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