MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS 515 W.

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1 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners Room 515 W. Fir Avenue, Fergus Falls, MN 8:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened at 8:30 a.m. Tuesday,, at the Government Services Center in Fergus Falls, MN, with Commissioners Wayne Johnson, Chair; Roger Froemming, Vice-Chair; John Lindquist, Lee Rogness and Doug Huebsch present. Approval of Agenda Chairman Johnson called for approval of the Board Agenda. Motion by Rogness, second by Lindquist and unanimously carried to approve the Board of Commissioners Agenda of, with the following modifications: Discussion Regarding 06/12/2018 Minutes - Spitzer Lake Cancel Governor s Tourism Council Update Consent Agenda Motion by Froemming, second by Lindquist and unanimously carried to approve Consent Agenda items as follows: 1. Warrants/Bills for (Exhibit A) 2. Human Services Bills & Claims 3. Approve issuance of On-Sale Liquor and On/Off-Sale 3.2 Malt Liquor Licenses as presented in the Agenda packet County Board Minutes of June 12, 2018 Motion by Rogness, second by Huebsch and unanimously carried to approve the June 12, 2018, Board of Commissioners minutes, amended as follows: Page 3, 2 nd Paragraph under the Spitzer Lake Heading currently reads: Motion by Huebsch, second by Rogness and unanimously carried to authorize the County to do an engineering study for an estimate to determine how to reduce the water by building a control structure. This Paragraph is amended to read as follows: Motion by Rogness, second by Huebsch, and unanimously carried to authorize the County to provide a preliminary in-house evaluation to determine potential mitigation factors to reduce the rising water level on Spitzer Lake. Board of Appeal and Equalization Meeting At 8:45 a.m., the Chairman reconvened the Board of Appeal and Equalization meeting from Wednesday, June 13, Assessor Doug Walvatne referred to the 2018 County Board of Equalization recommended changes that were provided in the Agenda packet. Robert Preuss, property owner in Parkers Prairie Township, requested that parcel # be classified as rural agricultural land the same as in CY2017 instead of the recommended vacant land classification. Lengthy discussion followed. Motion by Huebsch, second by Froemming and unanimously carried to approve the 2018 Board of Equalization recommendations as presented by the Assessor, except for land owned by Robert Preuss. Parcel # will be classified as agricultural land for tax payable year 2018 (the same as pay 2017) until the County receives an opinion from the Minnesota Department of Revenue.

2 Page 2 EXTRACT OF MINUTES OF A MEETING OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS OTTER TAIL COUNTY, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the County Board of Otter Tail County, Minnesota, was duly called and held at the County Board Room in the County Administration building in Fergus Falls, Minnesota, on Tuesday,, at 9:00 a.m., for costs of public improvements in connection with acquisition and renovation of an existing building located at 1010 Maryland Lane in the City, to be leased to the State of Minnesota Department of Health and Human Services (the "Project"). The following members were present: Commissioners Huebsch, Johnson, Lindquist, Froemming & Rogness and the following were absent: None Member Lee Rogness introduced the following resolution and moved its adoption: RESOLUTION APPROVING TAX ABATEMENTS RESOLUTION NO BE IT RESOLVED by the County Board of Otter Tail County, Minnesota (the "County"), as follows: WHEREAS, the County proposes to use the abatement for the purposes provided for in the Abatement Law (as hereinafter defined), including the Project. The proposed term of the abatement will be for up to 10 years and in no event shall exceed $100,000. The abatement will apply to the County s share of the property taxes (the "Abatement") derived from the property identified by property identification number (the "Property") located in the County of Otter Tail; and WHEREAS, on the date hereof, the County Board held a public hearing on the question of the Abatement, and said hearing was preceded by at least 10 days but not more than 30 days prior published notice thereof; and WHEREAS, the Abatement is authorized under Minnesota Statutes, Sections through (the "Abatement Law"). NOW, THEREFORE, BE IT RESOLVED by the County Board of Otter Tail County, Minnesota, as follows: 1. Findings for the Abatement. The County Board hereby makes the following findings: a) The County Board expects the benefits to the County of the Abatement to at least equal or exceed the costs to the County thereof. b) Granting the Abatement is in the public interest because it will: (i) provide employment opportunities in the County; and (ii) increase or preserve tax base; and (iii) help provide access to services for residents of the County. c) The Property will not be located in a tax increment financing district for the period of time that the Abatement is in effect.

3 Page 3 d) In any year, the total amount of property taxes abated by the County by this and other abatement resolutions, if any, does not exceed ten percent (10%) of net tax capacity of the County for the taxes payable year to which the abatement applies or $200,000, whichever is greater. 2. Terms of Abatement. The Abatement is hereby approved. The terms of the Abatement are as follows: a) The Abatement shall be for up to a ten (10) year period and shall apply to the taxes payable in the years 2020 through 2029, or as otherwise established in the Abatement Agreement. b) The County will abate the County's share of the property tax amount which the County receives from the Property, not to exceed $100,000. c) The Abatement shall be subject to all the terms and limitations of the Abatement Law and as more specifically described in the Abatement Agreement. The motion for the adoption of the foregoing resolution was duly seconded by Member John Lindquist and, after a full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: Commissioners Huebsch, Johnson, Lindquist, Froemming and Rogness and the following voted against the same: None Adopted at Fergus Falls, Minnesota this 26 th day of June 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Wayne Johnson, Board Chair Attest: John Dinsmore, Clerk Recess for Public Works Committee At 9:15 a.m., Chair Johnson declared the meeting of the Otter Tail County Board of Commissioners recessed for a Public Works Committee meeting. Hearing - Dangerous Dog Notification At 10:15 a.m., the Otter Tail County Board was reconvened for the purpose of an Appeal Hearing for a Dangerous Dog declaration under M.S Assistant County Attorney Kurt Mortenson administered a sworn declaration to everyone planning to provide information in the case and noted that the police report has been submitted for the record and is part of the evidence. Lieutenant Greg Seim and Public Health Nurse Jessica Metzger briefed the Board on the incident. A German Shepherd dog owned by Christy Bjorgan named Otto caused substantial bodily harm to an 8-year old child on May 12, As a result of this incident, the Sheriff s Office issued a Notice of Dangerous Dog Declaration under M.S through Elroy and Christy Bjorgan, owners of Otto, explained that they had an individual caring for the dog while they were away. Unknown to them, the person caring for the dog brought her 8-year old grandchild with her to the property. They believe the child had treats and may have been teasing the dog through the kennel. When the dog was let out, the child was running away and had treats in her hand. Christy stated that she has brought Otto to nursing homes and other public places and the dog has never displayed aggressive behavior.

4 Page 4 Gary and Barbara Thurman stated that they have known Otto for quite some time. They have played with Otto, took him for walks and observed respectful and mindful behavior at all times. They expressed concern that the dog sitter did not let the Bjorgan s know that she had a child with her and was not watching the child. Discussion took place regarding potential provocation of the dog with treats. Sandy Anderson testified that her husband is a veterinarian and she first met Otto when he was months old and Otto never displayed mean or aggressive behavior. Ms. Anderson and Christy take their dogs to the Pelican Rapids Senior Living Home and give them treats and there has never been a problem. She believes something out of the ordinary must have happened in this case. Discussion continued following testimony. After determining that the dog Otto, owned by Christy Bjorgan, has caused substantial bodily harm on May 12, 2018, a motion was offered by Huebsch, seconded by Froemming and unanimously carried to declare the German Shepherd dog, Otto, a danger to public safety. Motion by Rogness, second by Lindquist and unanimously carried to declare the dog Otto a potentially dangerous dog and as a result, when the dog is outside the kennel, the dog must be muzzled and leashed when off the owners property and muzzled and leashed anytime visitors are on the property. If another bite occurs, the dog will be euthanized. The County Attorney s office will provide the Findings and Order at the next regular County Board meeting. The Appeal Hearing was closed at 11:00 a.m. Hoot Lake Plant Closure Ryan Miller, City of Fergus Falls EIC Planner, submitted a Preliminary Engineering Report regarding the Otter Tail Power Hoot Lake Plant closure and briefed the Board on the process. He stated that the Hoot Lake site will be closed in The engineering report will be completed in three phases; 1) data collection, 2) analysis, and 3) impact evaluation. Potential impacts of the closure are identified at the end of the report along with recommendations. Mr. Miller explained the public input process and stated that another public input meeting will take place late July to identify concepts for future land use to mitigate the loss of revenue due to the closure and dismantling of this plant. Economic Development Director Updates Economic Development Director Nick Leonard updated the Board regarding a proposed Child Care program to be located in New York Mills. He briefed the Board on data collection for areas of the County that will be the most difficult to serve with broadband. Planning Commission Recommendations Conditional Use Permit Wayne, Randy, Gary & Vince Preston and Lisa Langston: Motion by Rogness, second by Froemming and unanimously carried approve a Conditional Use Permit to fill wetland for road access by way of easement as presented. The proposal is located in Pt of GL 7 Com SW Cor (2.90 Acres) & SW¼ SW¼ Ex Trs & GL 7 (38.01 Acres), Section 14 of Elizabeth Township; Jewett Lake (56-877), GD. Preliminary Plat Pelican Lake Park Fourth Addition /Janet Foss & Eileen Scheel: Motion by Huebsch, second by Lindquist and unanimously carried to approve the Preliminary Plat of Janet Foss and Eileen Scheel known as Pelican Lake Park Fourth Addition with a condition as recommended by the Planning Commission. The proposal is located in Part of Lot 16 Pelican Lake Park Third Addition (4.55 Acres), Section 05 of Dunn Township; Pelican Lake (56-786), GD.

5 Page 5 Conditional Use Permit Fox Fishing Frenzy, LLC: Motion by Froemming, second by Rogness and unanimously carried to approve a Conditional Use Permit to construct a pole barn and a driveway to the proposed structure as presented. The proposal is located in Lot 1 Blk 1, Zavoral s Lookout, Section 36 of Candor Township; Loon Lake (56-523), RD. Conditional Use Permit Craig Chmielewski & Sandy Meiser: Motion by Lindquist, second by Froemming and unanimously carried to approve a Conditional Use Permit for site preparation work with required information received by the Land & Resource office on May 25, The parcel is a 2.60 Ac Part GL 3 Known as Tract F in Unrecorded Plat of Leaf Lake Retreat, Section 25 of Leaf Lake Township; East Leaf Lake (56-116), RD. Otter Tail County Highway Department: Motion by Froemming, second by Huebsch and unanimously carried to approve a Conditional Use Permit for S.A.P , reconstruction of CSAH 27 from North Woodland Dr. to CSAH 10 as presented. The project is located on County Highway 27, From a point 222 feet South of the Northwest Section Corner of Section 26-T133N-R43W to a point 1358 feet North of the Southeast Section Corner of Section 34-T134N- R43W (CSAH 27 from North Woodland Drive to CSAH 10). From Station to is within the Shoreland Area, totaling 4,190 feet; Unnamed Lake (56-862), NE. Conditional Use Permit Arneson Holdings: Motion by Froemming, second by Huebsch and unanimously carried to approve a Conditional Use Permit to construct a site for the sale of gas to water traffic on Pelican Lake with a condition as recommended by the Planning Commission. The proposal is located in Pt of GL 5, Section 01 of Scambler Township; Pelican Lake (56-786), GD. Conditional Use Permit Arturo & Erika Escobar: Motion by Huebsch, second by Rogness and unanimously carried to approve a Conditional Use Permit for 15 seasonal recreational comping sites with associated buildings with conditions as recommended by the Planning Commission. The proposal is located in Pt of GL 2 (5.50 Acres), Section 32 of Lida Township; Lake Lida (56-747), GD. Conditional Use Permit Aaron Menze, et al/harms Farm Storage, LLC: Motion by Lindquist, second by Froemming and unanimously carried to approve a Conditional Use Permit for site work for construction of storage buildings as presented. The proposal is located on a Acre Parcel located in the W½ of the NW¼, Section 28 of Otter Tail Township; Unnamed Lake (56-205), NE. Final Plats Motion by Huebsch, second by Froemming and unanimously carried to approve the following Final Plats: Ballard Woods, Gregory Ray Ballard, consisting of non-residential, non-riparian backlots, located in Second Addition to Broadwater Beach, GL 5, Section 7, Twp 137N, R42W, Pelican Lake (56-786) GD. Leaf Lake Partnership, Common Interest Community (CIC) No. 82, 7 units located in GL 2 Section 23, Twp 134N, R 38W, East Leaf Lake (56-116), RD. Ditch #25 Ditch Inspector Kevin Fellbaum and DNR Hydrologist Julie Aadland, discussed water backing up on property owned by Bill & Elaine Schepper in County Ditch #25. Lengthy discussion took place regarding the various elevations between the property and the Big McDonald Lake outlet. Motion by Huebsch, second by Lindquist and unanimously carried to authorize cleaning from Highway 35 to the wetland north of McDonald Lane in Ditch 25.

6 Page 6 Spitzer Lake Emergency Declaration Emergency Manager Patrick Waletzko met with the Board and discussed that an Emergency Declaration for Spitzer Lake flooding should not be authorized until there is information that public infrastructure is compromised. The Public Works Director and Land Division Director are conducting and evaluation. Recess & Reconvene At 12:11 p.m., Chair Johnson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board meeting was reconvened at 12:19 p.m. Sublease for the C.A.R.E. Building County Administrator John Dinsmore briefed the Board on future use of the former Catholic Charities building and the Chemical Addiction Recovery Enterprise building. The State of MN plans to provide chemical dependency treatment in the former Catholic Charities building and Clinicare will provide child/adolescent services in the C.A.R.E. building. Motion by Huebsch, second by Lindquist and unanimously carried to approve Amendment No. 3, Sublease No S between the County of Otter Tail and the State of Minnesota Department of Human Services. The Amendment will finalize the lease with the State of Minnesota for the rental payment of the C.A.R.E. building. Bid Award S.P , STPF 5618(199) After previously advertising for bids, a motion was offered by Rogness, seconded by Froemming and unanimously carried to award the CSAH 67 reconstruction project to the low bidder, Central Specialties, Inc. of Alexandria, MN, in the amount of $1,574,521.38, as recommended by the Highway Engineer. Grant Contract for Pelican Rapids to Maplewood Trail Project Motion by Huebsch, second by Froemming and unanimously carried to authorize the appropriate County Officials signatures to execute a Grant Contract (#R B) between the County of Otter Tail and the State of Minnesota for the purpose of acquiring right of way from US Highway 59 to Maplewood State Park and east to CSAH 34. MN/DOT AGREEMENT NO Otter Tail County Resolution No IT IS RESOLVED that Otter Tail County enter into Mn/DOT Agreement No 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 catch basin repair construction and other associated construction to be performed at the intersection of Trunk Highway No. 106 and County State Aid Highway No. 50 within Otter Tail County under State Project No (T.H. 106=29). IT IS FURTHER RESOLVED that the County Board Chair and The County Board Clerk are authorized to execute the Agreement and any amendments to the Agreement. The motion for the adoption of the foregoing resolution was offered by Commissioner Lindquist, duly seconded by Commissioner Froemming and, after a full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: Commissioners Huebsch, Johnson, Lindquist, Froemming and Rogness and the following voted against the same: None

7 Page 7 Adopted at Fergus Falls, Minnesota this 26 th day of June 2018 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Wayne Johnson, Board Chair Attest: John Dinsmore, Clerk Approval of Liquor Licenses Motion by Huebsch, second by Froemming and unanimously carried to approve the following Liquor License Applications for the period of July 1, 2018 through June 30, 2019: Oakwood LLC, dba Oakwood Supper Club Terron Inc., dba The Pickle Factory Bar and Grill On-Sale and Sunday Liquor On-Sale and Sunday Liquor Housing and Redevelopment Authority (HRA) Board Motion by Lindquist, second by Froemming and unanimously carried to re-appoint Scott Rocholl to the Otter Tail County HRA Board for a five-year term commencing August 1, 2018, and expiring August 2, Adjournment At 12:45 p.m., a motion was offered by Froemming, seconded by Rogness and unanimously carried, to declare the meeting of the Otter Tail County Board of Commissioners adjourned until 8:30 a.m. on Tuesday, July 10, OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Wayne Johnson, Chair Attest: John Dinsmore, Clerk CB/kd

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9 WARRANTS APPROVED ON 6/26/2018 OTC Board of Commissioners Minutes Exhibit A, Page 1

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11 Exhibit A, Page 3

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13 Exhibit A, Page 5