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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