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Minutes of the
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Commiesioners1 Room1 Floor 1-B
Otter Tail County Courthouse
Tuesday, June 13, 1995
1:00 p.m.
CALL TO ORDER
The Otter Tail County Board of Commissioners convened Tuesday, June 13, 1995, at
1:00 p.m. at the Otter Tail County Courthouse with Commissioners Bill Stone, Chairman;
Harley Windels, Malcolm Lee, and Virginia Partmann present. Commissioner Lindquist was
absent.
APPROVAL OF MINUTES
Motion by Partmann, seconded Lee and unanimously carried to approve the minutes of
June 6, 1995, as submitted.
RUNESTONE FESTIVAL EVENT, JUNE 17, 1995
Runestone Amphitheatre Owner, Dennis Anderson and Operations Director, Toni McCarten
discussed the one-day Kenny Rogers Festival Event scheduled June 17 , 1995. County
Attorney, Wally Senyk, determined that an Exhibitions & Shows License application was
not necessary for this one-day event as the event is not planned to continue over twelve
hours and there is no camping allowed for this concert. Mr. Anderson has requested six
officers for ten hours from the Sheriff's Department. Motion by Partmann, seconded
Windels and unanimously carried to recognize that an Exhibitions and Shows Ordinance
license is not required and after the event and upon billing, the cost accrued by the
Sheriff's Department and any other county costs relative to this event will be payable
by the Runestone Amphitheatre organization.
EMERGENCY PLAN FOR SPECIAL EVENTS
Safety and Emergency Services Director, Tim Hunt, presented an Emergency Plan for the
Runestone Festival which identifies action to be taken in the event of an emergency.
This draft Emergency Plan will be used as a prototype plan for other similar events.
EMERGENCY PLAN AMENDMENT TO THE EXHIBITIONS AND SHOWS ORDINANCE
OTTER TAIL COUNTY RESOLUTION #95-35
Upon a motion by Lee, seconded Partmann and unanimously carried, the Otter Tail County
Board of Commissioners adopted the following resolution:
WHEREAS, the Otter Tail County Board of Commissioners find the following facts in
support of this resolution:
1. The otter Tail County Board published a Notice of Intention to Enact Amendments to
the County Exhibitions and Shows Ordinance, at their meeting on June 6, 1995, in
accordance with the requirements of Minnesota Statutes 375.51.
2. On May 24, 1995, the Otter Tail County Planning Commission held a public meeting o~
the proposed amendments and received no public comment.
On June 6, 1995, the County Board of Commissioners voted to adopt an amendment to
the Exhibitions and Shows Ordinance, as recommended.by the County Planning
Commission, to be effective on June 12, 1995.
Otter Tail County Board of Commissioners
June 13, 1995
Page 2
4. On June 13, 1995, prior to the publication of the amended ordinance, the County
Board was asked to add a further amendment to the Exhibitions and Shows Ordinance
in order to provide for appropriate emergency planning for exhibitions and shows.
5. There was no interest or concern expressed regarding the proposed amendment to the
Exhibitions and Shows Ordinance, this request for amendment was raised prior to the
public meeting and this requirement of emergency planning is clearly in the public
interest.
NOW, THEREFORE, BE IT RESOLVED that the Otter Tail County Board of Commissioners hereby
approves the following language as an amendment to the County Exhibitions and Shows
Ordinance.
IV.C.10. An emergency plan approved by the County Director of Safety and Emergency
Services and the County Sheriff.
BE IT FURTHER RESOLVED that these language changes shall be made immediately, to be
available prior to the publication of a summary of the ordinance along with the minutes
of the meeting of June 6, 1995.
Adopted this 13th day of June, 1995.
Dated: 0 ,...,,,, , do_. /9o/s OTT~~ TA~L COUN~ BO~OMMISSIONERS
By w d0--c-,r<) /
~~ 0 i:arry;ohn, Clerk
William Stone, Chairman
MINNESOTA RIVER CLEAN-UP PROJECT
Commissioner Lee delayed discussion of the Minnesota River Clean-Up Project for one
week.
PLANNING COMMISSION RECOMMENDATIONS
Motion by Windels, seconded Partmann and carried, with amendment by Partmann, to approve
all Conditional Use Applications with conditions as recommended by the Planning
Commission except the application of Lee Roberts. The motion was amended to table the
Conditional Use Application of Lee Roberts for one week and directed Commissioner
Windels to view the property and report back at the next regular Board meeting.
Conditional Use Applications:
Francis Peasley/Thomas McDonald, Long Lake
Richard A. Rasmusson, Pine Lake
Karen R. Zell, Otter Tail Lake
LeRoy Limmer, Rush Lake
Kenwood Kolle, Belmont Lake
Joseph Scowcroft Jr./Marvin Warren, Loon Lake
Linda M. Goepferd/Rebbecca L. Stigen, Red River Lake
Bradley P. Klimp, Eagle Lake
Dennis w. McLeod, Otter Tail Lake
Ottertail Beach Club Resort, Otter Tail Lake
Lida Township, c/o Jean Satter, Clerk, Rush, Lizzie, Franklin, and Crystal Lakes
MN. Conf. Assn. of Seventh Day Adventists, Unnamed Lake
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Otter Tail County Board of Commissioners
June 13, 1995
Page 3
Ira Master Busker Trust/Donald D. Busker, Silver and Murphy Lakes
James Drechsel, Jewett Lake
Motion by Windels, seconded Partmann and unanimously carried to deny the first portion
of the request of Douglas Lorentz, Lake Lida, (Conditional Use Application) and approve
the second portion of the request as recommended by the Planning Commission.
Subdividing of Land:
Motion by Lee, seconded Windels and unanimously carried to approve the Subdividing of
Land Applications as follows:
Preliminary Plat:
Donald D. Busker, Silver and Murphy Lakes
Alta S. Mandt, c/o Sherman Mandt
Motion by Lee, seconded Partmann and unanimously carried to approve the Preliminary Plat
application of James Drechsel, Jewett Lake.
APPROVAL OF FINAL PLAT -PINE LAKE SHORES
Motion by Windels, seconded Lee and unanimously carried to approve the Final Plat of
Marie Malikowski Estate, Pine Lake Shores (Section 35, Township 137N, Range 39W, Gorman
Township).
GROUND WATER TESTING
Land & Resource Director, Bill Kalar, discussed the options available to test the
quality of ground/well water. Lengthy discussion took place. Motion by Lee, seconded
Windels and unanimously carried to authorize the Land & Resource Director to use the
data available to compile ground water testing information to keep track of any trends
that may occur over time and investigate water quality based on these trends.
WASTE EDUCATION GRANT AGREEMENT
Motion by Fortmann, seconded Windels and unanimously carried to authorize the Chair's
signature on the Waste Eduction Grant Agreement between Otter Tail County and the State
of Minnesota.
CLARIFICATION OF THE SUBDIVISION CONTROLS ORDINANCE
OTTER TAIL COUNTY RESOLUTION #95-36
Upon motion by Lee, seconded Fortmann and unanimously carried, the Otter Tail County
Board of Commissioners adopted the following resolution:
WHEREAS, the Otter Tail County Board of Commissioners find the following facts in
support of this resolution:
1. The Otter Tail County Board published a Notice of Intention to Enact Amendments
to the County Subdivision Controls Ordinance, at their meeting on June 6, 1995, in
accordance with the requirements of Minnesota Statutes 375.51.
2. On May 24, 1995, the Otter Tail County Planning Commission held a public
meeting on the proposed amendments and received public comment.
3. On June 6, 1995, the County Board of Commissioners voted to adopt the
Subdivision Controls Ordinance, as recommended by the County Planning Commission,
to be effective on June 12, 1995.
Otter Tail County Board of Commissioners
June 13, 1995
Page 4
4. On June 13, 1995, prior to the publication of the amended ordinance, the County
Board was asked to clarify the language of certain amendments to the Subdivision
Controls Ordinance, in order to correct errors and to clarify responsibility for
enforcement.
NOW, THEREFORE, BE IT RESOLVED that the Otter Tail County Board of Commissioners hereby
approves the following language for the amended sections of the Subdivision Controls
Ordinance, adopted on June 6, 1995.
I.6.B. If a parcel can be described as a rectangular portion of a parcel of the
government rectangular survey system, a surveyor's drawing will not be required.
III.2.A. and B.
2. Preliminary Plat:
A. Submission of Plat:
The subdivider shall submit to the Administrative Officer twenty-two (22) copies
of a preliminary plat of his proposed subdivision, the requirements of which are set
forth in this Ordinance. Any application for a Conditional Use Permit to authorize road
construction on the platted property shall also be filed at the same time. They shall
be filed at least thirty (30) days prior to a regularly scheduled Planning Commission
meeting and shall be accompanied by the fees set forth in the Fee Schedule.
B. Notice Procedure:
At least twenty-seven (27) days prior to the public hearing on the preliminary
plat, the Administrative Officer shall submit one (1) copy of the preliminary plat to
the governing bodies of any city, the incorporated limits of which lie within two (2)
miles of the proposed subdivision, and to each town board of the Township wherein the
subdivision is proposed. In addition one (1) copy shall be retained by the
Administrative Officer and one (1) copy submitted to each of the following: the County
Attorney, County Assessor, County Auditor, County Engineer, County Treasurer, County
Planning Commission Members, appropriate Otter Tail Soil and Water Conservation
Districts, Army Corps of Engineers and each public utility providing electric, gas and
telephone service. Notice of the public hearing at which the Planning Commission will
consider the preliminary plat shall be made by the Administrative Officer pursuant to
Minnesota Statutes 394.26. The owner or subdivider shall also be notified as to the
time and place of the public hearing.
VII. METES AND BOUNDS STANDARDS
No subdivision of real property in which the divided tract is described by metes and
bounds shall be permitted, unless all tracts meet the following standards and comply
with all other state and local regulations:
1. Each lot, located in the Shoreland Area or containing a wetland area must be a
minimum of five acres in size; and all other lots must be a minimum of 2.5 acres in
size.
2. Certification of township approved public road access.
3. Sufficient suitable area for the installation of two (2) standard onsite sewage
treatment systems.
4. A registered surveyor's drawing accompanies the document creating the
subdivision for recording, as required by Section I.4.D., above.
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Otter Tail County Board of Commissioners
June 13, 1995
Page 5
5. The surveyor's drawing contains the following form for signature by the
property owner: I hereby certify that the subdivided property described in this
survey meets the county requirements for public road access and sewage treatment
systems.
BE IT FURTHER RESOLVED that these language changes shall be made immediately, to be
available prior to the publication of a summary of the ordinance along with the minutes
of the meeting of June 6, 1995.
Adopted this 13th day of June, 1995.
Dated: COMMISSIONERS
DEDUCTIBLE PAYMENT APPROVED-CLAIM #3788
Motion by Partmann, seconded Lee and unanimously carried, to approve payment to the
Minnesota Counties Insurance Trust, in the amount of $2,500, for the deductible on claim
#3788.
RESOLUTION AUTHORIZING APPLICATION FOR MFHA REHABILITATION LOAN PROGRAM FUNDS
OTTER TAIL COUNTY RESOLUTION #95-37
Upon a motion by Lee,
resolution was adopted:
seconded Partmann and unanimously carried, the following
WHEREAS, the Minnesota Housing Finance Agency, State of Minnesota, has been authorized
to undertake a program to provide loans to property owners for the purpose of housing
rehabilitation; and
WHEREAS, Fergus Falls Housing and Redevelopment Authority has developed an application
as an Administering Entity for the Minnesota Housing Finance Agency Rehabilitation Loan
Programs; and
WHEREAS, Fergus Falls Housing and Redevelopment Authority has demonstrated the ability
to perform the required activities of the Minnesota Housing Finance Agency
Rehabilitation Loan Programs;
NOW, THEREFORE, BE IT RESOLVED, that Fergus Falls Housing and Redevelopment Authority is
hereby authorized as an entity to be charged with the administration of funds made
available through the Minnesota Housing Finance Agency Rehabilitation Loan Programs in
the County of Otter Tail.
Adopted this 13th day of June, 1995.
Dated: g, 1/IOR l Jo ['l'f,5 '
CJ,~~
LMcyrohn, Clerk
Ott::ail C~unt~dof Commissioners
By ~f2t1&r1;, ~ f /
William Stone, Chairman
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Otter Tail County Board of Commissioners
June 13, 1995
Page 6
LIQUOR LICENSES
Motion by Lee, seconded Windels and unanimously carried to approve the following
application for licenses:
Hamburger Hollow
Mary J. Wallace
New York Mills, MN
Lenny's Cafe and Dance Barn
Leonard A. Lund
Thelma Ard
Underwood, MN
On-Sale Non-Intoxicating Malt Liquor
License
On/Off-Sale Non-Intoxicating Malt
Liquor License
Collins Landing Off-Sale Non-Intoxicating Malt Liquor
Jodie Collins License
Dent, MN
Subject to the approval of the County Attorney's Office.
Zorbaz on Otter Tail
Thomas W. Hanson
Battle Lake, MN
On/Off-Sale Non-Intoxicating Malt
Liquor License and an On-Sale Wine
License
Subject to the approval of the County
required forms.
Attorney's Office and to the submission of the
No. 1093 On-Sale Non-Intoxicating Malt Liquor B.P. 0. Elks Lodge
Fergus Falls, MN
Subject to the approval
License
of the County Attorney's Office.
Woodland Beach Resort
Eugene B. Floersch, Jr.
Denise Floersch
Battle Lake, MN
On/Off Sale Non-Intoxicating Malt
Liquor License
Subject to the approval of the County Attorney's Office.
Koeps' Off-Sale Non-Intoxicating Malt Liquor
Joe and Eileen Koep License
Clitherall, MN
Subject to the approval of the County Attorney's Office.
Ye Olde School House
Gail and Raymond Suko
Erhard, MN
On/Off-Sale Non-Intoxicating Malt
Liquor License
Subject to the approval of the County Attorney's Office and the County Sheriff's Office.
Hi-Way Park Ballroom
Thomas or Alice Volberding
On/Off-Sale Non-Intoxicating Malt
License
Henning, MN
Subject to the approval of the County Attorney's Office and the County Sheriff's Office
Graystone Lodge
Karen R. Zell
Battle Lake, MN
Subject to the submission of all necessary forms.
Ethel Beach Resort
Allen Chase
Battle Lake, MN
Subject to the approval of the County Attorney's
required forms.
Liquor License, Sunday Liquor License
and Off-Sale Non-Intoxicating Malt
Liquor License
Consumption and Display (Set-up)
Permit, On/Off-Sale Non-Intoxicating
Liquor License, On-Sale Wine License
Office and to the submission of all the
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Otter Tail County Board of Commissioners
June 13, 1995
Page 7
BOARD OP EQUALIZATION SCHEDULE
Auditor,' Wayne Stein, read a letter from the Dead Lake Association Resort Owners
requesting that they receive a time on the Board of Equalization schedule for a group
meeting. The Board directed the Auditor to respond that anyone signing that letter who
had made timely review to the Town Board, as is required by policy, may schedule a time
at the June 19, 1995, Board of Equalization meeting to discuss their specific concern.
The Resort Owners who have not followed the proper procedure cannot schedule a time at
the Board of Equalization meeting, however, they are welcome to address Board members at
a regular County Board meeting.
SALE OP TAX FORFEITED PARCEL IN PARKERS PRAIRIE
Motion by Partmann, seconded Windels and unanimously carried to set Monday, July 17th,
1995, at 10:30 a.m. in the County Auditor's Office as the date, time and place for the
private sale to adjacent owners the following described tax forfeited parcel:
75-000-99-0195-000
Lakeview Addition
Lot 14, Block 23
TAX FORFEITED PROPERTY LEASE REQUEST
County Auditor, Wayne Stein, informed the Board of a request by Joel Atwater to lease a
parcel of tax forfeited property described as follows:
Section 30, Township 132, Range 42 2.06 acres
South 333' of East 270' of West 345.5' of Wl/2 SWl/4.
Motion by Lee, seconded Partmann and unanimously carried to deny the above lease request
because of the environmental concerns with the property.
FORGIVENESS OP PENALTY AND INTEREST
The County Auditor informed the Board of a request for the abatement of penalty and
interest by Robin Hanson of Hanson's Plumbing and Heating, Inc. The total tax, penalty
and interest due as of June 30th, 1995, is $8,287.35. The total amount of penalty and
interest eligible for abatement is $1,026.60.
Motion by Lee, seconded Windels and unanimously carried to allow a 60\ abatement for
forgiveness of penalty and interest, in the amount of $615.96, because of an incorrect
address due to missing a recorded transfer.
BREAK AND RECONVENE
At 3:45 p.m., Chairman Stone declared the meeting of the Otter Tail County Board of
Commissioners recessed for a five minute break. The Board reconvened at 3:50 p.m.
1995 ASSESSMENT UPDATE
COUNTY AND STATE BOARD OP EQUALIZATION
Assessor, Bob Moe, provided Board members with tax assessment/classification handouts as
well as a County Board of Equalization Duties handout. Discussion included median sales
ratios, state mandated increases in certain property values and the upcoming Board of
Equalization meeting.
BID OPENING DATE SET
Motion by Windels, seconded Partmann and unanimously carried to set the bid opening date
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Otter Tail County Board of Commissioners
June 13, 1995
Page 8
for the purchase of four snowplow trucks on July 25, 1995, at 1 p.m.
APPROVAL OF FINAL PAYMENT -HIGHWAY SIGNING MATERIALS
Motion by Windels, seconded Partmann and unanimously carried to approve final payment to
Newman Signs, in the amount of $1,970.25, for 1995 Highway Signing Materials per
Purchase Order No. 55586.
APPROVAL OF FINAL PAYMENT -SEASONAL CULVERT SUPPLIES
Motion by Partmann, seconded Windels and unanimously carried to approve final payment to
Fargo Culvert Company, in the amount of $17,243.60, for Seasonal Culvert Supplies per
Purchase Order No. 55587.
PRELIMINARY ENGINEERING SERVICES -CITY OF DEER CREEK
County Engineer, Rick West, reported receipt of a letter from the City of Deer Creek
informing the Engineer that the City of Deer Creek was not intending to pay for
preliminary engineering that county personnel had performed at their request. The
amount of the bill for services rendered was $79.16. The Board directed West to write a
letter to the City of Deer Creek to document the county's desire that they not request
the county's engineering services in the future.
APPROVAL OF ADDITIONAL GIS WORK
Motion by Partmann, seconded Lee and unanimously carried to approve additional payment
to Horizons, Inc, Rapid City, SD, for services performed relative to the Otter Tail
County GIS pilot project as follows:
Additional Mapping of Road and Driveway Centerline
Deduct -Mylar Transparencies Not Completed at This Time
Net Increase
BID AWARD -PERHAM BUILDING
$1,100
-900
200
Motion by Lee, seconded Partmann and unanimously carried to accept the high bid of
Michael A. Parta, in the amount of $86,025, for the property located at Lot 2 of
Block 21, Perham, MN, as recommended by the County Coordinator.
PERFORMANCE RBVIBW SUMMARY -COURT SERVICES DIRECTOR
Motion by Windels, seconded Partmann and unanimously carried to approve the positive
performance review summary of Court Services Director, Charles Kitzman, as submitted.
ADJOURNMBNT
At 4:27 p.m., Chairman Stone declared the meeting of the Otter Tail County Board of
Commissioners adjourned until 1:00 p.m. Tuesday, June 20, 1995.
Dated: OF COMMISSIONERS
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