HomeMy WebLinkAboutBoard of Commissioners - Minutes - 07/24/2018
MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners’ Room
515 W. Fir Avenue, Fergus Falls, MN
July 24, 2018
8:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened at 8:33 a.m. Tuesday, July 24, 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
Chairman Johnson called for approval of the Board Agenda. Motion by Froemming, second by Rogness
and unanimously carried to approve the Board of Commissioners Agenda of July 24, 2018, with the following
additions:
Establish Date, Time & Location for Tobacco Ordinance Public Hearing
Ditch 25 Discussion
Shoreland Restoration Discussion – Public Works Committee
Watershed Discussion
Consent Agenda
Motion by Froemming, second by Lindquist and unanimously carried to approve Consent Agenda items as
follows:
1. July 10, 2018, Board of Commissioners’ Meeting Minutes
2. Warrants/Bills for July 24, 2018 (Exhibit A)
3. Human Services Bills & Claims
4. Approve Tobacco License for Crossroads Convenience Center formerly
known as Ron’s Ready Mart
U.S. Fish and Wildlife Service (USFWS) Wildlife Habitat & Waterfowl Easements
USFWS Representatives appeared before the Board and requested certification of two wildlife habitat
protection easements and three waterfowl management easements. Documentation was previously
submitted regarding the requests. After County Board approval, the easement requests will be considered
by the State Land Exchange Board. The owner continues to be responsible for maintenance and taxes on
the property. Motion by Lindquist, second by Froemming and unanimously carried to approve certification
for the USFWS to secure the following waterfowl and habitat easements:
Evavold, Leland R. – Wildlife Habitat Protection Easement (144 acres):
T. 131 N., R. 40 W., 5th P.M.
Section 13, Parts of NE¼, NW¼ to be determined by a survey.
Claudia M. Hanson Trust, et al – Wildlife Habitat Protection Easement (220 acres):
T. 131 N., R. 38 W., 5th P.M.
Section 6, part of the SE¼ to be determined by a survey.
Section 7, part of the N½NE¼ to be determined by a survey.
Quirino Farms, LLC – Waterfowl Management Easement (4.49 wetland acres):
T. 131 N., R. 39 W., 5th P.M.
Section 10, E½S½SW1/4, also known as Government Lot 4.
OTC Board of Commissioners’ Minutes
July 24, 2018
Page 2
Van Nevel, Bradley – Waterfowl Management Easement (10.9 wetland acres):
The NW¼ of the NW¼ of Section 12, Township 131 North, Range 39 West of the Fifth Principle Meridian,
Otter Tail County, Minnesota:
AND
All that part of the NE¼ of the NW¼ of Section 12, Township 131 North, Range 39 West of the Fifth Principle
Meridian, Otter Tail County, Minnesota described as follows:
Commencing at the North Quarter Corner of said Section 12 (Corner Record No. 909626); thence on an
assumed bearing of South 01 degree 35 minutes 18 seconds East on and along the east line of said
Northeast Quarter of the Northwest Quarter of Section 12 a distance of 668.48 feet to the point of beginning;
thence continuing South 01 degree 35 minutes 18 seconds East on and along said east line a distance of
414.715 feet; thence South 89 degrees 52 minutes 52 seconds West on and along the north line of Sub Lot
One as described in Book K, page 33 in the office of the Otter Tail County Recorder, a distance of 482.00
feet; thence South 01 degree 35 minutes 18 seconds East on and along the west line of said Sub Lot One a
distance of 238.00 feet; thence South 89 degrees 52 minutes 52 seconds West on and along the south line
of said NE¼ of the NW¼ of Section 12 a distance of 589.80 feet; thence North 01 degree 23 minutes 28
seconds West on and along the west line of said NE¼ of the NW¼ of Section 12 a distance of 50.00 feet;
thence North 89 degrees 52 minutes 52 seconds East a distance of 610.66 feet; thence North 21 degrees
25 minutes 48 seconds East a distance of 671.93 feet; thence South 89 degrees 20 minutes 40 seconds
East a distance of 463.16 feet to the point of beginning.
Wentzel, Richard A. - Waterfowl Management Easement (4.2 wetland acres):
T. 132 N., R. 41 W., 5th P.M.
Section 4, That part of Government Lot 6 described as follows:
Commencing at the Southeast corner of said Section 4; thence running North 89 degrees 34 minutes 01
seconds West 2643.95 feet to the South quarter section corner thereof; thence North 00 degrees 03 minutes
36 seconds East 1634.17 feet along the quarter section line to the point of beginning, (which point intersects
the Northwesterly line of a 3.59 acre tract); thence South 36 degrees 43 minutes 30 seconds West 173 feet
more or less to German Lake; thence Westerly along the lake 1250 feet more or less to the west line of said
Government Lot 6; thence North 00 degrees 08 minutes 38 seconds East 1126 feet more or less to the
northwest corner of said Government Lot 6; thence South 89 degrees 37 minutes 53 seconds East 572.68
feet along the north line thereof to the southwesterly right of way line of State Highway Number 210; thence
South 64 degrees 20 minutes 00 seconds East 827.19 feet along said right of way line to the east line of
Government Lot 6; thence South 00 degrees 03 minutes 36 seconds West 650.41 feet along the east line of
said Government Lot 6 to the point of beginning, said tract containing 29.20 acres more or less.
Together with the perpetual right of way easement granted herein for ingress and egress to use jointly with
others, that part of the roadway as now located and lying within 66 feet north and east of the following
described line, which begins on the quarter section line at a point north 00 degrees 03 minutes 36 seconds
East 1746.41 feet from the South Quarter Section Corner thereof; thence North 68 degrees 47 minutes 36
seconds West 26.56 feet; thence North 04 degrees 02 minutes 36 seconds East 610 feet more or less to the
center of State Highway 210 and there terminating.
Commissioners and the USFWS Representatives discussed various issues that occur when wetland
easements expand due to high water. The USFWS indicated that these situations are handled on a case
by case basis often based on whether or not there is a health or safety risk due to the high water.
Commissioners suggested continued conversation regarding this issue be scheduled with the Otter Tail
County Conservation Committee.
OTC Board of Commissioners’ Minutes
July 24, 2018
Page 3
West Central Initiative (WCI) Update
West Central Initiative represents nine counties in west central Minnesota. They invest resources in our
communities for regional success. Program and demographic information was submitted. Greg Wagner,
Director of Business and Economic Development, reviewed an economic development snapshot of Otter
Tail County. He reported continued growth in the region which is anticipated to continue 20 years from now.
Economic needs for the region include growing the workforce, identify roles, increase wages, broadband
accessibility and available child care. Tom McSparron, Director of Community Philanthropy, briefed the
Board on WCI programs and grant opportunities to address community issues and effect community change.
University of Minnesota Program
Troy Schrupp, University of MN Extension Program Coordinator, is working with Otter Tail County’s
Community Services Division in response to increasing numbers of children needing out-of-home placement.
A six-month position status report titled “4H Community Youth Development” was submitted. Mr. Schrupp
is currently working with at risk kids in the community in four different programs. The greatest challenge is
making the connections to identify children at risk and filtering them into the programs. He is working with
school districts, County Human Services, Salvation Army and the 4-H program to get kids involved in healthy
activities. Commissioners suggested that Troy be a part of the Family Services Collaborative and attend
meetings as this group is focused on youth development and success.
Recess & Reconvene
At 9:31 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 9:38 a.m.
Otter Tail County 150th Anniversary Commemoration Update
Chris Schuelke, OTC Historical Society Executive Director, briefed the Board on the plans to celebrate Otter
Tail County’s 150th Anniversary. The committee working on this celebration wants to make this a County
wide celebration to get everyone involved. There will be an exhibition traveling throughout the County, a
play put together by Place Base Productions depicting Otter Tail County’s 150 years of history and a special
County Board meeting at Justice Two in Clitherall, MN.
Joint Ditch #2
Kevin Fellbaum, County Ditch Inspector, reported on previous meetings held regarding the status of JD 2.
He requested approval for Redetermination of Benefits for JD 2 and Otter Tail County Ditches 50 and 64
that drain into JD 2. Motion by Rogness, second by Huebsch and unanimously carried to authorize
Redetermination of Benefits on JD 2 and Redetermination of Benefits on OTC Ditches 50 and 64. Ditch
viewers assigned to these projects are Kevin Brennan, Mike Johnson and Jeff Wiebe. The County Attorney
will draft an Order for the redetermination of benefits.
County Ditch #25
Discussion took place regarding work (clean out) authorized in Ditch 25 from Highway 35 to the wetland
north of McDonald Lane. Motion by Huebsch, second by Rogness to wait until a formal petition is submitted
to authorize the clean out. Motion and second withdrawn as the clean out was authorized at the June 26,
2018, County Board meeting.
Based on emails and concerns from citizens downstream of the authorized clean out, a motion was offered
by Huebsch to direct staff to further investigate the potential impact to water quality in Big McDonald Lake
prior to moving forward with the Ditch 25 clean out authorized June 26, 2018. The motion failed for lack of
a second.
OTC Board of Commissioners’ Minutes
July 24, 2018
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Because of water quality and other environmental issues raised by benefitted parties on Big McDonald Lake
in Ditch 25, a motion was offered by Rogness and seconded by Froemming to direct staff to further
investigate and consider water management criteria under M.S. 103E.015 prior to moving forward with the
previous approval to clean out Ditch 25 from Highway 35 to the wetland north of McDonald Lane. Motion
passed unanimously.
County Ditch #14
Michelle Eldien, County Attorney, referred to issues with Ditch 14 and indicated that the issue is whether the
County is restricted by State Statute regarding the need for an Environmental Assessment Worksheet (EAW)
and/or an Environmental Impact Statement (EIS) when a Ditch repair is needed. Ms. Eldien suggested a
Closed Session with Environmental Law Attorneys, Rinke Noonan, on September 4, 2018.
T21 Ordinance Public Hearing
Motion by Huebsch, second by Froemming and unanimously carried to establish the T21 Ordinance Public
Hearing at 1:00 p.m. on August 14, 2018, at the Government Services Center in Fergus Falls, MN.
Approval of Waste Hauler License
Motion by Huebsch, second by Lindquist and unanimously carried to approve an Otter Tail County 2018
Solid Waste Hauler license for North Central, Inc. of Perham, MN.
Vulnerable Adult Program Report
A document titled “Vulnerable Adult Intake & Assessment Program, 2017 Overview” was submitted. Human
Services staff briefed the Board regarding the program. The number of Vulnerable Adult abuse reports for
2017 is about the same as in past years. Reports of financial abuse has increased with the passing of the
State Senior Financial Protection Act allowing investment advisors and bank officials to make reports.
Economic Assistance Program Report
Human Services Director Deb Sjostrom provided a document titled “2017 Year in Review: Income
Maintenance Programs”. Income Maintenance staff briefed the Board on the Supplemental Nutrition
Assistance Program (SNAP), Medical Assistance and Minnesota Care, the MN Family Investment Program
(MFIP) and Emergency Assistance Program. Ms. Sjostrom also shared the 2nd quarter Human Services
Budget Report.
Planning Commission Recommendations
Conditional Use Permit – Trudy Swanson:
Motion by Lindquist, second by Froemming and unanimously carried to deny a Conditional Use Permit to
raise the existing slab patio out of the water, raise existing boathouse structure and reinforce existing
retaining wall. The denial is due to the length of time since the original application on July 9, 2014, and due
to the unknown outcome of the LMKP Lakes Outlet project, as recommended by the Planning Commission.
The proposal is located in Pt of GL 2 & NW¼ of the NE¼, Section 14 of Edna Township; Paul Lake
(56-335), RD.
Preliminary Plat – “Marion Shores”/ David Adams, et al & Jeremy Donabauer:
Motion by Huebsch, second by Rogness and unanimously carried to approve the Preliminary Plat titled
“Marion Shores” consisting of 5 single family residential riparian lots with conditions as recommended by the
Planning Commission. The proposal is located in GL 4 Ex Rr R/W Ex Trs Ex Platted Aka Parcel D Ex Trs,
Section 7 of Rush Lake Township; Marion Lake (56-243), GD.
Conditional Use Permit – Battle View Homeowners Association:
Motion by Froemming, second by Lindquist and unanimously carried to approve a Conditional Use Permit to
amend Conditional Use Permit #6812 as presented. The proposal is located in Battle View Common Interest
Community (CIC) #81, Section 33 of Girard Township; West Battle Lake (56-239), GD.
OTC Board of Commissioners’ Minutes
July 24, 2018
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Conditional Use Permit – Robert & Rachel Posch:
Motion by Huebsch, second by Rogness and unanimously carried to approve an after-the-fact Conditional
Use Permit to repair and stabilize existing walking path along shoreline and going up the bluff with a condition
as recommended by the Planning Commission. The proposal is located in a 20.12 Ac., Pt of GL 3 & 4, 18.10
Ac in GL 3 & .9 Ac in GL 4 on N Shore, Section 16 of Hobart Township; Rose Lake (56-360), RD.
Conditional Use Permit – Seclusion Point, LLC/ Craig Peterson, et al:
Motion by Rogness, second by Huebsch and unanimously carried to approve a Conditional Use Permit to
add 6 recreational camping units in tier 1 and include 6 boat slips allowed by the Shoreland Management
Ordinance. This is a modified request. The proposal is located in Government Lot 7, Except the South 1100
feet, Section 29 of Edna Township; McDonald Lake (56- 386), RD.
Conditional Use Permit – Jade Nielson Properties, LLC:
Motion by Huebsch, second by Lindquist and carried, with Johnson abstaining, to convert White Haven
Resort into a Common Interest Community (CIC) plat of 16 residential dwelling units with a condition as
recommended by the Planning Commission. The proposal is located in Part of Government Lot 6 & Part of
Government Lot 1, Sections 9 & 16 of Dead Lake Township; Dead Lake (56-383), NE.
Conditional Use Permit – Orland Ohe/ Juhl Energy Development:
Motion by Froemming, second by Lindquist and unanimously carried to approve a Conditional Use Permit
for construction of a small solar wind hybrid project in cooperation with Lake Region Electric Cooperative as
presented. The proposal is located in the NW¼SE¼ & SW¼NE¼ and NE¼SE¼ & SE¼NE¼, Section 13
of Trondhjem Township; Non-Shoreland Area.
Final Plat – Bollinger Addition
Motion by Huebsch, second by Froemming and unanimously carried to approve the Final Plat known as
“Bollinger Addition” consisting of two single family, non-riparian lots located in Lot 1, Section 7,
Township 39W, Marion Lake (56-243), GD.
OTTER TAIL COUNTY RESOLUTION TO APPROVE THE
BOIS DE SIOUX-MUSTINKA ONE WATERSHED, ONE PLAN
POLICY COMMITTEE RULES
Otter Tail County Resolution 2018-51
WHEREAS, the Minnesota Board of Water and Soil Resources has developed policies for coordination and
development of comprehensive watershed management plans, also known as One Watershed, One Plan,
consistent with Minnesota Statutes, Chapter 103B.801, Comprehensive Watershed Management Planning
Program; and
WHEREAS, Minnesota Statutes, Chapter 103B.301, Comprehensive Local Water Management Act,
authorizes Minnesota Counties to develop and implement a local water management plan; and
WHEREAS, Minnesota Statutes, Chapter 103D.401, Watershed Management Plan, authorizes Minnesota
Watershed Districts to develop and implement a watershed management plan; and
WHEREAS, Minnesota Statutes, Chapter 103C.331, subdivision 11, Comprehensive Plan, authorizes
Minnesota Soil and Water Conservation Districts to develop and implement a comprehensive plan; and
WHEREAS, the counties, soil and water conservation districts, and watershed district within the
Bois de Sioux – Mustinka Watersheds have interest in developing a comprehensive watershed management
plan for the Bois de Sioux – Mustinka Watersheds; and
OTC Board of Commissioners’ Minutes
July 24, 2018
Page 6
WHEREAS, representatives from the counties, soil and water conservation districts, and watershed district
within the Bois de Sioux – Mustinka Watersheds have developed a set of Policy Committee Rules (see
attached).
NOW, THEREFORE, BE IT RESOLVED, that Otter Tail County recognizes and supports watershed-scale
planning efforts consistent with Minnesota Statutes, Chapter 103B.801, also known as One Watershed, One
Plan; and
BE IT FURTHER RESOLVED that the One Watershed One Plan Policy Committee Rules are approved on
behalf of Otter Tail County.
The motion for adoption of the foregoing resolution was made by Commissioner Lindquist and duly seconded
by Commissioner Rogness and, after full discussion thereof, and upon a vote being taken thereof, the
following voted in favor thereof:
Commissioners Huebsch, Johnson, Lindquist, Froemming and Rogness. and
the following voted against same: None
Adopted at Fergus Falls, Minnesota this 24th day of July 2018
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: _________________
By: _____________________________ Attest: ______________________________
Wayne Johnson, Board Chair John W. Dinsmore, Clerk
Recess & Reconvene
At 11:30 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 11:37 a.m.
ACCEPTING DEDICATED DONATION TO SUPPORT VETERANS VAN FUND
Otter Tail County Resolution No. 2018 – 52
WHEREAS, American Legion Post 489, Underwood MN has offered to donate funds in the amount of
$250.00 to the County of Otter Tail on behalf of the Otter Tail County Veterans Services to assist in the
Veterans Transportation program.
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 American Legion Post 489 will be for the purpose of assisting in the cost of
veterans’ van replacement.
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 American Legion Post 489, Underwood and extends its grateful
appreciation.
OTC Board of Commissioners’ Minutes
July 24, 2018
Page 7
The motion for the adoption of the foregoing resolution was introduced by Commissioner Lindquist, 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
and the following voted against the same: None
Adopted at Fergus Falls, Minnesota, Tuesday, July 24, 2018
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By:
Wayne Johnson, Chair Attest:
John Dinsmore, Clerk
Veterans Van Purchase
VSO Charlie Kampa reported that about $21,700 has been raised for purchase of a new van to provide
transportation for veterans. Motion by Froemming, second by Huebsch and unanimously carried to authorize
the Veterans Service Officer to purchase a van through the State Bid System for transporting veterans to
required appointments.
Highway Projects
Highway Construction Contract – S.P. 056-667-036:
Motion by Froemming, second by Lindquist and unanimously carried to authorize appropriate County
Officials’ signatures to execute Highway Construction Contract between the County of Otter Tail and Central
Specialties, Inc. of Alexandria, MN for work on CSAH No. 67 from 740’ East of CSAH 54 to 200’ South of
Walker Street in New York Mills.
Highway Construction Contract – S.A.P. 056-627-014:
Motion by Rogness, second by Lindquist and unanimously carried to authorize appropriate County Officials’
signatures to execute a Highway Construction Contract between the County of Otter Tail and Riley Bros.
Construction, Inc. of Morris, MN, for work on CSAH 27 from North Woodland Drive to 1,258’ North of
CSAH 10.
Quotation Award – Crane Lake Outlet Culvert:
Motion by Rogness, second by Froemming and unanimously carried to award the Crane Lake Outlet project
to Landwehr Construction, Inc. of St. Cloud, MN at the low quote of $93,907.50, contingent upon the approval
of the MN Department of Natural Resources (DNR). This DNR project is located in County Ditch 16.
Joint Powers Agreement Amendment – Crane Lake Fish Passage Project:
Motion by Rogness, second by Lindquist and unanimously carried to authorize the appropriate County
Officials’ signatures to execute a Joint Powers Agreement Amendment between the County Otter Tail and
the MN DNR for Swift Contract #127574 to extend the funds and agreement to 12/31/2018.
Horse Driven Buggy Safety Discussion
Board members, County Sheriff and other County staff discussed safety issues with horse driven buggies
on County roads, especially in the early morning and late evening hours. The County Administrator and
Public Health staff will reach out to the applicable communities to educate them on the value of better
reflectors and/or lights to make the buggies more visible.
OTC Board of Commissioners’ Minutes
July 24, 2018
Page 8
Commendation to the Law Enforcement Community
Motion by Rogness, second by Froemming and unanimously carried to commend law enforcement involved
in the safe return of the victim and the apprehension of the offender in the July 22, 2018, kidnapping case
near Fergus Falls.
EOT Soil & Water Conservation District (SWCD)
Motion by Rogness, second by Froemming and unanimously carried to authorize Commissioners to attend
the EOT SWCD “Breakfast on the Farm” event August 4, 2018, at the Mike and Sandy Dombeck farm.
Adjournment
At 12:25 p.m., Chairman Johnson declared the meeting of the Otter Tail County Board of Commissioners
adjourned until 8:30 a.m. on Tuesday, August 7, 2018, at the New York Mills County offices.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest:
Wayne Johnson, Chair John Dinsmore, Clerk
CB/kd
OTC Board of Commissioners’ Minutes
July 24, 2018
Exhibit A, Page 1
WARRANTS APPROVED ON 7/24/2018
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July 24, 2018
Exhibit A, Page 2
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Exhibit A, Page 3
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Exhibit A, Page 4
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Exhibit A, Page 5
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Exhibit A, Page 6