11-01-2004 - Laserfiche WebLink

Commission Minutes-November 1, 2004 2814 Mr. Berndt provided a print-out of an aerial view showing the Orchard Glen slide area, along with a partial list of other slide areas, which includes approximately 18 situations, some of which involve numerous private properties. He estimated there are hundreds of slide areas in Cass County. Mr. Berndt also prepared a list of suggested guidelines regarding river bank slides and erosion problems. He said the Orchard Glen slide area is somewhat unique because the majority of it is on county land. He believes the repair estimate of $100,000 proposed at the last commission meeting will fix the problem. Mr. Meyer suggested approaching the property owner about a cost-share situation under these circumstances. Mr. Vanyo was concerned about setting a precedent by participating in any slide repair project. On behalf of his mother, Mr. Murphy said he believes the county is devaluing her property by not doing anything to repair the slide area. He would encourage the county to proceed with repairs as a matter of fairness and being a good neighbor, and he included concern for the safety of children who may wander onto the property. He said his mother may be willing to consider a cost-sharing arrangement and offering to agree not to sue the county for making repairs should the situation be made worse in an attempt to fix it. Mr. Selbo agreed with Mr. Birst that an adjoining landowner does not have responsibility as it relates to the natural surface of the property; however, he said the property is probably not in its natural state since there was likely some fill material added when the area was developed. He does not believe repairing the slide in this area is setting a precedent because it is a different situation than other slide areas. If the county wishes, he said it would not be difficult to prepare the appropriate legal document where all parties are releasing each other and waiving any claims in the future. Mr. Birst said he would be willing to meet with the property owners or the county engineer to discuss the situation further. Mr. Bennett asked if Mr. Rogne wished to address the board on this topic, and Mr. Rogne said he is concerned about the future of the subdivision road because he believes the riverbank has eroded almost 20 feet in the last two years. Mr. Vanyo said Federal Emergency Management Agency (FEMA) dollars were used after the 1997 flood to buyout certain properties, and he is thinking perhaps the county should not have purchased this property in the first place. Mr. Berndt said county officials did not know of this slide area at the time of the flood buy-out. Mr. Berndt was asked about the best time of year to do this type of work, and he replied that additional erosion may take place but he does not see the house being in danger. He said summer is typically the best time of year to do most types of construction projects. Mrs. Sorum said it appears to be the consensus of the board for Mr. Berndt to continue the dialogue and keep the board informed of the situation. 10. COURT FACILITIES, Grant funds for improvements and maintenance In a memo to commissioners dated October 22, 2004, County Coordinator Bonnie Johnson provided background information on a bill passed in the last legislative session establishing a court facilities improvement advisory committee. Mr. Wagner served as a member of the committee to establish rules and operational procedures for making grant funds available to all counties for court facility improvements and maintenance.