10-15-2001 - Laserfiche WebLink

- -- Commission Minutes--October 15, 2001 2367 In defense of the position taken by the Special Assessment Commission, Mr. Wagner said he is concerned that the county may be setting a precedent by going outside of the statutes. He suggested that the owners of Lots 1 and 10 could write a check to the other property owners rather than changing the assessments on their property as determined by the Special Assessment Commission. AI Nielsen, Chairman of the Woodland Acres Subdivision, said the homeowners in both subdivisions have shared in the cost of repairing 68th Avenue a number oftimes overthe years, and he does not think Lots 1 and 10 should pay the major cost when it needs more repairs in the next couple of years. He said the two groups of homeowners have always supported each other in what they are trying to do. Mr. Meyer asked if anyone in the audience was opposed to the assessments as originally set up, and no came forward at this time. Mr. Wieland said State law requires the Special Assessment Commission to look at the benefit to each property, and that is what they did. The County must follow the law, of course, but he wondered if the State's Attorney has any suggestions on how to handle this situation where the law requires one thing and property owners favor another arrangement. Mr. Burdick said it would be difficult to enforce an agreement between property owners when someone sells their . property and the new owner is expected to comply with a previous agreement. He said he has not done a full legal analysis ofthis situation, and Mr. Wieland suggested continuing the hearing until the State's Attorney has time to review it further. In order for the assessment to go on next year's taxes, the assessments must be certified to the County Auditor by November 1 st. MOTION, passed Mrs. Schneider moved and Mrs. Sorum seconded to continue the hearing on the assessment list for Street Improvement District No. 2001-1 (Holmen's Third Subdivision) of Cass County, North Dakota, to the 26th day of October, 2001, at 3:30 PM in the Commission Room, Cass County Courthouse; and that the State's Attorney conduct a full legal analysis prior to that time. On roll call vote, the motion carried with four members voting "Aye" and Mr. Wagner opposing. 10. JAIL CHANGE ORDER, ADD roved Bonnie Johnson, County Coordinator/Jail Project Coordinator, provided copies of change orders G-33, M-33 and E-33 concerning a time extension on the Cass County jail project. The general contractor, Meinecke-Johnson Company, is unable to complete the work in the 600-day time frame stated in the original contract, and they have asked for an additional 84 days (12 weeks) to substantially complete the project. Both the general and electrical contractors have agreed to the extension without additional compensation. Grant's Mechanical is requesting $42,589.00 forthe cost of overhead during the additional 84 days. Meinecke-Johnson has agreed to split that cost with Cass County, as well as paying one-half of the cost of the additional 84 heating days at the new jail. Mrs. Schneider said she would like to publicly recognize Mrs. Johnson for the effort she put into negotiations with the contractors on the schedule delay, and Mr. Wieland echoed the comments. /""""' MOTION, passed Mrs. Schneider moved and Mr. Wieland seconded to accept change order request G-33, M-33 and E-33 to formally extend the Cass County Jail building schedule by an additional 84 days; and to authorize Cass