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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 10/12/1988CALL TO ORDER ALL PRESENT MINUTES APPROVED FORGIVENESS OF PENALTY DENIED FORGIVENESS OF PENALTY APPROVED STATE AUDIT EX IT CONFERENCE FORFEITURE CANCELLATION . ANTHONY REINEKE ABATEMENTS S.A.P. 56-635-14 AD FOR BIDS MINUTES OF THE ADJOURNED MEETING OF THE BOARD OF COUNTY COMMISSIONERS October 12, 1988 Pursuant to adjournment, the Board of County Commissioners of Otter Tail County met Wednesday, October 12, 1988. Chairman Lindquist called the meeting to order at 12:40 p.m. with all members present. Motion was made by Mel 0. Olson, seconded by Hub Nordgren and unani- mously carried, to approve the minutes of the October 5th meeting as mailed. Motion was made by Bert Hovland, seconded by Mel O. Olson and unani- mously carried, to deny a request for forgiveness of penalty on late payment of tax by Harrison H. Schmitt, on property in Girard Township where the property had been transferred to Mr. Schmitt on November 15th of 1988, with the statutory deadline for transfer being October l 6tn. Motion was made by Hub Nordgren, seconded by Bert Hovland and unani- mously carried, to approve the forgiveness of penalty on late payment of tax for S. Ollie, Compton Township, where the county had errone- ously mailed the tax statement to Iowa when it should have gone to Idaho, because of a typographical error. Motion was made by Bert Hovland, seconded by Hub Nordgren and unani- mously carried, authorizing the Chairman of the Board, Andy Lindquist, and Mel O. Olson to attend the exit conference with the State Auditors. Upon motion made by Sydney Nelson, seconded by Bert Hovland and unani- mously carried, the following resolution was adopted: RESOLVED by the Board of County Commissioners of Otter Tail County Minnesota, that WHEREAS, on the 4th day of October, 1988, pursuant to the laws of the State of Minnesota, a certificate of forfeiture was executed by the county auditor of Otter Tail County describing Part of G.L. 3, beg. 271' E of NW cor. S 231', E 220', N 231', W 220' (school tract}, in Section 6, Township 132, Range 37, said certificate having been filed in the office of the county recorder under micro film No. 680492, and WHEREAS the above described premises having been owned by Anthony Reineke at the time of the supposed forfeiture and that the inclusion thereof in said certificate was erroneous for the reason that a confession of judgment had been filed by said Reineke and the property should not have been included therein, NOW, THEREFORE, BE IT RESOLVED the County Board does hereby approve the cancellation of the county auditor~s certificate of forfeiture as to certain lands and hereby recommends cancellation be granted. Adopted at Fergus Falls, MN this 12th day of October, 1988. Upon motion made by Bert Hovland, seconded by Sydney Nelson and car- ried, with Hub Nordgren voting "no", special assessments for County Ditch #68 were removed from all properties in Inman Township that are owned by the U.S. Federal Government. Motion was made by Mel 0. Olson, seconded by Sydney Nelson and unani- mously carried, authorizing the advertising of bids to be received until 10:00 a.m., Wednesday, November 16, 1988, for grading, aggre- gate base and bituminous base & surface, for 3.537 miles from CSAH #85 and north 3.537 miles to CSAH #36, under S.A.P. 56-635-14. VERGAS PROPERTY OFFER MVET FUNDING FOR COUNTIES RESOLUTION RESOLUTlON p BRIDGE BOND I NG PROGRAM County Board -2 -October 12, 1988 County Engineer Berend advised the Board that he had made an offer of $5,000 for the property adjacent to the County Garage in the City of Vergas, with the offer being rejected. No further action ta ken. Upon motion made by Mel 0. Olson, seconded by Sydney Nelson and unani- mously carried, the following resolution was adopted: RESOLVED by the Board of County Commissioners of Otter Tail County Minnesota, that WHEREAS, the 1988 Legislature passed a Highway Funding Bill that increases highway funding to the Counties, and WHEREAS, the MVET transfer to Counties portion of those funds will be discontinued in 1991, and WHEREAS, that bill included a~ansfer of 30% of monies collected from Moter Vehicle Excise Tax (MVET), and WHEREAS those monies are distributed to transit throligh11the·. i· .'! current Highway User Fund distribution formula, and WHEREAS, transportation has needs beyon~ their funding capability, NOW, THEREFORE, BE IT RESOLVED, that Otter Tail County requests that the 1991 sunset provision in the current transportation funding law be removed to allow continued distribution through the current Highway User Fund distribution formula. Adopted at Fergus Falls, MN this 12th day of October, 1988. Upon motion made by Bert Hovland, seconded by Hub Nordgren and unanimously carried, the following resolution was adopted: RESOLVED by the Board of County Commissioners of Otter Tail County Minnesota, that WHEREAS, the Minnesota Bridge Replacement Bond i"ng Program has proven to be a very effective program in meeting transportation needs, and WHEREAS, many county and township bridges under twenty feet in length are listed as deficient and in need of replacement, and WHEREAS, maximum utilization of bonding money on a statewide basis can be achieved by funding many bridges at a smaller individual cost, and WHEREAS, Federa~ Bridge Replacement funds are available for bridges over twenty feet in length, NOW, THEREFORE, BE IT RESOLVED, that Otter Tail County strongly urges the 1989. legislature to provide significant dedication of Bridge replacement funding for bridges under twenty i"feet in length and matching funds for the Federal Bridge Replacement program through the continuation of the State Bridge Bonding Prdgram. Adopted at Fergus Falls, MN thfs 12th day of October, 1988. JUDICIAL DISTRICT Larry Krohn, County Coordinator, advised the Board that a fund BUDGET in the amount of $500,000 has been set up by the State of Minnesota for distribution to the agriculturally distressed counties, of which Otter Tail County is one, towards the judicial district budget for the year 1989. BECKER COUNTY DITCH #34 Krohn al so informed the Board thaLa revi ~w11board ]for Becker County COMMITTEE Ditch #34 is to be set up and Otter Tail County is requested to have two members sit on said Board. Chairman Lindquist appointed Sydney Nelson and Berton Hovland to represent Otter Tail County on the Becker County Ditch #34 committee. PRESCRIPTION DRUG COVERAGE PLATS APPROVED CONDITIONAL USE PERMIT KEVIN MOORE I County Board -3 -October 12 1 1988 Motion was made by Mel O. Olson, seconded by Hub Nordgren and unani- mously carried, to continue the 90% prescription drug coverage, plus the 80% of major medical prescription drug coverage, be inst~tuted retroactive to January l, 1988, as was covered under the previous insurance carrier. Upon motion made by Sydney Nelson, seconded by Bert Hovland and unani- mously carried, the following plats were approved: Ja-Ma-Ka Beach, ·2~tl Add 1 n, Section 13, Dora Township Deer Trail Estates, Section 9, Star Lake Township First West Avanue, Section 27, Tordenskjold Township. The conditional use permit granted to Kevin Moore in 1987 for opera- tion of an electtical shop in Girard Township on a year~s trial basis was given permanent approval upon motion made by Bert Hovland, seconded by Mel 0. Olson and carried unanimously. SNOWMOBILE TRAIL GROOMING Motion was made by Hub Nordgren, seconded by Bert Hovland and unani- APPROVED mously carried, to grant permission to the Otter Tail Country Trail Association to contract with DATA (Douglas County Trail Association) for grooming of the trail from Inspiration Peak to Wee Town. INSTALLERS LICENSES APPROVED CONDITIONAL USE PERMIT DENIED CONDITIONAL USE PERMITS APPROVED RESOLUTION CONSTRUCTION PERIOD RESTRICTIONS EXPANDED Motion was made by Sydney Nelson, seconded by Bert Hovland and unani- mously carried, to approve the following applications for sewage dis- posal system installers license: Bill Walker Bill Walker Excavating Wahpeton, ND Parkers Prairie, MN Dennis Hultstrand B & H Builders Motion was made by Bert Hovland, seconded by Hub Nordgren and unani- mously carried, to uphold -the decision of the Otter Tail County Plan- ning Commission and deny the application of. Gary Bultman to grade a 40 1 wide and 70 1 deep area for slope to the beach, on Pelican Lake in Dunn Township. Upon motion made by Hub Nordgren, seconded by Mel 0. Olson and unani- mously carried, the following conditional use permits were approved, subject to conditional requirements: Curt Thompson Everts Township Charles Kochmann John Lowe Raymond F. Schmitt Alfred E. Briggs Scott Malmstrom Amor Township Lida Township Elizabeth Township Dunn Township Girard Township Remove stumps from lot and cu t i c e r id g e Move sand from highwater mark to existint bank, on 29 properties Fill low area Operate small enginer repair business out of garage Erect 4 1 x 41 business sign Excavate for walk-out basement Upon motion made by Hub Nordgren, seconded by Sydney Nelson and unani- mously carried, the following resolution was adopted: RESOLVED by the Board of County Commissioners of Otter Tail County Minnesota, that /· WHEREAS, Section IV. 2.d. of the Shoreland Management Ordinance of Otter Tail restricts grade and fill construction projects to a period from April 15th through September 1st annually; and WHEREAS, the April 15th to September 1st construction period restric- tion was established to minimize erosion, and WHEREAS, the April 15th to September l st construct ion period is too restrictive and not applicable to all grade and fill projects, and WHEREAS, little or no erosion will occur in grades of less than 20% critical slope, CONSTRUCTION PERIOD (Cont'd) RESOLUTION MINOR -DEFINITION CANISTER ATTENDANTS RESOLUTION -HENNING LANDFILL ACQUISITION RESOLUTION -BATTLE LAKE LANDFILL ACQUISITION I County Board -4 -October 12, 1988 NOW, THEREFORE, BE IT RESOLVED, hereafter the April 15th to September 1st construction period shall not·be a~pliciblefto·cbndi,~onal use permits for grading, filling or alteration of the natural topography involving finished grade slopes of less than 20%, ~onsistent with the current critical slope requriements for installing soil absorption sewage systems and when appropriate methods for preventing erosion are adhered to. Adopted at Fergus Falls, MN this 12th day of October, 1988. Upon motion made by Andy Lindquist, seconded by Bert Hovland and unani- mously carried, the following resolution was adopted: RESOLVED by the Board of County Commissioners of Otter Tail County Minnesota, that WHEREAS, the word 11minor 11 in Section VI. 2. d. of the Shoreland Manage- ment Ordinance of Otter Tail County is not quantitive, and is subject to conjecture; and W~EREAS the word 11minor 11 in Section VI. 2. c. has causeddelays and hardships to property owners and earthmoving contractors, and no en- vironmental benefits have acctru·ed, ,1,l NOW, THEREFORE, BE IT RESOLVED, hereafter the word 11m i nor II as it per- t a ins to Section IV. 2. d. of the Shoreland Management Ordinance of Otter Tail County is assigned a numeric value of not more than three hundred (300) cubic yards for landscaping purposes. Mike Hanson, Solid Waste Officer, discussed the position of attendants at the canister sites, attempting a e:la:ssiification as to whether they are contracted individuals or employees and paid under the county's payroll system. Larry Krohn, County Coordinator, indicated this would be addressed in the county's affirmative action plan which must be updated and in effect as of December l, 1988. No action taken. Hanan also discussed the acquisition of the Henning and Battle Lake Landfill sites. After some discussion, Mel 0. Olson offered the following resolution and moved for its adoption. The motion was seconded by Bert Hovland and carried unanimously. RESOLVED by the Board of County Commissioners of Otter Tail County Minnesota, that Otter Tail County acquire the 40 acres on which the Henning Landfill and transfer station are located, acquisition to be by a simple transfer of all properties and assets, exclusive of prior liabilities, similar in nature to the acquisition by the County of the Northeast Otter Tail County Landfill, and BE IT FURTHER RESOLVED, Chairman of the Board, Andy Lindquist, to- gether with Hub Nordgren, Michael Hanan and a representative of the County Attorney~s office be appointed to a committee to meet with representatives of the City of Henning on the details of such trans- fer. Adopted at Fergus Falls, MN, this 12th day of October, 1988. Upon motion made by Andy Lindquist, seconded by Hub Nordgren and unanimously carried, the following resolution was adopted: RESOLVED by the Board of County Commissioners of Otter Tail County Minnesota, that Otter Tail County acquire the Battle Lake Landfill consisting of eighty (80) acres, less the current permitted acres used for the landfill, plus the balance of all funds of the Battle Lake Landfill Association to assist in the closure costs of the present site. BE IT FURTHER RESOLVED Mike Hanan, Solid Waste Officer, together with a representative from the County Attorney's office, be appointed to meet with representatives from the Minnesota Pollution Control Agency relative to the requirements of closing of the landfill. LOCAL WATER PLANNING TASK FORCE ADJOURNMENT County Board -5 -October 12, 1988 Motion was made by Sydney Nelson, seconded by Bert Hovland and unani- mousJy carried, to appoint John Moenkedick, Brian Krawi~cki and JOhn Goudy as members of the Comprehensive Local Water Planning Task Force. At 2:55 p.m., with no further business, Chairman Lindquist declared the meeting adjourned until 9:30 a.m., Wednesday, October 19, 1988.