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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 05/25/1988CALL TO ORDER ALL PRESENT MINUTES APPROVED QUADRANT CLOSING PHELPS MILL DAM STEP INCREASE DENNIS BEREND RIDING STABLE SIGNAGE BILL APPROVED GAMBLING PERMIT DEER CREEK LIONS MINUTES OF THE ADJOURNED f~EETING OF THE BOARD OF COUNTY COMMISSIONERS OTTER TAIL COUNTY MINNESOTA May 25, 1988 Pursuant to adjournment, the Board of County Commissioners of Otter Tail County Minnesota met Wednesday, May 25, 1988. Chairman Lind- quist called the meeting to order at 12:45 p.m., with all members present. · Motion was made by Mel 0. Olson, seconded by Hub Nordgren and unani- mously carried, to approve the minutes of the May 18th meeting as mai 1 ed. Mike Hanan, Solid Waste Officer, and Mike Kirk, County Attorney, discussed with the Board the possible closing of the Quadrant refuse burning facility, with Mike Kirk presenting the following alternatives: 1. Do nothing and see what happens. 2. Do nothing, but explore potential legal actions against Quadrant. 3. Consider assigning the contract Otter Tail County has with Quadrant to the joint powers board~ said action allowing a majority vote decision rather than the requirement that all counties ratify a change or amendment to contract. 4. Develop a firm proposal to Becker County to take some or all of that county~s solid waste for a one year period. of nego,tatiO~s with the understanding they leave the partnership. After much discussion, motion was made by Mel 0. Olson that Mr. Hanan be directed to inform Becker County that Otter Tail County will accept Becker County~s solid waste from and after June 1, 1988 through May 31, 1989, if they no ~1onger•·hav.e available in thetr .ooirnty a .HGetised landfill, with continuation of exploring options 3 & 4 as stated in Kirk's presentation. The motion was seconded by Bert Hovland and carried with Sydney Nelson and Hub Nordgren voting "no". County Engineer Dennis Berend reported that the Dam Safety Unit has reviewed the county~s application for grant funds for the permanent repair of the dam at Phelps Mill, stating they want a firm long term commitment on the part of the County indicating a public interest in the dam:., Motion was made by Mel 0. Olson, seconded by Hub Nordgren and unanimously carried, instructing Assistant County Attorney Wally Senyk to draft the necessary letter of commitment for review by the County Board. Motion was made by Sydney Nelson, seconded by Mel 0. Olson and unani- mously carried, to approve a step increase for Dennis Berend, County Engineer, as of his anniversary date, per policy. Motion was made by Hub Nordgren, seconded by Bert Hovland and unani- mously carried, to submit a request to the State Highway Department to place a directional sign for the riding stable located east of State Highway #78. Motion was made by Hub Nordgren, seconded by Bert Hovland and unani- mously carried, to approve payment in the amount of $408.48 to Active Micrographics, Inc., Edina, MN for negative toner cartridges, said bill having been presented in April, but not included in the commissioners bills in May. A gambling license application from the Deer Creek Lions Club for a gambling operation at Country Manor Restaurant, Compton Township, was presented to the Board with no objections voiced. ABATEMENTS PLAT APPROVED SMITH Is CORNER CONDITIONAL USE PERMITS INSTALLERS LICENSE CONDITIONAL USE PERMIT FAIR HILLS RESORT FIRE WOOD -VISION OBSTRUCTING FENCE County Board -2 -May 25, 1988 Motion was made by Bert Hovland, seconded by Sydney .Nelson and unani- mously carried, to approve the following applications for homestead classification and/or reduction of assessed valuation: Densel A. Arneson Lance Johnson Marvin Langseth Wayne Lehman Leslie G. Konley Dick Luhning Maurice Kneisl Gerald Nielsen Arnold Harthun Dora Property overvalued Dunn Property overvalued Girard Shbuld be seasonal classification Gorman Homestead classification Otter Tail T Property overvalued Otter Tail T Midyear homestead;.i.& remove user charge for 1987 mobile home removed Clitherall C No longer commercial, reduce user charge to residential Otter Tail C Seasonal & recreational Underwood Residential homestead Motion was made by Mel 0. Olson, seconded by Bert Hovland and unani- mously carried, to approve the final plat of Smith's Corner , located in Section 1-133-41. Upon motion made .by Hub Nordgren, seconded by Mel 0. Olson and unani- mously carried, the following applications for conditional use per- mit were approved, subject to conditional requirements: Richard Currier Dunn Fill low area John F. Rademacher Otter Tai 1 T Fil 1 1 ake 1 ot Bruce Bnaaten Dora T Build wildlife pondi David: Daitbs · Dor.an Fill recessed land Lloyd Schulz Hobart Grade & fill, remove trees & roots Joseph Frigaard Tumuli Install retaining wall, grade, Gilman Ress et Opa 1 Schumacher Dav id L. Ohman Burl Adams James L. Fick John Klvender Al Rieber Vernon Arntson Peli can T. Dunn Lida Dead Dora Edna Lida Dora Lake seed & sodd, as needed Fill low area Operate craft shop out of garage Slope lot Remove dirt and fill low area Level 1 ot Remove hilltop and slope lot Terrace lots, cut & fill Fill low area Motion was made by Sydney Nelson, seconded by Bert Hovland and unani- mously carried, to approve a·n application from Merle Hough, Hough Construction, Detroit Lakes, for sewage disposal installers license. The matter of the application for conditional use permit from Fair Hills Risort in Dunn Township, to· expand the resort operation to in- clude one building facility with 130 feet of' shoreline ~as .brought upfor final action. Motion was made by Bert Hovland, to reverse the recommendation bf the Planning Commission and deny the request, for the following reasons: l. Buffer zone not adequate. 2; 113 units on a 50 unit capacity area. 3. Increase lake traffic. 4. License currently held applies only to food handlers. 5. To alJ1ow would increase the use of lake by changing from residential to commercial. The motion was seconded by Hub Nordgren and carried upon the following roll-call vote: Yes: Commissioners Nelson, Nordgren and Hovland No: Commissioners Lindquist and Olson The findings of fact prepared by the County Attorney's office on file with the Commissioners Minutes in the County Auditor's Office. A picture of a pile of fire wood was presented to the Board for a determination as to ~hether or not it constituted a tision obstruc- ting fence. It was determined, upon general consent, a pile of wood placed in such a manner constituted a vision obstructing fence. STRONG BEER ORDINANCE HEARING STRONG BEER ORDINANCE ADOPTED FORGIVENESS OF PENALTY DENIED -PEARSON OPTICAL SCAN BALLOT COUNTER PUBLIC INFORMATION OFFICER/RECYCLING COORDINATOR TELEVISION, VCR & CAMERA PRELIMINARY PLATS WALKERS NORTH SHORE ACKERSON SUBDIVISION County Board -3 -May 25, 1988 A hearing scheduled for 2:00 p;m., on a proposed strong beer ordinance was held with Attorney Mike Kirk presenting opening statements. After lisiterii:ng::to .the various interested parties, with Tom Hanson, Larry Stewart, Paul Sneeba and Marvin Anderson speaking, Chairman Lindquist closed the hearing at 2:30 p.m .. Commissioner Nelison introduced the following ordinance and moved for its adoption: Pursuant to the authority granted by Minnesota Statutes 340.404, Subd. 5(b} the County Board of Otter Tail County ordains: Any holder of an on~sale wine license issued pursuant to Minnesota Statutes 340A.404, Subd. 5{a) who is also licensed to sell non-intoxicating malt liquors at on-sale pursuant to Minnesota Statutes 340A.411, and whose gross receipts are at least sixty percent (60¾) attributable to the sale of food, may sell intoxicating malt liquor at on-sale without an additional license. This ordinance shall be come effective immediately. Adopted at Fergus Falls, MN this 25th day of May, 1988. The motion was seconded by Mel 0. Olson and carried with Hub Nordgren voting 11 no 11 • Motion was made by Bert Hovland, seconded by Mel O. 01 son and u nani- mous ly carried, to deny a request for forgiveness of penalty for late payment of tax by Bruce Pearson, on the Kathryn Ann Pearson property in Dunn Township. The matter of optical scan ballot counting equipment was brought before the Board for final action, with reprtesentatives of the various voting precincts speaking. After consideration, motion was made by Me1 0. Olson to purchase an AIS Model 315 optical mark reader, at a cost of $48,500.00, plus ballot boxes and secrecy sleeves for each of the 92 ~oting precincts in the county, to be paid for by the county. The motion was seconded by Bert Bovland and carried upon the following roll-call vote: Yes: Commi'ssioners Hovland, Olson and Lindquist No: Commissioners Noridgren and Nelson Motion was made by Bert Hovland, seconded by Andy Lindquist and unani- mously carried, to authorize Mike Hanan, Solid Waste Officer, to ad- vertise for the position of Otter Tail County Public Information Officer/Recycling Coordinator, applications to be received no later than June 25, 1988, with all applicants to be screened by the Sol id Waste Committee, with a recommendation to the County Board, of three or four f i na lii s ts . The Board discussed the possibility of purchasing a television set with VCR and camera for the purpose of taping the areas or projects involved in applications to be presented to the Planning Commission and the Board of Adjustment, thus eliminating the need of the memt,ers viewing the properties in question. Motion was made by Sydney Nelson, seconded by Bert Hovland and unani- mously carried, to approve the preliminary plats of Walkers North Shore Add~n to be located in Section 5, Otter Tail Township, and Ackerson Subdivision, located in Part of G.L. 4, Section 20, Part of G.L. 1, Section 29, and part of G.L. 2, Section 28, all in Tumuli Township. SHERIFF DEPARTMENT COMPUTER, LOGGING RECORDER ADJOURNMENT C OU nty Boa rd -4 -May 25, 1988 Joe Peloquin, Sheriff~s Department, reported to the Board the computer terminal~with the State of ~innesota needs replacing. After consideration, motion was made by Mel 0. Olson, seconded by Andy Lindquist and unanimously carried, instructing Peloquin to check into costs for replacement, along with communication equipment and logging recorder. At 4:02 p.m., with noi'further business, Chairman Lindquist declared the meeting adjourned until 9:30 a.m., Wednesday, June 1, 1988. ATTEST: 4,,;~~ Clerk APPLICATION OF DAVID KALDAHL ON BEHALF OF FAIR HILLS, INC. FOR CONDITIONAL USE PERMIT TO CHANGE THE USE OF LOTS 40, 41 AND PART OF 42 OF MINNIE BARRIE ADDITION TO KILLARNEY BEACH ON PELICAN LAKE IN SECTION 4 OF DUNN TOWNSHIP OF OTTER TAIL COUNTY The Otter Tail County Board of Commissioners held a public hearing regarding the application for a conditional use permit of David Kaldahl on behalf of Fair Hills, Inc. on May 11, 1988. The Board received the recommendation of the Otter Tail County Planning Commission contained in the minutes of their meeting of May 4, 1988. After hearing comments of the applicant, his representatives, and representatives of those individuals opposed to the application, the Board of Commissioners continued the matter to allow board members to view the property in question. On May 25, 1988, the Board of Commissioners again considered the application. Following brief comment by representatives of the applicant and of those individuals opposed to the application, the Board voted, by a majority of three to two, to deny the application for a conditional use permit. This action is based upon the following findings: FINDINGS I. The applicant, Fair Hills, Jnt., is a corporation~ David H.'Kaldahl is its president. The corporation owns and operates Fair Hills Resort which is located ' on Lots 23 through 39 of Minnie Barrie Addition to Killarney Beach on Pelican Lake and on adjacent unplatted lands located north of Killarney Beach in Section 4 of Dunn Township of Otter Tail County. The corporation also owns adjacent land in Becker County, located across Highway #20. II. Killarney Beach and Minnie Barrie's Addition to Killarney Beach were platted in 1902 and 1907, respectively. Killarney Beach consists of 31 lots, numbered 1 to 31. Each lot is about 66 feet long along the north shore of Pelican Lake and 132 feet deep. Minnie Barrie's Addition to Killarney Beach consists of 55 lots, of which 1 to 31 are back lots or additions to Lots 1 to 31, increasing the depth of those lots by about 66 feet, so that the dimensions of lots in both plats are about 66 feet along the shore and about 200 feet in depth. A public street 33 feet wide is platted along the rear boundary of all 55 lots, but it is closed at or near the east and west boundaries of the resort. The subdivision of Sunlight Hills adjoins Lot 55 of Killarney Beach and extends to the east along the shore of the lake. These lots in Killarney Beach and Sunlight Hills are located in a bay or cove along the north shore of Pelican Lake. III. The main Fair Hills Resort consists of a three-story lakefront building with a snack bar, lounge, and a large meeting room, and other separate buildings housing a kitchen, a dining room or restaurant seating 250 persons, lodging in 94 units which vary in size from one to four bedrooms each, additional housing for the seasonal and other staff, and the Kaldahls' personal residence. The resort has approximately six tennis courts and a nine-hole golf course, in addition to its lakefront activities, an outdoor pool, an indoor recreation room, and other activities. There are approximately 70 separate buildings on the resort property. IV. Fair Hills, Inc. applies each year for a license for a food, beverage and lodging establishment to the Otter Tail County Department of Public Health, Division of Environmental Health. It indicated on the application that it operates a restaurant seating 250, and a resort with 94 units and 62 employees. -2- v. The shoreline of Pelican Lake has been extensively subdivided and developed for both seasonal and year around residences. It is due to its large size and character, its natural high water quality, its ·attractive, scenic setting in hilly, wooded terrain and the ease of access and proximity to a major population center in Fargo-Moorhead, as well as its proximity to other resort and recreational attractions in the Pelican Rapids to Detroit Lakes area. VI. Except for Lots 23 through 39 owned by Fair Hills, Inc. and operated as part of its resort before the effective date of the Otter Tail County Shoreland Management Ordinance, all of the lots in Killarney Beach and Minnie Barrie's Addition to Killarney Beach, and in Sunlight Hills Addition are zoned for use for residential purposes, i.e. single family homes, and not for any commercial purpose. VII. Lots 40, 41 and part of 42 of Minnie Barrie's Addition to Killarney Beach were held in common ownership prior to conveyance to Fair Hills, Inc.· on the subject property, as it will be. referred to in the balance of these findings, is -located a cabin forin_erly used .as a single-family residence, and a garage. VIII. The sewage treatment system servicing the subject property is adequate to handle six dwelling units. This system has been installed within the previous year, pursuant to Sewage System Permit #6684, issued to Fair Hills, Inc. IX. There are currently 135 parking spots at Fair Hills Resort. Additional parking spaces would be required on subject property to service any dwelling units on that-property. -3- x. Access to the subject property is currently made along the dedicated public road running behind the residential lots located to the east of the subject property. The use of this road by the tenants in six or more dwelling units on the subject property for vehicles and golf carts being driven from the nearby golf course creates a traffic hazard and noise problem for the neighboring residents. XI. The level of noise created by the proposed change in use will be increased over current noise from the subject property. An increase in the number of people regularly staying on the property will result in increased noise. XII. The location of buildings currently on the subject property allow for a buffer zone of 21.6 feet from the dwelling to the easterly lot line and five feet from the garage to that lot line. Even removal of the garage from the property will still provide only a 21.6 foot buffer zone. This is far less than the ordinance requirement of a 50 foot buffer zone for cluster developments and it is inadequate because of the high density of dwellings located along the shoreline of this resort. XIII. The commercial use of this property will not change the hours of operation of the resort business. These hours, with closing of facilities at 11:00 p.m., will not have a negative impact on the neighbors. XIV. No change in the lighting which existed at the time of the residential use is planned. This lighting is adequate for the use intended. -4- xv. Fa;r H;11s Resort ;s presently located on 2,618,131 square feet of property w;th 1,122 feet of lake frontage. The subject property would add 30,096 square feet of area and 132 feet of lake frontage. Apply;ng the m;n;mum standards of the current Otter Ta;1 County Shoreland Management Ord;nance for cluster developments on a general development lake, the area of the resort would accommodate 198.6 dwe11;ng un;ts. The lake frontage is adequate for 50 dwe11;ng units. There are 105 dwe11;ng un;ts currently on the resort. With the add;t;on of the subject property, that number would ;ncrease to 113 dwelling un;ts. Th;s is too large a dev;at;on from the 50 un;ts allowed by the ord;nance for 1,254 feet of lake frontage to allow th;s expans;on of the resort. XVI. Although Fa;r H;11s Resort ;s 1;censed by the Otter Ta;1 County Health Department for 94 rental un;ts, the requ;rements for this 1;cense d;ffer from those of the Otter Ta;1 County Shoreland Management Ord;nance. The Health Department ;s pr;mar;ly concerned w;th ma;nta;n;ng the env;ronmental health of the resort and ;ts food serv;ce operation, w;thout spec;fic regard to the impact on the lake and the shoreland area. XVII. The environmental ;mpact of the proposed change ;n use w;11 be negat;ve due to the ;ncrease ;n the dens;ty of use of th;s area of lakeshore. XVIII. The change ;n use of the subject property ;snot compat;ble w;th the surround;ng area because th;s resort ;s located among res;dent;a1 propert;es. The resort ;s already a non-confonn;ng use because ;t ;s more densely populated than the Shoreland Management Ord;nance would allow on th;s length of lake frontage. Any expans;on of th;s non-confonn;ng use would have a further -5- negative impact on the enjoyment and value of the neighboring residential properties. XIX. The crowding potential for Pelican Lake, as defined by the Shoreland Management Ordinance, is 67 on a scale of 1 to 100. xx . . This proposed ,change in use will· significantly increase the de"nsity If use of the subject property, changing jt from a single dwelling to eight dwelling : .. · . units, as proposed, 'or six units as appro·ved by the .Planning Commission. XXI. There was no change in the natural topography proposed in conjunction with this change in use. If the Planning Commission's recommendations were a1opted, there would be a change in topography and the loss of several pine trees to allow vehicular access to the property from the existing resort. XXII. The concern of neighboring landowners that the resort will continue to expand along the shoreline by purchasing additional residences was carefLlly noted by this board. Those concerns can only be addressed by this board as any additional properties are proposed for a change in use from residential to commercial. The board has no authority to restrict private landowners f~om . . I selling their residential property to Fair Hills, Inc., nor to restrict Fair I Hills from purchasing such property. Any changes in use or other alterations requiring conditional use permits must come before the Otter Tail County Planning Commission and this board for approval. OTTER TAIL' C/:BOARD OF COMMISSIONERS By<Jhl& ~ -6-