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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 09/13/19940 0 • Minutes of the OTTER TAIL COUNTY BOARD OF COMMISSIONERS Commissioners' Room, Floor 1-B Otter Tail County Courthouse Tuesday, September 13, 1994 1:00 p.m. CALL TO ORDER The Otter Tail County Board of Commissioners convened Tuesday, September 13, 1994, at 1:00 p.m. at the Otter Tail County Courthouse with Commissioners Harley Windels, Chairman; Bill Stone, Virginia Partmann and Andy Lindquist present. Commissioner Malcolm Lee was absent. APPROVAL OF MINUTES Motion by Lindquist, seconded by Partmann and unanimously carried to approve the September 6, 1994, minutes as submitted. BID OPENING: S.A.P, 56-599-25 -FERGUS FALLS TWP, BRIDGE REPLACEMENT After having previously advertised for bids, the Highway Engineer opened the following bids for S.A.P. 56-599-25, Fergus Falls Township Bridge Replacement: Landwehr Construction St. Cloud, MN Midwest Contracting, Inc. Marshall, MN Riley Bros. Construction, Inc. Morris, MN" $116,164.50 $156,107.00 $116,817.00 The Highway Engineer will return at the September 20th meeting with bid summary and recommendation for award. BID OPENING: SEASONAL SUPPLY OF STEEL CUTTING EDGES After having previously advertised for bids, the Highway Engineer opened the following bids for Seasonal Supply of Steel Cutting Edges: H & L Mesabi Blaine, MN Midwest Machinery Burnsville, :MN" Paper Calmenson & Co. St. Paul, MN * Bid bond was not present with bid documents. $37,101.25 $41,278.05 * -No Bid - The Highway Engineer will return at the September 20th meeting with bid summary and recommendation for award. 0 0 Otter Tail County Board of Commissioners Sep~ernber 13, 1994 • Page 2 S.A.P. 56-599-43 CONTRACT Motion by Partmann, seconded Stone and unanimously carried to authorize the Chairman's signature on a Highway Construction Contract with Landwehr Construction, Inc., St. Cloud, MN, for project S.A.P. 56-599-43 as requested by the Highway Engineer and approved by the County Attorney. OTTER TAIL AREA LAKES SEWER DISTRICT: NAME CHANGE Motion by Lindquist, seconded Stone and unanimously carried to honor the request for a name change by the Otter Tail Area Lakes Sewer District. The new name will be Otter Tail Water Management District. Mr. Krekelberg, who represented the request, indicated he would proceed with Certification of Name Change for the district. PLANNING COMMISSION RECOMMENDATIONS Motion by Lindquist, seconded Partmann and unanimously carried to uphold the decision of the Planning Commission for approval of the following: Conditional Use Applications: Preliminary Plat: Allen Antonsen/Roger Simon, Rose Lake James Neuman, Otter Tail Lake Pine Lake Township, Big Pine Lake Loren B. Finseth, South Turtle Lake Harriet Kading/Larry & Lenora Hauer, Big Pine Lake Dora Township, West McDonald Lake Nidaros Township, Siverson Lake Inwood Beach Resort, Kevin L. Christianson, Fish Lake 11K & K Addition11 , Kelly & Keven Klosterman, Otter Tail Lake Motion by Lindquist, seconded Partmann and unanimously carried to uphold the decision of the Planning Commission for denial of the following: Heart Beach Resort/William & Sandra Poulsen, Dead Lake REQUEST FOR EXTENSION OF FINAL PLAT Motion by Stone, seconded Lindquist and unanimously carried to grant a six month extension to March 13, 1994, on the Final Plat of "Condon Shores", West McDonald Lake, as requested by the Land & Resource Director. Motion by Lindquist, seconded Partmann and unanimously carried to grant an extension to July 1, 1995, on the Final Plat of "Pine Lake Shores", Little Pine Lake, as requested by the Land & Resource Director. INFORMATIONAL The Land & Resource Director presented a letter his office had received from Lazy Acres Investment Inc. for informational purposes. A site and drainage plan, according to the letter, is expected to be submitted sometime prior to the end of the first quarter 1995 regarding the proposed condominium development, 11 Lazy Acres" on Little McDonald Lake. 0 0 Ot~er Tail County Board of Commissioners SepUernber 13, 1994 'Page 3 CONDITIONAL USE APPLICATION CLARIFICATION At the Planning Commission meeting held on August 31, 1994, a request to construct the road which would service the proposed plat of 11 Highland Vista" on Big Pine Lake this fall was recommended for denial. Motion by Partmann, seconded Lindquist and unanimously carried to uphold the recommendation of the Planning Commission to deny the requested road construction relative to the proposed plat of "Highland Vista" on Big Pine Lake. Also at the Planning Commission meeting of August 31, 1994, the Planning Commission recommended changing the word 11 replat11 to "final plat" in condition number one of the Conditional Use Permit for Greenwood Resort, Otter Tail Lake. Motion by Lindquist, seconded Stone and unanimously carried to accept the changes as outlined by the Planning Commission relative to this matter. OTTER TAIL COUNTY DRAINAGE DITCH NO. 23 Bill Kalar, Land & Resource Director, reported the Environmental Quality Board had notified his office that an Environmental Assessment Worksheet Needs Determination is required for the proposed clean-out of Otter Tail County Drainage Ditch No. 23. A motion was made by Lindquist, seconded Partmann and unanimously carried to refer the task of the Needs Assessment to the Planning Commission with regard to Otter Tail County Drainage_ Ditch No. 23. (Note: If an Environmental Assessment Worksheet is determined necessary, the expense of doing so would be assessed against the ditch.} LAZY ACRES INVESTORS, RAINBOW POINT -MARION LAKE The Chairman acknowledged receipt of a petition from Marion Lake Association members indicating their intent to petition the Environmental Quality Board for determination of a needs assessment on Lazy Acres Development, Rainbow Point, Marion Lake. The Land & Resource Director outlined in detail a preliminary plan as prepared by the developers. In his outline, Kalar indicated the developer would need to revise the centralized docking system, however, the setback and buffer zones complied with the shoreland ordinance requirements. After lengthy discussion, it was the concensus of the Board to request the Marion Lake Association to apply directly to the Environmental Quality Board to determine if an Environmental Assessment Worksheet is necessary--until which time, the matter will be tabled. SCENIC BYWAYS PROGRAM Judy Stringer, Executive Director of the Convention & Visitors Bureau, provided an update on the Scenic Byways Program. Maps outlining the areas for the scenic byways were provided for discussion. A motion was made by Partmann, seconded Stone and unanimously carried in support of the Scenic Byways Program as presented. BUILDING MAINTENANCE: NEW YORK MILLS After discussion with Rick Sytsma, Building Maintenance Supervisor, a motion was offered by Lindquist, seconded Partmann and unanimously carried to direct the Building Q 0 Otter Tail County Board of Commissioners September 13, 1994 'Page 4 I Maintenance Supervisor to full-time Maintenance Lead proceed with hire, using the existing eligibility list, for a Worker to work at the New York Mills building. SOLID WASTE SERVICE FEE POINTS Michele Petterson, Service Fee Administrator, outlined Solid Waste Advisory Committee recommendations with regard to the Solid Waste Service Fee points assessed to property/business owners on the property tax statements. After discussion, a motion was offered by Lindquist, seconded Partmann and unanimously carried to approve the recommendations as outlined and further, if possible, list the fees separately on the property tax statements. TRANSFER SITE HAULER/OPERATIONS BIDS Mike Hanan, Solid Waste Director, presented the Transfer Site Hauler Bid Summary for review and recommendation. Motion by Partmann, seconded Windels to award the transfer site hauler/operations bids as recommended by the Solid Waste Director. The motion failed with Lindquist and Windels opposed. After additional discussion a motion was made by Lindquist, seconded Windels and unanimously carried to table action until the next regularly scheduled Board meeting to allow the Solid Waste Director to return with additional information. LAND SURVEYOR'S CERTIFICATE OF CORRECTION TO PLAT Name of Plat: CLAUDE MOODYS BEACH Motion by Lindquist, seconded Partmann and unanimously carried to accept the following Land Surveyor's Certificate of Correction to the plat of Claude Moodys Beach as prepared by Terry Lee Anderson, Land Surveyor, Minnesota Registration Number 14676: Pursuant to provisions of Chapter 472, Law of Minnesota, 1955, and Chapter 505.173 through 505.177, Laws of Minnesota, Terry Lee Anderson, the undersigned, a Registered Land Surveyor in the State of Minnesota declared as follows: (1) The subdivision plat of CLAUDE MOODYS BEACH was prepared by Kermit T. Bjorgum, a Registered Land Surveyor of whom is deceased. (2) The subdivision plat of CLAUDE MOODYS BEACH was filed on June 13, 1945 in the Office of the County Recorder in and for Otter Tail County, Minnesota and was recorded in Book N of Plats on Page 17. (3) That said subdivision plat of CLAUDE MOODYS BEACH contains errors,omissions or defects in the following particulars to wit: {4) A strip of land along the shoreline was undefined. The surveyor's plat shows a solid line just up from the shoreline between monuments placed on the lot lines. (5) The legal description for the outside boundaries of the plat executes all of Government Lot 6 of Section 11, Township 134 North, Range 43 West. (6) There is no designation on the plat for the resulting sliver of land between the surveyed line and the actual shoreline; therefore the only interpretation possible is to include this sliver with the lots. (7) All lot lines are to be extended to the shoreline of Long Lake. 0 Q 0 Ot~er Tail County Board of Commissioners Sepeember 13, 1994 'Page 5 Terry Lee Anderson Minnesota Registration Number 14676 County of Otter Tail State of Minnesota The above Land Surveyor's Certificate of Correction to Plat of CLAUDE MOODYS BEACH has been approved by the Board of County Commissioners of Otter Tail County, Minnesota this 13th day of September, 1994. Dated: __ q,;,;.../4~L;.;...,/4.+.!r4:.:,::.___ D OF COMMISSIONERS Attest: LAND SURVEYOR'S CERTIFICATE OF CORRECTION TO PLAT NAME OF PLAT: CAMP CORLISS Motion by Lindquist, seconded Partmann and unanimously carried to accept the following Land Surveyor's Certificate of Correction to the plat of Camp Corliss as prepared by David A. Anderson, Land Surveyor, Minnesota Registration Number 13620: Pursuant to the provision of Chapter 505,175, David A. Anderson, Registration No. 13620, the undersigned, a Registered Land Surveyor in and for the State of Minnesota declares as follows: (1) That the plat of CAMP CORLISS, dated July 22, 1914, and filed August 7, 1914, in the office of the County Recorder, Otter Tail County, Minnesota, in Book M of Plats, Page 33, was prepared by Harry E. Aalberg, Surveyor, now deceased. (2) That said plat contains the following omissions to wit: (3) The call along said shore of Lake Clitherall was omitted from the legal description on said plat. That the legal description on said plat is hereby corrected as follows, to wit: Beginning at a point 227 feet south of a point 392 feet west of the center of Section 11 in Township 132 North of Range 40 West of the 5th Principal Meridian; thence South 67 degrees West 72 feet; thence South 60 degrees West 100 feet; thence south 64 1/2 degrees West 100 feet; thence South 50 degrees West 100 feet; thence South 42 1/2 degrees West 100 feet; thence South 28 1/2 degrees West 100 feet; thence South 32 degrees West 200 feet; thence South 31 1/2 degrees West 100 feet; thence South 59 degrees East 94 feet to the the shore of Lake Clitherall; thence North 34 1/2 degrees East along said shore of Lake Clitherall, 200 feet; thence North 43 degrees East along said shore of Lake Clitherall, 200 feet;thence North 57 degrees East along said Shore of Lake Clitherall, 200 feet; thence North 66 degrees East along said shore of Lake Clitherall, 200 feet; thence North 75 degrees East along said shore of Lake Clitherall, 75 feet; thence North 28 degrees West 46 feet; thence North 68 degrees West 81 feet; thence North 49 degrees West 100 feet to place of beginning. 0 Obter Tail County Board of Commissioners September 13, 1994 "P1ge 6 , David A. Anderson Land Surveyor Minn. Reg. No. 13620 This above Land Surveyor's Certificate of Correction to the Plat of Camp Corliss been approved by the Board of Commissioners of Otter Tail County, Minnesota this day of September, 1994. Dated: __ q-1-~-"'-'-'-/+f_,qc...4.,__ __ OTTER TAIL COUNTY BOARD OF COMMISSIONERS By Attest,:<, SEASONAL LIQUOR LICENSE REFUND REQUEST has 13th Motion by Partmann, seconded Lindquist and unanimously carried to deny the request for a partial refund of a Seasonal Liquor License issued to Larry Methorst (Amor House officially to close September 14, 1994). The law, according to the County Attorney, does not provide for partial refunds on a Seasonal Liquor License. ADOPTION OF PRELIMINARY BUDGET & NET TAX LEVY 0 Proposed Total Budget and Net Property Tax Levy for Payable 1995: 0 Gross Property Tax Levy HACA Reduction Net Property Tax Levy PAYABLE 1994 12,333,845 2,334,435 9,999,420 PAYABLE 1995 12,905,652 2,176,581 10,729,071 PERCENT 4.64 (6. 76) 7 .30 Upon recommendation of the Budget Committee, the following resolution was offered by Lindquist, seconded Stone and unanimously carried to adopt the following resolution: WHEREAS, on or before September 15th, 1994, Otter Tail County must adopt a proposed budget for fiscal year 1995 and must adopt and certify a proposed net property tax levy for payable 1995. WHEREAS, the Otter Tail County Budget Committee has held numerous committee meetings to consider and discuss the 1995 budget request and tax levy information. BE IT RESOLVED, by the Otter Tail County Board of Commissioners of Otter Tail County, Minnesota, that The amount of $12,905,652 be adopted as the County's proposed gross property tax levy for the payable year 1995, representing a 4.64% increase over the gross property tax levy for the payable year 1994, and that the amount of $10,729,071 be adopted as the County's proposed net property tax levy for the payable year 1995 representing a 7.30% increase over the net property tax levy for the payable year 1994. (Attachment A). BE IT FURTHER RESOLVED, that the amount of $36,900,000 be adopted as the County's proposed budget for the General Fund, for the Budgeted Special Revenue Funds and for the 0 0 Otter Tail County Board of Commissioners Sep~ember l3, l994 ·-Page 7 ; Budgeted Debt Service Fund for the fiscal year l995, representing an increase of 6.9% from the County's l994 proposed budget. (Attachment B.) Adopted this l3th day of September, l994. Dated ,_Cf.__,_/4i""-'1'-'-/4-L-c£-'--- • I OTTER TAIL COUNTY BOAR OF COMMISSIONERS Attest: NON UNION COUNTY EMPLOYEE COMPENSATION Upon a motion by Partmann, seconded Lindquist and unanimously carried the Otter Tail County Board of Commissioners adopted the following resolution: WHEREAS, the Otter Tail County Board of Commissioners has negotiated and executed Labor Agreements with all four of the collective bargaining units representing Otter Tail County employees; and WHEREAS, each of the Labor Agreements provides for the same cost-of-living increases in compensation for the years l994, l995 and l996; and WHEREAS, the County Board of Commissioners desires to treat all its employees equally, whether or not they are members of collective bargaining units. NOW, THEREFORE, BE IT RESOLVED that the Otter Tail County Board of Commissioners hereby authorizes the following compensation increases for those county employees not represented by collective bargaining units: 1994 -No cost-of-living increase in wage or salary and no increase in the county contribution to the Flexible Benefit Program, which will remain $340 per month. The County will forgive the $98.60 required benefit premium charged each employee for the mandatory benefits under the Flexible Benefit Program for the months of November and December, 1994. Each employee will still be required to make all other payments set forth in the employee's plan enrollment for l994. 1995 -County will provide a three (3) percent cost-of-living increase in wages and salaries; and an additional $5 per month contribution to each employee's Flexible Benefits Plan, which will increase to $345 per month. 0-·~ 1996 -County will provide a three (3) percent cost-of-living increase in wages and salaries; and an additional $5 per month contribution to each employee's Flexible Benefits Plan, which will increase to $350 per month. 0 0 . Ot~er Tail County Board of Commissioners Sep~~mber 13, 1994 ''Page 8 6 Adopted this 13th day of September, 1994. Dated: __ Cf_,_¼i.,::&_;l_,_/4_Cf,__¥L-. __ _ OTTER TAIL COUNTY BOARD OF COMMISSIONERS Attest: I PROPOSED COUNTY ORDINANCE: HEARING SET Motion by Partmann, seconded Stone and unanimously carried to set a public hearing regarding notice of intention to adopt an Otter Tail County ordinance to restrict conduct on premises licensed to serve alcoholic beverages. The public hearing is set for 1:00 p.m. on October 11, 1994, in the Otter Tail County Commissioners' Room of the Courthouse located in Fergus Falls. SOLID WASTE PROCESSING FACILITIES CAPITAL ASSISTANCE PROGRAM GRANT Motion by Partmann, seconded Lindquist and unanimously carried to authorize the Chairman's signature on the Solid Waste Processing Facilities Capital Assistance Program Grant Agreement between Otter Tail County and the State of Minnesota, acting through the Office of Environmental Assistance. ADJOURNMENT At 4:30 p.m., Chairman Windels declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m., Tuesday, September 20, 1994. Dated: __ q"-"~'-'-'-</ /4,__,_<./-'-----OTTER TAIL COUNTY BOARD OF COMMISSIONERS By Attest: Larr~C<¢ CB:kal