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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 11/01/1989CALL mo ORDER OLSON ABSENT MINUTES APPROVED U.S. FISH & WILDLIFE ROBERT LORSUNG MI~UTES OF THE ADJOURNED ~EETING OF THE BOARD OF COUNTY COMMISSIONERS November l • 1989 Pursuant to adjournment, the Board of County Commissioners of Otter Tail County Minnesota met Wednesday, November l, 1989. Chairman Nelson called the meeting to order at 9:35 a.m., with Commissioners Nordgren, Lindquist, Hovland and Nelson present, Olson absent. Motion was made by Andy Lindquist, seconded by.Bert Hovland and carried, to approve the minutes of the October 25th meeting as mailed. Upon motion made by Andy Lindquist, seconded by Bert Hovland and carried, the following resolution was adopted: RESOLVED 5y the Board of County Commissioners of Otter Tail County Minnesota, that WHEREAS, in accordance with a procedural agreement between the Minneso- ta Department of Natural Resources and the U.S. Fish and Wildlife Ser- vice, dated 1'1ay 23, 1962, certification by the County Board of Commis- sioners for acquisition of lands by the U.S. Fish and Wildlife Service is requested, and WHEREAS, representatives of the U. S. Fish and Wildlife Service met with the Board of Commissioners on November l , 1989 and informed said Board that a wateffowl easement had been secured from Robert M. Lorsung, et al , on that part of Lots 5 & 6 described 5y metes and bounds as recorded in Document Number 673310, Section 9-132-42, NOW, THEREFORE BE IT RESOLVED, the County Board does hereby grant approval of the aforementioned easement acquisition by the U.S. Fish and'Wildlife Service, Adopted at Fergus Falls, MN this 1st day of November, 1989. FORGIVENESS OF PENALTY Motion was made by Andy Lindquist, seconded by Hub Nordgren and carried, DENIED -CAMERON to deny forgiveness of penalty on late payment of tax by Dale Cameron, Battle Lake. EXTENSION SERVICE BUDGET FOR 1990 REPURCHASE APPROVED GRAFF Upon moti'on made by Andy Lindquist, seconded by Hub Nordgren and car- ried, the following resolution was adopted: RESOLVED by the Board of County Commissioners of Otter Tail County Mfonesota, that The sum of $169,299 be set apart from the General Revenue Fund and appropdated subject to the order of the Deputy Vice President of the Institute of Agriculture of the University of Minnesota for the support of county extension work in agriculture and home economics in Otter Tail County for the year beginning January, 1990, in accor- dance with Chapter 202, Laws 1953 and acts supplementary thereto. Dated at Fergus Falls, MN this 1st day of November, 1989. Upon motion made by Andy Lindquist, seconded by Bert Hovland and car- ried, the following resolution was adopted: RESOLVED by theBoard·of County Commissioners of Otter Tail County Minnesota, that WHEREAS, application has been made by Myron J. Graff for the repur- chase of Lot 17, Block 2, Allen's Add'n to the City of Fergus Falls, said property having forfeited to the State of Minnesota on the 5th day of September, 1989, and WHEREAS payment in the amount of $69.60 has been received, being one-tenth of the aggregate of all delinquent taxes, penalties, costs and interest amounting to $695.98, NOW, THEREFORE BE IT RESOLVED, the County Board does hereby approve said repurchase, balance to be paid over a nine year period, to be in the best public interest and relieve undue hardship. Adopted at Fergus Falls, MN this 1st day of November, 1989. PAYMENT APPROVED. SOIL SURVEY County Board -2 .,. November l , 1989 Motion was made 6y Bert Hovland, seconded by Andy Lindquist and car- ded, to approve payment in the amount of $21,964.25 to the Soil Conservation Service, representing quarterly payment on the Soil Survey to cover the period of July l , 1989 to September 30, 1989. FORGIVENESS OF PENALTY Motion was made 6y Bert Hovland, seconded by. Andy Lindquist and car- DENIED -JOHNSON ried, to deny forgiveness of penalty on late payment of tax by Harry A. Johnson, Dunn Township. ART OF THE LAKES PHELPS MILL FESTIVAL ABATEMENTS NORTHEAST LANDFILL MONOCELL CONSTRUCTION SOLID WASTE HEARING -ANIMAL CONTROL:ORDINANCE ANIMAL HEALTH AND CONTROL ORDINANCE Ruth Ab6ott representing the Art of the Lakes, appeared before the Board relative to the Lake Region Arts Festival held annually at Phelps Nill Park, and the appropriateness of contracting for the annual festival, allowing for the collection of a gate fee for said festival. After sOJile discussion, motion was made by Andy Lindquist, seconded 6y Bert Hovland and carried, to instruct Mike Kirk, County Attorney, to meet with representatives from Art of the Lakes for the purpose of preparing a contract agreea6le to all parties, for final approval by the County Board. Motion was made by Hub Nordgren, seconded by Andy Lindquist and carried, to approve tne following applications for reduction of tax capacity: Deborah Ann Maack Buse Township Storage building only, no solid waste user charge Clayborn Avenue Partners Park. Pr. City Property overvalued. Three representatives from the firm of Reike-Carrol-Mueller appeared before the Board and presented a report, including slides, oifi the progress of the monocell construction at the northeast landfill. Mike Hanan, Solid Waste Officer, discussed the routing of Todd County solid waste. No action taken. Pursuant to publlsed riot ice thereof, a hearing was conducted at l :00 p .m., for the purpose of receiving public input on the proposed animal health and control ordinance. After listening to the various interested parties, Chairman Nelson closed the hearing at l :45 p.m. Upon motton made by Bert Hovland, seconded by Hub Nordgren and carried, the fo 11 ow-ing ordinance was adoPt•ed: OTTER TAIL COUNTY ANIMAL HEALTH AND CONTROL ORDINANCE The County Board of Otter Tail County ordains: SECTION I APPLICATION, AUTHORITY AND PURPOSE The provisions of this Ordinance shall apply in all areas of the county and shall be supplemental to any city or township ordinances and state laws or rules governing the control of animals. This Ordinance is enacted pursuant to the powers granted Otter Tail County in Minnesota Statutes 145A.05, Subd. 2, and Chapter 69 of the Session Laws of 1985, and Minnesota Statutes 347.53. The purpose of this ordinance is to protect the public from animals with a history of inflicting bodily injury upon humans and to protect the public from exposure to rabies. SECTION II DEFINITIONS A. ABANDON: Leave an animal unattended or fail to claim an animal upon notice that the animal has been impounded. B. ANIMAL: As used in this Ordinance animal means a dog, cat or any other animal (including wild or exotic animals) kept as a pet. It does not include farm livestock or poultry. C. BODILY INJURY: Any physical pain or injury caused by a bite or scratch inflicted by an animal. D. COUNTY: Shall mean the County of Otter Tail. E. COUNTY BOARD: Shall mean the Otter Tail County Human Services Board and their authorized representatives. F. DEPARTMENT: Shall mean a separate part, division, bureau, sub-unit or branch of Otter Tail County authorized by the County Board to carry out or enforce any provision of a County Ordinance. G. NUISANCE: For purposes of this Ordinance an animal creates a nuisance when it endangers or injures persons while it is off the property of the owner or person in possession of the animal. H. PERSON: Shall mean any individual, firm, partnership, public or private corporation or other organization. I. SUBSTANTIAL BODILY HARM: Shall have the meaning given it under Minnesota Statutes 609.02, Subd. 7(a). SECTION III UNLAWFUL ACTIVITIES A. It is unlawful for any person who is the owner, or person in possession of an animal to permit that animal to create a nuisance. -4 - B. It is unlawful for any person to disregard a quarantine directive by the County Health Department or Sheriff's Office pursuant to Section IV of this Ordinance. SECTION IV BITE CASES A. Quarantine: Animals identified as inflicting bodily injury to humans or other animals shall be quarantined by the County Health Department or Sheriff's Office. This quarantine shall be for at least ten (10) days, and the animal shall be held in a holding pen at the Otter Tail County Humane Society or at the office of a veterinarian, unless the Health Department or Sheriff's Office determines that the animal can be properly held on the owner's premises. If the animal shows any symptoms of illness during the time of the quarantine, an examination shall be made by a designated veterinarian and a report filed with the County Health Department. All animals released from quarantine shall be immunized for rabies unless current vaccination can be documented. B. Bite History: Any animal inflicting bodily injury on two or more occasions or substantial bodily harm on one or more occasions is hereby declared a danger to the public safety. Written notice that the animal constitutes a danger to the public safety shall be served personally or by certified mail upon the owner or person in possession of the animal. The notice shall indicate the time and place of a hearing to be held to determine if the animal should be euthanized or dealt with in some other way to insure the protection of the public. SECTION V HEARING PROCEDURE A. Any hearing required under this Ordinance shall be held before the County Board and shall be open to the public. B. Unless an extension of time is requested in writing directed to the County Board and is granted, the hearing will be held no less than fifteen (15) nor more than thirty (30) days after service of the notice on the owner or person in possession of the animal. C. The notice of hearing shall include: 1. A statement of the time, place and nature of the hearing. 2. A statement of the legal authority and jurisdiction under which the hearing is to be held. 3. A reference to the section of the Ordinance involved. D. Conduct of the hearing: -The owner or person in possession of the animal may be represented by counsel. The Department of Public Health shall present evidence. All testimony shall be sworn under oath. All parties shall have full opportunity to respond to and present evidence, cross-examine witnesses, and present argument. .. -5 - E. The County Health Department shall have the burden of proving the animal a danger to the public safety and its position on what should be done to protect the public by a preponderance of the evidence, and all findings of fact, conclusions and decisions by the County Board shall be based on evidence presented and matters officially noticed. F. All evidence which possesses probative value, including hearsay, may be admitted if it is the type of evidence on which prudent persons are accustomed to rely in the conduct of their serious affairs. Evidence which is incompetent, irrelevant, innnaterial or unduly repetitious may be excluded. The hearing shall be confined to matters raised in the written notice of hearing. G. At the conclusion of the hearing or within fifteen (15) days thereof the County Board shall make written findings that the animal is or is not a danger to the pubiic safety. If the animal is found to be a danger, the County Board may order that such precautions be taken that will insure the safety of the public including euthanizing the animal if appropriate. SECTION VI ENFORCEMENT A. MISDEMEANOR: Any person who violates the provision of this County Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished therefor as provided by law. 8. CITATION: The County Health Department or Sheriff's Office shall have the power to issue citations for violations of this Ordinance. Citations shall contain at least the following: 1. The name and address of the person charged with violation or the owner or person in charge of the premises at which the violation occurs. 2. The date and place of the violation. 3. A short description of the violation followed by the section of the Ordinance violated. 4. The date and place at which the person receiving the citation shall appear and a notice that if there is a failure to appear, an arrest warrant may be issued. 5. Such other information as the courts may specify. C. EQUITABLE RELIEF: In the event of a violation or threat of violation of this Ordinance, the County Attorney may take appropriate action to enforce this Ordinance, including application for injunctive relief, action to compel performance, or other appropriate action in court, if necessary, to prevent, restrain, correct or abate such violations or threatened violations. -6 - o. EXPENSES: The owner or person in possession of an animal shall be liable for all expenses incurred by the county in holding any animal including any veterinarian fees. These expenses may be ordered by the Court as a condition of probation when prosecution under this Ordinance has occurred. If not collected in this manner, the county may collect these expenses from the owner or person in possession of the animal through a civil action. SECTION VII SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid by a Court of competent jurisdiction, said invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and for this purpose the provisions of the Ordinance are severable. SECTION VIII EFFECTIVE-DATE :6 ,i PARKING LOT USEAGE SOLID WASTE OFFICER JOB DESCRIPTION EMINENT DOMAIN CSAH #1 EDC COMMITTEE APT'T BARBKNECKT ADJOURNMENT County Board -7 -November l , 1989 In response to a request by the County Board, Larry Krohn reported on the ftndtngs of the commtttee to meet with members of the First Lutheran Church regarding use of the parking lot during construction. Krohn informed the board that to compensate for the loss of stalls during construction, county employees wou_ld be granted unlimited use of ·an the stalls in the parking lot until the spring of 1990. Reclassification and job description for Mike Hanan, Solid Waste Offtcer, were discussed with no action tkken. The matter of acquisition of lands for the construction of CSAH #1 was brought before the Board for final action. Upon motion made by Bert Hovland, seconded by Hub Nordgren and carried, the following resolution was adopted: · RESOLVED by the Board of County Commissioners of Otter Tail County Minnesota, tflat WHEREAS, Otte~ Tail County proposes to construct and improve State Aid Highway No. 1, and WHEREAS, the improvement consists of realigning and reconstructing said roadway as herein determined necessary to provide for the safety of the traveling public, and WHEREAS, permanent highway easements over certain lands are required to p1r:-ovi•de for said construction, and WHEREAS, Otter Tail County has authority to acquire right-of-way for said highway by eminent domain pursuant to Minn. Stat. sec. 163.02, Suod. 2, and WHEREAS, Otter Tail County has the right ot acquire the right-o·f-way prior to the fi'ling of an award by the court appointment commissioners, pursuant to Minn. Stats. sec. 117.011 and 117.042, and WHEREAS, a portton of said lands required for easement purposes are owned by Will tam & Tliomas Shorma, Vance D. Sherman, Wayne Ward and Robert R. & Lucille M. Roberts, and WHEREAS, Donald Roberts, Robert Whitcomb, Vivian Roberts, Federal Land Bank, First Trust Co. of North Dakota, Gail F. Sickeler, Betty P. Sickeler, Production Credit Ass'n and Craig D. Seeman,:,and Offutt;:·. Inc~, haveninterests in said land, and WHEREAS, Otter Tail County has been unable to successfully negotiate the acquisition of the required easements; NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby authorizes the acquisition of said land by eminent domain and to take title and possession of that land prior to the filing of an award by the court appointed commissioner, pur- suant to Minn. Stat. sec. 163.02, Subd. 2, 117.011 and 117.042, and BE IT FURTHER RESOLVED, that the Otter Tail County Attorney is re- quested to file the necessary petition therefor, and to prosecute such action to a successful conclusion or until it is abandoned, dis- missed, or terminated by the County or the,!Court. Adopted at Fergus Falls, MN this 1st day of November, 1989. Motion was made by Andy Lindquist, seconded by Bert Hovland and carried, to appoint Wm. Barbkneckt, Underwood, ~N, to the Economic Development Commission. At 2:28 p,m., with no further busin meeting until the afternoon of Nove ATTEST: ~ ~ ,) .Ji ~u{) Clerk Chairman Nelson adjourned the • 1989. e, 1 I) JI/ ~ Approved / /-g -557