01-03-2000 - Laserfiche WebLink

Commission Minutes--January 3,2000 2081 auditor dated December 30, 1999. On roll call vote, motion carried unanimously. 13. ROAD DEPARTMENT, Engineering services for subdivision paving Keith Berndt, County Engineer, appeared before the Board regarding a request which was deferred from the December 20, 1999, Commission meeting for authorization to provide engineering services for an asphalt overlay on the street in Evergreen Subdivision south of Kindred. The subdivision consists of eight homes, and its residents are interested in creating a special assessment district for the paving project, which is estimated to cost less than $20,000. Mr. Berndt suggested that County Highway Department staff could prepare plans and specifications and solicit informal construction bids, which would save the homeowners $3-5,000 in engineering fees. He said county policy requires that the homeowners in the subdivision contract with an engineering firm to prepare plans and specifications, however, the county's administrative fee of $1,000 plus 3% of the project amount would likely cover the county's costs. Mr. Berndt said it does not appear to be a legal question whether the county could do the work however, this is a policy decision of the Board's if they choose to assist the neighborhood association. He indicated this request is not intended as a policy change but would be an exception to the current special assessment policy, Section 27.00, in the Cass County Commission Policy Manual. Mr. Wieland said he is concerned about offering services that can be provided by private business and about setting a precedent for similar requests made to the county in the future. Also, he said this is not a public road but a private one. He asked if this area is in the flood plain, and Mr. Berndt said it may be since some of the homes are close to the river. Birch Burdick, State's Attorney, said the county may be exposing themselves in some way to a claim of liability in the event someone had an accident on that road if the county takes an active role in its design. Mr. Koenig believes the county should help individual taxpayers in the county save money, and the amount of engineering work that would be expended on this project would be minimal. Mrs. Quick was also concerned about setting a precedent with this one project and about the state's attorney's comments on potential liability. MOTION, failed Mr. Wieland moved and Mrs. Quick seconded to deny authorization for the County Engineer to provide engineering services for the Evergreen Lane Assessment District, in keeping with the current Commission Policy, Section 27.00. Discussion: Mr. Koenig believes the county should consider these projects on an individual basis. Mr. Meyer said it appears the administrative fee would cover engineering costs. At the call for the question and upon roll call vote, the motion failed on a tie vote with Mr. Wieland and Mrs. Quick voting "Aye, Mr. Koenig and Mr. Meyer opposing. With the Chairman's approval, Mr. Berndt withdrew his recommendation to assist with the project.