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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 11/18/2003• • • MINUTES OF THE OTTER TAIL COUNTY BOARD OFCOMMISSIONERS Government Services Center, 500 Fir·Ave W . Tuesday, November 18, 2003 9:30 a.m. Call to Order The Otter Tail County Board of Commissioners convened Tuesday, November 18, 2003, at· 9:30 a.m. at the Otter Tail County Government Services Center with Commissioners · Malcolm Lee, Chair; Syd Nelson, Vice-Chair; Dennis Mosher, Roger Froemming, and Bob Block present. Approval of Agenda Motion by Froem_ming, second by Block, and unanimously carried to approve the County Board agenda of November 18, 2003, as mailed. Approval of Minutes Motion by Mosher, second by Froemming, and unanimously carried to approve the County Board minutes of November 12, 2003, as mailed. Approval to Pay Bills Motion by Block, second by Nelson, and unanimously carried to approve payment of County Board bills per Attachment A of the official minutes . Fergus Falls Regional Treatment Center Property Kent Mattson provided an update regarding the Request for Proposal process to find a viable plan to re-use the buildings located on the Regional Treatment Center grounds. The effort is a collaboration between several entities within the community and the State of Minnesota. Mr. Mattson stated that the RFP has received good attention and, by December 1th, those interested in submitting a proposal will send a letter of interest. The goal would be to develop ,, a master plan for the property. Additionally, the Committee is working on new Ml and CD facilities. Mr.: Mattson will contin_ue to update the Board on the RTC campus issues. License Applications Motion by Froemming, second by Mosher, and unanimously carried to approve the following applications for license: Blue Water Restaurant and Sports Bar, Inc. Pelican Rapids, MN 56572 ·Main Street Gas and Goods Dalton, MN Otter Supper Club and Motel Ottertail, MN 56571 State Auditor Visit Tobacco Tobacco· Tobacco State Auditor,. Pat Awada, met with the Board and has been traveling around and meeting with County Boards to listen to concerns of local government units. Ms. Awada discussed budget issues·. She spoke optimistically about the economics of the state and the nation and . OTCo. Board of Commissioners' Minutes November 18, 2003 Page 2 felt that the state_ woulq · grow_. out ·of· ·the. recession. ··· .Commissioners and Ms. Awada discussed loss of fine dollars to local units of government, sales tax vs. property tax, new job zones, and the Truth in.Taxation wocess: · · · · Recess & Reconvene At 10:37 a.m., Chairman Lee declared the meeting of the Otter Tail County Board of Commissioners recessed until 11:00,a.m.,.when the.mef;!ting was reconvened.for scheduled : agenda items. . . . ., .. '. ., : . . . .', ~ -; _-, • ' '' • • + : • • ' • • ' • ·' • - . . ... ~ Planning Commiss'ion Recommendations Preliminary Plat -"Loren Addition''/LuAnn F. Stelter & Loren Hoyhtya: '. Motion by Froemming, second by Nelson, and unanimously carried to approve the Preliminary Plat known as "Loren ~9dition" • consisting pf 2. lots, 1 9f those lots being a backlot, as presented. The property is described .as P.t of GL 2 & Outlot D of Leaf Lake Properties, Section 26 of Leaf Lake Township; East Leaf Lake (56-116). . . ' ' Preliminary Plat-"Green's Isle View Addition'1/Robert Green and Susan Cordes Green: 0 Motion ·by Lee, second by Mosher, to' app'rove the Preliminary Plat known as "Green's Isle View Addition" with conditions as recommended by'the Planning Commission. · Applicant, Robert Green, spoke to the Board _and eJ5plained that he had not anticipated the concerns expressed by the Planning Commission regarding 'Lot 1 and didn't have the information, at the time, to present to the Planning Commission: He requested that this request for approval of the plat be returned to the Planning Commissio'n for further consideration. The applicant Q agreed to waive the 60 day rule. Motion and second ":Vere withdrawn. Motion by Lee, second by Nelson, and unanimously carried to send this· Preliminary ·Plat request back to the Planning Commission. The property is described as Lot 1 South Lida Shores & Pt of GL 4, Section 9 of Maplewood Township, Lake Lida_(56-747)._ _ . .. . . . - Conditional Use Permit-Vacation· Land Resort/Lynn & Holly Johnson: 'Motion' by Mosher, secon'd by Blocl<,' and' una.nimously carried to approve a Conditional Use Permitto add an '18' x 24' family room addition to the· ho'me on the resort as presented. The property is described as Pt of GL 2 & Pleasure Beach Resort Lot 3 & 4, Section 2 of Everts Township; Otter Tail Lake (56-242). Conditional Use Permit...:. Louise A. Nelson (Fay Beighle~· Buyer): .. · Motion by Mosher, second by Froemming, and unanimously carried to approve· a Conditional Use Permit for an upholstery shop as presented. The property is _described as Lot 1, Blk 2, Glen Haven Addition, Section 33 of Everts Township; Unnamed Lake (56°305). . . ',., .. . ' ~. . ' -, '· . '. ~ \ Conditional Use Permit-Olson Properties: . . ; ,, ...... . . Land & Resource Director, Bill Kalar, reported that the Olson Properties CUP request on Silver Lake was recommended for denial by the Planning Commission. Proposed buyer of the property, Jeff-.Hohn, requested that this CUP request 1be sent back-.to .the Planning Commission and waived the 60 day rule. Motion by Mosher, second . by Lee, and unanimously carried to refer the Conditional Use Permit request of Olson Properties back to Q the Planning Commission for additional information. · The property is described as Lot 1 Blk 1, Canterbury Sands; Section 28 of. Everts:rownship;,Silver Lake (56-302). · • • • " OTCo. Board of Commissioners' Minutes November 18, 2003 · Page 3 Environmental Assessment Worksheet (EAW)/The Preserve at. Echo Bay/Homeland Investment Co. #1: Mr. Kalar stated that the Preserve at Echo Bay is on Fish Lake (56-768), Unnamed Lake (56-771), and Pelican River (PR-56). He reported the size of the lake from DNR statistics as 280 acres (separate from Pelican Lake). The Planning Commission taqled this CUP request for preparation of an Environmental Assessment Worksheet (EAW). He stated that normally, tabled requests are not considered by the County Board; however, an EAW needs to be ordered by the County Board. Motion by Lee, second by Block, to order that an EAW be completed for the proposed project of "The Preserve at Echo Bay" as recommended by the Planning Commission. Discussion followed regarding the reasons two of the Planning Commission members voted against the motion for the preparation of an EAW. Mr. Kalar reported that they had concerns regarding the size of the development and suitability of location for this particular project. Mr. Kalar explained the timelines involved with the EAW and potentially, an Environmental Impact Statement (EIS). Chairman Lee stated that he had received over 200 letters opposing this development, with only two letters in favor. The Chairman called for a vote. Motion carried with Mosher opposed. Commissioner Mosher stated that he is not against the EAW, but was voting in favor of the decision to deny the development based on the r_ecommendation of his Planning Commission appointee. Modified Calculation Request-Frank's Lodge: Motion by Lee, second by Nelson, and unanimously carried to uphold the decision of the Planning Commission to deny the request of "Frank's Lodge" on Star Lake to modify the calculations used to determine allowable units . Resolution to Authorize Limited Use Permit Otter Tail County Resolution No. 2003 -67 Commissioner Lee offered the following and moved its adoption: WHEREAS, the· Commissioner of Transportation of the· State of Minnesota has made available certain Trunk Highway right-of-way as highlighted on exhibit "A" in the Limited Use Permit, attached hereto (official minutes) and made part thereof, for the purpose of constructing, maintaining, and supervising a snowmobile trail, and WHEREAS, the County of Otter Tail desires to make available to its citizens and visitors, such an area for the aforementioned purposes, in harmony and keeping with its recreational plan, and, · WHEREAS, the County of Otter Tail is willing to operate, maintain, and safeguard the facility as set forth iri the Limited Use Permit, attached hereto, and make a part thereof. NOW, THEREFORE, BE IT RESOLVED, that the Chairperson of the Board of County Commissioners execute the aforesaid Limited Use Permit. Commissioner Mosher seconded the motion, and upon being put to vote, was unanimously carried . Adopted this 18th day of November, 2003. OTCo. Board of Commissioners' Minutes November 18, 2003 Page4 OTTER T~~UNTY ~?~~D o/jCOMMISSIONERS-: 0 By: ~~~.L:::> ...... :· .. . . ' Malcolm K. Lee, County Board Chair ,·,· Proposed Edwards to Elizabeth'to Fergus Fails Extension to Grant-In Aid Trail . · · Otter T~.il County Resolution No. 2003-6~ '· '. : Commissioner Leie offered the following and moved its adoption: . " ' . WHEREAS, Otter Taii County h~s ~ponsored Grant:ln~Aid Systems in the past; and . •. . -,, . ' . . -. ' ' . . .; . ~ WHERE:/~.S. acceptance of _the _Grant-ln~/;\id System proposed extensions are subject to the · review and approval of the County Attorney; and· ' · · · · · · · · · -·· · ._ · · · . . ' ' . ' ~ WHEREAS, if funding from the State of Minnesota ~ec9mes available for additional trails into the current Grant-In-Aid System; and · · ' ·" · · · • . . .,, . ·: ' ! ... . WHEREAS; County sponsorship is required to obtain funding for trail extensions; and· , · ' ,• . ·, ·-: ' .... WHEREAS; proposed trail extension is on the ground with all needed permits acquired. THEREFORE, BE IT RESOLVED that Otte~ Tail County shall sponsor the proposed Edwards to Elizabeth to Fergus Falls extension to: Grant0 In°Aid Trail.' ' · · ' · · . . . · Commissioner Mosher seconded the resolution and, Li~6n being put to vote, : was unanimously adopted. ' · · •. · ·· ' ' · · · · 1~ ,•. • • Adopted this 18th day of November 2003 \ . . bated:· · a/&Jo.3 _ m¼~,B~O~ARD o/ 7ss1~N~~s By: __________ f __ .>'-_____ _ -Malcolm K. Lee, County Board _Chair ' .' r· (' -. '' ' -' ' Recess & Reconvene .. At 11 :28 a.m., Chairman Lee declared the meeting. of the Otter° Tail, County Board of . Comm_issi~n~rs recessed for lunch break. The meeting was reconyened at 1 :05 p.m .. Budget Discussion Accountant, Mitzi Pederson, reported that the Budget Committee met last Friday to discuss the County budget shortfall, which is a result of redudion·s in state aid and levy limits. The maximum tax levy has been preliminarily established and the budget hearing for that is 0 0 • • • OTCo. Board of Commissioners' Minutes November 18, 2003 Page 5 scheduled on December 4th at 5:15 p.m. Following the hearing, the County Board will set the final levy and take final action on department budgets. Ms. Pederson presented ideas generated from the Budget Committee meeting to reduce expenditures. Several Department Heads offered suggestions. The County Board will consider all options to balance the budget. Closed to the Public Adjournment At 2:15 p.m., Chairman Lee declared the meeting of the Otter Tail County Board of Commissioners closed to the public to discuss pending litigation relative to Blue Heron Bay as authorized by attorney-client privilege, Chapter 13D.05 Subd. 3b. Present were Commissioners Lee, Froemming, Nelson, Mosher, and Block, the County Attorney, and Board Secretary. At 2:20 p.m., upon conclusion of the closed session, Chairman Lee declared the meeting of the Otter Tail County Board of Commissioners adjourned until Tuesday, November 25, 2003. Dated: II !J.s:.f o,3 •fl OTTER TAIL COUNTY BOARD ?f C5lMMISSIONERS By: ~~/L Malcolm K. Lee, County Board Chair 0 ,, '. 0 0 • • 11/18/2003 12:23:55 Otter Tail County Warrants November 18, 2003 Page 1, Attachment A OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION IFD66 COUNTY 56 PAGE 1 WARRANTS APPROVED ON 11/18/2003 FOR PAYMENT 11/18/2003. VENDOR NAME A-1 LOCK AND KEY AL'S STOP & SHOP INC ALLIED FIRE PROTECTION INC APPLIED CONCEPTS INC ARAMARK SERVICES.INC ARVIG COMMUNICATION SYSTEMS AUTO GLASS SPECIALISTS INC BATTLE LAKE MOTOR PATROL ASSN BATTLE LAKE STANDARD BEYERS BODY SHOP INC BOUND TREE MEDICAL LLC BRANDON COMMUNICATIONS INC BRANDT LAW OFFICE ATTORNEYS BRAUN VENDING ·INC CARQUEST AUTO PARTS CARR'S LAKE COUNTRY SUPERMARKE CO OP SERVICES INC CONSTRUCTION BULLETIN MAGAZINE COOPERS TECHNOLOGY GROUP CULLIGAN CUTLER MAGNER COMPANY DACOTAH PAPER COMPANY DALTON OUTDOORS DELZER CONSTRUCTION INC DON'S SERVICE ELEMENT K JOURNALS EMERGENCY AUTOMOTIVE TECHNOLOG ENERGY PARTNERS LLC ERHARD VILLAGE STORE EVERGREEN EQUIPMENT INC FARMERS CO OP OIL ASSN FARNAM'S GENUINE PARTS INC FERGUS ELECTRIC FERGUS TIRE CENTER FIRE FIGHTER & DETECT ALARM THE FORUM FOTH & VAN DYKE FRONTIER PRECISION INC G & K SERVICES DONNA GEISER GENERAL PARTS INC GODFATHERS EXTERMINATING INC GRAINGER INC ERVIN HAGEN HALL GMC INC MIKE HANAN HEALTH CARE INCINERATORS HEDAHLS HEADQUARTERS HENNING HARDWARE AMOUNT 276.59 173.43 250.00 299.02 4,326.15 30.00 366.68 34.00 295.33 1,194.33 231. 66 229.33 300.00 30.57 5.09 752.01 3,114.05 393.12 938.73 165.94 7,640.73 132.14 76.62 34,536.00 61.50 107.00 1,711.33 94.13 1,263.29 37.97 2,195.44 924.87 1,158.12 15.00 180.00 109.63 8,762.63 100.00 2,675.25 228.01 104.15 257.73 521.38 21.42 766.22 184.38 156.00 136.52 34.21 Otter. TaiJ,County ,Warrants November·18, 2003··• Page 2, Attachment A ., 11/18/2003 12:23:55 OTTER TAIL COUNTY AUDITOR PANELSON RECEIPTS AND'DISBURSEMENTS SYSTEM WARRANTS FOR PUBLICATION IFD66 COUNTY 56 PAGE · 2 WARRANTS APPROVED ON 11/18/2003 FOR PAYMENT 11/18/2003 VENDOR NAME HERZOG ROOFING INC HOMESTEAD BUILDING SUPPLIES IBM CORPORATION THE INDEPENDENT INSIGHT PUBLIC SECTOR INTERSTATE INC JJ'S GAS AND GROCERIES JK SPORTS ALLAN KELLER KELLY SERVICES INC KNUTSON ELECTRIC REBUILDING L & L SERVICE . LAKES AREA PEST CONTROL LLC LAKES COUNTRY SERVICE CO OP LAKEWAY MARKET LARRY OTT INC TRUCK SERVICE LEWIS TRANSPORTATION SYSTEMS: LIEBERMAN CO INC , LOCATORS & SUPPLIES INC M-R SIGN CO MIDWESTERN MAT RENTAL & SUPPLY MN·DEPT OF REVENlJE MN MOTOR COMPANY NANIK'S ELECTRIC NELSON INTERNATIONAL NORTH UNION TEXACO OK TIRE STORES OLSON AUTO ELECTRIC OTTER TAIL CO EMPLOYEES COMMIT OTTER TAIL CO TREASURER OVERHEAD DOOR COMPANY PAMIDA INC PARK REGION CO OP PELICAN CASH & DASH PENROSE OIL COMPANY PERHAM ACE HARDWARE . PERHAM CO OP CREAMERY PERHAM CONOCO CITY PERHAM ·. PHILLIPE LAW OFFICE QUILL CORPORATION RAY'S OIL COMPANY RECYCLE AMERICA-RINGDAHL AMBULANCE SERVICE ROYAL TIRE INC RUBNER WELDING & EQUIPMENT SAMMY'S ONE STOP SEWER SERVICE SHERBROOKE TURF INC AMOUNT :375.00 19.05 ·925.00 447,48 1,733.40 .1, 1:6_1. 30 189.40 248.48 , 10.00 220.94, -407.94 ·463.70 79.88 ,52.40 1,957.02,' 1,325.00 · 166 .16 679.75 106.38 271.68 26.20 5,563.22 584.70 1,796.76 546.47 581. 02 21.66 564.11 '1,140.·10 ,232, 824.12 196.00 6.26 743.08 632.56 982.13. 47.22 2,687.74 101.01 60,047.76 154.00 50.79 610.25' 3,944.08 365.00. 12,663.88 51.81 14.00 120.00 5,ooo.oo· 0 0 0 11/18/2003 12:23:55 • **** • I . Otter Tail County Warrants November 18, 2003 Page 3, Attachment A· OTTER TAIL COUNTY AUDITOR IFD66 PANELSON RECEIPTS AND DISBURSEMENTS SYSTEM COUNTY 56 WARRANTS FOR PUBLICATION PAGE 3 WARRANTS APPROVED ON 11/18/2003 FOR PAYMENT 11/18/2003 VENDOR NAME SOUTH MILL SERVICE SOUTHTOWN C-STORE SQUEEGEE CLEAN WINDOW CLEANING STEINS INC STEVE'S SANITATION INC STRAND ACE HARDWARE THE SUPER SUCKER TASER INTERNATIONAL THYSSEN KRUPP ELEVATOR CORPORA TODD'S WELDING SHOP INC TOOL CRIB OF THE NORTH UNIVERSITY OF MN UNIVERSITY OF MN-EXTENSION SER VALLEY SOFT WATER VICTOR LUNDEEN COMPANY VIKING OFFICE PRODUCTS VOSS LIGHTING WALLWORK TRUCK CENTER WASTE MANAGEMENT WELLER OIL CO LUCAS WESTBY WESTSIDE CONOCO ZIEGLER INC 210 LUBE EXPRESS FINAL TOTAL ...... . AMOUNT 167.67 362.51 53.25 2,785.14 4,084.09 143. 75 72.19 390.00 235.50 3.71 244.85 2,740.98 3.00 10.60 151.02 53.73 156.19 183.20 9,414.48 101. 68 15.00 15.04 1,714.24 80.18 $443,685.59 **** 0 .\ 0 0 • • • STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT FOR SNOWMOBILE TRAIL County Board Minutes November 18, 2003 C.S. 5617(T.H. 59) County of Otte rta ii In accordance with Minnesota Statutes Section 161.434, a Limited Use Permit is hereby granted to the County of Ottertail, Permittee. This permit is for the purpose of constructing, maintaining and operating a snowmobile trail, (hereinafter called trail), within the right of way of Trunk Highway No. 59 as shown highlighted Exhibit "A", which is attached hereto and incorporated herein by reference. This permit is executed by the Permittee pursuant to the· attached resolution. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. The definition and operation of snowmobiles shall be in accordance with Minnesota Statutes §84.81 and §84.87 2. The construction, maintenance, and supervision of the trail shall be at no expense to the Minnesota Department of Transportation. 3. Before construction of any kind, the plans for such construction shall be approved in writing by the Minnesota Department of Transportation, through the District Engineer. 4. No permanent structure(s) or advertising device(s) in any manner, form or size shall be constructed, placed or permitted to be constructed or placed upon the State of Minnesota right of way. I 0 I' ,. 0 ' ' .•. 0 • • 6, 7. 8. 9. County Board Minutes November 18, 2003 No commercial activity or activities shall be allowed to operate upon said State of Minnesota right of way. Any and all maintenance of the traH shall be provided by the Permittee; this includes, but is not limited to, the plowing and removal of snow, and the installation and removal of signs. The State of Minnesota will not mark obstacles for snowmobiles or other recreational motorized vehicle on trunk highway right of way. If any signs are placed they must be in accordance with Minnesota Rules for the Department of Natural Resources §6100.5300 and §6102.0060 and also in accordance with "Minnesota Snowmobile Safety, Laws, Rules and Regulations". This permit is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy said right of way. The Permittee shall preserve and protect all utilities located on the lands covered by this permit at no expense to the. Minnesota Department of Transportation and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800~252-1166 at least 48 hours prior to performing any excavation. 10. · Any crossings of the trail over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance . 11. The Permittee shall construct the trail at the location shown in the attached Exhibit "A" subject to verification by the Minnesota Department of Transportation District Engineer that the construction geometrics and procedures result in a trail that is compatible with the safe and efficient operation of the highway facility. · 12. Approval from Minnesota D·epartment of Transportation District Engineer shall be . required for any changes from the approved plan. 13. Upon completion of the construction of the trail, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. 14. This permit does not release the Permittee from any liability or obligation imposed by federal law, Minnesota .statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. 15. Any use 'permitted by this permit shall. remain subordinate to the right of the Minnesota Department of Transportation to use the property for highway and transportation purposes. This permit does not. grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl· refuge facility that would become subject to·Section 4 (f) of the Federal-Aid Highway Act of 1968, nor does this-permit-establish a BikewaY., or Pedestrian way which would require replacement pursuant.to Minneseta,Statutes Se.s;tion 160.264. Page•2 of 4 C ,ll 0 •·' . ' ,- 0 l . ' 0 • • • 16 . County Board Minutes November 18, 2003 This pJrmit shall be subject to cancellation and termination by the Minnesota Department of Transportation, with or without cause, by giving the Permittee 90 days written notice of such intent. Upon said notice of cancellation the trail shall be removed within 90 days by the Permittee. Upon cancellation of said permit, or any portion ,thereof, the Permittee will be required to return and restore the area to a condition satisfactory to the Minnesota Department of Transportation District Engineer. The removal of the trail and the return and restoration of the area shall be at no cost to the Minr:ies.ota Department of Transportation and at the sole expense of the Permittee. 17. The Pe~mittee, for itself, its successors, and assigns, agrees to abide by the provisions of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no person in the United States, shall on the grounds of race, color, or national origin, be excluded from, or denied use of any trail. · 18. The Permittee shall hold harmless · and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns, from liability claims for damages because of bodily injury, death, property damage, sickness, disease: or loss and expense arising from the operations of the trail or from the use of the portion of highway right of way over which this permit is granted. 19. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns from claims arising or resulting from the temporary or permanent termination of trail user rights or:i any portion of highway right of way over which this permit is granted. . 20. The State of Minnesota, through its Commissioner of Transportation, shall retain the right to limit and/or restrict the parking of vehicles and assemblage of trail users on the highway right of way over which this permit is granted, so as to maintain the safety of both the motoring public and trail users. 21. The Permittee will hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees from claims resulting from temporary or permanent changes in drainage patterns resulting in flood damage. 22. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the Permittee shall provide for cleanup of the spilled material and the materials contaminated by the spillage •in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 23. No assignment of this permit is allowed . Page 3'of4 ,. 0 1 • . , • . , 0 ,,. 0 • 24 . i I I I County Board Minutes November 18, 2003 The Pe~mittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall ' be filed or maintained by it or by an subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto; agrees to indemnify and hold harmless the State of Minnesota from all such liens and claims. 25. The State of Minnesota's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736, and other applicable law. MINNESOTA DEPARTMENT OF TRANSPORTATION I RECOMMENDED FOR APPROVAL COUNTY OF Otter Tail By~~K By: ~/4~ • District Engineer . MdlIB~ Its C/t1?( • APPROVED By: Date: _ __._/""-li/i-../.P...,J'""'6c...3..,_· ____ _ , J COMMISSION.ER OF TRANSPORTATION By: ____ '--------------- Director, Office of Land Management I . Date ----,--------------- ' The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in th.e public interest and that the use intended is for public purpose~ . R . ' Page 4 of 4 0 ·' ., I . ' . . J 0 , . 0