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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 07/11/2017 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners’ Room 515 W. Fir Avenue, Fergus Falls, MN July 11, 2017 8:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened at 8:30 a.m. Tuesday, July 11, 2017, at the Government Services Center in Fergus Falls, MN, with Commissioners Doug Huebsch, Chair; Wayne Johnson, Vice-Chair; Roger Froemming, John Lindquist and Lee Rogness present. Approval of Agenda Chairman Huebsch called for approval of the Board Agenda. Motion by Froemming, second by Johnson and unanimously carried to approve the Board of Commissioners Agenda of July 11, 2017, with the following addition: Discussion Regarding Non Shoreland Feedlot Meetings Consent Agenda Motion by Johnson, second by Froemming and unanimously carried to approve Consent Agenda items as follows: 1. June 27, 2017 Board of Commissioners’ Meeting Minutes 2. Warrants/Bills for July 11, 2017 (Exhibit A) 3. Human Services Bills & Claims Guardianship Services Agreement Motion by Johnson, second by Rogness and unanimously carried to authorize the appropriate County Officials’ signatures to execute a Purchase of Service Agreement between Otter Tail County and Lighthouse Association, Inc. as follows: Agency Program Effective Date Targeted Population Amount of Contract Funding Source Lighthouse Assoc. Inc. Guardianship Services 6/1/17-12/31/17 Elderly/Disabled $45.39/hr. for average of 5 hrs. per month OTC and MN Supplemental Assistance Family Home Visiting Fee Increase Motion by Rogness, second by Lindquist and unanimously carried to approve an increase, from $120.00 to $140.00 per visit and $35.00 per 15 minutes unit, for Public Health Nurse Family Home Visits through Medical Assistance, based on the recent legislative approved increase. The fee increase is approved beginning July 1, 2017. Non Shoreland Feedlot Public Meetings Commissioners discussed the current process for Public Meetings the County holds to provide a local forum for new or expanding feedlots outside of the shoreland area. The meetings are held on behalf of the MN Pollution Control Agency (MPCA), who is the permitting authority. Administrator John Dinsmore reported that Division Directors have discussed this issue in relationship to comprehensive planning and the County’s Subdivision Controls Ordinance. OTC Board of Commissioners’ Minutes July 11, 2017 Page 2 Federal Grant Opportunity Nick Leonard, Economic Development Director and Amy Baldwin, City of Fergus Falls Economic Improvement Commission (EIC) Director, briefed the Board regarding the federal grant received to study the impacts of the closure of the Hoot Lake power plant. A grant has been received to do a preliminary engineering analysis of the environmental impacts of decommissioning the power plant. The analysis will position stakeholders to plan for opportunities regarding the land in this surrounding area. West Central Initiative (WCI) Update Greg Wagner, Business & Economic Development Director, reported on Otter Tail County’s socioeconomic factors. Lengthy discussion took place regarding; 1) population growth, 2) the over-age 65 population growth, 3) workforce challenges, 4) a livable wage, 5) broadband, 6) top employment industries, 7) low unemployment rate, and 8) improvement in poverty levels. The data used for the report was from the Minnesota Dept. of Employment and Economic Development (DEED). Tom McSparron, Donor Services Officer, reported on new WCI programs including forgivable child care loans, a new website, www.stayopenforbiz.org, to assist businesses to plan for disaster recovery, and new branding titled “Live Wide Open” to showcase the County’s beauty and the reason to work and live in central Minnesota. Mr. McSparron thanked the County Board for their financial support to help WCI in their stewardship efforts. Request to Change Lake Classification – Unnamed Lake (Little Pleasant) Bruce Leitch, Property Owner on Unnamed Lake known as Little Pleasant Lake submitted a petition to return Little Pleasant Lake to a Recreational Development (RD) Classification. Land & Resource Director Bill Kalar stated that, in 2004, the County Board along with MN Department of Natural Resource (DNR), reclassified small lakes under 150 acres in Otter Tail County from Recreational Development classification to Natural Environment classification to mitigate density around the small lakes. Little Pleasant Lake was already developed at that time and at one time, was part of Pleasant Lake. Motion by Lindquist, second by Rogness and unanimously carried to support the reclassification request for the Unnamed Lake known as Little Pleasant Lake to an RD classification. Mr. Kalar will return to the County Board with a resolution to request that the DNR reclassify Little Pleasant and Tonseth lakes. Motion by Rogness, second by Lindquist and unanimously carried to begin the process of renaming the Unnamed Lake to Little Pleasant Lake under the process identified in M.S. Chapter 83A, which requires a bond to cover the cost of the name change. RESOLUTION ADOPTING ASSESSMENT ORDER FOR COUNTY DRAINAGE SYSTEM NO. 5/36/68 Otter Tail County Resolution No. 2017 - 48 Upon a motion made by Rogness, seconded by Froemming and unanimously carried, the following resolution was adopted: WHEREAS, the County Board of Otter Tail County, acting as the County Drainage Authority, has authorized and approved expenditures directly related to the benefited properties of County Drainage System No. 5/36/68, and WHEREAS, there were insufficient funds available in the account for Otter Tail County Drainage System No. 5/36/68 to finance the authorized and approved expenditures, and WHEREAS, inter-fund loans have been made to finance the authorized and approved expenditures relating to County Drainage System No. 5/36/68 from the County’s General Revenue Fund to the County Drainage System No. 5/36/68 account. OTC Board of Commissioners’ Minutes July 11, 2017 Page 3 NOW THEREFORE, BE IT RESOLVED BY THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS, that a special assessment in the amount of $19,500 (plus $10,000 for maintenance as certified Tuesday, January 19, 2016 and plus $10,000 for maintenance certified Tuesday, January 24, 2017), for the purpose of repaying the outstanding inter-fund loans and to build a maintenance fund, be levied against the benefited properties of County Drainage System No. 5/36/68, as listed in the most current auditor’s tabular worksheet, a copy of which is on file in the County Auditor’s office, is hereby accepted and shall constitute a lien against the lands named therein, and each tract of land therein included is hereby found to be benefited by the previously authorized and approved expenditures in the amount of the assessment levied against it. BE IT FURTHER RESOLVED, that such assessments shall be payable in annual installments extending over a period of 5 years. To the first installment shall be added interest, at a rate of 4%, on the entire assessment from January 1, 2017 until December 31, 2018. BE IT ADDITIONALLY RESOLVED, that the owners of any of the benefited properties so assessed may, on or before Wednesday, January 31, 2018, pay the entire assessment on such property to the County Auditor-Treasurer’s office without additional interest. Adopted this 11th day of July, 2017 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: _______________________ By: __________________________________ Attest: _______________________ Doug Huebsch, Chair John Dinsmore, Clerk RESOLUTION ADOPTING ASSESSMENT ORDER FOR COUNTY DRAINAGE SYSTEM NO. 30 Otter Tail County Resolution No. 2017 - 49 Upon a motion made by Rogness, seconded by Froemming and unanimously carried, the following resolution was adopted: WHEREAS, the County Board of Otter Tail County, acting as the County Drainage Authority, has authorized and approved expenditures directly related to the benefited properties of County Drainage System No. 30, and WHEREAS, there were insufficient funds available in the account for Otter Tail County Drainage System No. 30 to finance the authorized and approved expenditures, and WHEREAS, inter-fund loans have been made to finance the authorized and approved expenditures relating to County Drainage System No. 30 from the County’s General Revenue Fund to the County Drainage System No. 30 account. NOW THEREFORE, BE IT RESOLVED BY THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS, that a special assessment in the amount of $15,500 (plus $10,000 for maintenance as certified Tuesday, January 24, 2017), for the purpose of repaying the outstanding inter-fund loans and to build a maintenance fund, be levied against the benefited properties of County Drainage System No. 30, as listed in the most current auditor’s tabular worksheet, a copy of which is on file in the County Auditor’s office, is hereby accepted and shall constitute a lien against the lands named therein, and each tract of land therein included is hereby found to be benefited by the previously authorized and approved expenditures in the amount of the assessment levied against it. OTC Board of Commissioners’ Minutes July 11, 2017 Page 4 BE IT FURTHER RESOLVED, that such assessments shall be payable in annual installments extending over a period of 3 years. To the first installment shall be added interest, at a rate of 4%, on the entire assessment from January 1, 2017 until December 31, 2018. BE IT ADDITIONALLY RESOLVED, that the owners of any of the benefited properties so assessed may, on or before Wednesday, January 31, 2017, pay the entire assessment on such property to the County Auditor-Treasurer’s office without additional interest. Adopted this 11th day of July, 2017 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: _______________________ By: __________________________________ Attest: _______________________ Doug Huebsch, Chair John Dinsmore, Clerk RESOLUTION ADOPTING ASSESSMENT ORDER FOR COUNTY DRAINAGE SYSTEM NO. 58 Otter Tail County Resolution No. 2017 - 50 Upon a motion made by Rogness, seconded by Froemming and unanimously carried, the following resolution was adopted: WHEREAS, the County Board of Otter Tail County, acting as the County Drainage Authority, has authorized and approved expenditures directly related to the benefited properties of County Drainage System No. 58, and WHEREAS, there were insufficient funds available in the account for Otter Tail County Drainage System No. 58 to finance the authorized and approved expenditures, and WHEREAS, inter-fund loans have been made to finance the authorized and approved expenditures relating to County Drainage System No. 58 from the County’s General Revenue Fund to the County Drainage System No. 58 account. NOW THEREFORE, BE IT RESOLVED BY THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS, that a special assessment in the amount of $17,500 (plus $10,000 for maintenance as certified Tuesday, January 24, 2017), for the purpose of repaying the outstanding inter-fund loans and to build a maintenance fund, be levied against the benefited properties of County Drainage System No. 58, as listed in the most current auditor’s tabular worksheet, a copy of which is on file in the County Auditor’s office, is hereby accepted and shall constitute a lien against the lands named therein, and each tract of land therein included is hereby found to be benefited by the previously authorized and approved expenditures in the amount of the assessment levied against it. BE IT FURTHER RESOLVED, that such assessments shall be payable in an annual installments extending over a period of 3 years. To the first installment shall be added interest, at a rate of 4%, on the entire assessment from January 1, 2017 until December 31, 2018. BE IT ADDITIONALLY RESOLVED, that the owners of any of the benefited properties so assessed may, on or before Wednesday, January 31, 2017, pay the entire assessment on such property to the County Auditor-Treasurer’s office without additional interest. OTC Board of Commissioners’ Minutes July 11, 2017 Page 5 Adopted this 11th day of July, 2017 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: _______________________ By: __________________________________ Attest: _______________________ Doug Huebsch, Chair John Dinsmore, Clerk Recess & Reconvene At 9:55 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board meeting was reconvened at 10:01 a.m. Highway Project Bid Awards S.A.P. 056-672-005 & Etc: Motion by Johnson, second by Froemming and unanimously carried to award the CSAH 72 grading and resurfacing project to Mark Sand & Gravel Co. of Fergus Falls, MN, as the low bidder at the bid price of $1,647,546.11. Seasonal Salt Supply: Motion by Rogness, second by Lindquist and unanimously carried to award the Highway Seasonal Salt Supply to L & O Acres Transport, Inc. of Westport, SD, as the low bidder at the bid price of $75.50/Ton. SUPPORT FOR PHELPS MILL DAM – FISH PASSAGE Otter Tail County Resolution No. 2017 - 51 Upon a motion by Rogness, second by Johnson and unanimously carried, the following resolution was adopted: WHEREAS: the County of Otter Tail is the owner of the Phelps Mill Dam located on the Otter Tail River in Phelps Mill County Park, and WHEREAS: the County of Otter Tail desires to preserve the Phelps Mill Building on the Otter Tail River and the Bridge over the Otter Tail River, both of which are on the National Register of Historic Places and adjacent to the Phelps Mill Dam, and WHEREAS: Phelps Mill Building is in need of foundation repairs, and WHEREAS: the County of Otter Tail desires to not change the water level of the Otter Tail River, above or below the proposed fish passage, or on Leon Lake, and WHEREAS: the Minnesota Department of Natural Resources has proposed a project to restore fish passage on the Otter Tail River at Phelps Mill Dam, and WHEREAS: the Minnesota Department of Natural Resources and the United States Fish and Wildlife Service have secured funding for a fish passage project on the Otter Tail River at Phelps Mill Dam, and WHEREAS: the Minnesota Department of Natural Resources and Otter Tail Historical Society will provide guidance and assist with seeking funding for the Phelps Mill Building foundation repair work, and OTC Board of Commissioners’ Minutes July 11, 2017 Page 6 WHEREAS: the Minnesota Department of Natural Resources has provided assurance that the proposed fish passage project will not change the water level of the Otter Tail River, above or below the proposed fish passage, or on Leon Lake. NOW THEREFORE BE IT RESOLVED THAT: the Otter Tail County Board of Commissioners supports a fish passage project on the Otter Tail River at Phelps Mill Dam, the scope of which is to be determined. Adopted at Fergus Falls, Minnesota, this 11th day of July 2017 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: _______________________ By: __________________________________ Attest: _______________________ Doug Huebsch, Chair John Dinsmore, Clerk PERHAM TO PELICAN RAPIDS REGIONAL TRAIL PROJECT Otter Tail County Resolution No. 2017 - 52 Upon a motion by Johnson, second by Rogness and unanimously carried, the following resolution was adopted: 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 that Richard West or his designee 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 stated 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 July 11, 2017 Page 7 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. Adopted at Fergus Falls, Minnesota, this 11th day of July 2017 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: _______________________ By: __________________________________ Attest: _______________________ Doug Huebsch, Chair John Dinsmore, Clerk Continued Redetermination Hearing for Drainage System #8 The continued Public Hearing, from June 12, 2017, for the Redetermination of Benefits for Ditch #8 was opened at 10:15 a.m. Ditch Inspector Kevin Fellbaum reported that the initial benefit of Ditch #8 was $739,119.04. After the Ditch Viewers reviewed several parcels as requested, the total benefit for Ditch #8 was reported as $733,881.20. Mr. Fellbaum requested a continuance of the Public Hearing as Property Owner Steve Kohler is considering an impoundment. Motion by Rogness, second by Lindquist and unanimously carried to continue the Redetermination of Benefits Public Hearing to Tuesday, August 22, 2017, at the Operations Center building in Ottertail City. Discussion took place regarding maintenance assessments for the County’s drainage systems. Recess & Reconvene At 10:44 a.m., Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners recessed for committee meetings and lunch break. The Board meeting was reconvened at 1:00 p.m. Proposed Shooting Star Casino/Resort Development Chairman Huebsch opened discussion regarding the Determination of the Need for an Environmental Impact Statement (EIS) for the proposed Shooting Star Casino/Resort Development. The Shooting Star Casino/Resort Environmental Assessment Worksheet (EAW) was previously published in the Environmental Quality Board (EQB) Monitor. A 30-day comment period followed which closed June 21, 2017. A large amount of comments both written and verbal were provided by the public. Houston Engineer Larry Kramka reported that the proposer (White Earth Nation) has requested a 30-day extension under Minnesota Rule Section 4410.1700, Subpart 2a to provide additional time to respond to substantive comments. He noted that his office needs additional time to provide substantive responses to the large number of comments and to prepare Findings of Fact. Mr. Kramka stated that there are two areas of the proposed project within the environmental quality rules that potentially trigger a mandatory EIS. Those categories are the square footage of the commercial development and the number or resort units. If these categories trigger a mandatory EIS, the County must make sure that the scoping information to order an EIS is substantive and complete. After gathering information, a decision needs to be made whether or not the project has significant potential for environmental affect. A motion was offered by Johnson, seconded by Rogness and unanimously carried to grant an extension until 1:00 p.m. on Tuesday, August 22, 2017, during the County Board’s regularly scheduled meeting held at the Government Services Center in Fergus Falls, MN. The extension is granted as a reasonable timeframe for the proposer and Houston Engineering to gather additional substantive responses/information. The proposer indicated agreement with the postponement of the Board’s decision on the Need for an EIS. OTC Board of Commissioners’ Minutes July 11, 2017 Page 8 County Attorney David Hauser submitted Star Lake Casino proposed Findings from Robert L. Russell, Attorney for the Star Lake Concerned Citizens Group (SLCCG). This document is not accepted as comments on the EAW as the comment period has closed; rather, it is accepted as an informational document. Mr. Kramka and Commissioners discussed some significant items of concern identified by the public as follows: • Waste water treatment system • Storm water • Water supply • Wild rice • Visual impact of the size of the structure • Financial impact/sustainability • General compatibility to the area • Traffic and traffic safety • Mitigation of wetland to another area • Aquatic Invasive Species (AIS) • Future development • Public opinion Houston Engineering will be working on the information that needs to be gathered, making connections to specific areas of the EAW in response to questions, and the public opinion factors as the Findings of Fact are developed for the August 22, 2017, meeting. Adjournment At 2:17 p.m., Chairman Huebsch declared the meeting of the Otter Tail County Board of Commissioners adjourned until 8:30 a.m. on Tuesday, July 25, 2017. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Doug Huebsch, Chair John Dinsmore, Clerk CB/kd OTC Board of Commissioners’ Minutes July 11, 2017 Exhibit A, Page 1 WARRANTS APPROVED ON 7/11/2017 OTC Board of Commissioners’ Minutes July 11, 2017 Exhibit A, Page 2 OTC Board of Commissioners’ Minutes July 11, 2017 Exhibit A, Page 3 OTC Board of Commissioners’ Minutes July 11, 2017 Exhibit A, Page 4