Koochiching County Board Minutes

Board Minutes

for

October 13, 2009

REGULAR MEETING OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS
Held on Tuesday, October 13, 2009; 10:25 a.m.

OTHERS IN ATTENDANCE: Terry Glowack, Ed Oerichbauer, Jaci Nagle, Dennis Hummitzsch, Doug Grindall, Aarden Barnes, Mike Malachi, Matt Gouin, Mr. and Mrs. Ronald Nelson; Reporter Laurel Beager

2009/10-18 Motion by Adee, seconded by McBride to approve the agenda with additions and deletions. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/10-19 Motion by McBride, seconded by Pavleck to approve the minutes from the October 6, 2009 Regular County Board meeting. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/10-20 Motion by Lepper, seconded by Adee authorizing the Board Chair’s signature to the September Vendor Payment Listing verifying its review; to approve payment of the Courthouse claims in the amount of $77,937.49; to approve payment of the Highway claims in the amount of $49,390.46. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

0000 The Board agreed to have the Board Chair work with the City Clerk to find a Tuesday date for the County Board to meet in Littlefork at the request of the Littlefork City Council.

2009/10-21 Motion by Lepper, seconded by Adee to approve a one-day On Sale 3.2% Malt Liquor License for Anton Imhof, for the Cingmars Farmers Club, for the annual Deer Hunters Dance on November 7, 2009 as recommended by the County License Committee. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

000 The Board reviewed a proposal to restore the Williams Town Hall, which is a 1904 school building and the only remaining in-tact historic school building in Koochiching County. The facility sits on county land and was previously used as a voting precinct. The foundation of the building requires repair to utilize the facility as a community center and historic visiting site. The cost is estimated at $30,000 but until work is actually started and the building is lifted, the full scope of the foundation condition and repair is not known. The Con Con Advisory Committee was split on whether to invest in the facility so asked the County Board to weigh in on the decision. The cost for the renovation would be covered by funds in the County Development Fund. Board members stated that since the dollars reserved in the County Development Fund are restricted to expenditure in the Con Con area where this facility is located and the funds are available, the historic building restoration should be supported.

2009/10-22 Motion by McBride, seconded by Lepper to approve expenditure up to $30,000 from the County Development Fund (to be incorporated into the 2010 County Development Budget) for restoration of the Williams Town Hall as a County Historic Site and to approve the quote for the restoration work from Up North Builders at a cost not to exceed $30,000 with the intent that if more restoration work is needed than what is submitted in the quote, the project needs to come back to the Board for further review. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/10-23 Motion by Pavleck, seconded by Lepper to approve out of county travel for the GIS Specialist to attend ESRI training in Brookfield, WI from December 8 through 12, 2009 for browser based GIS applications as recommended by the I.S. Manager and as provided for in the 2009 IS Training Budget. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/10-24 Motion by Lepper, seconded by McBride to approve expenditure up to $15,300 for the purchase and installation of a new mail server as planned for in the 2009 I.S. Budget and as recommended by the I.S. Manager. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/10-25 Motion by Lepper, seconded by McBride to set the 2010 timber auction dates as recommended by the Land Commissioner: January 20, May 5, August 4 and November 17.
Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/10-26 Motion by Lepper, seconded by Adee to accept the recommendation of the Highway Engineer and Land Commissioner to designate the Finn Forestry Road as an Unorganized Township Road from TH 217 to approximately 2,663 feet north. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

000 The Highway Engineer provided the Board two options for repair of the Bike Trail between International Falls and Ranier, which was constructed in 1970 with federal funds and since had two overlays with County funds. The first option is to do another overlay at the cost of $158,000 in county funds. The second option is to widen the trail for safety purposes through an application for 2014 Transportation Enhancement Funds, estimated at $330,000 with a 20% local match requirement.

2009/10-27 Motion by Lepper, seconded by Pavleck accepting the recommendation of the Highway Engineer to apply for 2014 Transportation Enhancement Funds to repair and widen the Bike Trail between International Falls and Ranier understanding there is a twenty percent local match requirement if the funding is approved. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

000 The Highway Engineer again presented the proposal from Boise for a 5 year easement to the County turning over their road between TH 332 and TH 11 as a public road to relieve traffic on the Burner Road. Board members discussed whether a draft easement has been prepared and reviewed by legal counsel for the County and if Board action on the proposal shouldn’t be deferred one week so that it doesn’t convolute the request to the City of International Falls from the County to approve the Hwy 332 $3.5 million Turnback and CSAH designation proposal.

2009/10-28 Motion by Pavleck, seconded by Adee to table action on the Boise 5 Year Road Easement proposal until the October 20th County Board meeting. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

000 The Board Chair called for public comment at 11:20 a.m. Aarden Barnes again inquired on a by-pass road for Ranier due to the length of time CN trains block traffic in the city. With no other comment, the Board recessed for lunch.

000 The Board Chair opened a public hearing at 1:35 p.m. for the purpose of hearing public comment on the County Board’s intent to reconsider the legal description for the beginning point of the Jacboson Cartway Route as determined in County Board Resolution 2009/09-34 due to the legal description not describing the County’s understanding and intent of the Cartway’s beginning. Mr. Nelson and the Viewers acknowledged that the beginning point as revised is agreed upon and describes the intended beginning point of the County Board at the site visit. Mr. Nelson inquired as to the level of County oversight and responsibility for the construction and maintenance of the Cartway. With no other comment, the Board closed the hearing at 1:50 p.m.

2009/10-29 Motion by Adee, seconded by Lepper that at a second hearing on the Petition of Thomas Jacobson for the establishment of a cartway, the Board of Commissioners for Koochiching County hereby revise Board Resolution 2009/09-34 for a revised legal description for the beginning point of the Cartway:

That a Petition was properly presented to the County Board by Thomas Jacobson to establish a 33 foot wide cartway for ingress and egress, over and across those portions of Government Lots 8, 9, and 14, Section 25, Township 69 North, Range 27 West, Koochiching County, Minnesota.

That said tracts constitute at least 5 acres of land and the owner thereof has no access except over the lands of others to connect it with a public road.

That the most feasible cartway petitioned for would be constituted by a cartway consisting of a 33 foot wide cartway for ingress and egress, over and across those portions of Government Lots 8, 9, and 14, Section 25, Township 69 North, Range 27 West, Koochiching County, Minnesota, the centerline of said cartway is described as follows: Beginning at a point on County State Aid Highway No. 1 at Engineer P.T. Stationing 198+14.87; thence in an east-southeasterly direction to the intersection with the east line of said Government Lot 14, and said centerline there terminating. Said approximate centerline is defined by a blue/white and pink flagged line. The intention of this description is to give an approximate location of the proposed cartway. It is subject to change after a survey has been completed.

That as a precondition to the establishment of said cartway, the following is required of Petitioner:
a. That a survey of said cartway by a registered land surveyor should be filed with Koochiching County and that Petitioner save Koochiching County harmless from any challenge to said survey by United States Bureau of Land Management.

b. A certificate of title of persons having any interest in the land upon which said cartway is to be situated.

c. A certification that construction of the proposed cartway will not violate the Wetland Conservation Act and does not require filling or draining of wetlands. In the alternative, petitioner shall provide for the lawful replacement of any wetlands involved.

d. Petitioner shall submit road design to Koochiching County Engineer for determination of whether construction of the cartway would alter natural drainage for which the establishment of the cartway may cause Koochiching County to be liable.

e. Petitioner has deposited with Koochiching County the sum of $10,000 as required under County Board Motion 2009/09-06 to apply toward the cost of Koochiching County assessing damages to the owners of property over which said cartway will lie, for surveying of the cartway route and other professional or fee costs incurred by the County. In addition, the cash security deposit will cover the County costs in the event that an appeal of the damage award is made.

f. Upon the filing of such award, Petitioner shall deposit with Koochiching County the sum of 125% of the damages so awarded.

BE IT FURTHER RESOLVED, that upon completion of the above conditions, compliance herewith shall be certified to Koochiching County by Petitioner following which Koochiching County shall grant the cartway. Voting yes: Hanson, McBride, Adee, Lepper, Pavleck. Motion carried.

2009/10-30 Motion by Adee, seconded by McBride to adjourn the meeting at 1:50 p.m. Voting yes: Hanson, McBride, Adee, Lepper; absent for vote: Pavleck. Motion carried