HomeMy WebLinkAboutBoard of Commissioners - Minutes - 04/17/2012MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 515 W. Fir Avenue, Fergus Falls, MN April 17, 2012 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, April 17, 2012 at 9:30 a.m., at the Otter Tail County Government Services Center in Fergus Falls, MN, with Commissioners Lee Rogness, Chair; Doug Hl_\ebsch, Vice-Chair; Wayne Johnson, John Lindquist, and Roger Froemming present. Approval of Agenda Chairman Rogness called for approval of the April 17, 2012 agenda. Motion by Lindquist, second by Froemming, and unanimously carried to approve the Board of Commissioners agenda of April 17, 2012 with the following additions: Benson Air Ag Request for Approval for Aerial Spraying Watershed District Hearings Report MDH TB Contract Approval Open Meeting Law Concern Regarding EAW Meetings Approval of Minutes Motion by Froemming, second by Huebsch, and unanimously carried to approve the Board of Commissioners meeting minutes of April 10, 2012 as mailed. Approval to Pay Bills Motion by Lindquist, second by Johnson, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. MIR3 Notification System Tim Brand, IT Director, and Patrick Waletzko, Emergency Services Director, briefed the Board on the MIR3 Notification System. They discussed the current limitations and presented a proposal for increased capacity. The system could be used for various types of notifications in addition to emergency notifications. A GIS module is included with the proposal which allows notification by address/area. A self- registration concept was discussed. Mr. Waletzko indicated that the first step is a self-registration page for emergency communications and after that is in place, additional enhancements can be built into the project. Motion by Johnson, second by Lindquist, and unanimously carried to authorize the appropriate County Officials' signatures to execute a contract between the County of Otter Tail and BroadBLAST Managed Communication for the annual MIR3 software subscription as described at an approximate annual cost of $30,739.00. The Emergency Services Director was authorized to administer the program. Human Services Temporary Staffing Motion by Johnson, second by Froemming, and unanimously carried to authorize the Human Services Director to hire :a Social Worker on a temporary basis to replace a scheduled leave of absence. Health Services Contracts Motion by Huebsch, second by Johnson, and unanimously carried to authorize the appropriate County Officials' signatures to execute the following agreements: OTC Board of Commissioners' Minutes April 17, 2012 Page 2 Contract Contract Period Puroose Agreement with Becker, Clay, Contract Ends Partnership 4 Health Planning Initiative in Otter Tail, & Wilkin Counties December 31, 2014 Conjunction with the SHIP project for Public Health Shared Staffina and Emeraencv Preparedness Mutual Aid Arrangement Memorandum of Mutual Aid Response for Public Health Understanding Emergencies Nurse Family Partnership with Becker County Diane Thorson, Public Health Director, reported that the Nurse Family Partnership program is expanding into Becker County. She discussed the arrangement and collaboration that will take place with supervision, nursing staff, and medical records secretary. Motion by Lindquist, second by Johnson, and unanimously carried to authorize the signatures of the Chair and Vice-Chair on a letter to Becker County welcoming them into the program. Community Health Grant Agreement Motion by Huebsch, second by Johnson, and unanimously carried to authorize the appropriate County Officials' signatures to execute a contract between the County of Otter Tail and the Minnesota Department of Health for funding, in the amount of $1,177.00, for health screening and follow-up services for tuberculosis for the foreign born (refugee) population. "Take it to the Box" Program Ms. Thorson reported that collaboration between the Public Health, Sheriff, and Solid Waste Departments has resulted in a recommendation to safely dispose of unused medication by way of a program entitled "Take it to the Box". Locked boxes will be placed in various public locations to encourage residents to dispose of old medication properly. Motion by Froemming, second by Lindquist, and unanimously carried to approve the "Take it to the Box" program for disposal of unused medication including the disposal of unused agricultural and veterinary medicines. Sample press releases to educate the public were provided to the Board. PREMISE PERMIT Otter Tail County Resolution No. 2012 -23 Commissioner Johnson offered the following and moved its adoption: WHEREAS, the responsibility for the regulation of lawful gambling and the issuance of licenses and permits for the conduct of lawful gambling lies with the Minnesota Gambling Control Board; and WHEREAS, the Minnesota Flyers Gymnastic has made an application to the Gambling Control Board for the purpose of conducting lawful gambling at Heisler's Campground Pub located at 31870 County Highway 130 in Candor Township of Otter Tail County; and WHEREAS, Minnesota Statute 349.213 provides that the Gambling Control Board may not issue an initial premise permit unless they receive a resolution from the Otter Tail County Board of Commissioners approving the application for a permit; and WHEREAS, the Otter Tail County Board of Commissioners is aware of no reason to oppose the conduct of lawful gambling by the Minnesota Flyers Gymnastics at Heisler's Campground Pub located at 31870 County Highway 130 in Candor Township of Otter Tail County. OTC Board of Commissioners' Minutes April 17, 2012 Page 3 NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby approves the conduct of lawful gambling by the Minnesota Flyers Gymnastics at Heister's Campground Pub located at 31870 County Highway 130 in Candor Township of Otter Tail County, provided the applicant meets all the necessary criteria for the licenses and permits as required by the Gambling Control Board. 1 IT IS FUTHER RESOLVED, that notice of this application and approval shall be provided to the Township of Candor by sending them a copy of this resolution. Commissioner Froemming seconded the motion and upon being put to a vote, the resolution was unanimously adopted. Dated: _6_'f~/_;,_4~/ .:i_0 _1 :2. ____ _ Attest: _L.,."7.,...~==,-...L.,~.P,~"-'-"-""'-- Lafry Kroiii, Clerk Ol,/1Sl¥'?~OARD OF CO NE S By: ~:::_,~~~=~~~~=----=~e::e:::!!!!=~.,--Leland R. Rogness, Board of C sioners Chair , License Application Motion by Johr:,son, second by Froemming, and unanimously carried to approve the following application for license: T'7e Otter Super Club and Lodge P.O. Box 268 Ottertail, MN 56571 Recess & Reconvene Tobacco At 10:28 a.m., :chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 10:35 a.m. Complete Streets Discussion Patrick Hollister, State Health Improvement Program (SHIP) Planner and Ms. Thorson discussed the complete streets concept as it relates to the Subdivision Controls Ordinance (SCO). Mr. Hollister provided a diagram of current road requirements in the SCO and two alternative proposals. The alternative proposals provide a pathway for walkers and bikers. They requested a general consensus on the potential of incorporating a complete streets concept into the SCO when the next revision takes place. Discussion followed the presentation. Commissioners indicated that input from the County Engineer and townships on the road standards in the SCO would be necessary. Aerial Spraying Motion by Huebsch, second by Johnson, and unanimously carried to authorize Benson Air Ag, Inc. to operate agricultural aircraft over unincorporated areas of Otter Tail County to spray for tent worm caterpillars. Benson Air Ag will enter into an agreement with clients requesting the service. Public Works Division Director Larry Krohn, County Coordinator, announced that interviews were conducted for the Public Works Division Director and Rick West, the County's Highway Engineer, has been selected. OTC Board of Commissioners' Minutes April 17, 2012 Page 4 Planning Commission Recommendations Stacey & Amv Heiberg -Conditional Use Permit: Motion by Huebsch, second by Lindquist, and unanimously carried to approve a Conditional Use Permit for topographical work to accommodate a proposed walkout basement with conditions as recommended by the Planning Commission. The proposal is located at Hoffman's Beach Ely ½ Lot 18 & all Lot 17, Section 24 of Dora Township, West McDonald Lake (56-386). Dave & Deb's Subdivision, David S. Maikrzak, LLC -Preliminary Plat: Motion by Froemming, second by Huebsch, and unanimously carried to approve, as presented, the Preliminary Plat entitled "Dave and Deb's Subdivision" consisting of 2 single family residential lots. The proposal is located at Pt of GL 6, Section 3 & Pt of NE¼NE¼, Section 10 of Dunn Township, Pelican Lake (56-786). Greenwood Lake Aire Villa, James & Janice Williams -Conditional Use Permit: Motion by Lindquist, second by Froemming, and unanimously carried to approve a Conditional Use Permit to add a basement to an existing cabin as presented. The proposal is located at Greenwood Lake Aire Villas Condo #18 Lots 4 & 18 Blk 1 and Int in Lots 6 & 35 Blk 1 Common Lots, Section 29 of Otter Tail Township, Otter Tail Lake (56-242) Wee Vila Resort LLLP -Conditional Use Permit: Motion by Johnson, second by Huebsch, and unanimously carried to approve a Conditional Use Permit for roof and manufactured home replacements and the proposed 5 year plan as presented. The proposal is located at Lot 4 ex trs (36.15 acres), Section 14 of Elizabeth Township, Long Lake (56-784). Mary Jane Peterson Trust -Conditional Use Permit: Motion by Lindquist, second by Froemming, and unanimously carried to approve a Conditional Use Permit for topographical work to construct a walkout basement with conditions as recommended by the Planning Commission. The proposal is located at Stalker View Acres Lot 2 Blk 1, Section 27 of Tordenskjold Township, Stalker Lake (56-437). Lu Jean Schei (purchaser from New Horizons) -Conditional Use Permit: Motion by Lindquist, second by Huebsch, and unanimously carried to approve a Conditional Use Permit to construct Phase I of a grain handling facility, (4 grain bins) with conditions as recommended by the Planning Commission. The proposal is located at Pt of GL 1, Section 6 of Tordenskjold Township, Unnamed Lake (56-425). David & Erin Schultz -Conditional Use Permit: Motion by Huebsch, second by Johnson, and unanimously carried to approve a Conditional Use Permit to construct a driveway to a proposed building site with a condition as recommended by the Planning Commission. The proposal is located at Pt GL 5, 6, & 7, 43.3 AC, Section 19 of Hobart Township, Rose Lake (56-360). Steven R. & Barbara D. Nelson -Conditional Use Permit: Motion by Lindquist, second by Froemming, and unanimously carried to approve a Conditional Use Permit for earthmoving work to construct a driveway and building site with a condition as recommended by the Planning Commission. The proposal is located at Lots 4 & 5 & pt of Lot 6 ... (93.5 AC), Section 15 of Sverdrup Township, Crooked Lake, (56-458). OTC Board of Commissioners' Minutes April 17, 2012 Page 5 BLM LLP -Conditional Use Permit: Motion by Froemming, second by Huebsch, and unanimously carried to approve a Conditional Use Permit to operate the former Graystone Restaurant with seating capacity of 230 patrons and with conditions as recommended ,by the Planning Commission. The proposal is located at Bonita Sch Rearr Res 1-2-3; 2-3 Lot A Blk 2, Bonita Sch Rearr Res 1-2-3; 2-3 Lot A & B Blk 3, Bonita Sch Lots 14 Blk 4 ex tr & Lot 15 Blk 4 and pt of Res 3, of GL 1, Section 5 of Everts Township, Otter Tail Lake (56-242). HENNING SNO CRUISERS TRAIL ASSOCIATION GRANT-IN-AID FUNDING Otter Tail County Resolution No. 2012 -24 Commissioner Froemming offered the following and moved its adoption: WHEREAS, Otter Tail County has sponsored Grant-In-Aid Systems in the past; and WHEREAS, acceptance of the Grant-In-Aid Systems proposed extensions are subject to the review and approval of the County Attorney. THEREFORE,; BE IT RESOLVED that Otter Tail County shall continue to sponsor Grant-In-Aid Trail Systems as they exist for the Henning Sno Cruisers Trail Association Snowmobile Club for the 2012-2013 snowmobile season and proposed extensions of Grant-In-Aid Trails with the aforementioned condition. Commissioner Undquist seconded the motion and, upon being put to vote, the resolution was unanimously adopted. Adopted this 1 ?'" day of April, 2012 OTTER TA NTY MISSION RS Attest: -~-=i=,-~""'f-'~-~- Lar~, Clerk By·,:;;· ~~~~~c--'-~~~~~::--:-missioners Chair PRAIRIE SNOW DRIFTERS TRAIL ASSOCIATION GRANT-IN-AID FUNDING Otter Tail County Resolution No. 2012 -25 Commissioner ·Froemming offered the following and moved its adoption: ; WHEREAS, Otter Tail County has sponsored Grant-In-Aid Systems in the past; and WHEREAS, acceptance of the Grant-In-Aid Systems proposed extensions are subject to the review and approval of the' County Attorney. THEREFORE,. BE IT RESOLVED that Otter Tail County shall continue to sponsor Grant-In-Aid Trail Systems as they exist for the Prairie Snow Drifters Trail Association Snowmobile Club for the 2012-2013 snowmobile season and proposed extensions of Grant-In-Aid Trails with the aforementioned condition. Commissioner Lindquist seconded the motion and, upon being put to vote, the resolution was unanimously adopted. OTC Board of Commissioners' Minutes April 17, 2012 Page 6 Adopted this 17'" day of April, 2012 Dated: ___,C>"'-'-4,_,/.J"-'{-'-+/,;,=o,_,/ 2-..._ __ _ r I Attest: ~L~~~~~ LarryKrohn,fclerk OTTER TRAIL RIDERS TRAIL ASSOCIATION GRANT-IN-AID FUNDING Otter Tail County Resolution No. 2012 -26 Commissioner Froemming offered the following and moved its adoption: WHEREAS, Otter Tail County has sponsored Grant-In-Aid Systems in the past; and WHEREAS, acceptance of the Grant-In-Aid Systems proposed extensions are subject to the ,review and approval of the County Attorney. THEREFORE, BE IT RESOLVED that Otter Tail County shall continue to sponsor Grant-In-Aid Trail Systems as they exist for the Otter Trail Riders Trail Association Snowmobile Club for the 2012-2013 snowmobile season and proposed extensions of Grant-In-Aid Trails with the aforementioned condition. Commissioner Lindquist seconded the motion and, upon being put to vote, the resolution was unanimously adopted. Adopted this 17th day of April, 2012 Aquatic Invasive Species (AIS) Grant Contract Motion by Huebsch, second by Johnson, and unanimously carried to approve an Agreement between the County of Otter Tail and the Minnesota Department of Natural Resources (DNR) to accept grant dollars for AIS prevention and management. Watershed District Report Commissioners reported that the Northern Committee of the Board of Water and Soil Resources (BWSR) approved the Buffalo Red River WD petition with the representation requested by Wilkin County. The Northern Committee will present the petition to the full BWSR Board. Meeting Recessed At 11 :33 a.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners recessed for committee meetings and lunch break. OTC Board of Commissioners' Minutes April 17, 2012 Page 7 Little McDonald Lake Outlet Project At 1 :00 p.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners reconvened to' discuss comments and concerns regarding the Little McDonald Kerbs and Paul Lakes Improvement District Environmental Assessment Worksheet (EAW). I David Hauser, !County Attorney, referred to a packet of information made available at the April 10, 2012, County Board meeting. Contents of this packet are available to the public on the County's website and at the Land & Resource Management office. Mr. Hauser indicated that this meeting is for the purpose of discussing put;,lic comments received regarding the EAW to determine if an Environmental Impact Statement (EIS) is needed. Mr. Hauser referred to MN Rule 4410.1700, Decision on Need for EIS, which outlines that an EIS decision is either a negative or positive declaration. A final declaration of findings will be prepared for the Board's adoption. Mr. Hauser indicated that as comments are discussed, the standard determination is "does the project have potential for significant environmental effects"? He listed factors that influence ihe decision such as: 1) determining the type, extent, and reversibility of environmental effects, 2) cun:iulative potential effects, 3) to the extent to which environmental effects are subject to mitigation, 4) rj-,itigation factors that are specific and reasonably mitigate environmental impacts may be relied upon (ex. Operation Plan), and 5) environmental studies referenced in the materials may be relied upon. If the Board of Commissioners makes a negative declaration, then no EIS is needed. If the Board of Commissioners makes a positive declaration, then a statement of the scope (additional information) of the EIS must be included. Consideration should be given, as comments are discussed, whether or not additional information is needed in order to make a decision to allow Ditch #25 to be used as an outlet. I Mr. Hauser addressed Open Meeting Law concerns expressed in a letter received from Diane Alm regarding prevfous Ad Hoc Committee meetings for obtaining additional information lacking in the EAW. Mr. Hauser identified the information contained in the EIS Needs Determination packet dated April 10, 2012 as follows: 1) Chronological List (with sets of County Board 2) 2000 Letter from Terry Lejcher (DNR) minutes) 3) December 18, 2007 County Board Minutes 4) December 26, 2007 County Board Findings and Order 5) September 2007 Hydraulic Report 6) May 9, 2011 Public Informational Meelinq Minutes 7) August 22, ?011 Otter Tail County Drainage 8) August 2011 Hydraulic Report (Houston Svstem No. 25 Public Hearinq Minutes Enoineerina\ 9) Auaust 23, 2011 Countv Board Minutes 1 0l Seotember 6, 2011 Countv Board Minutes 11) Environmental Assessment Worksheet (EAW) 12) Public Comment Letters (Questions Identified) 13) EAW Public Comments/Concerns Outline 14) Proposer's/EAW Committee's Responses 15) March 24, 2012 Jim Nigg (Edna Twp) Cost of 16) April 3, 2012 Draft Revision to Proposed Operation Reoair E-Mail ! Plan 17) April 5, 2012 Assessor Property Value Information ' 18) GIS Structure Damage Map 19) MN Rules f1410.1700 (excerpt)-Decision on Need for EIS , The follawing is a brief summary/outline of discussion regarding the Little McDonald Kerbs and Paul LID EAW concerns and comments grouped into seven headings: 1) Water Quantity, 2) Water Quality, 3) Proposed I Connection of Currently Unconnected Basins, 4) Project Cost, 5) Additional Studies/Information Required, 6) Potential Mitigation, and 7) Regulations: Brent Johnson P.E. and Stephanie Johnson from Houston Engineering were present to answer technical questions. OTC Board of Commissioners' Minutes April 17, 2012 Page 8 1) Water Quantity: q. County Ditch 25 Capacity -what has changed since 2007 and repair vs. improvement a. The difference between the Hydraulic Report dated December of 2007 from Houston Engineering and the current report is the proposed Operation Plan dated April 3, 2012. The Operation Plan identifies that Otter Tail County, instead of the LID, would be responsible for operations and discharge of water. The capacity issues were addressed more in depth in the current report. The current report indicates that, at certain times of the year, Ditch 25 has adequate flow capacity. The Operation Plan has specific conditions identified to regulate when discharge of water would be allowed. Recommended revisions to the proposed Operational Plan for the project were identified by a document dated April 3, 2012 and identified as draft revision. An additional language change was discussed. There is limited data on how Ditch #25 was constructed. There is indication that Ditch #25 was originally an open ditch where there are now culverts. The as constructed format of the ditch is to be determined. Once determined, the project would be classified as either a repair or an improvement. q. Potential for Downstream Flooding -shifting flood problem downstream, hydraulic study ends at Star Lake, downstream erosion (shoreline), impact on spawning areas a. A letter was referenced dated April 16, 2012 that showed modified results of the downstream lake level impact simulation of Chapter V of the Hydraulic Report on the Potential Outlet of Little McDonald Lake via Otter Tail County ditch #25 dated August 11, 2011 (2011 Engineer's Report). The downstream lake level simulation was re-run because of a datum error. The results did not change Berger, McDonald or Big McDonald Lake level simulations and only slightly changed lake level simulations of Star and Dead Lakes. This was used to show impacts on the lake levels downstream if Little McDonald Lake outlet was turned on and ran for 4 months. It was reported that lake level increases downstream would be very minor. In addition, Ditch #25 is a drainage system and is designed to drain water. Flooding would not be shifted downstream because there would be a planned release of water. The Hydraulic Study did not end at Star Lake but included Dead Lake; however, the comment suggested the study go all the way to Otter Tail Lake. The rationale for not performing hydraulic studies on every lake that will naturally receive flow is that lakes such as Otter Tail are so far down the line that the affect would be insignificant. Also, if Otter Tail Lake has high lake levels likely the other upstream lakes would as well and discharge would not be allowed due to the Operating Plan. Houston Engineering studied areas that would have potential impact. Ditch 25 system should not have higher water levels causing erosion because of the Operation Plan. This should be the same with the lakes because the Operation Plan requires no discharge unless the lake levels are lower than the OHWL. Impact on spawning areas would be mitigated by not allowing flow until after May 15th each year. 2) Water Quality: q. Little McDonald -concern on "Impaired Water List" for Mercury a. Both Star and Dead Lakes are on the same list. Other lakes have not been tested. Mercury is an airborne issue and ends up in lakes. This list is used by the DNR/MDH as advisory to people on how many fish should be eaten out of certain lakes due to accumulation of mercury. OTC Board of Commissioners' Minutes April 17, 2012 Page 9 q. Berger .Lake -water depth 17' not 47' (model incorrect), potential to stir-up sediment and release nutrients, and cattle in the water a. The water quality modeling was based on 17' not the 4 7'. The data is correct; however, there was a mispr'int in the EAW. ' Analysis was completed of velocity of flow leaving the outlet pipe and through Berger Lake. Off the outlet, there will be cable concrete to be used as matting and erosion control so water fiows on top and would not be erosive. The rest of the way through the lake there is enough depth so the Little McDon~ld outlet is not likely to stir up the sediments of Berger Lake. The cattle are on the easterly side of Berger Lake and have access to the lake. This can cause manure, stirring up the bottom, and some land erosion issues but this would occur regardless of the project. Commissioner Huebsch indicated that there are programs to help move cattle away from lakes and rivers and this does improve water quality in the lakes. q. McDonald Lake -potential to become a "nutrient trap", potential decrease in water clarity, failing septic systems, Round Lake water quality, turbidity and phosphorous concentrations a. Concerh is the possibility of nutrients dropping down when the water rises over the sand bar in McDonald Lake. In the EAW, there is indication that McDonald Lake water quality would decline slightly;: however all quality measurements are within acceptable range and the decline would be minor. :Dead Lake water quality would be slightly improved. All of the lakes studied in this system are con;sidered clean lakes based on state guidelines. Septic systems have failed on various lakes with the higher water levels that have developed. Impacts from this are included in the studies that have been completed. If there are septic systems that have failed, they would be subject to repair orders. Round Lake runs into Star Lake without this project. Round Lake is small in comparison; therefore, the effect would be negligible. There is some risk of erosion and turbidity during construction period until it is mitigated. Standard erosion practices will reduce impacts. There are many ways to reduce impacts rather than simply digging· all the way through the ditch system. I 3) Proposed Connection of Currently Unconnected Basins: q. Aquatiq Invasive Species (AIS) pathway a. By having a connected pathway, AIS could get from lake to lake easier. In the proposed Operation Plan, if little McDonald has AIS, then discharge would stop and in the DNR letter, it indicates that there is a need to develop testing, monitoring, and controls if AIS discovered. Fish screen will be used to prevent transfer of carp upstream. Discussion took place regarding the language in the proposed Operating Plan as it relates to AIS. 4) Project Cost q. Funding Not Clear a. The LID will fund its share of the project and Otter Tail County would administer work for Ditch #25 under ditch law. An outlet fee would be determined. OTC Board of Commissioners' Minutes April 17, 2012 Page 10 5) Additional Studies/Information Required: q. Magnitude & Severity to Private Properties -number and location of impacted (flooded) properties, soil loss severity, and financial impact a. 20% of properties (structures) around Paul, Little McDonald, and Kerbs Lakes have been impacted (refer to GIS map), 1¼ million dollars spent on sandbagging and fiood prevention, and over $200,000 township expense on roads. Land values have declined significantly. Otter Tail County is requesting 1.7 million dollars due to flooded roads. Public safety concerns exist -CSAH 34 is one example. q. Berger Lake -aquatic vegetation, lake substrate classification a. Berger Lake will be cleaner during the time of operation/fiow. When discharge is not operating, Berger Lake will trend back to current conditions; however, change would not be significant. q. Star Lake -total phosphorus loading, fiow rate from 1st gate to Star Lake a. Concern was expressed over the length of time it would take to shut off discharge if Star Lake reached the level indicated in the Operation Plan that this would take place. Typical time for water to flow from Big McDonald to Berger and through County Ditch 25 from Big McDonald to Star was estimated as 6 hours. Total phosphorus modeling shows a slight improvement in Star Lake. q. Wetland Impacts a. Potential wetland impacts (drain/fill) are regulated under the existing provisions of the MN Wetland Conservation Act (WCA). q. Better Modeling -Bathtub model is a steady state model and does not describe changing conditions a. Bathtub modeling was used to show long term conditions. q. Cumulative Impacts -potential water from Devils/Little Devils, other lakes to this system a. Devils/Little Devils Lakes are currently considering moving water a different direction. If the Devils/Little Devils Lakes LID wanted to use Ditch 25 as an outlet, they would be subject to all rules similarly to the current request from the Little McDonald LID. q. Potential Alternatives -drain Little McDonald to the North end of Big McDonald Lake, Use Wolf Creek -Tamarac Creek -Dead Lake route, move east to Otter Tail River, Irrigation, Individual landowner action a. Discussion occurred regarding these proposed alternative projects and written language is contained in the Appendices of the EAW comment responses. 6) Potential Mitigation: q. Project Operation Plan (revised) OTC Board of Commissioners' Minutes April 17, 2012 Page 11 a. The Operation Plan provides many mitigation procedures and would be a required condition if an outlet is allowed. The proposed plan indicates that the County would operate/control the discharge similar to the Jewett Lake system. Valve security and access was discussed. Further discussion took place regarding the various mitigation factors included in the revised Operation Plan. ! 7) B. Regulations: a. The appropriate procedures and laws will be followed, which will be different, depending upon whether this project is classified as a repair or an improvement. This project will be considered similarly to other projects as well as considering individual project situations. Regulations are not environmental effects issues. Does this proposed project, that is using County Ditch #25 as an outlet for Little McDonald Lake, have the potential for significant environmental effects? If so, are they mitigated by the regulations that can be put in place? What additional information is needed that could be put into a scoping document for an EIS? If an EIS is not required, are there no potentials for significant environmental effect based on the information now available. : Recess & Reconvene At 3:57 p.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners recessed for a ~hort break. The meeting was reconvened at 4:05 p.m. Little McDonald Lake Outlet Project Continued Chairman Rogness opened the floor to public comment that has not already been addressed regarding the proposed project. Comments are summarized as follows: Joe Peters from McDonald Lake expressed concern regarding the threat of possibly spreading AIS to downstream lakes and whether or not the Board considers this a significant impact. He indicated that County funds have been designated to fight AIS, but this may be opening up the chance of spreading it. He expressed concern regarding responsibility if AIS is spread. Mr. Peters stated that the Wolf-Tamarac- Dead route seems to be the least studied; however, in his opinion, would have the least amount of environmental effect because it eliminates 7 lakes and Ditch 25. The cost is not that much larger than the Berger Lake route. Mike Berg from McDonald Lake requested that the Operation Plan include that if AIS are found in any lake downstream or; upstream, the discharge gates would be closed. He asked about the outlet fee and if cost would be passed on to the outlet project or the beneficiaries of Ditch #25. Mr. Berg stated that the Houston Engineer representative indicated that dirty water will flush out of Berger Lake into McDonald Lake and he expressed concern for long term adverse effect and expressed a need for this to be mitigated. He indicated that the Operation Plan sh~uld include benchmarks for water quality on the lakes and discharge should be dep~ndent upon the benchmarks as far as opening or shutting the gates. ' ,. Ken Stangenes:,from McDonald.Lake,q·uestioned why previous petitions were denied. He spoke in favor of moving the waier from Little McDonald to the Otter Tail River because it impacts the least amount of people and would hav_e the least environmental impact. He expressed concern that the water quality in the slough off of Highway' 35 has never been examined. It appears that most homes that have been impacted by flooding are those that have built in the low, slough areas. He suggested the County raise the level of the roads to keep the water off the back lots. OTC Board of Commissioners' Minutes April 17, 2012 Page 12 Diane Alm from McDonald Lake indicated concern for significant environmental effect with nutrients falling off at the sandbar in McDonald Lake and, in her opinion; the effect will be cumulative year after year. She indicated that, in her opinion, this has not been mitigated in the project. Dick York of Star Lake addressed concern about not having water quality studies of the flow coming out of Ditch 25. He indicated that there is sediment that has been in farmers' fields that may now be disturbed with this project. He requested that an EIS be completed. He expressed concern for Round Lake and Star Lake. Bob Walde from Berger Lake indicated that cattails cause high phosphorus and Berger Lake has many cattails around the lake. Kent Alm from McDonald Lake spoke about the difficult situation connecting seven lakes that have never been connected before with the water running from north to south and, he indicated that studies are speculative on what is going to happen. He spoke about his family's properties around McDonald Lake and encouraged the Board to order an EIS for this outlet project to obtain the most information possible. Brent Johnson from Houston Engineering addressed the issue of water quality in McDonald Lake due to the sand bar concern that was expressed by Diane Alm. He stated that McDonald Lake was modeled as one lake not separately as east and west basins. The reason for that decision was the size of the sandbar and the depth of the water at the sandbar which should allow mixing flow and movement. Mr. Johnson also stated that sediment is not likely to be picked up and carried through Berger Lake because the velocity increase will be very slight. Lisa Helbling, President of McDonald Lake Association, indicated that the Lake Association hired an engineering firm to review the EAW and they raised questions regarding the water quality in McDonald Lake that individuals in the Association (including Ms. Alm) do not think have been addressed. The water will take 6 hours to move through and the engineering firm has concerns that sediment will drop out. She indicated that she does not agree that this issue has been addressed. Commissioner Huebsch spoke about the process and concern for people who are suffering due to flooding. This issue keeps coming up because the flooding and damage gets worse every year. He talked about the potential of continued more water that could flow from Devils Lake to Ditch 25 and into these lakes anyway in an uncontrolled manner. Commissioners will continue the discussion of the Little McDonald Lake Outlet project at their next meeting scheduled at 9:30 a.m. on Tuesday, April 24, 2012. Adjournment At 4:55 p.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, April 24, 2012. Dated: ----=()'-'4~/:,i_"'"• __,_tf+/..,.J-""o.,_,/J.,=----, I ~ AtteSI: .,.L-a-rry"'"~"'K"'ro""hrq.., -=c&:.,.1e"'r"'k """""'--- cs1kd OTC Board of Commissioners' Minutes April 17, 2012 Attachment A, Page 1 WARRANTS APPROVED ON 4/17/2012 \·endor Name Amelican \l"eldmg & Gas Inc Anig Commurucation srstems Ben Holzer Unlimited BRENNAN /KEVIN Brown.I Sandra BUREAl'. OF CRIM APPREHEN5IOK Canadian Pacific Railway Companr Carolina Software Carr's Lake Counm· Supermarket Central Door & Hardware Inc Cernfied Auto Reparr CO OP Senices Inc Concept Catering Coopers Technology Group Culligan ClWGAN OF W.-\DEN.-\ D & T Ventures 11.C D & V's Perham Bakerr Denzel's Region Waste Inc Diamond Mowers Inc East Otter Tail Focus Ehlers & Associates Inc Emirotech Senices Inc hergreen Equipment Inc hergreen Lawn Care E1·erts Lumber Co Farmers Co Op Oil Assn Farnam Tire Center Farnam's Genuine Parts Inc Fergus Falls Daily Journal Fergus Falls/City Of Fergus Tire Center Force Amertca Foth Infrastructure & Emironment UC FSH Communicanons UC G & K Senices GAUS UC GATE cm· B.-\.1,,;: (EIN #4 )· 0138060) Ge Capital {Ca) Gil.L/M.-\RION Gopher State One Call Henrung Hardware . .\mount 342.20 200.00 66.88 204.44 9 66 1.675.00 1.966.25 40000 26 33 171.32 1,344.31 188.46 347.87 3.322.98 33.83 282.35 1.089.00 38.40 62.41 525 69 432.70 100.00 12,70732 390.07 68.40 197.39 702. 75 48 00 857.05 2,621.56 7.458.28 3.330 59 21.23 6.531.84 64.13 931. 76 219.10 23.25 398.63 275.48 16.60 133.27 OTC Board of Commissioners' Minutes April 17, 2012 Attachment A, Page 2 Vendor Name Holm/Sheldon INDEPENDENT EMERGENCY SER\1CES Innovative Office Soluuons Iverson/James JOHNSON/MICHAEL Jones And Magnus Kelly Senices Inc Lake Region Healthcare Corp Lakes Area Cooperative Lakes Countr)· Sen,ce Co Op Lakeway Market LLC Larry Ott Inc Truck Senice Lam•'s Supermarket Lawson Products Inc Little Falls Machine Inc Locators & Supplies Inc Loken; Jerry M-R Slgn Company Inc. MAPPING SOLUfJONS Marco Matthew Bender & Company Inc MCCC Ml 33 Midwestern Mat Rental & Supply Co Mn Co Intergowrnmental Trust MN H\\1 SAFm· &RESEARCH CENTER MN ST BOARD OF ASSESSORS MN State Auditor Mn State Bar Association MN VIEWERS ASSOCL-\TION NAPA Central MN Napa Fergus Falls NAPA Of Perham National Business Systems Inc Nelson Auto Center Olson Oil Co Inc Otter Electric ll.C Otter Tail Co Treasurer Otter Tail Telcom outdoor Renontions Landscape & Nurse Overhead Door Co Of Fergus Falls PALMER/GEORGE Park Region Co Op . .:..mount 377.60 64.22 64.86 5.37 226.64 320.00 80.87 6,977.95 892.70 2,479.14 17.00 705.00 132. 70 292.74 8,143.57 9.62 15.47 188, 73 90.00 2.134.63 791.04 14,815.05 84.88 154.00 2,422.00 655.00 1,770.00 323.31 140.00 544.50 55.85 192.26 2,509.82 3,089.67 1,313.73 3,113.63 1.568.61 483.50 250.00 751.04 249.95 292.80 . ' . \-endor '.\ame Parkers PraiJie/C1rr Of Pemn Mobile Medical Phillipe Law Office Praxair Distribution Inc OualitY Machining Solutions Inc Owck's Napa Auto Parts RAMSEY CO SHERlFF RDO Truck Centers RDO Trust #80-6130 Rental Store.lThe Renew Enterprises Inc Rothsav Farmers Co Op Seland's Supenor Floonng Sernce Food Super Valu Sigelman Steel & Ren-cling lm Signworks Signs & Banners Lie Son's Appliance & Refngeration South Mill Senice ST HENRYS ROMAN CA THOUC CHl1lCH Stems Inc STEPP MFG Sten's Sanitation Inc Strand Hardware & RadJo Shack Streichers Super Septic & E.,caration Therm-_.>Jr Sales Corporation TIGGES/DEN.\1S Toshiba Business Solutions FSA Tm,master Trtmin Sntems Inc lc1ine L'S AL "TOFORCE Vergas Hardware Victor Lundeen Company Visual Go,· Solutions Uc Voss Lighting Wallwork Truck Center Wenck Associates Inc West Pa,ment Center Final Total: OTC Board of Commissioners' Minutes April 17, 2012 Attachment A, Page 3 . ..I.mount 325.00 270.00 4 72.80 238.28 250.00 88.15 34.80 2.655.68 468. 39 88.70 458 83 51.02 42. 75 29 84 872.85 595.93 139.13 15.00 3,998.41 2.433.21 261.27 46.80 96.24 129.99 150.00 1.314.00 200.00 73.46 2,383.51 22,525.00 47 50 403.94 122.31 47.12 72 00 354.93 251.86 14,896.56 2.723.96 168,245.45