HomeMy WebLinkAboutBoard of Commissioners - Minutes - 10/16/2018
MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, West Battle Lake Room 500 W. Fir Avenue, Fergus Falls, MN
October 16, 2018 11:00 a.m.
Call to Order The Otter Tail County Board of Commissioners convened at 11:04 a.m. Tuesday, October 16, 2018, at the Government Services Center in Fergus Falls, MN, with Commissioners Wayne Johnson, Chair;
John Lindquist, Lee Rogness, and Doug Huebsch present. Commissioner Roger Froemming was absent. Approval of Agenda Chairman Johnson called for approval of the Board Agenda. Motion by Rogness, second by Lindquist and unanimously carried to approve the Board of Commissioners Agenda of October 16, 2018, with the following modifications. Public Works Committee (Solid Waste Item) – Canceled at 11:30 a.m. Public Works Committee Scheduled at 1:50 p.m. moved to 11:30 a.m. Resolution Vacating Abandoned Right of Way Consent Agenda Motion by Lindquist, second by Huebsch and unanimously carried to approve Consent Agenda items as follows:
1. October 9, 2018, Board of Commissioners’ Meeting Minutes 2. Warrants/Bills for October 16, 2018 (Exhibit A)
Planning Commission Recommendations Conditional Use Permit – Robert James Loots: Motion by Huebsch, second by Rogness and unanimously carried to approve a Conditional Use Permit for lot alterations as presented. The proposal is located in Pt GL 1, Section 26 of Everts Township; West Battle Lake (56-239), GD.
Preliminary Plat – “Olson Acres” / Olson Living Trust: Motion by Rogness, second by Lindquist and unanimously carried to approve a Preliminary Plat titled “Olson Acre” consisting of 3 single family residential non-riparian lots. The proposal is located in Pt Government Lot 3 (10.6 acres), Section 4 of Pine Lake Township; Big Pine Lake (56-130), General Development (GD).
Conditional Use Permit – Jerry & Cindy Humphrey:
Motion by Lindquist, second by Huebsch and unanimously carried to deny this after-the-fact request for a Conditional Use Permit for the following reasons: 1) the work took place in a bluff; and 2) the existing retaining wall has not been engineered and does not appear to provide stabilization. The Applicant will work with the Land & Resource office and the Soil & Water Conservation District (or similar agency) to determine methods of stabilization. The proposal is located on Lot 51 & 52 of Oak Manor Shores, Section 02 of Dora Township; Loon Lake (56-523), Recreational Development (RD).
Conditional Use Permit – Bryan & Vicki Severson: Discussion took place regarding this Conditional Use Permit request to replace one 18” culvert with one 36” culvert under the driveway at 23247 Severson Lane, Underwood, MN. Chuck Worum, Secretary of the South Turtle Lake Improvement District (STLID) presented a letter requesting engineering data be provided to the STLID to show the effect on South Turtle Lake. Commissioner Lindquist indicated that underneath Highway 122, there is an 18” culvert which is a restrictive flow factor. Commissioners encouraged the LIDs
to monitor water quality. Public Works Director Rick West stated that the County would monitor and manage the outlet from North Turtle to South Turtle as appropriate. The outlet has been in place since 2007.
OTC Board of Commissioners’ Minutes October 16, 2018 Page 2
Conditional Use Permit – Bryan & Vicki Severson (continued): A letter was received from the DNR Hydrologist indicating that the driveway was not intended to retain water in North Turtle Lake; therefore, improving efficiency of the culvert seems reasonable. Motion by Lindquist,
second by Huebsch and unanimously carried to approve the Conditional Use Permit to replace the culvert as presented and recommended by the Planning Commission. The proposal is located at Lots 1 & 9 Ex Trs, Section 25 of Sverdrup Township; North Turtle Lake (56-379), Natural Environment (NE). U.S. Fish and Wildlife Service (USFWS) Waterfowl Easement USFWS Representatives appeared before the Board and requested certification of a waterfowl management easement consisting of 15 basins. Documentation was previously submitted regarding the request. After County Board approval, the easement request will be considered by the State Land Exchange Board. The owner continues to be responsible for maintenance and taxes on the property. Motion by Rogness, second by Lindquist and unanimously carried to approve certification for the USFWS to secure the following waterfowl easement: S&S Silent Lakes Ranch, LLC:
T. 136 N., R.42 W., 5th P.M. (complete description attached as Exhibit B)
Greater Fergus Falls Motion by Lindquist, second by Huebsch carried with Rogness abstaining, to authorize Commissioner Lee Rogness to be a member of the newly formed Greater Fergus Falls Corporation. The organization’s mission is to support and grow the areas business community. Recess At 11:34 a.m., Chair Johnson declared the meeting of the Otter Tail County Board of Commissioners recessed for Public Works and Internal Services Committee meetings and lunch break. Closed to the Public At 12:50 p.m., Chair Johnson declared the Board of Commissioners meeting closed to the public to discuss matters regarding a real estate transaction. The closed session is authorized under M.S. 13D.05, Subd. 3(c)(1). Present were Commissioners Huebsch, Johnson, Lindquist and Rogness, Attorney
Michelle Eldien, Administrator John Dinsmore, Auditor-Treasurer Wayne Stein, Facilities Managers Terry Hoff and Doug Cannell, Economic Development Director, Nick Leonard and Board Secretary. Amendment to Engineering Services Agreement – CSAH 12 and 35 Reconstruction At 1:20 p.m., Chairman Johnson declared the Board of Commissioners meeting opened to the public. Motion by Lindquist, second by Rogness and unanimously carried to authorize the appropriate County Officials’ signatures to execute Amendment No. 2 to Agreement No. 15.00822, between Otter Tail County and Ulteig Engineers, for the highway design of the CSAH 12 and CSAH 35 Reconstruction project. Recommendation for Award – CSAH 6 Cattle Pass Project Motion by Huebsch, second by Rogness and unanimously carried to award the CSAH 6 Cattle Pass Repair project to DM Enterprises of Wadena, MN, at a quote of $8,000.00 and $10.00 per cubic yard of borrow material.
Broadband Market Survey Nick Leonard, Communications and External Relations Director, presented a residential broadband market survey from CCG Consulting. A grant was received from West Central Initiative (WCI) to pay for the study which focused on the unserved areas of the County. Motion by Rogness, second by Lindquist and unanimously carried to approve the CCG Residential Broadband Survey as presented. The market survey will be provided to the economic development/broadband group to develop next steps with the telecommunication providers.
OTC Board of Commissioners’ Minutes October 16, 2018 Page 3
Economic Development Committee Update Discussion took place regarding the Economic Development Committee process and recent meeting between the Otter Tail County Board and the Fergus Falls/OTC Housing & Redevelopment Authority (HRA). The mission of the HRA is to assist low income, very low income and extremely low-income families with safe, decent and affordable housing. Commissioners discussed the County’s diverse housing needs,
including the significant need for affordable workforce and market rate housing throughout much of the County where jobs are available. Commissioners discussed the need for two housing strategies – one by the HRA focused on income restricted housing and one by an entity to be determined which will focus on non-income restricted housing. The second entity determination to be guided by the process outlined in M.S. 469.1082 that is currently underway. Commissioners discussed the importance of the HRA levy reflecting both housing needs. Motion by Huebsch, second by Lindquist and unanimously carried directing Mr. Leonard to initiate an arrangement whereby the 2019 HRA Levy can be divided between the HRA ($541,800) for income restricted housing programs and the balance ($541.800) for non-income restricted housing programs implemented by an entity to be determined. The OTC HRA will need to pass a resolution providing the Otter Tail County Board of Commissioners the powers specified in M.S. 469.094. Motion by Huebsch, second by Rogness and unanimously carried to schedule a Public Hearing at 1:00 p.m. on Tuesday, November 13, 2018, to receive comments on expanding the Otter Tail County HRA Board of Commissioners from 5 members to 6 or 7 members per M.S. 469.006.
RESOLUTION VACATING ABANDONED RIGHT OF WAY County Highway 42 Otter Tail County Resolution No. 2018 - 73 Upon a motion by Huebsch, seconded by Lindquist and carried, with Rogness absent, the following resolution was adopted: WHEREAS, the City of Parkers Prairie is the owner of property legally described in documents submitted with this resolution; and WHEREAS, Grace Christian Church of Parkers Prairie is the owner of property legally described in documents submitted with this resolution; and
WHEREAS, the above two properties are contiguous parcels; and WHEREAS, Grace Christian Church of Parkers Prairie has petitioned to vacate the Otter Tail County right-of-way burdening the above properties; and WHEREAS, Rodney F. Eldevik of Eldevik Land Surveying, Inc., prepared a survey for the land description for vacation purposes of a public roadway in documents submitted with this resolution; and WHEREAS, it appears to the County Board of Commissioners of the County of Otter Tail that the portion of Co. Hwy. 42 right of way granted to Otter Tail County, Minnesota, located in the Southwest Quarter of Southeast Quarter (SW1/4 of SE1/4) of Section 15, Township 131, Range 37, and legally described as: A strip of land over and across the following described tract: The Southwest Quarter of the
Southeast Quarter (SW ¼ of SE ¼ ) of Section 15, Township 131, Range 37, said strip being all that part of the above described tract which lies within 50 feet of the southerly and easterly side of the following described centerline: Beginning at the northeast comer of the Southwest Quarter of the Southeast Quarter of Section 15, Township 131, Range 37, thence South 89 degrees 24 minutes West for a distance of 1035.1 feet, thence deflect to the left on a 20 degree 00 minute curve ( delta angle 89 degrees 24 minutes) for a distance of 447.0 feet, thence South for a distance of 344.0 feet, and there terminating, containing 0. 71 acres more or less; has been abandoned.
OTC Board of Commissioners’ Minutes October 16, 2018 Page 4 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 vacating the abandoned portion of Co. Hwy. 42 right of way at 421 Jackson Street and 123 North Fourth Avenue, Parkers Prairie,
Minnesota, which burdens the property legally described as: That part of the Southwest Quarter of the Southeast Quarter (SW 1/4 of SE 1/4) of Section 15, Township 131 North, Range 37 West, Otter Tail County, Minnesota, described as follows: Commencing at the southwest comer of said Southwest Quarter of the Southeast Quarter; thence North 00 degrees 33 minutes 34 seconds West, assumed bearing, along the west line of said Southwest Quarter of the Southeast Quarter, a distance of 958.95 feet to a point distant 208 feet north of the intersection of the centerline of Soo Street as shown on the Subdivision Plat of Block 50 of Lakeview Addition, according to the recorded plat thereof on file and of record in the office of the County Recorder, said Otter Tail County, said point being the point of beginning of the land to be described;
thence continuing North 00 degrees 33 minutes 34 seconds West, along said west line, 371.31 feet to the northwest comer of said Southwest Quarter of the Southeast Quarter; thence North 89 degrees 46 minutes 42 seconds East, along the north line of said Southwest Quarter of the Southeast Quarter, to a point 298.90 feet east of the west line of said Southwest Quarter of the Southeast Quarter as measured perpendicular to said west line; thence South 00 degrees 33 minutes 34 seconds East 369.55 feet to a line bearing North 89 degrees 26 minutes 26 seconds East from said point of beginning; thence South 89 degrees 26 minutes 26 seconds West 298.90 feet to the point of beginning. EXCEPTING THEREFROM the North 33.00 feet and the West 33.00 feet of the afore described tract of land. Adopted this 16th day of October 2018
OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: ______________________ By: __________________________________ Attest: _______________________ Wayne Johnson, Chair John W. Dinsmore, Clerk Adjournment At 2:31 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 9:30 a.m. on Tuesday, November 6, 2018, at the Prairie Events Center in Parkers Prairie, MN. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated:
By: Attest: Wayne Johnson, Chair John W. Dinsmore, Clerk
CB/kd
OTC Board of Commissioners’ Minutes October 16, 2018 Exhibit A, Page 1 WARRANTS APPROVED ON 10/16/2018
OTC Board of Commissioners’ Minutes October 16, 2018 Exhibit A, Page 2
OTC Board of Commissioners’ Minutes October 16, 2018 Exhibit A, Page 3
OTC Board of Commissioners’ Minutes October 16, 2018 Exhibit A, Page 4
OTC Board of Commissioners’ Minutes October 16, 2018 Exhibit B, Page 1 T. 136 N., R. 42 W., 5th P.M.
In section thirty-six (36), that part of the East Half of the Northwest Quarter (E½ NW¼) and that part of the West Half of the Northeast Quarter (W½ NE¼), described as follows: Commencing at the northwest comer of said Section 36; thence South 88 degrees 08 minutes 30 seconds East, assumed bearing along the north line of said Section 36, a distance of 2695.20 feet to the north quarter comer of said Section 36; thence North 89 degrees 04 minutes 58 seconds East, along said north line of Section 36, a distance of 1345.57 feet to the east line of aforesaid West Half of the Northeast Quarter (W½ NE¼); thence South 00 degrees 04 minutes 35 seconds East, along said east line, 651.40 feet to the point of beginning of the land to be described; thence continuing South 00 degrees 04 minutes 35 seconds East, along said east line, 1954.20 feet to the south line of said West Half of the Northeast Quarter (W½ NE¼); thence South 89 degrees 23 minutes 22 seconds West, along said south line, 905.98 feet to a point being 429.21 feet easterly of the southwest comer of said West Half of the Northeast Quarter (W½ NE¼); thence North 00 degrees 36 minutes 38 seconds West 277.04 feet; thence South 89 degrees
23 minutes 22 seconds West 427.72 feet to a point on the west line of aforesaid West Half of the Northeast Quarter (W½ NE¼), said point being 277.05 feet northerly of the southwest comer of said West Half of the Northeast Quarter (W½NE¼);thence North 00 degrees 18 minutes 12 seconds West, along said west line, 127.46 feet to Point "A"; thence South 83 degrees 49 minutes 37 seconds East 192.09 feet; thence North 43 degrees 39 minutes 32 seconds East 375.40 feet; thence North 77 degrees 37 minutes 58 seconds East 425.24 feet; thence North 15 degrees 06 minutes 25 seconds East 531.12 feet; thence North 02 degrees 17 minutes 28 seconds West 389.71 feet; thence South 88 degrees 22 minutes 44 seconds West 1415.96 feet; thence South 00 degrees 18 minutes 47 seconds East 1158.63 feet to a line bearing North 83 degrees 49 minutes 37 seconds West from aforesaid Point "A"; thence North 83 degrees 49 minutes 37 seconds West 112.60 feet; thence North 25 degrees 50 minutes 06 seconds West 326.35 feet; thence North 00 degrees 18 minutes 47 seconds West 1207.47 feet; thence South 88 degrees 45 minutes 30 seconds East 673.45 feet; thence North 89 degrees 09 minutes 32 seconds East 1342.97 feet to the point of beginning. The tract contains 45.75 acres more or less, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: That part of the West Half of the
Northeast Quarter (W½ NE¼), of said Section 36, described as follows: Commencing at the northwest comer of said Section 36; thence South 88 degrees 08 minutes 30 seconds East, assumed bearing along the north line of said Section 36, a distance of 2695.20 feet to the north quarter corner of said Section 36; thence North 89 degrees 04 minutes 58 seconds East, along said north line of Section 36, a distance of 1345.57 feet to the east line of aforesaid West Half of the Northeast Quarter (W½ NE¼); thence South 00 degrees 04 minutes 35 seconds East, along said east line, 2605.60 feet to the south line of said West Half of the Northeast Quarter (W½ NE¼); thence South 89 degrees 23 minutes 22 seconds West, along said south line, 905.98 feet to a point being 429.21 feet easterly of the southwest corner of said West Half of the Northeast Quarter (W½ NE¼); thence North 00 degrees 36 minutes 38 seconds West 277.04 feet: thence South 89 degrees 23 minutes 22 seconds West 427.72 feet to a point on the west line of aforesaid West Half of the Northeast Quarter (W½ NE¼), said point being 277.05 feet northerly of the southwest comer of said West Half of the Northeast Quarter (W½ NE¼); thence North 00 degrees 18 minutes
12 seconds West, along said west line, 127.46 feet; thence South 83 degrees 49 minutes 37 seconds East 192.09 feet; thence North 43 degrees 39 minutes 32 seconds East 375.40 feet: thence North 77 degrees 37 minutes 58 seconds East 425.24 feet to the point of beginning of land to be described; thence North 15 degrees 06 minutes 25 seconds East 531.12 feet; thence North 02 degrees 17 minutes 28 seconds West 389.71 feet; thence North 88 degrees 22 minutes 44 seconds East 35.53 feet; thence South 05 degrees 25 minutes 49 seconds East 392.07 feet; thence South 20 degrees 51 minutes 44 seconds West 548.85 feet to the point of beginning; The tract contains 0.75 acres more or less. And,
OTC Board of Commissioners’ Minutes October 16, 2018 Exhibit B, Page 2 That part of the North Half (N½) of said Section 36, described as follows:
Commencing at the Northwest corner of said Section 36; thence South 88 degrees 08 minutes 30 seconds East on an assumed bearing along the North line of said Section 36 a distance of 1347.60 feet to the point of beginning of the parcel to be described; thence continuing South 88 degrees 08 minutes 30 seconds East a distance of 1347.60 feet to the North quarter comer of said Section 36; thence North 89 degrees 04 minutes 58 seconds East along the North line of said Section 36 a distance of 1345.57 feet; thence South 00 degrees 04 minutes 35 seconds East a distance of 651.40 feet; thence South 89 degrees 09 minutes 32 seconds West a distance of 1342.97 feet; thence North 88 degrees 45 minutes 30 seconds West a distance of 673.45 feet; thence South 00 degrees 18 minutes 47 seconds East a distance of 1207.47 feet; thence South 25 degrees 50 minutes 06 seconds East a distance of 326.35 feet; thence North 83 degrees 49 minutes 37 seconds West a distance of 141.51 feet; thence North 25 degrees 50 minutes 06 seconds West a distance of 115.39 feet; thence North 00 degrees 00 minutes 26 seconds East a distance of 68.46 feet; thence North 89 degrees 59 minutes 34 seconds West a distance of 623.66 feet; thence North 00 degrees 19 minutes 22 seconds West a distance of 1992.27 feet to the point of beginning, containing 2,673,459 square feet or 61.37
acres, more or less. And, That part of the North Half (N½) of said Section 36, described as follows: Commencing at the Northwest comer of said Section 36; thence South 88 degrees 08 minutes 30 seconds East on an assumed bearing along the North line of said Section 36 a distance of 1347.60 feet; thence South 00 degrees 19 minutes 22 seconds East a distance of 2656.36 feet; thence North 89 degrees 23 minutes 22 seconds East along the east-west quarter line of said Section 36 a distance of 672.88 feet; thence North 00 degrees 18 minutes 47 seconds West a distance of 404.01 feet to the point of beginning of the parcel to be described; thence continuing North 00 degrees 18 minutes 47 seconds West a distance of 80.52 feet; thence South 83 degrees 49 minutes 37 seconds East a distance of 677.27 feet; thence South 00 degrees 18 minutes 12 seconds East a distance of 80.51 feet; thence North 83 degrees 49 minutes 37 seconds West a distance of 677.26 feet to the point of beginning, containing 54,181 square feet or 1.24 acres, more or less.