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Otter Tail CountvDISPOSITIONDate/Tiae0-12390/1815 CITATION BULLETIN Page 1
Non-Confidentiai Traffic and Criainal Cases CONVICTIONSCONVICTIONSOttertail Cnty. Sheriff =====z=====:=:
Of. Date: 09/13/88 Case «: T9-89-004025 Cit. #: T989QQ4025 Badge »: KALAR Count; 0001 Offense: ilisdeaeanr/GRADING & FILLING SHOREL Stat.: IV.2A &VI7B
Date; 01/22/90
mi|^||||y||0 Sentenced on 01/22/90 by Judge Thoaas P. Schroeder
FEB 0 2 19W
TERRY BENNETT, [GRADING & FILLING IN SHORELINE ROUTE 1, BOX 103 VERGAS, MN 56587
Birthdate:Disposition; Convicted Plea: Not Guilty
Fined t 300.00 Restitution $Jail/Prison: Stayed 30 days for 1 yrs.Unsupervised Probation for 1 yrs,CONDS OF STAY: PAY FINE, NO SHORELAND VIOLS, REMOVE NO ADDL MATERIAL U/O PERMIT, COOPERATE W/SHORELAND HGT.
Stayed $Pub. Defender $Surcharge $ 30.00Court Costs $5.00
umoliONKe
Date/Tiae012290/1831 Otter Tail County DISPOSITIONCITATION BULLETIN Page 1
Non-Confidential Traffic and Criainal CasesCONVICTIONS CONVICTIONSOttertail Cnty Sheriff
TERRY BENNETT, CGRftDINP * ”LLIN6 IN SHORELINE ROUTE 1, BOX 10'4|#^^
i/ •Clf
Of. Date; 09/13/88 Case «: T9-89-004025 Cit. #: T989004025 Badge #: KALhR Count: 0001 Offense: Hisdeaeanr/GRADING 4 FILLING SHOREL Stat.: 10.2A 40176
Plea: Guilty
OERGAS, HN 5650/Disposition: Guilty Date: 01/22/90S irthdate:Sentenced on 01/22/90 by Judge Thoaas P. Schroeder Counts: 1 Fined $ 300.00 Restitution $Stayed $Pub. Defender $
Surcharge I 30.00
Court Costs $ 5.00
Court Administration
County of Otter Tail - Seventh Judicial District
P.O. Box 417
Fergus Falls, Minnesota 56537
0, I
Kenyon E. Rudd
Court Administrator
(Jury Commissioner)
218-739-2271
Virginia A Rustad
Chief [deputy
(Probate Registrar)
Decanber 19, 1989
Terry Bennett
Bex 103
Verges, MN 56587
State of Minnesota vs Terry Bennett
(Grading and Filling in a Shoreland Area Without a Permit)
RE:
Dear Mr. Bennett:
Ple^ase find enclosed a copy of the Court's Order, dated December 14, 1989,
regarding the above mentioned matter. You will be notified by mail of
the late ard time for Sentencing.
If you have any questions, feel free to contact me.
Siiicj
JAN2 iW'
4AND&RES0URQE
at ^
Ka tny
Deputy Court Administrator
Wally Senyk, CoLinty Attorneycc:
IN DISTRICT COURTSTATE OF MINNESOTA
SEVENTH JUDICIAL DISTRICTCOUNTY OF OTTER TAIL
State of Minnesota,
Plaintiff,
)
)
ORDER
vs .Court File No. T9-89-4025)
Terry Bennett,
Delendant.)
1
The above-entitled matter came on for court trial before the
Honorable Thomas P. Schroeder, Judge of the District Court, on
the 19th day of September, 1989.
Waldemar B. Senyk, Esq., Assistant Otter Tail County
Attorney, Fergus Falls, Minnesota, appeared on behalf of the
Plaintiff, the State.
se, having waived his right to be represented by attorney.
The Defendant, Terry Bennett, appeared pro
All of the evidence was presented in stipulated form,
including exhibits of diagrams and photographs. Based upon the
same, the Court enters its verdict as follows:,
THAT the Defendant is GUILTY of the charge of grading and
filling in a shoreline area without a permit, same in violation
of Otter Tail County Shoreland Management Ordinance IV.2.a.,and
VI . 7 . b .
This_matter shall hereby be scheduled for a sentencing
ri e a r i n g .
/ y day of December,1989 .Dated Cuis
Judge of District Court
f ^
Department of
LAND & RESOURCE MANAGEMENT
COUNTY OF OTTER TAIL
Phone 218-739-2271
Court House
Fergus Falls, Minnesota 56537
MALCOLM K. LEE, Administrator
VIOLATION REPORT
Wally Senyk
Asst. County Attorney
TO:
Bill Kalar
Asst. Administrator
FROM;
DATE: July 17. 1989
Violation #914 issued to Terry Bennett on Rose Lake (56-360).
On September 13. 1988, Tim Griep (Inspector)conducted an onsite inspection
of Mr. Bennett's property. Mr. Griep was onsite since we had learned that a
portion of the ice ridge on Mr. Bennett's property had been removed (see
photograph dated September 13. 1988).
RE
On October 5, 1988, I made an onsite inspection of this property. The
purpose of my inspection was to determine whether or not the shower house
for Mr. Bennett's campground was constructed in compliance with Site Permit
#8871. This inspection revealed that the shower house was properly located,
however. Site Permit #8871 permitted a 16' X 18' structure whereas a 14' X
22' structure was constructed.
While onsite, I viewed the ice ridge cut which had been made (please note
that there was not a Conditional Use Permit for this earthmoving project on
file). The disturbed area measured 21' X 81' with a maximum depth of cut
estimated to be 3'.
Mr. Griep returned to this property on October 6, 1989 in order to
photograph the area (I did not have a camera on the previous day).
On October 10, 1988. I issued Violation #914 (copy enclosed) to Mr. Bennett
which resulted in a telephone conversation on October 13, 1988, between Mr.
Bennett and myself.
SHORELAND MANAGEMENTORDINANCE - DIVISION OF EMERGENCY SERVICE - SUBDIVISION CONTROL ORDINANCE
SOLID WASTE ORDINANCE
SEWAGE SYSTEM CLEANERS ORDINANCE - RECORDER, OTTER TAIL COUNTY PLANNING ADVISORY COMMISSION
RIGHT-OF-WAY SETBACK ORDINANCE FUEL AND ENERGY COORDINATION
•V-,'
During our telephone conversation, Mr. Bennett indicated that he was given
permission to remove the ice ridge by Bert Hovland (County Commissioner). I
told him that no further ice ridge removal could be done at this time. I
also told him I would speak to Mr. Hovland regarding this matter.
On October 17, 1988, I spoke with Mr. Hovland regarding this matter. I
showed him the photographs Mr. Griep took of the area. Mr. Hovland.
indicated that he had talked with Mr. Bennett and that he may have given
approval for part (not all) of the earthmoving which was done.
Specifically, Mr. Hovland apparently indicated to Mr. Bennett that whatever
he could do by hand (shovel and wheel barrow) did not require a Conditional
Use Permit.
On October 25. 1988, I met with Mr. Bennett onsite regarding the ice ridge
cut and his resort septic system (Sewage System Permit #7836). At the time,
I indicated the following (see copy of my letter to Bennett).
Temporary erosion control measures, such as straw bales, must be
established immediately.
In the spring of 1989. a more permanent means of erosion control,
such as a berm, must be established.
1.
2.
No further removal of the ice ridge occurs without a valid
Conditional Use Permit from Otter Tail County.
3.
On June 26, 1989, I inspected this property in order to determine whether or
not the area had been stabilized as required. This inspection revealed the
following.
1. The cut edge of the remaining ice ridge remained exposed.
2. The area east of the remaining ice ridge had been seeded: and ,thegrass was growing. - ’
3. A berm had not been constructed.
As a result of my inspection, I sent Mr. Bennett a letter dated July 3, 1989
(copy enclosed) which requested him to contact me so that this matter can be
resolved.
Mr. Bennett then contacted me (telephone). We proceeded to discuss this
matter. It was decided that an onsite meeting would be a more appropriate
way to handle this matter. Mr. Bennett was therefore to contact me later in
the week to set-up an onsite meeting.
Mr. Bennett later contacted me (telephone). He informed me that the exposed
area of the cut had been sloped and seeded.
;
Since this was the case, on July 11. 1989 I made an onsite inspection of Mr.
Bennett's property. This inspection revealed that the cut area had in fact
been sloped (approximately 2 to 1) and seeded (see photograph dated July 11.
1989) . It also revealed that a berm had not been established (please note
that due to the grass cover and level topography, construction of a berm may
cause more of a problem then it will solve).
If you have any questions regarding this matter, please contact our office. .
mgb
Department of
LAND & RESOURCE MANAGEMENT
COUNTY OF OTTER TAIL
Phone 218-739-2271
Court House
Fergus Falls, Minnesota 66S37
MALCOLM K. LEE, Adminiitrator
November 2, 1988
Terry Beonet
Box 103
Verges. NN 56387
RE: Property on Rose Lake (56-360).
Dear Mr. Bennett
On October 25. 1988 an onalte Inspection of your property was made by our
office. This Inspection revealed that your drainfield had been constructed
.too close (less than the 3* required separation) to the groundwater table.
A follow-up inspection on October 26. 1988 revealed that this problem has
been corrected which means that this matter has been resolved.
We also discussed (on October 25. 1988) the partial removal of your ice
ridge for which Violation #914 has been issued. As I indicated, this Blatter
has been temporarily set aside and will remain as such as long as you comply
with the following conditions.
1. Temporary erosion control measures, such as straw bales. lauat^be
established.-i
2. In the spring of 1989. a more permanent means of erosion control such as a berm, must be established. *
No further removal of the ice ridge occurs without a valid
Conditional Use Permit from Otter Tail County.
3.
If you have any questions regarding this matter, please contact our office.
Sincerely.
Bill Kalar
Asst. Administrator
mgb
SHORELAND MANAGEMENT ORDINANCE - DIVISION OF EMERGENCY SERVICE - SUBDIVISION CONTROL ORDINANCE
RIGHT-OF-WAY SETBACK ORDINANCE - FUEL AND ENERGY COORDINATIONSOLID WASTE ORDINANCE
SEWAGE SYSTEM CLEANERS ORDINANCE - RECORDER, OTTER TAIL COUNTY PLANNING ADVISORY COMMISSION
Department of
LAND & RESOURCE MANAGEMENT
COUNTY OF OTTER TAIL
Phone 218-739-2271
Court House
Fergus Falli, Minnesota 56537
MALCOLM K. L6E, Adtninittrator
July 3, 1989
Terry Bennett
Box 103
Verges, MN 56587
RE: Violation #914, Rose Lake (56-360)
Dear Mr. Bennett,
As of today's date. Violation #914 (removal of Ice ridge
without a Conditional Use Permit) remains unresolved.
Since this Is the case, please contact me on or before
July 12, 1989 so that this matter can be resolved.
Sincerely,
Bill Kalar
Asst. Administrator
mis
SHORELAND MANAGEMENT ORDINANCE - DIVISION OF EMERGENCY SERVICE - SUBDIVISION CONTROL ORDINANCE
SOLID WASTE ORDINANCE - RIGHT-OF-WAY SETBACK ORDINANCE - FUEL AND ENERGY COORDINATION
SEWAGE SYSTEM CLEANERS ORDINANCE - RECORDER, OTTER TAIL COUNTY PLANNING ADVISORY COMMISSION
Form No. 5070 business records corpor*'nplamt Summonn for Mi^dPTru^nnor Ppttv MiwHrm»»Mn«»rShe**! 1MINNESOTA
CP FORM 2.01 L. F.
DISTRICT COURTSTATE OF MINNESOTA
COMPLAINT-SUMMONSOTTF.R TAILCOUNTY OF
FOR
MISDEMEANOR
State of Minnesota Plaintiff,
Court File Nn.~C? 5^vs.
CountyTERRY BENNETT Attorney File No.Defendant.
Box 103
Vergus, MN 56587 COMPLAINT
The Complainant being duly sworn, makes complaint to the above-named Court and states that there is
probable cause to believe that the above-named Defendant committed the offense described below. The
Complainant states that the following facts establish PROBABLE CAUSE:
Conplainantj William Kalar/ is a duly acting and appointed Assistant Administrator
for the Otter Tail County Department of Land & Resource Management/ who
investigate and received information regarding the below-described offense. On
September 13/ 1988/ Inspector Tim Griep of complainant's department visited
property owned by TERRY BENNETT, hereinafter referred to as the defendant, in
response to a report that a portion of the ice ridge on that property had been
removed. He confirmed that the report was accurate and photographed the scene. On
October 5, 1988, complainant went to the defendant's property to inspect the
location of a newly constructed shower house for the canpground the defendant
operated there. Complainant found that the shower house was properly located,
however, a larger structure was built than had been permitted. Complainant also
viewed the grading that had been done in removing a portion of the ice ridge. He
measured an area of 21' x 81' frc*n which earth had been moved to a maximum depth of
Complainant also had determined that there was no conditional use permit
issued to the defendant for this grading project on his property. On October 13,
1988, complainant spoke with the defendant by telephone. The defendant admitted
that he had removed the portion of the ice ridge but claimed that he had been given
permission by County Commissioner, Bert Hovland. Complainant checked with Hovland
and learned that the defendant had been told only that he did not need a
conditional use permit for work that could be done by hand with a shovel and
wheelbarrow. However, it was clear to corrplainant and Tim Griep that some sort of
earth moving equipnent, such as a small bobcat, had been used in the removal of the
ice ridge. The tracks were still visible in the sand.
3'.
^ f '''Os 1383iANO
Korm No. *5070 business recoposcopporat>qn m>nnesota ‘ ■ •nplauu Suinmun.s tnr Mi.H<lemr;<nnr or IV-Mv Mt.xHprneanorSheet *J
CP FORM 2.01 L F.
Complainants basis for believing that the ajjove-named Defendant, onHofcfetrt Township_________________The a
19___at
I lomin the above-named County, committed the following described
OFFENSE
Charge: f^RaniNf; & PTT.T.TNr; TN a SHnRRT.ANn ARRA WTTHOnT A PERMIT
In violation of Section: nt-h^r Tail (~!r)nn^y ShnrplanH Manag^^mpnh Ort^inanr«» TV.9-a- & VT-7-h
Penalty: 0-90 days and/or $700 fine
That at the above stated time and place and within the jurisdiction of this Court/
one TERRY BENNETT/ then and there being/ hereinafter referred to as the defendeint/
did willfully/ wrongfully and unlawfully grade/ fill or alter the natural topography
of land within a shoreland area without first obtaining a conditional use permit
therefor/ contrary to the form of said ordinance made and provided and against
the peace and dignity of the State of Minnesota.
•I..
THEREFORE, Complainant requests that said Defendant, subject to bail or conditions of release where
applicable.
(1) be arrested or that other lawful steps be taken to obtain Defendants appearance in court; or
(2) be detained, if already in custody, pending further proceedings;
and that said Defendant otherwise be dealt with according to law.
Complainant.
SiKhature of Complainant/
Being duly authorized to prosecute the offense charged, I h/reby (rove this ConiD^aint.
(ProMcutinK Attornw)Waldemar E. Senyk
Courthouse/ Fergus Falls.- MN 56537 218/739-2271/ Ext. 200Ass't. Otter Tail County Atty • /
Prctseculing Attorney Name:Title:Address:Telephone No.
FINDING OF PROBABLE CAUSE
From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I, the Issuing
Officer, have determined that probable cause exists to support, subject to bail or conditions of release where
applicable. Defendant’s arrest or other lawful steps to be taken to obtain Defendants appearance in Court, or
detention, if already in custody, pending further proceedings. The Defendant is therefore charged with the above-
stated offense.
SUMMONS
THEREFORE YOU, THE ABOVE-NAMED DEFENDANT, ARE HEREBY SUMMONED to appearthe,25th_____day of August 19g9_, at 9:00 o’clock
above-named Court at 3rd Floor, Courthouse, Fergus Falls
on
m., before the
.to answer this complaint.
(Room Number) (Place) (Address)
IF YOU FAIL TO APPEAR in response to this Summons, a warrant for your arrest may be issued.
This Complaint-Summons was sworn to, subscribed before, and issued by the undersigned authorized
Issuing Officer this 25th day of July Q 89
•I:
Harlan L. NelsonPrint Name.
Title.District Ckxirt Judge
Sworn testimony has been given before the Issuing Officer by the following witnesses:
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OtterTai1 County
Fergus Falls, Minnesota
Aug 25, 1989
NOTICE OF
COURT TRIAL
:RRY BENNETT
)UTE 1, BOX 103
:RGAS, MN 56587
I
Case Number: T9-89-00A025
The State of Minnesota
TERRY BENNETT, C6RADIN6 & FILLING IN SHORELINE
■<es
vs.
You are hereby notified that the above matter has been set for
Court Trial on Sept 19, 1989 at
Honorable Thomas P. Schroeder at the following location:
Otter Tail County Courthouse
Fergus Falls, MN 56537
9:30 a.ro. before the
You are expected to appear at the above time and place fully prepared.
CCS Barb Hanson, Asst. County Attorney
Kenyon E. Rudd
Court Administrat or
Sherrie Miller, DeputyBy;lones <218) 739-2271
received
SEP 1 4 1989MEMO
lAND & RESOURCE
TO BILL KALAR and TIM GRIEP
FROM: WALLY SENYK
SEPTEMBER 14, 1989DATE
STATE V. TERRY BENNETTRE
Please be advised that a Court trial has been scheduled in the
above-entitled matter for Tuesday, September 19, 1989, at 9:30 a.m. in the
District Court, Otter Tail County Courthouse, Fergus Falls, Minnesota.
Please contact me upon receipt of this notice to discuss your involvement in
this matter. Thank you.
WBS:lw
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