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Home My WebLink AboutBoard of Commissioners - Minutes - 05/20/2014MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 515 W. Fir Avenue, Fergus Falls, MN May 20, 2014 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened at 9:30 a.m. Tuesday, May 20, 2014 at the Government Services Center in Fergus Falls, MN, with Commissioners Wayne Johnson, Chairman; Roger Froemming, Vice-Chairman; John Lindquist, Lee Rogness, and Doug Huebsch present. Approval of Agenda Chairman Johnson called for approval of the May 20, 2014 agenda. Motion by Froemming, second by Rogness, and unanimously carried to approve the Board of Commissioners agenda of May 20, 2014 with the following additions: • Approval of a Dog Bite Order • Approval of Out-of-State Travel • Appointment of the Highway Engineer Consent Agenda Motion by Huebsch, second by Lindquist, and unanimously carried to approve Consent Agenda items as follows: 1. May 13, 2014 Board of Commissioners' Minutes 2. Warrants/Bills for May 20, 2014 (Attachment A) 3. Applications for On/Off Sale Liquor Licenses: • Heislers Country Pub, 3.2 Malt Liquor, July 1, 2014-June 30, 2015 • Red Horse Ranch Arena Inc., On-Sale Seasonal Liquor, May 1, 2014 -October 31, 2014 • Rolling Hills, On/Off Sale 3.2 Mall Liquor, July 1, 2014 -June 30, 2015 • Wee Villa Resort LTD PTSP, On/Off-Sale 3.2 Malt Liquor, July 1, 2014-June30, 2015 • Big Chief Inc., On/Off-Sale 3.2 Malt Liquor and Wine, July 1, 2014-June30, 2015 4. Approval to Appoint Lieutenant Barry Fitzgibbons on the Central MN Emergency Services Regional Advisory Council to replace Matt McGuire 5. Approval of Contracts & Bonds; County Road 1 Milling & Overlay, Mark Sand & Gravel Co. 6. Approval of Final Payment of $25,136.30 for Water Street Bridge No. 56537, Korby Contracting Company Dog Bite Order Motion by Froemming, second by Lindquist, and unanimously carried to authorize the appropriate County Officials' signatures to execute the Findings and Order for the dog, Jack, owned by William Roach as presented by the County Attorney. The Public Health Department will follow-up to ensure the Order is followed. Out-of-State Travel Motion by Froemming, second by Huebsch, and unanimously carried to approve Out-of-State travel for Sandy Helo to attend the United Council on Welfare Fraud annual training conference in Little Rock, AK scheduled for September, 2014. OTC Board of Commissioners' Minutes May 20, 2014 Page 2 Wetland Permitting Discussion Representatives from various Wetland Conservation Act (:NCA) regulatory agencies met with the Board to discuss the current wetland permitting process. Due to the fact that the public perceives that there are multiple sets of rules for different agencies, the discussion focused on education of the process. An Application Form titled "Joint Application Form for Activities Affecting Water Resources in Minnesota" was provided. This application must be completed by anyone who may be affecting a water resource (wetland, tributary, lake, etc.) The application is completed in the County Land & Resource Office with assistance by the WCA Inspector. A U.S. Department of Agriculture Farm Service Agency Application (0MB No. 0560- 0185) titled "Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) Certification" was submitted along with a Sharing Data Form. Farmers affecting a wetland generally complete this federal form and if they sign the Data Sharing Form, the infonmation is provided to the Wetland Technical Advisory Panel (TAP) for their review. Lengthy discussion followed regarding different wetland program rules between the various agencies 1(USDA, NRCS, SWCD, MNDNR, MNBWSR), the Federal Farm Program, DNR jurisdiction, wetland mitigation, and enforcement for violation of rules. Commissioners suggested that a flow chart and explanation of the acronyms be provided when a Wetland Application is completed to increase awareness with the public about their potential responsibilities with federal, state and local regulatory agencies. The Chairman requested a progress report on this issue. Recess & Reconvene At 10:30 a.m., Chairman Johnson recessed the meeting of the Otter Tail County Board of Commissioners for a short break. The Board of Commissioners meeting was reconvened at 10:37 a.m. Otter Tail Water Management District Board Rollie Mann, OTWMD Administrator, and District Board members requested that Otter Tail County become the permitting authority for their drain field sites due to more stringent federal and state rules and regulations. Various handouts were submitted to educate the Board on the history of the District. Permitting would require an Advanced Inspector certification. Bill Kalar, Land & Resource Director, indicated that the County does not have an Advanced Inspector; however, there are plans for some inspectors to obtain the certification. Commissioners and the County Attorney expressed concerns regarding cost and impact, designated legal authority, and ability to permit but not manage the functions of the District. Commissioners referred this issue to the Public Works Committee. Planning Commission Recommendations Preliminary Plat-"Dog Run Addition'1/Phyl/is Hanson: Motion by Huebsch, second by Lindquist, and unanimously carried to approve the Preliminary Plat titled "Dog Run Addition" consisting of 1 non-riparian lot with a condition as recommended by the Planning Commission. The project is located in the NE¼NE¼ & Lot 1 ex trs ex platted, Section 11 of Clitherall Township; Clitherall Lake (56-238), RD. Conditional Use Permit-Chad Dubois: Motion by Rogness, second by Froemming, and unanimously carried to approve a Conditional Use Permit for a shoreline restoration project with a condition as recommended by the Planning Commission. The project is located at Crystal Hills 1st Addition Lots 17 & 18, Section 2 of Lida Township; Crystal Lake (56-749), RD. Conditional Use Permit Brent & Laurel Nelson and LaWayne D. Rogness Ts/: Motion by Huebsch, second by Lindquist, and carried with Rogness abstaining, to approve a Conditional Use Permit for a driveway and building site preparation as presented. The project is located in the S½SE¼ ex Hwy & ex tr and E 35 Rods of GL 2 ex tr, Section 15 of Buse Township; Horseshoe Lake (56-834), NE. 'United State Department of Agriculture, Natural Resources Conservation Service, Soil & Water Conservation District, Minnesota Department of Natural Resources, Minnesota Board of Water and Soil Resources OTC Board of Commissioners' Minutes May 20, 2014 Page 3 Conditional Use Permit -Volk Properties LLC: Motion by Rogness, second by Froemming, and unanimously carried to approve a Conditional Use Permit to re-grade the lot and reconstruct a walkway as presented. The project is located at Plainview Sandy Beach Lot 8, Section 3 of Edna Township; Little McDonald Lake (56-328). Conditional Use Permit-Northern Lights ResorVPro's Properties LLC: Motion by Froemming and second by Rogness to approve a Conditional Use Permit to add 13 campsites as recommended by the Planning Commission and 9 centralized boat slips on the proposed new property. Previous resort owner, Cheryl Harris, spoke in favor of the proposed expansion, the economic benefits resorts bring to communities and the loss of resorts throughout the County. Because of the economic benefits resorts bring to Otter Tail County, a motion was offered by Huebsch, seconded by Rogness and unanimously carried to amend the previous motion to approve 13 campsites and 12 centralized boat slips subject to the applicants obtaining the necessary variances from the Board of Adjustment. The proposed project is compatible with the usage of the surrounding area. The project is located in Pt of GL 9 and tr in GL 9 & 10, Section 25 of Dead Lake Township; Dead Lake (56-383), NE. Recess & Reconvene At 11 :24 a.m., Chairman Johnson recessed the meeting of the Otter Tail County Board of Commissioners for a short break. The Board of Commissioners meeting was reconvened at 11 :28 a.m. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR SAFE COMMUNITIES GRANT APPLICATION Otter Tail County Resolution No. 2014 35 Commissioner Rogness offered the following and moved its adoption: Be it resolved that Otter Tail County Department of Public Health enter into a grant agreement with the Minnesota Department of Public Safety, for traffic safety projects during the period from October 1, 2014 through September 30, 2015. The Director of Public Health is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of Otter Tail County Public Health and to be the fiscal agent and administer the grant. I certify that the above resolution was adopted by the Board of Commissioners of Otter Tail County on May 20. 2014. Commissioner Lindquist seconded the resolution and, upon being put to vote, the resolution was unanimously adopted this 20th day of May, 2014. Dated: or, Lc,3 L-~ o It.../ • L~ohfi. By: Attest: OTC Board of Commissioners' Minutes May 20, 2014 Page 4 Children's Mental Health Local Advisory Committee Michelle Olson and Charles Olson, members of the Otter Tail County Children's LAC, presented an annual report and briefed the Board about their activities and goals. Discussion followed regarding the Positive Messaging program, Building Resiliency in Children, and the Text4Life program. Region 4 Mental Health Assessment Report Deb Sjostrom, Human Services Director, briefed the board on a nine-county Region 4 Mental Health Needs Assessment. Ms. Sjostrom provided information on the assessment including areas of mental health service strengths and areas of need where gaps exist. She reviewed the recommendations from the Assessment for the region. Otter Tail County Transportation Plan Rick West, Public Works Director, submitted the Project Management Team (PMT) and Project Steering Committee (PSC) membership. These committees will work with SRF Consulting during the development of the OTC Transportation Plan. Their first meeting is scheduled for Tuesday, June 3, 2014. Reappointment -Highway Engineer Motion by Rogness, second by Froemming, and unanimously carried to reappoint Rick West as the Otter Tail County Engineer for a four (4) year appointment until May of 2018 continuing with current terms and conditions of employment. Sale of Snowplow Truck Motion by Rogness, second by Lindquist, and unanimously carried to approve the sale of a Snowplow Truck (unit 136-1994 Freightliner) to Buse Township in the amount of $23,501.00. County Ditch #25 Engineer's Repair Report -Phase 2 Motion by Huebsch, second by Lindquist, and unanimously carried to authorize the appropriate County Officials' signatures to execute an Agreement between the County of Otter Tail and Widseth Smith Nolting (WSN) & Associates for engineering services for the Phase 2 Ditch #25 Repair project. Ditch #70 The Ditch Inspector submitted several documents from Houston Engineering regarding the proposed Ditch #70 Improvement project. A public informational meetings is scheduled with the petitioners at 7:00 p.m. on Monday, June 2, 2014 at the Government Services Center. County Drainage Systems County Ditch #21: Motion by Rogness, second by Lindquist, and unanimously carried to authorize the Ditch Inspector to hire a contractor to remove bogs and beaver dams in County Ditch #21 as requested. County Ditch #41: Motion by Huebsch, second by Froemming, and unanimously carried to authorize. the Ditch Inspector to replace a failing culvert under 527th Avenue in Ditch #41.as recommended. · · · County Ditch #58: Motion by Huebsch, second by Froemming, and unanimously carried to authorize Deiah S_chultz to clean- out a portion of Ditch #58 as shown on a map submitted by the Ditch Inspector, subject to all expenses being paid by Mr. Schultz. Recess & Reconvene OTC Board of Commissioners' Minutes May 20, 2014 Page 5 At 12:41 p.m., Chairman Johnson recessed the meeting of the Otter Tail County Board of Commissioners for lunch break. The Board of Commissioners meeting was reconvened at 1 :03 p.m. with Commissioners Huebsch, Rogness, Lindquist, and Johnson present. Little McDonald Paul Kerbs Lake Improvement District Outlet Fee David Hauser, County Attorney, provided background information regarding the Judge's Order to remand clarification on the benefits previously set by the Ditch Authority for the LMPK Lake Improvement District to use Ditch #25 as an outlet to alleviate high water problems. The Outlet Fee and ongoing cost of benefits for the properties must be set on facts rationally connected to the outlet and assessment share of the new benefited properties. Mr. Hauser cited Minnesota Statutes 103E.401 and 103E.315. One method discussed was using the original cost of the ditch in 1907 ($2,025.56), adjust for inflation based on 2013 U.S. historical inflation rate ($48,514.34) x 42.1% = $20,424.54 if used 100% of the time. The benefited properties will use the ditch a maximum of 50% of the time. The new benefited properties are 42.1 % of the ditch and the new properties will use the outlet 50% of the time; therefore, the LMPK LID would pay 21.05% of current repair needs. Using this method, the Outlet Fee for the LMPK LID would be $10,212.19 plus the cost of the determination of the new benefited properties plus 21.05% of the estimated repair costs on Ditch #25. To determine on-going benefits, Jeff Volk suggested the 17.6 million dollars of benefited property x 50% due to limited use/value, add that to the 24 million dollar value of new properties and Ditch #25 and use this ratio to always come back to 100% to allow for correct assessments on the parcels. Mr. Volk also reported that the LID needs to receive authority (permit) from the Minnesota DNR to move forward with the outlet project. Discussion continued regarding the point at which the LMPK LID is a part of the D_itch #25 system. Commissioners requested that County Officials work on these issues and return with a Proposal of Findings with the Board's intent and rationale for a logical solution to determine the Outlet Fee and ongoing maintenance costs. Adjournment At 1 :56 p.m., Chairman Johnson declared the meeting of the Otter Tail County Board of Commissioners adjourned. The next County Board meeting is scheduled at 8:30 a.m. on Tuesday, June 3, 2014. Dated: ""(~ Uot'f CB/kd OTC Board of Commissioners' Minutes May 20, 2014 Attachment A, Page 1 WARRANTS APPROVED ON 5/20/2014 Vendor Kame 3 D SPECL"J..TIES INC A· 1 LOCK & KEY AL'S REFRIGERATION AUTO FIX BLUESTONE TECHNOLOGIES INC BOYER/RODNEY BRAUN INTERTEC CORPORATION BRO\\,'N & SAENGER CD\\' GOVERNMENT INC CERTIFIED LABORATORIES CL>. Y CO AUDITOR TREASURER CM!INC CO OP SERv1CES INC CODE 4 SERVICES UC COMMUN!CA TION BRIEFINGS CUWGAN OF WADENA DEN"ZEL'S REGION WASTE INC DIGITAL ALLY INC EHLERS & ASSOCL>.TES INC ELLINGSON PLUMBING HEATING AC ELE( ERGOMETRJCS FERGUS FALLS/CITY OF Foltz/Da1id & Carol G & K SERVICES GALLS UC GODFATHERS E.'\"fER.'IINATING INC GOPHER STATE ONE CALL HARJUS/MICHAEL HOFF /MARL4.ND IND EPE.",'DENT /THE IVERSON/JAMES JK ENGINEERS JK SPORTS JOBSHO JOHNSON/TJ KAHLER GRAND HOTEL KELLY SER\·1CES INC KOHI./FRED L4.KE REGION HE.4.L THC.4.RE CORP L4.KES ARE.>. COOPER.>.m1E L4.KES ARE.>. PEST CONTROL Ll.C L>.KES COUNTRY SER\·1CE CO OP Amount 6,221.40 128.60 715.00 34.54 6.300.00 273.20 1,622.00 59900 1,187.88 266.00 97.81 256.58 11 7 ,55 2.331.08 139.00 235.66 187,20 40.00 2.585.00 33,627.00 33.18 5.346.00 1 .818.00 1,185.61 822.44 246.20 23.85 248.56 4,097.50 255.00 9.77 2. 708.20 8.00 390.46 200.00 671.96 1,801.56 50.00 6,428.00 863,66 80.00 585.00 OTC Board of Commissioners' Minutes May 20, 2014 Attachment A, Page 2 Vendor Name L.\K.EWAY MARK.ET LLC L>\RRY OTT INC TRUCK SER\1CE L.\RSON/PAUL LEE/THO?.L".S UND FA .. '-!ll.Y FUN.ERAL SERVIC.E ?.L4.NDERUD/VIOLA J MARCO INC ST LOUIS MATHISON CO MN DEPT OF LABOR. AND INDUSTRY MN omc.E OF ENTERPRISE TECHNOLOG' MYHRE/JIM N F Fl.ELD ABSTRACT CO ilC NAP A F.ER.GUS F AllS NELSON AUTO CENTER NOR.TH POINT GEOGl!J\PIIlC SOLUTIONS NOR. THERN ENGINE & SUPPLY INC NORTHERN STATES SUPPLY INC ONE CALL LOCATORS LTD OTTER. TAIL CO AUDITOR OTTER. TAIL CO PUBUC HEALTH OTTER.TAIL TRUCKING INC OUTDOOR RENOVATIONS L>\NDSCAPE & PAC.E ANALYTICAL SER\i1CES INC PARK REGION CO OP PAW PUBUCATIONS U.C BA TILE L>\KE R. PEBBLE L>\KE AUTO REPAIR. PEUCAN RAPIDS PRESS PERHAM FOCUS PREMIUM WATERS INC PRO AG FARMERS CO OP PROFESSIONAL PORTABLE X· R.AY INC RDO EOUIPMENT RECYCLE TECHNOLOGIES INC RONNIE Hill SCHIERER/STEVE SEACHANGE PRINTING & MARKETING SERVICE FOOD SUPER VALU SHULTZ & ASSOCIATES LTD SIGNWOR.KS SIGNS & BANNERS ilC SIMPLEXGR.INNEil SIRC!IlE FINGER PR.INT L>\BORATOR.IES STATE INDUSTRIAL PRODUCTS Amount 98.00 465.00 340.36 246.88 490.00 189.81 925.60 223.32 20.00 1.700.00 212.26 6,975.00 139.30 81,271.25 3,380.00 50.90 463.53 180.24 62.25 725.00 4,070.43 460.00 6,071.60 694.47 965.20 388.10 45.75 280.70 38.80 3,942.99 150.00 629.98 770.41 50.00 224.48 323.75 46.52 6,376.24 580.00 411.00 436.15 134.88 Vendor Name STEIN/WAYNE STEVE'S S,~NITATION INC SYNSTEI.IEN/RON THIS WEEKS SHOPPING NEWS THOMSON R.EtlTERS -WEST THRIFTY WHITE PHARMACY THRIFTY WHITE PHAR..'-'1ACY TIRES PLUS TOTAL CAR. CARE UGGER.UD/WARD ULlNE UNITED PARCEL SER.\1CE \1CTOR LUNDEEN COMPANY WALLACE COMPANY WIDSETH SMITH NOL TING & ASSOC ZIEGLER. INC Ftnal Total: OTC Board of Commissioners' Minutes May 20, 2014 Attachment A, Page 3 Amount 202.26 30.00 525.00 118.80 230.03 25.00 1,310.82 871,60 230.64 435.50 23.73 174 .30 8,124.00 15,481.00 218.81 238,089.09