06-06-2005 - Laserfiche WebLink

Commission Minutes--June 6, 2005 2908 16. ROAD DEPARTMENT, County Road 17 aQreement with West FarQo Mr. Berndt's next item for discussion is a draft agreement with the City of West Fargo concerning Cass County Highway 17 for a stretch of three miles between 1-94 and 52nd Avenue. Mr. Berndt said the West Fargo public works director asked the county to continue winter maintenance on County 17, as well as ditch mowing, for two years to allow him time to budget for the necessary equipment to do the additional work. Mr. Berndt said he felt one year would allow time to adjust his budget. In exchange for the extra year of maintenance, Mr. Berndt said he would suggest that West Fargo contribute 50% toward the cost of improving the 52nd Avenue intersection in the year 2006 or 2007. Also, Mr. Berndt said the county state's attorney has suggested a joint powers agreement as opposed to a memorandum of understanding. He anticipates the draft agreement will be discussed at the West Fargo City Commission meeting in two weeks. Mr. Pawluk said all county highways in annexation areas of Fargo and West Fargo should be identified and decisions made on future maintenance while the road surface is in good shape. He suggested adding a clause #5 in the agreement that West Fargo would assume ownership of County Highway 19 and portions of County 10 fully within the city limits by June, 2006. He said if there is not support from the Commission, this clause would not be added. Mrs. Sorum was concerned about West Fargo accepting the additional clause and said she would support the agreement as it is right now. MOTION, passed Mr. Pawluk moved and Mr. Wagner seconded to approve and authorize the chairman to sign the memorandum of understanding with the City of West Fargo regarding Cass County Highway 17, as modified by County Engineer Keith Berndt, which includes one year of maintenance by Cass County and that West Fargo would split the anticipated cost of 52nd Avenue intersection improvements, not to exceed $500,000 in 2006/2007; and further, the memorandum of understanding may be reduced to a joint powers agreement as suggested by State's Attorney Birch Burdick, if agreeable by both parties. Discussion: Mr. Burdick said he briefly discussed the agreement with Dan Twichell at the Ohnstad Law Firm, in the absence of Brian Neugebaur, who is West Fargo's City Attorney. On roll call vote, the motion carried unanimously. 17. ROAD DEPARTMENT, Development alonQ County HiQhwav 17 Mr. Berndt asked the board for some direction on a development along County 17 that the City of Horace will be asked to take action on this evening. He said the development is not consistent with a corridor study that was approved by the respective jurisdictions in 2002. He said the county initiated the corridor study, which gives specific recommendations on road accesses. Mr. Pawluk suggested that the county strongly request the Horace City Council to preserve the corridor being requested. He believes it is critical to preserve highway right of way because of the high cost of purchasing land for road improvements where development has occurred. Commissioners were in agreement that Mr. Berndt should attend the Horace City Council meeting this evening to state the county's position on following the corridor study; however, Mrs. Sorum said not to pressure them in their decision.