SUMMARY PROCEEDINGS OF THE MAY 14, 2019 ROSEAU COUNTY BOARD OF COMMISSIONERS MEETING

SUMMARY PROCEEDINGS OF THE MAY 14, 2019 ROSEAU COUNTY BOARD OF COMMISSIONERS MEETING
The Board of Commissioners of Roseau County, Minnesota met in the Courthouse in the City of Roseau on Tuesday, May 14, 2019.
CALL TO ORDER
The meeting was called to order at 8:30 a.m. by Board Chair Jack Swanson. The Pledge of Allegiance was recited. Commissioners present were Roger Falk, John Horner, Jack Swanson, Russell Walker and Daryl Wicklund. Others present were Martie Monsrud, Jeff Pelowski, Joleen Kezar, Brian Ketring, Kristy Kjos, Sue Grafstrom, Myles Hogenson, and Jeff Olsen.
APPROVAL OF AGENDA
A Stonegarden Grant Resolution was added to County Board Items. The Board approved the amended Agenda.
APPROVE BILLS
The Board approved the payment of bills totaling: $241,111.13
In addition, the Board approved a forthwith payment to the State Auditor’s Office in the amount of $75,045.71 for the 2015 re-audit.
DELEGATIONS/BOARD APPOINTMENTS/PUBLIC COMMENTS
Myles Hogenson – Roseau County Trailblazers Annual Review
Myles Hogenson met with the Board to present an annual review from the Roseau County Trailblazers. He also provided the 2019 Trail Map brochure. He requested the Board approve the 2019-2020 Grant-In-Aid application that provides State funding for 348.7 miles of trails. In addition, the Board set a meeting date of May 21, 2019, 11:00 am, Warroad Eagles Club, for the County Trails Committee. After further discussion, the Board approved the 2019-2020 Grant-In-Aid application.
CONSENT AGENDA
The Board, by adoption of its Consent Agenda, approved the April 23, 2019, Board Proceedings; and, approved the Roseau County Trailblazers 4th Benchmark payment in the amount of $6,786.08.
DEPARTMENT REPORTS
Highway
Heavy Equipment Operator Hire
Engineer Ketring requested approval to hire Nathaniel Sorrels to fill the Heavy Equipment Operator position. Following discussion, the Board approved the hire of Nathaniel Sorrels as a Heavy Equipment Operator, (Grade 5, Step A), effective May 28, 2019.
Bridge Bonding Grant Resolution
Engineer Ketring requested the Board approve the Bridge Bonding Grant Resolution in the amount of $74,679.50, for the construction of Bridge No. 68J50. This bridge replacement is part of the CR 9 project which will be completed in 2019. Following discussion, the Board approved the following Resolution:
2019-05-01
For Grant Agreement to State Transportation Fund (Local Bridge Replacement Program)
Grant Terms and Conditions (MnDOT Contract #: 1033325)
SAP 068-609-020
May 14, 2019
WHEREAS, Roseau County has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for construction of Bridge No. 68J50; and
WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and
WHEREAS, the amount of the grant has been determined to be $74,679.50 by reason of the lowest responsible bid;
NOW THEREFORE, be it resolved that Roseau County does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.50, and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for the bridge but not required. The proper county officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant.
Pay Grade Revision(s)
Engineer Ketring requested the Board approve job description and pay grade revisions for the following positions: Heavy Equipment Operator/Sprayer Operator: Grade 5/6; Heavy Equipment Operator/Crusher Operator: Grade 5/6; and, the Assistant Shop Mechanic/Maintenance Worker: Grade 6. The proposed revisions are based on the recent MRA review/rating determinations. After discussion, the Board approved the revised Heavy Equipment Operator/Sprayer Operator job description and rating as a Grade 5/6 position. The Board approved the revised Heavy Equipment Operator/Crusher Operator job description and rating as a Grade 5/6 position. The Board approved the Assistant Shop Mechanic/Maintenance Worker job description and rating as a Grade 6 position. The effective date for all three revisions is May 19, 2019.
County Engineer Contract
Commissioner Swanson informed the Board that Engineer Brian Ketring’s employment contract is up for renewal. Following discussion, the Board approved a four year employment contract for Highway Engineer Ketring, (May 31, 2019, through May 31, 2023), pursuant to Minnesota State Statute 163.07.
Coordinator
Pay Grade Revision
Coordinator Pelowski requested the Board approve a job description and pay grade revision for the Benefits Administrator/Human Resources Representative position based on the recent MRA review/rating determination. Following discussion, the Board approved the revised job description and rating as a Grade 6 position for the Benefits Administrator/Human Resources Representative position, effective May 19, 2019.
COUNTY BOARD ITEMS
NW Regional Transportation Coordination Council Appointment
Coordinator Pelowski requested the Board officially appoint Glenda Phillipe to the NW Regional Transportation Coordination Council. Ms. Phillipe has volunteered to continue serving on the Council and has been attending meetings. The Board approved the appointment of Glenda Phillipe to the NW Regional Transportation Coordination Council. It was noted that the Council should also be added to the County’s Committee list.
CR 139 Culvert – “Findings and Order” Resolution
County Attorney Kjos noted that the Board unanimously approved removing the CR 139 culvert at their April 9, 2019 meeting. The Findings and Order Resolution presented is the documentation supporting that decision. The Board approved the following Resolution:
2019-05-02
FINDINGS AND ORDER DIRECTING THE REMOVAL OF AN 18” DIAMETER CULVERT UNDER ROSEAU COUNTY ROAD (CR) 139 NEAR ITS JUNCTION WITH CR 10 (350TH STREET)
WHEREAS, the Roseau County Board of Commissioners (the Board) is the Road Authority for CR 139 and CR 10 under statutes chapters 160, 162 and 163; and
WHEREAS, the Board is also the Drainage Authority for State Ditch (SD) 69 under statutes chapter 103E; and
WHEREAS, in its role as Road Authority, the Board possesses broad discretion to manage its road system for the benefit of the traveling public, including by the installation, alteration and removal of drainage and water management facilities associated with the road system; and
WHEREAS, when exercising its discretion and statutory authority, the Board must have reasonable basis for its actions and account for any damages resulting from its activities; and
WHEREAS, in its role as Drainage Authority for SD 69, the Board must ensure that actions taken related to the road system are consistent with the state drainage code; and
WHEREAS, concerns have been raised related to the Board’s prior authorization of the installation of an 18” culvert, at elevation 1027.3’ MSL, under CR 139 near its junction with CR 10; and
WHEREAS, the Board has reviewed the facts and circumstances of its prior authorization and has considered all factors influencing whether the culvert should remain.
THEREFORE, based on the record before it, the Board makes and adopts the following findings and order:
Findings
1. The matter of a culvert under CR 139 near its junction with CR 10 first came to the Board on a petition request from the Roseau River Watershed District (RRWD) for the installation of a 36” culvert, in the same location, at elevation 1026’ MSL.
2. The purpose of the RRWD’s request was to allow an equalization of waters in high water conditions between the subwatershed of Watershed Ditch (WD) 3, east of CR 139, for which the RRWD is the Drainage Authority, and SD 69, west of CR 139, for which the Board is the Drainage Authority.
3. At the time of its request, the RRWD alleged that the equalization of waters was necessary because, in extreme run-off events, local roads, including CR 139, were at risk of overtopping and that there were existing, although limited, inter-watershed flows between WD 3 and SD 69.
4. The Board’s Highway Engineer confirmed that CR 139 had overtopped in prior run-off events.
5. With its request, the RRWD provided a 2008 hydraulic analysis of a 24” culvert at a similar location and elevation.
6. In response to the RRWD’s request, the Board hired Houston Engineering to perform an analysis and to evaluate an alternative 18” culvert to be placed at the same location. Houston provided a report dated August 24, 2016. After determining that the culvert, as proposed by the RRWD, would cause substantial downstream damage, the engineering analysis demonstrated that an 18” culvert, placed at a slightly higher elevation (1027.3’ MSL), would achieve the desired equalization in most run-off events without endangering downstream properties and infrastructure within the SD 69 watershed.
7. Based on Houston’s report, the Board’s Highway Engineer recommended denial of the RRWD’s request for a 36” culvert and approval of installation of an 18” culvert as described in the report. Further, the Highway Engineer recommended installation of the culvert as a safety improvement to prevent or protect against future overtopping of CR 139.
8. On this basis, the Board approved installation of the culvert and the culvert was installed. However, the culvert was not installed by the RRWD but by the County as a safety improvement to CR 139.
9. Subsequent to the installation of the culvert, landowners in the vicinity of the culvert (both east and west of CR 139) and Corps of Engineers expressed concerns over the installation. Landowners east of CR 139 expressed concerns that the culvert was not adequate to address their concerns over flooding in the WD 3 subwatershed. Landowners west of CR 139 expressed concerns over the possibility of damage to their properties because of additional water flowing west through the culvert into the SD 69 subwatershed. These same landowners expressed concerns over the capacity of SD 69 to handle the additional water and questioned whether the action was necessary to protect CR 139 and the traveling public given the infrequency of overtopping. The Corps of Engineers expressed concerns that the culvert was a modification of the Duxby Levy Project (which incorporates CR 10 into a levy to retain waters from the Roseau River to the north).
10. In response to the landowners’ damage concerns, the Board authorized Houston to perform additional analysis. The additional analysis further quantified the difference in downstream flows under both pre- and post-culvert conditions. Again, Houston’s analysis concluded that (1) existing drainage infrastructure, including SD 69, was sufficient to carry any additional flow of water; and (2) that there was no measurable damage resulting from the additional flow of water. Houston’s analysis did not investigate or address the frequency or likelihood of overtopping of CR 139.
11. The Board determined that the culvert installation did not modify the Duxby Levy – having been built completely outside of the physical Project and not building upon, altering, improving, moving, obstructing or occupying the Project or any of the real property identified and acquired for the Project.
12. The Board also considered and analyzed the installation of a riser pipe on the upstream end of the culvert to an elevation of 1029.9’ MSL.
13. The Board further considered the culvert, the various engineering analysis, the concerns of the Corps of Engineers, and took landowner comments at its meeting on Tuesday, April 9, 2019.
14. Of specific concern to the Board was whether the allegations of overtopping of CR 139 were documented and analyzed in order to determine the actual risk of overtopping and the safety impact to infrastructure and the traveling public. The Highway Engineer noted one documented incident of overtopping – in an extreme run-off event. The Highway Engineer further noted that a portion of CR 139 was reconstructed after that incident and no similar overtopping has occurred since.
15. Justification for the original installation of the culvert was to protect against future overtopping of CR 139. However, evidence of the past frequency and future likelihood of overtopping of CR 139 is lacking. The Board finds, therefore, that the basis of its original decision to direct installation of the culvert was speculative or unfounded. The analysis supporting installation of the culvert was lacking, incomplete and of little value in supporting installation of the culvert for the purpose stated. Rather, the analysis was focused on impacts downstream of the culvert (because of the equalization of water) and not on the overtopping of CR 139.
16. Though it did address the equalization of waters between the WD 3 and SD 69 subwatersheds, installation of the culvert created substantial concerns related to damages or other ill effects downstream of the culvert.
17. The Board has weighed the evidence justifying the culvert and the health, safety and welfare concerns related to the culvert against complaints and concerns raised by adjacent landowners and finds that retaining the culvert cannot be justified.
Based on the foregoing findings, the Board adopts the following:
Order
A. The existing culvert under CR 139 near its junction with CR 10 shall be removed and the conditions existing prior to its installation shall be restored.
B. Nothing in this order shall prevent installation of a future culvert should future conditions or analysis, combined with policy considerations, support such an action.
Stonegarden Grant Resolution
Auditor Monsrud requested the Board approve a Resolution accepting the Homeland Security Emergency Management Stonegarden Grant Agreement and authorize the applicable signatures. It was noted that the Grant provides reimbursement funds for expenditures incurred while assisting the U.S. Border Patrol in securing a safe international border. Following discussion, the Board approved the following Resolution:
2019-05-03
BE IT RESOLVED, that the Roseau County Board does hereby approve the Homeland Security Emergency Management Stonegarden Agreement and authorizes the applicable signatures.
Commissioner Committee Reports (April 23 – May 14, 2019)
Commissioner Falk reported on the following committee(s): Roseau River International Watershed Board; Roseau River Watershed Board; Operations Committee; County Board Work Session.
Commissioner Horner reported on the following committee(s): Land of the Dancing Sky Regional Agency on Aging; Warroad City Council; 2020 Census; Operations Committee; County Board Work Session.
Commissioner Swanson reported on the following committee(s): Building Committee; Roseau Economic Development Authority; City of Roseau/MN Department of Health Trails Task Force; E.C.N. Public Safety Communications Conference; Community Justice Coordinating Committee; Northern Counties Land Use Coordinating Board; Roseau City Council; Operations Committee; County Board Work Session; Northwest Emergency Communications Board; NACO Community, Economic and Workforce Development Teleconference; Association of Minnesota Counties Futures Task Force.
Commissioner Walker reported on the following committee(s): Minnesota Rural Counties; Roosevelt City Council; Operations Committee; County Board Work Session.
Commissioner Wicklund reported on the following committee(s): Roseau River International Watershed Board; Two Rivers Watershed Board; NW Regional Development Commission; Operations Committee; County Board Work Session.
Upon motion carried, the Board adjourned the meeting at 10:15 a.m. The next Regular meeting of the Board is scheduled for Tuesday, May 28, 2019 at 8:30 a.m.

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