HomeMy WebLinkAboutBoard of Commissioners - Minutes - 04/25/19957
Minutes of the
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Commissioners' Room, Floor 1-B
Otter Tail County Courthouse
Tuesday, April 25, 1995
l:00 p.m.
CALL TO ORDER
CLOSED TO PUBLIC
The Otter Tail County Board of Commissioners convened Tuesday, April 25, 1995, at
11:02 a.m. at the Otter Tail County Courthouse in closed session for the purpose of
evaluating the performance of Larry Krohn, County Coordinator, pursuant to M.S. 471.705
Subd. ld{d) with Commissioners Bill Stone, Chairman; Harley Windels, Malcolm Lee,
Andy Lindquist and Virginia Fortmann present. The closed session adjourned at
11:29 a.m.
RECONVENE
After lunch break, the Chairman reconvened the meeting of the Otter Tail County Board of
Commissioners, in open session, at 1:00 p.m. with Commissioners Bill Stone, Chairman;
Malcolm Lee, Harley Windels, Andy Lindquist and Virginia Partmann present.
APPROVAL OF MINUTES
Motion by Partmann, seconded Lee and unanimously carried to approve the minutes of
April 18, 1995.
0 SEWAGE DISPOSAL INSTALLERS LICENSES
Motion by Lee, seconded Lindquist and unanimously carried to approve the following
applications for Sewage Disposal Installers License renewals:
Underground Contractors, Mark Fehrenbach, Perham, MN
Vergas Backhoe, John Moltzan, Vergas, MN
APROVAL OF FINAL PLAT -PLEASURE PARK RESORT
Motion by Lee, seconded Windels and unanimously carried to approve the final plat of
Landis M./Debra L. Weaver and Edward A. Smith, Pleasure Park Resort (Section 4,
Township 134, Range 39, Otter Tail Lake).
TEMPORARY INTERIM SUBDIVISION CONTROLS
Land & Resource Director, Bill Kalar, along with Recorder,
Wayne Stein, discussed with the board specific issues
subdivision control resolution adopted on April 18, 1995.
Wendy Metcalf and Auditor,
in implementing the temporary
The issues discussed include:
1)
3)
What document gives the procedures for the subdivision of parcels of land less than
10 acres? County Attorney, Wally Senyk, explained that the language in the
temporary controls resolution provides for applying the subdivision controls
ordinance rules with parcels of less than 10 acres. These plats must be approved
by the Planning Commission. The Planning Board will make an on-site inspection on
these parcels, as they have in the past, with Shoreland parcels .
. Are the subdivisions of less than 10 acres subject to the same fees as regular
subdivisions? The board directed that the fees should be the same.
If a variance has been approved before the temporary controls were enacted, however,
the deed had not been recorded, is Planning Commission approval required?
Otter Tail County Board of Commissioners
April 25, 1995
Page 2
4)
0
Is there a documented, specific date that could be used as an effective date for the
temporary subdivision controls to allow situations that were 11 in process 11 when the
temporary measures were enacted?
The Chairman called on several citizens who wished to explain their personal situation
and/or problem with the temporary subdivision controls. Lyle Kachelmeyer stated that
he had received a variance by the Board of Adjustments and that the deed to be recorded
had been sent to the Recorder's office postmarked prior to the adoption of the temporary
controls resolution. Kachelmeyer expressed surprise that there are parcels platted
that are not buildable sites. County Attorney, Wally Senyk, explained that it has come
to the attention of the County Board, by way of the Board of Adjustment and Planning
Commission this last year, that development of unbuildable lots is a problem and the
County Board enacted the temporary controls to alleviate hardship for Otter Tail County
residents caught in that type of a situation.
AMENDMENT TO THE TEMPORARY INTERIM SUBDIVISION CONTROLS
OTTER TAIL COUNTY RESOLUTION #95-27(A)
Upon motion by Lee, seconded by Windels and unanimously carried, the Otter Tail County
Board of Commissioners adopted the following amendments to Resolution #95-27.
WHEREAS, on April 18, 1995, the Otter Tail County Board of Commissioners adopted by
Resolution #95-27, temporary interim subdivision control measures, which required County
Planning Commission review and approval of all subdivisions of real property of less
than ten {10) acres prior to recording; and
WHEREAS, the County Board has learned of individuals who had completed conveyances of
Oroperty prior to the adoption of the interim provision, but failed to record them
efore April 18; and
WHEREAS, subdivisions of land which have been approved for variance by the Board of
Adjustment, will not benefit from further review by the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the Otter Tail County Board of Commissioners hereby
adopts the following amendments to the temporary interim subdivision control measure
enacted in Resolution #95-27:
For those subdivisions of real property where a deed or other conveyance document
was fully executed and notarized on or before April 18, 1995, the subdivision
controls ordinance notice requirements for public hearing before the Planning
commission shall be waived and the Planning Commission shall expedite review and
recommendation to-the County Board. Those subdivisions of real property which
have been authorized by variances issued by the County Board of Adjustment, which
permit them to subdivide without meeting the platting requirements of the
ordinance, may be recorded without further review by the County Planning
Commission.
Adopted this 25th day of April, 1995 .
Dated: .J. J1'ts: ' Ott(/'. ~i. Cou~ty Board,;;~issioners Byu~~
William Stone, Chairman
O~)f{i!_
Larry rohn, Clerk
Otter Tail County Board of Commissioners
April 25, 1995
i Page 3
SECOND AMENDMENT TO THE TEMPORARY INTERIM SUBDIVISION CONTROLS
OTTER TAIL COUNTY RESOLUTION #95-27(2ndA) apon motion by Lee, seconded by Fortmann and unanimously carried, the Otter Tail County
Board of Commissioners adopted the following amendment to resolution #95-27:
WHEREAS, on April 18, 1995, the Otter Tail County Board of Commissioners adopted by
resolution #95-27, temporary interim subdivision control measures, which require County
Planning Commission review and approval of all subdivisions of real property of less
than ten (10) acres prior to recording; and
WHEREAS, the Otter Tail County Board of Commissioners has learned of numerous
individuals whose 1995 construction plans have been jeopardized by an inability to
record a subdivision of a single lot; and
WHEREAS, the substantial majority of the subdivisions of marginal land which have
created residential lots which are inconsistent with the orderly development of Otter
Tail County, have involved the creation of multiple lots from a large parcel of land, by
metes and bound descriptions; and
WHEREAS, the benefit to residents of Otter Tail County from allowing a limited single
split of 2.5 acres or more by metes and bounds description, will outweigh the potential
harm that may result.
NOW, THEREFORE, BE IT RESOLVED that the Otter Tail County Board of Commissioners hereby
adopts the following amendment to the temporary interim subdivision control measure
enacted in resolution #95-27:
0 Until a revised Subdivision Controls Ordinance is adopted, one subdivision of 2.5
acres or more of real property by metes and bounds description may be recorded for
any tax parcel of real property which existed in the Otter Tail County tax records
on April 18, 1995, without review and approval by the Otter Tail County Planning
Commission.
BE IT FURTHER RESOLVED that this amendment shall be effective immediately.
Adopted this 26th day of April, 1995.
Dated: Ot~il co:nty
By
f Commissioners
William Stone,
Verlyn Menze of Aurdal Township expressed concern that the subdivision controls were
implemented and came as a surprise to the public. Senyk explained that there is a
process leading to a Public Hearing before the enactment of the changes in the
Subdivision Controls Ordinance. The temporary controls were simply an emergency measure
taken by the board.
Oiscussion took place regarding platting 5 acres or less under the Shoreland Ordinance
instead of 10 acres or less which was designated in the temporary subdivsion controls.
The Land & Resource Director, Recorder and Auditor each discussed this issue as well as
two individuals from the public. Commissioner Lindquist stated that this issue will be
discussed at a special Planning Commission meeting at 4:00 p.m., April 26, 1995.
Otter Tail County Board of Commissioners
April 25, 1995
Page 4
TORNADO RESPONSE PLAN
Qafety Director, Tim Hunt, provided a Public Notice handout to the Commissioners
nforming them of a statewide Tornado Drill planned for April 27 at 1:45 p.m. Hunt
explained to the Commissioners which exit they would take to go to safety from the
Commissioners' meeting room in case of natural disaster.
REQUEST FOR REAFFIRMATION OF THE TENTH AMENDMENT
Citizens George Jaros, Everett Gilbertson and others appeared to discuss and request the
board's adoption of the 10th Amendment Sovereignty Resolution. Mr. Gilbertson presented
an overview of their constitutional beliefs and discussion followed. Commissioners
Lindquist, Lee and Windels explained that Otter Tail County's lobbying body is the
Association of Minnesota Counties. No action was taken by the board.
BID OPENING DATE SET
Motion by Windels, seconded Lindquist and unanimously carried to set the bid opening
date for the 1995 Traffic Marking Contract at 1:00 p.m., May 23, 1995.
CSAH #31 RIGHT-OF-WAY ACQUISITION
Motion by Lee, seconded Partmann and unanimously carried to authorize the
Highway Engineer to change the hearing date for Mr. Lyle Hosterman to meet before the
County Board regarding the CSAH #31 right-of-way acquisition from 1:00 p.m. on
May 2, 1995 to 1:00 p.m., May 9, 1995. A quorum of the County Board will meet at
1:00 p.m., May 9 in the Commissioners' room and, after adjournment of the regular County
rioard meeting, will view the property relative to this acquisition matter. After
'-"'larification by the County Attorney, a determination was made that the County Board
cannot delegate the viewing of the property as authorized by a previous motion on
April 11, 1995.
UNDERGROUND HEATING OIL TANK -VERGAS GARAGE
Highway Engineer, Rick West, reported that an underground heating oil tank had been
removed at the Vergas highway garage. Some contamination was found; therefore, the
project will move to Phase II. Phase II includes determination of how much
contamination exists and the most economical method to remove the contamination. West
stated this phase is primarily for the technical services. The Phase II quotations are
as follows:
Widseth, Smith & Nolting
Alexandria, MN
West Central Environmental Services
Morris, MN
$ 9,558
10,047
Motion by Partmann, seconded Lindquist and unanimously carried to approve the services
of Widseth, Smith & Nolting for Phase II of the underground heating oil tank removal
project in the amount of $9,558.
CSAH #31 -RESTRICTED WATER SURFACE USE RESOLUTION
OTTER TAIL COUNTY RESOLUTION #95-28
Ootion carried to approve resolution #95-28.
' . Otter Tail County Board of Commissioners
April 25, 1995
Page 5
REQUESTS TO RECORD DEEDS
r~itizen, Joel Teberg, requested approval to record a warranty deed for 4.12 acres of
~roperty. The deed was dated April 14, 1995. The board directed Mr. Teberg to see
Bill Kalar for the expedited procedures previously authorized at this board meeting.
Citizen,
10 acres.
Raymond Hornung, requested approval to record a deed for property of less than
The board directed Mr. Hornung to contact Bill Kalar Thursday morning for
direction in this matter.
STIPULATION OF ENTRY OF JUDGEMENT
Motion by Windels, seconded Partmann and unanimously carried to approve a Stipulation of
Entry of Judgement in a tax appeal matter of Robert Kavanaugh vs the County of
Otter Tail.
FINAL PAYMENT -MARK'S ELECTRIC
Motion by Lindquist, seconded Lee and unanimously carried to approve final payment, in
the amount of $10,261, to Mark's Electric, Inc. of Detroit Lakes, MN, for completion of
their portion of project 9404 (office remodeling at New York Mills).
Total bid amount of $116,400 plus change order #E-1 of $888 will have been paid after
final payment has been satisfied.
LIQUOR LICENSES
,-iotion by Lindquist, seconded
~pplication for licenses:
Partmann and unanimously carried to approve the following
FM In Amor
Troy M. Barth
Battle Lake, MN
Application for On-Sale Wine
License and Application for On-Sale
Intoxicating Liquor License.
Subject to the approval of the County Attorney and to the submission of the necessary
insurance papers.
Dave and Louise1 s
Louise E. Trana
Henning, MN
Hidden Acre Resort
Craig G. Ronning
Vergas, MN
Silent Rainbow Resort
Carol J. Hockersmith
Dent, MN
Tom's Standard
Thomas Weinhandl
Henning, MN
Application for Consumption and
Display (Set-Up) Permit.
Application for On/Off Sale
Non-Intoxicating Malt Liquor
License.
Application for On/Off Sale
Non-Intoxicating Malt Liquor
License.
Application for Off-Sale
Non-Intoxicating Malt Liquor
License.
Q AUTHORIZATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE
An application for Authorization for Exemption
submitted by the St. Lawrence Church, Perham, MN,
August 6 1 1995. No action was taken by the board.
from Lawful Gambling License has been
for an event that is scheduled for
i I.
• Otter Tail County Board of Commissioners
April 25, 1995
i Page 6
SALE OF TAX FORFEITED PROPERTY
OTTER TAIL COUNTY RESOLUTION #95-29
Qpon a motion by Lee, seconded Portmann and unanimously carried,
County Board of Commissioners' adopts the following resolution.
the Otter Tail
WHEREAS, The County Board of Commissioners of the County of Otter Tail, State of
Minnesota, desire to offer for private sale to adjacent owners a certain parcel of land
that has forfeited to the State of Minnesota for non-payment of taxes, and
WHEREAS, Said parcel of land has been viewed by the County Board of Commissioners and
has been classified as non-conservation lands as provided for in Minnesota Statutes
282.01, and
WHEREAS, The City of Parkers Prairie, by a letter dated April 19, 1995, has approved the
County's request for the private sale to adjacent owners the following parcel of tax
forfeited land:
75-000-99-0195-000
Lakeview Addition
Lot 14 Block 23, and
WHEREAS, The size of the above described parcel is such that development would be
extremely limited unless the parcel is sold to an adjacent land owner, and
WHEREAS, It has been determined that the private sale of
would facilitate the return of the parcel to the tax list c;se of this parcel can only be achieved by adding it to an
WHEREAS 1 The Otter Tail County Board of Commissioners has
parcel and has set the basic sale price at $2,500.
the above described parcel
and that the highest and best
adjoining parcel 1 and
appraised the above described
NOW, THEREFORE, BE IT RESOLVED That the Otter Tail County Board of Commissioners hereby
certifies that the above described parcel of land as been viewed a_nd comply with the
provisions of Minnesota Statutes 85.012, 92.461, 282.01 Subd. 8 and 282.018 and other
Statutes that require the withholding of tax forfeited lands from private sale.
BE IT FURTHER RESOLVED That the Otter Tail County Board of Commissioners hereby request
approval from the Minnesota Department of Natural Resources for the private sale to
adjacent owners of the above described parcel.
Adopted this 25th day of April, 1995.
Dated: Otte T il Count ~'!;;,~of Commissioners
By .
William Stone1 Chairman AC,..Cfz,Jr:£
Larry Krohn, Clerk
• Otter Tail County Board of Commissioners
April 25, 1995
,•· Page 7
CLOSED TO THE PUBLIC
Qt 3:40 p.m., the Chairman declared a short recess with the meeting of the Otter Tail
aunty Board of Commissioners closed to the public at 3 :45 p.m. for the purpose of
discussing potential disciplinary matters pursuant to M.S. 471.705 Subd. ld{c).
ADJOURNMENT
At 5:00 p.m., Chairman Stone declared the meeting of the Otter Tail County Board of
Commissioners adjourned until 9:30 a.m. Tuesday, May 2, 1995.
Dated: 1715 OTTW,,IL :?UNTY BC,fjD ~OMMISSIONERS
By ~~
.,,,,~~
Larry Krohn, Clerk
William Stone, Chairman
CB/kd
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