Loading...
HomeMy WebLinkAboutBoard of Commissioners - Approved Minutes - 07/26/2022Board of Commissioners' Meeting Minutes July 26, 2022 OTTER TAIL COUNTY-MINNESOTA BOARD OF COMMISSIO NERS' MINUTES Government Services Center, Commissioners' Room & Via Livestream 515 West Fir Avenue, Fergus Falls, MN July 26, 2022 I 8:30 a.m. CALL TO ORDER The Otter Tail County Board of Commissioners convened at 8:31 a.m. Tuesday, July 26, 2022, at the Government Services Center in Fergus Falls, MN. Commissioners Betty Murphy, Chair; Wayne Johnson, Vice Chair; Kurt Mortenson, Dan Bucholz and Lee Rogness were present. APPROVAL OF AGENDA Chair Murphy called for approval of the Board Agenda. Motion by Mortenson, second by Bucholz and unanimously carried to approve the Board of Commissioners' agenda of July 26, 2022, with the following additions and corrections: Clerical Correction to the July 12, 2022 Minutes General Discussion additions of MCIT Training & AMC Conference APPROVAL OF CONSENT AGENDA Motion by Johnson, second by Rogness and unanimously carried to approve the consent agenda items as follows: 1. July 12, 2022, Board of Commissioners' Meeting Minutes as corrected 2. Warrants/Bills for July 26, 2022 (Exhibit A) 3. Human Services and Public Health Warrants/Bills for July 26, 2022 (Exhibit A) 4. Approval of the issuance of a tobacco license to Ronald Smith dba as Hillbillies One Stop LLC for the period of July 26, 2022 through December 31, 2022. 5. Modification No.1 to Redevelopment District 8-1 (City of Battle Lake) 6. City of New York Mills 2021 TIF Reports MINNESOTA OPIOID SETTLEMENT County Administrator Nicole Hansen joined by Public Health Director Jody Lien and Deputy County Administrator Lynne Penke Valdes shared a presentation on Minnesota's Opioid Settlement Funds. Minnesota's share of the settlement is more than $300 million with all 87 counties eligible to receive funds. AMC worked on behalf of Minnesota counties to ensure that the funds would come directly to the County to work directly with our local providers, schools, public health and prevention. The state will retain 25% of the abatement funds to be distributed by the Opioid Epidemic Response Advisory Clinic, while the remaining 75% will be paid directly to local governments. Otter Tail County will receive $1,850,736.57 over 18 years with the first disbursement in the summer of 2022. These funds cannot be coming led with any other money or funds of the county. A separate special revenue fund will be created to ensure the funds remain separate from other Page 1 of 22 Board of Commissioners' Meeting Minutes July 26, 2022 programs. Otter Tail County wants to be intentionally collaborative about using these funds both internally and externally, working with the Health and Wellness and the Public Safety teams, as well as with external partners, local healthcare providers, behavioral health providers, schools, treatment facilities, and community members. Statewide 2021 preliminary data shows an increase of about 35% in overall opioid overdose deaths in Minnesota, so it is important to be strategic in how Otter Tail County uses these funds. Next steps will include outreach across the county to plan effective ways to use the funds and develop a strategic long-range plan. FIRST LUTHERAN CHURCH PARKING SPACE AGREEMENT Motion by Rogness, second by Mortenson and unanimously carried to authorize the appropriate County Officials' signatures to approve the agreement between Otter Tail County and First Lutheran Church to lease parking space for vehicles of employees, visitors and persons having business at the Otter Tail County Courthouse. The lease is for a period of three (3) years with an annual rent of $5,040.00 per year, in equal quarterly installments of $1,260.00, which equates to $21/space per month for twenty (20) spaces. PLANNING COMMISSION RECOMMENDATIONS A Conditional Use Permit Application was received from property owners Loren and Barbara Hawes requesting a permit change from agricultural to commercial use. The property is proposed to be used for a Landscape Construction business for storage of landscape materials and equipment. The permit application request was tabled to the August 10, 2022 meeting to allow the applicant to review criteria and provide a more detailed plan, which needs to be received at the Land & Resource Management Office by July 26, 2022. The proposal is located North of 44033 Hawes Beach Rd., Section 2, Otter Tail Township; Buchanan Lake (56- 209), GD. Motion by Johnson, second by Mortenson and unanimously carried to approve a Preliminary Plat of "Long View Storage Condos CIC #98", owned by Jard & Hem LLC and Eretz Shalom LLC, consisting of twenty (20) Units located at 37755 470th St., Section 26, Hobart Township; Long Lake (56-388), RD. This plat is not in the shoreline district. Motion by Rogness, second by Mortenson to withdraw the Conditional Use Permit Application for Stone Creek Barn, LLC owned by Cory & Teresa Budke. The owners proposed to create a Commercial PUD that would allow for construction of an event venue focusing on weddings consisting of six (6) cabins, twenty (20) camper sites, and a parking lot, water feature and associated roads and sidewalks to be used by the event guests. The property is located at 18601 County Highway 33, Section 8 of Dane Prairie Township; Indian Lake (56- 639), NE. SUBSURFACE SEWAGE TREATMENT SYSTEM (SSTS) COMPLIANCE INSPECTION POLICY OTTER TAIL COUNTY RESOLUTION NO. 2022-75 WHEREAS, Otter Tail County sanitation code is and has been based on MN Rules, Chapter 7080-7083, which took effect on February 4, 2008. WHEREAS, MN Chapter 7082.0500 requires An infield verification of the periodically saturated soil or bedrock at the proposed soil treatment and dispersal sites must be conducted by a qualified employee with jurisdiction or licensed inspection business who is authorized by the local unit of government. Page 2 of 22 Board of Commissioners' Meeting Minutes July 26, 2022 WHEREAS, Otter Tail County has required soil observation logs in order to permit the installation of a subsurface sewage treatment system since February 4, 2008. WHEREAS, Otter Tail County has required County staff to verify soils prior to issuing a permit for a septic system installation since February 4, 2008. NOW, THEREFORE, BE IT RESOLVED, if the county issued a permit after February 4, 2008, the county shall consider the soil separation to be verified in accordance with MN Rules, 7082.0700, Subp. 4 (8)(2), as long as the following conditions are met: 1. The permit application submitted to the county has at least one soil observation log as a part of the permit application. 2. The entire system was installed after February 4, 2008. 3. The entire system was permitted and inspected by Otter Tail County Land & Resources Management after February 4, 2008. 4. The system at the time of inspection was found to be in compliance with the sanitation code of Otter Tail County. 5. No other part of the system fails an inspection. 6. The licensed compliance inspector shall consult with the L&R office before conducting the inspection to look at the historical permit record and determine if soil verification will be necessary at the time of the inspection. 7. If Land & Resource makes the decision that MN Rule 7082.0700, Supb. 4 (B)(2) has been met and soil separation does not need to be determined, and the licensed inspection business decides to conduct soil observations to determine soil separation, the licensed inspection business must contact Land & Resource and schedule a time for a qualified employee with the County to conduct the soil observation jointly. The motion for the adoption of the foregoing resolution was introduced by Commissioner Rogness, duly seconded by Commissioner Bucholz and, after discussion thereof and upon vote being taken thereon, passed with Johnson abstaining. Adopted at Fergus Falls, MN this 26th day of July 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS issioners Chair Dated: August 9, 2022 Attests I. /i I )l,_ I ~ Nicole Hansen, Clerk OUT-OF-STATE TRAVEL Motion by Rogness, second by Mortenson and unanimously carried to approve the Land and Resource Management Director and one staff member to travel out of state to attend the 2022 National Association of Wastewater Technicians Conference in Springfield, Missouri to be held October 30 -November 2, 2022. RECESS & RECONVENE At 9:13 a.m., Chair Murphy declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 9:20 a.m. Page 3 of22 Board of Commissioners' Meeting Minutes July 26, 2022 SENTENCE TO SERVE PROGRAM County Sheriff Barry Fitzgibbons and Corrections Sergeant Preston Berg gave an update on the Otter Tail County Sentence to Serve (STS) Program. The goal of STS is to allow sentenced individuals the privilege of doing community service projects to apply to court system fines while building job satisfaction. The Sheriffs Office detennines eligibility and those eligible participate in work projects for non-profit and governmental organizations. Each hour worked is $10 applied to a fine. The program was shut down from March of 2020 to July of 2021 and since then numbers of participants have been significantly lower. The number of individuals, as well as duration in the program, varies depending on sentence time. Year to date, the STS program has had 14 people participate in 2022 with 8 in 2021. WEST CENTRAL INITIATIVE UPDATES Rebecca Lynn Peterson and Jill Amundson from West Central Initiative (WCI) introduced staff and provided a brief update to the Board regarding WCI efforts, organizational impacts to the region and future planning. Peterson highlighted the impact the work as a regional development organization has had since 1995: > $8.23 Million Federal Grant Dollars Awarded to Local Communities > $1.86 Million Federal Planning Grant Dollars Received and Matched by WCI ) $1.12 Million Dollars Distributed through the Legacy Revolving Loan Fund ) $1.34 Million Dollars Distributed from Cares Act Revolving Loan Fund ) $3 Million Dollars Available through the EDA Revolving Loan Fund Because WCI is a regional development organization and not a commission, they cannot levy funds. WCI discussed the importance of continued governmental support and will look at graduating funding in the Mure to help align Otter Tail County with other regional development organizations. RESOLUTION SUPPORTING EAST OTTER TAIL TELEPHONE CO. DBA ARVIG BORDER-TO-BORDER BROADBAND DEVELOPMENT GRANT PROGRAM APPLICATION OTTER TAIL COUNTY RESOLUTION NO. 2022-76 WHEREAS, the Otter Tail County Board of Commissioners is aware of the Minnesota Department of Employment and Economic Development Border-to-Border Broadband Development Grant Program for the expansion of broadband service to areas of Minnesota that are unserved or underserved, and WHEREAS, the Otter Tail County Board of Commissioners agrees that broadband is an essential part of community infrastructure, and WHEREAS, the Otter Tail County Board of Commissioners believes broadband is an expectation of residents and business and is directly connected to opportunities for enhancing the economic prosperity in the County, and WHEREAS, Otter Tail County has many seasonal and part-time residents who would pennanently reside in Otter Tail County if they had access to high-speed internet capable of facilitating telework, and WHEREAS, the Otter Tail County Board of Commissioners recognizes that the financing of broadband infrastructure is challenging and recognizes that grants such as the Border-to-Border Broadband Development Grant may encourage providers to invest in building infrastructure into unserved and underserved areas, and Page 4 of 22 Board of Commissioners' Meeting Minutes July 26, 2022 WHEREAS, much of Otter Tail County has been designated "unserved" or "underserved" by MN DEED for the purposes of this grant and therefore eligible for grant support. NOW THEREFORE BE IT RESOLVED THAT, the Otter Tail County Board of Commissioners hereby encourages and supports Arvig Communications in applying for the Border-to-Border Broadband Development Grant Program and instructs staff to write letters of support if/when requested by the service provider. BE IT FURTHER RESOLVED THAT, the Otter Tail County Board of Commissioners has developed a broadband grant fund and will support a successful 2022 Border-to-Border grant application by East Otter Tail Telephone Co. dba Arvig with a project match not to exceed $998,177 or 35% of the total estimated project costs with dollars provided through American Rescue Plan Act Local Fiscal Recovery Funds that have been made available to Otter Tail County as well as to local participating townships and cities within the proposed East Otter Tail project area that have dedicated funds to the project, so long as the project is within Otter Tail County and construction includes fiber to the door. The motion for the adoption of the foregoing resolution was introduced by Commissioner Mortenson, duly seconded by Commissioner Johnson and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 26th day of July, 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: August 9, 2022 Attest:\_S!d l ! {J../WVJ < Nicole Hansen, Clerk RESOLUTION SUPPORTING OTTER TAIL TELCOM, LLC BORDER-TO-BORDER BROADBAND DEVELOPMENT GRANT PROGRAM NORTH FERGUS FALLS APPLICATION OTTER TAIL COUNTY RESOLUTION NO. 2022-77 WHEREAS, the Otter Tail County Board of Commissioners is aware of the Minnesota Department of Employment and Economic Development Border-to-Border Broadband Development Grant Program for the expansion of broadband service to areas of Minnesota that are unserved or underserved, and WHEREAS, the Otter Tail County Board of Commissioners agrees that broadband is an essential part of community infrastructure, and WHEREAS, the Otter Tail County Board of Commissioners believes broadband is an expectation of residents and business and is directly connected to opportunities for enhancing the economic prosperity in the County, and WHEREAS, Otter Tail County has many seasonal and part-time residents who would permanently reside in Otter Tail County if they had access to high-speed internet capable of facilitating telework, and Page 5 of 22 Board of Commissioners' Meeting Minutes July 26, 2022 WHEREAS, the Otter Tail County Board of Commissioners recognizes that the financing of broadband infrastructure is challenging and recognizes that grants such as the Border-to-Border Broadband Development Grant may encourage providers to invest in building infrastructure into unserved and underserved areas, and WHEREAS, much of Otter Tail County has been designated "unserved" or "underserved" by MN DEED for the purposes of this grant and therefore eligible for grant support, and NOW THEREFORE BE IT RESOLVED THAT, the Otter Tail County Board of Commissioners hereby encourages and supports Otter Tail Telcom, LLC in applying for the Border-to-Border Broadband Development Grant Program and instructs staff to write a letter of support if/when requested by the service provider. BE IT FURTHER RESOLVED THAT, the Otter Tail County Board of Commissioners has developed a broadband grant fund and will support a successful 2022 Border-to-Border grant application by Otter Tail Telcom, LLC with a project match not to exceed $2,000,000 or 23.66% of the total estimated project costs with dollars provided through American Rescue Plan Act Local Fiscal Recovery Funds that have been made available to Otter Tail County as well as local participating townships within the proposed North Fergus Falls project area that have dedicated funds to the project, so long as the project is within Otter Tail County and construction includes fiber to the door. The motion for the adoption of the foregoing resolution was introduced by Commissioner Mortenson, duly seconded by Commissioner Johnson and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 26th day of July, 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS By:_J...P!,.~-l---=--__µ=J:4-=---s-------- Be Dated: August 9, 2022 Attest: J, /. (' d '-< /)(;vvµ__ Nicole Hansen, Clerk RESOLUTION SUPPORTING OTTER TAIL TELCOM, LLC BORDER-TO-BORDER BROADBAND DEVELOPMENT GRANT PROGRAM SOUTH BATTLE LAKE APPLICATION OTTER TAIL COUNTY RESOLUTION NO. 2022-78 WHEREAS, the Otter Tail County Board of Commissioners is aware of the Minnesota Department of Employment and Economic Development Border-to-Border Broadband Development Grant Program for the expansion of broadband service to areas of Minnesota that are unserved or underserved, and WHEREAS, the Otter Tail County Board of Commissioners agrees that broadband is an essential part of community infrastructure, and WHEREAS, the Otter Tail County Board of Commissioners believes broadband is an expectation of residents and business and is directly connected to opportunities for enhancing the economic prosperity in the County, and Page 6 of22 Board of Commissioners' Meeting Minutes July 26, 2022 WHEREAS, Otter Tail County has many seasonal and part-time residents who would permanently reside in Otter Tail County if they had access to high-speed internet capable of facilitating telework, and WHEREAS, the Otter Tail County Board of Commissioners recognizes that the financing of broadband infrastructure is challenging and recognizes that grants such as the Border-to-Border Broadband Development Grant may encourage providers to invest in building infrastructure into unserved and underserved areas, and WHEREAS, much of Otter Tail County has been designated "unserved" or "underserved" by MN DEED for the purposes of this grant and therefore eligible for grant support, and NOW THEREFORE BE IT RESOLVED THAT, the Otter Tail County Board of Commissioners hereby encourages and supports Otter Tail Telcom, LLC in applying for the Border-to-Border Broadband Development Grant Program and instructs staff to write a letter of support if/when requested by the service provider. BE IT FURTHER RESOLVED THAT, the Otter Tail County Board of Commissioners has developed a broadband grant fund and will support a successful 2022 Border-to-Border grant application by Otter Tail Telcom, LLC with a project match of $75,000 towards the total estimated project costs within the proposed South Battle Lake project area, so long as the project is within Otter Tail County and construction includes fiber to the door. The motion for the adoption of the foregoing resolution was introduced by Commissioner Mortenson, duly seconded by Commissioner Johnson and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 26th day of July, 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS By:_-'-+-"=+--'---H-=-P4----+--------- B Dated: August 9, 2022 Attest; j: t' (;.d,_,1--!u.r,,aL.. Nicole Hansen, Clerk RESOLUTION AUTHORIZING A TAX ABATEMENT FOR A MULTI-FAMILY HOUSING DEVELOPMENT WITHIN OTTER TAIL COUNTY OTTER TAIL COUNTY RESOLUTION NO. 2022-79 WHEREAS, the Board of Commissioners, Otter Tail County, Minnesota (the "County") has been requested by W. Gohman Construction (the "Company") to abate property taxes, pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815 (the "Abatement Law"), in order to assist in the financing of site improvement expenses associated with a multi-family rental housing development (the "Project") located on land identified in Exhibit A; and WHEREAS, it is proposed that the County will enter into a Tax Abatement Agreement (the "Agreement"), which provides for the use of tax abatements to assist in the financing of the Project in part; and Page 7 of 22 Board of Commissioners' Meeting Minutes July 26, 2022 WHEREAS, the County has held a public hearing on July 12, 2022, on the proposed abatement, in accordance with the Abatement Law, to assist Company with the costs of site improvements associated with the Project; and WHEREAS, the Agreement calls for the County to abate a portion of the County's share of increased property taxes resulting from the Project on the land described in Exhibit A for a period of up to 15 years commencing with taxes payable 2024. Reimbursement shall be at 95% of the increased share of County property taxes. WHEREAS, the County finds that the proposed abatement is in the best interest of the County and its businesses and residents. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners, Otter Tail County, Minnesota, as follows: 1. Abatement. The County hereby authorizes the abatement of the increased share of County property taxes generated by the land described in Exhibit A in an amount not to exceed $374,000 over 15 years. The attached Tax Abatement Plan is hereby adopted and incorporated as part of this Resolution, with the abatement projected to start in 2024 and conclude in 2038. 2. Purpose. The abatements will be used to reimburse the Company on a pay-as-you-go basis for site improvement costs associated with a rental multi-family project. 3. Public Benefit. The County finds the benefits of the abatement to at least equal the costs and that the proposed abatements will benefit the public by: a) increasing the City's tax base 4. Limitations. In any year, the total amount of property taxes abated by the County by this and other resolutions and agreements, does not exceed the greater of ten percent (10%) of the net tax capacity of the County for the taxes payable year to which the abatement applies or $200,000, whichever is greater. The County may grant other abatements permitted under the Abatement Law after the date of this resolution, provided that to the extent the total abatements in any year exceed the Abatement Limit the allocation of the Abatement limit to such other abatements is subordinate to the Abatement granted by this resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED, the County hereby approves the Tax Abatement Agreement in substantially the form submitted, and the Board Chair and Clerk are hereby authorized and directed to execute the Agreement on behalf of the County. The motion for the adoption of the foregoing resolution was introduced by Commissioner Rogness, duly seconded by Commissioner Bucholz and, after discussion thereof and upon vote being taken thereon, passed unanimously. Page 8 of 22 Board of Commissioners' Meeting Minutes July 26, 2022 Adopted at Fergus Falls, MN this 26th day of July, 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: August 9, 2022 By:_~-"""-4------.l~"""-"--1---------Attest:_M~,~· trJ~~~t/~Cvw:::--~--- Bett Nicole Hansen, Clerk PUBLIC HEARING REGARDING THE HOUSING AND REDEVELOPMENT AUTHORITY At 10:00 a.m. Chair Murphy opened the Public Hearing regarding the Housing and Redevelopment Authority (HRA). Otter Tail County HRA Executive Director, Barbara Dacy provided a brief overview and noted the purpose of the public hearing is to take comment on the proposal, which includes the following: To dissolve the Otter Tail County Housing and Redevelopment Authority (HRA); To transfer all the HRA's assets, and assign all of its obligations, to the Otter Tail County Community Development Agency (CDA); and To request that the County grant the CDA full powers of a housing and redevelopment authority, under Minnesota Statutes, Sections 469.001 through 469.047, in addition to its already existing powers of an economic development authority, under Minnesota Statutes, Sections 469. 090 through 469.1082, all prior to January 1, 2023. Dacy emphasized the importance of creating administrative efficiencies and supporting a cohesive policy and programming organizational structure for housing and economic development initiatives. Commissioners stated their support for the collaboration of organizations to expand and continue to serve Otter Tail County. A draft ordinance was submitted and will be considered by the Board at its August 9, 2022 meeting. At 10:04 a.m. Chair Murphy closed the Public Hearing for comments from the public and no comments were received. MCIT SEMINAR Otter Tail County Commissioners are encouraged to attend Minnesota Counties Intergovernmental Trust (MCIT) training on September 14, 2022 from 9:00 a.m. to 3:00 p.m. at the Holiday Inn in St. Cloud, MN. The "Navigating Key Land Use Issues" seminar is focusing on strengthening attendees' knowledge of the requirements they must consider when making land use decisions for local government entities and exploring the current land use concerns in Minnesota. AMC FALL POLICY CONFERENCE Otter Tail County Commissioners are encouraged to attend the Association of Minnesota Counties (AMC) Fall Policy Conference on September 14-16, 2022 at Arrowwood Resort in Alexandria, MN. The conference begins at 11:00 a.m. Wednesday, September 14, 2022 and ends at noon on Friday, September 16, 2022. RECESS & RECONVENE At 10:10 a.m., Chair Murphy declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 10:34 a.m. Page 9 of 22 Board of Commissioners' Meeting Minutes July 26, 2022 ABSENTEE BALLOT BOARD APPOINTMENT Motion by Johnson, second by Mortenson and unanimously carried to appoint Debbie Smith (Fergus Falls) to the Otter Tail County Absentee Ballot Board for the processing of absentee ballots issued and received under the provisions of Minnesota Statutes 2038.04 through 2038.15 and Minnesota Statutes 203B.16 through 203B.27 for the August 9, 2022 State Primary Election and for the November 8, 2022 State General Election. DISCUSSION ON THE PETITION FOR CANCELLATION OF CERTIFICATE OF FORFEITURE Prior to the meeting a decision was made to pull the Discussion on the Petition for Cancellation of Certificate of Forfeiture from the agenda to be rescheduled at a later date. REQUEST TO REPURCHASE TAX FORFEITED PROPERTY OTTER TAIL COUNTY RESOLUTION NO. 2022-80 Commissioner Rogness introduced the following resolution and moved its adoption: RESOLVED, by the Otter Tail County Board of Commissioners of Otter Tail County, Minnesota, that WHEREAS, Lyle Kangas, previous owner, has made application to repurchase the following legally described parcel: City of New York Mills Legal Description From Tax Rolls - 73-000-99-0182-000 Section 8 Township 135 Range 37 Blower's Second (2nd) Addition Lot 11 Block 2 Property Address - 209 Main Ave S, New York Mills, MN Said property having forfeited to the State of Minnesota on the 15th day of August 2019, for nonpayment of the 2009, 2010, 2011, 2012, part of 2013, part of the 2018 and 2019 property taxes, and WHEREAS, an application to repurchase the above-described property was submitted on July, 20, 2022, and WHEREAS, the sum of $13,149.27 represents the aggregate of all delinquent and current taxes, penalties, costs, assessments, and fees as of July 31, 2022, that would have been due and payable had the above- described parcel not forfeited to the State of Minnesota, WHEREAS, the applicant has submitted $13,149.27 to cover all delinquent and current taxes, penalties, costs, assessments, and fees as of July 31, 2022, as well as the fees required to repurchase the property in the amount of $279.07. and WHEREAS, the applicant has requested that the Otter Tail County Board of Commissioners consider his application to repurchase the above-described parcel and has requested that the Otter Tail County Board of Commissioners approve the applicant's request to repurchase the above-described property. Page 10 of 22 ~ 2JJvE~,!~~ Board of Commissioners' Meeting Minutes July 26, 2022 NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby approves the repurchase of the above-described tax forfeited property, and BE IT FURTHER RESOLVED, that the Otter Tail County Board of Commissioners hereby finds that the repurchase is in the best public interest, and that it will relieve any undue hardship which has result from the forfeiture. Commissioner Bucholz seconded the motion, and upon being put to vote, was unanimously carried. Adopted this 26th day of July 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: August 9, 2022 Attest: _l ,-ld,..,/.1 Cl.ritJL, Nicole Hansen, Clerk CANVASSING BOARD APPOINTMENTS FOR STATE PRIMARY ELECTION By general consent, Commissioners Rogness and Mortenson, with Commissioner Murphy as alternate, will serve on the Canvassing Board for State Primary Election. The Canvassing Board will meet on Friday, August 12, 2022 at 10:00 a.m. at the Government Services Center (GSC). RECESS & RECONVENE At 10:43 a.m., Chair Murphy declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 11 :05 a.m. APPROVAL OF CSAH 35 RIGHT OF WAY ACQUISITION RESOLUTION, S.A.P. 056-635-038 OTTER TAIL COUNTY RESOLUTION NO. 2022-81 Upon a motion by Mortenson, seconded by Johnson and unanimously carried, the Otter Tail County Board of Commissioners adopts the following resolution: WHEREAS, Otter Tail County proposes to reconstruct and improve County State Aid Highway No. 35 from N. East Street in Underwood, MN to 250 feet north of CSAH 18, and located in: Sections 17, 20, 28, 29, & 32, of T133N, R41W WHEREAS, the reason for the construction of this segment of County State Aid Highway No. 35 is due to the existing highway's poor condition; and WHEREAS, this improvement is necessary to provide for the safety of the traveling public; and WHEREAS, Otter Tail County has a right to acquire the right of way after an award of damages has been filed with the County Auditor in accordance with Minnesota Statute, Section 163.02 and 163.12; and Page 11 of 22 Board of Commissioners' Meeting Minutes July 26, 2022 WHEREAS, all necessary additional highway rights of way and/or temporary construction easements have been acquired for this construction except for 4 tracts: A) Parcel 2 Tract owned by: Vernon D. Johansen Revocable Living Trust Dated the 14th Day of November, 2001 as Amended and Restated And Any Amendments Thereto Tract being a strip of land described as follows: A temporary construction easement, which shall expire with the completion of the project contract, described as follows: That part of Section 32, Township 133 North, Range 41 West, shown adjacent to CSAH 35 on the plan view of the Plan and Profile Sheets of the Construction Plan for Project Number S.A.P. 056-635-038. The outer limits of C.E. Parcel 2 are established offsets from and at right angles to the slope limits. Containing 0.39 acre(s), more or less. This temporary construction easement shall commence with the award of the project and will expire with the completion of the project contract. B) Parcel 7 Tract owned by: Bryan N. Severson & Vicki Lynn Severson, joint tenants Tract being a strip of land described as follows: All that part of Section 32, Township 133 North, Range 41 West, all lying and being in Otter Tail County shown as Parcel 7 on the Otter Tail County Highway Right of Way Plat No. 33, County State Aid Highway No. 35, as the same is on file and of record in the Office of the County Recorder in and for Otter Tail County. Excepting therefrom right of way of existing highways. Containing 0.59 acre(s) more or less Subject to all previously recorded easements, if any. Also, a temporary construction easement, which shall expire with the completion of the project contract, described as follows: That part of Section 32, Township 133 North, Range 41 West, shown adjacent to the CSAH No. 35 right of way boundary on the plan view of the Plan and Profile sheets of the Construction Plan for S.A.P. 056-635-038. The outer limits of C.E. Parcel 7 are established offsets from and at right angles to the slope limits. Containing 0.53 acre(s), more or less. This temporary construction easement shall commence with the award of the project and will expire with the completion of the project contract. Page 12 of 22 C) Parcel 11 Tract owned by: Janice I. Johansen Tract being a strip of land described as follows: Board of Commissioners' Meeting Minutes July 26, 2022 All that part of Section 29, Township 133 North, Range 41 West, all lying and being in Otter Tail County shown as Parcel 11 on the Otter Tail County Highway Right of Way Plat No. 33, County State Aid Highway No. 35, as the same is on file and of record in the Office of the County Recorder in and for Otter Tail County. Excepting therefrom right of way of existing highways. Containing 1 .19 acre( s) more or less Subject to all previously recorded easements, if any. Also, a temporary construction easement, which shall expire with the completion of the project contract, described as follows: That part of Section 29, Township 133 North, Range 41 West, shown adjacent to the CSAH No. 35 right of way boundary on the plan view of the Plan and Profile sheets of the Construction Plan for S.A.P. 056-635-038. The outer limits of C.E. Parcel 11 are established offset from and at right angles to the slope lines. Containing 0.79 acre(s), more or less. This temporary construction easement shall commence with the award of the project and will expire with the completion of the project contract. D) Parcel 13 Tract owned by: John C & Justin Moe Tract being a strip of land described as follows: All that part of Section 28, Township 133 North, Range 41 West, all lying and being in Otter Tail County shown as Parcel 13 on the Otter Tail County Highway Right of Way Plat No. 33, County State Aid Highway No. 35, as the same is on file and of record in the Office of the County Recorder in and for Otter Tail County. Excepting therefrom right of way of existing highways. Containing 0.65 acre(s) more or less Subject to all previously recorded easements, if any. Also, a temporary construction easement, which shall expire with the completion of the project contract, described as follows: Page 13 of 22 Board of Commissioners' Meeting Minutes July 26, 2022 That part of Section 28, Township 133 North, Range 41 West, shown adjacent to the CSAH No. 35 right of way boundary on the plan view of the Plan and Profile sheets of the Construction Plan for S.A.P. 056-635-038. The outer limits of C.E. Parcel 13 are established offset from and at right angles to the slope lines. Containing 0.14 acre(s), more or less. This temporary construction easement shall commence with the award of the project and will expire with the completion of the project contract. Due to the reconstruction and realignment of County State Aid Highway No. 35 under Project No. S.A.P. 056- 635-038 said strips being all those described above, to be retained for CSAH No. 35 right-of-way recorded as Parcel Nos. 7, 11, & 13 as shown in Otter Tail County Highway Right of Way Plat No. 33, County State Aid Highway No. 35 NOW, THEREFORE, BE IT RESOLVED that the Otter Tail County Board of Commissioners hereby authorizes the acquisition of the requested right of way as described above pursuant to Minnesota Statute, Section 163.02 and 163.12, and to take title and possession of that land after an award of damages has been filed with the County Auditor in accordance with Minnesota Statute, Section 163.12; including the "Quick-Take" provisions provided for in Minnesota Statute 117.042. BE IT FURTHER RESOLVED that the Otter Tail County Attorney is authorized to file the necessary documents in court and represent the county in this matter. Adopted in Fergus Falls, MN this 26th day of July, 2022. OTTER TAIL COUNTY BOARD OF COMMISSIONERS By:jlffiA ~ BettyM;hy,our(y Board Chair Dated: August 9, 2022 Attest: J I. ~.J./~ Nicole Hansen, Clerk QUOTE SUMMARY RECOMMENDATION TO REJECT 2022 BRIDGE MAINTENANCE Motion by Rogness, second by Bucholz and unanimously carried to reject the sole quote of Industrial Builders, Inc. of Fargo ND for the 2022 Bridge Maintenance as recommended by the County Engineer. The project will be rebid over the winter for construction in 2023. MESSAGING TO STAFF REGARDING GSC POLLING LOCATION County Attorney Michelle Eldien discussed provisions regarding campaigning in or near polling locations. The Government Services Center (GSC) is a polling location. Eldien offered a reminder that under the Hatch Act, public employees cannot campaign inside the GSC or anywhere on the property. Campaign t-shirts, buttons, stickers, signs, or literature which relate to specific candidates or official political parties cannot be worn or displayed. There are reminder signs up at each entrance to the GSC. Page 14 of 22 Board of Commissioners' Meeting Minutes July 26, 2022 ADJOURNMENT At 11 :16 a.m., Chair Murphy declared the Otter Tail County Board of Commissioners meeting adjourned. The next regular Board meeting is scheduled at 8:30 a.m. on Tuesday, August 9, 2022, at the Government Services Center in Fergus Falls and via livestream. CLOSED SESSION At 11: 16 a.m., Chair Murphy declared the Board of Commissioners meeting closed to the public to discuss matters regarding Mark Sand and Gravel. The closed session is authorized under M.S. 13D.05, Subd. 3(b). Present in the room were Commissioners Betty Murphy, Wayne Johnson, Kurt Mortenson, Dan Bucholz, Lee Rogness, County Attorney Michelle Eldien, County Administrator Nicole Hansen, County Engineer Charles Grotte, and Attorney Kendra Olson with Pemberton Law Firm. The closed session was concluded at 11 :55 a.m. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Page 15 of 22 Dated: August 9, 2022 Attest:ji l. td,..,tf U/),1,<..., Nicole Hansen, Clerk Page 16 of 22 Vendor Name A&A RECYCLING LLC ALBANY RECYCLING CENTER AMAZON CAPITAL SERVICES INC AMERICAN LEGION POST 30 APBP APEX ENGINEERING GROUP INC ARAMARK ARAMARK ASSOCIATION OF MN COUNTIES ATTACHMENTS INTERNATIONAL INC AUTO VALUE FERGUS FALLS AVERY.ATTORNEY AT LAW/Jill BAKKEN/BENJAMIN BARKALOW APPRAISALS L 1D BARNESVILLE AMBULANCE BARTELS/EMMA BAUER BUILT INC BOT MECHANICAL LLC BECKLUND OIL INC BEN HOLZER UNLIMITED WATER Ll..C BETTY'S PANTRY BEYER BODY SHOP INC BHH PARTNERS BlAOOWffiNA BLUFFTON OIL CO BOYER/RODNEY BRANDNER/STEVE BRANDON COMMUNICATIONS INC BRAUN INTERTEC CORPORATION BREDESON/KIMBERLY BRIAN'S REPAIR INC BUREAU OF CRIMINAL APPREHENSION BUY-MOR PARTS & SERVICE Ll..C CARLBLOM/DENN(S CARR'S TREE SERVICE INC CERTIFIED AUTO REPAIR CHRISTENSEN CONSTRUCTION CITIZEN'S ADVOCATE CLEAN SWEEP COMMERCIAL SERVICES CODE 4 SERVICES INC CONCEPT CATERING COOPER'S OFFICE SUPPLY INC Board of Commissioners' Meeting Minutes July 12, 2022 (Exhibit A) Amount 1,340.00 4,523.07 8,338.27 200.00 400.00 16,596.70 59.08 485.55 245.00 5,368.00 85.98 1,065.14 28.62 1,611.71 1,250.00 422.18 427.33 2,912.34 3,839.54 14.00 353.48 1,000.00 5,90926 815.78 3,924.71 305.00 137.90 1,684.64 27,972.31 242.12 525.73 2,680.00 1,835.41 125.00 911.64 224.30 10,350.00 44.16 1,150.00 339.20 211.00 110.01 Page 17 of 22 Vendor Name CULLIGAN OF Df:TROIT LAKES CULLIGAN OF ELBOW LAKE CULLIGAN OF WADENA CUMMINS SALES & SERVICE CURVATURE LlC DACOTAH PAPER CO DAHL/COLT DAHUISABEL DAHL/SHEILA DEANS DISTRIBUTING DENZEL'S REGION WASTE INC DICK'S STANDARD DONOHO/MICHAEL DOUBLE A CATERING EAGLE CONSTRUCTION CO INC EHLERS & ASSOCIATES INC ELDRIDGEfTRACY ERGOMETRICS & APPLIED PERSONNEL f ERICKSON ENGINEERING CO LLC EXTREME MARINE LLC EZ OPEN GARAGE DOOR FARMERS CO-OP OIL FERGUS FALLS DAILY JOURNAL FERGUS FALLS/CITY OF FERGUS FALLS/CITY OF FERGUS HOME & HARDWARE INC FERGUS POWER PUMP INC FERGUS TIRE CENTER INC FIDl.AR TECHNOLOGIES INC FISCHER/JUDD FORMANEK/ROBERT FORTV'/ENGLER ELECTRIC INC FORUM COMMUNICATIONS COMPANY FRANZ REPROGRAPHlCS INC FRAZ!ERIBRENT G & R CONTROLS INC GAf../1,X'( ENTERPRISES LLC GALLS LLC GOVERNMENT FORMS & SUPPLIES GRAINGER INC GRANITE ELECTRONICS INC GREAT PLAINS NATURAL GAS CO Board of Commissioners' Meeting Minutes July 12, 2022 (Exhibit A) Amount 75.55 14.00 37.25 2,406.87 9,338.45 226.68 671.62 386.46 40.57 535.55 120.00 53.20 358.13 125.75 163,339.96 2,500.00 200.16 455.20 1,216.50 219.54 3,230.00 3,424.27 1,702.89 31.00 8,964.00 22.98 31,280.00 1,179.40 18,222.02 243.13 371.73 164.54 104.40 87.51 293.13 220.20 250.00 3,244.75 14,718.67 35.75 274.35 8,275.00 Page 18 of 22 Vendor Name GREAT PLAINS NATURAL GAS GO HANSON'S PLUMBING & HEATING INC HAUKOS SALES LLC HAWES SEPTIC TANK PUMPING LLC HENDRICKX/EDGAR HENKES/TUCKER HENNEPIN 00 SHERIFF HENNING AUTO PARTS Hill YARD -HUTCHINSON HOUGH INC HOUSTON ENGINEERING INC INTERNATIONAL ECONOMIC DEV COUNC JAEGER/NICOLE JAKE'S JOHNS LLC JAYCOX/LARRY JOHN'S HEATING & AC INC .JOHNSON CONTROLS FIRE PROTECTIOJ\ JOHNSON/KENT JOHNSON/MARKT JONES lAW OFFICE KIMBALL MIDWEST KIRSCHBAUM/CHRISTINE KLJ ENGINEERING LLC KNUTSON ELECTRIC REBUILDING KRESS/JEFF KUGLER/HALEY KUHN/AMBER LAKE REGION ELECTRIC COOP (HWY DE LAKE REGION HEALTHCARE LAKE SUPERaOR COLLEGE LAKES AREA COOPERATIVE LAKES COUNTRY SERVICE COOP LAKES DIGITAL SIGN GUYS LLC LARSON FUNERAL HOME LEE/JORDAN LEE/THOMAS LM ROAD SERVICES LLC LOCATORS & SUPPLIES INC LOE/DORIS M-R SIGN CO INC MAAP MARCO TECHNOLOGIES LLC Board of Commissioners' Meeting Minutes July 12, 2022 (Exhibit A) Amount 53.69 289.93 13.42 120.00 500.00 204.15 240.00 139.32 676.08 6,468.00 100,039.67 252.50 247.65 400.00 27,930.89 84.00 915.00 187.51 505.00 180.00 786.03 343.85 346.22 437.00 238.07 269.42 116.46 2,510.00 4,409.05 250.00 278.54 413.00 636.00 2,100.00 351.55 415.63 16,400.00 899.67 277.03 147.20 410.00 47,178.64 Page 19 of 22 Vendor Name MARCO TECHNOLOGIES LLC MARKS FLEET SUPPLY INC MARTHALERJ'fERENCE MCCONN/CHRISTOPHER MCGINNIS/MICHAEL MCIT MCKESSON MEDICAL-SURGICAL INC MHSRCRANGE MIDWEST LIFT WORKS MIOV'Y'EST MACHINERY CO MIDVi/E.ST MACHINERY CO MIDV\.'EST PRINTING CO MINNCOR INDUSTRIES MINNESOTA MOTOR COMPANY MINNKOTA ENVIRO SERVICES INC MNBWSR MN CONTINUING LEGAL EDUCATION MN PESTICIDE INFO & EDUCATION MNCCC LOCKBOX MOONEY/ABIGAIL MOORE ENGINEERING INC MOTOROLA SOLUTIONS INC NAPA CENTRAL NATURES GARDEN WORLD NEil DORNBUSCH & ASSOCIATES INC NELSON AUTO CENTER INC NEWMAN PAINTING INC NEWMAN SIGNS INC NEWVILLE/DARREN NILSON/BRET NORTH CENTRAL INC NORTHERN DIESEL SERVICE NORTHERN POWER PRODUCTS INC NORTHWEST TIRE INC OFFICE OF MNIT SERVICES OLSON Oil CO INC ONE CALL LOCATORS L TO OTTER TAIL CO SOLID WASTE OTTERTAIL MINN-DAKOTA COACHES INC PALMERSHEJM!COLBY PARK PLACE TECHNOLOGIES PAW PUBLICATIONS LLC BATTLE LAKER Board of Commissioners' Meeting Minutes July 12, 2022 (Exhibit A) Amount 1,989.18 38.50 552.51 133.84 46.58 3,491.00 285.30 455.00 3,535.77 86.21 3,478.36 110.00 70.00 8,507.98 62.72 1,463.36 43.75 155.,00 14,222.79 281.88 30,928.75 3,126.23 741.38 3,492.55 4,730.72 1,217.19 2,300.00 816.66 53626 327.85 3,325.00 509.89 99.04 134.86 4,324.88 2,130.06 357.94 10.00 1,083.20 49.51 7,202.16 66.00 Page 20 of 22 Vendor Name PELICAN RAPIDS PRESS PELICAN RIVER WATERSHED PEMBERTON LAW PLLP PETE'S AMOCO PETERSON/JOEL PETERSONJKAOEN PETERSON/PAUL PHOENIX SUPPLY PINE CO SHERIFF POPE DOUGLAS SOLID WASTE MANAGE! POv\'ERPLAN 018 PRAIRIE LAKES MUNICIPAL SOLID WASTE PRECISE MRM LLC PREMIUM WATERS INC PRO AG FARMERS CO OP PRO SWEEP INC PRODUCTIVITY PLUS ACCOUNT PROFESSIONAL PORTABLE X-RAY INC PSICK CAPITOL SOLUTIONS INC OUADIENT FINANCE USA INC RDO EQUIPMENT CO RDO TRUCK CENTERS LlC RED OOT PEST CONTROL RENTAL STORE/THE REUSE MINNESOTA RMB ENViRONMENTAL LABORATORIES H ROGGENKAMP/ALLAN D & JEANNE ROWE/WILLIAM ROUTEWARE INC SAEWERTJBRAXTON SAEWERT.11.ANDYN SALATHE/KELVIN SANITATION PRODUCTS INC SCHAU FF/SCOTT SCHWANTZ/CHRISTOPHER SIGN SOLUTIONS USA STEINS INC STEVE'S SANITATION INC STIGMAN/RY AN STRANO ACE HARDWARE STREICHERS SUMMIT FOOD SERVICE LLC Board of Commissioners' Meeting Minutes July 12, 2022 (Exhibit A) Amount 87.75 150.00 1,976.00 81.89 284.52 171.21 202.00 629.17 75.00 804.31 6,766.55 320.50 28.81 38.81 396.n 21,21227 738.00 300.00 3,000.00 321.18 4,186.20 6,087.70 1,295.00 1,500.00 160.00 220.00 550.00 348.32 4,44528 328.61 176.55 255.64 317.98 867.20 123.09 3,165.62 1,830.12 5,013.00 375.47 83.54 1,370.92 9,282.29 Page 21 of 22 Vendor Name SUNSET LAW ENFORCEMENT SWANSTON EQUIPMENT CORP SWANZfPERRY SWIONTEK/JARED T&KTIRES TABERY/JOSHUA TECH CHECK LLC THlS WEEKS SHOPPING NEWS THOMSON REUTERS -WEST THRIFTY WHITE PHARMACY THUMPER POND RESORT LLC TITAN MACHINERY INC TK ELEVATOR CORP TOLLEFSONJBRITTANY TRANSPORTATION COLLABORATIVE & TRI-STATE DIVING TRITES/DAVID TSCHIDA/CRAIG TWIN CITY GARAGE DOOR TYLER TECHNOLOGIES INC ULINE US POSTAL SERVICE US POSTAL SERVICE VERGAS HARDWARE VICTOR LUNDEEN COMPANY VOSS LIGHTING WADENA ASPHALT INC WAGNER/TERRY WALLWORK TRUCK CENTER WASS/DAVID F WASTE MANAGEMENT 'NEST OTTER TAlL CO FAIR ASSOCIATION v\'EST/RICHARD WILSON/WARREN R WSB & ASSOCIATES INC X-STREAM WATERJETTING LLC ZIEGLER INC ZIMMERMAN/STEVEN Final Total: Board of Commissioners' Meeting Minutes July 12, 2022 (Exhibit A) Amount 2,964.14 2,019.98 180.30 1,840.00 180.00 251.44 2,255.70 110.88 1,605.13 27.29 790.58 1,600.00 2,199.03 28.76 6,576.75 779.15 278.75 110.00 11,422.00 2,220.00 105.44 170.00 30,000.00 18.68 878.30 152.64 35,400.00 73.01 591.72 425.63 37,011.52 200.00 440.63 256.25 5,664.00 143.15 1,453.81 2,153.44 946,050.67 Page 22 of 22 Vendor Name AMAZON CAPITAL SERVICES INC CLAY CO SHERIFF COUNTIES PROVIDING TECHNOLOGY DNA DIAGNOSTICS CENTER INC EDENS GROUP TRAINING CENTER HOLMQUIST/ABIGAIL INDEPENDENT CONTRACT SERVICES OF MAHUBE-OlWA CAP INC MIDWEST MONITORING & SU.RVEILANCE MINNKOTA ENVIRO SERVICES INC MN DEPT OF HUMAN SERVICES OTTER TAIL CO ATTORNEYS OFFICE OTTER TAIL CO RECORDER OTTER TAIL CO SHERIFF OTTER TAIL COUNTY TREASURER-EXPRI PREMIER BIOTECH INC PREMIER BIOTECH LABS LLC SEVEN COUNTY PROCESS SERVERS LLC TAG UP ULSCHMID/LIZA VERIZON WIRELESS WEILAND/MEGAN Vendor Name BESEMAN/KAREN Final Total: CLAY CO HEAL TH DEPT DAHUMELISSA DEMMER/ANDREA ELLENSON/MATTIE ERICKSON/MONIQUE FRUSTOUANNE GEORGESON/ANTHONY GIBBS/ANN GUCK/AMY HELMER SCIENTIFIC INDEPENDENT CONTRACT SERVICES OF LEWIS/JODI LYSNE CONSULTING & COUNSELING LLC MCKESSON MEDICAL -SURGICAL OOP BUSINESS SOLUTIONS LLC OTTER TAIL CO TREASURER PACIFIC INTERPRETERS INC THACKER/SARAH VAN SANTEN/DANA VERIZON WIRELESS WESTBY/LINDA Final Total: Board of Commissioners' Meeting Minutes July 12, 2022 (Exhibit A) Amount 283.82 52.15 240.00 81.00 758.00 12.64 800.33 12,309.51 2,010.00 215.00 327,185.22 3,783.50 62.00 127.60 436.91 362.50 334.85 35.00 240.00 166.52 1,857:68 82.95 351,437.18 Amount 57:92 279.91 1.17 30.42 65.52 17726 1.17 105.30 47.39 4926 9,103.86 5,833.33 46.80 715.00 34.99 106.11 411.84 120.90 5.85 25.86 847.56 27.20 18,094.62