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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 04/15/2003' I • • • • MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Otter Tail County Courthouse Commissioners' Room, Floor 1-8 Tuesday, April 15, 2003 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, April 15, 2003, at 9:30 a.m. at the Otter Tail County Courthouse with Commissioners Malcolm Lee, Chair; Syd Nelson, Vice-Chair; Dennis Mosher, Roger Froemming, and Bob Block present. Approval of Agenda Motion by Froemming, second by Nelson, and unanimously carried to approve the County Board agenda of April 15, 2003, with the following additions: 10:50 a.m. -Solid Waste Director -Request to Fill Position on Temporary Basis Physical Plant Manager -Changed Agenda Items to 1 :00 p.m. 11 :45 a.m. -Capital Improvement Committee Approval of Minutes Motion by Mosher, second by Block, and unanimously carried to approve the County Board minutes of April 8, 2003, as mailed. Detention Facility Inspection Report Detention Facility Administrator, Richard Akerman, provided an excellent Minnesota Department of Corrections inspection report. He stated that the results of this inspection are due to the diligence of all detention staff members. Eligibility List for Detention Officers Motion by Mosher, second by Block, and unanimously carried to authorize the Sheriffs Department to establish an eligibility list for Detention Officers. Bid Opening -S.A.P. 56-652-12 After previously advertising for bids, Highway Engineer, Rick West, opened the following bids at 1 :00 p.m. on April 9, 2003, for reconstruction of CSAH No. 52: Central Specialties, Inc. $1,052,177.01 Alexandria, MN · Bauerly Companies Sauk Rapids, MN Mark Sand & Gravel Acquisition Co. Fergus Falls, MN $1,115,098.57 $1,152,605.48 Tri-City Paving, Inc. $1,345,747.84 Little Falls, MN Motion by Froemming, second by Nelson, and unanimously carried to award S.A.P. 56-652-12, Reconstruction of CSAH No. 52, to the low bidder, Central Specialties, in the amount of $1,052,177.01. OTC Board of Commissioners' Minutes April 15, 2003 Page 2 Bid Opening -S.A.P. 56-653-07 & Etc. After previously advertising for bids, Highway Engineer, Rick West, opened the following bids at 1 :00 p.m. on April 9, 2003, for Overlay Projects: Mark Sand & Gravel Acquisition Co. Fergus Falls, MN . Central Specialties, Inc. Alexandria, MN · Bauerly Companies Sauk Rapids, MN Bid Amount $1,252,500.05 $1,265,615.59 $1 ;412,368.87 Tri-City Paving, Inc. $1,591,562.85 Little Falls, MN Corrected Bid $1,413,868.87 Motion by Nelson, second by Froemming, and unanimously carried , to award S.A.P. 56-653-07 & Etc., Overlay Projects,,to.the low bidder, Mark Sand & Gravel Acquisition Co., in the amount of $1,252,500.05. Right of Way Platting Project Awards The following quotations have been re·ceived by the Highway Engineer for several right of way plat projects: · · · Project Bidder Bid Amount S.P. 56-665-06 Lake Region Surveying $ 8,870.00 CSAH No. 65 Reconstruction from Pelican Rapids, MN ' 215th St. to CSAH No. 67 Anderson Land Surveying, Inc. $12,580.00 Fergus Falls, MN ., Widseth Smith Nolting $12,954.00 Alexandria, MN Interstate Engineering $19,800.00 Fergus Falls, MN S.A.P. 56-667-30 Lake Region Surveying $ 9,870.00 CSAH No. 67 Reconstruction Pelican Rapids, MN From CSAH No. 84 to CSAH No. 58 Anderson Land Surveying, Inc. $12,520.00 Fergus Falls, MN Widseth Smith Nolting $15,394.00 Alexandria, MN . ' ' Interstate Engineering $1 !3,200.00 .. Fergus Falls, MN ' S.A.P. 56-686-01 Lake Region Surveying $ 5,745.00 CSAH No. 86 Reconstruction Pelican Rapids, MN From CSAH No. 15 to TH 210 Anderson Land Surveying, Inc. $ 8,900.00· . Fergus Falls, MN. • , . .. . Interstate 'Engineering . ' $10,200.00 Fergus Falls, MN ' Widseth Smith Nolting $10,777.00 Alexandria, MN 0 0 0 • • • • OTC Board of Commissioners' Minutes April 15, 2003 Page 3 Motion by Lee, second by Mosher, and unanimously carried to award the following right of way plat projects to the low bidder, Lake Region Surveying, as follows: S.P. 56-665-06 (CSAH No. 65) ' $8,870.00 ,).. ; S.A.P. 56-667-30 (CSAH No. 67) $9,870.00 S.A.P. 56-686-01 (CSAH No. 86) · $5,745.00 Approval of Eminent Domain Procedures Mr. West reported that there are seven property owners on a parcel of land that the Highway Department needs to acquire for right of way property for the Pelican Rapids Bridge Project. All property owners have signed paperwork for the acquisition except Cooper E. Stewart. Mr. West requested authority to proceed with eminent domain procedures only if necessary. Motion by Lee, second by Mosher, and unanimously carried to authorize the Highway Engineer to proceed with eminent domain procedures, if necessary, to acquire right of way property for the Pelican Rapids Bridge Project (S.P. 56-696-02, Bridge No. 4610). Approval to Pay Bills Motion by Mosher, second by Block, and unanimously carried to approve payment of County Board bills per Attachment A of these minutes. Opposition to House File No. 1090 Otter Tail County Resolution No. 2003 -23 Commissioner Nelson offered the following_and moved its adoption: WHEREAS, there is pending legislation before the Minnesota legislature contained in House File No. 1090, which proposes to take away all authority of the counties for noxious weeds and gives full authority to the Minnesota Department of Agriculture; and WHEREAS, under the proposed legislation, the Department of Agriculture will be allowed to charge the counties for services whether or not they are needed or requested by the counties; and WHEREAS, the proposed legislation was drafted by the Department of Agriculture without consultation with the counties, the Minnesota Association of Counties, the Minnesota Association of County Agricultural Inspectors; and WHEREAS, the proposed legislation appears to take authority away from counties, but require counties to pay, thus resulting in a cost shift; and WHEREAS, there may be some provisions of the proposed legislation which are appropriate. There are serious flaws with the current bill. NOW, THEREFORE, BE IT RESOLVED that the Otter Tail County Commissioners request that the proposed legislation not be passed in its current form, but that the Minnesota Department of Agriculture be directed to work with the Association of Minnesota Counties, the Minnesota Association of County Ag Inspectors and the counties so that they may have input in changes that could or should be made to the proposed legislation. Commissioner Froemming seconded the motion, and upon being put to vote, was unanimously carried. OTC Board of Commissioners' Minutes April 15, 2003 Page4 Adopted this 15th day of April; 2003. Dated: '-/-~ :2.-0 3 Attest:~~ . Larry roh,Clerk OUNTY BOARD~ ~ISSIONERS By:. ___ ""---....::...!...----'~----'-~------- Malcolm K. Lee, Human Services Chair -0 11 • ,_. County Ditch #21 ., 0 Ditch Inspector, Randy Wasvick, reported that he has received approval from the Department , of Natural Resources to lower. John Lake approximately two feet. Commissioners agreed that it would be appropriate to request the GIS Department to obtain elevations to proceed with clean out on the ditch. · · · · · County Ditch #53 Motion by Nelson, second by Mosher, and unanimously carried to approve the Order Re- Determining Benefits for Ditch #53 as submitted by the County Attorney (Attachment B of the official minutes). License Applications Motion by Nelson, second by Froemming, and unanimously carried to approve the following applications for license: Q Hidden Acres Renewal of Consumption and Display Permit Vergas MN 56587 Rocky's Resort Dent, MN 56528 Woody's Blue Horizon Perham, MN 56573 Renewal of Consumption and Display Permit Renewal of Consumption and Display Permit . Payment Approval _ Motion by Mosher, second by Block, and. unanimously, carried to approve. payment for services provided under the provision of Minnesota Statute 609.35 as follows: Lake Region Healthcare $900.00 Else Malbraaten · · $250.00 Temporary Position Hiring Motion by Lee, second by Mosher, and unanimously carried to authorize the Solid Waste Director to hire a temporary employee to assist during a six-week' leave of absence. · ·' , · Plannin'g Commission Recommendations Preliminary Plat -"Yellow Lab Beach'1/Bruce & Marsha. Qvammen: Land & Resource Director, Bill Kalar, stated that "Yellow Lab Beach"· is a proposed subdivision on Lake. Franklin. The· Planning Commission recommended approval of the 0 subdivision with conditions. Motion by Lee, second by Block, to approve the Preliminary Plat of "Yellow Lab Beach" with conditions as .recommended by the Planning Commission. • • • OTC Board of Commissioners' Minutes April 15, 2003 Page 5 Attorney, Robert Bigwood, representing the owners of the peninsula, provided copies of the plat. He stated that the 50-60 acre peninsula on Franklin Lake is not shown. He stated that there have been conversations approximately a year ago about acquiring potential access to the dedicated road; however, this proposed plat does not comply with Section V.1.g. of the County's plat requirements of not providing a hardship to other properties. The proposed plat does not provide access to the neighboring property and the owners of that property are willing to meet with the Qvammens to pay for appropriate access. He requested that this plat not be approved until this issue can be resolved because it does not meet the requirements as proposed. Attorney, Brant Beeson, representing the applicant, provided information from a Supreme Court ruling, referred to as the "Daniels Case", that, in his opinion, changes the definition of landlocked land. His position, based on this case, is that the neighboring property is not landlocked because it can be accessed by water. County Attorney, David Hauser, responded that he has reviewed that case, and in his opinion, it is different than what is being considered today. The County has the authority to zone and plat land. In the County's Ordinance, there is language about not landlocking property and in creating roads that go through. Mr. Hauser stated that the County Board would not be prohibited to provide access based on the "Daniels Case". Mr. Bigwood stated that the County's Ordinance has firm language and provides that road arrangements shall not be such as to create a hardship to neighbors and provide road access to a public road . Following discussion, Brant Beeson, on behalf of the applicant, agreed to waive the 60 day rule. The motion and second to approve the plat were withdrawn. Motion by Lee, second by Mosher, and unanimously carried to refer the Preliminary Plat known as "Yellow Lab Beach" back to the Planning Commission for further research regarding the road access to the landlocked property with the applicant's approval to waive the 60 day rule. This property is described as Pt of GL 7 & 8 (6.58 Ac) in Section 27 and Pt of GL 2 & 3 (28.26 Ac) in Section 34 of Dunn Township; Franklin Lake (56-759). Conditional Use Permit-Dora and Candor Township: Motion by Lee, second by Nelson, and unanimously carried to approve a Conditional Use Permit to reconstruct 460th St. from Co. Rd. #4, 2½ miles west to the dead end with conditions as recommended by the Planning Commission. The property is described as 460th St. from Co. Hwy #4, west 2½ miles of road, Section 4, 5 & 6 of Dora Township and Sections 32, 33 & 34 of Candor Township; Unnamed Lake (56-524), Loon Lake (56-523) and West Spirit Lake (56-502). Preliminary Plat & Conditional Use Permit -"Jamie/ind Shores'1/Jamielind, Inc: Motion by Nelson, second by Froemming, and unanimously carried to approve the Preliminary Plat known as "Jamielind Shores" consisting of 1 O lots for single family residential use and to approve a Conditional Use Permit to construct a road to service the plat with conditions as recommended by the Planning Commission. The property is described as W ½ of Lot 4 & Lots 5 & 6 (87.31 Ac), Section 29 & Lot 6 ex sub lot 1 (52.18 Ac), Section 30 of Edna Township; Big McDonald Lake (56-386). OTC Boa.rd of Commissioners' Minutes April 15, 2003 Page 6 Conditional Use Permit-· "Cross Point Resort''/Daniel & Jane Wood: • Motion by Lee, second by Mosher;· and unanimously carried to approve a Conditional Use Permit to increase campsite licensure from 18 to 28 sites with conditions as recommended by the Planning Commission. This property is described as GL 1 ex tr, ex platted, Section 5 of Maplewood Township; Lake Lida (56-747): Conditional Use Permit:... Dean & Mary Nelson: , Motion by-Lee, second by Block, and unanimously carried to approve a Conditional Use Permit to expand a commercial operation as presented. The property is described as SE¼ SW¼, NW¼ SE¼ & NE¼ SW¼ ex tracts (96.47 Ac), Section 10 of Erhards Grove; Horseshoe Lake (56-895). · '' Preliminary Plat & Conditional Use Permit-"Spanswick Second Addition'1/Richard Spanswick: Lengthy discussion took place regarding· the · potential of two unmarked gravesites on this property. Motion by Froemming, second by Nelson and unanimously carried to' approve the Preliminary Plat known as "Spanswick Second Addition" consisting of 8 lots for single family residential use and to approve a Conditional Use Permit to construct a road to service the plat with the condition that a notation must be included on the final plat that there are unmarked gravesites in the Northwest corner of this plat in the bluff area. In the event that the gravesites are positively identified, the notation should include a more specific location. The property is described as Pt of GL's 2 '& 3, Section 4 of Girard Township; Hanson Lake (56-197).' . <. ..• 0 Ag Inspector's Annual Report Q Motion by Nelson, second by Froemming, and unanimously carried to authorize the Chair's signature on the CY2002 County Agriculture Inspector's Annual Report and Summary. Seasonal Employees for Land & Resource Department Motion by Mosher, second by Block, and unanimously carried to fill three seasonal positions . in the Land & Resource Department. · · Recess & Reconvene At 12:11 p.m., Chair Lee declared the meeting of the Otter Tail County Board of Commissioners recessed.for lunch break. •The meeting was reconvened at 1 :21 p.m . .. Quit Claim Deed Motion by Froemming, second by Mosher, and unanimously carried to authorize the Chair's signature to execute a Quit Claim Deed between the County of Otter Tail and Lynda R. Meyer. -· Facility Planning Group · · ' Physical Plant Manager, Rick Sytsma, requested participation by a County Board member on the Facility Planning Group in planning. the next phase of the Courthouse remodeling. Chairman Lee appointed Commissioner Block to serve on this committee. Landscape Package Mr. Sytsma reported that the last major package for requesting bids relative• to the Government Services Center is the Landscape Package. Lengthy discussion followed regarding the Landscape Request for Proposal. Motion by Nelson, second by Froemming, 0 • • • OTC Board of Commissioners' Minutes April 15, 2003 Page 7 and unanimously carried to authorize the Physical Plant Manager to advertise for bids for landscaping at the Government Services Center requesting a type of turf grass for the seeding requirements. Fiber Optic Package Mr. Sytsma reported that a vendor requested that the County consider leasing fiber for communications to the Government Services Center rather than installing fiber based on a previous request for proposal. Mr. Sytsma stated that an engineer handled this particular bid package, considered all options, and gave the County a recommendation. Installation of the fiber has been bid out and awarded. Motion by Block, second by Froemming, and carried with Mosher opposed, to proceed with the placement of fiber as previously awarded and to authorize the Chair's signature to execute an agreement (Section 00500) between Otter Tail County and Moorhead Electric, Inc. Purchase/Lease of Two Vehicles Motion by Nelson, second by Mosher, and unanimously carried to purchase one vehicle and lease one vehicle from the state contract through Nelson Dodge GMC as requested by the Assessor. The municipal lease plan is a three-year lease with a buy out option. Closed to the Public At 1 :57 p.m., Chairman Lee declared the meeting of the Otter Tail County Board of Commissioners closed to the public for the purpose of evaluating the performance of County Coordinator, Larry Krohn, pursuant to M.S. Chapter 13D.05 Subd. 3. All five seated commissioners were present for the evaluation. A summary of performance conclusions will be provided at the next regular County Board meeting. Adjournment At 2:15 p.m., upon conclusion of the performance evaluation, Chairman Lee declared the meeting of the Otter Tail County Board of Commissioners adjourned until Tuesday, April 22, 2003. Dated: t)L.f /2-,"?)0 3 CB/kd 0 ., . ..: .. ' 0 " ,. ' \ 0 .. • 4/15/2003 12:43:26 • • Otter Tail County Warrants April 15, 2003 Page 1, Attachment A OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION WARRANTS APPROVED ON 4/15/2003 FOR PAYMENT VENDOR NAME A-1 LOCK AND KEY RICHARD AKERMAN AMERICAN INSTITUTIONAL SUPPLY, APPLIED CONCEPTS, INC. ARAMARK CORRECTIONAL SERVICES ASSOCIATION OF MN COUNTIES. AUTO SAFETY SERVICE BATTLE LAKE STANDARD BEAR GRAPHICS INC. BETTY'S PANTRY ·BL EXPRESS BOB'S STANDARD BULK SERVICE BRANDON COMMUNICATIONS INC BROADWAY PHOTO CADD ENGINEERING SUPPLY INC CAROLINA SOFTWARE CASEY'S GENERAL STORES, INC. DAN CHARLSON CO-OP SERVICES INC COOPER'S TECHNOLOGY GROUP COPY EQUIPMENT INC. · DAVID COSSETTE VINCE CRARY CROSSCOUNTRY COURIER, INC. CULLIGAN CUTLER MAGNER COMPANY DACOTAH PAPER COMPANY THE DAILY JOURNAL DARLING'S SALES & SERVICE JACK DAWKINS DEPARTMENT OF PUBLIC SAFETY DEPT OF LABOR & INDUSTRY MICHAEL DESMOND DON'S SERVICE ENERGY PARTNERS, LLC ERHARD VILLAGE STORE EVERGREEN EQUIPMENT INC. FARM & HOME PUBLISHERS LTD. FARNAM'S GENUINE PARTS, INC FERGUS FALLS MEDICAL GROUP FERGUS FALLS POLICE DEPARTMENT CITY FERGUS FALLS BARRY FITZGIBBONS FORCE AMERICA ROGER FROEMMING G & K SERVICES DONNA GEISER GENERAL PARTS INC GOODIN COMPANY AMOUNT 117.48 5. 73. 240.53 299.02 4,775.26 300.00 138.92 124.20 185.12 95.85 62.85 3 9. 53 232.34 354.99 156.99 250.00 389.93 l,543.02 3,201.19 743.48 10.06 21.23 133.31 50.64 111.84 2,451.44 93.92 2,366.52 3,302.12 24.00 510.00 30.00 1,660.65 19.77 129.25 889.69 27. 64 938.00 476.71 439.00 328.19 4,888.58 48.89 292.95 271.20 2,354.75 151.66 126.74 8.90 IFD66 COUNTY 56 PAGE 1 4/15/2003 Otter Tail County Warrants April 15, 2003 Page 2, Attachment A 4/15/2003 12:43:26 OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION . IFD66 COUNTY 56 PAGE 2 WARRANTS APPROVED ON 4/15/2003 FOR PAYMENT 4/15/2003 VENDOR NAME GR GRAPHICS INC GRAND VIEW LODGE GRAYARC ERVIN HAGEN .HALL GMC INC STEVE HANDEGAARD NICOLE HANSEN HEALTH CARE INCINERATORS CITY HENNING . DOUG HOLEN HOMESTEAD BUILDING SUPPLIES H20 INC. INDOFF INCORPORATED INSIGHT INSIGHT PUBLIC SECTOR INTERTECHNOLOGIES GROUP JILL JACKSON JJ'S GAS AND GROCERIES MICHELLE JORGENSON KELLY SERVICES INC. JEFFREY KERR KOEP'S CLITHERALL CORNER L & L SERVICE LAKE REGION HEALTHCARE LAKELAND MENTAL HEALTH CENTER LAKEWAY MARKET LARRY OTT INC. TRUCK SERVICE LAWSON PRODUCTS INC. MARIE LEVANG LITTLE FALLS MACHINE INC. LOCATORS & SUPPLIES INC. M.A.R.S. M-R SIGN CO. . MAIN STREET EXPRESS MAIN STREET GAS & GOODS LLP HERMAN MARQUARDT MATHISON COMPANY MATTHEW BENDER & COMPANY INC. MAXIMUS INC . MCHRMA THE MIDWEEK MIDWEST PRINTING CO. MILLER & HOLMES INC. MN POLLUTION CONTROL AGENCY MN STATE AUDITOR MN VIEWERS ASSOCIATION JIM MYHRE NELSON DODGE GMC POLARIS KEVIN NEWBORG AMOUNT 200.16 1,188.00 , 3 6 .12 13.60 880.75 41.92 172.45 78.00 900.00· 56.17 398.76 162.00 2,298.27 490.00 624.07 .304.20 15.10 79.51 4.10 1,490.57 13.50 13.00 T 66.84 1,250.00 557.50 1,690.52 625.00 70.09 148.39 . 384.19 2,057.79 150.00 1,697.25 123.45 574.95 .. 5,420.42 142:35 470.05. 3,110.00 170.00 76.64 32.64 780.30 210.00 7,251.03 225.00 5.10 40,094.00 218.48 0 0 0 • 4/15/2003 12:43:26 • • Otter Tail County Warrants April 15, 2003 Page 3, Attachment A OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION WARRANTS APPROVED ON 4/15/2003 FOR PAYMENT VENDOR NAME NORTH UNION TEXACO OTTER TAIL CO DETENTION FACILI OTTER TAIL CO TREASURER OTTER TAIL TELCOM PAMIDA INC. PAMIDA PHARMACY PARK REGION COOPERATIVE PEBBLE LAKE TAKE 5 PELICAN CASH & DASH PENROSE OIL COMPANY PERHAM AREA EMS PERHAM CO-OP CREAMERY PERHAM SAND & GRAVEL CITY PERHAM PETE'S AMOCO. DAVID PETERSON PIONEER RIM & WHEEL CO. PITNEY BOWES INC. · PRO AG FARMERS COOPERATIVE PRO-WEST & ASSOCIATES INC. QUALITY TOYOTA SAMMY'S ONE STOP CHERI SCHULTZ SCOTT HOFLAND CONSTRUCTION INC GREG SEIM SERVICE FOOD SUPERVALU SEWER SERVICE SHERWIN WILLIAMS SON'S ELECTRIC & APPLIANCE SER SOUTHTOWN C-STORE STENERSON LUMBER STEVE'S SANITATION STOP-N-GO STORES INC. SWANSTON EQUIPMENT CORP. SWEENEY BROS. TRACTOR CO. THANE HAWKINS POLAR CHEVROLET THYSSEN KRUPP ELEVATOR CORPORA UNITED RENTALS INC UNIVERSITY OF MINNESOTA UNIVERSITY OF MN VALLEY SOFT WATER VARITECH INDUSTRIES VICTOR LUNDEEN COMPANY VIKING COCA-COLA VOSS LIGHTING WADENA CO SHERIFF WASTE MANAGEMENT RANDY WASVICK WEST CENTRAL JAIL ADMIN ASSN AMOUNT 462.38 . 260.00 4,288.00 495.35 47.24 4,546.53 1,352.34 189.26 228.40 801. 63 282.59 2,480.26 1,183.94 49,467.52 840.71 15.02 671.54 502.66 53 8. 95 45.00 92.00 108.82 40.59 3,310.00 27.01 51.32 790.00 40.02 48.50 294.06 11.70 1,523.00 665.34 270.51 84.26 33,617.32 2,019.26 777.18 150.00 180.00 36 .. 16 32.59 535.34 37.80 137.53 31. 75 542.75 75.43 20.00 IFD66 COUNTY 56 PAGE 3 4/15/2003 OtterTail County Warrants April 15, 2003 Page 4, Attachment A 4/15/2003 12:43:26 PANELSON OTTER TAIL COUNTY AUDITOR RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION IFD66 COUNTY 56 PAGE 4 WARRANTS APPROVED ON 4/15/2003 FOR PAYMENT 4/15/2003 **** VENDOR NAME WEST GROUP PAYMENT CTR. WESTSIDE MOBILE CARQUEST DARYL ZEISE ZIEGLER INC. FINAL TOTAL ...... . AMOUNT 620.75 , 12 .60 . 11,223.00-- 249.12 $238,831.34 **** 0 0 0 ST ATE OF MINNESOTA OTC Board of Commissioners' Minutes April 15, 2003 Page 1, Attachment B • COUNTY OF OTTERTAIL • In the Matter of: County Ditch 53, Otter Tail County, Minnesota ) ) ) ORDER RE-DETERMINING BENEFITS FOR DITCH #53 BY THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS, DRAINAGE AUTHORITY The Otter Tail County Board of Commissioners, having ordered a redetermination of benefits for Ditch #53, held a public hearing on March 4, 2003, at which time it was determined that more information was needed, and at a County Board meeting held or(April I, 2003, the County Board received the additional information. The Board, having received the viewers' report, having viewed all the information herein, and being fully advised in the premises, makes the following Findings and Order re-determining benefits: FINDINGS I. The ditch was established on December 22, 1915, the benefits were set at $5,712.50, and the benefits had not been re-determined since that time. II. The original benefits determined in the drainage proceeding did not reflect reasonable present-day land values, and the benefited areas have changed since the original determination of benefits. III. Howard Goese, Eldor Kugler, and Richard Carlund were appointed as ditch viewers for the re-determination of benefits. The ditch viewers submitted their report to the drainage • authority. A public hearing was held March 4, 2003, to consider the ditch viewers' report, at 0 0 ' ' 0 (' -. OTC Board of Commissioners' Minutes April 15, 2003 Page 2, Attachment B which time it appeared that some additional infonnation should be obtained to deterniine'wnether • or not some additional land to the northwest of the basin should be included. • • IV. The additional land to the northwest is beyond a rise of!and and does not drain into the ditch basin. V. The viewers' report as presented to the drainage authority on March 4, 2003, a copy of which is attached hereto and incorporated by reference, accurately reflects the area benefited by Ditch #53, and the principles for detennining benefits contained in Chapter I 03E of the Minnesota Statutes have been followed. ORDER NOW, THEREFORE, IT IS HEREBY ORDERED that the benefits for Ditch #53 are Malcolm Lee, Chainnan Otter Tail County Board of Commissioners 2 ., 0 0 0