03-07-2005 Minutes - Laserfiche WebLink

Ditch Reconstruction Minutes-March 7, 2005 1 CASS COUNTY HIGHWAY 34 DITCH RECONSTRUCTION MARCH 7, 2005--9:10 AM 1. MEETING TO ORDER A meeting was called to order on Monday, March 7, 2005, at 9:10 AM in the Commission Room, Cass County Courthouse to discuss a ditch reconstruction project along Cass County Highway 34 in Gunkel Township. The following were present: Commissioner Ken Pawluk; Assistant State's Attorney Trent Mahler; Attorney Craig Johnson representing Roger and Greg Nelson; Moore Engineering representative Jeff Volk; Attorney Jay Carlson, Ohnstad Twichell; and County Engineer Keith Berndt. Also present were interested land owners and North Cass Water Board members. 2. DISCUSSION Mr. Berndt said a permit to reconstruct the south road ditch of Cass County Highway 34 in Sections 20,21 and 22 was applied for by Roger Nelson in 1996. The Original permit was issued to complete improvements in the south highway ditch in Sections 20,21, and 22 west of the Elm River in Gunkel Township. Culverts were replaced and some work was completed in Sections 20 and 21. The culverts in Section 22 were not replaced. The work that was done in 1996 and subsequent years did not construct the south road in-slope as required by the permit. A 1 page handout that had been prepared by Jeff Volk from Moore Engineering entitled "Cass County Highway 34 Channel (South Road Ditch) Reconstruction" was distributed. Mr. Berndt discussed the two alternatives listed on the handout. The first alternative would be to complete the channel reconstruction according to the original permit, and estimated at a total cost of $410,000. It will cost $250,000 to complete Section 20 and 21 and $160,000 to reconstruct the road ditch through Section 22 west of the Elm River. The second alternative places the issue of the improper original construction in the court system to determine how to correct. Mr. Berndt would like to place this issue on the County Commission agenda for their first meeting in April. He hopes to have some sort of resolution after today's meeting and would like to develop a memorandum of understanding between Cass County and the land owners. He said whatever costs the county may end up paying are not included in the 2005 budget and funds would have to be taken from another road project scheduled for this year. It would be up to the County Commission to decide if/what level of funding the County would provide toward the project. Mr. Johnson asked about the original permit to reconstruct the ditch. Mr. Berndt said through the permit process, the county gave permission for the ditch to be reconstructed provided it was done in accordance with county highway standards; however, the in-slope was not done correctly and the ditch is deeper than it should be and has caused safety issues on Highway 34. Mr. Berndt has corresponded over the last 8 years with Mr. Nelson about the unresolved problem and was told it would be fixed. Mr. Volk said Section 22 is a grey area because land owners claim that work was not done on this portion. He said the county may be willing to cover costs on Section 22 if the land owners are willing to cover costs on Sections 20 and 21. Mr. Johnson said North Cass Water Board should not be involved with county right-of-way; however, Mr. Volk said a drainage complaint was filed with the water board and if the project is