11-01-2004
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<br />Commission Minutes-November 1, 2004 <br /> <br />2813 <br /> <br />7. <br /> <br />TAX-FORFEITED PROPERTY, Hearing on appraisal <br />County Auditor Michael Montplaisir said this is the date and time advertised for a hearing <br />on the appraisal of tax-forfeited property. A Notice of Sale of Real Estate Forfeited to the <br />County for Delinquent Taxes was published in the official newspaper today, and the tax <br />sale will be held November 16, 2004, beginning at 10:00 AM in the County Auditor's Office. <br /> <br />Mrs. Sorum opened the public hearing and invited comments from anyone wishing to <br />address the board on the notice sent to townships and cities. No one asked to speak at <br />this time, and the chairwoman declared the public hearing closed. <br /> <br />8. <br /> <br />ORDINANCE UPDATES, Truck regulatory ordinance; county park ordinance <br />Aaron Birst, Assistant Cass County State's Attorney, was present representing Birch <br />Burdick on items discussed at previous board meetings. <br /> <br />Regarding a truck regulatory ordinance, Mr. Birst said at least two other North Dakota <br />counties adopted ordinances under respective home rule charters and the State's Attorney's <br />Office could draft a similar ordinance for Cass County. Mr. Wagner said District Court would <br />need to agree to enforce the county ordinance so the overweight fines will be paid to the <br />county; and Mr. Meyer said the county intends that the collection of fines would help offset <br />the damage to the county road system caused by overweight truck traffic. <br /> <br />Mr. Birst provided commissioners with a copy of a memo from Mr. Burdick dated today <br />outlining some of his thoughts on possible regulations for the Brewer Lake recreation area, <br />in addition to those included in Cass County Ordinance #1997-3, Cass County Park <br />Campsites. In today's memo, Mr. Burdick suggests the formation of a committee to address <br />new ideas and further regulations for the use of Brewer Lake Park. Commissioners were in <br />agreement that the committee should consist of one or more commissioners, the chairman <br />of the park board or a representative, and representatives from the state's attorney's office, <br />sheriff's department and road department. Mr. Vanyo said he assumes the county park <br />board would be most involved, and Mrs. Sorum will do some follow up before the next <br />meeting. <br /> <br />9. <br /> <br />ROAD DEPARTMENT, Orchard Glen slide repair <br />Mr. Birst introduced Greg Selbo, from the Nilles Law Firm, representing Katherine Murphy, <br />adjacent landowner to the Orchard Glenn slide area. Also present were County Engineer <br />Keith Berndt; Mrs. Murphy's son, Jim Murphy; and Duane Rogne, who owns property across <br />the road from the slide area. <br /> <br />At the October 18, 2004, commission meeting, board members asked the state's attorney to <br />explore the county's legal obligation on river erosion; and the county engineer was asked to <br />quantify the other slide areas in the county to determine the magnitude of the situation. <br /> <br />Mr. Birst said it is his opinion that Cass County has no legal obligation to take action to <br />prevent river erosion to an adjacent property owner, understanding the erosion is a naturally <br />occurring event. He said the county may find reasons for erosion control, such as keeping <br />county property updated and being a good neighbor; however, if the county does take some <br />action, that would theoretically increase the liability. <br />
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