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Home My WebLink AboutBoard of Commissioners - Minutes - 04/08/1969MINUTES OF THE ADJOURNED MEETING OF THE BOARD OF COUNTY COMMISSIONERS OTTER TAIL COUNTY MINNESOTA Pursuant to adjournment, the Board of County Commissioners, Otter Tail County, Minnesota, met on Tuesday, April 8th, 1969, at 10:00 A.M. o'clock all members being present. Richard Hanson of Battle Lake appeared before the Board representing Viking-Land, USA. Upon motion made by Bennie JohBson, seconded by Ot4,Haase, and carried unanimously, $500.00 is to be paid to Viking-Land USA on the 1968 appropriation. Motion was made by John Snowberg, seconded by Andy Leitch, and carried to accept the bid of the Burroughs Corporation for Model 142, Control Center Unit, in the amount of $3,253.00, there being no other bids. Motion was made by Andy Leitch, seconded by Bennie Johnson, and carried, fo~ the Treasurer to use his own discretion on investing moneys for the next 30 days. A delegation from Norwegian Grove appeared before the Board regarding township and coU11ty roads in that township. DeRoyal Nord presented a petition requesting the County to Rebuild County Road No. 30, for a three mile stretch in Sections 9, 8 and 7, Joseph Dunham· speaiing in favor. Motion was made by Bennie Johnson, seconded by Otto Haase and carried unanimously to put the petition on file for further study. -~ uetition was also presente-' requesting the County to take over a portion of township road for County road. Motion was made by Bennie Johnson, seconded by John Snowberg, and carried, to file said petition, no action being taken. Motion was made by Andy Leitch, seconded by Otto Haase, unanimously carried to approve Maintenance Agreement #1375, and the following resolution was adoped: 84 Poor Quality Document Disclaimer The original or copy of a document or page of a document presented at the time of digital scanning contained within this digital file may be of substandard quality for viewing, printing or faxing needs. Form 17154 - STATE OF MINNESOTA COUNTY OF OTTER TAIL ).·/ ) ) I, K, w, Hanson ·• .. •. Maintenance Agreement lo. 1375 RESOLUTION -----, do hereby certtfy that I have examined the copy of the resolution hereinafter set forth, adopted by the Board of County Commissioners , at a regular meeting thereof held on the ]!L day of Apri 1 , 1969, and hav.e carefully compared the same with the original thereof now on file in this office and that said copy as hereinafter set forth is a true and correct copy of said original and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed·the corporate seal of said County of Otter Tai 1 this __ 8 __ th __________ _ day of · Apr i 1 , 19 69. • (CORPORATE SEAL) . BE IT RESOLVED, That the Chairman and Clerk or Auditor forthwith enter into agreement with the State of Minnesota, acting through its Commissioner of Highways, for the maintenance, except the ~pplication of calcium chloride in locations where the State considers it to be necessary and except snowplowing, .. , of the road described in said agreement as Temporary Trunk Highway No. 2-/ O , to wit: :S-.S,ming at the junction ot State Trank~ lo. 2JO and County State~d Higblf&7 lo. 40 in the Village of Vining; thence in a sOlltherq and easter],1' direction for·apprmmateq 7.18 miles on said County State-Aid Highway lo. 40 to the southeast comer of section 1,3., township 132 north., range ,38 west; thence ccmtimle northerq appro.:dma~ o.s ot a mile on said County State-Aid Highway No. 40'to the east quart.er com.ar of said section 13., township 132 north, range J8 vest; thence contimae· easterq approximateq J.5 miles on said Comity State-Aid B~ . No. 40 to its intersection with State '.,l'runk Highway lo. 29 near the center of section 15., township 132 north; range 37 west and there terminating. Total mileage being approximateq ll.18 miles. said Municipality to be paid therefor at the rate of $ 175.00 per mile ·per month.· Fractional miles and fractional months, if any, will be used in computing amounts payabl~. The use cf said road as a detour by the State will terminate on or before Est. Time Uae: November 1., , 19 70 • 6 months between May 1.5 ~d Hn. · 15, 196C,; also · St months between May 1~ and Nov. l,,. 19'59.10 .;.p ~ The Board having previously advertised for bids for the repair of Bridge #37, Aurdal Township, proceeded to open bids which were found to be as follows: Douglas Ackling, Route #3, Frazee, Minn. Industrial Builders, Inc., Fargo, N.D. The Board postponed action until further study. $20,000.00 26,000.00 Motion was made by Otto Haase, seconded by Andy Leitch and unanimously carried that any commissioner wishing to attend the Legislative Meeting in St. Paul on Friday, April 25th, at 9:30 A.M. may do so. Motion was made by John Snowberg, seconded by Bennie Johnson, and unanimously carried, appointing Roy Isaacson of New York Mills as a member of the Board of the Office of Economic _Opportunities. Motion was made by Otto Haase, seconded by Bennie Johnson, and carried selecting Kenneth Hanson, Roland Winterfeldt and Wendel Huber as delegates to the meeting of the Association of Minnesota Counties. Motion was made by Bennie Johnson, seconded by Andy Leitch, and unani- mously carried, to change the date of the July meeting as originally scheduled on the 7th and 8th, to the 14th and 15th to comply with Minnesota Statutes, which requires the meeting to be held on the second Monday in July. 86 The following resolution was adopted: RESOLVED by the Board of County Commissioners, Otter Tail County, Minnesota, THAT WHEREAS this Board has received an application of Lyle Herk to repurchase the following tract: S½ of the SW¼ of SE¼ & SE¼ of SE¼, and SE¼ of SW¼ and Lot 4, all in Section 19, Township 137, Range 41 SE¼ of NW¼ and NE¼ of SW¼, and W½ of NW¼ and NE¼ of NW¼, all in Section 29, Township 137, Range 41 NE¼ of Section 30, Township 137, Range 41 which has been forfeited to the State of Minnesota for non-payment of taxes. Permission to do so will be to the best public interest and relieve undue hardship. Dated at Fergus Falls, Minnesota this 8th day of -------- _______ A~p_r_i_l ________ , 1969. ATTEST: ~ Clerk 87 The following resolution was adopted: RESOLVED by the Board of County Commissioners, Otter Tail County, Minnesota. THAT WHEREAS this Board has received an application of George and Alice Thompson to repurchase the following tract: Lots 4 & S, Block 7, Ex. W 16 1 , all of 1, 2, 3 & 6, Block 7 Lot 1, Block 6, Corliss Addition S 50' of Lots 7, 8, 9 and 10, Block 4, Corliss 2nd Add'n. to the City of Fergus Falls, which has been forfeited to the State of Minnesota for non-payment of taxes. Permission to do so will be to the best public interest and re- lieve undue hardship. Dated at Fergus Falls, Minnesota this 8th day of. ----------- April , 1969. -----------------· ATTEST: Clerk Upon motion the meeting adjourned to Wednesday, April 9th, 1969, at 10:00 o'clock A.M. BS WEDNESDAY'S SESSION Pursuant to adjournment, the County Board of Commissioners, Otter Tail County, Minnesota, Wednesday, April 9th, 1969, 10:00 A.M. o'clock, all members being present. The petition of Bruce Harrington asking that a Tract in Gov't Lot 3, Section 15 -134 -41, described as follows: Beginning at pt. 2571.51' S of N quarter (N¼) corner of said sec. and on center line C.A.R. 42 N 86°26" w 374.7' N ooo 165'; thence at right angles due E 374.7' to E line Gov't Lot 3, Son E line, Gov't Lot 3, 165' to pt. of beg., be set off from District #1390 to District #542 was read and it was ordered that a hearing on said petition be held at 10:00 A.M., May 14, 1969, and that due notice of the time and place be given as required be law. A petition asking for the dissolution of School District #1536 was read and it was ordered that a hearing be held on said petition at 10:00 o'clock A.M,, May 14, 1969 and that due notice of the time and place be given as re- quired be law. The pesolution asking for the dissolution of Common School District #1539 was taken up for final action. After listening to the various interested parties, the Board issued the following Interlocutory Order, to wit: 89 'I; ... , ... . ·,:-.. t...-t• ... . . . . ~ .... ~ . : < ··. .,~ t~· ".! ( . . ' . . 'lilllF Oft!H bt ....... ~ ........... ;. · -.. · •· _.,; •; ... ···--•·'T-•''-"' ............. ---.. .. ,-J.-•---... -~ ............. -~.,._,.......,~ . . .. . . ;,·\ .... ·.·. '·, . .. ·.: _-.. . .-,", ' . .. ~ . . . ' . ·-..... •<_•.,,. ·. • ' "'• .,,;.,,1·. ' --~• .. :. ', . ,'' • : . , '•· r_ •. • (/'; , , "11 • -:••"• ,• .' • I. •• • ••,~ • ~ ,• .-.. ,~ ; ••.:• .. '•? :.,&~;<.•• ~-:♦• •• • '• • • ,••:.:. • •,... •• :.,~ ;,.' •, ••• '-'.~,•• . 18 FUR.1.'ll.EB OBDE~D,.Z'_TUJ:t.~-~;-.~~·¥.l~of.-~---:•Mu~•-·· .. ::"'~ .. ;. .. c. .... ·~..,:j.-·_·. ·'f :·· •; ,·t ,\·u •... _l§_~~ ...... -~;:, ~l>r,Jd,)u f,µ11,~;· iJp..~; • .. To, l~~ptn~J Scb9o1 ••~~ict, :_ ·· · .. -· .. • •0~i.~s p c!f,aditu o r11;;1dts ·.Prc>i?c"y bc~1'-i:#tl_ ~.Pf .... J\at.incldding taxes f'oi-. : · · --1- . _:· m1fl pl"!..nr ),'f;ut-s· ~lifleted-afte.--Juty lat-.: l9'!r, and ·au ·obl~gattons pf. · _ ! · ;-.:.1 ;;frtx-ict 0!539 shan bee(Ullt) t~ o~U.pti~ns.:Of' tn4opendttb~ Sd-""41 DiStrit'.t 'f . . . . . , . . . .: . _: . · . .-_.. ·: . . . _· . . . . ... , . 'f, _ .. , ~ :.;.~~ mJ'._sr.l:..l\di⁢ b(t~(].ed ~~i':o_~~-:~~d 'fl.,li~: !khit1r-D1si;.-icit, tlo~ ·1539 ·. -.---l ;~ .: ,. f.,~' _,;:,cp('$ci\ C'.(fect!ve ®te· ~f. this o~r t.n :Juiy. l, 1969.. . -.f . i·. ·-1- ~ : ' . ~•: t Saari of Courit.i,! CQlr.ll.sSioGi)ff of "the .. Covnty···_·. · .. ~ of Ottex, TttU~ ·Sta.te. of Mi1"'M'$0ta · i I . ·I The following applications for homestead classification were approved: Rudolph Riedel Clifford Beldo Wallace Jorgenson Philip T & Borhild Fjestad: Axel & Marie Loiya Margaret K. Miller Jennie H. Skarkrud Minnie A. Lowry Norman A. M~rtenson Gerald Jorgensen NW¼ SE¼ ex. Ry. & ex. trs. SE¼, Section 10 SE¼ Section 21 Lot 7, Block 2 Lot 2, Oak Grove Beach Tract in Sec. 4 Lot 4, Block 3, Hallberg's 2nd Add'n Lot 15, Block 5, North Div. E75' of W 225 1 of S 150m Lakeland Addn. Lot 18 Lot 8, Block 5,Resurvey of Cutler's Town of Parkers Prairie Town of Paddock Town of Friberg Town of Carlisle Town of Rush Lake Town of Friberg City of Fergus Falls City of Fergus Falls City of Fergus Falls City of Fergus Falls The following applications for relief were approved: Independent School Dist. #547, Parkers Prairie Exempt.for school purposes Village of Underwood, exempt for village purposes, refund of $61.08 due. The follomg applications for reduction in assessed valuation were approved: U.S.A. Maynard Voelkerding Harry G. Wells Donald E. Pederson Hattie Shaffer Alvin Dalager Larro Hilgren NW¼ NW¼ & N 606.5' on W beg. 601.3' on E of W. 1746.4' of S½ NW¼ Town of Aastad Lot 39, Provan Beach Town of Dunn SW¼ Sec. 25, Buse Township Lots 2 & 3 ex. 29.2 acres Sec. 29, Buse Township Lots 20 & 21, Mike's Wall Lake Beach, Aurdal Township Lots 6 & 10, Section 19 Pelican Township Parkers Prairie Township 91 Tax exempt Assessed same as a building lot, should be 2/3's value Clerical error in transfer- ring market value Clerical error in addition Cement block building assessed too high. Clerical error by local assessor, at local assessor's request. Personal property over- assessed. Motion was made by Otto Haase, seconded by Andy Leitch and un- animously carried to reject the proposed County Zoning Ordinance, and The following resolution was adopted: RESOLVED by the Board of County Commissioners of Otter Tail County, Minnesota, THAT WHEREAS upon resolution by the Otter Tail County Planning Commission that the Zoning Ordinance prepared for the County of Otter Tail lacked sufficient public support, BE IT HEREBY RESOLVED said Ordinance be rejected. Dated this 9th day of April , 1969 ---------------=--------- =ch,....a....,,i_rm_an __ 7...,· '"~""'-"'-'-~::;._ ...... ~e:::...::;-=..:..::;,:,:-~=-" ATTEST~ Clerk 92 Motion was made by Bennie Johnson, seconded by John Snowberg, and carried, Andy Leitch and Otto Haase voting ''no", that The following resolution ·be: adopted: RESOLVED by the Board of County Commissioners, Otter Tail County Minnesota, that WHEREAS The County Planning and Zoning Commission, appointed by the Board of Commissioners of Otter Tail County Minnesota, have prepared and recommended for acceptance a Subdivision Controls Ordinance, NOW THEREFORE BE IT HEREBY RESOLVED that the Board of Commissioners Otter Tail County adopt,. the attached Subdivision Controls Ordinance, in its entirety. Adopted this 9th day of April, 1969. ATTEST: Clerk 93 STJB:O.f\t1.SION CONTROLS ORDINANCE OTTER T.AilL COUNTY., MINNESOTA . 9 'April 1969 1'he preparation of Hua O:rdinao.~~ was iina,nda.Hy aided !through ,\ gra.nt frmn the Departmt'l.nt of HQusing and Urban Development under th.e U:rba..n Pla.nnlng~ ABsist'.a.nee Program authorized by Sectio.rA 101 c.1f the Hou~ing .At:t of 1954, a~ 2.m.e;11cled, and a.dnuniste:r.ed by th,e Offi«.:e of Lo;;,:al and Urban Affair 9, ?v'J.n.n•~ · sota State PJ1.an.ning, Age.nt':y. 94 BOARD OF co~~SSlONERS Jaim/l:ie Bucholz, Chai.rm.an Bennie J. Johnson. Vke-·Chairnian Otto Haase Andy Leitch John Sno·111,berg Kenneth Hanson. County Auditor }').LANNING ADVISORY COMMLSSION Frank Altatadt, Ch.air ma.n Fl~yd Hoff~ Vke-Ch.ai:rma..n W'aUe:i:-Stmd.bel'go Se~·reta:ry M-1.'s ., Vf.r ginia Adams Nele Hanson Benrue J, ,Joh.nso.01 Harian Nehion l~r.:-.i-ttard. Pah1,bidd Gia1·atu:e Pderaon Carl Rickert GHeie Harlow9 Admiztistrat.ive Assistant PLANNING CONSULTANT c~)mmunity Planning & J),:;dg.n Aasodateso J,nc. Z828 UniveX"aity Avonue So E. MJ..ruleapoUs, Mlrulesot..-\ 55414 S-5 . CQJi2-~NTS Section Pa.g~ L Gene1·al Provis.ion.a 1 A. Title 1 B. Purpose 1 C. Legal Authority l II .. De!initions ! m. Procedures 3 A. Pre-Application Meeting 3 B. Preliminal">' Plat 3 c, Fi.nai Plat 4 IV. Presentation Requirer11ente 5 A. Preliminary Plai: 5 B. Final Plat 6 V. Design Standardo 8 A. Streets s B. Easements 10 C. Diocka 10 D. Lota 10 Ee Natural Features 11 VI, Required Improvements 11 A.· Monume.nta 11 B. Streets 11 C. Water Supply 11 D. Sanitary Sewer 11 E. Drainage Facilities 12 F. Street Name Signs 12 G. Specifications 12 H. Financing 12 SG _______ ,. CONTENTS iConto} VIL VIU- DC Other A, B. c. D. E. F. Amendn:1ents Variances aJ>.d Exceptions Building Per mi.ts Validity Enforcement and Penalties Appeals/Board of Adjustment Conveyance by Metes and Bounds Effective Date 97 Page 12 i 2. 12 13 13 13 13 14 14 l.. GEN&.~AL PROVISIONS A. Tit!.e This Ordh1anee from the date of its passage shall be entitled:' SUBDIVISION CONTROLS ORDINANCE OTTER TA(L COUNTY~ MINNEso·rA B. Purpose The purpose of tbie Ordinance is to regu!a.te the subdividing of land in Otter Tail County lying outside the in'=orporated limits of any cityo ,tillage or borough. and the limits o! towns having the powers of villages pu:r.suant to law, so that .new subd!.'risions will be integrated with the de'!felopment objectives of Otter Tai! County and contribute to an attrad!ve, stable and wholesome envir_onment. ade- quate public ser,;'ic:es and an integrated and safe street and highway system. C. Legal Authority Thie Ordinance is enacted pursuant to 11An. Act Authorizing County Planning and Zoning Ael:ivitftes, Establishing a Board of Adjustment and Authorizing the En- actment of Offida.l Conti·o!s," Chapter 559, Session Laws of Minnesota 1959. MSA 394. 21 -394. 37. ll" DEFINITIONS For the purpose ol this Ordinance certain terms and words are herein defined as ioUowa: A. Words used in the present t:ense shall include the future, and words used : . .n the eingular number sha.U include the plural number an.d the plural the singular. B, The word 11 shaH11 is mandatory and not discretionary. C. Alley: Any strip oi land publicly or privately owned, less than thirty-three (33j feet in width between property Unee, set aside for pubHc vehicular ac-:cess to .a.butting property. Do Arterial Street or Highway ~primary)~ A street 01· highway of considerable c,:,n tinuity designed primarily to serve as an intercommunication link b<ttween se('.- tors of the County and beyond (such as from within a city to outlying a.rea.e}. Eo Collector Street \:secondary}; A street designed to serve the internal traffi~ dr · culation of a rei;ognized iand use area whic-;h distributes and coUeete traffit; from local streets a.nd connects with Arterial Streets and/ or Highways. · S8 -2- F.-. Cu!-de-sac~ A comparatively short street having but one end open to trafii.c and the other end being permanently terminated by a ~ehi.cula.r turn-arou.nd, Ci. Development Objedivee~ Those goa!B defined as pal"t of the County's c.-;ompre- hensive planning progra1n which indicate how the CoWity wishes to develop Ueelf in line with orderly and logkal direction. Ho Easement~ A grant by an owner of land for the specific use of said land by tbe public9 generally, or to a person or persons. 1. Final P!at;· The final map. drawing or cha.rt on which the subdivider1s phin of subdhision is presented to the County Board fox· approval and which, i£ approved. wiH be submitted to the County Register of Deeds . . J. Local Street (terHa.ry)~ A street: designed for access to abutting property and not intended to facilitate through traffic. K. Lot~ A piecep parcel or plot of Kand i.o.tended for building development or as a unit intended to f"acilitate through traffic. L, Owner~ Any individual, firm, association~ syndicate, co-partnership, ~orpora · tion, trust or a.ny other legal entity h.aYing sufficient proprietary interest in the land sought to be subdivided to conunence and maintain proc:eedi.ngs to aubdivide the same under this Ordinance. M, Preliminary Plat~ The preUminary map. drawing or chart indicating· the pro- posed layout o.f the subdivisiion to be submitted tc1 the Planning Advisory Com» mission a..o.d Cowity Board for their consideratf>.on. N, Service Road~ A mi'l.nor street whit::h is parallel ar.d adjacent to an Arterial Street or Highway and which provides acceso to abutting propertieo and_ prote.c- tio.o from through traffic. O. Subdivider~ Any person. commendn.g proceedings \.tnder this Ordinance to ef.f..-d a. aubdiivhion of land hereunder fo1• himself or for another. P. Su.bdivisaon~ The di.vision or redivision of a. lot, tract or pa:s:-cel of. land regard- leas of how it is to be used, into two 01· moi-e-lot;o either by pla.t or by met.ea arid bowida description; or the division or redivision of land invohing dedir;;ation c,f. a. new park. · playground, street, or other pubU'1: right-of-way facility; or the vacation, realignment. or any other change in existing streets. all.eye, ea1Scments recreation areas. water or other public improvements or facilities; provided, however, that the following ca.sea sha!l be exempt'.. l. The dhision of iao.d for agrkultura! purposes into parcets great~r than five 15) acres where no new atreeta, roads or other right-of-way a.?'e involved. 99 -3- Z. The dhision of a lot for the purpose of attachment to contiguous tots pl"o- ~,ided .oo residual plot is Left unattended, U:lL PROCEDURES The ioUowing procedures aha.U be foUowed i.n the adm.iniistration of this Ordinance an.d .no real property within the jurisdki!ion of this Ordinance shall be subdivided and offered for sale or a p!at recorded until a pre-applitt:at.io.11 meeting has been held, a preliminary plat has been reviewed and approved a.ad until a final plat has been re- wiewed and appro~J'ed as set forth in the procedures provided herein. Plans of group de\\"eiopments for hous1.ng? commercial, industrial or other uses, or any combina.Hon of uses designed for rent.al purposes. shaU be presented in the same manner as other plate for the review of the Planning Ad"isory Commission and the approval oi the: Coun8:y Board. A. Pre-Applicatio.n Meeting Prior to t.he submission of any plat lor c:onsideratio.n to the Piaruling Advisory Commission u.nder the pro'<•isions of this Ordi.nantt:e. the subdivider shall meet with @.he Adrm.n!etrative Assistant to introduce himself as a potential aubdiv.ider and learn wha.t uhaU be expected of him in such a capacity., B. Preliminary Plat 1. The subdiwider eha.U submit to the Admi.nfi.strative Assistant twelve (.12; copieia of a preliminary plat of his proposed subdivision.. the requirements o! which are as set forth in thh Ordinance. Said preliminary plat ah.aH bP. submitted two {Zfl weeks prior to the ne.x::t regularly scheduled Planning Advisory Commission meeting and shaU be accompanied by a fee of twi::nty five {$25} dollars plua one {$1} dollar for each !ot up to a maximum of one hwidred fifty doHa.ra ($150). 2. Within three p; days of Ms receipt of the prelimim.1.ry plat .from the euh- divider9 the Administrative Assistant shall submit o.ne {1) copy of the pre-• limi.nary plat, t;o the governing bodies of any city. village or borough. the incorporated limits of which lie within two (2: miles o{ the proposed sub· division and to each Town Board of the town wherein the subdivision i1s pro· posed. In addU:ion, one 1 O ~opy sh.aU be retained by-the Administra.ti.ve A1u:istant and one O » copy submitted to each of the foUowi.ng: County Attorneyo Surveyor. Asaeseor. Auditorp appropriate Otter ,Tail SoH and. Water Co.1119,ervation Oietrkt and one eac:h to the public: utility providing eledrk, ga.s and telephone service. Reactions to said plat shall be pre·· sented to the Planning Advisory Commission at the Commiasion1s next, :regularly scheduled meeting. 3. The Planning Ad,isory Commhlsion eha.U review the p1·eliminary pla,t ,~on- sidering the xeadion gained in 2. abO";;'e a.nd also from the sta.ndpohlt of 100 pubHc health. and welfare, tax bala.nce of ind,rntry. agri-cuUw.-e a.ud resi·• dence and coun.t.y plari.ning. Design. Sta.nda:r.ds and Required Improvements aB set forth hereafter may· be waived if similar provisions of a more strid nature are requested from any city,· village~ borough or town required Wlder the terms of this Ordinance to review said subdivision and provided that: such more strid provisions are !.Deluded in a. subdivision c:o.nti·o!s ordi.t1a.nc:e l.egally in force in said c:i.t:y, village, borough. or town. The Commisaion sh.all notil.fy tne owner or subdivider aa to the time aJ'-d plat:e of the Pla.r..ni.ng Advisory Commission meeting at which he shall be afforded a.n opportunity to appear. 4. lf approved~ the .Planni.ng Advi.sory Com.mission vhaU express its appTcvai or conditio.o.a.1 approval and state the conditions of such appro,"2.1, if anyi or if disapproved. shaH expre:!ls its disapproval and its reasons therefor•?. Such app:roval or disapproval shall be transmitted to t:he County Board .. 5. The County Boa.rd shall consider the Planning Advisory Com.rnieaion's at·· tion at. their next reg.u.lar .meeting and shall take appropriate action thereon 6, ApprovaA eb.a.U mean the acceptance of the design as a basis for prepa:,i'a- tion of the final pl2.t~ and the submittal of such final plat !or approval, ·1. The p1•opoaed subdivision development aha.U conforAn to zoning lawa !lr other land \Hie controls in ef.fed. 8. Subaequent approval will be required by the County Boa:rd of aU engineer- ing propoealfl presented in the pre!imina.ry plat which pertain to au.::h things as wa.ter supply, sewage disposal, st:{.lrm drain.age. gas and ele~- tric eervic,e, road gradients and widths aud the surfaci.ng of str.cets prior to the approval of the final plat by the Board. The Board may. ~ter .notifying t;he subdivider, amploy qualified perso_r1e to check and ~eri!y audi propo~itals 0 the coat of such ser~iees to be borne by the subdivider. C. Final Plat 1, The owner or subdivider shall fUe witl:l the Administrative Assistant at lea.st two {Zfi weeks before the next regularly sched.u!ed County Board meeting and within ninety (901 days of the date of the approval tJf the pre•· Uminary plat, five ((5} copiee. of the final plat which shaU conform aub- atan.tially· to the preHminary plat as approvt!d. Final plat approval tlhaH .o.ot be granted to any plat which ia not fUed within the time herein specified; unlesa an extension is requested in writing. to the Cou.nty Board and for good ca.use granted by the Board, 101 2. The aubc:LJ.-i,ider may fiie a final plat limited to such port.Kon Qf the p:relimi- nary plat whlch he p1·oposea t:o record and develop at one time. provided that such portion rimat e;oD.form to aU require1nents o.£ tb.is OrdlnanctL 3.. Tbe CoW1ty Attorney~ Engineer, Surveyor and Ad.miniatrative Assistant shall che~k the final ptat to see t:ha.t it is iA substantial agreement with t.h-e prelimina.:r.y plat a.s a.pprov·ed by t:he Planning Advisory C~nnmiesion and tba.t it m.eett3 all 01.·dinun.r:es and regulationa of the County. 4. Following final plat approval or disapproval by the CoW1t.y Board, the County Auditor shall notify the owner or subdivider o! the Board's adion and withio thirty (30) days thereafter the fina.! plat~ if app1·oved11 shaU be filed with the Count~· Register of. Deeds. A!l'f approvat of the final plat by the Boa.rd ~hat! be null and void if. the plat is not recorded with the RegistE>:t of Deeds of the Cr;iwity within thirty 1;30) da1re after the date of approval 1.1n- less applit:ation fo:r an extension of time is made~ in writing, during said thl.rty (30) day period~ to the County Board and for good ~auae granted bj' th.e Boa.rd, IV, PRESENTATION REQUJREMEN'l'S A. Preliminary Plat L Scale~ One inch equals 100 :feecQ if possible. but not oma.Her tha.n. tl.ne b1ch equals 200 feet, Z. Identification and Description a. Proposed name of. subdivision, which name shaH not duplkat-e th~ name of any plat he:retofore reco:rd~d in the County, b. Location by BectAon. townp range or by other identifying deecriptfon- c. Names a.nd addressa5 of the owner~ subdivider, surve·yor and designer of the plan, d. Graphk scale. e. North Point. f:. Date of Preparation. 3o Exieting conditions in tract and in. sur..-ou.ru'ling a1·ea to a distance of three hundred \ 300} feetc a, Boundary line of pr·oposed subdivi.sionp t"Jearly indicated. 102 -6- b. Total approximate acreage. ,;. Platted etreetsr l"aib:oad rights-oi-•way and uU.Hty easements. d, Bou.nda1·y lines and ownership of adjoining unsubdivided land. e. Sewers, water mainG, culverts or other •u.derground facilities, f. Permanent buildings and etruc.:tures. g. La.keso water courses and marsh areao ,and such other informatiou as soil tests and contours at vertical intervals of not more than two ! 2; feet. if requeated by the Planning Advisory Commi.saion to aid in their review. AU elevation data shall be mean sea level or sotne other a.a oumedg wor kab!e datum. 4. Subdivision Design Features &, Layout and width of proposed streets and utHU:y ease.ment.s showing street na.me~s approximate lot dimonsions, parka and atber pub!k areas. The name _of any street heretofore used within the Post Of!h:e service a1·ea of th.e proposed subdlviaion shaH not be used. u.n!ees tht! proposed street is an extension oi. an a!ready named streetp in which e,rent the .name ahaU be used. The street layout shall indade ali. contiguous land owned or controlled by the subdivider, b-. Propo@e<l use of aU pa.reels O and i1 20.ning change ia c:onte1npiatcd, proposed rezoning. c. Preliminary street grades and drainage pians shall be shown on a copy of the contour map if euch ia requested and found to be .aece11aar,. by the P!.anning Advisory Commission to aid in their review. d. Sta.temeD.t of proposed protec:tive covenants. e. Statement of oou.rce of water flupply. f. Staten1ent of provisions for sewage disposa!~ drainage and flood control. B. l'inal Plat The final plat. sb.a.U include specific:: ref.ere.nee to the following~ 1. Plans for the provision of safe and palatable water. sewage dispoea.l, drainag0 a.nd. flood coni:roL 103 2< Such infoJ~m.:?.tion as found necessary for review and if requested by the Planning Advisory Commission or CoWlty Board of Commissioners, 3" E-..idenc:e that. ground water control is at l.eaat !our (4; feet below the level of finished grades or pla.n for solving ground water problems. 4. Data l"equi:L"ed as set forth i.n Chapter 505. Minnesota Statutes• and aleo the .f0Uowin.g3 All interior and exteri.or boundary lines shall be corret".tly designated c,n the plat and shall show bearings on all straight lines, or angles at aU angle points" and ~entral angle and radii and a:::-c lines for aH curves Durable iron monuments shall be set at: each angle and <·:urve point: on the interior and exterior bou.udeo.1·y Li.nee and. at, a.U block r:orners and at: a.H i.o- te:rmedia.te points on the block or lot lines ir..i.dicating a change of diredion in the Hnes, The plat ehcr.H indit.:.ate that the monuments have been set. 5. An i.dent:Hieation system for al! Aots an.d blocks. AU lots shall be .nwr:,• bered consec:utiveiy, 6. The size ~in square feet.11 and dimensions of a.H lots. 1. Certification by a registe.red land surveyor to the e!fed that the plat re·• preaento a sur\•ey mad~ by hl.xn and th.at m~nurn.ents and markers show.11 thereon exist as loc:ated and that all dimensional and geodeak detail.a are correct. 8. Notarized c:ertifk.ation by owner and by a.r.y mortgage holder of rt1f!ord; ol the adoption of the plat and the dedication of streets and. other pubU.:-a.rt:s~ 9. Certifications shov.ri.ng that all taxes eur.1·e.ntly due on the prope:rty to b~ subdivided have -been paid in full. 10. Form for approval by Registered Land Surveyor: )I hereby ~ertify that I ba,ve reviewed trus pr.at and f'oimd it to 1:>e in ,r:;ompii- .a..nce with the aurveying requh-e1ne.nts 1)f the Su.bdi,;,isbn Controls Ordi.nanu: of Otter •.rail County a.:nd Chapter 505 Minnesota Statutes" . Registered Land Surveyor 1C4 -8- Form for approval by Attorney: l hereby ceri!H'y that proper evidence o! title has bee.n pres~n.ted to a.ad examined by me, and I hereby approve this plat as to form and execution .. Attorney 12. For.m for appro~.rat by County Board· The County Board of Commissioners of Otter Tai! County, Minnesota, th.is ______ , _____ day of ____________ 19_, Signed ________________________ _ Chairman Signed _________________________ _ County Auditor V, DESKGN STANDARDS A. Streets 1. The design of all streets shall be considered in their .relatl1-,n t.o existing and planned streets. to reasonable ci:r.culation of traftlc, t:o topographical condiUons~ to rWloff of storm waters and to tbe proposed uses of the area~ to be served, Z. Where adjoining areas are not subdivided, the arrangement of streets it\ new subdivision.a eha.U nia.ke provision .fut.· the proper projection. of stre-ets, When a. E1ew subdivision a.djoine u.nsubdivided land susceptible o! bei.ng sub- divided, the.ta th.e new street shaU be carried to the boundaries ol such u.n- aubdivided land. 3. F.rhe foHowing width and grade standards of street design shall be observed by the .eubdivider: Minimum. Width Max. Min., _________________ .~_lo_t_lin_e_to_l_o_,L_l_in_e-:1, _____ G_r_a_d_e ___ ~e Highways and Arterial Streets « primary} Collector Streets ( Seco.nda.r y} Local St1·eets (tertiary) 100 to 300 feet 80 feet 8% 66 feet 4, 5. 6. 7. 8, 10. 11. t, Wb.ure nisw st.reet:s e.:ct:end existing adjoir,ing streets. their p.rojections bha~' be at \:he s;;,.rne oi-!lr~·ea.ter wi.dth but in .no caLle less tha.n th~ nunimu.m required wtdth. :.£.arigen~ uf at leaat one hundred 000~ feet in length shall be introdu<.~ed ",~-- tween re'\ferse curves on collector streets and. fifty ~50) feet on leaser ~treeta, J:...~!..~tr~ shall be flO aligned that their u.se by through traffi~ wiU be cUscourageda ~et Jogy wit:h c:entel' line offse~ of iess than. one hwid:red fifty ,._i 50) feet shall be avoided .. Insofar aa pl·adkal., stree_~J.!!!.!!"aectiona sbaH be at right angles a,nd n•). intersection ahall be at .,;.n angle of 1ess tha.u forty-fh:e t.45! degrees. Jt mWJt be ev.Ideneed that ,safe and f;fiident traffic flow is eneouraged, Maximum l.eogth of pe:rmanent ~-~! ehaH be f[ve hu.n.~.re-d ",:5001/ feet measured a.long the cez,ier line from the intersection ~f odgln t;~ end of right-of-way, Each cul-de-fJac ahaU be provided at the ~fo~ed er..d with a tur.n-a~ound having a miz.umum. street propert:y line di.amet~'1:' of ;,m.~ hundred twenty t11ZO;i feet and a ew·ve o:f at least ten {!Or, degrees joining the roadway right-of-way and tu:r.n-a.rowid. Half streets ah.all be prohibited. -- Proposed streets obvio•..sly in alignme11t with existing and n~m.ed stre~b shall bear the names of such existing stre~ta. In no case shall the Qa.n-:,,.: for the proposed st1·eet duplicate existing at!2_~t na.meJ! within the sanie Post Office se:r.vice area, phonetically or lihiraUy. Street S\u■J!.cing done by the developer shall be approved b:-, the County Engineer, P?!!_ate etrce!~. shaH not be approved .nor ab.aU public improvements be app?'Oved for any prtwioualy existing privat:a tJtreet:. Where a proposed plat is adjacent to a primary street or highwayu the County Board .may :t"equire the developer to provide a ~r-~c;:e r£~ alov.g the right-of·•· way of au~h fo.cUity or they may require that lots bark on the thoroughfare,, in which case vehieular and pedestrian acceaa between th~ lots and the st1·eet shaH be prohibitedo 106 I -10- 14c The street a.r1·ange.m.en.ts shall not be such a.s to cau.se ~_!hie_ t2 ownera af adjoiw.ng propert}r i..n platting their own land and providing convenient access to it, 15" :P~,7-Jin£! at street interaectione and curb lines z;baU be ronnded at a radius of not !ess than fifteen O 5} feet. B. Easements L Utilities easements at least ten ¢.10} feet wide shall be provided for utilities where .necessary. They shall be centered on rear and 0th.er fot lines O't' within aUey righta-oi-way. They shall have contillnity of alignment from. blo~k. to block. Al: deilection pointsp easements fo1~ pole line anchors shall be pT"ovided where necessary. Z. Where a subdivis:fon iG traversed by a. wai:Esr course. dt·a.iAage way, channel or at.1·eam, there shall be provided a storm water casement or drainage right-of,~way substanJ;iaUy with the lines of. such water course, together with such fu!"ther width or conotr·u.dion. or both as wiH be ade- quate for storm water :runoff. The eaae1.-x,"ent shall h1'dud.e not o&Aly the stream channel, but also adjoining a.:raa.s that have been subject to flooding in yea.rs of heavy runoff. C::. Blocks 1. Block lengths sha.U not exceed 1~ ZOO fed a.nd. if possibl~, shaH not be lese than 400 feet in length. The use of additional a.ccesaways to schQo!s, parks .and other destin:a.tions may be required .. 2. A block ehaU be so designed as to provide two ~2) tiers of lots of appro-• priate depth uo.leaa it. adjoins a railrcad o:r arterial stre9t or bighwa.y and wuese the rear lot line abuts a different land use, or topographic co.ndi·· ticns necessitate a. aing:A.e tier of lots. In these c:asee t:he lot depth shaU be at least fifteen (15) feet greater than minimum :requirements" D. Lots l" Where possibler aide lot lines shall be at right angle a to straight Unea or radial to cu~ved. street lines. Each lot sha.U front on a. public strei?.t or highway. Lota with frontage on hvo· (2): parallel streets shall be per- mitted only n.nder unusual cireumstances, · Z. Minimu.1:nJ..21._a~ ·within the County shall in all cases conform to zoning regulations in fo,~Cec 3. The:i-e shaU be no .!U.r..?.~t.~~mf:.Hi~~~~S~~~-to a pl'imary street,, and resi- dential lots ehaU be !1epa:ra.tcd from primary streets a.nd ra.ilroad righ.ts- of-way by a twenty-five (25) foot buffer strip in instances where they do 107 .. -11- not front on a aer\.ice road which may be in the fo::.·m of added depth or width of lota backing on or siding on the street or raUroe.d right-of-way. 4. Lot: remnants which a.re below the minimum lot size must be added to ad- jaceJ1f: or surrounding lots rather than be allowed to remain as an unusable out!ot or parcel unless the owner can show plans for the future use of such remnants. E. Natural Features I.n the subdividing of landr due regard shall be shown for a.H natural features which if preserved will add attractiveness and stability to the proposed development. VI,. REQUIRED IMPROVEMENTS Befo,:e the County Board approves a final plat, the subdivider shall give satisfactory assurance of the provision of the following requirements. A. Monuments Steel monuments uha.U be placed at aU block corner, angle point;s9 poin.ts of curves in streets and at intermediate points a.a shown on the fina! plat. AU U.S. stateij coU.Dty or other official benchmal'ke, monuments or triangulation stations in or i'djaceat to the property ahall be preserved in precise posftcion, B. Streets AU the streets shall be improired in accoi-dan.c:e wU:h the engineering specifica~ tio.ns established by tbe Cou.'l.ty Board" · C, . Water Supply Wherever co.ru.1ectio.n with a comm.unity or public water system is poasi.blep the public water sh.all be uaed. In other cases, individual wells shall be uaed. . Either aba.U be provided in acc:ordan.c:e with state and county establiahed apecUi-- cations. D. Sanitary Sewer Wherever trunk line sanitary sewer fadlit_ies a.re available~ the subdivld.er eha.U be required to install aa.v.itary sewers and connect the sa.me to such trU11k line sewers, In other cases, individual se~ge disposal ayscems shall be used. Either shall be provided in accorda.nC!e with atat.e and county established spedfi • cationSo· 108 ·· 12- Su.ch fa.cilit.ies a.11.d ,111se,me.nts 6hv.U be installed as wi.il adequately pro<t1.de £01· the drainage of uu:dt.!'.ce waters. F.. Street Name Signs These ohaH be placed at all street intersectio.ris within or abutting the subdivi- sion an.d shall con.fox-n1 to the standard of design accepted for a.U street na.me signs by the Planning Adviso1·y Commission. G. Spec:ifkati.ona AU of the required improvements sha.ll confo:r.u.1. to engineering standards and spe<!ificatione as required by the County. H. Financing Befor.e a. final plat ia approved by the County Boag-d~ the subdivider ahaU satis- factorily demonstrate how the required improvementa are to be provided. Thie could. take the form of a lette1· of intent to provide tb.e imp:rovem.ents aa the sub- division develops and r:harge the coat against the price of the lots,, assessing the eost of tbe i:mprovements f:() benefitted property where permitted by law0 en~ tering into a (;ash escrow agreement with the Cou.nty9 po,;ting a bond to cover t:he coat of the improvements, or whatever asst1rancee would be acceptable to the County Board. VU. OTHER A. Amendments The Cc,unty Board m.a.y amend the proeedureF., sta.ndardsv :requirements and other provisiona of this Ordiinance upon re~omme.ndatio!'l of the Plaw:dng Advi- sory Commiatdo.n.-The Pfa .. nning Adviso1·y Commieaio.n sh.all hold a pu.blic hearing on th~ propost-:d amendment prior to ref;ommendi.a.g action to the County Board a.e speciHed iu IvISA 394. Z6 and 394. 30, Be Variances and Ex~:eptions Where thflre are practical difi!'ieuitiea or unneceasary hardships in the wa.y of ca1·rying out the strict !ei:te1· of the pl'ovisi.onB of thi& O:rdi.nan.ce9 the County Board eb.a.H have the power. to 'ifa.ry the requirements of this Ordinance i.u har- mony with the general _purpose and intent thereof. 109 -13- C, Buildh1g Permits No building permit slmn b~ issued by any govei·ning official lo,: the conetructfo.t1 of any building~ structure or i;nprovernent on any iand. hence!o:rth subdivided until aH requirements of' this Ordinance have been. fully complied with, D. Validlty li any section~ subsection, sentencep claurH? or ph:r~.se ol this Ordinru:i.ce is for auy reason held. to be i.r~vaHd0 auc:h decision shaH not affect the \.-alidil:y 0£ the rem.a.i.rung porl:i.ons of this Ordinance. E, Enforcement nnd PenaJtiea L This Ordinance shaH be administered and enforced by the Administrative Asdst~.nt who is hereby designated the e.nforc:in.g officer, Z. Any person who unlaw.fuHy violates a.ny a.f the terms or provisions of this Ordinance ab.all be guilty of a nJisdemeano1·, pu.nieba.blc by a fine of not more than one hundl."ed (($100) dollars o:r by imprisonment not: exceeding ninety {90~ days, AU fines for viola.tione shall he paid to the County· Auditor and. sha.H be ,credited to i:he general revenue fund. 3. I.u the eveJ.'lt 0£ a violation or a threatened violation of this Ordinance; the County BoaA"d, i1.1 addition tC1 other remed1ee9 may institute appropriate actions or pro~eedings to p::event, rest:.:ain11 correct.: or abate such viola- tions or thl'e.:.ten.ed ,n.olationsp and it shaU be the duty of the County .Attorney to institute such acti.o.no 4. Any taxpater or taxpayers of the Couniy may institute mandamus p1·0- ceedinga in District Court to compel specific perfor.n.1.ance by the proper official or officials of any duty 1·equired by the Ordinance, F. Appeals/Board of Adjustment 1. The Board of Adjustn.wnt sbaU hear and decide appeals from and review any order, :r.cquiremr,mt. decision or d.el:er.mination made by the Adminis- trative Assistant or. any other official char~ed with the administ:rut.ion of any of the ter1na of this Ordinance. as may arise through the adminitJtra.- tion of this law. 2. A Boa.rd of Adjuatment h, hereby established pursuant to Chapter 559, S,sssio:i,, Laws of Minnesvta 1959~ Section. 394. 270 · 110 -14- ·vm, CONVEYANCE BY METES AND BOUNDS Only one division of land in which the tract is described by metes and bounds shall be permitted unless such tract is at least two hundred (Z00r, .feet i.o width ancl .not lesa th;;i,n t\vo and one half ~;Z-1/2) acres in area.o Any furth~r divif.lion of the remaining land n1ust be by plat duly approved and recorded io. accordance with laws and regula·• ticma in such case made and prmn.ded. Any :such plat: shaU include any adjacent. tract theret:of~re conveyed by metes a.nd bounds. In any case i.n which compliance with the foregoing restrictions will create au u.nnee:esaa.ry hardship and failure to con1ply does not interfere with the purpose of the subdivision regulations, the County Boa.rd may waive such complia.n.ee by adop- tion of a resolution to that effect and the conveyance may then be IEed or recoi·ded, IXo EFFECTIVE DA"l'E Thia Ordinance aha.U be in full fo:tee and effect. u.po.n due passage and publication in the manner provided·blr law. 111 A petition of the State of Minnesota, by N. T. Waldor, its Commissioner of Highways, for the right to make minor alterations or changes in County Ditch No. 5, located in Section 23, Township 133, Range 38, was taken up for final action. following resolution was adopted: After consideration the RESOLVED by the Board of County Commissioners of Otter Tail County, Minnesota, THAT WHEREAS proper. notice was made and all persons interested in said ditch system appeared at said hearing, NOW THEREFORE, the County Board of Commissioners does hereby allow N. T. Waldor, Commissioner of Highways, to make said minor altera- tions as set out in notice of hearing. Adopted this 9th day of April, 1969. ATTEST:~ r/4/~ Chairman Clerk 112 STATE OF MINNESOTA COUNTY OF OTTER TAIL TOWNSHIP OF AURDAHL, A political subdivision of Otter Tail County, Minnesota, IN DISTRICT COURT SEVENTH JUDICIAL DISTRICT Plaintiff, -vs- COUNTY OF OTTER TAIL, a political subdivision of the State of Minnesota. * * * * * * * * * * * * * * * * * * * * * ORDER * * * * * * * * * * * * * * * * * * * * * This cause came on for hearing before the undersigned, oneof the Judges of District Court, Seventh Judicial District, Minnesota at Chambers in the Otter Tail County Court House on the 9th day of April, 1969 on the attached petition and agreement. Charles G. Satterlee, Attorney at Law, Wadena, Minnesota, appeared for and on behalf of the plaintiff and Harlan Nelson, Otter Tail County Attorney, Fergus Falls, Minnesota appeared for and on behalf of the defendant. The Court having carefully considered said agreement and said petition, finding jurisdiction in the premises, and carefully considering all of the surrounding circumstances disclosed by the above named counsel, and on their joint petition and motion, IT IS HEREBY ORDERED that the said compromise, adjustment and settlement of tort claim of the Township of Aurdahl against the County of Otter Tail, on basis of the said County paying the the said Township of Aurdahl the sum $16,500 on the terms and conditions and under the .circumstances as recited in said attached agreement, which is hereby made a part hereof by reference, as if the same was herein set forth in full, the said petition and said agreement are hereby approved in full. Dated: April 9, 1969 FILED -~ 9 1969 MYRTLE E. LOG.t\S CLERK OF DISTRICT COURT OTTER TAIL CuUi~TY. l\11NN. BY THE COURT /.~~~ Judge of District ourt 113 STATE OF MINNESOTA COUNTY OF OTTER TAIL TOWNSHIP OF AURDAHL, a polictal subdivision of Otter Tail County, Minnesota, Plaintiff, -vs- COUNTY OF OTTER TAIL, a political subdivision of the State of Minnesota, * * * * Defendant. * * * * * * * * * * * * PETITION FOR COMPROMISE OF CLAIM THEREOF ** * * * * * * * * * * * IN DISTRICT COURT SEVENTH JUDICIAL DISTRICT FILED APR 9 196!J , MYRTLE E. l0GAS C -'-•'·' '. r;,..:;T;:;J..;T COURT * * * * AND APPROVAL * * * * * * -._ : ·1, r\11~F·I. * * * * Now comes the above named parties and petitions the Court and state as follows; 1. That the parties hereto have entered into an agreement after lenghty negotiations which is attached hereto and made a part hereof. 2. That after careful consideration by the Town Board of the Township of Aurdahl and by the Board of County Commissioners of Otter Tail County, it has been determined that the settlement of of the claim of Aurdahl Township against Otter Tail County on the terms and conditions contained in said attached agreement is in best interest of both said Township and County. 3. That said claim is based on the alleged negligence of the County of Otter Tail, through it's employees in failure to exercise ordinary care in repairing bridge owned by said Aurdahl Township therby causing the same to collapse into the river during the month of August, 1968, which said negligence said County denied. That the attached agreement is in the nature 114 of a compromise, adjustment and settlement of it's potential liability for money damages based on aforementioned tort claim. 4. That no action has been commenced or is pending between the parties hereto which has as it's basis this tort claim. 5. That this petition is brought pursuant to M.S.A. 466.08 for approval of said agreement and covenant not to sue therein contained, by the District Court as required by said statute. WHEREFORE petitioners pray approval of said compromise, adjustment and settlement and covenant not to sue on the terms and conditions set forth in the attached agrement. Dated: April 9, 1969. TOWNSHIP OF AURDAHL ~~~ Charman of Boadof Supervisors Attes Attorney for Town of Aurdahl TY OF OTTER TAIL irman of County Commissioners ~ Attest~n/~ Otter Tail County Attorney Fergus Falls, Minnesota 115 STATE OF MINNESOTA ss. COUNTY OF OTTER TAIL On this 9th day of April, 1969, beforeme, a notary public, within and for said County and State, personally appeared James Bucholz and Kenneth Hanson, to me personally known, who, being each by me duly sworn did sat they are respectively the Chairman of the Board of County Commissioners of Otter Tail County, Minnesota and the Otter Tail County Auditor, of Otter Tail County, a municipal corporation and a political subdivision of the State of Minnesota, named in the foregoing instrument, and that the seal affixed to said instrument is the seal of said County and that said instrument was-signed and sealed in behalf of said County by authority of its Board of County Commissioners and the said James Bucholz and Kenneth Hanson acknowledged said instrument to be the free act and deed of said County. Notary Public, Ottc,r Tail County, Minn. My Co::-amis,ion Expiw3 Jen. 23, 1974 STATE OF MINNESOTA ss. COUNTY OF OTTER TAIL On the 9th day of April, 1969, before me a notary public, within and for said County of Otter Tail, Minnesota, personally appeared Orville Leabo and Helmer Wentzel, to me personally known, who, being each by me duly sworn did say that they are respectively the Chairman of the Board of Sepervisors of the Township of Aurdahl and the Clerk of the Township of Aurdahl, amunicipal corporation and political subdivision of the State of Minnesota, named in the foregoing instrument, and that said municipal corporation has lost its seal and has no seal at this time, however the word seal hereon written shall stand in its stead, and that said seal affixed to said instrument as set forth a~oveis the s~~l of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Supervisors and said Orville Leabo and Helmer Wentzel acknowledged said instrument to be the free act and deed of said Township. Notary PJhlic, C:.'r :'ail ~aunty, Minn. My Comm,asion Expires Jan. 23, I 9 7 4- 116 AGRE.EM ENT THIS AGREEMENT, entered into this _£.t.b day of April , 19 69, by and between the COUNTY OF OTTER TAIL, a municipal corporation and. political subdivision under the laws of the State of Minnesota, party of the first part, and the TOWNSHIP OF AURDAL, a municipal corporation and political subdivision under the laws of the State of Minnesota, and located and situated within the County of Otter Tail, party of the second part, witnessetq: WHEREAS, during the month of August, 1968, pursuant to agree- ment, the County of Otter Tail undertook the repair of a certain bridge located in the Township of Aurdal, and owned by the Township of Aurdal, located and situated in Section 19 of Aurdal Township, and that during the repair of said bridge it was caused to collapse into the Otter Tail River; and WHEREAS, the County of Otter Tail has indicated its intention to restore the bridge to the condition it was in at the time the same collapsed by calling for bids for said restoration, which said bids were opened on April 8, 1969, and WHEREAS, upon receipt of said bids the County of Otter Tail determined that the cost thereof was in excess of what said County felt responsible to expend to the Township of Aurdal or on behalf of Aurdal Township in connection with the restoration of said bridge, NOW THEREFORE, in consideration of the payment of the sum of · $ $16,500.00 , the receipt of which is hereby acknowledged by party of the second part, its successors and assigns, second party expressly convenants and agrees forever to refrain from bringing suit or proceed- employees, agents ing at law or in equity against the County of Otter Tail, its/successors or assigns, either severally or jointly with any other person, on ac- count of any and all claims, demands, damages, ~osts, loss of services, and all known and unknown injuries and property damage resulting from the collapse of the Aurdal Township bridge over the Otter Tail River in Section 19 of Aurdal Township on the day of August , 19 68. ----~r-------------- 117 . . . ' . . That it is hereby futher understood and agreed by and between the parties hereto that the County of Otter Tail does not admit any liability whatsoever to the Township of Aurdahl for the collapse of said bridge, nor shall this compromise of said claim be construed as such admission. That it is further understood and agreed that this agreement shall have no force and effect whatsoever unless the attached petition for approval of compromise of claim is submitted to the District Court, Seventh Judicial District, Minnesota and is by said District Court in all things approved. In Witness whereof we have hereunto set our hands and caused these presents to be executed by the proper officers of the respective parties, the year and date first aboVe written. COUNTY OF OTTER TAIL aunty Boar f mmissioners Attest ~ County Auditor · TOWNSHIP OF AURDAHL 118 STATE OF MINNESOTA ss. COUNTY OF OTTER TAIL On this 9th day of April, 1969, beforeme, a notary public, within and for said County and State, personally appeared James Bucholz and Kenneth Hanson, to me personally known, who, being each by me duly sworn did sat they are respectively the Chairman of the Board of County Commissioners of Otter Tail County, Minnesota and the Otter Tail County Auditor, of Otter Tail County, a municipal corporation and a political subdivision of the State of Minnesota, named in the foregoing instrument, and that the seal affixed to said instrument is the seal of said County and that said instrument was signed and sealed in behalf of said County by authority of its Board of County Commissioners and the said James Bucholz and Kenneth Hanson acknowledged said instrument to be the free act and deed of said County. STATE OF MINNESOTA ss. COUNTY OF OTTER TAIL 72rat177?iC~ MARGORY L. ANDERSON flotary Public, Cncr T,d Cc~mty, Minn. My Commis:_,;,,n E:-pin,a J.n. 23, 1974 On the 9th day of April, 1969, before me a notary public, within and for said County of Otter Tail, Minnesota, personally appeared Orville Leabo and Helmer Wentzel, to me personally known, who, being each by me duly sworn did say that they are respectively the Chairman of the Board of Sapervisors of the Township of Aurdahl and the Clerk of the Township of Aurdahl, amunicipal corporation and political subdivision of the State of Minnesota, named in the foregoing instrument, and that said municipal corporation has lost its seal and has no seal at this time, however the word seal hereon written shall stand in its stead, and that said seal affixed to said instrument as set forth apoveis the se~l of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Supervisors and said Orville Leabo and Helmer Wentzel acknowledged said instrument to be the free act and deed of said Township. 119 .P.!<.cc::y L. A N0::::I1.SON ,Sotary Public, Ctt~r ·;~,,a Co•mty, Minn. ldy Commission E,:r,;rea jan. 23, 1974 The Aurdal Town Board, together with their attorney, Charles Saterlee, appeared before the Board regarding Bridge #37 in Aurdal Township. Motion was made by Benaie Johnson, seconded by Andy Leitch and unanimously carried to reject the two bridge bids as presented. Motion was made by Bennie 3ohnson1, seconded by Andy Leitch and carried to pay the Township of Aurdal $16,500 out of the Road & Bridge Fmid for the bridge. Motion was made by John Snowberg, seconded by Bennie Johnson, and wianimously carried, to ze-appoint Wendell Huber as Comity Highway Engineer for a period of four years, beginning May 1st, 1969. Motion was made by Otto Haase, seconded by Bennie Johnson and mianimous- ly carried to vacate Comity Road #23 in Section 33, Bluffton Township. The Cowity Att~rney is to draw up papers on vacation and sale of bridge. Motion was made by Bennie Johnson, seconded by Andy Leitch and miani- mously carried to raise the rental rate to $7.50 for dragging and $9.00 for snow-plowing, effective May 1, 1969 A petition of the Town Board of Dead Lake Township was re1:1:d for division of responsibilities of portion of road taken by Otter Tail County and it was ordered a hearing be held at 2:00 P.M., Tuesday, May 13th~ 1969. A petition of in~erestedrpartiesirequesting a county road over and across certain parcels in Sections 28 and 29 of Amor Township was read and it was ordered a hearing be held at 3:00 P.M., Tuesday, May 13th, 1969. The Board approved the application of A. W. Torgerson, for permit to allow consumption and display of intoxicating liquor at Leaf Lake Recreation in Leaf Lake Township. The Board approved the application of Duane~c. Frost for on sale intoxicating liquor license at Bud's Supper Club in Newton Township. 120 Motion was made by Bennie Johnson, seconded by Andy Leitch, and unan- imously carried, appointing the County Sheriff to serve on the committee of the Governor's Omnibus Crime Bill. Motion was made by Andy Leitch, seconded by John Snowberg and unani- mously carried to reject the payment of auto insurance for Bus for the Office of Economic Opportunities. Motion was made by Andy Leitch, seconded by John Snowberg and unani- mously carried to transfer $10,000.00 from the County Building Fund to the funds as follows: Nursing Home Construction County Nursing Home Account $2,927.03 7,072.97 Motion was made by Otto Haase, seconded by Andy Leitch and unanimously carried to approve the following applications for beer licenses: David Trana Duane Donley Hazel Rogert Edwin C. Prescher Reinhold Koehn Edgar Splittstoesser Gusto£ Weiss Anne V. Stoll Sylvia R. Koski Harlan Ebbighausen A. W. Torgerson Clifford Haukos Donald Schroeder Eddie Coppin Kenneth McNabb Floyd Collins Henry Scheuble David & Louise ReSll't Leaf Lake Township Donley's Sunrise Resort Dead Lake Township Colonial Motel Perham Township Balmoral Resort . Otter Tail Township Rest N' Reel Resrt Everts Township South Turtle Lake Res~rt Sverdrup Township Shady Grove Resort Rush Lake Township North Shore Resort Dead Lake Township Grocery Store Leaf Lake Township Chub's Bait & Red Hut Inn Sverdrup Township Leaf Lake Rec. , Inc. Leaf Lake Township Last Resort Elizabeth Township Schroeders Resort Elizabeth Township Resort Friberg Township Crystal Lida Store & Resort Lida Township Collins Landing Start Lake Township Wildwood Beach Resort Dora Township 121 Kenneth Hunter Carl Rickert Ernest J. Strehlow Jack Hofland Josph H. Fink Wilmar Roberts Charles E. Lewis Paul C. Anderson Myron M. Moberg Walter P. Klein, Sr. Kenneth Van Tassel Herbert Christensen Arnold Hemquist George L. Mallinson Cliff Schroeder Arvid Tenney Ida T. Panek Albert Turchin Joseph H. Fink Wagon Wheel Resort Rickert's Resort Spruce Lodge Countryside Grocery Midway Service Red Eye Tavern Rockey's Resort Perry's Place M & M Resort Klein's Resort Greenwood Resort 131 Club Balmoral Golf Course Twin Harbor Trailer Park Pleasure Park Resort Hi Way Park Store & Pav. Holiday Haven Al's Place Midway Service Otto Township Star Lake Township Star Lake Township Corliss Township Gorman Township Butler Township Dora Township Dora Township Dora Townshipi:1 Rush Lake Township Otter Tail Township Otter Tail Township Otter Tail Townshipc:,,-;::_i. Otter Tail Township Otter Tail Townshipi 1· Elmo Township Girard Township Elmo Township Gorman Township Motion was made by Andy Leitch, seconded by John Snowberg and carried to approve the applications for dance licenses as follows: Clifford Haukos Arvid Tenney Pearl Morse Melvin Baas Ed Drescher A. W. Torgerson Reinhold Koehn Last Resort Hi Way Park Store & Pav. Parkway Inn Triangle Dance Club Balmoral Resort Leaf Lake Ballroom Rest N' Reel Resort 122 Elizabeth Township Elmo Township Leaf Mountain Township Rush Lake Township Otter Tail Township Leaf Lake Township Everts Township I ?:he following Carlton E Horte Carlton E Mortensen Carlton E Mortensen Merle Bacon John B Halvorson Donald Lee James LeRoy Glen Melby Sidney Nelson w_ore allowed: Lake Region Hospital Western Union Carpenters Hardware Coopers Office Supply Lake Region Sheltered Workshop Molter Fire Extingisher Sales Photo Center Western Chemical Co White Drug Jim Larson Ford Dave's Standard Ottertail Coop Oil Marv's 66 Twin's Motors Mayos Standard Perham Coop Oil Park Region Oil Gene's Standard Service Nundahl Oil Nundahl Oil Otter Tail Ski.,:& Sport Shop James Bucholz Otto Haase Bennie J Johnson Andy Leitch Kenneth Clamby Frank Roberts Laura Hotchkiss Boarding of Prisioners Mileage & F.xpense Postage Mileage & Subsistence Subsistence II Mileage & Subsistence II II II It Care of Prisioners Telegram Supplies II II II Film & Finishing Supplies II Parts, services etc Gas & .!:'arts Gas II II II II II Gas & Oil II II Boat & Water Safety Boat & Water Safety Mileage & Expense II II II II II Weed & Seed Inspecter II II II W.O.T. Soil & Water 620.00 232.20 54.90 298.25 72.00 60.00 404.50 319.84 225.00 75.19 4.23 4.48 5.17 8.00 15.90 14.16 62.50 6.63 153.95 36.99 30.98 9.21 11.76 4.03 40.39 5.93 28.10 173.18 21.14 345.67 45.02 30.96 15.90 6.60 401.20 203.00 123 196.56 )/ ·Ambrose Klinn Rodger Heidorn Dennis Greenwaldt Ed Skoglund Duane Donley Herman Enslin Jeff Tikkanen Eugene Davenport Harris Iverson K. W. Hanson George Nelson George Nelson Arthur D Boehne Helen Skramstad Helen Skramstad Vernon Bachman Vernon Bachman Vernon Bachman Mrs O.E. Trosvik Robert Oslund Robert B Oslund Clarence Berg Arthur Bakken Dale E Radke Sears Roebuck Allstate San. & Maint. Supply Edgetown Lumber Daycoa United Chemical Co General Trading Gambles Kimber Awning Somers Carpet & Installation University of Iviinn. Minn. State Sheriff Assoc. Gordon H Potter~ Assoc. Kroneman Ins. Co W.O.T. Sail & Water E.O.T. Soil & Water II II II II II II II II II II II II II II II Meeting Expense etc. Assessor School, Mileage, etc. Mileage Mileage Postage Mileage & Expense Association Meeting Expense Postage Cash Advanced Postage Mileage & Expense Co. Supt. Clerk Services Telephone Service Mileage Screening Comm. Expense Extra Janitor Humidl ifier Supplies II II II II II fl II Fee for Assessor School Membership Dues Copy of Transcript Assessor Bond 124 400.00 200.00 53.62 54.45 23.78 23.40 61.65 111.85 95.20 3.75 15.90 23.70 193.90 31.25 60.00 25.00 42.40 21.61 9.60 1,460.50 15.60 161.80 5.60 124.00 93.35 29.55 349.52 64.09 75.75 1.20 1.53 2.10 3.83 70.00 50.00 38.25 20.00 3 ·village of Pe Northwestern Bell Telep. Co Northwestern Bell Telephone Co Esther lYiortensen Esther .iViortensen Eunice LeRoy Ivan E 0 igler Everett C Ham.son City Of Fergus Falls Victor Lundeen Poucher Printing & Lithograping Co Security Blank Book & Printing Midwest Carbon Co Stem & Em Drug Nelson Bros. Coopers Supply S.C.M. Corp. Miller Davis Co. Davenport's West Publishing Co Xerox Lee Is Saw Shop Sherwin Williams Fergus F'alls Daily .Journal Northwestern Pub. Co Pelican Rapids Press Northwestern Pub. Co Henning Advocate Burroughs Corporation Dorthy Johnson Lorna McCabe Ruth Johnson Joyce Lindgren Gloria Opatz Donna J Quam Mary Ann EIP.mel Verlie Grovef Doris Jorgenson Rent Co. ltgent Calls Matron Fees II II II II ceoroner Is Fee.ll II Court Costs Supplies II II II II II II II II II II Minn.ST PP Services Signs Paint Publications II II II II Check Protector Nurse Mileage & Expense II II II It II II II II II II It II II ft II Home Health Aide II II II II II II 60.00 74.42 118.87 50.00 15.00 10.00 25.25 50.00 468.00 655.35 1,187.66 379.11 4.96 3.03 670.90 45.40 90.00 88.97 32.88 57.50 312.91 24.95 8.38 768.14 14.00 1,630.80 88.80 12.00 3253.00 52.03 71.05 61.43 13.43 6.68 36.15 20.93 18.00 22.88 1Z5 E. Lucille ~~r·i..·•·· .. ",>_-,-, , "-• Ina McLaughlin ·· Edna M Nelson Pearl Ronning Mrs Earl Sonmore V Selma Swensrude Mrs Edward Edwards Mrs John Steblay Mrs !tobert Johnson Mrs Ed Skoglund Wanek Locksmith Amon Peterson :,c ,--:; /~. ·'· Cooper's Office Supply E.O.T. Telephone Co Village of Perham Philip Kjaglien Philip Kjaglien Rachel Estrem Straub Co Public Utilites Dept Northerwestern Bell Telep. Co Fergus Hardware Victor Lundeen & Vo '!'reek Photographic Inc. Nelson Bros Printing Cooper's R.L Polk & Co Fergus Falls Med. Group Mineral Springs Township Of Inman Township Of Paddock Home Heal.th Aide II II II II II II II II II II II II II II II II II II Nursing Board Expense II II II II II II Keys Nurse Administator Expense Supplies Services Rent Mileage & Expense Machine Rental & Postage Mileage Rent Monthly Billing Calls Supplies II Services Supplies II Directory Service Poor II II II 126 • .39.60 ,. ' -- 20.33 23.85 9.00 42.75 57.68 18.63 7-35 5.10 7.80 1.50 26.79 10.79 14.38 3~.00 73.35 6.oo 6.50 50.00 5.02 36.66 4.ll 30.44 76.51 198.85 17.05 25.00 ·, ·' 15.00 270.00 218.81 204.09 .( ,, ..... · --~-.· ; ~··-··~ ... _,.-,,/'-' Cummins Diese s Inc. F.W.D. Corp. Garwood Twin Cities Truck Equip. Hall Equipment lnc. Interstate Diesel Inc. Klauver Mfg. Co Road }'.i:achinery & Supplies George T Ryan Co. Ziegler Inc. Ebersviller ~nc. Farm Center Welding International Harvester Larson Welding Mar lo Motors Olson Auto Electric Don Zitzow Electric Paper Calmenson & Co Kennedy's Firestone Store Leo M Cichy City of Fergus Falls Village of Henning Village of Henning United Laboratories Inc. Coast to Coast Store Fergus Dodge Inc. Gambles Henning General Trading Madsen's Food ~tore Olson Hdwe ~ Plbg. Sigel.man Hide & Fur Co Welders Equipment Wilcox Lumber Co Henning Parts II II II II II II II II Repairs II II II II II Cutting Edges Scales Tires Well Drilling Maintenance Rent & Electric Service Garage Rental Supplies II II II II II II II II II Wilcox irum.ber Co New York VJ.ills 11 Fergus Journal Co. Ad for Bids Otter Tail Power Co Prints Allison & Co Workmen's Compensation 12 3.25 ... 4l5.07 167.71 479.46 34.82 127.09 238.46 398.79 272.36 22.74 3.00 357.59 ll.50 13.60 74.51 21.81 2.,292.5, 1,302.85 23.25 608.14 561.25 119.14 309.00 \ 84.25 30.27 13.20 12.56 240.70 14.17 9.30 46.75 52.32 112.71 7.00 14.70 2.10 10.,723.00 6 .. .,. s.c.M. Gorpor. :tfonroe International Inc. Albinson Inc. Mpls Blue Printing Co Davenport's Stationery Poucher Printing & Lithographing R.R Yates E.O.T. Telephone Co Eidwest Telephone Co N.W. Bell Telephone Co Pelican Telephone Co N. W. Bell Telephone Co Wadena Wendell P Huber v,lendell P Huber Baas Oil Co Bengtson Oil Co Consumer Co-op Oil Battle Lake Consumers Co-op Oil Henning Dave's Standard Service Henning Farmers Co-op Cry Assn Fossen Oil Co Hi-Way Auto & Impl. Co Jim's Service Station Nundahl Oil Co Service Oil Co Battle Lake S & F Oil Co D-A Lubricant Co Inc. Soliah & Braatz Arrow Petroleum Bluffton Oil Co Erhard Oil Co Park hegion Oil Co Standard Oil Co Pelican Rapids The Oil Store Perham Co-op Oil Co Standard Oil Co Parkers Prairie Machine Maintenance II Rental Supplies II II II II Service & Tolls II II II II II II II II Expense3 Cash Advanced Gas etc. II II Gas:oline Gas etc II II II II Gasoline Gas etc II II II II II II II II Oil Grease Diesel Fuel II II II II II II II II Fuell Oil II II II II 128 72.00 54.00 40.86 329.54 70.19 86.54 4.10 32.52 11.20 106.30 22.47 14.18 71.36 5.25 560.00 80.15 54.38 89.91 45.93 441.49 11.37 243.27 155.50 123.15 118.02 962.22 236.25 7.35 173.64 81.50 362.00 114.59 71.61 60.00 81.51 80.10 t. Bordon :Mittel RjW 62.20 Mrs Clara E Meyer R/W 16.20 Peter Fabian R/W 19.00 Harold Skistad R/W 59.60 Donald Bergman R/W 84.33 Mrs E:n.il Brasel R/W 37.20 George C Wallace R/W 57.13 Mrs Lenora Hartwig R/W 54.40 Louis Matz R/W 13.00 Fronie Steinbach R/W 27.78 Ben Matz R/W 48.30 Walter Matz , R/W 430.00 Reuben Matz R/W 381.50 Norman Johnson R/W 6.60 Ferdinand Wanderi R/W ?6.80 Mrs Bertha Hofland R/W 1.00 N.W. Bell Telphone Co Service & Tolls 37.68 Pelican Rapids Fire Dept Fire Call 50.00 Upon motion the meeting adjourned to 10:00 A.M.o'clock, Tuesday, Mayl3th, 1969. Chairman ATTEST: Clerk 129 -- STATE OF-MINNESOTA) . )ss. COUNTY OF OTTER TAIL) . The undersigned, who are a majority of the members of the Board of County Commission era of said County, certify that we .deem it necessary for the beat interestei of the County, that a special · meeting of the B~rd be held for the transaction of the following business, to-wit: To appoint a caretaker for Phelps.Mill. Therefore we do her~by call a special _Meeting or·· said ~ard to be held at the Commissioner .Room in the City of Fel_'gus Falls in mid County,. on -------~--the / Z vJ'f day of . ~.idZ · . 19~·at . . o'clock_ M. on said day and .that the undersigned Commissioners hereby waive any requirements of notices as r~quired by law. Dated·. this