HomeMy WebLinkAboutBoard of Commissioners - Minutes - 03/23/2004r
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MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Government Services Center, 500 Fir Ave. W .
Commissioners' Room
Tuesday, March 23, 2004
9:30.a.m.
I Call to Order \
The Otter Tail County Human Services Board convened Tuesday, March 23, 2004, at
9:31 a.m. at the Otter Tail County Government Services Center with Co\llmissioners
Syd Nelson, Chair; Bob Block, Vice-Chair; Roger Froemming, Dennis Mosher, and
Malcolm Lee present.
Approval of Agenda
Motion by Mosher, sepond by Lee, and unanimously carried to approve the Hu an Services
agenda of March 23, 2004, as mailed.
Approval of Minutes
Motion by Mosher, second by Froemming, and unanimously carried to approve the Human
Services Board minutes of March 9, 2004, as presented.
Listening Ear Crisis Center
Listening Ear Crisis Center advocates Sherrie Obright and Leona Ulrich resented a
Proclamation for Sexual Assault Awareness Month and Crime Victims' Rights W 'ek. Sexual
Assault is a nationwide concern, as well as a concern in Otter Tail County.
Otter Tail County Proclamation
Crime Victim's Rights Week
Sexual Assault Awareness Month
Otter Tail County Resolution No. 2004 -15
Commissioner Block offered the following and moved its adoption: I .
WHEREAS, we as a Nation recognize crime victims' suffering, struggles and loss, and value
them as our family members and friends, neighbors and co-workers who have bi' en harmed
by crime; and I .
WHEREAS, we as individuals and communities value core rights for crime victims that allow ' , them to participate in justice processes with rights to information, protection, reslitution, and
to be heard; and I
WHEREAS, we value the critical assistance and services that provide for crime victims' basic
needs, such as fair treatment, dignity, respect and information, and the life esse tials, such
as safe housing, food, support for their children, transportation, counseling, a d medical
services; and
WHEREAS, we value those among us who work on behalf of crime victims o not only
improve rights, services and treatment of victims of crime, but to also build a better and more
just community and co~ntry; and I
OTC Board of Commissioners' Meeting Minutes
March 23, 2004
Page 2 r
WHEREAS, we value our.right to be.freE; from vi6(ence, to be safe in our homes and to live in 0
peace in our communities; and . _ · · . · _,_. :-,. . . . .
WHEREAS, America as a Nation values liberty and justice for a//, including efforts to protect, ,
enhance and expand crime victims' rights and services; and
WHEREAS, America has joined together annually for the past 24 years to recognize the
needs and rights of crime victims ahd survivors; therefore, 'be it : ; -
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RESOLVED, that'Otter Tail County Commissioners proclaim the week of April 18 to 24, 2004
to be Otter Tail County Crime Victims' Rights Week and the month of April to be OtlerTail
County Sexual Assault Awareness Month, and honors crime victims and those who serve
them during this week and throughout the year;' and be it further
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RESOLVED, that as individuals, as communities and as: a· nation, .we continue to value crirhe
victims and survivors, and to value justice in our nation that includes and involves crime
victims; and be it further ·· ' '
RESOLVED, that a suitably prepared copy ofthis'proclamation be presented to Listening Ear
Crisis Center on March 23, 2004.
Com.missioner-Mosher seconded -the motion, and upon: being put to vote,· was· unanimously
carried.· · ,:, · · ·
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Adopted and signed this 23rd day of March 2004.
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Dated: OL/ /o (p / o../ · _: -;
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Attest: . ~ u---_
,. . Larry Kroh£ Clerk · · · · ··. ·,,
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West Central Regional Juvenile Center ~ "
Court Services Director, Chuck Kitzman, provided notification and agenda for the West
,Central Regional Juvenile Center -Advisory· Board ·meeting ·to be held on', Thursday,
April ,1; 2004, at 10:00 a.m:-Mr.:,Kitzman "reviewed Yearly reports.for 2002 and 2003 for
WCRJC and made comparisons. -Total number of residents for 2003 in Secure Detention
was 558 compared to 537 in 2002. The average number of residents per day for 2003 was
15.13 compared to 14.56 in 2002. The average length of stay was 9.9 days for both years.
Per diems·for 2004 were set at:$-158.00 for.member counties and $173.00 for non.amember
counties for Secure Detentiori. -•; . -' · ·
Contract Agreement With MN Department of Health
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. ... '' ',-, · .-TuberculosisFunds-~, ·-....
Motion by Mosher, second by Froemming, and ·unanimously-carried, to·authorize the Chair'.s Q
signature on a Grant Project Agreement between the Minnesota Department of Health and
Otter Tail County Public Health ·for health screening and follow-up services for tuberculosis
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OTC Board of Commissioners' Meeting Minutes
'March 23, 2004
Page 3
and for foreign born persons. Total compensation and reimbursement shal not exceed
$1,153.00.
MN Department of Health Assurance and Ag'reement
for Local Public Health Act Funding
Motion by Block, second by Mosher, and unanimously carried to authorize the Chair's
signature on MN Department of Health Assurances and Agreements for Local I ublic Health
Act Funding. This agreement assures that local Public Health Act funding will be used in
accordance with the terms outlined in the Community Health Board's Master G~ant Contract
effective January 1, 2004 -December 31, 2008.
Legislative Update
Public Health Director, Diane Thorson, reported that on the MN Emergency Health Powers
Act, civil trial lawyers are trying to eliminate liability for volunteers. Ms. Thorson J1so reported
on the proposed Meth Bill and has been following the Clean Indoor Air Act and stated that
this is just a start of a several year process.
Fraud & Collections Investigation Annual Report
Investigator/Collection Unit Supervisor, Al Anderson; Fraud Prevention Investigator, Sandra
Holo; Collections Officer, Susan Ulschmid; and Case Aide, LeeAnn Sudbeck, gavb a report of
the Fraud Prevention Statistics for 2003. The Collections and Investigation Unit rbceived 128
FPI referrals in 2003, with 125 referrals completed. Cases included I unreported
• assets/income, household compositions, child care hours, and residence. Total FPI savings
and overpayments for 2003 was $92,375. Annual reports for 2001, 2002, and 20, 3 for Out of
Home Placement Fees and Detoxification Fees were discussed.
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Amendment to Contract
Productive Alternatives
Human Services Director, John Dinsmore, reported that some of the numbers w re incorrect
on a Contract with Productive Alternatives and requested approval for an Amendment
' ' Motion by Lee, second by Froemming, and unanimously carried, to amend the Purchase of
Service Agreement between Otter Tail County Department of Human sJrvices and
Productive Alternatives for sheltered employment and follow-up service as follows
Day Activity Center and Supported Employment:
Full Day
Partial Day
Transportation
Current
$51.17
$38.38
$10.00
Bills & Claims
Amended Contract
$52.78
$39.58
$9.90
Motion by Block, second by Lee, and unanimously carried to approve the Hum n Services
bills & claims as presented. l
Recess and Adjournment
At 10:45 a.m., Chairman Nelson declared the meeting of the Otter Tail Cou ty Human
Services Board recessed for a Personnel Committee Meeting. At 11 :01 1 .m., upon
completion of the Personnel Committee Meeting, Chairman Nelson declared the meeting of
OTC Board of Commissioners''.MeeiiniMinutes
March 23, 2004
Page4
the--Otte·r Tail• County· Human· Services· Board adjourned-uhtil 9:30 ·-a.m.-. ori :Tuesday, Q
April 13, 2004. : : · r
Dated: _ ___,6="='':{➔/_,,o"--'_ ":::..7'--'/0=:.:'-/+-.-.--.. -.-..
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RVICES BOARD
Call to Order.:: County Board -.. . . .
The Otter Tail County Board of Commissioners convened Tuesday, March 23, 2004, at
11 :02 a.m. at the Otter Tail County' Government. Services Center with Commissioners
Sydney• Nelson, Chair; Bob. Block;, Vice~Chair; Dennis Mosher, Roger Froemming, and
· Malcolm Lee presen~. r · · · :, · · ·' · : ·,, -~ : · · '· -, · . -, , ·
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Approval of Agenda: ·' · c·
Motion by Froemming, second by Block, and unanimously carried to approve the County
Board agenda of March 23, 2004, with. the following additions:
-· • •. Blue Heron Bay CUP Findings .•·;·
· ·,,,_ .. . ·';Judiciai:Ditch:No:2· --•
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Approval of Minutes '. •· · ' ' Q
Motion by Mosher, .second by Lee, and unanimously carried -to approve ttie County Board
minutes of March 16, 2004; ·as mailed. ·, . · -· " · . · . . .
Correction to March 9, 2004, County Board Minutes
Motion by Mosher, second by Lee, arid unanimously carried to approve
correction to the March 9, 2004, County·Board Minutes:., ·
Under the section of Sheriff Department Recommendations: ·
The Sheriffs Department budget was reduced this·year as two
additional deputy positions•were not approved .. , . -•
The sentence should read as follows:· ,·
The Sheriffs Department proposed budget was reduced this
year as two additional deputy positions were not approved .. · •
Approval to Pay Bills
the following
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Motion by Lee, second· by Mosher, and unanimous!{ carried to approve payment of the
County Board bills per Attachment A of these minutes, with the following lodging payments:
Grand View Lodge Veterans Services Director, Jourdan Sullivan
Veterans Service Officer, Tom Figliuzzi
, . ·. · Veterans Service Officer, Bernie Gamber
Approval of Final Plats
Motion by Nelson, second by Mosher; and unanimously carried to approval the Final Plat of
Ronald E. Goodman known as 'IOak Ridge Estates Third Addition" on Wimer Lake (56-355) Q
located in Section 10, Township 137 North, Ran'ge 40. · ' ., ,.,
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OTC Board of Commissioners' ~eeting Minutes
March 23, 2004
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Motion by Nelson, second by Froemming, and unanimously carried to approve the Final Plat
of Ronald E. Goodman and Barbara A Goodman known as "Nebraska Beach Second
Addition" on Wimer Lake (56-355) located in Section 10, Township 137 North.I Range 40 ,
Hobart Township.
Motion by Mosher, second by Block, and unanimously carried to approve the Final Plat of
Phillip J. Nelson and Eloise A Nelson, known as Nelson's Subdivision on Stalker Lake
(56-437) located in Section 35, Township 132, Range 41, Tordenskjold Township1
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Motion by Froemming, second by Lee, and unanimously carried to approve the Final Plat of
Loren W. Hoyhtya and Diane M. Hoyhtya and Steven J. Stelter and LuAnn F, Stelter known
as "Loren Addition" on East Leaf Lake (56-116) located in Section 26, Tbwnship 13,
Range 38, Leaf Lake Township. I
Motion by Mosher, second by Froemming, and unanimously carried to approve t~e Final Plat
of Belgaard Family Enterprises, LLP, known as "Bluegill Bay Estates" on Sewell Lake
(56-408) located in Section 23, Township 131, Range 41, St Olaf Township.
EZflow Update
Land & Resource Director, Bill Kalar, presented a letter he had received from the Minnesota
Pollution Control Agency concerning the use of EZflow polystyrene aggregate\ bundles as
drainfield medium in Minnesota. Commissioners requested that Mr. Kalar contact
Mike Volrath, Representative from EZflow, to do a presentation at a future cbunty Board
meeting.
Blue Heron Bay CUP Findings
County Attorney, David Hauser, provided a copy of the Findings of Fast regarding
April 22, 2003 Action Granting Conditional Use Permit for Blue Heron Bay Project. Motion by
Lee, second by Froemming, and carried by a 4-1 vote, with Mosher opposed, to adopt the
Findings of Fact regarding April 22, 2003 Action Granting Conditional Use Perfnit for Blue
Heron Bay Project After further discussion, Commissioner Mosher changed his vote, and
motion carried unanimously. (A signed copy of the Findings of Fact is attached t' the official
County Board Minutes as Attachment B).
MnDOT Detour Agreement
CSAH 96 in Pelican Rapids
Otter Tail County Resolution No; 2004 -16
Commissioner Lee offered the following and moved its adoption:
IT IS RESOLOVED THAT Otter Tail County enter into MnDOT Agreement No. 86167 with
the Sate of Minnesota, Department of Transportation for the following purposes:
To provide for payment by the State to the County for the use of County State Aid Highway
No. 21 and County State Aid Highway No. 28 as a detour route during the bitu/ninous mill
and overlay, slope repair, guardrail and turn lane construction and other !associated
construction to be performed upon, along and adjacent to Trunk Highway No. 59 from Dump
Road in Erhard to 500 feet North of County State Aid Highway 9 in Pelican Rapids under
State Project No. 5617-28 and No. 5618-23 (TH. 59=030) and State Project Nb. 5625-13
(T.H.108=206). !
OTC Board of Commissioners' Meeting Minutes
. March 23, 2004
Page6
. IT IS FURTHER RESOLVED that the Counfy Board Chair and' the CountiBoard Clerk are
, authorized to execute thei-Agreement and any amendments to the Agreement. · ·
Commissioner Mosher seconded the motion, and upon being put to vote, was unanimously
carried.. · · , -· · _. ' · ,
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Adopted this 23rd day ofMarch 2004.
Dated:_· __ -.,..!C>,::::_ :::i'tJ.../,f.,!_6""'tp<:J./'-'o""· 4-=----7 .J ·)
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Phelps Mill Foundation Repairs · · · . · · · ·
Highway Engineer, Rick West, provided a Preliminary Report from Barr Engineering
regarding the Phelps Mill Foundation repairs. The report indicates that the foundation and
basement floor are· in poor condition. The building was constructed in· 1889. -The poor
conditions are caused by the age and the moist environment -it hangs over the river. Barr
Engineering recommended the closure of the. building ·until some type of repairs were
completed,· This could be a public safety issue· and access· by the public should not be
allowed. The estimated cost for repairs are as follows:
Temporary repairs (shoring jacks) · $ 26,000.00
Permanent Repairs · :·,$313,475.00
The temporary repairs would have a life of one year, but could be extended to three years by
monitoring and adjusting the jacks as necessary'.· Motion by Froemming, second by Mosher,
:and upon being put.to vote, carried .with Lee opposed, to approve. the temporary repairs for
·the Phelps Mill foundation for the estimated cost ·of $26,000. · · ; · , ·
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,, · Seasonal Employees·~ Highway Department
Motion by Lee, second by Froemming, and unanimously carried to authorize the Highway
Engineer to hire seasonal employees for the upcoming construction season, which would
include Engineering and Sign Shop. · ·
Approval of Licenses
Motion by Froemming, second by Mosher, and unanimously carried, to approve the following
applications for license:
·. Cozy Cove Resort On/Off-Sale 3.2 Malt Liquor
38811 Cozy CoveRoad· · ·r .• . .. ·
Dent, MN 56528
(renewal) -·, ,
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Olson Tire and Oil Inc.
--PO Box 244
, ,Ottertail, MN 56571
. · (new application)
Tobacco
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March 23, 2004
Page 7
Peak Supper Club, The
43517 County Highway 38
Clitherall, MN 56524-9564
(renewal)
Renewal of Consumption & Display Permit
Stalker Lake Golf Course, LLC
16319 Golf Course Road
Dalton, MN 56324
(renewal)
ON/Off-Sale 3.2 Malt Liquor
(May-June 2004)
(July 1, 2004 through June 30, 2005)
Payment Approval
Motion by Nelson, second by Block, and unanimously carried, to approve the following
expenditure:
Association of Minnesota Counties. $11,400.00
*Preparation of County Cost Allocation Plan
Judicial Ditch No. 2
Ditch Inspector, Randy Wasvick, briefed the County Board regarding J(1dicial Ditch
No. 2. Commissioner Mosher requested Mr. Wasvick to return to the County Board in two
weeks for further discussion.
Western Area City County Cooperative
Western Area City County Cooperative Executive Director, Laurie Mullen, requested that
Otter Tail County reconsider their· membership with WACCO. Ms. Mullen I stated that
WACCO sponsors public forums that County employees attend, such as Meth Lab
Education. Meth is devastating our future. Its use causes domestic violenJe and child
neglect. Motion by Mosher, second by Froemming, and carried by a 3 to 2 vot~, with Block
and Lee opposed, to approve membership for CY2004 with Western Area City County
Cooperative and payment of membership dues in the amount of $5,000.
Final Payment Approval
Motion by Lee, second by Block, and unanimously carried to approve final paym~nt to DOW
Acoustics of Detroit Lakes, MN, for completion of acoustical ceilings at the Government
Services Center for Project No. 0202 in the amount of $8,979.99.
Wetland Easements
Motion by Froemming, second by Lee, and unanimously carried to certify the following
acquisition of land by the U.S. Fish & Wildlife Service for waterfowl purposes:
Timothy P. Cullen
T.131 N., R. 39 W., 5th P.M.
Section 30, NW¼NE¼
• Marjorie Brockopp .
T.131 N. R. 38 W. 5th P.M.
Section 10, SW¼
-oTC Board of Commissioners' ·Meeting Minutes
March 23; 2004
'Page 8
Eldon Linscheid :
T. 134 N., R. 42 W., 5th P.M.
Section 15
Recess and Reconvene
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At 12:06 a.m., Chairman Nelson declaredthe meeting cif~the Otter: Tail County·.Soard of
Commissioners recessed for. lunch break .. The meeting was reconvened· at 1 :os·p.rri.
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Meeting Reconvened in Open Session
At 1 :05 p.m. Chairman Nelson declared the meeting of the Otter Tail County Board of
· Commissioners closed to the public for discussion for potential litigation:involving the Perham
Solid Waste Burner, as authorized by attorney-client privilege, Chapter 13D.os· Subd. 3b.
Present were all five seated Commissioners, the County"Attorney:county Coordinator, Solid
Waste Director, and Recording Secretary. '"At• 1:34 'p.m., Chairman,:Nelson declared the
meeting opened to the public to consider the remaining agenda items.
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Presentation of "Years.of Service Awards"
·The ·Employees'· Committee presented!.'.'Years :of Service Awards" ,to. dedicated County
employees completing 5, 10, 15, 20, 25, 30, 35, and 40 years of service. Eighty-two
employees received service awards this year.
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County Attorney-:David Hauser,·presented,Amendments ·to the' Lake Improvement 0istricts.
Motion by Block,. second. by Mosher•,. and ·unanimously carried to. authorize the appropriate
County officials signatures on•the following Amendments: ·, -' . . •·· .
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• · · ;THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS .
·· ORDER'AMENDING THE ·, • ' · , ,
ORDER ESTABLISHING THE OTTER TAIL COUNTY
LITTLE McDONALD AND PAUL LAKES IMPROVEMENT DISTRICT
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The Otter Tail County Board of :Commissioners, having held a public hearing o'n
August 5, 2003, to consider',..a · proposed amendment to the· Order Establishing· the· Little
McDonald and Paul Lakes Improvement District, which was dated June 18, 2002, and finding
that the Order did not include a provision for absentee voting by members as indicated in
•Minnesota Statute·103B.571, Subd. 3(b), makes'the·following Or_de~: · ·
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ORDER
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IT IS HEREBY ORDERED that the Order Establishing the Otter Tail County LPD Lake
Improvement District be, and hereby is, amended to include the following language at the end
of paragraph seven of said Order: ·
Unless otherwise required by law, the District shall, and is hereby authorized to·, Q
promulgate and implement an absentee ballot procedure for the election of
directors at the District's annual meeting. · -
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• Dated: -~o_'f.-/_0&>~1,_/cxf~--OTTER T I
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on::'·soard of Commissioners' Meeting Minutes
:March 23, 2004
\ Page 9
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OA~F COMMISSIONERS -I
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Syd , nty Board Chair
ATTEST:
Larry Krohn,
THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS
ORDER AMENDING THE ,
AMENDED ORDER ESTABLISHING THE OTTER TAIL COUNTY:
PELICAN GROUP OF LAKES IMPROVEMENT DISTRICT
The Otter Tail County Board of Commissioners, having held .a public hearing on
August 5, 2003, to consider a proposed amendment to the Amended Order Establishing the
Pelican Group of Lakes Improvement District, which was dated December 27, 2001, and
finding that the Order did not include a provision for absentee voting by members as
indicated in Minnesota Statute 103B.571, Subd. 3(b), makes the following Order: :
ORDER
IT IS HEREBY ORDERED that the Amended Order Establishing the Pelican Group of
Lakes Improvement District be, and hereby is, amended to include the following 'language at
the end of paragraph 25.f. of said Order:
Unless otherwise required by law, the District shall, and is hereby authorized to,
promulgate and implement an absentee ballot procedure for the_ election of
directors at the District's annual meeting. _ '
Dated: _ _,.o'-4.47~---"o'-c,,=+-/-=o'-1-'----OF COMMISSl,ONERS
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ATTEST:
THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS
ORDER AMENDING THE
ORDER RE-ESTABLISHING THE OTTER TAIL COUNTY
PINE LAKES IMPROVEMENT DISTRICT
The Otter Tail County Board of Commissioners, having held a public :hearing on
August 5, 2003, to consider a proposed amendment to the Order Re-Establishing the Pine
Lakes Improvement District, which was dated October 15, 2001, and finding tha't the Order
OTC Board of Commissioriers' Meeting Minutes
'March 23, 2004
· Page 10
did not include a provision for absentee voting b;· ~embers as indi1at~'cl'in" Minnesota Statute
103B.571, Subd. 3(b), makes the follo:wing .Order:
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ORDER-·
IT IS HEREBY ORDERED that the Order Establishing the Otter Tail County Pine
Lakes Improvement District be, and hereby is, amended to include the following ·1anguage at
the end of paragraph five of said Order: :, · ·
Unless otherwise required by-law, the District shall, and is hereby authorized to,
promulgate and implement an absentee-ballot procedure for the election of
• directors at the District's annual meeting. · '
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THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS
-, ·. ·; ORDERAMEN.DING THE .
ORDER ESTABLISHING THE OTTER TAIL COUNTY
SOUTH TURTLE LAKE IMPROVEMENT;DISTRICT
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• The ·Otter Tail County Board of Commissioners, having tield' a) public, hearing on
August 5, 2003, to consider .a prtiposed :. ame_ndmerit to the Order Establishing the South
Turtle Lake Improvement District, which\was dated' October 16, 2001, and finding that the . . \ ' Order did not include a provision for.absentee voting by members as indicated in Minnesota
Statute 103B.571, Subd. 3(b), makes the following Order:
ORDER
IT IS HEREBY ORDERED that the Order Establishing the Otter Tail Cou·nty South
Turtle Lake Improvement District be, and hereby is, amended to include the following
language at the end of paragraph fiv~ of said Order: · ·
Unless otherwise required by law; the District shall.and is hereby authorized to,
promulgate and, fmplement an absentee ballot procedure for the election of
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directors at th: District's ~nnual meeting. Q
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OTC Board of Commissioners' Meeting Minutes
• Dated: ___,o=---+tf---'-o--'-~+-,/.::..._6+'-/-· _ OTTER T
March 23, 2004 i Page II
~MISS!'ONERS
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By
ty Board Chair I
Adjournment
At 1 :58 p.m., Chairman Nelson declared the meeting of the Otter Tail County Board of
Commissioners adjourned until 9:30 a.m. on Tuesday, April 6, 2004. !
Dated: o<-(/ore I ot/ OA D OF COMMISSIONERS r .r 1
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/ " / /,J ty Board Chair
Attest: ~~ ~ Larry Kro, Clerk
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Otter Tail County Warrants
March 23, 2004
Page 1, Attachment A
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3/23/2004 12:32:25
OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM
WARRANTS FOR PUBLICATION
IFD55 I COUNTY 55
JPAGE
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WARRANTS APPROVED ON 3/23/2004 FOR PAYMENT
VENDOR NAME
ALL CREATURES VET HOSPITAL AMERICAN INSTITUTIONAL SUPPLY
J ANDERSON ARAMARK SERVICES INC ATCO INTERNATIONAL BATTLE LAKE AUTO PARTS BEYERS BODY SHOP INC
BOB BARKER COMPANY INC BOB'S STANDARD BULK SERVICE BOBCAT OF OTTER TAIL COUNTY
JOHN BOHN COMMISSIONER OF TRANSPORTATION COOPERS TECHNOLOGY GROUP DAN'S EXHAUST PROS DIVERSION AUTO ECONO SALES AND SERVICE CHUCK EHRENBERG ELECTION SYSTEMS & SOFTWARE IN FARNAM' S GENUINE PARTS INC · FERGUS ELECTRIC FERGUS FALLS MEDICAL GROUP CITY FERGUS FALLS FERRELLGAS FORTIN CONSULTING INC FOTH &: VAN DYKE
ROGER FROEMMING GOODIN COMPANY GOODY SQUARE GR GRAPHICS INC ST LOUIS MYRON GRAFF GRAND VIEW LODGE GRAZE ERVIN HAGEN HEDAHLS HEADQUARTERS HENNING AUTO PARTS INC INSIGHT PUBLIC SECTOR KELLY SERVICES INC KNOWLEDGE POINT
LARRY OTT INC TRUCK SERVICE LITTLE FALLS MACHINE INC MARKHURD CORPORATION
METAL CRAFT MID-CENTRAL EQUIPMENT INC MIDWESTERN MAT RENTAL & SUPPLY MN ASSOC OF CVSO MN DEPT REVENUE MN LAKES ASSOCIATION MN POLLUTION CONTROL AGENCY MN STATE AUDITOR
AMOUNT
42.75 367.63 232.65 5,432.85 153.00
13.57 244.95 545.46
39.62 9.85 49. 83 315.10
6 .34 21.38 59.60 141.42 62.00 142.83 57 .30 1,437.25 628.50 · 62,044.31 113.42 425.00
11,684.17 46. 86 59.42 93.00 217.64 8.47 1,188.00 30.00 4.78 18.53 180.02 286.82 764.70 9.04
750.00 1,206.09 7,200.00
803.97 17.19 11.66 410.00 235,00 60.00 400.00 1,074.50
3/23/2004 i
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Otter Tail County Warrants
March 23, 2004 ,
Page 2, Attachment A
3/23/2004 12:32:25
OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM
· .WARRANTS _FOR PUBLICATION ..
WARRANTS APPROVED ON 3/23/2004 FOR PAYMENT
VENDOR NAME ·. AMOUNT
MULTIBAND 266.50 NATIONAL BUSHING & PARTS CO . 73. 63 NELSON DODGE GMC ··.42.83. NETWORK CENTER COMMUNICATIONS · 272·. 50 NORTHERN STATES SUPPLY_ INC 519.37 OLSON AUTO. ELECTRIC . 207.85
OTTER TAIL TELCOM 72 .26 PAMIDA INC 2.86. CITY PARKERS ·PRAIRIE. 25 .. 00 · PERHAM AREA EMS. 4,842.06'
PITNEY BOWES 1,462·.25 ..
REVIEW ENTERPRISES INC . 360.94
RK'S PRAIRIE CAFE 154.00
ROYAL TIRE INC 1,619.14 SANITATION PRODUCTS INC ·107.59 SCHMITZ FORD. 24.85
SEWER SERVICE 240.00 STEINS INC 455 .13'
STERLING SOLUTIONS"INC .600. 00 THEIN WELL CO i,959.00
VER-TECH ' .. ··184 .·32
VICTOR LUNDEEN COMPANY. 709.79 WACCO 100.00 WASTE MANAGEMENT 2,830.50 WELDING SUPPLIES & FIRE 39.13 WEST GROUP PAYMENT-CTR 59 .so.
IFD66 COUNTY 56 PAGE ,, 2 =-.
3/23/2004
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**** FINAL TOTAL •••.••• $116,577.49 '**** . . .
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OTC Board of Commissioners' Meeting Minutes
March 23, 2004
Attachment B
I Otter Tail County Board of Commissioners· I
Record of Decision Regarding
April 22, 2003 Action ,
Granting Conditional Use Permit for Blue Heron Bay Project i,
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By a decision of the Minnesota Court of Appeals dated March 9, 2004, this matter was
remanded to the Otter Tail County Board of Commissioners to make a record indicating
the basis for its decision in granting a conditional use permit for the Blue Heron Bay:
Project on April 22, 2003, ·
A public hearing was held on November 20, 2002, on the proposed Blue Heron' Bay·
project proposed by the R Murray Partnership, LLC, After consideration of the public
comments the Planning Commission decided to set aside the Conditional Use Permit
("CUP") application until the mandatory Environmental Assessment Worksheet (EA W)
· was completed.
On February 3, 2003, Otter Tail County published the EA W in the Environmental
Quality Monitor (EQB) and mailed the EA W to the parties on the EQB Distribution List.
The comment period ended on March 5, 2003. ·
I
Numerous comments were received on the EA W by the public and by dther
governmental agencies. The comments were summarized and presented to the Planning•
Commission on March 19, 2003 by Bill Kalar of the Office of Land and Resource
Management. The Planning Commission considered comments received at the Mill'ch
19, 2003 Public Hearing.
On March 19, 2003, the Otter Tail County Planning Commission held a public hearing.
Comments on the EA W were reviewed, and the Planning Commission discussed' the
project and took action on the EA W determination, adopting a motion with attached
findings of fact recommending a negative declaration finding that there was nqt a
potential· for significant environmental impact and on Environmental Impact Statement
was required, :
On March 25, 2003, the Otter Tail County Board discussed the proposed project and
adopted the findings of fact, conclusions and order adopted by the Planning Commission,
except for an amendment to delete Paragraph XXI thereof. At its meeting on April I,
2003 the County Board formally adopted and signed the findings, conclusion and order
that an EIS was not necessary, a copy of which is marked Exhibit A, attached hereto and
incorporated by reference.
I
On April 16, 2003, the Otter Tail County Planning Commission considered the CUP
application. Numerous public comments were received. The Otter Tail County Planning
Commission considered these comments and recommended approval of the Conditio1;1a!
Use Permit for 125 dwelling units and I 02 boat slips, with conditions.
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On April 22, 2003 the Otter Tail County Board of Commissioners reviewed the
recommendations of the Otter Tail County Planning Commission and the record of
documents received by Otter Tail County, which are listed in Exhibit B, which is attached
hereto and incorporated by reference, and adopted a motion approving the Conditional
Use Permit application ofR. Murray Partnership for the Blue Heron Project for a
maximum of 13 8 dwelling units and 116 boat slips with IO specific conditions set for in
the motion adopted on that day.
The decision to approve the Conditional Use Permit with conditions was based on the
record of documents received by Otter Tail County and testimony provided to the Otter
Tail County Planning Commission and the Otter Tail County Board of Commissioners,
during both the Conditional Use Permit process and the associated Environmental Impact
Statement Needs Determination process, including the following specific record and
facts:
FINDINGS OF FACT
I. The project proposer submitted an application for a Conditional Use Permit
meeting the Conditional Use Permit application requirements of the Otter Tail
County Shoreland Management Ordinance ("SMO") ..
2 . The project proposer installed stakes to indicate lot lines, road right-of-ways and
other areas to· indicate areas to be topographically altered and the location of
proposed structures in a manner that the requirements of the SMO.
3. The CUP application included a series of three survey maps designated as,the
"Development Plan" for the Blue Heron Bay Cluster Development, prepared by
Lake Region Surveying. Those maps met the "Presentation Requirements" for a
Cluster Development as set forth in the Otter Tail County Shoreland Management
Ordinance, Section III. 1 l.B.
4. The project proposer also submitted a Preliminary Road Plan prepared by G.A.
Miller Engineering Inc. that met the current Otter Tail County .road standards
applicable to the project that met the requirements of the SMO.
5. The CUP application included a description of the governing documents and
operation of the nonprofit owners association that would be established for the
project. Additional information regarding the nonprofit owners association was
provided to Otter Tail County on January 30, 2003.
6. The Otter Tail County Land and Resource Management Office, with assistance
from not only R. Murray Partnership but also others, including representatives of
the r;>epartment of Natural Resources, prepared and reviewed numerous revisions
of the draft EA W to assure that it appropriately described and analyzed the
project.
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7. The EA W prepared by Otter Tail County, which is incorporated herein by
reference, contained a detailed description of the proposed Blue Heron Bay
Project and specific statements regarding the project's compliance with the cluster
development requirements of the Otter Tail County Shoreland Management
Ordinance ("SMO"), including:
a. Installation of a sanitary sewer system (required by SMO);
b. Disturbance of 600 feet of shoreline disturbed out of 29,000 total feet of
shoreline (98%), maintaining buffer zone of 28,400 feet of native
shoreline (70% required by SMO).
c. Parking space requirements.
d. Visual impacts.
8. The EA W was filed with the Environmental Quality Board and a notice of
availability was published in the EQB Monitor on February 3, 2003. A copy of
the EA W was sent to all persons on the EQB distribution list and a copy was
available for review in the Otter Tail County Offices.
9. The 30-day EA W public review and comment period began on February 3, 2003
and ended on March 5, 2003. Comments were received and reviewed.
10. On March 21, 2003, counsel for R. Murray Partnership provided to the Otter Tail
County Commissioners a copy of the "Response to Comments" R. Murray
Partnership had prepared containing information for the record regarding the
project in response to the 100+ comments received by Otter Tail County.
11. The proposed project is a mixed residential community and recreational club.
Information contained in Items 1-10 in the EA W described the Project Title,
Proposer, Designated RGU, Reason for the EA W, Project Location, Description
of the Project, Project Magnitude, Permits and Approvals, Land Use and Cover
Types.
12. R. Murray Partnership made several amendments to the proposed project during
the EA W process to mitigate potential environmental impacts. The amendments
include:
a. Reducing the density of the Development to 139 units
b. Docking spaces will be limited to the number of units ( 139)
c. Eliminating the stormwater pond proposed in Wetland I
d. Adopting the no wake and buoyed channel recommendations of the
Department of Natural Resources (DNR) for motor boat mitigation
e. Some of the docking facilities in the east bay will be limited to small
boats, canoes and paddle boats
f. Adopting the recommendations of the DNR on the eagles' nest.
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The Otter Tail County Planning Commission reviewed the project according to
the criteria set forth in Minnesota Rule Chapter 4410.1700 Subp 7 and adopted
specific findings of fact and conclusions as part of its recommendation not to
require preparation of an Environment Impact Statement.
The Otter Tail County Board of Commissioners adopted specific findings of fact
and conclusions as part of its order on April 1, 2003 not to require preparation of
an Environmental Impact Statement. The document evidencing that decision is
incorporated by reference into this record including, but not limited to, the
following specific findings:
a. The project meets the density requirements of the Otter Tail County
Shoreland Management Ordinance. Cluster development minimizes the
potential impacts of the project.
b. The main peninsula, which is the location of the project, is particularly
suitable for cluster development. A cluster development is less likely to
pose any significant environmental problems than developing individual
!cits, and is subject to greater control and regulation.
c. The project is in a shoreland · area of a natural environment lake, and the
standards for the cluster development will be subject to standards designed
for a natural development lake.
d. The Otter Tail County shoreland Management Ord1nance does have a
provision indicating that subdivisions must not be approved that are
designed so that variances from one or more of the standards and official . ' controls are needed. This will have to be taken into consideration in the
conditional use processes, however, property owners have a right to
request variances. Variance requests can be denied.
e. That the parcel could potentially support approximately 73 lake lots and
14 back lots if it was not developed as a cluster development. If
developed as individual lots, the parcel could have as many water-oriented
accessory structures as lake lots and the potential for an unregulated
number of docks. ·
f. Based on the Shoreland Management Ordinance, up to 102 boat slips
could be authorized if the "additional real estate" is not included in the
calculation; 116 if the "additional real estate" is included.
g. Implementing the boating recommendations of the DNR will prevent any
significant adverse impacts that will result from the proposed
development.
h. The proposed wetland impacts are entirely for roads accessing the site and
are determined to be unavoidable. Wetland impacts are very minor and
will be mitigated through the Minnesota Wetland Conservation Act
(WCA) process. The project encompasses the avoidance, minimization
and replacement hierarchy as required by WCA.
1. Implementing the recommendations of the DNR, adherence to the MPCA
stormwater permit and practices proposed at Blue Heron Bay will prevent
any significant adverse impacts that will result from the proposed
development.
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15.
J. The impact of storm water from construction activities is very minor
because sediment control practices will be applied; stormwater runoff
from building sites will be contained onsite and there will be no discharge
of stormwater from construction activities to the lake. Blue Heron Bay
will be a phosphorus free community.
k. The project does not involve dredging of marinas.
1. Visual impacts on the lake do not create any potential for significant
environmental harm.
m. The project as designed would have less impact than individual lots, and
would have minor impact compared with the total watershed of the lake.
n. The county has sufficient information to make environmentally sound
permitting decisions regarding the project.
• The Otter Tail County Planning Commission made its recommendation to the
Otter Tail County Board of Commissioners regarding the CUP application by
taking into consideration the following factors as required by the SMO:
a.
b.
C.
d.
e .
f.
g.
h.
i.
j.
k.
1.
Compatibility with the surrounding area, both land and water.
Environmental Impact, including site evaluations based on soils,
topography and vegetation.
Any hazards that may be created; both on land and water.
Density and location of development.
Suitability of the area for the proposed use.
Adequate parking and traffic control.
Amount of noise generated.
Hours of proposed use.
Lighting.
Adequate lot size for proposed use. .
Minimal change in topography necessary to allow the proposed use.
Any other possible adverse effects of the proposed Conditional Use
Application and what additional requirements may be necessary to prevent
such adverse effects.
16. The Otter Tail County Planning Commission is familiar with the process of
application and approval cluster developments pursuant to the Shoreland
Management Ordinance of Otter Tail County.
17. All the Otter Tail County Planning Commission members visited and examined
the site of the proposed Blue Heron Bay project prior to making a decision on ·
issuance of the CUP.
18. During the EA W process and Conditional Use Permit process, public notice and
time for public comment was provided. Dead Lake Association Inc., along with
all other interested parties, had full opportunity to present its information. The
Otter Tail County Planning Commission and Otter Tail County Board of
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20.
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22.
Commissioners spent many hours and went to great lengths in examining and
considering the EAW, CUP application, comments and testimony.
The Otter Tail County Board is very familiar with the process of application for
and approval of cluster developments pursuant to the Shoreland Management
Ordinance of Otter Tail County.
A majority of the members of the Otter Tail County Board of Commissioners
visited and examined the site of the proposed Blue Heron Bay Project prior to a
decision on issuance of the CUP.
The decisions of the . Otter Tail County Planning Commission and Otter Tail
County Board of Commissioners regarding environmental review and issuance of
the conditional use permit were made based on · appropriate review and
consideration of the documents received by Otter Tail County listed in
Attachment A to this record.
The Otter Tail County Planning Commission and Otter Tail Board of
Commissioners specifically responded to concerns expressed in the record by
approving the CUP with 10 specific conditions. ·
ORDER
• Uponthemotionof Lee secondedby Froemming
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and upon a 5 -0 vote, the foregoing record indicating the basis for its decision
is hereby adopted by the Otter Tail County Board of Commissioners.
Dated: 3-23-04 OTTER __ ~--· LJ• Oy_NJ;~Y _' (",/ ' /1 By x.,,,'1'{1>.. ,' I . --
Syd Nelson, Chairman ·
Board of Commissioners
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OTTER TAIL COUNTY BOARD OF COMMISSIONERS
NEGATIVE EIS DECLARATION FOR BLUE HERON BAY
A public hearing was held on December 11, 2002, on the Blue Heron Bay project
proposed by the R. Murray Partnership, LLP. After consideration of the public comments, the
Planning Commission decided to table the project until the mandatory Environmental
Assessment Worksheet (EA W) was completed.
At a public meeting held on March 19, 2003, the Otter Tail County Planning Commission
considered the need for an Environmental Impact Statement prior to further action concerning
the project known as Blue Heron Bay.
The Planning Commission had received written comments during the comment period
and provided a summary to those in attendance. The Planning Commission heard additional
comments from Jim Erickson, Denny Johnson, Doug Martin, Eric Hansen, Dean Sather, Bill
Peterson, Spencer Schram, Paul Swenson and James Morken.
Planning Commission members present at the hearing were Bert Olson,. Chairman,
Robert Schwartz, Leona Zimmerman, Linda Bergerud, David Trites, Frank Lachowitzer, Richard
Sha, Joe Maske, Rod Boyer and Les Estes. Bill Kalar, Marsha Bowman and Joyce Thompson of
the Office of Land and Resource Management were present, as were David J. Hauser and
Barbara R. Hanson of the Otter Tail County Attorney's Office .
Based on all of the information received during the comment period and on observation
made by Planning Commission members, the Otter Tail County Planning Commission made
Findings of Fact and a Recommendation that an Environmental Impact Statement on the Blue
Heron Bay project was neither necessary nor required and that a negative declaration should be
ordered. · ·
On March 25, 2003, the Otter Tail County Board of Commissioners reviewed the
Findings of Fact and Recommendation of the Planning Commission. The Board heard additional
comments from Jim Erickson, a representative of R. Murray Partnership, LLP; Charles
Krekelberg, an attorney for the Dead Lake Association; Spencer Schram, Dead Lake
Association; Robert Russell, attorney for R. Murray Partnership, LLP; Gary Reuhmann; Ernie
West, Dead Lake Township; and Leona Zimmerman, Dick Sha, and Joe Maske, Otter Tail
County Planning Commission.
The Otter Tail County Board of Commissioners, having reviewed the Recommendation
of the Planning Commission, having reviewed the documents submitted into the record, and
being fully advised in the premises, makes the following Findings of Fact and Order:
FINDINGS OF FACT
I.
An Environment Assessment Worksheet (EA W) was prepared on behalf of Otter Tail County
for Blue Heron Bay pursuant to mandatory categories in Minnesota Rules 4410.4300, Subpart
19A -Residential Development and Subpart 36A -Land Conversion.
EXHIBIT A
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II.
The EA W was filed with the Environmental Quality Board and a notice of availability was
published in the EQB Monitor on February 3, 2003. A copy of the EA W was sent to all persons
on the EQB distribution list and a copy was available for review in the Otter Tail County Offices.
Ill.
The 30-day EA W public review and comment period began on February 3, 2003 and ended
on March 5, 2003.
IV.
The EA W, the comment letters received, a report from the Dead Lake Association, and the
Response to Public Comments by the developer are incorporated by reference into this record of
decision on the determination of the need for an Environmental Impact Statement.
V.
The proposed project is a mixed residential community and recreational club. Information
contained in Items 1-10 in the EAW describing the Project Title, Proposer, Designated RGU,
Reason for the EA W, Project Location, Description of the Project, Project Magnitude, Permits
and Approvals, Land Use and Cover Types is accurate and complete.
VI.
R. Murray Partnership made several amendments to the proposed project to mitigate
potential environmental impacts. The amendments include:
a. Reducing the density of the Development to 139 units
b. docking spaces will be limited to the number of units (139)
c. eliminating the stormwater pond proposed in Wetland I
d. adopting the no wake and buoyed channel recommendations of the Department
of Natural Resources (DNR) for motor boat mitigation
e. some of the docking facilities in the east bay will be limited to small boats, canoes
and paddle boats
f. adopting the recommendations of the DNR on the eagles' nest.
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VII .
The Otter Tail County Planning Commission and County Board of Commissioners have
reviewed the project according to the criteria set forth in Minnesota Rule Chapter 44 I 0.1700
Subp 7.
a. type, extent, and reversibility of environmental effects;
b. cumulative potential effects of related or anticipated future projects;
c. the extent to which the environmental effects are subject to mitigation by ongoing
public regulatory authority; and
d. extent to which environmental effects can be anticipated and controlled as a result
of other available environmental studies undertaken by public agencies or the
project proposer, including other EIS's.
VIII.
The project, as revised, meets the maximum density requirements of the County Shoreland
Management Ordinance. Cluster development minimizes the potential impacts of the project.
Otter Tail County has the ability to mitigate the environmental effects through its regulatory
authority. Based on the description of the project, no issues are identified that have the potential
for significant environmental effects .
IX
The main peninsula, which is the location ofthe project, is particularly suitable for a
cluster development. A cluster development is less likely to pose any significant environmental
problems than developing individual lots, and is subject to greater control and regulation.
X.
That there is "additional real estate," as defined in the proposal, adjacent to the main part
of the development. Although the additional real estate may support limited development, it is
suitable to be part of the project. The determination as to the number of units the project can
support is subject to the conditional use permit process.
XI.
The form of ownership and management of the .property are not particular environmental
issues. The development will be subject to a conditional use permit.
XII.
The proposed vacation of the township road poses no potential for significant
environmental effects. The construction of any new road does not pose any potential for
significant environmental effects and would.be subject to the conditional use permitting process.
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xiit.
• The project is in a shoreland area of a natural environment lake, and the standards for the
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cluster development will be subject to standards designed for a natural environment lake.
XIV.
The project is a large one, however, the parcel is large, suitable for development, and will
be subject to the conditio11al use process and rules relating to cluster developments. Some
variances are being requested with regard to the height of barns; the number, size and location of
water oriented accessory structures; and the number of dock spaces. Approval would be
necessary both through the conditional use process and the variance process. With the volume of
information available, appropriate conditions can be imposed to prevent any potential significant
environmental effects.
xv.
The Otter Tail County Shoreland Management Ordinance does have a provision
indicating that subdivisions must not be approved that are designed so that variances from one or·
more of the standards and official controls are needed. This will have to be taken into
consideration in the conditional use permit and variance processes, however, property owners.
have a right to request variances. Variance requests can be denied.
XVI.
That the parcel could potentially support approximately 73 lake lots and 14 back lots if it
was not developed as a cluster development. If developed as individual lots, the parcel could
have as many water-oriented accessory structures as lake lots and the potential for an unregulated
number of docks.
XVII.
The proposed commercial uses are subject to conditional use permits and do not create
the potential for significant environmental effects.
XVIII.
Based on the substantial benefits of the proposed wastewater system, no issues are
identified that would result the potential for significant environmental effects. Further, ongoing
regulatory authority of the MPCA and the County mitigates the impacts from the wastewater
system. Based on the description of the project, no issues are identified that have the potential
for significant environmental effects.
XIX
Any wells on the property are subject to the regulation of the Minnesota Department of
Health and do not pose a potential for significant environmental effects.
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xx.
• The project is located near the Dead Lake Wildlife Management Area and Moorhead
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State University's 80-acre research facility. This location may be considered as part of the
permitting process, and does not create a potential for significant environmental impact.
XXI.
Dead Lake has significant shallow areas with muddy bottoms and emergent vegetation,
including areas off shore to the project. A cluster development has less potential for
environmental effects than single lot development. The impact on the lake can be mitigated by
limiting the number, location and type of docking facilities. Based on the Shoreland
Management Ordinance, up to I 02 boat slips could be authorized if the "additional real estate" is
not included in the calculation; I I 6 if the "additional real estate" is included.
XXII.
Implementing the boating recommendations of the DNR will prevent any significant
adverse effects that could result from the proposed development. Otter Tail County and the
DNR have the ability to mitigate the environmental effects of boating through their ongoing
regulatory authority. Based on the description of the project, no issues are identified that have the
potential for significant environmental effects.
XXIII.
As with any development, there will be some displacement of wildlife, however, the
project includes open space and there are large acreages of protected lands nearby. There are
nesting sites in the location of the development, the impact of which can be limited by the timing
of construction. The developer has agreed to follow DNR recommendations regarding a bald
eagle nest.
XXIV.
The proposed wetland impacts are primarily for roads accessing the site .and are
determined to be unavoidable. Wetland impacts are very minor and will be mitigated through
the Minnesota Wetland Conservation Act (WCA) process. The project encompasses the
avoidance, minimization and replacement sequencing as required by WCA. Based on the
description of the project, no issues are identified that have the potential for significant
environmental effects.
XXV.
Implementing the recommendations of the DNR, adherence to the MPCA stormwater
permit and practices proposed at Blue Heron Bay will prevent any significant adverse impacts
that will result from the proposed development. Otter Tail County, MPCA and the DNR have
the ability to mitigate the environmental effects of erosion and sedimentation through their
ongoing regulatory authority. Based on the description of the project, no issues are identified that
have the potential for significant environmental effects.
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XXVI.
The impact of storm water from construction activities is very minor because sediment
control practices will be applied; storm water runoff from building sites will be contained onsite
and there will be no discharge of storm water from construction activities to the lake. Blue Heron
Bay will be a phosphorus free community. Based on the description of the project, no issues are
identified that have the potential for significant environmental effects.
XXVII.
The project does not involve the dredging of marinas, and any dredging would have to be
the subject of permitting from the Department of Natural Resources.
XXVIII.
Erosion control during construction will be addressed as part of the conditional use and
site permit process. The development of this land does not give rise to potential for significant
environmental impacts relating to fertilizer or chemicals. The project as designed would have
less impact than individual lots, and would have minor impact compared with the total watershed
of the lake. Based on the description of the project, no issues are identified that have the potential
for significant environmental effects.
XXIX.
The soils in the area are known and identified in the county soil survey. Also, any
sewage system would be subject to percolation testing and MPCA and County permitting.
Based on the soil properties of the site, no issues are identified that would result the potential for
significant environmental effects. ·
XXX.
Burned debris on the property is subject to proper disposal pursuant to solid waste
regulation, as will be all the other solid waste generated within the development. Fuel and other
hazardous materials are subject to proper storage regulations, and do not cause a potential for
significant environmental effect.
XXXI.
There is no potential for significant environmental impacts from traffic generated by the
proposed development.
XXXII.
Visual impacts on the lake do not create any potential for significant environmental
• effects and are subject to the conditional use permit process.
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• XXXIII.
The impact on infrastructure and public services does not create any significant
environmental concerns.
XXXIV.
There is no evidence that archeological properties are present that would be diminished
by the proposed project. The state archaeologist has been notified of potential sites within the
development. Any others found would have to be reported. Based on the description of the
project, no issues are identified that have the potential for significant environmental effects.
XXXV.
The county has sufficient information to make environmentally sound permitting
decisions regarding the project.
XXXVI.
The project does not have potential for significant environmental effects, any potential
environmental effects can be addressed by the permitting process.
CONCLUSIONS
• I. Otter Tail County has fulfilled the procedural requirements oflaw and rule applicable to
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the need for an Environmental Impact Statement for the proposed Blue Heron Bay
project.
2. There are no elements of the project that pose the potential for significant environmental .
effects.
3. There are adequate and appropriate state and local regulations governing the activities of
this project that will limit and control environmental effects.
ORDER
NOW, THEREFORE, IT IS HEREBY ORDERED that a negative declaration is hereby
made, no Environmental Impact Statement is required.
Dated: 1~...._:.I I. Zoo3 OTTER TAILC_?~TY BOARD OF CJJMMISSIONERS
By ·• ,_,-,;> ( ~ (t'~('·/~ ~ .
Malcolm Lee, Chairman
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STATE OF MINNESOTA
IN COURT OF APPEALS
Appellate Court Case No. A030750
Dead Lake Association Inc.,
Otter Tail. County, Minnesota, a
Minnesota County, and R. Murray
Partnership, LLP,
vs.
TABLE OF CONTENTS
DOCUMENTS RECEIVED FROM OTTER TAIL COUNTY
Background :Information/\,.·
010001-2 Business cards
010003-4 Notes
010005-7 12/20/02 fax from Sparks to Kalar re
coordination with DNR
Proposed announcement
Legal description
Notes re cluster review
Notes re density
1/8/03 e-mail from Lejcher to Kalar
Parcel Acreage
1/9/03 e-mail from Lejcher to Kalar
Identified variances
1/13/03 e-mail from Sparks to Dick
1/20/03 e-mail from Sparks to Kalar
Relator,
Respondents.
010008
010009
010010-14.5
010015-16
010017
010018
010019
010020
010021
010022
010023
010024-35
010036-li0
1/20/03 letter to editor by Harold Duebbert
1/2/03 list of soil units
010111-161
010162-163
Draft EAW.:•:,.:
9/20/02 Phase I Archaeological Reconnaissance
for the Blue Heron Bay Project
12/21/01 Wetland Delineation Report
Maps ·
020001 12/23/02 letter from Dead Lake Assn. to Kalar
requesting copies of EAW, correspondence, etc.
020002 11/20/02 letter from Sparks to Kalar re draft
EAW
020003-222 Revisions to EAW and related documentation
EXHIBIT B
I
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,·
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0
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I 5.
•
EAW
030001-2
030003
030004-28
030029-30
030031-32
030033-106
· 030107
030108-126
030127-130
030131-132
030133-136
030137-139
030140-141·
Notes
EQB Monitor publication calendar for 2003
1/17/03 e-mail from Sparks to Kalar re attached
EAW
1/23/03 fax from Sparks to Kalar
1/22/03 fax from Sparks to Kalar
l/20/03 Environmental Assessment Worksheet
1/27/03 memo from Kalar re written comments
deadline
Documentation re distribution of EAW copies
Affidavits of publication re public notice
Public Notice
1/28/03 OTCo Board of Commissioners' Minutes
1/29/03 fax from Kalar to Martin
1/30/03 e-mail from Sparks to Kalar re·public
meeting on EAW
030142 1/31/03 newspaper article
030143-143.5 2/3/03 EQB Monitor
030144-147 2/6/03 newspaper article
030148-154 Map and notes
030155-158 2/12/03 OTCo Planning Commission minutes
030159 2/18/03 news article
030160 2/19/03 news article
030161-162 Tentative Time Table
030163 Business cards
030164-168 Draft/Example Response to Public Comments Blue
Heron Bay EAW
030169-174 Example Resolution Establishing Findings and
030175
030176-177
030178
030179-181
030182
030183-184
Record of Decision for the Preserve at Birch
Lake EAW, notes
3/2/03 news article
3/5/03 news article
3/6/03 invoice for copies of correspondence
3/9/03 news article
3/11/03 news article
3/20/03 letter from Bowman to Cooper
Extra Copies of EAW
040001 Tentative Time Table
040002 1/31/03 news article
040003-75 EAW
040076 Tentative Time Table
040077-150 EAW
Public Co111111ents on EAW
1. Letters
050001-4
2. Letters
050006-24
050025-27
of Support
Letter from Larry and Janis Walker
from Associations
Letters from Dead Lake Association
Letter from Fergus Falls Fish and Game Club
2
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0
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r
0
.... , t
0
•
•
•
050028-31
050032-34
050035-36
050037-38
3. Letters
050040-41
050042-45
050046-57
050058
050059-60
050061-62
050063-66
050067-73
050074-77
050078-79
Letters from Leaf Lake Area Association
Letter from Otter Tail County Lakes Association
Letter from Star Lake Property Owners'
Association
Letter from Tamarac Lake Association
of Non-Specific Responses
Letters from Michele Antrim
Letters from Karen Bergstrom
Letters from Dead Lake Association
Letter from Patricia E. Donaldson-Gamer
Letter from Miriam Hattury
Letter from Kay Helm
Letters from Eileen Hoger
Letters from Gary Kaiser and Cecil Femling
Letters from Ed and Mary Millerbernd
Letter from Julie Millerbernd
Public Comments on.:EAW\O{Letters A-L)
060002-3 Letter from Judy Allen
060004-10 Letters from Collene and Joy Barnick
060011 Letter from G.E. Borgending
060012-13 Letter from Rose Bowman
060014-16 Letter from Donald and Louise Bruns
060017-18 Letter from Kersten Buskirk
060019-20 Letter from Tom and Jodie Collins
060021 E-mail from George Derks
060022-23 Letter from Rose Duetschman
060024-27 Letters from William Donaldson
060028-33 Letters from Donald Douglas
060034-35 Letter from Sharon Douma, Wayne Pearson, Mel
060036-37
060038-41
060042-44
060045-53
060054-61
060062-63
060064-69
060070-75
060076-79
. 060080-85
060086-88
060089-96
060097-99
060100-102
060103-107
060108-109
060110-111
060112-113
060114-116
060117-120
060121
060122-123
Pearson
Letter from Julianne Evers
Letters from Don and Judy Fairchild
Letter from Cleve and Margaret Fitzsimmons
Letters from Donald and Marlene Fondrick
Letters from Merv and Phyllis Freeman
Letter from Judy Galaher
Letters from Leo and Rose Ann Goodman
Letter from Timothy Grant
Letters from Les and Sue Hansen
Letters from Mike and Cheryl Harris
Letter from Annause Hatteug
Letters from Jim Hatlevig
Letters from Bruce Hawkins
Letter from Edward Hoger
Letter from Amy Holum-Noebel
Letter from Dean and Sherry Johnson
Letter from Dennis Johnson
Letter from· Geraldine Johnson
Letter from Vicki Kallberg
Letters from Beverly Kangas
Letter from Ed and Laverne Kelley
Letter from George Kettenacker
3
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•
•
•
060124-126
060127
060128-133
060134-136
060137-140
060141-142
060143-144
Letter from James Kimple
Letter from John Kimple
Letters from Leo Kluch
Letter from Rodger and Jane Knoop
Letters from Frederick Labandz
Letter from Steven Langlie
Letter from Mark Leitheiser
Public Coil!lllents on EAW (Letters M-Z)
070002-28
070029-30
070031-32
070033-36
070037-40
070041-45
070046-49
070050-52
070053-56
070057-59
070060-62
070063-66
070067-69
070070-71
070072-73
070074-75
070076-83
070084-86
070087-90
070091-92
0700.93 -95 ·
070096-97
070098-99
070100-101
070102-103
070104-105
070106-113
070114-116
070117-118
070119-125
070126-129
070130-131
070132-138
070139-144
070145-166
070167-176
070177-197
070198-200
070201-202
070203-205
070206-207
070208-209
070210-211
070212-213
Letters from Doug Martin
Letter from Pat Martineau
Letter from Mike Meade and Mary Noel-Meade
Letter from Bob and Kris Millerbernd
Letter from Wally Morton
Letter from Laurie Mullen
Letter from Ronald and Sandra Neneman
Letter from Rob and Amy Noebel
Letter from Rob Noebel
Letter from Twyla Nore
Letter from Ted and Joan Oelfke
Letter from Jeffrey Osland
Letter from Virgel and Nancy Osland
Letter.from Petra and Randy Owens
Letter from Mark Oyloe
Letter from Kim and Wendell Pederson
Letters from Donna Peterson
Letter from Art and Shirley Potthoff
Letter from Jason and Tina Reed
Letter from Tom Rieschick
Letter from Scott Roberts
Letter from Audrey Rondeau
Letter from Anthony Rondeau
Letter from Teressa Rondeau
Letter from Ruth Rondeau
Letter from Bill and Betty Schellpeper
Letter from Spencer and Pam Schram
Letter from Charles and Linda Siggerud
Letter from Richard Sigler
Letter from Jon Skow
Letter from Julie Skow
Letter from Carl and Barbara Soronen
Letter from Timothy and Terryll Sullivan
Letter from Terryll Sullivan
Letters from Timothy Sullivan
Letter from Bonnie Swanson
Letters from Richard and Bonnie Swanson
Letter from Robert and Sandra Swanson
Letter from Barringer Tanner
Letter from Marvin and Darlene Thill
Letter from Robert Toelle
Letter from Dennis and Sharon Trudell
Letter from Stephen Upgren
Letter from Ernest West
4
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070214-220 Letter from Richard Wilcox
070221-224 Letter from Diane Zins •..-------------------8.
. . . _--.
Public Comments on EAW Received After the Close of the
Co:mme?lt Period' .
080001-2
080003-4
080005
080006-7
080008-9
080010-12·
080013
080014
.080015-16
Letter from United Sportsmen's Club of West
St. Paul
Letter from Linda Schellpeper
Letter from Lois Sattgast
Letter from Vanita and Rick Ohlgren
Letter from Bud Grant, Minnesota Vikings
Letter from Spencer Schram, Dead Lake
Association
Letter from Floyd and Marilyn Melin
Letter from Leo and Sharon Lange
Letter from Edward Pearce
Agency Comment1:1; 011 .EAW',:
090001-29 3/5/03 letter from MN DNR re Comments on Blue
090030-32
.090033-35
090036
090037-39
100014-24
100025-37
100038-48
100049-59
100060-65
100066-81
100082-93
100094-139
100140-207
100208-249
Heron Bay Club Environmental Assessment
Worksheet (EAW)
Maps
3/5/03 letter from US Department of Interior
2/27/03 letter from Minnesota Historical Society
3/5/03 letter from MN Pollution Control Agency
Response to Proposed Blue Heron Bay Project
Environmental Assessment Worksheet, Otter Tail
County, Minnesota, Submitted on Behalf of Dead
Lake Association, Inc.
1. Dead Lake -Association Report
2. Houston Engineering Report
3. Pinnacle Engineering Report
4. Dr. Michlovic Archaeology Report
5. Water Level Readings
6. State DNR & PCA Reports
7. Dead Lake Bottom Soundings
8. Corps of Engineers Hydraulic Design of Small
Boat Harbors
9. State Historical Preservation Office Manual
for Archaeological Projects
10.Dead Lake History
j 11. EJ:S Needs.c .. Deterndriatioil ··
•
3/19/03 PC
110001-2
110003-4
110005-9
110010-14
Meeting Minutes/Findings
3/19/03 Response to Public Comments on the EAW
1. Board of Adjustment Variance Withdrawal
2. DNR Response to Questions
3. Lake Area Docks & Lifts Dock Depth Letter
5
I
0
' \ 0
J..
0
•
•
•
110015-28
110029-33
110034-42
110043-47
110048-55
110056-78
110079
110080-81
110082-89
110090-93
110094
110095
110096-100
110101-105
110106-116
110117-121
110122-123
110124
110125-134
110135-137
110138-148
110149-150.
110151
110152-153
110154
110155-156
3/25/03 CB
110157-167
11-0168-177
110178
110179-181
110182-186
110187-189
110190
110191-192
110193-210
110211
110212
110213-237
110238-242
110243
110244
. 110245
110246
110247-252
1io253
4. Response to Public Comments
5. Response Attachment 1 Lake Maps
6. Response Attachments 2-4
7. Negative Declaration Law and Precedent
8. Proposed Findings of Fact and Recommendation
Notice of Decision and Findings of Fact and
mailing list
Revised Time Line 3/26/03
News article
4/14/03 EQB Monitor
4/8/03 OTCo Board of Commissioners' minutes
3/21/03 memo from Bowman to Peterson
4/1/03 OTCo Board of Commissioners' minutes
Affidavits of publication
Summary of Responses to EAW
4/1/03 fax from Domholt to Peterson re Findings
of Fact
3/25/03 OTCo Board of Commissioners' minutes
News article
3/20/03 file memo
3/19/03 OTCo Planning Commission minutes
Speakers EIS Needs Determination 3/19/03
3/21/03 fax from Marsha to Peterson re 3/19/03
OTCo Planning Commission minutes
3/24/03 letter from Kalar to DNR
3/19/03 letter from Russell to Swanson
3/21/03 letter from Russell to commissioners
3/20/03 news release
Notes
Meeting Minutes/Findings
3/19/03 OTCo Planning Commission minutes
Developer's Proposed Changes to Planning
Commission Findings in Support of EIS
Declaration for Blue Heron Bay
3/20/03 file memo
Guide to MN Environmental Review Rules
Letter from Jim Hatlevig
News articles
3/18/03 letter from Lake Region Surveying, Inc.
Notes
3/17/03 memo from Swenson to Kalar re file
report
Notice of Public Hearing
3/4/03 e-mail from Lejcher to Stolen
A Description of Shoreland Management Guidelines
for Cluster & Planned Unit Developments
E-mails between Sparks, Kalar, and Stolen
3/12/03 Planning Commission minutes
Notes
Dwelling Density Calculation/Allowable Units
Crowding Information
EIS Needs Determination
3/13/03 e-mail from Kalar to Sparks
6
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0
..
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0
.,
0
•
•
•
110254-259
110260-262
110263-265
110266
110267
110268
110269
110270
110271-273
110274
110275-276
110277-290
110291
110292
Letters from James Rust
Revised Time Line 3/14/03 ·
3/18/03 letter from Russell to Swenson
3/14/03 letter from Lake Area Docks & Lift
Dwelling Density Calculation/Allowable Units
3/18/03 letter from Russell to Stein
3/14/03 letter from Lake Area Docks & Lift
3/19/03 e-mail from Erickson re 3/20 meeting
3/18/03 letter from Larson to Kalar
3/19/03 Agenda for OTCo Planning Commission
3/19/03 EIS Needs Determination
Responses to EAW Issues Received During Public
Comment Period
Responses to EAW Issues Received After the
Public Comment Period Ended (3/5/03)
4/10/03 Agenda OTCo Board of Adjustment
120001 3/21/03 news article
120002 Lot Block Calculation map
120003-4 3/20/03 Blue Heron Bay Meeting notes
120005-18 3/5/03 MN DNR Comments on Blue Heron Bay Club
Environmental Assessment Worksheet (EAW)
120019-23 3/19/03 PC meeting notes
120024-36 .. 5 Responses to EAW Issues Received During Public
Comment Period
120037-42 Density Calculation notes/information
120043-73 The Shoreland Management Ordinance of Otter Tail
County, Minnesota
120074-103 Rules/regulations
120104-105 Project Mitigation and DNR Design
Recommendations
120106-115 Rules/regulations
120116-128 The Sanitation Code of Otter Tail County
140001-11 1. Redline version of proposed County
140012
140013-23
140024
140025-39
140040-302
140303-304
Commissioner's Findings and Determination
2. Additional materials
Permits issued to hold fishing tournaments on
Dead Lake from 1998 -2002
3/19/03 letter from Russell to Swanson re Native
American artifacts and burial mounds
3. County summary of public written comments
4. Public written comments
Maps
7
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12/11/02 PC Mtg
150001
150002.-7
150010-20
150021-30
150031-38
150039-40
150041
150042
150043-48
150049
150050
150051-52
150053-84
150085-87
150088-92
150093
150094-107
150108
150109
150110-111
150112-.114
150115-122
150123-126
150127-129
150130-141
150142
150143-147
150148-150
150151
150152-153
150154
150155-163
150164-166
150167
150168-170
150171-174
150175-177
150178
150179
150180-190
150191
150192
150193
150194
150195
Dwelling Density Calculation
4/16/03 letter from MN DNR re specific
recommended actions pertaining to the
conditional use permit
4/17/03 fax from Marsha to Russell
4/16/03 OTCo Planning Commission minutes
4/16/03 fax from Swenson to Kalar re 4/16/03
letter from MN DNR
4/16/03 letter from Russell
Map
3/18/03 letter from Lake Region Surveying, Inc.
4/16/03 letter from MN DNR
Map
12/11/02 OTCo Planning Commission minutes
Letter from Larry and Rena Odine
Blue Heron Bay pamphlet
Blue Heron Bay illustrative plans
Water/sewer plans
Blue Heron Bay Approvals
Sienna Corporation pamphlet
12/17/02 OTCo Board of Commissioners' Minutes
12/17/02 letter from Bowman to R. Murray
Partnership, LLP
2/12/03 OTCO Planning Commission minutes
1/30/03 letter from Russell to Kalar
News articles
3/19/03 Agenda for OTCo Planning Commission and
mailing list
4/14/03 fax from Kalar to Peterson re
Application for Conditional Use Permit.
Notice of Public Hearing
3/27/03 memo from Bowman re conditional use
permit application hearing
11/20/02 letter from Russell to Kalar
Maps ·
Acknowledgement
Total acres
Map
Notice of Public Hearing
1/30/03 letter from Russell to Kalar
4/9/03 Planning Commission minutes
Notes/business card
.Letters from William and Patricia Donaldson
Letter from Connor Schmid
Letter from Dent school employees
Letter from Kenneth and Sandra Weis
Letters from Richard and Bonnie Swanson
E-mail from Roxanne Tchida
E-mail from Milton and Rosemary Koshiol
E-mail from Allan Gully
E-mail from Rodger Knoop
E-mail from Margaret Tchida
8
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•
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150196
150197-198
150199-201
150202-211
150212-213
150214
150215-217
150218
150219-222
150223
150224-229
Heron Bay
160001
160002
16000~
160004
160005
160006
160007
160008
160009
160010
160011
160012
160013
160014
160015
160016
160017
160018
160019
160020
•
2003-3307
6/5/2003
S/22/03 updated sb
E-mail from Leo Kluch
Property ownership documentation
Maps '
4/16/03 OTCo Planning Commission minutes
4/22/03 OTCo Board of Commissioners' Minutes
(pp. 11-12)
4/22/03 OTCo Planning Commission minutes (p. 2)
News articles
4/21/03 letter from Minnesota Historical Society
Application for Conditional Use Permit
5/2/03 letter to R. Murray Partnership, LLP
Partial Tape-Recorded Proceeding of OTCo Board
Meeting Held on 4/22/03
Comments -CUI?
· Letter from Pat Martin Family
Letter from Mike Gates
Letter from Dan Gates
Letter from Tom Harris
Letter from Timothy White
Letter from Mr. and Mrs. Marvin Bahns
Letter from Robert White
Letter from William Ellerbeck
Letter from Mark Beumann
Letter from Melissa Gates
Letter from Catherine Zulfh
Letter from Irvin Gates
Letter from James Ellison
Letter from Nick Prosonli
Letter from Scott Odens
Letter from Michael Odens
Letter from Kenneth and Jan Schmack
Letter from Kim Prosaski
Letter from Elvira Wallen
Letter from Larry Oden
9
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