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Minutes of the
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Commissioners' Room, Floor 1-B
Otter Tail County Courthouse
Wednesday, March 25, 1992
1:00 p.m.
Call To Order
The Otter Tail County Board of Commissioners convened Wednesday, March 25, 1992, at
1:00 p.m. at the Otter Tail County Courthouse with Commissioners Andy Lindquist,
Chairman; Harley Windels, Bill Stone, Malcolm Lee and Virginia Partmann present.
Minutes Approved
Motion by Lee, seconded Windels, and carried to approve the March 18, 1992, minutes as
submitted.
New Assessor
The Board welcomed Bob Moe, in his new position as the otter Tail County Assessor.
County Attorney's Office Update
County Attorney, Wally Senyk, provided an overview to the Board on the organizational
structure of the County Attorney's staff, their activities and a comparison of the
number of files opened in past years.
Cancellation of Certificate of Forfeiture Resolution
Motion by Windels, seconded by Partmann and carried to adopt the following resolution
approving the application for cancellation of Certificate of Forfeiture.
RESOLVED, by the County Board of Otter Tail County, Minnesota, having examined into the
allegation of the application of Wayne Stein, County Auditor, dated March 25th, 1992,
for the cancellation of the County Auditor's Certificate of Forfeiture as to certain
lands described in said application as Village of Richville: Unplatted Lands, Beg. 25'
from Ry on W Line, Meadows St. NW 200', SW 200', SE 135 1/2', SE to St. NW 420' to Beg.
Pt. of SE 1/4 of NW 1/4, Section 17 Township 135 Range 39, and finding the allegations
of said applicant to be true, that this Board hereby approves said application and
recommends that the same be granted.
Adopted at Fergus Falls, MN, this 25th day of March, 1992.
Dated: tlp1,jb/, /~ OTTER TAIL COUNTY
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Otter Tail County Board of Commissioners
March 25, 1992
Page 2
Transfer of Funds
Motion by Lee, seconded Windels, and unanimously carried to approve transferring
$6,319.86 from the County Building Fund to the Road and Bridge Fund for funds expended
from the Road and Bridge Fund during 1991 for overhead doors that were installed at the
Fergus Falls garage.
Set-Up License Applications
Motion by Lee, seconded Partmann, and unanimously carried to approve the following
applications for a Set-Up License:
WEE VILLA RESORT LODGE
Rita/Ron Krog & Donna/Steven Hauge
Fergus Falls, MN
ROCKY'S RESORT
Stephen G. Kunz & Mike Scouten
Dent, MN
Lawful Gambling License Application
An Application for Exemption from Lawful Gambling License was acknowledged for Ducks
Unlimited, Pelican Rapids Chapter for raffles at the Pelican Supper Club with no
objection by the Board.
Redistricting -Special Meeting Scheduled
Motion by Windels, seconded Partmann, and carried to schedule a special meeting
regarding the redistricting matter for April 15, 1992, at 2:00 p.m.
Premise Permit Application
Upon a motion by Lee, seconded Windels and unanimously carried, the Otter Tail County
Board of Commissioners adopted the following resolution:
WHEREAS, the responsibility for the regulation of lawful gambling and the issuance of
licenses and permits for the conduct of lawful gambling lies with the Minnesota Gambling
Control Board; and
WHEREAS, the Pelican Rapids Firemen's Relief Assn. has made application to the Gambling
Control Board for a premises permit to conduct lawful gambling at the Pelican Supper
Club in Pelican Township of Otter Tail County; and
WHEREAS, Minnesota Statutes 349.213 provides that the Gambling Control Board may not
issue a premise permit unless they receive a resolution from the County Board approving
the permit; and
WHEREAS, the Otter Tail County Board is aware of no reason to oppose the conduct of
lawful gambling by the Pelican Rapids Firemen's Relief Assn. at the Pelican Supper Club;
and
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Otter Tail County Board of Commissioners
hereby approves the conduct of lawful gambling by the Pelican Rapids Firemen's Relief
Assn. at the Pelican Supper Club in Pelicari Township of Otter Tail County, provided that
the applicant meets all the necessary criteria for the licenses and permits required by
the Gambling Control Board.
Otter Tail County Board of Commissioners
March 25, 1992
Page 3
IT IS FURTHER RESOLVED, that notice of this application and approval shall be provided
to the Town Board of Pelican Township by sending them a copy of this resolution.
Adopted this 25th day of March, 1992.
Dated: <2.p/4//J I, /qy?Y OTTER TAIL COUNTY
i.arry;ohn, Clerk
Premise Permit Application
Upon a motion by Windels, seconded Lee, and unanimously carried, the Otter Tail County
Board of Commissioners adopted the following resolution:
WHEREAS, the responsibility for the regulation of lawful gambling and the issuance of
licenses and permits for the conduct of lawful gambling lies with the Minnesota Gambling
Control Board; and
WHEREAS, the Perham Lions Club has made application to the Gambling Control Board for a
premises permit to conduct lawful gambling at the Cactus Gardens in Perham Township of
Otter Tail County; and
WHEREAS, Minnesota Statutes 349.213 provides that the Gambling Control Board may not
issue a premise permit unless they receive a resolution from the County Board approving
the permit; and
WHEREAS, the Otter Tail County Board is aware of no reason to oppose the conduct of
lawful gambling by the Perham Lions Club at the Cactus Gardens; and
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Otter Tail County Board of Commissioners
hereby approves the conduct of lawful gambling by the Perham Lions Club at the Cactus
Gardens in Perham Township of Otter Tail County, provided that the applicant meets all
the necessary criteria for the licenses and permits required by the Gambling Control
Board.
IT IS FURTHER RESOLVED, that notice of this application and approval shall be provided
to the Town Board of Perham Township by sending them a copy of this resolution.
Adopted this 25th day of March, 1992.
OTTER TAIL COMMISSIONERS
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Otter Tail County Board of Commissioners
March 25, 1992
Page 4
Premise Permit Application
Upon a motion by Windels, seconded Lee, and unanimously carried, the Otter Tail County
Board of Commissioners adopted the following resolution:
WHEREAS, the responsibility for the regulation of lawful gambling and the issuance of
licenses and permits for the conduct of lawful gambling lies with the Minnesota Gambling
Control Board; and
WHEREAS, the Perham Lions Club has made application to the Gambling Control Board for a
premises permit to conduct lawful gambling at the Colonial Lounge in Perham Township of
Otter Tail County; and
WHEREAS, Minnesota Statutes 349.213 provides that the Gambling Control Board may not
issue a premise permit unless they receive a resolution from the County Board approving
the permit; and
WHEREAS, the Otter Tail County Board is aware of no reason to oppose the conduct of
lawful gambling by the Perham Lions Club at the Colonial Lounge; and
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Otter Tail County Board of Commissioners
hereby approves the conduct of lawful gambling by the Perham Lions Club at the Colonial
Lounge in Perham Township of Otter Tail County, provided that the applicant meets all
the necessary criteria for the licenses and permits required by the Gambling Control
Board.
IT IS FURTHER RESOLVED, that notice of this application and approval shall be provided
to the Town Board of Perham Township by sending them a copy of this resolution.
Adopted this 25th day of March, 1992.
OTTER TAIL D OF COMMISSIONERS
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Property Transfer Endorsed
Motion by Partmann, seconded Windels, and unanimously carried to adopt the following
resolution:
WHEREAS, housing costs often exceed 50% of the incomes of the poor in Otter Tail County
and a waiting list for rent assistance programs sometime require a three year wait, and
WHEREAS, Habitat for Humanity has the unique ability to turn homeless persons into
homeowners without the use of Government funds, and w THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners support the
transfer of the Orwell Dam House to the otter Tail-Wadena Community Action Council to
enable the Community Action Council to donate the property to the Fergus Falls Area
Habitat for Humanity.
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Otter Tail County Board of Commissioners
March 25, 1992
Page 5
Adopted this 25th day of March, 1992.
Dated: /Jp1£'fl I, l(jtJJ--" OTTER TAIL
Attest:
~ Larry K hn?
Law Library Rent
OF COMMISSIONERS
The County Attorney brought a letter stating his opinion regarding the Board's motion of
March 18, 1992, to require the Law Library to pay $1,000 per month rent for office space
with the monies to be allocated to the Building Maintenance Fund. It was his opinion
that the law requires the County Board to provide space for the Law Library without
charge.
After discussion regarding the ambiguities in the language of the statute, the Board, in
a motion by Lee, seconded Stone, and unanimously carried with a roll call vote, upheld
it's former motion to require $1,000 per month rent be charged to the Law Library with
these charges retroactive to January 1, 1992.
Roll Call Vote:
Aye: Lee, Windels, Lindquist, Stone and Partmann
Nay: None
Position Authorized
Motion by Partmann, seconded Windels, and unanimously carried to authorize the hiring
replacement for a Solid Waste Attendant position at the Pelican Rapids location.
Hauler's License Approved
Motion by Lee, seconded Partmann, and unanimously carried to approve the Hauler#s
License Application of Charles Svare, c & J Lake Service.
Minnesota Resource Recovery Assn.
Motion by Fortmann, seconded Windels, and unanimously carried to decline membership in
the Minnesota Resource Recovery Association. The 1992 membership dues for Otter Tail
County were assessed at $500.
Solid Waste Issues
Various Solid Waste issues which included a cost analysis comparison regarding the two
landfills and related options were discussed with the Board. Handout materials were
provided with further discussion scheduled for 10:00 a.m. at the April 1, 1992, Board
meeting.
Project SAP 56-648-05 & Etc. Bituminous Overlay
Motion by Lee, seconded Partmann, and unanimously carried to accept the recommendation
of the Highway Engineer and award the bid of Project SAP 56-648-05 & Etc. -Bituminous
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. . Otter Tail County Board of Commissioners
March 25, 1992
Page 6
Overlay to the low bidder, Mark Sand & Gravel Company, Fergus Falls, MN, in the amount
of $609,633.09.
Bid Opening Date: SP 56-667-20 & SP 56-640-04
Motion by Lee, seconded Windels, and unanimously carried to concur with the Commissioner
of Transportation's bid opening date of April 22, 1992, at 1:30 p.m. for Projects
SP 56-667-20 & SP 56-640-04.
Photo Release Request
Motion by Windels, seconded Stone, and unanimously carried to allow Jeff Kirkvold to use
photographs he has taken of the Phelps Mill Park for his own commercial purposes.
Mr. Kirkvold, in obtaining this property release, does not have any exclusive rights to
photograph the Park. A consideration of an 8x10'" photo of Phelps Mill for use in the
Commissioners' Room, is to be included as a request.
Annual County Boat & water Safety Agreement
Motion by Lee, seconded stone, and unanimously carried to authorize the Board's Chairman
to execute the 1992 Annual County Boat & Water Safety Agreement with the State of
Minnesota.
Wetland Conservation Act Moratorium Resolution
Motion by Windels, seconded Partmann, and carried, the following resolution was adopted:
0 RESOLVED, by the Board of County Commissioners of Otter Tail County, Minnesota, that
WHEREAS, near the close of the 1991 legislative session, the Minnesota Legislature
passed the Wetland Conservation Act of 1991 which provided for the interim guidelines to
be effective on January 1, 1992, and prohibited certain activities in wetlands after
that date; and
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WHEREAS, in December of 1991, Legislative Analyst John Helland, of the Minnesota House
of Representatives Research Department, identified six ''Major Unresolved Issues" in
regard to the Wetland Conservation Act, which remain unresolved today; and
WHEREAS, Otter Tail County's efforts to comply with the Wetland Conservation Act have
demonstrated that significant confusion and contradiction exists in regard to the
requirements of the law, even among those who are responsible for its administration on
the state level; and
WHEREAS, the state legislature has not adequately addressed the funding requirements for
such an extensive regulatory program and has required counties to assume responsibility
and costs for the administration of the local program and threatened to stop all
activity in wetlands within the county; and
WHEREAS, application of the Interim Guideline Regulations to Agricultural and
Construction Activities in 1991 will virtually halt much of the work in those areas,
because there is not sufficient time to comply with the requirements of the act, even if
those requirements were clear; and
WHEREAS, the economic impact of stopping an entire season of such agricultural and
construction work will be devastating to an already struggling economy ion most areas of
Minnesota, including Otter Tail County.
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··~tter Tail County Board of Commissioners
March 25, 1992
Page 7
NOW, THEREFORE, BE IT RESOLVED that the Otter Tail County Board of Commissioners
strongly supports the following:
1. A moratorium or delay in the implementation of the regulatory requirements of the
Wetland Conservation Act of 1991 until July 1, 1993.
2. Legislation providing an adequate funding mechanism for the costs of implementation
of the Wetland Conservation Rules for counties and other local units of government
who are mandated to assume responsibility under the act.
Adopted at Fergus Falls, Minnesota, this 25th day of March, 1992.
Dated: ~ /, ltl'fY
Attest:
Position Authorized
Motion by Lee, seconded Partmann, and unanimously carried to authorize the Court
Administrator to post internally for the filling of the Chief Deputy Court Administrator
position, created by promotion. Process to follow normal procedures through the
Coordinator's Office.
Adjournment
Closed to Public
At 3:25 p.m., Chairman Lindquist declared the meeting adjourned and closed to the public
for purposes of discussing labor negotiation strategies with the county's collective
bargaining units. Next Board meeting is scheduled for 9:30 a.m. on April 1, 1992.
OTTER TAIL OF COMMISSIONERS
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