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Minutes of the
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Commissioners' Room, Floor 1-B
Otter Tail County Courthouse
Tuesday, April 12, 1994
1:00 p.m.
CALL TO ORDER
The Otter Tail County Board of Commissioners convened Tuesday, Apr~---1994, at
1:00 p.m. at the Otter Tail County Courthouse with Commissioners Harley Windels,
Chairman; Bill Stone; Virginia Partmann; and Malcolm Lee present.
Commissioner Andy Lindquist was present at 2:02 p.m.
APPROVAL OF MINUTES
Motion by Stone, seconded Lee and unanimously carried to approve the April s, 1994,
minutes as submitted.
1994 SEAL COAT PROJECT
Motion by Partmann, seconded Lee and unanimously carried to award the 1994 Seal Coat
Project to the lowest bidder as recommended by the Highway Engineer:
ASTECH $489,750.67
St. Cloud, MN
1994 YEARLY PURCHASES -HIGHWAY DEPARTMENT
Rick West, Highway Engineer, provided bid summaries and recommendations for award on the
following bids:
COUNTY WIDE MOWING 1994 -1995
Motion by Partmann, seconded Stone and carried, with Lee opposed, to award the bids for
County Wide Mowing 1994 -1995 as recommended by the Highway Engineer.
Area "A"
Area 11B11
Area 11c,1
Area "D"
Area 11 E11
Steve's Roadside Maintenance
Vergas, MN
Steve's Roadside Maintenance
Vergas, MN
Nick Rohr
New York Mills, MN
Steve's Roadside Maintenance
Vergas, MN
Otter Tail County Highway Department
1994 1995
48.80 48.80
8.00 8.00
48.80 48.80
8.00 8.00
43.50 43.50
15.00 15.00
49.80 49.80
8.00 8.00
f Area "F11 Otter Tail County Highway Department
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Otter Tail County Board of Commissioners
April 12, 1994
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Area "GU Nick Rohr
New York Mills, MN
Area IIHII Otter Tail County Highway
Area "Ill No Bid Received
Area 11 J 11 Orlin Johnson
Henning, MN
Department
43.75
15.00
85.00
25.00
43.75
15.00
85.00
25.00
Motion by Partmann, seconded Stone and unanimously carried to rescind the previous
motion for award for County Wide Mowing 1994 -1995 after further consideration.
Motion by Portmann, seconded Lee and unanimously carried to award the bids for County
Wide Mowing 1994 -1995 as presented by the Highway Engineer with the exception of
Area 11 J 11 •
SEASONAL SUPPLIES FOR HERBICIDES
Motion by Stone, seconded Portmann and unanimously carried to award the Seasonal
Supplies for Herbicides as recommended by the Highway Engineer and as follows:
Edwards Contracting
Hampton, IA
$13.85 55 gallon barrel
SEASONAL SUPPLY OF BITUMINOUS MATERIAL
Motion by Stone, seconded Partmann and unanimously carried to award the Seasonal Supply
of Bituminous Material as recommended by the Highway Engineer and as follows:
Koch Materials Co. $.6011 gallon
St. Paul, MN
SEASONAL SUPPLY OF HOT MIX BITUMINOUS -WEST OTTER TAIL COUNTY
Motion by Stone, seconded Partmann and unanimously carried to award the Seasonal Supply
of Hot Mix Bituminous for West Otter Tail County as recommended by the Highway Engineer
and as follows:
Mark Sand & Gravel Co. $32,200.00
Fergus Falls, MN
SEASONAL SUPPLY OF HOT MIX BITUMINOUS -EAST OTTER TAIL COUNTY
Motion by Stone, seconded Portmann and unanimously carried to award the Seasonal Supply
of Hot Mix Bituminous for East Otter Tail County as recommended by the Highway Engineer
and as follows:
Wadena Asphalt, Inc. $33,900.00
Wadena, MN
SEASONAL CULVERT SUPPLIES
Motion by Stone, seconded Partmann and unanimously carried to award the Seasonal Culvert
Supplies as recommended by the Highway Engineer and as follows:
H.V. Johnston Culvert Co. $8,993.21
St. Paul, MN
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Otter Tail County Board of Commissioners
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CONSTRUCTION ENGINEERING CONTRACT -CSAH 16, BATTLE LAKE
Motion by Lee, seconded Stone and unanimously carried to approve, as recommended and
presented by the Highway Engineer, the construction engineering contract for CSAH 16 in
the City of Battle Lake with Interstate Engineering, Wahpeton, ND
SPEED ZONE STUDY RESOLUTION
Motion by Lee, seconded Partmann and unanimously carried to adopt the following
resolution:
WHEREAS, a group of people living along CSAH No. 53 have requested a forty-five mile
per hour speed zone be established on CSAH No. 53 from the south line of section 10,
south to C.R. No. 137, and
WHEREAS, the County of Otter Tail also believes that a speed zone would be beneficial
in this area.
NOW, THEREFORE, BE IT RESOLVED, that Otter Tail County does hereby request that the area
be studied by the Minnesota Department of Transportation to determine the need for a
reduced speed zone, if any.
BE IT ALSO RESOLVED, that Minnesota Department of Transportation proceed with
establishing a legal speed zone if the findings of the traffic study are supportive.
Adopted in Fergus Falls, Minnesota, this 12th day of April, 1994.
Dated: (tpit-t If/, /IJ9¥ OTTER TAIL COUNTY BOARD OF COMMISSIONERS
By
Attest:
ENGINEERING CONTRACT -CSAH 88 RECONSTRUCTION
Motion by Lee, seconded Partmann and unanimously carried to approve, as recommended and
presented by the Highway Engineer, the construction engineering contract for CSAH 88
Reconstruction Project with Braun Intertec Corp., St. Cloud, MN.
NON-ENCROACHMENT AGREEMENT: SP 56-614-09
Motion by Lee, seconded Stone and unanimously carried to authorize the Chairman and
Auditor to sign on behalf of the county a Non-Encroachment Agreement with the City of
Richville on Project SP 56-614-09.
APPRAISER REQUESTED
Motion by Lee, seconded Stone and unanimously carried to authorize the Highway Engineer
to proceed with the utilization of an appraiser for the establishment of values on the
following properties:
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Otter Tail County Board of Commissioners
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Vining Highway Garage, building & site
City of Henning, proposed new garage site
Perham, county office building
COLLECTION & TRANSPORTATION OF SOLID WASTE OR SOURCE SEPARATED MATERIALS
Motion by Lee, seconded Stone and unanimously carried to approve the Application for
Collection and Transportation of Solid Waste or Source Separated Materials of the
following:
Steve1 s Sanitation, Steve Melgard
Perham, MN
CONDITIONAL USE APPLICATIONS
Motion by Stone, seconded Partmann and unanimously carried to uphold the recommendations
and amendment of the Planning Commission for approval of the following Conditional Use
Applications/Preliminary Plat(s} subject to any conditions indicated by the Commission:
Conditional Use Application/Preliminary Plat:
11Axdahl Beach"/Leo Axdahl, Round Lake
11 Klar-Jo Beach11 /Arthur Espeland, et al, West Battle Lake
Conditional Use Applications:
Otter Tail County Highway Department, Bolton Lake
Gary & Catherine Smith, et al (Taylor Investment Corp.}, East Leaf Lake
Taylor Investment Corp., North Turtle Lake
Jack Perala, West Leaf Lake
Maynard Johnson, Star Lake
Dennis McLeod/Darlene Zosel, Otter Tail Lake
Conditional Use Application Amendment:
Donald &/or Barbara Halverson, Silver Lake
Note: For information regarding any of the above Conditional Use
Applications/Preliminary Plats, contact the Land & Resource Management Office.
1994 SEWAGE DISPOSAL INSTALLERS LICENSE APPLICATIONS
Motion by Stone, seconded Partmann and unanimously carried to approve the following
Sewage Disposal Installers License Application renewals:
B & H Builders, Dennis Hultstrand, Parkers Prairie, MN
Bluffton Hardware, Dan Wescheid, Bluffton, MN
PREPAID BILLS
Motion by Partmann, seconded Stone and unanimously carried to approve the following Road
and Bridge Fund invoices prepaid to take advantage of offered discounts:
Total Discount Paid
Miltona Creamery Assoc. $ 404.55 $ 29. 00 $ 375.55
Co-op Services (NYM) 821.33 32.67 788.66
Penrose Oil Company 2,473.23 124.43 2,348.80
$3,699.11 $186.10 $3,513.01
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Ot~er Tail County Board of Commissioners
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LICENSE APPLICATIONS
Motion by Stone,
applications:
seconded Lee and unanimously carried to approve the following
Big Pine Resort
John Miller
Perham, MN
Dunvilla in the Country
Suzanne L. Maas
Pelican Rapids, MN
Hi-Way Park Ballroom
Thomas W. Volberding
Henning, MN
Lenny's Cafe and Dance Barn
Leonard A. Lund
Thelma C. Ard
Underwood, MN
Spanky's in the Pink, Inc.
Spanky's
Charles and Brenda Minge
Frazee, MN
On/Off Sale Non-Intoxicating Malt
Liquor License -April 1994
through June 1995.
On-Sale Intoxicating Liquor and
Sunday Liquor License. (Transfer)
Subject to Insurance and Lease
Agreement. (May and June 1994).
Set-Up Permit
Set-Up Permit
Set-Up Permit
PREMISE PERMIT APPLICATION
Motion by Lindquist,
resolution:
seconded by Lee and unanimously carried to adopt the following
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 Fergus Falls Hockey Association, Fergus Falls, MN1 has made an application
to the Gambling Control Board for a premise permit to conduct lawful gambling at the
Riverfront Lounge in Sverdrup Township of Otter Tail County; and
WHEREAS, Minnesota Statute 349.213 provides that the Gambling Control Board may not
issue a premise permit unless they receive a resolution from the Otter Tail County Board
of Commissioners approving the permit; and
WHEREAS, the Otter Tail County Board of Commissioners is aware of no reason to oppose
the conduct of lawful gambling by the Fergus Falls Hockey Association, Fergus Falls, MN,
at the Riverfront Lounge in Sverdrup Township of Otter Tail County.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Otter Tail County Board of Commissioners
hereby approves the conduct of lawful gambling by the Fergus Falls Hockey Association,
Fergus Falls, MN, at the Riverfront Lounge in Sverdrup Township of Otter Tail County.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Otter Tail County Board of
Commissioners hereby approves the conduct of lawful gambling by the Fergus Falls Hockey
Association, Fergus Falls, MN, at the Riverfront Lounge in Sverdrup 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.
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Ot~er Tail County Board of Commissioners
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IT IS FURTHER RESOLVED, that notice of this application and approval shall be provided
to the Town Board of Sverdrup Township by sending them a copy of this resolution.
Adopted April 12, 1994, at Fergus Falls, MN.
Dated: t,J.,p-,U!f1 Lf ~ OTTER TAIL COUNTY BOARD OF COMMISSIONERS
By
Attest:
PREMISE PERMIT APPLICATION
Motion by Lee, seconded by Lindquist and unanimously carried to adopt 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 Fire Dept. Relief Association, Pelican Rapids, MN, has made
an application to the Gambling Control Board for a premise permit to conduct lawful
gambling at the Pelican Supper Club in Pelican Township of Otter Tail County: and
WHEREAS, Minnesota Statute 349.213 provides that the Gambling Control Board may not
issue a premise permit unless they receive a resolution from the Otter Tail County Board
of Commissioners approving the permit; and
WHEREAS, the Otter Tail County Board of Commissioners is aware of no reason to oppose
the conduct of lawful gambling by the Pelican Rapids Fire Dept. Relief Association,
Pelican Rapids, MN, at the Pelican Supper Club in Pelican Township of Otter Tail County.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Otter Tail County Board of
Commissioners hereby approves the conduct of lawful gambling by Pelican Rapids Fire
Dept. Relief Association, Pelican Rapids, MN, at the Pelican Supper Club in Pelican
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 Pelican Township by sending them a copy of this resolution.
Adopted April 12, 1994, at Fergus Falls, MN.
Dated: ~ 19,,ff{
() Attest: j
Larry Kro
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O~ter Tail County Board of Commissioners
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WORK STUDY PROGRAM
Motion by Lindquist, seconded Lee and unanimously carried to participate in the Fergus
Falls Community College Work Study Program from June through August as requested by the
Auditor.
PRIVATE SALE OF TAX FORFEITED PROPERTY TO A GOVERNMENT SUBDIVISION
Wayne Stein, Auditor, discussed at length with the Board specifics on private sale of
tax forfeited property to a governmental subdivision. Also discussed was the removal of
buildings on tax forfeited property. Further information will be provided at an
upcoming Board meeting.
HUMANE SOCIETY OF OTTER TAIL COUNTY
Motion by Lindquist, seconded Partmann and unanimously carried to give two desks of
nominal value to the Humane Society of Otter Tail County as requested by Mel O. Olson.
OTTER TAIL COUNTY DRAINAGE DITCH VIEWERS LIST
Motion by Lee, seconded Lindquist and unanimously carried to appoint Joy Haarstick of
Erhard and Henry Luther of Fergus Falls to serve on the Otter Tail County Drainage Ditch
Viewers List.
EMERGENCY MANAGEMENT RESOLUTION
Motion by Windels, unanimously seconded by Partmann, Stone, Lee and Lindquist, and
unanimously carried to adopt the following resolution:
RESOLVED by the Board of County Commissioners of Otter Tail County, Minnesota, that:
WHEREAS, the Board of Commissioners of Otter Tail County wishes to recognize Mr. Fred
Lehmkuhl, Emergency Manager, City of Perham, for the professional and efficient manner
in which he established and controlled emergency response and recovery activities
incident to the Burlington Northern train derailment near the City of Perham in the
County of Otter Tail on April 4, 1994. The potential was extremely high for serious
injury or death to the people of Perham and surrounding unincorporated areas as a result
of an overturned chlorine tank car. While luck prevailed and no leak of toxic chlorine
occurred, it is the opinion of the Otter Tail County Director of Emergency Services and
of the State of Minnesota emergency response personnel present that Mr. Lehmkuhl's
timely action and excellent organization ensured that serious injury or death ta the
endangered citizens of Otter Tail County and the City of Perham would have been
minimized nonetheless; and
WHEREAS, the Board of Commissioners also wishes to recognize for their contributions the
City of Perham and its Fire and Police Departments, the Otter Tail County Sheriff, the
Minnesota State Patrol, the City of Wadena Police Department, State of Minnesota's
Department of Emergency Management and Pollution Control Agency and the professionals
from the Burlington Northern Railroad; and
WHEREAS, by his actions in drawing all of these people and organizations together into a
team effort, Mr. Lehmkuhl demonstrated the highest ideals of American citizenship and
tradition of community leadership for which all of the citizens of Otter Tail County are
sincerely grateful.
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NOW, THEREFORE, BE IT RESOLVED that the Otter Tail County Board of Commissioners hereby
commends and extends its sincere appreciation to Mr. Fred Lehmkuhl, of Perham,
Minnesota, and all responding agencies for the exemplary management of the train
derailment in Perham Township of Otter Tail County, on April 4, 1994.
Adopted at Fergus Falls, Minnesota this 12th day of April, 1994.
Dated: a,,.,/, I"' tqtµf OTTER TAIL COUNTY BOARD OF COMMISSIONERS
By
Attest:
ADJOURNMENT
At 3:17 p.m. Chairman Windels declared the meeting of the Otter Tail County Board of
Commissioners adjourned until 9:30 a.m. on Tuesday, April 19, 1994.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
By
Attest:
CB:kal