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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 12/05/2006MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners' Room 500 Fir Avenue W., Fergus Falls, MN Tuesday, December 5, 2006 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, December 5, 2006, at 9:30 a.m., at the Otter Tail County Government Services Center with Commissioners Roger Froemming, Chair; Dennis Mosher, Vice-Chair; Syd Nelson, Bob Block, and Everett Erickson present. i~pproval of Agenda Motion by Mosher, second by Block, and unanimously carried to approve the County Board agenda of December 5, 2006, as mailed. Approval of Minutes Motion by Nelson, second by Block, and unanimously carried to approve the County Board minutes of November 28, 2006, as mailed. Approval to Pay Bills Motion by Block, second by Froemming, and unanimously carried to approve payment of the County Board bills per Attachment A of these minutes. Meal Reimbursement Discussion Solid Waste Director, Mike Hanan, provided copies of two receipts that his employees submitted for meal reimbursement. Discussion took place regarding meal receipts that are provided to employees from restaurants vs. information needed by the Auditors in order to reimburse the expense. Motion by Block, second by Erickson, to authorize payment of these meal expenses as submitted until a specific policy can be implemented to communicate to employees the exact information needed in order to receive reimbursement. Motion carried 3-2 with Froemming and Mosher opposed. Fergus Falls Transfer Station Update Mr. Hanan briefed the County Board on a recent meeting with the MPCA Citizen's Board regarding the proposed Fergus Falls Transfer Station. The Citizen's Board heard testimony from each side of the issue and the end result was a negative declaration for an Environmental Impact Statement (EIS). Mr. Hanan stated that the County will proceed with the next step, which is to request a Special Use Permit from the Township. Petition for lmpoundment -Ditch No. 38 County Auditor, Wayne Stein, provided copies of a Petition for lmpoundment in Ditch No. 38 pursuant to Minnesota Statutes 103E.227. County Attorney, David Hauser, stated that the petition is in order including a bond and an engineer's report. Motion by Nelson, second by Block, and unanimously carried to request that the County Highway Engineer review the engineer's report submitted with the petition. A Public Hearing will be established within 30 days after receiving the County Highway Engineer's report. OTC Board of Commissioners' Minutes December 5, 2006 Page2 License Approval Motion by Froemming, second by Block, and carried with Mosher abstaining, to approve the following applications for license: Big Chief Inc. Tobacco Fergus Falls, MN Dalton Municipal Liquor Store Dalton, MN Olson Tire and Oil Inc. Ottertail, MN Super H, Inc. Elizabeth, MN Tom's Amoco Henning, MN Wagon Wheel Richville, MN Certificate of Correction to Plat Tobacco Tobacco Tobacco Tobacco Tobacco Motion by Mosher, second by Froemming, and unanimously carried to approve, as prepared by David A. Anderson, Professional Land Surveyor, the attached Land Surveyor's Certificate of Correction to Plat of Bluegill Bay Estates (attached as Attachment B). Budget Review for 2007 -Outside Agencies Mr. Stein presented the County Board recommended budgets for Outside Agencies for CY2007 as previously discussed. Discussion followed regarding the new proposal from the Soil and Water Conservation Districts and the Ag Advisory Committee budget. Motion by Nelson, second by Mosher, to approve the recommended budgets for Outside Agencies as presented with the addition of $20,000.00 for the ESWCD New Proposal contingent upon matching funds by the SWCD's. Motion carried 4 -1 with Block opposed. Oath of Office Everett P. Erickson, Commissioner of the Second District in Otter Tail County, took the Oath of Office administered by Judge Mark F. Hanson. Highway Project Update Highway Engineer, Rick West, updated the Board on Highway Construction and Design Projects completed or in progress from the 2006 construction season. LEEDS Certification Physical Plant Manager, Rick Sytsma, encouraged the Board to proceed with the Leadership in Environmental Engineering and Design process for the proposed Ottertail City Operations Center as air quality and energy savings become increasingly important. Architect, David Shultz, explained the aspects that LEED or Green Design brings to construction projects. He explained the certification process and the involvement of outside contractors to ensure all systems work together in a building project. Motion by Block, second by Nelson, and unanimously carried to approve pursuing the LEEDS Certification for the Ottertail City OTC Board of Commissioners' Minutes December 5, 2006 Page 3 Operations Center as the County becomes a leader in Green Building practices in terms of the environment and energy efficiencies and to authorize the Chairman to sign an amendment to the Architectural Design Contract of David Shultz and Associates for the Operations Center at an approximate cost of $29,000.00. Approval of Final Plat Motion by Erickson, second by Nelson, and unanimously carried to approve the Final Plat entitled "Second Addition To Preston's Lakeview Beach", GL 3, Part of Lot 23 of Preston's Lakeview Beach and Adjacent Vacated Road and Part of Lot 1 of Nelson's Oakwood Park Beach, Section 23, Township 134N, Range 43W, Elizabeth Township; Jewett Lake (56-877). Final Plat Extensions Motion by Erickson, second by Mosher, and unanimously carried to authorize an extension to January 31, 2007, for filing the Final Plat entitled "Lorene Shores" in Section 11 of Elizabeth Township, Long Lake (56-784). Motion by Froemming, second by Mosher, and unanimously carried to authorize an extension to February 1, 2007, for filing the Final Plat entitled ''The Pier" in Sections 21 & 28 of Otter Tail Township; Otter Tail Lake (56-242). Conditional Use Permit Request -Blue Heron Bay At 11 :10 a.m., Land & Resource Director, Bill Kalar, provided an information packet relative to Blue Heron Bay Development, including the Application for Conditional Use Permit dated 11/20/2002. Since that time, there have been a variety of actions and additional information including Court actions and environmental reviews. In addition to the original application, Mr. Kalar provided the Planning Commission's original two motions, the County Board's action of April 22, 2003, and a copy of Page 28 of the existing SMO which is a checklist that should be used when making decisions regarding Conditional Use Permits. Also, the packet includes a comparison of the proposed requests, revised request received on 11/28/06 for 121 dwelling units and 116 boat slips, a Summary Table of Impacts/Mitigation showing areas of concerns that have been identified and mitigation strategies, a list of governmental approvals and permits required, a letter from Bob Russell, Attorney for Blue Heron Bay, and Land & Resource Management Office comments. Mr. Kalar referred to Item #16 of the Land & Resource Office document and stated that today, the County Board may come to a decision in regards to the CUP request. There will be some time needed to put together a written record of the decision; therefore County Officials would request until December 19, 2006, to prepare the final findings and conclusions. County Attorney, David Hauser, stated that a formal record is appropriate and the Board members should consider the application and other available information, Environmental Assessment Worksheet and comments, Environmental Impact Statement (EIS) and comments, Otter Tail County Resolution No. 2006 -14 relating to the County's Ordinance which was approved by the DNR and the fact that, the County, basically, has zoned, the Adequacy Determination of the EIS, the original negative EIS declaration and the scoping decision and the recommendation of the Planning Commission. This was considered by the Planning Commission pursuant to the SMO; however, no final decision could be made until the environmental review process was completed, which was not completed until the adequacy determination on the EIS after the Courts directed that an EIS be completed. This matter was not sent back to the Planning Commission because the membership has changed OTC Board of Commissioners' Minutes December 5, 2006 Page4 since 2002 and the Planning Commission members have not had a chance to review all of the information of the environmental review process. Mr. Hauser stated that the County has met the requirements of the ordinance and now, are meeting the requirements of the environmental review process, and a final determination will be made by the County Board and needs to be made within 60 days of the determination that the EIS was adequate. December 31, 2006, is the end of 60 days as the findings of the Adequacy decision was made on October 31, 2006. Mr. Hauser noted that this meeting is scheduled as a Public Hearing to take information on the CUP request so the proposer and the public have an opportunity, in light of the additional information known because of the EIS, whether or not a CUP should be issued and if so, what conditions should apply. Mr. Kalar has recommended conditions he believes are appropriate, conditions have been submitted from the proposer, and the public may have recommendations for conditions they would like included. The County Board could also consider the table from the EIS concerning mitigations that might be appropriate. Mr. Hauser advised the Board to consider all of the information relative to the revised request of the proposer and any amendments to the request. Chairman Froemming opened the floor to the developer. Jim Erickson, Owner of Blue Heron Bay Land Co. LLC, explained, as follows, the amended CUP proposal and asked for an opportunity to respond to questions from the public. The Planning Commission recommended approval of a 125 unit development and the County Board approved a 138 unit development. The amendment changes the number of units requested to 121 dwelling units spread in outlots and custom home sites divided into 3 phases: Phase 1 -the top of the large peninsula; Phase 2 -the southern part of the peninsula; and Phase 3 -the eastern side of the large peninsula. Phase 3 -In 2003, the approved plan showed 31 units on the eastern side, 9 single sites and 11 buildings. This has been reduced to 27 units by removing 2 buildings. The only change in Phase 3 is reduction from 31 to 27 units. Blue Heron Bay Land Co. has entered into an option with the Trust for Public Land to acquire the parcel to convey to the DNR for inclusion in their current Wildlife Management area. Mr. Erickson stated that this is supported as an appropriate mitigation strategy. If the sale does not happen, the proposal is 27 units on the east side exactly as proposed before except for reduction of 4 units. Phase 2 -same proposal except the site of the old barn and silo, which was to be the lodge area. The proposal is to move the lodge into the Phase 1 property; therefore the only change in Phase 2 is to insert housing units on that site and take the lodge off. On south piece of ground, reduced the number of units -footprint is the same but with fewer units. Phase 1 -largest change from the proposal in 2003. The lodge is incorporated on a site that previously contained 6 or 7 housing units. The road is a little different with the marina the same. There are 58 units proposed in phase 1, 36 units proposed in phase 2 for a total number of 94 units. If the 3rd phase is sold, the maximum number of units would be 94 compared to 138 requested originally. Reduction is a mitigation factor. Mr. Erickson explained that the 94 units are contained on a total of 79 pad sites; 2 units of duplex would be 1 pad site. Only 79 sites are proposed to be built on in Phase 1 and Phase 2. The maximum number of units would be 94 but could be less. The double diamonds shown on the map are 7 units that bring a new option to the market place. These designated 7 units permit an individual to build a home and guest house or 2 smaller homes OTC Board of Commissioners' Minutes December 5, 2006 Page 5 or duplex; however, there will be a requirement for single ownership. For example, Mr. Erickson showed Lots 1 & 2 where he plans to build a home and guesthouse which would account for 2 units. The wastewater system will be a cluster system. Cluster dock systems are proposed and there are changes to these dock facilities. The docks are proposed as follows: Phase 1: 40 slips proposed on a dock facility by Outlot B 12 slips proposed on the island close to the proposed lodge 6 slips proposed limited to small motors Phase 2: 40 slips proposed on a site below where the lodge was originally located 12 slips on the tip of the peninsula Phase 3: 6 slips limited to small motors Mr. Erickson stated that the current SMO permits 119 slips and the request is asking for 116. The locations of the dock facilities are subject to discussion; however, the developers feel that they have been placed in the best areas. The request would be for 11 O slips if the land in Phase 3 is sold to the Trust for Public Lands. The time frame for beginning Phase 1 construction is this spring starting with the lodge and Mr. Erickson's home, with the rest depending on success in selling lots in the market place. Phase 1 and the road to the lodge would be worked on first waiting on Phase 2 initially. Steve Langley, of the Dead Lake Town Board, stated that the Township has an agreement with Mr. Erickson that Blue Heron Bay Land Company would pay for improvements on ½ mile of road from 370th into the Blue Heron Bay property and there will be continued discussions regarding roads with the Township. The land added to the project was the peninsula (isthmus) and a separate island. The island is owned by Connor Schmidt. Blue Heron Bay Land Co. is purchasing the island on a Contract for Deed. The island has been removed from the project but the isthmus is included. Mr. Erickson stated that Blue Heron Bay Land Co. will soon own the island as a warranty deed. Blue Heron Bay Land Co. Attorney, Bob Russell, requested copies of the DLA mitigation recommendations and Land & Resource Department's mitigation recommendations presented today for their review ove1· the noon hour. At 11 :58 a.m., Chairman Froemming declared the Otter Tail County Board of Commissioners' meeting recessed for lunch break. At 1 :00 p.m., Chairman Froemming reconvened the Board of Commissioners' meeting and the Blue Heron Bay CUP Request Public Hearing. Terry Sullivan, of Richville, MN, representing the DLA, introduced three Board members speaking on behalf of the DLA as follows: DLA Board member, Don Fondrick, of Richville, MN, presented a handout entitled "Dead Lake Association's Recommendation For Development Of Blue Heron Bay Property" dated December 5, 2006 and discussed the following issues: 0 Density has always been an issue with this development. Reduction in the number of units would go along with the EIS. OTC Board of Commissioners' Minutes December 5, 2006 Page6 o He recommended 70 residential units in a cluster development with no time shares and no more than two clusters of docks with boat slips not to exceed one per unit or 50 single family units in lot and block design. G Districting/Zoning for Development • No commercial uses o Mitigation Strategies o The East portion of the property which is about 50 -60 acres in Phase 3 should never be developed because it is extremely sensitive property. Mr. Fondrick suggested that the County Board not make a decision today and continue the Public Hearing on December 12, 2006 after the DLA, developer, and County officials have had time to discuss differing viewpoints. DLA Member, Doug Martin, Mpls, MN, read for the record, a letter dated December 5, 2006, regarding the Blue Heron Bay Development Conditional Use Permit signed by DLA President, Terryll L. Sullivan. DLA Member, Spencer Schram, Mpls, MN, spoke in regards to the need for districting in order to grant a CUP for a cluster development in Otter Tail County. With the Final EIS along with mitigation strategies, there is substantial agreement regarding Blue Heron Bay and, obviously substantial disagreement on the density issue; however, this issue, too, has closed substantially. Mr. Schram stated that it is the DLA's position that districting is a legal requirement for Otter Tail County to issue a CUP for a cluster development on a lake. It is not the DLA's position that the County Board needs to zone Otter Tail County or zone all the lakes in the County. The DLA believes that the legal requirement is that in order to grant bonus density, you need to district a particular lake. State law uniquely provides for County Boards to manage controversy like the Blue Heron Bay development by creating a zoning map within the five allowed uses around the lakeshore. Mr. Schram discussed the timelines for this project and the time that would be required to create a District Plan for Dead Lake. The DLA has not relinquished its legal rights; however, as part of the anticipated conversations in the next several days, the parties in this situation may come together with a plan on how to proceed for mapping/zoning the shoreline areas of Dead Lake that may identify and permit additional Conditional Use Permits for cluster developments in the future on other parts of the lake, with the time to provide for the research and understand what the caring capacity of the lake is and what the bonus density may be in the event that the whole lakeshore isn't developed in a lot and block plan. Mr. Schram stated that the lake association is willing to give consideration for this process and maintain the County's timeline. He requested that 2-3 representatives of the County, 2-3 members of the DLA, the developer and his designees talk about how to proceed to resolve this districting matter at this time, while providing for a longer term process to more fully develop the districting plan for Dead Lake. The letter dated November 20, 2006, sent to the County Board from Rinke Noonan Law Firm was discussed. Mr. Hauser referred to the districting issue and Otter Tail County Resolution No. 2006 -14. At the time of the resolution, there was a feeling from the Board that, in fact, Otter Tail County was zoned in one zone and the County had received approval from the DNR to do it that way and the question remains as to where would cluster developments be prohibited. Density bonuses in Otter Tail County are less than what would be authorized under the statewide standards not just because dense commercial developments are not allowed, but also, the County's standard density bonuses are less than what is authorized. Otter Tail County has OTC Board of Commissioners' Minutes December 5, 2006 Page 7 addressed this legislatively and if the Supreme Court had all of that information when they made their decision, they would have likely said that the County's Ordinance is valid. Because of this position, the County did not direct Mr. Kalar to move forward with districting. Ernest West of Richville Township spoke regarding the CUP request process. Cheryl Harris spoke regarding density relative to the acreage in each phase of the project. As requested by the developer and the DLA and to allow for further discussion between the interested parties, Chairman Froemming continued the Public Hearing for the CUP request for Blue Heron Bay at 1 :15 p.m. on Tuesday, December 12, 2006. Recess & Reconvene At 2:08 p.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The meeting was reconvened at 2:15 p.m. Employee of the Month Program Motion by Block, second by Erickson, and unanimously carried to authorize a transfer of funds, in the amount of $862.41, from the Commissioners Contingency Fund to the Employees' Committee for the Employee of the Month program. Amendment to Contract Motion by Froemming, second by Mosher, and unanimously carried to authorize the Chairman's signature to execute a 2006 Amendment to the MCIT Drug and Alcohol Testing Program Participation Agreement, which authorizes an increase for lab testing from $36.50 to $39.00 for random drug testing for positions requiring a commercial drivers license. Adjournment At 2:30 p.m., Chairman Froemming declared the meeting of the Otter Tail County Board of Commissioners adjourned until Tuesday, December 12, 2006. Dated: / 1 /, ,./ ~ OTTER TAIL COUNTY BOARD OF COMMISSIONERS Attest ~~ Ifft Larry Kron, lerk ming , Board of Commissioners Chair CB/kd 12/05/2006 12:04:46 OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION OTC Board of Commissioners' Minutes December 5, 2006 Attachment A, Page 1 IFD66 COUNTY 56 PAGE 1 WARRANTS APPROVED ON 12/05/2006 FOR PAYMENT 12/05/2006 VENDOR NAME A-1 TROPHY A'VIANDS LLC APPLIED CONCEPTS INC AUTO VALUE FERGUS FALLS GAYLON BAKKEN BEN FRANKLIN BLIZZARD BLADE RIAN BOSSE BROCK WHITE COMPANY LLC CALL ONE INC CARR'S LAKE COUNTRY SUP2RMARKE CHECKERS CITIZENS ADVOCATE CO OP SERVICES 1NC COOPERS TECHNOLOGY GROUP COUNTRY GLASS INC D & S EXCAVATING OF VIN:CNG LLC DIVERSION AUTO JAMES EASTMAN ECONO SALES AND SERVICE CHUCK EHRENBERG ELECTION SYSTEMS & SOFTWARE IN F-M FLOORING INC FARGO GLASS AND PAINT CO FERGUS ELECTRIC FERGUS FALLS POLICE DEPT FERGUS INTERNATIONAL INC' FERGUS TIRE CENTER FERRELLGAS GALL'S INC GODFATHERS EXTERMINATING INC GOODIN COMPANY GR GRAPHICS INC ST LOUIS PATRICK GRIFFIN HEDAHLS HEADQUARTERS HENRY'S FOODS INC INNOVATIVE OFFICE SOLUTIONS INTERSTATE INC J EGGUM METALS & RECYCLING JJ'S COMPANY EXCAVATING ::..LC K-MART KELLY SERVICES INC tJmTSON ELECTRIC REBUILDING KOALA DIVISION L & L SEP.VICE LAB SAFETY SUPPLY INC LAKE REGION DENTAL CENTER LARRY OTT INC TRUCK SERVICE LAWSON PRODUCTS INC AMOUNT 11. 61 3,180.23 37.28 298.13 211.45 24.39 407.25 123.75 571.19 59.50 44.10 7.55 707.55 42. 96 961.45 30.50 832.50 1,007.71 30.00 452.76 154.97 15,075.55 308.43 499.03 229.49 4,191.51 13 0. 89 534.71 197.69 26.61 122.48 28.14 419.01 26.66 5.84 1,205.93 482.70 17.11 6,405.00 720.00 10.64 1,405.71 110.85 128.30 46.08 81. 46 259.00 1,390.00 340.79 OTC Board of Commissioners' Minutes December 5, 2006 Attachment A, Page 2 12/05/2006 12:04:46 OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION IFD66 COUNTY 56 PAGE 2 WARRANTS APPROVED ON 12/05/2006 FOR PAYMENT 12/05/2006 VENDOR NAME ROGER LEWIS MARK SAND & GRAVEL CO MATTHEW BENDER & COMPANY INC MIDWEST PRINTING CO MN ASSOC OF CO OFFICERS MN ASSOC OF TOWNSHIPS MN MOTOR COMPANY MN SHERIFFS'ASSOCIATION MN STATE BAR ASSOCIATION MONITOR TIRE DISPOSAL INC NATIONAL BUSINESS SYSTEMS INC NELSON FORD LINCOLN MERCURY IN SIDNEY NELSON NEW YORK MILLS HERALD NORTHERN SAFETY TECHNOLOGY INC NORTHLAND BUSINESS SYSTEMS INC NORTHWEST LASERS INC OFFICE DEPOT ONE CALL LOCATORS LTD OTIS ELEVATOR CO OTTER TAIL CO EMPLOYEES COMMIT OTTER TAIL CO TREASURER OTTER TAIL TELCOM OTTERTAIL TRUCKING INC OVERHEAD DOOR COMPANY PAMIDA INC 008 PELICAN RAPIDS PRESS PEPSIAMERICAS PERHAM ENTERPRISE BULLETIN PERHAM SAND & GRAVEL PITNEY BOWES QUARTERMASTER RINGDAHL AMBULANCE SERVICE RON JENSEN ELECTRIC ROYAL TIRE INC CHERI SCHULTZ WAYNE SHOL SIMPLEXGRINNELL LP SOUTHTOWN C-STORE THE STATE CHEMICAL MFG CO STEINS INC STREICHERS TEAM LABORATORY CHEMICAL CORP THYSSEN KRUPP ELEVATOR CORPORA TRIMIN SYSTEMS INC UNIFORMS UNLIMITED VICTOR LUNDEEN COMPANY VIKING COCA-COLA VOSS LIGHTING AMOUNT 142.45 420.24 682.90 367.43 240.00 15.00 91.90 275.00 354.SO 3,160.80 15,000.00 578.84 134.95 176.00 846.36 2,380.SS 470.61 123.44 159.54 96.25 248.00 16.00 431.98 9,975.60 3,119.00 8.08 130.00 206 .10 276.21 360.00 1,008.00 133.95 370.00 5,250.00 109.35 43.87 1,188.54 1,527.21 27.11 243.38 2,196.13 88.03 132.65 1,307.29 2,431.20 86.80 8.74 152.25 312.90 12/05/2006 12:04:46 OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WAR.RANTS FOR PUBLICATION OTC Board of Commissioners' Minutes December 5, 2006 Attachment A, Page 3 IFD66 COlmTY 56 PAGE 3 WARRANTS APPROVED ON 12/05/2006 FOR PAYMENT 12/05/2006 VENDOR NAME WEST PAYMENT CENTER WESTRIDGE DENTAL CENTER YAHOO FINAL TOTJU, ...... . AMOUNT 2,081.95 84.00 20.39 $102,888.01 •••• OTC Board of Commissioners' Minutes December 5, 2006 Attachment B, Page 1 LAND SURVEYOR'S CERTIFICATE OF CORRECTION TO PLAT Name of Pi.at BLUEGILL DAY ESTATES Pursuant fo tne prov1s1on of Chapter 505 175. Laws ol M•nnt::5ola. 1~57. David A Anderson. tht- unders1gned, a Professional Land Surveyor m and Im the State ot M,nnesota, oectwes as tallows 1 Thal the 01a1 or BLUEGILL B.C...Y ESTATES. daied February 13, 2004 and filed on Maren:::~. :;:004 1n the offict: al the County Recorder. Oner Tari County, M1nneso1a, ,n Boo\.. 0 of Plats, Page l.l-48, was p1epared by Dav,o A Anderson, Profc:ss1onal Land Surveyor Mmnesota l.lcense No 13620 2 Tt1at said plat con1a1ns lhe follow,ng errors to w,1 In Ille Curve 1 atJle. The curves Oes1gna1e1::I as C::: ano c:::1. ine dellil an9rc hsled 1s 04 oegrees 33 minutes 44 seconds and under the plat ded1cat1on de:scnpllon, th& tnnd paragraph, the elevcntn 11ne down. the call of ·angle o1 0-1 degroos 33 minutes 44 seconds, tor an arc distance of 156.63" 3 That said pl.ii ,s nereby correcled as to-flows. to Wit Thto oel\a ang1e lor the curves des,gna\cC' as C2 and C::!1 JS 04 degi<!es 33 minute!> ~5 seconds and 1t1t: correct call 1n the plat !;led1cat1011 desc11pt1on is ·anglt< ol 04 degrees 33 minutes 4~• seconds far an arc distance of 156 63' STATE OF MINNESOTA COUNTY OF OTTERTAIL tJ, 1 J L . The lo,egoing ,nstrumenL was ac~.nowlec151ed betor.: me th,s ~ day of ~/'h UC., ... by Dc1vld /l. Anoe,son I.·•....,·.. Lrt•:;;;: ,p:;r,''; ~:0-li:L 1· ,,,;,, ,,.,_., -'·'"''"'"-: :\, • .._.,;.· •••':ro.,n;,o~:,ow,J,.,., .</ Jt>!, ·--------------. Notary·Pub11c, Otter Till• C;t~·. M1nno:.:so1a MyComm,ss,onf.~oire~ , n.n . .31, c?QIJ . 2006 Th1& al>ove Cert1hc.i10 of Correcnon to LIH! pla\ or BLUEGILL W\Y ESTATES t1as oeen clPOIOVed ny the Bc,ara o! Comm,ss1oners ot Oner 1 ail County, Minnesota. al 3 regular meet,ng held on tne _______ day ol ________ . 200_ Cn.mman of the County ~oa,d