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Minutes of the
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Commissioners' Room, Floor 1-B
Otter Tail County Courthouse
Tuesday, June 14, 1994
1:00 p.m.
CALL TO ORDER
The Otter Tail County Board of Commissioners convened Tuesday, June 14, 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 absent.
APPROVAL OF MINUTES
Motion by Lee, seconded Partmann and unanimously carried to approve the June 7, 1994,
minutes as submitted.
TOWNSHIP ORDINANCE
Mike Holstrom, Supervisor of the Amor Township Board, discussed a proposed exotic
dancing township ordinance. After discussion with the County Attorney, Sheriff and
Chief Deputy as well as Board members about enforcement of this proposed ordinance,
Holstrom indicated he would return if/when the proposed ordinance becomes a township
ordinance to address enforcement.
PORTAGE LAKE PUBLIC ACCESS
Dale Denker, Portage Lake area resident, discussed problems of noise, litter and
gunshots at the public access on Portage Lake. Because of these problems,
Otter Tail County has requested a curfew at the access, however, the Department of
Natural Resources (DNR) would not approve the curfew plan. Chairman Windels appointed
the County Attorney and Sheriff to prepare a statement to be sent to legislators, the
Department of Natural Resources and the governor requesting their cooperation in this
matter.
LICENSE APPLICATIONS
Motion by Stone, seconded Partmann and unanimously carried to approve the following
license applications:
B.P.O. Elks Lodge No. 1093
Elks Point
Dane Prairie Township
Big Chief Station
Stewart Fenton
Fergus Falls, MN
Birchwood Golf Course
Brian L. Evenson
Pelican Rapids, MN
On-Sale Non-Intoxicating
Malt Liquor License.
Off-Sale Non-Intoxicating Malt
Liquor License
On/Off Sale Non-Intoxicating
Malt Liquor License
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Otter Tail County Board of Commissioners
June 14, 1994
Page 2
Country Manor Motel
Minnesota Motel Corporation
Thomas J. Petters
Wadena, MN
Dave & Louises
Dave or Louise Trana
Ottertail, MN
Graystone Lodge
James H. and Beverly J. Ellis
Battle Lake, MN
Koep's Clitherall Corner
Joe and Eileen Koep
Clitherall, MN
Lenny's Cafe and Dance Barn
Leonard Lund/Thelma Ard
Underwood, MN
Pelican Hills Park, Inc.
John K. Morgan
Pelican Rapids, MN
Pelican Supper Club
Paul Herringer
Pelican Rapids, MN
Sleepy Hollow Resort
Louis L. Lepacek
Battle Lake, MN
Uncle Ed's
Gary or Nancy Seeck
Erhard, MN
On Sale Intoxicating Liquor
License
On/Off Sale Non-Intoxicating
Malt Liquor License
Off Sale Non-Intoxicating
Malt Liquor License, On-Sale
Intoxicating Liquor License and
Sunday Liquor
Off Sale Non-Intoxicating
Malt Liquor License
On/Off Sale Non-Intoxicating
Malt Liquor License
Off Sale Non-Intoxicating
Malt Liquor License
On-Sale Intoxicating Liquor
License, Sunday Liquor and
Off-Sale Non-Intoxicating
Malt Liquor License
On/Off Sale Non-Intoxicating
Malt Liquor License
Off Sale Non-Intoxicating
Malt Liquor License
Motion by Stone, seconded Lee and unanimously carried, to approve the application of
Four Star Promotions, Inc. for an On-Sale Non-Intoxicating Malt Liquor License for the
Runestone Festival on June 17-18, 1994.
COUNTY DRAINAGE DITCH NO. 21
Motion by Lee, seconded Partmann and unanimously carried to approve payment from the
county Ditch Fund to Interstate Engineering, Inc. in the amount of $608.50 for
construction staking on County Drainage Ditch No. 21.
Motion by Partmann, seconded Lee and unanimously carried to approve payment to Delzer
Construction, Inc. in the amount of $3,679.70, for services provided on County Drainage
Ditch No. 21.
Motion by Partmann, seconded Stone and unanimously carried to authorize the Auditor to
transfer $4,288.20 from the General Fund to the Ditch 21 Fund.
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Otter Tail County Board of Commissioners
June 14, 1994
Page 3
AUTHORIZATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE
No objection was expressed by Commissioner Lee with regard to an application for
authorization for exemption from lawful gambling license received from the
Pelican Rapids Ladyslippers DU.
VEHICLE PAYMENT AUTHORIZED
Motion by Lee, seconded Stone and unanimously carried to approve payment to Superior
Ford for four 1994 Crown Victoria Patrol Cars, under the Minnesota Cooperative
Purchasing Contract in the amount of $56,053.
TWO DUMP BOX UNDERBODY BLADE & HYDRAULIC SYSTEMS
Motion by Lee, seconded Stone and unanimously carried to award the bid for two dump box
underbody blade & hydraulic systems to the lowest bidder as recommended by the Highway
Engineer:
Swanston Equipment
Fargo, ND
$49,379.96
UNDERGROUND TANKS
Motion by Partmann, seconded Lee and unanimously carried to authorize the removal of
underground storage tanks at Vergas and Fergus Falls as requested by the Highway
Engineer.
ERHARDS GROVE TOWER
Motion by Portmann, seconded Stone and unanimously carried to authorize the Highway
Engineer to proceed with maintenance on the Erhards Grove Tower to bring it into
compliance with FAA and FCC regulations as outlined by the Highway Engineer. The motion
authorized the work to be performed by Tim's Tower Service of Sauk Rapids.
DELINQUENT MOBILE HOME TAXES
Motion by Portmann, seconded Lee and unanimously carried to remove from the delinquent
mobile home tax list the following individuals. Both are deceased:
Roen Norton, Mahnomen, MN
Harvey Whitlock, Dent, MN
$ 10.80
$147.36
FORGIVENESS OF PENALTY & INTEREST
Motion by Lee, seconded Portmann and unanimously carried to forgive the penalty and
interest of Gary Burggraff, Moorhead, MN, 17-000-99-1472-000, due to the evidence from
the post office which supported the unusual circumstances surrounding the postmark on
their property taxes.
WEST CENTRAL AREA AGENCY ON AGING
Motion by Stone, seconded Partmann to approve the request of the West Central Area
Agency on Aging to become an additional insured under the county's M.C.I.T. workers'
compensation policy. Voting opposed to the motion were Lee, Portmann and Windels. The
motion was not carried.
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Otter Tail County Board of Commissioners
June 14, 1994
Page 4
RESOLUTION AUTHORIZING THE DEPOSIT OF FUNDS WITH THE
MINNESOTA VETERANS HOMES BOARD FOR USE IN THE CONSTRUCTION
OF A VETERANS NURSING HOME IN FERGUS FALLS, MINNESOTA
Upon a motion by Virginia Portmann, seconded by Malcolm Lee and unanimously carried, the
Otter Tail County Board of Commissioners adopts the following resolution:
WHEREAS, the Otter Tail County Board finds the following facts, in support of this
resolution:
1. Minnesota Statutes, Section 198.36 provides that the Veterans Homes Board shall
establish a Veterans Home in Fergus Falls, Minnesota, to provide skilled nursing
care, which home must be purchased or built with funds, 65 percent must ·be provided
by the federal government, and 35 percent by other non-state sources, including
local units of government.
2. The Otter Tail County Board of Commissioners received the approval of a majority of
voters voting in a special election, held November 2, 1993, to issue general
obligation bonds, not to exceed $1,500,000, to provide part of the funds for the
acquisition and betterment of a Veterans Home to be owned and operated by the Board
of Directors of the Minnesota Veterans Homes Board, in Fergus Falls, Minnesota.
3. The Veterans Homes Board has made preliminary application to the United States
Department of Veterans Affairs requesting federal funding for a Veterans Nursing
Home in Fergus Falls and the Veterans Affairs Rules require that at least one-half
of the state funds must be available for the project prior to approval.
4. The State of Minnesota, Department of Finance, requires that one-half of the local
share funds must be on deposit in the State Treasury in order to issue an official
letter of certification to the Veterans Affairs.
5. The State of Minnesota, Department of Finance, has guaranteed that the funds on
deposit in the State Treasury will earn interest at a reasonable market rate which
will accrue to the balance on deposit.
6. The Veterans Homes Board has assured that in the event the project is rejected,
abandoned or cancelled, the unspent portion of the county's deposit and all
accumulated interest shall be refunded to the county.
NOW, THEREFORE, BE IT RESOLVED by the Otter Tail County Board of Commissioners, as
follows:
1. That the Otter Tail County Treasurer is hereby directed to transfer the amount of
$750,000 from the county general revenue fund to the Minnesota State Treasury as a
deposit of one-half of Otter Tail County's maximum contribution to the 35 percent
local share of the estimated total construction cost of a Veterans Nursing Home in
Fergus Falls, Minnesota.
2. That this deposit of funds with the State of Minnesota is made upon the following
conditions:
Otter Tail County Board of Commissioners
June 14, 1994
Page 5
a. That upon receipt of the money, the Minnesota Veterans Homes Board shall place
the funds in an interest-bearing account where they shall accrue a reasonable
market rate of interest.
b. That the sole and exclusive use of the money and interest accrued shall be for
capital expenditu·res related to the construction of a Veterans Home in
Fergus Falls, Minnesota.
c. That, upon receipt of approval of 65 percent funding by the federal government
and the payment of the balance of the 35 percent local share, the
Mi~esota Veterans Homes Board agrees to construct and operate a Veterans Home
•in Fergus Falls, Minnesota, of at least 60 beds, to provide skilled nursing
care and related health and social services to qualified veterans, including
those who are residents of Otter Tail County.
d. That in the event that the federal government denies the application for
funding or indicates that it will not be approved, or in the event that the
Minnesota legislature substantially amends or repeals Minnesota Statutes,
Section 198.36, or for any other reason the Veterans Home cannot be constructed
or operated in Fergus Falls, Minnesota, then the State of Minnesota, Veterans
Homes Board, agrees to promptly refund the unused portion of this and any
subsequent Otter Tail County deposit, along with any accrued interest, to the
County of Otter Tail.
e. That the Minnesota Veterans Homes Board will provide Otter Tail County with a
Receipt of Deposit, acknowledging its agreement to the conditions set forth in
this resolution.
That pursuant to Treasury Regulations, Section 1.150-2, the county hereby declares
its official intent to reimburse the deposit with the proceeds of bonds of the
county, which were authorized by an election held November 2, 1993, in the amount of
$1,500,000.
Adopted this 14th day of June, 1994.
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Attest:
Auditor
BID OPENING
r \ Motion by Lee, seconded Fortmann and unanimously carried to autho~ize the H_ighway ~ En9ineer to proceed with MnDOT's recommendation to advertise for bids on
Projects SP 56-6l4-09 and SP 56-614-10. The opening is scheduled for Tuesday,
July 26, 1_994, at 2:00 p.m.
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Otter Tail County Board of Commissioners
June 14, 1994
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ADJOURNMENT
At 3:40 p.m., Chairman Windels declared the meeting of the Otter Tail County Board of
commissioners adjourned until 9:30 a.m. on Tuesday, June 211 1994.
Dated: 'f'l#t 4[, /qqif OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Attest: 411~
Larry Krohn, Clerk
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