MP11-65
Maine Prairie Board Meeting
October 11, 2011
Supervisor Loewen opened the meeting with the pledge to the flag.
The meeting was recessed to planning and zoning at 7:05 and reconvened
at 7:30.
Board members present: Supervisors Dennis Loewen, Ron Kuechle, John
Wicker, and Terre Harff, Clerk. Others present Chuck Froehling,
Mike Couri, Margaret Douglas, Bob Pike, Gene Merten, and Lonnie
Hendricks.
Supervisor Loewen asked for any corrections or additions with none
Supervisors Kuechle/Wicker made a motion to accept the minutes as
presented. Motion carried.
Treasurer’s report was called for: Clerk Harff explained there is
enough money to cover all the bills presented. Supervisors
Wicker/Kuechle made a motion to accept the treasurer’s report.
Motion carried.
Mike Couri from Couri, MacArthur & Ruppe Law Firm, was present; the
board is asking to have their law firm represent Maine Prairie Township
on legal issues. Supervisor Wicker explained that they have heard
him speak at different township functions and attended their seminars,
was impressed with the township issues they work with. Couri
explained they like to meet with different townships before they take
them on as clients to explain the way they work, who is involved with
him in the firm and explained that a different lawyer in the firm might
be better to handle issues if they have an expertise in that field.
They do most of their work by email or phone. They have 3 lawyers in
their firm; he has 20 years in law. They have 10 townships in
Stearns County and a total of 120 cities and townships they work with.
They charge $160.00 an hour and if they need to attend meetings, they
charge from port to port. They operate on a first come first serve
basis and they represent only the township. He offered to answer
any questions the township has.
Questions were:
Township Hall – Merten wanted to know if townships are tax exempt, Couri
explained why they are. Pike wanted to know how a township can
borrow money from within the funds, Couri explained that it would need
to be paid back to the fund at a set rate of interest, but it is
possible. Would a government building have to be inspected by a
building inspector? Couri explained it is treated like any
Commercial Building and has to meet all the MN State Bldg Code
requirements. Merten asked if this could be decided at the March
Annual Meeting. Couri explained it is up to the residents to place
a cost figure onto a town hall weather it is purchased or built.
Town Board governs use of a town hall, who uses it and rules made for
it. Couri explained that it is best to adopt an ordinance
concerning the town hall. Ordinance is law and a resolution is
policy.
Road Right of Way – How to enforce the right of way problems with
fences, crops and or rocks in the right of way. It was explained
that the township has one resident that is very hard to work with,
personal contact was made to have fences moved, letters sent and the
response was, they keep putting the fence back up. The fence is
located on a sharp curve with a steep ditch. Couri explained they
are waiting to see how a case turns out where they are claiming the snow
throw is the right of way. There are legal ways to have the fence
removed but there is a process to follow with pictures, letters and
documentation. He explained if the road had been maintained for 6
years, keep a log of the width of the road where you mow and throw snow.
Each road has a different road right of way; it is identified by area of
use. The recording of roads, done in years pass, does not make the
right of way under township
MP11-66
control because the rights of ways were not purchased by the township.
Platted road lists the right of way on the plat. Concerning the
fence issue, a question was asked if the resident signed something
saying he is responsible for any injury caused by an accident, would
that take the township off the hook for any legal action if someone was
injured. Couri stated that it would do just the opposite. It
would show that the township knew of the danger and did nothing about
it. As does the letters sent out previously, the township is
showing a concern for a safety issue and not carrying through to make it
safe. Also discussed, if a complaint would come in, it should be
in writing and the written complaint is to be private data. They
do have a law that allows “Government Immunity”, the courts know the
townships can’t take care of all dangers or complaints for lack of
funding or have other pressing issues.
Vacating a township road-Couri felt it is real hard to almost impossible
to vacate a road that has been maintained by the township previously.
It has to be approved by all the residents that live on that road.
MOU – What services is the county required to provide? Couri said
they are not obligated to help the township if the township decides to
take over their own permitting.
Conflict of Interest – Couri said it usually is a conflict of interest
if there is a monetary interest. It also depends on how
comfortable you are to vote on issues where family is involved.
Mike Couri was thanked for coming into the board meeting.
Township Files – Clerk Harff spoke with Mayor Konz from the City of
Kimball. She offered up a space in the Police Chief’s office or on
stage in the city hall for the storage of the township files until the
town can find a better place for them. Clerk Harff was asked to
check into it further.
Roads – Air Patching on Evergreen was view by all supervisors and was
pleased with the way it works. It was decided to try it on 163rd
St near Carnelian Lake and 83rd Ave N by Massman’s.
98th Ave and Eclipse will have nothing done to it. It can be
removed from the agenda.
Rocks on 135th St – Chuck Yanish called because nothing has been done
with the rocks in his ditch. Supervisor Kuechle has viewed the
road and feels it is a danger to have those rocks sticking up; he feels
they should be removed. The reason they have not been removed
previously was Ron Albers was going to contact a landscape company to
see if they wanted them for the removal of the rocks. Lonnie was
directed to remove them and use them in areas that are being washed away
from the high water.
Clerk Harff was asked about billing Kingston Street for the culverts put
into Kingston Street. Lonnie felt they could put aprons on them
now that the water has gone down. Clerk Harff will wait until they
are completed.
Clerk Harff was directed to bill the City for half of the work on 83rd
Ave South of 135st.
Norgren Tree Service has to cut trees by Tom Donnay’s on 140th Street
but prefers to wait for it to freeze. He has submitted a bill for
127th and Badger Road.
Chair Loewen called for other Old Business, with none he called for New
Business.
MP11-67
Because the joint meeting with the City of Kimball needed to be
cancelled, the township board will need to set new dates and set the
agenda. Dates of November 17th, 22nd, and 29th will be given to
the city to see which one will work for them. Agenda item
suggestion is Fire Hall Addition for Town Hall and Orderly Annexation.
MOU – the board asked Clerk Harff to set something up with Wakefield
Township Planning Board. She explained her contact was Bridget
Chard whom is heading up their planning and zoning. She was
unsure if they wanted to meet with Bridget Chard or if the board wanted
to meet with the Wakefield board directly. It will be put on hold
right now.
Beaver Barriers – Bob Nistler built grates to put over Grand Lake Road
culvert to stop the beavers from building their dams inside the
culverts.
Supervisors Wicker/Kuechle made a motion to approve the permits issued.
Motion carried.
Supervisors Loewen/Wicker made a motion to approve the bills presented
along with a refund of the $1,000.00 to Jason Spaulding for his security
check for the open cut installation of an irrigation pipe on Delwood
Road back in May.
Balance Brought Forward
$ 203,966.19
Receipts
+12,343.16
Disbursements
- 50,861.39
Balance in Checking
$165,447.96
Investment Total
$784,510.52
Total Value of Township
$949,958.48
Supervisors Loewen/Wicker made a motion to adjourn.
Terre Harff, Clerk
Maine Prairie
Township
12670 Co Rd 149 Watkins, MN 55389
Phone: 320.398.2905 Fax:
320.398.2906
clerk.mpt@meltel.net
Copyright (c) 2008