03-07-2005
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<br />Commission Minutes--March 7, 2005 2869 <br /> <br />12. CONTRACT APPROVAL, Northstar Materials; Inter-local aovernment aareement for <br />Edward Byrne Memorial Grant <br />MOT/ON, passed <br />Mr. Pawluk moved and Mrs. Sorum seconded to approve the following <br />contracts submitted by respective department heads, subject to state's <br />attorney approval, and authorize the chairman to sign: On roll call vote, <br />the motion carried unanimously. <br /> <br />Northstar Materials--Bituminous overlays on Cass County Highways 4, 32 and 34; <br />Interlocal agreement between Cass County and the City of Fargo--cost-sharing of the <br />2005 Edward Byrne Memorial Justice Assistance Grant. <br /> <br />13. ROAD DEPARTMENT, Orchard Glen slide repair <br />Mr. Bennett provided background information on the work of subcommittee members who <br />reviewed problems with river erosion in the Orchard Glen Subdivision, specifically on <br />property owned by Cass County and on the adjacent property, owned by Katherine Murphy. <br /> <br />Commissioners received a memorandum dated February 25, 2005, from Keith Berndt, <br />County Engineer, proposing a solution to the problem. Mr. Berndt was present today, as <br />was Jim Murphy, son of Katherine Murphy. <br /> <br />Mr. Bennett said the proposed solution to the slide area involves reshaping the riverbank, <br />adding rip-rap near the water and including riparian plantings for a cost estimate of $15,000. <br />Of that amount, the county is seeking a Federal grant that could provide 60% of the funding <br />for eligible work under a program called the Riparian Project. Cass County government and <br />the adjoining landowner would divide the remaining costs on a 50/50 basis. The cost of a <br />legal survey to establish property boundaries would add about $1 ,000, which would be <br />evenly split between the county and Mrs. Murphy also. <br /> <br />If Federal funding is unavailable, the project cost to Cass County and Mrs. Murphy would be <br />about $5,900 each on their respective properties, according to Mr. Bennett. He said an <br />amicable agreement has been drafted for each party's consideration, and the contract holds <br />Cass County harmless from and against any and all claims that may arise in the future if the <br />intended remediation project is not successful and there continues to be a failure of the river <br />bank that may affect the Murphy property, including the residence located thereon. <br />MOT/ON, passed <br />Mr. Bennett moved and Mr. Pawluk seconded to authorize the County <br />Engineer to proceed with Orchard Glen slide repairs and legal survey as <br />outlined in a memorandum to commissioners dated February 25, 2005; <br />further, that the County Engineer coordinate with the Riparian Project; <br />that local costs be split with the adjacent landowner on a 50/50 basis; <br />with county costs, excluding staff time, not to exceed $5,900. <br />Discussion: Mr. Berndt responded to a question about drainage and said <br />the project includes drain tile and plastic pipe to keep the soil as dry as <br />possible near the slide area. Mr. Pawluk stated his concern to Mr. Berndt <br />about preventing any pooling of water in the center area. Aaron Birst, <br />Assistant State's Attorney, was present on Mr. Burdick's behalf and <br />advised the board to complete the above-mentioned agreement with <br />Katherine Murphy and that both parties sign it before any work begins on <br />the project. On roll call vote, the motion carried unanimously. <br />
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