02-13-2001Minutes - Laserfiche WebLink

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(01081 2a COUNTY ATTORNEY - DISCUSSION REGARDING RECLASSIFICATION AND WORK ON MINIMUM MAINTENANCE ROAD AT INTERSECTION OF 110TH ROAD AND LOUP RIVER ROAD: County Attorney Jerry Janulewicz supplied the board members with a letter addressing whether the county is required to upgrade a rural minimum maintenance road to a higher classification whenever an existing or newly constructed dwelling becomes occupied. He stated in the letter that a minimum maintenance road cannot be the only access for an occupied dwelling. If an existing or newly constructed dwelling becomes occupied, the county must take the necessary action to reclassify the minimum maintenance road to a higher classification. The reclassification does not require that the county reconstruct the road up to standards it must be reasonably safe. What liability would the county have if an accident were caused by the conditions? The need to be kept reasonably safe for travel would require the board to talk to the public works director and if it is reasonably safe they may not have to do anything. The board would have to consider whether if by maintenance alone this road could be kept in a safe and suitable condition or whether reconstruction of the road would be required. Lancaster questioned if anyone is living there at the current time and there is no record of anyone living there at the current time. Jeffries, Hartman and Darrel Johnson met on the road and drove it. It needs to be improved to make it safe. The roadbed is sandy and it would need some type of surface on it. The Public Works director would need to discuss with the Department of Roads and Classification the type of reconstruction that would be needed to bring it up to current standards. It is % of a mile long and the estimated cost would be $40,000.00. Don Shuda is building a home on the property. There will be permanent buildings and there will be two residents on the road. Hartman stated the fences would have to be moved. Steve Clark was present and he expressed concern on keeping a fence on the property because of the sandy soil. He also questioned where the road should be and where the right-of-way it located. Eriksen questioned if the County has right-of-way for this road. Arnold stated that if this project was in the One & Six plan for this year and if not where would the funds come from. Jeffries stated that it was not included and it could come from the inheritance fund as an emergency. Arnold questioned when the property was purchased if the owners knew that there wasn't a road and he doesn't feel this was an emergency. Shuda stated he has discussed this with Dan Hostler in the past. Jeffries made a motion and Logan seconded to build the road for $40,000.00 and to take the cost from the Inheritance Fund. Hartman added that the fences would be moved by the county. Arnold questioned if the County has right-of-way and there needs to be a plan before a decision can be made. Eriksen, Hartman, Humiston, Jeffries and Logan all voted yes and Arnold and Lancaster voted no. Motion carried. 2d CONSIDER AND APPROVE LABOR AGREEMENT WITH CWA (PUBLIC WORKS DEPARTMENT) County Attorney Jerry Janulewicz that they have been negotiation on this contract for a long time accept and reached an agreement. The proposal that was submitted is for two years. It will eliminate step one, so it will be a nine-step pay plan. It will include the 10% co-pay on family insurance and 3% pay increase. Janulewicz recommended approving the contract. Jeffries made a motion and Lancaster seconded to approve the contract with the Communication Workers of America. Arnold, Eriksen, Hartman, Humiston, Jeffries, Lancaster and Logan all voted yes and none voted no. Motion carried. 2e DISCUSSION AND ACTION - BUILDING LOCATED IN COUNTY ROAD RIGHT OF WAY AT CMP: County Attorney Jerry Janulewicz stated that there is building on the county road-right-of-way at CMP and the owners of the land would like to leave the