HomeMy WebLinkAboutBoard of Commissioners - Minutes - 05/10/1994I,
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Minutes of the
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Commissioners' Room, Floor 1-B
Otter Tail County Courthouse
Tuesday, May 10, 1994
1:00 p.m.
CALL TO ORDER
The Otter Tail County Board of Commissioners convened Tuesday, May 10, 1994, at
1:00 p.m. at the Otter Tail County Courthouse with Commissioners Harley Windels,
Chairmani Bill Stone; Virginia Fortmann; and Malcolm Lee present. Commissioner
Andy Lindquist was absent.
APPROVAL OF MINUTES
Motion by Lee, seconded Stone and unanimously carried to approve the
May 3, 1994, minutes as submitted.
BID OPENING
After having previously advertised for bids to be opened at 1:00 p.m., the Highway
Engineer opened bids on the following:
Bauerly Bros., Companies
Sauk Rapids, MN
Mark Sand & Gravel Co.
Fergus Falls, MN
Sherbrooke Asphalt, Inc.
Pelican Rapids, MN
Starry Construction Co., Inc.
Alexandria, MN
Bauerly Bros., Companies
Sauk Rapids, MN
Mark Sand & Gravel Co.
Fergus Falls, MN
Starry Construction Co., Inc.
Alexandria, MN
S.A.P. 56-641-08 & ETC.
$1,033,683.98
982,575.78
962,464.59
1,005,725.75
S.A.P.56-659-11 & ETC.
332,363.52
283,858.72
288,706.07
V The Highway Engineer will provide a bid summary and recommendation for award at the
May 17, 1994, Board meeting.
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Otter Tail County Board of Commissioners
May 10, 1994
Page 2
BID OPENING AUTHORIZED
Motion by Lee, seconded Partmann and unanimously carried to authorize the Highway
Engineer to proceed with advertising and setting the bid opening date for 1:00 p.m. on
June 21, 1994 on the Grading and Surfacing of CSAH 75.
DITCH SUMMARIES
The Highway Engineer provided an update of progress made with regard to County Drainage
Ditches Nos. 70 and 21.
PLANNING COMMISSION RECOMMENDATIONS
Motion by Lee, seconded Partmann and unanimously carried to approve the following as
recommended by the Planning Commission:
Conditional Use Applications:
Corliss Township, Mud Lake
Floyd F. Felton, Star Lake
Beverly Enterprises dba Otter Tail Nursing Home, Otter Tail Lake
John Burns, Jewett Lake
Warren M. Melquist, West McDonald Lake
Stephen L. Kantrud, Otter Lake (Big & Little}
Revised Conditional Use Application:
11Condon Shores 11 /John Condon 1 West McDonald Lake
Preliminary Plats:
"Leek Lake Heights"/Robert Wilson, Leek Lake
"Sunset Shores11 /James & Anne Eidsvold, Clitherall Lake
SUBDIVISION CONTROLS ORDINANCE
Motion by Stone, seconded Partmann to enact a 120 day moratorium on new splits created
by metes and bounds within shoreland areas to allow time for amendment to the
Subdivision Controls Ordinance.
Motion by Lee, seconded Windels and unanimously carried to table any further action on a
moratorium pending further information from the Auditor with regard to metes and bounds
splits within shoreland areas of the county.
FORGIVENESS OF PENALTY, INTEREST, ETC.
Motion by Lee, seconded Partmann and unanimously carried to deny the request of John
Eidsmoe for abatement of penalty, interest and cost that has accrued due to the late
payment of the payable 1991, 1992 and 1993 property tax. The total amount due as of
this date is $1,737.32 which represents $1,398 in taxes with $339.32 representing
penalty, interest and cost.
Motion by Stone,
applications:
LIQUOR LICENSES
seconded Lee and unanimously carried to approve the following
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Otter Tail County Board of Commissioners
May 10, 1994
Page 3
Pelican Supper Club
Paul Herringer
Pelican Rapids, MN
Clear Lake Resort
Reuben and June Finkelson
Dalton, MN
Riverfront Lounge
Walter and Deborah Schmidt
Underwood, MN
Ethel Beach Resort/Cafe
Allen Chase
Battle Lake, MN
Rocky's Resort
Stephen G. Kunz
Dent1 MN
Balmoral Golf Course, Inc.
Michael Hemgusit
Battle Lake, MN
On-Sale Intoxicating Liquor
and Sunday Liquor License and
On/Off Sale Non-Intoxicating Malt
Liquor License {Transfer)
On/Off Sale Non-Intoxicating Malt
Liquor License
(Renewal)
Set-Up License
(Renewal)
Set-Up License
(Renewal)
On/Off Sale Non-Intoxicating Malt
Liquor License
(Renewal)
On/Off Sale Non-Intoxicating Malt
Liquor License
(Renewal)
PREMISE PERMIT APPLICATION
Motion by Lee, seconded Stone 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 Fire Dalton Mens Relief Assoc., Dalton 1 MN1 has made an application to the
Gambling Control Board for a premise permit to conduct lawful gambling at Ten Mile Lake
Resort in Tumuli Township of Otter Tail County; and
WHEREAS, Minnesota Statute 349.213 provides that the Gambling Control Board may not
issue a 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 Fire Dalton Mens Relief Assoc., Dalton, MN 1 at Ten
Mile Lake Resort in Tumuli Township of Otter Tail County.
NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby
approves the conduct of lawful gambling by the Fire Dalton Mens Relief Assoc., Dalton,
MN, at Ten Mile Lake Resort in Tumuli Township of Otter Tail County, provided that the
application 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 Tumuli Township by sending them a copy of this resolution.
() Dated this 10th day of May 1994.
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Otter Tail County Board of Commissioners
«ay 10, 1994
Page 4
Dated, ??toy l'lJ l99,./ OTTER TAIL COUNTY BOARD OF COMMISSIONERS
els, Chairman
Attest:
AUTHORIZATION FOR EXEMPTION FROM LAWFUL GAMBLING APPLICATION
No objection was voiced by Commissioner Windels with regard to an application for
Authorization for Exemption from Lawful Gambling License the Auditor has received from
the Holy Cross Catholic Church for an event scheduled September 11, 1994.
WEST CENTRAL MINNESOTA HOUSING PARTNERSHIP
Motion by Lee, seconded Partmann and unanimously carried to authorize payment of $2,000,
from the Economic Development Budget, as a membership contribution to the West Central
Minnesota Housing Partnership.
MINNESOTA SCENIC BYWAYS
A presentation was given by Judy Stringer, Director of the Convention & Visitors Bureau,
describing the Minnesota Scenic Byways Program. After discussion, a motion was offered
by Partmann, seconded Lee and unanimously carried indicating an interest by the county
to participate in the Minnesota Scenic Byways Program.
RECYCLING RESOLUTION
Upon a motion by Partmann, seconded Stone and unanimously carried the Otter Tail County
Board of Commissioners adopted the following resolution:
WHEREAS, the County of Otter Tail has made application to the Minnesota Pollution
Control Agency for a capital assistance program grant to construct a regional recycling
center in Fergus Falls, Minnesota.
BE IT RESOLVED, the County of Otter Tail pledges to use all funds made available
exclusively for the capital cost of the project and to pay any additional amount by
which the cost of the project exceeds the estimate by appropriation to the construction
fund of additional funds or proceeds of additional bonds of Otter Tail County. The
County of Otter Tail recognizes that any subsequent withdrawal of allocated or
additional funds of Otter Tail County will impair the obligation of contract between the
State of Minnesota, the County of Otter Tail and the bond holders.
BE IT FURTHER RESOLVED, the Otter Tail County Board of Commissioners hereby authorizes
the Otter Tail County Solid Waste Director to sign the Final Capital Assistance Program
Grant Application and the Capital Assistance Program Grant Agreement on behalf of the
County of Otter Tail.
Dated: l'b4t /tf, /I/fl,/ OTTER TAIL COUNTY BOARD OF COMMISSIONERS
By
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Otter Tail County Board of Commissioners
May 10, 1994
Page 5
Attest:
BYPASS TRANSFER FACILITIES
Mike Hanan, Solid Waste Director, provided an update with regard to the bypass transfer
facilities.
TAX INCREMENT FINANCING
A motion was offered by Partmann, seconded Lee and unanimously carried to adopt the
following resolution approving the Tax Increment Financing District I 1-8 Plan within
the City of Fergus Falls:
WHEREAS, on May 5, 1994, the Honorable Arne H. Carlson, Governor of Minnesota, signed
the 1994 Omnibus Tax Bill, which in part, grants the Fergus Falls port authority the
power to establish an economic development tax increment district; and
WHEREAS, this special legislation requires that the port authority receive the approval
of the Otter Tail County Board of Commissioners prior to establishment of said tax
increment financing district; and
WHEREAS, the port authority has prepared a plan for Tax Increment Financing District No.
I 1-8 (herein called the Plan) which sets forth the estimate of the fiscal and economic
impact of tax increment financing on the tax capacities of all taxing jurisdictions in a which the district is located; and
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WHEREAS, the Board of Otter Tail County, Minnesota, has been notified of the public
hearing for review of the Plan and at a regular meeting of the Board of Commissioners,
held on May 10, 1994, received a request from the port authority to approve
establishment of the district.
NOW THEREFORE, BE IT RESOLVED, by the Otter Tail County Board of Commissioners:
Sec. 1: That it is hereby found and determined there is a need for the establishment of
Tax Increment Financing District No. I 1-8.
Sec. 2: That it is hereby found and determined the activities set forth in the Plan
will establish, for the City of Fergus Falls, the opportunity to promote economic
development of vacant, unused and underused land and that this development will create
jobs and enhance the local tax base.
Sec. 3: That it is hereby found and determined the Fergus Falls port authority's
request to establish Tax Increment Financing District No. I 1-8 is approved, and the
parcels described in Exhibit A hereto are hereby designated as being eligible for
inclusion in said district.
Sec. 4: That it is hereby found and determined the Fergus Falls port authority has
conformed with the requirement to provide the Board of Otter Tail County with the fiscal
and economic implications of the district and the Board waives the 30-day notification
for receipt of this information.
Adopted at Fergus Falls, Minnesota, this 10th day of May, 1994.
Otter Tail County Board of Commissioners
-May 10, 1994
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Dated, b~ l'f, 11(,u/ OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Attest:
Date of Agreement
January 1, 1994
ANNUAL COUNTY BOAT & WATER SAFETY AGREEMENT
County
Otter Tail
Amount of Payment Term of Agreement
$54,100.00 'l Jan. 1, 1994 -Dec. 31, 1994
-)
THIS AGREEMENT, as per DATE OF AGREEMENT, between the STATE OF MINNESOTA, acting by and
through the Commissioner of Natural Resources, hereinafter referred to as the "State11 ,
and above named County.
WHEREAS, Under the provisions of M.S. Section 86B.105 the sheriff of each county is
required to carry out the provision of Chapter 86B and the Boat and Water Safety Rules,
hereinafter referred to as the 11Minn. Rules, 11 promulgated by the Commissioner of Natural
Resources, including patrol, enforcement, search and rescue, watercraft inspection,
waterway marking and accident investigation, all hereinafter referred to as the
11Sheriff' s Duties11 , and
WHEREAS, In connection with the Sheriff's Duties M.S. Section 86B.701 provides that the
County submit to the Commissioner of Natural Resources a budget to carry out the
Sheriff's Duties; and
WHEREAS, M.S. Section B6.B701 and the Minn. Rules provide for the allocation of funds by
the Commissioner to the County based on certain criteria and conclusions to assist the
funding of the Sheriff's Duties; and
WHEREAS, the County has submitted a proposed budget to the State which is attached
hereto as exhibit A.
NOW, THEREFORE, it is agreed as follows:
A. (DUTIES) The County Sheriff shall perform the Sheriff's Duties as defined herein.
B. (TERM} This agreement shall be effective under Term of Agreement as stated above.
Unless an extension is granted, funds not expended by the latter date shall be returned
to the State. In no case will expenses incurred outside of this agreement be funded by
the State.
C. (PAYMENT) The State shall advance the County the Amount of Payment as stated above
for the activities stated in Chapter 86B. Further detail on allowable expenses is
stated in 11 Allowable Expenditures Under the Boat and Water Safety Program" attached to
this document as exhibit B. u ADDITIONAL PROVISIONS CONTAINED ON THE REVERSE SIDE OF THIS AGREEMENT:
IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending
to be bound thereby.
Otter Tail County Board of Commissioners
'May 10, 1994
• • Page 7
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Attest:
Larr~,~
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
1994
COORDINATED COUNTY CRASH REDUCTION
ENFORCEMENT EFFORT AGREEMENT FOR PARTICIPATION
Motion by Stone, seconded Partmann and carried, with Lee opposed, to authorize the
Chairman's signature on the 1994 Coordinated County Crash Reduction Enforcement Effort
for Participation between the State of Minnesota and Otter Tail County.
ADJOURNMENT
At 3:52 p.m., Chairman Windels declared the meeting of the Otter Tail County Board of
Commissioners adjourned until 9:30 a.m. on Tuesday/ May 17, 1994.
Dated: ¾ 17_, /9f'!/ OTTER TAIL COUNTY BOARD OF COMMISSIONERS
By tJ
dels, Chairman
Attest:
CB:kal