HomeMy WebLinkAboutBoard of Commissioners - Minutes - 04/24/2012MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, Commissioners' Room
515 W. Fir Avenue, Fergus Falls, MN
April 24, 2012
9:30 a.m.
Call to Order
The Otter Tail County Board of Commissioners convened Tuesday, April 24, 2012 at 9:30 a.m., at the
Otter Tail County Government SeNices Center in Fergus Falls, MN, with Commissioners Lee Rogness,
Chair; Doug Huebsch, Vice-Chair; Wayne Johnson, John Lindquist, and Roger Froemming present.
Approval of Agenda
Chairman Rogness called for approval of the April 24, 2012 agenda. Motion by Froemming, second by
Johnson, and unanimously carried to approve the Board of Commissioners agenda of April 24, 2012 with
the following additions:
Elected Officials ITV Presentation over the Lunch Hour
Cancel -Child Protection Annual Report
Add -Adult LAC Update
Approval of Minutes
Motion by Huebsch, second by Froemming, and unanimously carried to approve the revised Board of
Commissioners meeting minutes of April 17, 2012.
Approval to Pay Bills
Motion by Johnson, second by Huebsch, and unanimously carried to approve payment of the County
Board bills per Attachment A of these minutes.
Little McDonald Lake Outlet Project
Diane Alm from McDonald Lake spoke to the Board with concerns that the Little McDonald Lake
Outlet Project has become a private project without legal petitions completed which are safeguards
under Minnesota law. She stated that the process should require petitioners to apply, agree to pay for
the project, and post bonds to pay for expenses. She spoke about the perceived lack of objectivity
during the process and a conflict of interest with the project because the Engineer was hired by the
Little McDonald LID. She stated that lake property owners are concerned with the potential for
adverse effects with this project.
David Hauser, County Attorney, addressed the issue of the appearance of lack of objectivity with the
proposed Out.let project. He stated that when there is a proposed project that requires an
Environmental' Assessment Worksheet (EAW), the Local Government Unit {LGU) will always work
with the propo~er regarding substantive comments that need to be addressed. Therefore, the Board
set up an Ad Hoc Committee to gain additional information regarding the concerns expressed. This is
a very common practice with these types of projects. Mr. Hauser indicated that some of the proposed
repairs may be more accurately an improvement and would need a petition. Repairs can be made by
order of the Board (drainage authority). The Board has ordered a Redetermination of Benefits on
Ditch #25. Redetermination of Benefits on County ditches are being completed systematically
throughout the County.
OTC Board of Commissioners' Minutes
April 24, 2012
Page 2
Commissioner Johnson addressed questions regarding water quality on McDonald Lake. He
requested a better, more concrete Operation Plan for the project. Continuing discussion took place
regarding public safety, potential for overland flooding rather than a controlled release of clean water,
the need for a specific Operation Plan, and the desire to develop the plan in a transparent manner.
Because potential significant environmental effects can be mitigated, Commissioner Huebsch offered
a motion, seconded by Commissioner Johnson, to declare a negative declaration for the need for an
Environmental Impact Statement (EIS) for the Little McDonald, Kerbs, and Paul LID to use County
Ditch #25 as an outlet. The Negative El S Declaration is attached to these minutes as Attachment B.
Chairman Rogness called for a roll call vote as follows:
Board of County Commissioners
John Lindquist
Roger Froemming
Wayne D. Johnson
Doug Huebsch
Leland R. Rogness
Motion carried.
YEA
X
X
X
X
X
NAY ABSENT
Recess & Reconvene
ABSTAIN
At 10:44 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 10:50 a.m.
Redistricting Public Hearing
At 10:50 a.m., Chairman Rogness declared the Board of Commissioners' meeting open to the public
for redistricting as outlined in the 201 O population census. Wayne Stein, Auditor, reported that a
committee was put together to look at possible redistricting plans. They reviewed five plans and are
recommending that three of those plans be brought to the full County Board. Mr. Stein reviewed the
commission district changes in Options 1, 2, and 5. Chairman Rogness opened the hearing to
comment from the public. Mark Steuart, a resident of Richville, suggested modifying Plan #3 so most
of the lakes areas are in one commission district and more of the agricultural areas are represented in
a different district. Randy Wasvick, from Maine Township, expressed an interest in keeping Maine
Township in a commission district that is more agricultural in nature. Commissioners will take the
suggestions under advisement. The redistricting decision will be on the Board's agenda May 1, 2012.
Chairman Rogness closed the public hearing at 11 :15 a.m.
Adult Mental Health Initiative
Fonda Knudson, Adult Local Advisory Council (LAC) Co-Chair and Beth Nelson, member of the LAC;
provided an update of the Adult MH LAC activities and initiatives. They discussed initiatives to
increase public awareness in an effort to reduce the stigma related to mental health issues and the
need for an aftercare program for individuals with mental health problems leaving the jail setting.
MAY IS MENTAL HEAL TH MONTH PROCLAMATION
Otter Tail County Resolution No. 2012 -27
Commissioner Johnson offered the following and moved its adoption:
WHEREAS, the U.S. Surgeon General states that mental health is fundamental to health and
indispensable to personal well-being, family and interpersonal relationships, and contributes to community
and society; and
OTC Board of Commissioners' Minutes
April 24, 2012
Page 3
WHEREAS, the U.S. Surgeon General confirms that mental illness affects one in five Americans every
year, regardless of age, gender, race, ethnicity, religion or economic status; and
WHEREAS, the U.S. Surgeon General has found that a range of treatment exists for most mental
disorders and the efficacy of mental health treatments are well documented; and
WHEREAS, Otter Tail County has made a commitment to community-based systems of mental health care
for all residents and has appointed Local Mental Health Advisory Committee for children and adults; and
WHEREAS, the guiding principles of community mental health care have always been
comprehensiveness, cost-efficiency, effective management and high-quality and consumer responsive
services, and these principles are now being adopted by private and public healthcare payers; and
WHEREAS, the National Mental Health Association, the National Council for Community Behavioral
Healthcare and their national partners, the National Alliance for the Mentally Ill and their local affiliates
observe Mental Health Month every May to raise awareness and understanding of mental health and
illness;
THEREFORE, We, The Otter Tail County Human Services Board, by virtue of the authority vested in us as
County Commissioners of Otter Tail County, do hereby proclaim May 2012 as Mental Health Month in
Otter Tail County. As County Commissioners of Otter Tail County we call all citizens, government
agencies, public and private institutions, business and schools to recommit our community to increasing
awareness and understanding of mental illness and the need for appropriate and accessible services for all
people with mental illness.
Commissioner Lindquist seconded the motion and upon being put to a vote, the resolution was
unanimously adopted.
Adopted this 24th y of April 2012
By: ~
Leland R. Rogness, Chairper n
Otter Tail County H ervice Board
Childrens' Mental Health Local Advisory Council
Shannon Erickson and Jane Patrick, members of the Children's Mental Health Local Advisory
Council, reported that the LAC is a statutory requirement and has been working closely with the
Family Services Collaborative. They reported that they have been focusing on bullying and request
that all Collaborative partners including Otter Tail County consider adopting a formal anti-bullying
policy. Motion by Huebsch, second by Lindquist, and unanimously carried to approve the concept of
adopting a formal anti-bullying policy.
Members of the Children's' LAC attended a workshop available through the· Consumer Survivor
Network (CSN). This Network works with suicide prevention, information and training and is titled
"Launching Recovery in MN". The LAC is requesting that a one hour training/presentation be
provided to all employees of Otter Tail County through the County's annual safety training.
OTC Board of Commissioners' Minutes
April 24, 2012
Page 4
Motion by Froemming, second by Johnson, and unanimously carried to approve the concept of
training Otter Tail County employees with the Launching Recovery in MN program. The motion
referred the specifics of how this will be offered, to Lakes Country Service Cooperative as the
County's safety administrator through Patrick Waletzko, Safety Program Liaison.
The Children's' LAC members requested that a Commissioner join the committee. Motion by
Huebsch, second by Lindquist, and unanimously carried to nominate Commissioner Johnson to serve
on the Children's' MH LAC.
CHILDREN'S MENTAL HEAL TH AWARENESS DAY PROCLAMATION
OTTER TAIL COUNTY RESOLUTION NO. 2012 -28
Commissioner Froemming offered the following and moved its adoption:
WHEREAS, addressing the complex mental health needs of children, youth and families today is
fundamental to building the health, resilience and future of Otter Tail County; and
WHEREAS, children even as young as 18 months can be affected by traumatic events and have serious
emotional, behavioral and physical problems later in childhood and adulthood. More than 35 percent of
children exposed to a single traumatic event will develop serious mental health problems.
WHEREAS, with support from caring adults, children and youth can recover from traumatic events,
reestablish a sense of well-being, and access treatment and other services if needed.
WHEREAS, the need for comprehensive, coordinated mental health services for children, youth and
families places upon our community a critical responsibility; and
WHEREAS, it is appropriate that a day should be set apart each year for the direction of our thoughts and
actions toward our children's mental health and well-being; and
WHEREAS, Otter Tail County in its policy and planning roles, supports effectively caring for the mental
health needs of children, youth and families in our community;
NOW, THEREFORE, We, The Otter Tail County Human Service Board do hereby proclaim May 9, 2012,
to be Children's Mental Health Awareness Day throughout Otter Tail County and urge our citizens and all
agencies and organizations interested in meeting every child's mental health needs to unite on that day in
observance of such exercises as will acquaint the people of Otter Tail County with the fundamental
necessity of nurturing the social and emotional well-being of children from birth and providing effective,
accessible services and supports for children and youth with mental health needs and their families.
Commissioner Huebsch seconded the motion and upon being put to a vote, the resolution was
unanimously adopted.
Adopted this day of April,.fo"',p-.
By: --~ ,/4
Leland R. Rogness, Chairp
Otter Tail County Human S
Attest: k~ ~ LarryKroii: Cler
OTC Board of Commissioners' Minutes
April 24, 2012
Page 5
OTTER TAIL COUNTY PROCLAMATION
FAMILY CHILD CARE PROVIDER WEEK
MAY 7TH-11TH 2012
OTTER TAIL COUNTY RESOLUTION No. 2012 • 29
Commissioner Johnson offered the following and moved its adoption:
WHEREAS, Otter Tail County has over 136 licensed family child care providers; and
WHEREAS, Otter Tail County family child care providers serve approximately 1,350 children and their
families; and
WHEREAS, children are Otter Tail County's most valuable asset and resource; and
WHEREAS, the care and education of Otter Tail County's children provided by licensed family child care
givers is an invaluable occupation; and
WHEREAS, many Otter Tail County families choose child care outside their own home; and
WHEREAS, licensed family child care providers are highly competent, dedicated, caring, and concerned
professionals. ·
',•A.••,' .-✓ • ,'•./v'v' ' '•/, ', ''--" --, -
: NOW, THEREFORE, BE IT RESOLVED, That the Otter Tail County Board of Commissioners hereby
proclaim the week of May 7'h -11 th 2012, as Licensed Family Child Care Provider Week in Otter Tail
County, in honor of its many licensed family child care providers, and asks the community to join in
recognizing the_ valuable contributions these family child care providers make to our community. · . --/" ,•_,·' , . . ' ; -. -. ," .-----·-' ' . . ' "./ . -' . -·"·
Commissioner Froemming seconded the motion and upon being put to a vote, the resolution was
unanimously adopted.
Adopted this 24th
By:
FOSTER CARE MONTH· MAY 2012
Otter Tail County Resolution No. 2012 -30
Commissioner Froemming offered the following and moved its adoption:
WHEREAS, the family, serving as the primary source of love, identity, self-esteem and support, is the very
foundation of our communities, our state, and our Country.
WHEREAS, in 2012 there were 36 children in the Otter Tail County licensed foster homes. Foster care
provides a safe, secure and stable home for children also providing compassion and nurturance of a family
setting, and
OTC Board of Commissioners' Minutes
April 24, 2012
Page6
WHEREAS, in 2012, Otter Tail County Human Services currently has 17 licensed foster families who have
opened their homes and hearts to children whose families are in crisis, play a vital role helping children
and families heal, reconnect, and launch children into successful adulthood, and
WHEREAS, there are over 162 adults in licensed adult family foster care homes, and
WHEREAS, there are over 4 7 licensed adult family foster care providers, who have opened their homes to
provide a family environment to individuals with developmental disabilities, mental illness or who are
elderly, and
WHEREAS, there are numerous individuals, public and private organizations who work to increase public
awareness of the needs of children and adults in foster care as well as the enduring and valuable
contribution of foster care providers.
NOW, THEREFORE, We, the Otter Tail County Human Services Board, by virtue of the authority vested in
us as County Commissioners of Otter Tail County, do hereby proclaim May as FOSTER CARE MONTH in
Otter Tail County and urge all citizens to volunteer their talents and energies on behalf of children/adults in
foster care, foster parents, and the professional staff working with them during this month and throughout
the year.
Commissioner Johnson seconded the motion and upon being put to a vote, the resolution was
unanimously adopted.
By:
Leland R. Rogness, Ch
Otter Tail County Huma
Attest:
Human Services Contract
Motion by Johnson, second by Froemming, and unanimously carried to authorize the Chairman's signature
to execute the Purchase of Service Agreement between the County of Otter Tail and Productive
Alternatives, Inc. for the period of January 1, 2012 through December 31, 2012,. Under the contract, PA
will provide imaging services for the Human Services Department.
Human Service Bills & Claims
Motion by Johnson, second by Lindquist, and unanimously carried to approve the Human Services Bills
and Claims as presented.
Recess & Reconvene
At 11 :55 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 12:00 p.m.
Social Host Ordinance
Jane Patrick, Family Services Collaborative Coordinator, and David Hauser presented a draft Otter Tail
County Social Host Ordinance and discussed the notification requirements for the Public Hearing
scheduled at 11:00 a.m. on May 1, 2012.
Recess & Reconvene
OTC Board of Commissioners' Minutes
April 24, 2012
Page 7
At 12:16 p.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners
recessed for lunch break and to view a video entitled "Preparing Minnesota for Extreme Heat Events". The
Board of Commissioners' meeting was reconvened at 1 :13 p.m. with Commissioner Froemming absent for
the remainder of the day.
Public Information/Education Officer
Mike Hanan, Solid Waste Director, requested authorization to replace the Public Information/Education
Officer position. Motion by Huebsch, second by Johnson, and unanimously carried to approve
replacement of the Public Information/Education Officer as submitted and recommended by the Personnel
Committee.
Fergus Falls Transfer Station
Mike Hanan reported that the Fergus Falls Transfer Station is equipped with fire protection; however, does
not have water supply for the system at this time. There was anticipation that the City of Fergus Falls
would extend a main water line from the Two Rivers Road area which would be used to service the fire
system. A variance was obtained regarding this issue but will expire January 29, 2013. Commissioners
requested that 1Mr. Hanan research the cost to extend the water line, research cost of other alternatives,
and work on the best solution through the Public Works/Highway Committee.
Courthouse Infrastructure Remodeling
Motion by Johnson, second by Lindquist, and unanimously carried to approve Final Payment, in the
amount of $26,229.95, payable to Comstock Construction for infrastructure remodeling at the Courthouse.
Contract for Cooling System at the Courthouse
Motion by Lindquist, second by Johnson, and unanimously carried to authorize the appropriate County
Officials' signatures to execute a Construction Contract Agreement between the County of Otter Tail and
Overland Mechanical Services for the cooling system at the Courthouse in the amount of $236,692.00,
subject to the approval of the County Attorney.
Soil Testing 60-Bed CARE Facility
Terry Hoff, Interim Physical Plant Manager, presented two quotations for soils testing at the 60-Bed
Facility. Motion by Johnson, second by Huebsch, and unanimously carried to accept the quotation from
Braun lntertec, in the amount of $6,581, for soil testing at the 60-Bed CARE Facility. This quotation was
accepted because Braun lntertec uses smaller equipment which will be better for the existing lawn.
OTC Conservation Committee
Commissioner Lindquist and Commissioner Johnson spoke in support of encouraging the OTC
Conservation Committee to enlist more citizenry in the committee. This committee should not be 80%
government officials. Citizens working in agriculture and other related fields are also interested in
conservation. There needs to be a balance of representation on this committee. Commissioner
Lindquist and Johnson, with full Board support, will pass this message on to the OTC Conservation
Committee at their next meeting.
Recess & Reconvene
At 2:05 p.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners
recessed for a short break. The meeting was reconvened at 2:36 p.m.
OTC Board of Commissioners' Minutes
April 24, 2012
Page 8
License Applications
Motion by Johnson, second by Lindquist, and unanimously carried to approve the following application for
license:
BPOE Elks Lodge 1093
Elks Point
20970 Elks Point Road
Fergus Falls, MN 56537
Lakes Area Cooperative
Perham Oasis
43937 Fort Thunder Road
Perham, MN 56573
On-Sale Seasonal Liquor and Sunday
Off-Sale 3.2 Malt Liquor
Spanky's Stone Hearth On-Sale Liquor and Sunday
34785 County Road 4
PO Box 9
Frazee, MN 56544
The above licenses are subject to the review of the County Attorney and County Sheriff offices.
Letter of Support
Commissioners requested that a letter of support be drafted for the City of New York Mills modification of
Municipal Development District No. 1 and TIF District 1-1. The letter will be signed by the Chairman at the
next regular Board meeting.
Annual Prometheus M.C. Zoo Run
On behalf of the Prometheus Motorcycle Club, Eric Brandt and Eric Marts requested approval for the
27th Annual Zoo Run event scheduled June 21 through June 24 of 2012. All proceeds of the
motorcycle ride event are given to the Chahinkapa Park Zoo in Wahpeton, ND. Motion by Huebsch,
second by Lindquist, and unanimously carried to authorize exemption to the OTC Shows and
Exhibitions Ordinance for this charity event subject to providing security, adequate portable facilities
and notification to law enforcement regarding the event which has been past practice.
Recommendation for Bid Award -S.P. 056-090-007
After previously advertising for bids, the following bids were opened at 1 :00 p.m. on April 4, 2012 for the
Phelps Mill Bridge Restoration Project:
Industrial Builders, Inc.
Fargo, ND
Redstone Construction Co. Inc.
Mora, MN
Robert R. Schroeder Construction, Inc.
Glenwood, MN
Swingen Construction Co.
Grand Forks, ND
$453,342.00
$457,079.40
$465,011.50
$574,125.50
Motion by Johnson, second by Lindquist, and unanimously carried to award S.P. 056-090-007 to Industrial
Builders of Fargo, ND as the low bidder at the bid price of $453,342.00 as recommended by the Public
Works Director.
Ditch #37
OTC Board of Commissioners' Minutes
April 24, 2012
Page 9
Mr. West spoke to the Board regarding repairs needed on Ditch #37. Motion by Lindquist, second by
Huebsch, and unanimously carried to inventory current 12" tile that was purchased for the Ditch #37 repair
and purchase 18" tile to repair Ditch #37 North of TH210 to its original construction. Details are available
in the Ditch #37 repair records.
RESOLUTION FOR MN/DOT AGREEMENT NO. 00774
Otter Tail County Resolution No. 2012 -31
Commissioner Huebsch offered the following and moved its adoption:
IT IS RESOLVED that Otter Tail County enter into Mn/DOT Agreement No. 00774 with the State of
Minnesota, Department of Transportation for the following purposes:
To provide for payment by the County to the State of the County's share of the costs of the
roadway, bike trail, curb and gutter, storm sewer, pond and signing construction and other
associated construction to be performed upon, along and adjacent to County State Aid Highway
No. 34 from 1592 feet East of Harvest Avenue to County State Aid Highway No. 80 (West Main
Street) being partially within the corporate limits of the City of Perham under State Aid Project No.
056-634-01 O and State Project No. 5607-42.
IT IS FURTHER RESOLVED that Leland R. Rogness, County Board Chair and Larry Krohn, County Board
Clerk are authorized to execute the Agreement and any amendments to the Agreement.
Commissioner Johnson seconded the motion and upon being put to a vote, the resolution was
unanimously adopted.
Adopted this 24th day of April 2012
Dated: __._ty\.......,,~7"-1..-, ~:J~!P=(~,4-g~---
Attest: ~d
LarryKron, Clerk
2012 Capital Bonding Bill
Motion by Lindquist, second by Johnson, and unanimously carried to approve the 2012 Capital Bonding
Bill letter as submitted by the Public Works Director. The letter will be signed by the Chairman of the
Board and the Public Works Director will distribute to the appropriate elected officials.
Adjournment
At 3:20 p.m., Chairman Rogness declared the meeting of the Otter Tail County Board of Commissioners
adjourned until 9:30 a.m. on Tuesday, May 1, 2012.
Dated: _,_/YI""~'-'¼-._,_,/ .'-"';i,._,,o.u.L"'ol.,,__ __
CB/kd
OTC Board of Commissioners' Minutes
April 24, 2012
Attachment A, Page 1
WARRANTS APPROVED ON 4/24/2012
\"endor 1\ame
A'\1andsLk
AMERJCA'l RED CROSS
American Welding & Gas rnc
Anoka Countv Med.teal hammer
Apache Group Of Ml111lesota
Auto Value Fergus Falls
BACHMAN/DAR.RELF & JFUE M
BAI.L.\RD/ JEREMY D & NICOLE M
Berer Bodr Shop rnc
BIG RED BOXES
BOUJ:,.1) TREE MEDICAL LLC
Brandon Communications lnc
Call One rnc
C\.MPBELL/DENN1S F & REBECC..\. L
CB Clnno\1 s lnc
CENTRAL CONCRETE CONSTRUCTION
Central States Wire Products Inc
Christensen Consrrucnon
Citizens Ad\'ocate
CO OP Services lnc
Code 4 Sen ices I.LC
Coopers Technology Group
CUWGAN OF WADE'l . .\.
Denzel's Region Waste rnc
Dex East
ELUG .•'\' . .\.N R & JO EVE
ELLIOTT PROPERTIES LLC
EPRG
Fastenal Company
Fergus Falls Daily Journal
Fergus Falls/City Of
Fergus Power Pump rnc
Fergus Tue Center
Fremont lndustries Inc
G & R Controls
GALLS LLC
Godfathers E,terminating Inc
GRABOW/ JEFFREY
HAVERJNE'l!WA YNE
Healthcare Emironmental Sen1ces Inc
Hildi Inc
HO\ L\..'iD/BRL-\N
Amount
3,453.87
520.00
11.60
3.400.00
382.88
89.78
1.894.31
500.00
806.90
763.20
167 .22
600.00
148.43
2.702.89
49.80
313.75
2.62
1.437.50
25.75
90.66
2.755 43
447.39
22.82
1.420.00
21. 1 5
6.000.00
933. 76
4,000.00
157.43
284.48
693.00
300.00
609.56
118. 78
15.433 00
543.61
350.66
57 00
499.22
29.10
900.00
69.38
OTC Board of Commissioners' Minutes
April 24, 2012
Attachment A, Page 2
Vendor Name
Innovative Office Solutions
lSAb.l-'.-<'1/ JESS R & HEIDI M
JOBSHO
Kt>eprs Inc
KEY GOVERNMEITT FINANCE INC
Lake Region Healthcare Corp
Lakeland Mental Health Center
Lakes Radio
Larry Ott Inc Truck Sen ice
Llnd Family Funeral Sen1ce
Locators & Supplies Inc
MCCC MI 33
Midwestern Mat Rental & Supply Co
Mn Dept Of Human Senices
Mn Dept Of Transportation
MN Motor Companr
Mn Office Of Enterpnse Technology
Moore Medical Uc
MORTON SALT INC
Nanik's Electnc
Napa Fergus Falls
l'<lCHOLLS/DAR.RYL J & MICHELE L
Northern Imgat1on Contractors Inc
Northwest Divers
Office Depot
One Call locators Ltd
Otter Risers Kiwanis Club
Otter Tail Co Public Health
Otter Tail Co Solid Waste
Otter Tail Co Treasurer
Ottertail Trucbng Inc
o,;erland Mechanical Senices
PAIMER/WALTER & TONETTE
Pamida Inc 008
Panuda Pharmacy
PERHAM AR.EA EMS
Perham Office Supply
Phoenix Supply
Plmer Bowes
POOU,UN/ROBERT F & SUSA."I F
Pranie Restorations Inc
Premium Waters Inc
Amount
75.70
1,323.21
70.00
73.54
8,788.78
433.37
83.00
236.00
1.855.00
470.00
385.69
83.85
80.05
133.61
69.127.08
50.78
1,700.00
247.41
21,596.52
583.88
16.21
500.00
65.50
640.11
98.02
150.20
170.00
64.60
133.25
88.30
20.409 00
312.62
22.911.40
15.43
10,959.22
335.00
42. 75
3.835.30
1.435.00
11,488.93
800.00
49.09
Vendor !\ame
Priorit\' Dispatch
Productive Altemati\•es Inc
Quartermaster
RA.-',SCH/RJCHARD E
Regents Of The l'ninrsitr Of Mn
Renewable Resource Consultants UC
Renew Enterprises Inc
SW.Inc
SBLC FF
Schultz/Chert
SEHL"i'C
Sernce Food Super Valu
Signworks Signs & Banners Lie
Smith/Gene
Southto\rn Of Pelican Rapids Inc
SRF CO:-ISVLTING GROUP INC
ST HEhllYS ROMAN CATHOUC CHFRCH
Steins Inc
Stoel Rlws LLP
Streichers
Super Septic & E.,carntion
T & ;;: TIRES
Teemark Corporation
This Weeks Shoppmg News
Tltan Access Account
Tom's Body Shop
Tranquilit\' Building Senices
l-1'1FOR.\IS l~ITTED INC
Waste Management
\\'AYNE'S TOOLWAGON
West Pavment Center
West Tool & Design Inc
Woessner Construction Inc
Final Total:
OTC Board of Commissioners· Minutes
April 24, 2012
Attachment A, Page 3
.-\mount
198.00
162 58
227 .84
2,851.97
32.449.98
38.839.42
28.00
970.00
30,23
6.44
4.700.00
56.64
191.86
51.56
20.00
254 70
13.25
777.61
3,735.00
659. 79
102.19
106.03
31,003.30
57.00
269.87
342.00
454.22
46 05
23.862.03
208.41
152.88
165.00
786. 77
379,704 95
OTC Board of Commissioners' Minutes
April 24, 2012
Attachment B, Page 1
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
NEGATIVE EIS DECLARATION
In the Matter of the Petition of
Little McDonald, Kerbs, and Paul Lakes
Improvement District to Use
County Ditch #25 as an Outlet
FINDINGS OF FACT,
CONCLUSION AND ORDER
The above-mentioned matter came on for review before the Otter Tail County Board of Commissioners, the
Drainage Authority for County Ditch #25, on the 17th day of April, 2012. The Board, having reviewed the
Environmental ~ssessment Worksheet (EAW), the comments thereto, and the Land and Resource Management
file, including the packet of information provided to the Board on April 10, 2012, a letter of Houston Engineering,
Inc. dated April 16, 2012, and Resolution 2011-42 Establishing Devils Lake and Little Devils Lake Improvement
District, the presentation of Bill Kalar, the Administrator of the Office of Land and Resource Management for the
County, together with answers to questions by representatives of Houston Engineering, and hearing questions
from the public, and then recessing the matter to April 24, 2012 where additional comments were received, and
the County Board of Commissioners being fully advised in the premises, makes the following Findings of Fact,
Conclusions and Order.
FINDINGS OF FACT
1. The petition dated July 9, 2011, to use Ditch #25 as an outlet for a drain from Little McDonald, Kerbs
and Paul Lakes was received by the Drainage Authority and properly before it for consideration.
2. That on July 25, 2011, a public notice was given to the benefited property owners in the Ditch #25
System, and a public hearing was held pursuant to Minn. Stat. §103E.401 on August 22, 2011.
3. On September 6, 2011, the County Board of Commissioners ordered that an EAW be prepared for the
proposed project.
4. On December 20, 2011, the County Board approved the EAW and on December 27, 2011 a signed
copy of the EAW was submitted to the Environmental Quality Board (EQB). Copies of the EAW were
also submitted to those as required by Minn. Rule 4410.1500.
5. On January 9, 2012, notice of the EAW was published in the EQB Monitor.
6. On February 8, 2012, the EAW public comment period ended.
7. Otter Tail County received twelve letters and emails commenting on the EAW.
OTC Board of Commissioners' Minutes
April 24, 2012
Attachment B, Page 2
8. On February 21, 2012, the County Board, after reviewing the EAW, public comments thereto and the
presentation of Bill Kalar, postponed the decision for thirty days to receive additional information.
9. On March 27, 2012, the County Board again postponed the decision for another thirty days with the
consent of the proposer.
10. The Otter Tail County Board of Commissioners is the Drainage Authority for Ditch #25, and is the
governmental unit with approval authority over the proposed project and is the Responsible Government
Unit for the environmental review of the project.
11. A Petition for an Outlet was also filed in 2007. The Petition was denied based on a finding that Ditch
#25 did not have the capacity based upon the information presented. However, the Board authorized a
new Petition if additional information became available which would show that Ditch #25 did have
capacity, with or without improvements or repairs.
12. The current Petition was accompanied with a more comprehensive hydraulic report prepared by
Houston Engineering, dated August 2011, which recommends repairs to the ditch and calls for an
Operational Plan which would include a control structure that would limit discharge of water into Ditch
#25 only when the system can take the water without causing any damage downstream.
13. Property owners along Ditch #25 have from time to time inquired about the need for repairs. Ditch #25
is in need of some repairs, but because of property subdivision the County could not make
assessments. A redetermination of benefits has been ordered so that benefitted properties can be
assessed for repairs and maintenance.
14. There are periods of time the project can operate even without repair. It would be less effective for the
Little McDonald, Kerbs and Paul Lakes Improvement District. Even with the repairs, the project would be
operational only about 50% of the time.
15. Some of the repairs recommended by the Hydraulic Report of August 2011 may constitute
improvements. If that is the case, it would require a Petition for Improvement from the ditch system in
accordance with Minn. Stats. 103E.215. This is a procedural matter that does not have potential for
environmental effects. The extent of repairs and/or improvements that may be made to the ditch go to
the effectiveness of the project for the proposers.
OTC Board of Commissioners' Minutes
April 24, 2012
Attachment B, Page 3
16. Conditions will be placed on the use of Ditch #25 as an outlet as required by Minn. Stats. 103E.401.
These conditions will include an Operational Plan including the items in the proposed Operational Plan,
dated April 3, 2012. The Operational Plan will be operated by Otter Tail County, and that water will only
be released downstream when it does not cause any damage to downstream property.
17. With th~ Operational Plan and control structure the project will not shift flooding problems from the Little
McDonald group of lakes downstream.
18. Ditch #25 is a drainage system designed to transmit excess water.
19. The Hydraulic Study ends at Star Lake, which is the end of Ditch #25. Information in the EAW and
additional responses to comments included Dead Lake, Indian Lake, Walker Lake and Otter Tail Lakes.
20. The project will not cause downstream erosion, as the Operational Plan will not allow the water levels to
rise above the Ordinary High Water Levels and/or elevations determined not to cause damage on
particular lakes.
21. The control structure will be closed November 30 to avoid ice problems.
22. The control structure will not be opened until May 151h of each year so that any additional flow will not
affect fish spawning areas.
23. Little McDonald Lake is on the Minnesota Department of Health impaired water list for mercury. Mercury
is introduced through the air. Star and Dead Lakes which have been tested are also on the list for
mercury.
24. The EAW referenced Berger Lake as being a 47 feet deep lake, rather than a 17 feet deep lake. That
was a typographical error. The lake is 17 feet deep and that was the basis used in the model. The
project will not cause sediment in the bottom of Berger Lake to get stirred up. The proposed plan
includes the installation of a cable concrete mat, 16 feet wide and 136 feet long, extending from the pipe
outlet through the cat tail fringe into the open water area of Berger Lake. The computed velocities
within Berger Lake are quite low and below the minimum velocity that would be considered erosive to
sediments. The flow conditions would not disturb sediments in Berger Lake. There are cattle with
access to the water of Berger Lake. However, this is a pasture setting and not a feedlot. It is an
agricultural use permitted in shoreland areas.
OTC Board of Commissioners' Minutes
April 24, 2012
Attachment B, Page 4
25. McDonald Lake was modeled as one basin, although it is separated by a sandbar and there are two
distinct basins. The sandbar is under water, and includes a five foot deep center section approximately
175 feet wide, which provides for water and nutrient distribution between the two basins. Based upon
the modeling study, there will be a low velocity of water, low sediment distribution and low amount of
sediment introduced into McDonald Lake. The study did indicate that McDonald Lake water quality
would decline slightly, and anticipated change from 4.2m to 3.9m in Sacchi disc readings and
phosphorous readings changing from 13.ppb to 14.2ppb (Berger Lake which currently 33.5ppb would
reduce to 17.Bppb with the introduction of Little McDonald water rated at 11.1 ppb), all of which is well
below the 40 parts per billion water quality standards set by the MPCA All the impacts to McDonald
Lake are very small and actually within margins of error of the water quality study.
26. The operational plan will include a shut off requirement should water quality in any of the downstream
lakes deteriorate significantly more than indicated in Bathtub model presented in the EAW, as measured
by specific defined water quality standards.
27. Water levels downstream will not rise and cause any additional failing septic systems. The impact of
any failing systems resulting from high water in the Little McDonald group of lakes is included in the
existing water quality data.
28. There was little data available for Round Lake, the lake immediately upstream of Star Lake. Round
Lake is a very small lake, much smaller than Star Lake, and any impact would not be significant. The
project does not cause a great deal of turbidity. The low level of sediment being disturbed is included in
the water quality study and shows minimal changes. What changes do occur are short term, during the
periods that the system is operating in accordance with the Operational Plan, and the lakes will trend
back toward their current existing conditions when the system is not in operation. There will be
appropriate erosion control measures implemented during the construction of the project.
29. Based upon the current water quality conditions in the various lakes, and the amount of water that will
be flowing through the lakes as a result of the project there will not be any significant change in the
water quality of any of the lakes.
OTC Board of Commissioners' Minutes
April 24, 2012
Attachment B, Page 5
30. Currently, there are no known aquatic invasive species in any of the lakes, though they are starting to
appear in other Otter Tail County lakes. The proposed project does connect currently unconnected
basins. The Operational Plan includes shut-offs if the Little McDonald group of lakes get aquatic
invasive species which could be transferred downstream and will include a sample testing program
approved by the Department of Natural Resources.
'
31. The wide spread introduction of aquatic evasive species in many lakes around Minnesota is primarily
caused _by the transfer of biological organisms via boats not properly cleaned, live wells not emptied and
the transfer of infected bait fish. The State and County are working on programs to slow down the
spread of aquatic invasive species. The construction of the outlet project will not significantly increase
the spread of aquatic invasive species beyond what will otherwise occur.
32. The funding for the project is the responsibility of the proposer. If an outlet is authorized, they will have
to pay an outlet fee and be subject to future assessments for repairs and maintenance on Ditch #25 as
required to Minnesota drainage law.
33. The proposed project is needed to relieve high water problems on Little McDonald, Kerbs and Paul
Lakes which have caused serious impact to lakeshore owners. The high water has caused lakeshore
erosion. Property owners have expended over a million dollars to protect shoreline. Edna Township
has submitted a claim for $215,000.00 for road damage to the Federal Emergency Management
Administration. High water on the lakes has caused property values to decrease by $1.5 million dollars
as determined by the Otter Tail County Assessor. Twenty percent (20%) of the structures on the lakes
and the lake improvement district have been damaged by the high water. The high water has caused
some sewage systems to fail.
34. The water clarity on Berger Lake is expected to improve, with Secchi disc readings changing from 7 feet
to 13 feet, based on an assumed 90 to 180 days of operation of the project. That improved water clarity
would provide for an increased depth in which rooted aquatic plants can grow. There is a potential for
aquatic vegetation stands to expand. The Operational Plan allows for water to be released more likely
during the late summer and into the fall when minimal plant growth is occurring and senescence (aging)
is starting to occur.
OTC Board of Commissioners' Minutes
April 24, 2012
Attachment B, Page 6
35. The trophic status index for Round Lake, based on 2011 collected data by RMB Laboratories is 53.
This puts the lake near the upper end of Mesotrophic (moderately fertile) to the lower end of Eutrophic
(fertile) range of lakes. The volume of water contained in Round Lake is 2,023 ac-ft. The existing
residence time for water in Round Lake is 5.5 months. The average residence time for Round Lake
would be reduced to two or three months if the Little McDonald Lake outlet were in operation for 180 or
90 days, respectively. Given the large volume of Star Lake, 89,500 ac-ft., and the good water quality
that currently exists in both Star and Big McDonald Lakes, the effect of decreasing residence time,
increasing flushing of Round Lake would likely have little effect on Star Lake water quality.
36. There is expected to be O . 73 acres of direct wetland impact from the construction of the project features
and associated activities. These would need to be mitigated according to the Minnesota Wetland
Conservation Act (WCA). The proposed project would restore the Little McDonald, Kerbs and Paul
Lakes to their Ordinary High Water Levels and wetlands that were created by the rising flood water
would be returned to their normal level. These are incidental wetlands not subject to the WCA.
37. Potential repairs to Ditch #25 include the wetland area located between Archie and Round Lake which
was drained by the original system, and only be allowed to the extent that they comply with the WCA.
The Department of Natural Resources questioned the fact that the Bathtub Model method of the study is
a steady state model. However, the model was run very conservatively considering maximum operation
times and the maximum effects that would result. While the model won't give all the short term
consequences that occur, it does show the long term effects.
38. The only conceivable cumulative effect would be the use by Devils and Little Devils LID which has also
experienced high water problems. Although the Devils and Little Devils LID petition did include
potentially using Ditch #25 as an outlet, it is reported they are currently considering other alternatives.
Devils Lake is lower than Little McDonald Lake, were they to come through Little McDonald Lake to
Ditch #25, it would require pumping and would be subject to the same Operational Plan. If the two
Devils Lakes, which are much smaller than the Little McDonald group of lakes, were to find another
route to Ditch #25, it would have minimal impact, and would need to be subject to a similar Operational
Plan. This potential cumulative effect would not cause significant environmental effects.
OTC Board of Commissioners' Minutes
April 24, 2012
Attachment B, Page 7
39. More information was requested as to alternatives considered. They are outlined in Appendix A to the
response to the comments to the EAW, starting on page 53, and were found not to be feasible.
40. All potential environmental effects are mitigated by the Operational Plan which will necessarily be
included as a condition for use of Ditch #25 as an outlet. The wording will need to be corrected to
provide _that all downstream lakes are protected in the case of the appearance of aquatic invasive
species. The Operational Plan will be operated by the County, with a provision for funding for its
services. The maintenance of fish screens being the most costly maintenance item. The Operational
Plan will need to provide for County access to the control structure and filters and provide for protection
from damage.
41. All of the information now available gives the County the necessary facts it needs to consider
environmental quality in making its determinations for the use of Ditch #25 as an outlet.
42. There is no additional information which is needed which could be obtained by requiring an EIS.
43. The proposers provided adequate responses to all the substantive comments to the original EAW.
44. The project does not have the potential for significant environmental effects.
CONCLUSION
1. Otter Tail County, which is the Responsible Governmental Unit for the proposed project has fulfilled the
procedural requirements of law and rule applicable for the need of an Environmental Impact Statement
for the Petition to Use Ditch #25 as an Outlet.
2. There are adequate and appropriate state and local regulations governing the activities of this project
that will limit and control environmental effects, specifically the control structure and project operational
plan which will necessarily be part of the conditions to use Ditch #25 as an outlet pursuant to Minnesota
drainage law.
3. That there are no elements of the project that pose the potential for significant environmental effects.
OTC Board of Commissioners' Minutes
April 24, 2012
Attachment B, Page 8
ORDER
NOW, THERFORE, IT IS HEREBY ORDERED that a negative declaration is hereby made, and no
Environmental Impact Statement is required.
MISSIONERS
Attest:/ ~
}/?~ Larry Krohn,