At the June 5 Rushford Village Council meeting, Mayor Gordon Johnson stated his reluctance to spend $150,000-200,000 for the Benson Lane Project, currently in the engineering phase. Johnson questioned the idea of redirecting water, prior the problem crossing and the council opted to see what other options, with cost analysis, may be available other than installation of large culverts.
At the June 19 meeting, the issue was brought up again. “Benson Lane has been quiet. He [Engineer Derek Olinger of Bolton & Menk] read about it in the paper and he was pretty nervous,” responded Public Works Supervisor Travis Scheck.
Johnson clarified that the concern lay with the council moving ahead with some alterations prior to consulting the city engineer and Department of Natural Resources. According to Johnson, Olinger indicated that costs will continue to come down and that the project was estimated on the high side in case of any issues. “We wouldn’t just go doing something in haste, but $150,000 is a lot to spend on this type of project,” added Johnson.
Johnson asked the council to consider the possibility of a ponding area upstream that would slow the flow of water to the Benson Lane crossing. Zoning Administrator Jon Pettit indicated he’d done something similar on his personal property and was able to work with Fillmore County Soil and Water Conservation District. Pettit’s project was funded on a 75/25 cost share and that he was required to use their engineering plans.
The properties adjacent to the crossing are owned by Mike Eidenschink and the State of Minnesota, along with a handful of residents who access their properties by way of the crossing.
“This thing overtops all the time now. It’s always going to be a struggle,” said Johnson. “Is there anything we could do? I have no clue, but maybe it’s something we could explore.
City Attorney Tom Manion suggested the city collaborate with property owners. “There’s a possibility of significantly downsizing the project,” added Johnson.
In other news, the council heard from eight area residents regarding new platting of the Oak Wood Cemetery, which sits atop a hill, just south of Highway 16 in south Rushford. The cemetery has permitted access via the State of Minnesota right of way. A private road from the access was put in place by Vern Bunke on his property. The cemetery was incorrectly recorded as a private cemetery and the group wanted to see it replatted and correctly recorded as a public cemetery.
“The platting looks excellent. It looks to be very well done,” noted Johnson.
The council questioned who had maintenance responsibility of the road, but it was noted that the maintenance issue was separate from the request for new platting. The Planning and Zoning Committee has reviewed the request and recommended approval to the city council.
The council approved the request for replatting. The documents will go to the county auditor’s office first, then to the recorder’s office for final approval.
The council considered amendments to ordinances regarding “jake braking” and mowing of negligent properties. Approval for the installation of signs prohibiting engine braking was granted. Signs will be placed on state highway locations approved by Minnesota Department of Transportation with enforcement done by the Fillmore County Sheriff’s Department and State Trooper officers.
Manion suggested the city adopt staged penalties for first, second, and third offense, indicating all three could involve hefty fines with the third offense potentially including a court hearing. Official adoption of the changes and details of fines will be addressed at a later date.
The cities current mowing ordinance provides for the sending of a letter to negligent properties, with 10 days to rectify unmowed grass exceeding eight inches. The council considered whether or not the council needed to send a letter for each offense or if a letter should be sent for the first offense and simply mowed each time after that it exceeds the maximum height.
Manion had concern for this option, as it could put the city in a position of contracted maintenance. Instead, he suggested the city remove the 10-day option, instead having the city send a letter and mow the property immediately. It was further suggested that the city could skip sending a letter at all and mow properties, at the owner’s expense, any time grass growth exceeded eight inches. City ordinances are posted and therefore should be “known.”
“Ignorance is no excuse,” said Manion.
The policy will be reviewed by Manion and proposed changes presented at the next council meeting for approval. It was also specified that the ordinance changes will affect both residential and commercial properties within Rushford Village limits.
The next regularly scheduled council meeting is Tuesday, July 3, at 7 p.m., at the Village Hall. The public is encouraged to attend.
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