HomeMy WebLinkAboutBoard of Commissioners - Minutes - 09/23/19920
0
Minutes of the
OTTER TAIL COUN'l'Y BOARD OF COMMISSIONERS
Commissioners' Room, Floor 1-B
Otter Tail county Courthouse
Wednesday, September 23, 1992
1,00 p.m.
Call To Order
The Otter Tail County Board of Commissioners convened Wednesday, September 23, 1992, at
1:00 p.m. at the Otter Tail County Courthouse with Commissioners Malcolm Lee,
Vice-Chairman; Harley Windels, Bill Stone and Virginia Fortmann present. commissioner
and Chairman, Andy Lindquist, was out of town.
Minutes Approved
Motion by Partmann, seconded Windels and unanimously carried to approve the
September 16, 1992, minutes as submitted.
Henning Transfer Station Road
Representatives of Henning Township, Allen Alberg and David Holmgren, met with the Board
to discuss various options regarding possible solutions to the problem of the township
road leading to the Henning Transfer Station. After lengthy discussion on various
solutions, it was agreed that Henning Township representatives would consider options
discussed and meet again with the Board. Options discussed were shared costs baaed on
road usage. After traffic count studies, it was determined that Otter Tail County has a
42% usage. Options discussed included paving the road; using a chloride calcium
product, and the feasibility of using crushed recycled tar. Pros/cons and costs of each
application was estimated by the Highway Engineer.
Abatements
Motion by Fortmann, seconded Windels and unanimously carried to approve the following
applications for abatement,
Erhards Grove Township:
Rodney Lehn 24-300-50-0040-000
Abate to 75% homestead. Card was filed on September 4th, 1992.
Lida Township:
John and Dorothy Lowe 37-000-99-0807-000
Abate to reduce the land valuation. There was an error in assessing.
Pelican Township: o Tammie Schroeder S0-300-50-0074-000
Abate to 75% homestead. Card was received on September 21, 1992,
0
0
' Otter Tail County Board of Commissioners
September 23, 1992
Page 2
Fergus Falls City:
Kraig A. and Kristi L. Stengrim 71-002-99-0374-000
Abate this parcel to 75\ homestead. Applied May 1, 1992 for an abatement. Abatement
placed on hold until a copy of the purchase agreement was provided to the Assessor's
Office.
Ottertail city:
James and Patricia Ahlfs 74-000-99-0146-002
Abate to correct the tax capacity as the incorrect percentage was used during
calculating of the tax.
Establishment of Tax Increment Financing District
Auditor, Wayne Stein, provided information to the Board on an upcoming joint meeting of
the Fergus Falls Port Authority and the Fergus Falls City Council on Monday,
October 12, 1992, at 5:00 p.m. in the Fergus Falls City Council Chambers. This meeting
is to discuss the modification of Industrial Development District No. 1 and the
establishment of Tax Increment District No. 1-6. Both Commissioner Virginia Portmann
and Auditor Wayne Stein will attend to express the County's concern regarding possible
tax impact.
Non-Intoxicating Malt Liquor License
Motion by Windels, seconded Stone and unanimously carried to approve the following
application for a Non-Intoxicating Malt Liquor License:
Wee Villa Resort
William O. Clark
Fergus Falls, MN
On-sale/Off-sale Non-
Intoxicating Malt Liquor
License and a Set-up License
Absentee Ballot Counting Board Reimbursement
Motion by Windels, seconded Partmann and unanimously carried to authorize the payment of
$5.00 per hour and 27.5 cents per mile to those individuals serving on the Absentee
Ballot Counting Board for the 1992 State Primary and General Election.
Delinquent· Personal Property Tax
Motion by Stone, seconded Portmann and unanimously carried to place all delinquent 1992
personal property taxes into judgment, and the following report of the County Board of
the County of Otter Tail, State of Minnesota, of uncollected personal property taxes for
the year 1992 is presented this 23rd day of September, 1992:
BE IT KNOWN THAT, the County Board of Otter Tail County, Minnesota did meet in session
on the 23rd of September, 1992, that at said session the County Auditor of said County
delivered to said Board the list of uncollected personal property taxes for the year
1992, together with the Sheriff's Certificate as required by law, and that at said
session the Board did duly consider said list of uncollected taxes. The following is a
correct list of said uncollected personal property taxes in said County for the year o 1992, and that the Court Administrator is ordered to issue citations thereon, to wit:
o~ter Tail County Board of Commissioners
September 23, 1992
Page 3
Name & Location Tax
Penalty
& Coats Total
UDalton Ag Service 4,744.00 674.14 5,418.14
0
City of Dalton
Dennis Fraki 98.00
City of Henning
Steve Rundquist 78.00
Adopted this 23rd day of September, 1992.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS:
17.89 115. 89
14.29 92.29
Dated:_~l~0_-_1L..:C-~q"-"2:'.'.'-----OTTER TAIL COUNTY COMMISSIONERS
;"'
By ' ,
lcolm-K':'
Attest: Andy Lindqui
Clerk
Liquor License Refund Request
Motion by Windels, seconded Partmann and unamiously carried to refer the request of
Mabel Murphy's for a partial refund of their liquor license fee due to the annexation
into the City of Fergus Falls to the City of Fergus Falls for their action.
Exemption From Lawful Gambling
No objection was expressed regarding an application for Exemption from Lawful Gambling
for the St. Lawrence Catholic Church of Perham on November l, 1992. Commissioner
Windels, who represents that area, cited no objection.
Repurchase of Tax Forfeited Lands
The County Auditor discussed the new law regarding the repurchase of tax forfeited land.
The new law, which became effective on April 25, 1992, appears to be punitive in nature.
Due to iniquities in the law, the Department of Revenue has made two recommendations as
discussed by the Auditor. The problem identified with waiting to see if the 1993
legislature takes appropriate action· to change the law is that the County continues to
hold the property and the individual must wait to regain possession and the repurchase
period may expire while awaiting for action.
0
dtter Tail County Board of Commissioners
September 23, 1992
Page 4
Cash Not Identified
Auditor Wayne Stein, reported the receipt of three $100 bills with only a blank piece of
paper in an envelope addressed to the Otter Tail County Courthouse. There was no return
address on the envelope. He has not been able to discover where this money should be
deposited.
Motion by Stone, seconded Partmann and unanimously carried to deposit the three $100
bills into the General Revenue Fund pending further investigation by the County
Attorney.
Wagon Wheel Resort -Conditional Use Application
The matter of a Conditional Use Application for the Wagon Wheel Resort, Rush Lake, came
before the Board with a delegation of individuals expressing pros and cons regarding the
development of additional units. The Board, after having sent commissioners Windels and
Lee together with Land and Resource Management Director, Bill Kalar, inspected the area.
Concerns of individuals present were expressed. A motion by Windels, seconded by
Partmann and unanimously carried to honor the permit as applied for with an exception
limiting the number of units to six with specific required upgrading. This is a
preliminary approval subject to a final plan. It was the large number of substandard
lots which impacted this determination.
County Jail Refunding Revenue Bonds
Motion by Partmann, seconded Stone and carried with a roll call vote to adopt the
following resolution:
0 ROLL CALL VOTE RESULTS: YEA NAY
0
Virginia Partmann
Bill Stone
Harley Windels
Malcolm Lee
_x_
_x_
_x_
_x_
BE IT RESOLVED by the Board of Commissioners of Otter Tail County, Minnesota (the
11County"), as follows:
1, Authorization of Bonds; Documents Presented. The City of Fergus Falls, Minnesota,
a home-rule city within the County (the "City") acting pursuant to Sections 469.152 to
469,165, Minnesota Statutes (the "Act") has issued on behalf of the County its
$4,455,000 County Jail Refunding Revenue Bonds (Otter Tail County Unlimited Tax Lease
Obligation), Series 1986 (the "Series 1986 Bonds") to refund bonds previously issued by
it to finance county jail facilities for the County in accordance with plans and
specifications approved by the Commissioner of Corrections (the "Project"). The Series
1986 Bonds were issued under a Trust Indenture dated as of October 1, 1985 between the
City and National City Bank of Minneapolis (the "Trustee"), as amended by a First
Supplemental Trust Indenture dated as of November l, 1986 between the City and the
Trustee (together, the "Indenture") and are payable primarily from payments of Basic
Rent required to be made by the County under the Jail Sublease Agreement dated as of
October l, 1985, as amended by the First Supplemental Jail Sublease Agreement dated as
of November l, 1986 (together, the "Sublease") between the County and the City. The
County desires that the City issue its $3,235,000 County Jail Refunding Revenue Bonds
(Otter Tail County Unlimited Tax Lease Obligation), Series l992A (the "Series 1992A
Bonds") as provided in the Second Supplemental Indenture described below for the purpose
of refunding the Series 1986 Bonds and that the City call the Series 1986 Bonds for
prior redemption on February l, 1993. The issuance of the Series 1992A Bonds to refund
the Series 1986 Bonds is authorized by the Act, Section 475.67, Minnesota Statutes and
the Indenture. Forms of the following documents relating to the Series 1992A Bonds have
0
0
Otter Tail County Board of Commissioners
September 23, 1992
Page 5
been submitted to the Board of Commissioners and are now on file in the office of the
County Auditor:
(a) Second Supplemental Jail Sublease Agreement (the •second Supplemental
Sublease") dated as of September 1, 1992, between the City and the County requiring
the County to pay Basic Rent sufficient to pay principal and interest or the Series
1992A Bonde when due;
(b) Second Supplemental Trust Indenture (the "Second Supplemental Indenture")
dated as of September 1, 1992, between the City and National City Bank of
Minneapolis, as Trustee, setting forth the terms of the Series 1992A Bonde and
pledging the Basic Rent derived from the Sublease, as amended by the Second
Supplemental Sublease, to the payment of the Series 1992A Bonds; and
(c) Bond Purchase Agreement (the "Bond Purchase Agreement•) among Dougherty,
Dawkins, Strand & Bigelow Incorporated (the "Underwriter"), the City and the
County, describing the terms under which the Underwriter has agreed to purchase the
Bonde.
2. Approval and Execution of Second Supplemental Sublease. The Chairman of the Board
of Commissioners (the "Chairman••) and the County Auditor are hereby authorized and
directed to execute, attest and deliver the Second Supplemental Sublease. All of the
provisions of the Second Supplemental Sublease, when executed and delivered as
authorized herein, shall be deemed to be a part of this resolution as fully and to the
same extent as if incorporated verbatim herein and shall be in full force and effect
from the date of execution and delivery thereof. The Second Supplemental Sublease shall
be substantially in the forms on file with the County with such necessary and
appropriate variations, omissions and insertions as permitted or required, or as the
Chairman, in hie discretion, shall determine, and the execution thereof by the Chairman
and County Auditor shall be conclusive evidence of such determination.
3. Approval and Execution of Bond Purchase Agreement. The Chairman and County Auditor
are hereby authorized and directed to accept and confirm the Bond Purchase Agreement.
All of the provisions of the Bond Purchase Agreement, when accepted and confirmed as
authorized herein, shall be deemed to be a part of this resolution as fully and to the
same extent as if incorporated verbatim herein and shall be in full force and effect
from the date of execution and delivery thereof. The Bond Purchase Agreement shall be
substantially in the form on file with the County with such necessary and appropriate
variations, omissions and insertions as permitted or required, or as the Chairman, in
hie discretion, shall determine, and the execution thereof by the Chairman and County
Auditor shall be conclusive evidence of such determination.
4. Approval of Official Statement. The County hereby authorizes the preparation of an
Official Statement and its use and distribution by the Underwriter in connection with
the sale of the Series 1992A Bonds, provided that the form thereof shall be satisfactory
to the Chairman and the County Auditor.
5. Approval of Indenture. The County hereby approves the form of the Second
Supplemental Indenture and the terms of the Series 1992A Bonds described therein and as
described in Exhibit A hereto.
6. Registration Certificate. A certified copy of this resolution shall be filed with
the County Auditor and the County Auditor shall issue a certificate that the Second o Supplemental Sublease has been entered in such Auditor's Bond Register.
7. Deposit of Funds. The County shall deposit with the Trustee such amount as is
required in addition to the proceeds of the Series 1992A Bonde to provide the funds
necessary for the refunding of the Series 1986 Bonds and pay the expenses of the
I' • • '
0
Otter Tail County Board of Commissioners
September 23, 1992
Page 6
transaction pursuant to the Second Supplemental Indenture and the Second Supplemental
Sublease.
8. Effective Date, This resolution shall be in full force and effect from and after
its passage.
WHEREUPON, said resolution was declared duly passed and adopted at Fergus Falls, MN this
23rd day of September, 1992,
Dated: OTTER TAIL OARD OF COMMISSIONERS
·~;.4t_
Larryroh~lerk
Becker County: Joint Ditch #1
Kenneth Wick, resident of Silver Leaf Township, Becker County, approached the Board
relative to Becker/Otter Tail County Joint Ditch #1, Mr, Wick appeared as a
spokesperson of a citizen's group expressing concern over the status of the Ditch #1
proceedings. Vice-Chairman Lee acknowledged receipt of a petition, delivered to the
Board by Mr. Wick, from Becker County/otter Tail county residents requesting both Becker
and Otter Tail Counties to abandon this ditch, Mr. Wick indicated that the same
petition has been delivered to Becker County.
The meeting with Becker County, planned for October 1, 1992, will be postponed because
of the Board's inability to have a quorum present. Rescheduling and notification will
be arranged by the Coordinator.
scs Lease -Perham Office Building
Motion by Partmann, seconded Windels and carried, with Lee opposed, to extend the lease
of office space requested by the Soil Conservation Service (SCS) for thirty days with
the Coordinator to work with them to seek other office space. Their lease with
Otter Tail County terminated this past April and had already been extended to
September 30, 1992.
Final Payment: S,A,P, 56-651-11
Motion by Windels, seconded Partmann and unanimously carried to approve final payment in
the amount of $1,808.04 to Sherbrooke Asphalt, Inc., Pelican Rapids, MN, for grading,
concrete curb and gutter, aggregate base, bituminous base and surface as was previously
awarded.
Recess
At 2:47 p.m., Vice-Chairman Lee called for a recess with the Board to return at
8:00 p.m. for a public hearing on County Ditch #25, County Attorney, Wally Senyk, will
serve as moderator of the hearing.
..
I
0
Q
. . otter Tail County Board of Commissioners
September 23, 1992
Page 7
Public Hearing: Ditch 25
Following the afternoon recess, the public hearing, initiated by petition, for the
repair of County Ditch #25 began at 8:00 p.m. The portion of the ditch involved lies
between Big McDonald and Star Lakes. County Attorney, Wally Senyk, served as moderator.
Information was received from the following agency representatives;
William Kalar
Wayne Stein
Roland Sauck
Terry Lejcher
Don Reedstrom
Otter Tail County Land & Resource Management
otter Tail County Auditor
Otter Tail County Agriculture/Ditch Inspector
DNR Hydrologist
ONR Fisheries Supervisor
Several individuals of the approximately forty attending offered information and
questions. The petitioner's objective was to lower the water level on Big McDonald by
approximately six inches. The blockage on Ditch #25 between Big McDonald and Star Lakes
appears to be caused by numerous beaver dams and some partially obstructed culverts that
may be undersized. The beaver will have to be eliminated to make any dam removal
effective.
Representatives of the Star Lake Association stated that they were already plagued with
abnormally high water levels and additional water from Big McDonald would compound their
problem. There appears to be some impediment to water flowage in the natural
watercourse between Star and Dead lakes responsible for the Star Lake level. The Star
Lake representatives believe that the outlet of Star Lake must be functioning properly
prior to additional water being released from Big McDonald. Individuals from both Star
Lake and Big McDonald felt that their associations will need to actively work together
to alleviate high water conditions.
Reedstrom indicated that if water is released from Big McDonald precautions will need to
be taken to prevent carp from entering Big McDonald.
Lejcher informed the Board that based on the information gathered, an engineer's report
would probably not be necessary for the ditch repair. A summary of the findings by
county staff should be sufficient. If an engineer is deemed to be necessary, the cost
may be required to be borne by the petitioners. However, no costs have been incurred to
this point.
Following the reading of letters in support and opposition to the ditch repair the
hearing was closed. The board will consider the information received at their meeting
of October 7 along with additional information requested dealing with the condition of
the outlet on Star Lake.
Adjournment
At 10:30 p.m. the meeting adjourned until 9:30 a.m. on October 7, 1992.
Dated: / 0-1-42:". OTTER TAIL COUNTY BOA COMMISSIONERS
Attest:
cb:kl