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Mercer County Commission
Minutes
May 7, 2008
The meeting was called to order
at 9:00 AM MT by Chairman Latimer, with all members present
including Commissioner Bitterman and Commissioner Entze.
Motion made by Commissioner Bitterman, second by Commissioner Entze
to approve the agenda as amended. All members voted “Aye”, motion
carried.
Motion made by Commissioner Entze, second by Commissioner Bitterman
to approve the minutes of the April 16 meeting as presented. All
members voted “Aye”, motion carried.
Motion made by Commissioner Entze, second by Commissioner Bitterman
to approve payment of bills in the total amount of $393,309.81. All
members voted “Aye”, motion carried. A detailed list of expenditures
by check is available for review at the Auditor’s Office during
regular business hours.
Mike Powell, Regional Landfill, presented the monthly report which
includes 20.33 tons/day average for 22 working days or 14.91
tons/day average for 30 calendar days. Commissioner Bitterman asked
Powell to include equipment oil sample reports with the next monthly
report.
Richard Sorenson, Land Use/Emergency Manager, informed the
commission of training available for emergency service employees and
responders. Motion made by Commissioner Bitterman, second by
Commissioner Entze to approve Shelly Sailer’s attendance at the
training with half of the cost at county expense. All members voted
“Aye”, motion carried. The commission then reviewed zoning matters
as presented. Motion made by Commissioner Bitterman, second by
Commissioner Entze to approve Certificate of Approval of a
Conditional Use Zoning Case 08-04-01 to The Coteau Properties
Company for surface coal excavation, Mining and related activities
with the Agricultural Zoning District located on three tracts of
land whose legal description and acreage are; SW1/4SW1/4 Section 21,
T146N, R87W, containing 40.3 acres, N1/2NW1/4 Section 21, T146N,
R87W, containing 80.8 acres, and SE1/4 Section 4 and W1/2NE1/4
Section 9, T145N, R87W containing 239.1 acres, as recommended for
approval by the planning commission on April 17, 2008. All members
voted “Aye”, motion carried.
Motion made by Commissioner Bitterman, second by Commissioner Entze
to approve Certificate of Approval of a Conditional Use Zoning Case
08-04-02 to Ruth & Randi Julson to operate a dog kennel and related
activities within the Agricultural Zoning District on a tract of
land located approximately 7 miles north of Zap and adjacent to the
west side of County Road 13 located within the SE1/4 of Section 7,
T145N, R88W subject to dog kennel waste disposal being approved by
the County Sanitarian and the applicants are responsible for snow
removal and maintenance of private roads as recommended for approval
by the planning commission on April 17, 2008. All members voted
“Aye”, motion carried.
Motion made by Commissioner Entze, second by Commissioner Bitterman
to approve Statement of Approval of a Variance County Zoning Case
08-04-03 to Terry Milas to remove an existing 1968 mobile home and
replace with a 1992 manufactured dwelling 28’ x 52’ in size located
on Lot 28 in Lake Sakakawea Estates northwest of Pick City subject
to inspection and approval of septic system by County Sanitarian
after the manufactured dwelling is in place as recommended for
approval by the planning commission on April 17, 2008. All members
voted “Aye”, motion carried.
Motion made by Commissioner Bitterman, second by Commissioner Entze
to approve Statement of Zoning Exemption County Zoning Case 08-05-02
to Mr. Gary Gierke for electrical service for livestock well with
the SW1/4 of Section 21, T142N, R90W. All members voted “Aye”,
motion carried.
Motion made by Commissioner Entze, second by Commissioner Bitterman
to approve Statement of Zoning Exemption County Zoning Case 08-05-03
to Wayne & Iris Boeshans for electrical service for relocation of
farmstead and related uses within the NE1/4 of the SW1/4 of Section
10, T146N, R87W. All members voted “Aye”, motion carried.
The commission next considered a request of Tom Garrett for
clarification of zoning regulations within the R-1 Zoning district.
The auditor was asked to read a letter received from Kelly Snyder
relating to Garrett’s request. “5/6/08
County Commissioners,
I recently received a letter form Tom Garrett on 5/5/08 that you
were also copied on regarding my horses.
I received a letter from Jim Johnson regarding zoning dated 7/28/04
that states it is ok for horses to be on my property for grooming,
training, riding and such as long as they are not kept on the
property for “extended periods.” I assumed from the statements in
his letter it would be ok for me to tie the horses to the fence or
picket them to graze for a few hours. For the past few weeks I have
been doing this in the morning until I was able to get more hay.
Otherwise, they are always kept in my rented pasture adjacent to our
lot.
There was an occasion when I had problems with the fence and my
horses were out in the morning, however I have since repaired the
fence. I have also gotten more hay and have not been grazing them in
the mornings on my lot.
If you feel that I am violating the zoning law by occasionally tying
them up to graze then I will refrain from doing it.
I would suggest that if in the future Tom feels that I am somehow
violating the zoning laws he should talk to me personally or call
the sheriff and have them pay me a visit.
If you wish to discuss this matter further, please contact me.
Sincerely,
/s/ Kelly Snyder”
Chairman Latimer stated that R-1 zoning regulations do not allow for
large domesticated animals. Motion made by Commissioner Bitterman,
second by Commissioner Entze requesting the State’s Attorney address
a letter to Mr. Snyder informing him he is not to allow animals to
graze within the R-1 zoning district. All members voted “Aye”,
motion carried.
Chairman Latimer, at 10:08 AM MT, opened the public hearing on a
Petition to Close Public Roads as filed by The Coteau Properties
Company and outlined by Joe Friedlander. Friedlander presented the
original affidavits of publication of the Notice of Hearing as
published in the Hazen Star and Beulah Beacon as well as Affidavit
of Personal Delivery of the Notice of Hearing to adjacent
landowners. Motion made by Commissioner Entze, second by
Commissioner Bitterman to approve a resolution of the Mercer County
Commission to temporarily close certain section line roads. All
members voted “Aye”, motion carried. Full text of the resolution is
as follows:
“RESOLUTION OF
MERCER COUNTY COMMISSION
WHEREAS, The Coteau Properties Company ("Coteau") has petitioned the
Board of County Commissioners of Mercer County, North Dakota
("Commission") to temporarily close the following described section
line roads that interfere with surface coal mining operations
pursuant to the provisions of Chapters 38-01-07.1 and 38-01-07.2 of
the North Dakota Century Code:
The section line road between Section 27 and Section 28, Township
146 North, Range 87 West;
The section line road between Section 27 and Section 34, Township
146 North, Range 87 West;
The section line road between Section 35 and Section 36, Township
146 North, Range 87 West;
The section line road between Section 1, Township 145 North, Range
87 West, and Section 36, Township 146 North, Range 87 West;
The section line road between Section 35 and Section 36, Township
145 North, Range 88 West;
The section line road between the NW¼ of Section 3 and the NE¼ of
Section 4, Township 144 North, Range 88 West; and
The section line road between the S½ of Section 36, Township 145
North, Range 88 West and the NW¼ of Section 3 and the N½ of Section
4, Township 144 North, Range 88 West.
WHEREAS, a public hearing was held upon the Petition of Coteau
before the Commission on the 7th day of May, 2008, at 10:00 a.m.
MDT, in the Courthouse in the City of Stanton, North Dakota, and the
Commission having heard and considered all of the testimony and
evidence presented.
NOW, THEREFORE, BE IT RESOLVED that the Commission does hereby find,
conclude, and determine as follows:
1. That the Commission has jurisdiction over the subject matter of
the Petition and the section line roads involved therein.
2. That the Notice of Hearing on said Petition was duly served and
published as required by law.
3. That the temporary closing of said section line roads is
necessary due to the fact that said section line roads interfere
with Coteau’s conduct of surface coal mining operations.
4. That said section line roads are not required due to readily
accessible alternate routes of travel.
5. That the temporary closing of said section line roads does not
deprive adjacent landowners access to their property.
6. That a public benefit exists in temporarily closing said section
line roads and that the interests of public and the affected
landowners will be protected.
BE IT FURTHER RESOLVED, based on the foregoing, that the Commission
hereby determines and orders as follows:
1. That the following section line roads be temporarily closed until
such time as Coteau’s surface coal mining operations which affect
the use of said section line roads by the general public are
completed:
The section line road between Section 27 and Section 28, Township
146 North, Range 87 West;
The section line road between Section 27 and Section 34, Township
146 North, Range 87 West;
The section line road between Section 35 and Section 36, Township
146 North, Range 87 West;
The section line road between Section 1, Township 145 North, Range
87 West, and Section 36, Township 146 North, Range 87 West;
The section line road between Section 35 and Section 36, Township
145 North, Range 88 West;
The section line road between the NW¼ of Section 3 and the NE¼ of
Section 4, Township 144 North, Range 88 West; and
The section line road between the S½ of Section 36, Township 145
North, Range 88 West and the NW¼ of Section 3 and the N½ of Section
4, Township 144 North, Range 88 West.
2. That Coteau provide farmers access to their lands for farming
purposes during the time that said section line roads are
temporarily closed.
3. That within a reasonable period of time after completion of
surface coal mining operations Coteau shall restore said section
line roads to as good a condition as existed prior to the temporary
closing to the extent required by the Commission.
4. That Coteau inform the Commission when the restoration of said
section line roads is completed, at which time Coteau shall tender
said section line roads to the Commission for acceptance for general
public use.
5. That the Commission may at any time exercise its rights to
monitor the continued need for the temporary closing of said section
line roads and may request Coteau to show cause why said section
line roads should not be reopened if surface coal mining operations
in the vicinity thereof have been completed.
6. That this Resolution, the Petition involved therein, the
Affidavits of Service and the Affidavits of Publication of Notice of
Hearing be filed with the Mercer County Auditor.
Dated this 7th day of May, 2008.
ATTEST: MERCER COUNTY COMMISSION
/s/ Monte Erhardt, Mercer County Auditor By: /s/ Lyle L. Latimer
By: /s/ Wayne Entze
By: /s/ Frank H. Bitterman
The public hearing was closed by Chairman Latimer at 10:21 AM MT.
Motion made by Commissioner Bitterman, second by Commissioner Entze
to amend the agenda to allow time for Dale LittleSoldier to appear
before the commission to update them on the proposed casino project
near Beaver Bay. All members voted “Aye”, motion carried.
Dale LittleSoldier appeared before the commission in response to a
letter sent requesting an update on plans for the proposed casino at
Beaver Bay north of Zap. LittleSoldier informed the commission that
funding had been approved and the project will commence soon.
LittleSoldier then introduced Jerry Cudworth, project supervisor to
share information relating to the “Eagle Catch Casino and Lodge.”
The project is proposed in two phases. Phase One will be an
approximately 20,000 square foot Casino, to be managed by the Three
Affiliated Tribes, and dining facilities owned by LittleSoldier.
Phase Two will involve development of the hotel and convention
center. Cudworth informed the commission bids for dirt excavation
have been received and will likely be awarded yet this week. A copy
of the schematic drawings was left with the Auditor and will be made
available for review by county engineers. LittleSoldier informed the
commission that after much work and discussion the casino will be
modeled after the earth lodge structures of the area using log
construction with a steel roof. LittleSoldier agreed to keep the
commission updated on progress and to work with the county as
matters arise, such as roadway maintenance and repair issues.
Joe Retterath, Mercer County Highway Department, met with the
commission to review road issues. First matter reviewed was at the
request of Mike Donovan relating to maintenance of the access road
to his property. Retterath informed the commission that he
researched records of the area in question and found no recorded
easement for construction of the roadway and that he understood the
roadway was kept off the section line to allow the property owner
ability to close the road. Donovan presented a land survey monument
record of Leonard Lyngstad and corroborative statements of Frank
Maichel to support his position of the road being on the section
line. Donovan just asked the commission to maintain the roadway as
it does other county roadways. Commissioner Entze stated that even
though it may be a section line the county has no obligation to
upgrade it. Commissioner Bitterman would like to see a survey done
to determine the section line. State’s Attorney Johnson stated that
a roadway is designated by the commission and would like the matter
researched further to determine if the commission did designate this
particular roadway. Retterath agreed the roadway should be part of
the spring and fall maintenance rotation. Commissioner Bitterman
would like the auditor to contact the utility companies to check
records for any surveys done prior to utility installation.
Commissioner Latimer agreed to have the blade do spring maintenance
on the roadway, with hopes of resolving the matter before fall.
Motion made by Commissioner Entze, second by Commissioner Bitterman
to approve purchase agreements with Ruby Dallman and Calvin Kusmenko
for gravel at a cost of $.80/ton. All members voted “Aye”, motion
carried. Retterath informed the commission that repair work has
started on the “Schields” bridge north of Dodge making the structure
slightly wider and also installing a rail.
Craig Askim, County Extension Agent, and Dena Kemmet, 4-H Youth
Development, presented a narrative update. Askim informed the
commission that roughly 75% of the wheat crop has been seeded, but
many producers are waiting with row crops as the drought conditions
will influence what is to be seeded. If moisture is not received
soon Askim indicated we may see sunflowers replacing much of the
intended corn acreage, indicating that only 25% of the corn crop has
been seeded nationally. While the dry conditions will affect the
grain producers, Askim feels these conditions may have the greatest
effect on livestock producers whose pasture and hay lands are
already in danger. Currently eastern Montana and much of North
Dakota are among the driest areas of the United States. Commissioner
Bitterman asked if there are any programs for water delivery
assistance. Askim indicated he was not aware of any at this time
however upcoming meetings he will be attending may address the
matter. Kemmet informed the commission that she had applied for, and
received a grant for a youth shooting sports programs. The Beulah
and Hazen school systems will now be able to incorporate archery
into their physical education classes and the extension office will
provide instruction at different times throughout the summer months,
with the first classes to be offered this August. In addition to the
shooting sports programs many of the other typical sessions such as
babysitting classes will also be offered this summer for area
youths.
The commission recessed at 11:31 AM MT.
The commission reconvened at 11:36 AM MT with all members present.
Motion made by Commissioner Bitterman, second by Commissioner Entze
to enter into executive session pursuant to 44-04-19.1(5) NDCC for
attorney consultation in reference to a terminated employee and
possible litigation. All members voted “Aye”, motion carried. The
commission entered executive session at 11:38 AM MT. Present for the
session were Chairman Latimer, Commissioner Bitterman, Commissioner
Entze, State’s Attorney Johnson, Auditor Erhardt, Jeff MacQueen and
Attorney Scott Porsborg for the ND Insurance Reserve Fund.
Chairman Latimer reconvened the public meeting of the commission at
12:36 PM MT. Motion made by Commissioner Bitterman, second by
Commissioner Entze authorizing Attorney Porsborg to inform Attorney
Lange the commission will not make an offer to the settlement
proposal received April 24, 2008. All members voted “Aye”, motion
carried.
The commission reviewed the monthly risk management report. No
further action taken.
The commission reviewed the agreement presented by Centre, Inc and
asked that a meeting of the Clerk of Court, Sheriff and Auditor be
scheduled to review and make a recommendation on the agreement.
Motion made by Commissioner Entze, second by Commissioner Bitterman
to approve the Clerk of Court Funding Agreement as presented by the
ND Supreme Court. All members voted “Aye”, motion carried.
Motion made by Commissioner Bitterman, second by Commissioner Entze
to approve the joint election agreements received from the Beulah
School District, Hazen School District, City of Beulah, City of Pick
City, and the City of Stanton. All members voted “Aye”, motion
carried.
Motion made by Commissioner Bitterman, second by Commissioner Entze
to appoint Donna Hanson, Hazen, and Scott Schields, Dodge, as
election inspectors for the June 10th Primary Election. All members
voted “Aye”, motion carried.
Motion made by Commissioner Entze, second by Commissioner Bitterman
to approve the April Sheriff’s Fee Report in the amount of $9344.50.
All members voted “Aye”, motion carried.
Chairman Latimer agreed to act as voting representative for the
upcoming West River Telecommunications annual meeting.
Darbie Berger, Treasurer, presented information relating to
acquiring necessary equipment to electronically deposit funds
received in the treasurer’s office. Fees for the service are waived
for the first six months at which time analysis will be done to
determine future fees. Motion made by Commissioner Bitterman, second
by Commissioner Entze to approve the electronic deposit program as
presented. All members voted “Aye”, motion carried.
Gary Emter, Tax Equalization Director, updated the commission on
matters relating to Mahto Bay. Emter did speak with Bonnie Good Bird
of the Three Affiliated Tribes and she informed him that all the
authorizations for survey had been signed, except one (1). Emter
will attempt to set up another meeting with the Barry Benson, Three
Affiliated Tribes and/or Ms. Good Bird.
There being no further business before the commission, on motion
duly made and seconded the meeting was adjourned at 1:06 PM MT.
The next regular meeting of the commission will be May 21, 2008, at
the Mercer County Courthouse, Stanton, North Dakota.
Approved: ____________________________
Lyle L. Latimer, Chairman
Attest: ______________________________
Monte J. Erhardt, Auditor
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