If you thought that the issue of County Road 55 was dead, you would be mistaken.

The Todd County Board of Commissioners received two separate petitions about the road during their regular meeting on March 18. No public comment was received on either.

One was basically a petition to save the road through following the countyís comprehensive plan which defines two scenic highway routes through the county, one of which has a loop through the southwestern portion of Todd County and includes County Road 55. This was presented by Attorney Randy Brown.

The other was basically a petition to vacate the road presented by Jackie Rodriguez and Julie Carlson, landowners along CR 55 who wish to see the road vacated.

Brown, in presenting the first petition, said he was representing landowner Ellsworth Johnson. He cited the rustic road statute and that CR 55 fits the description of this type of road.

ìMr. Johnson will spend his own money to get the road put on the National Historic Register,î said Brown.
He said that Johnson has previous experience doing this sort of work.

This petition has been signed by 346 people, according to Brown.

ìWill the county board support his (Johnsonís) effort to eventually have the road listed on the register?î asked Brown.

He said the road could represent tourism, financially help the county, help the city of Osakis and be beneficial to the residents of the county.

ìThis road has emotional significance with the people of Todd County. We realize some owners would like to see it diminished. We would like it to be a rustic road and see it maintain its current character,î said Brown.

If the road were to be declared a rustic road and/or put on the National Historic Register, the county would still own it. There would not be additional funding to help with the maintenance of the road either, only local levy dollars could be used on it.

Rodriguez also presented a petition to the board asking for approximately one mile of CR 55 to be vacated.
She said that the majority of the landowners on the road have signed it, except for two.

ìThis is not tied to development,î she said.
What it is tied to is safety. Rodriguez said that even though the posted speed is 30 miles per hour, many drivers go much faster. They also drive through her property as a shortcut to get from CR55 to Highway 27.

She said there would be no cost to the county to remove the road and that its removal would increase property values.

Through the use of several easements, many of which are already signed, all the property owners would have access to Highway 27.

ìWe know there are people opposed and they come to you with 100s of signatures, but this is the will of the people (who live here). The people who live here could come to you with all of our friends signing petitions, too,î said Rodriguez.

Two residents along the road have not signed the petition. They are Ellsworth Johnson and Charlotte Carlson.ìCharlotte has cancer and this is not an important issue to her,î said Rodriguez.

The board acknowledged receipt of this petition as well as the other petition. No action was taken at this time.

 Auditor/Treasurer

Approved renewal of 11 liquor licenses for various establishments throughout the county.

Public Works

Approved the turn back of the old State Highway 10 through the city of Staples. The city of Staples will be responsible for the road.

Planning and Zoning/Declaration

The recision of the Todd County Planning and Zoning declaration was tabled after some discussion by both the former landowner and the new landowner of property near Lake Osakis.

A subdivision was created by Darwin Sibell, known as Sibellís Subdivision in 1999. It was approved with the stipulation in declaration form that ownership of Lot 1, Block 1 shall at all times be concurrent with the ownership of Lot 1, Block 2 and that ownership of Lot 2, Block 1 shall at all times be concurrent with the ownership of Lot 2, Block 2 and that neither of these two lots could be separated unless a public road were constructed completely to an existing public maintained road.

When this subdivision was created, shoreland ordinances required a minimum lot width at the front lot line of no less than 100 feet.

Sibell sold the land in 2004.

In December 2005 ordinance changes went into effect that no longer required the 100 feet. Now the requirement is only 50 feet.

That gave the new owners the opportunity under the changed ordinance to split the lots.

The problem is Sibell was told he could never split the lots. The declaration that this could not be done was recorded on the deed.

The new landowner is wanting to split the lots into two fifty foot lots and according to the ordinance, they can do so.

Both the former landowner and the new landowners were at the meeting.

Because there was no legal counsel at the meeting, Chairman Randy Neumann felt they should table the discussion.

Board Member David Kircher asked, ìWhat authority does a county board have to rescind a recorded document?î

Sibell said his lawyer hopes the board rescinds the declaration, because then he has a job.

Conversely, the new landowner, Tom Sly said that because they are meeting all the regulations and ordinances, their rights are being denied.

The resolution was tabled.

Planning and Zoning

Approved allowing farming of tillable land on a platted property known as Saddleback Ridge at Pauley Lake.

Approved the final plat of Victory Shores.

Approved a Conditional Use Permit for a wind turbine for Jeffrey Kobliska.

Solid Waste

Approved signing a contract for household hazardous waste which gives the county a $5000 annual stipend which helps offset disposal costs.

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