03-22-1988 - Laserfiche WebLink

38 Concerning petitions for incorporation of Round Hill, Chairman Eckert stated that the Cass County Commission has been presented with recommendations from the Cass County Planning Commission to deny the petition to incorporate. Hearings were held by the County Planning Commission and by the Cass County Commission at separate times. He stated that today's meeting is not intended 'to be a continuation of the public hearing. Each Commissioner' was given a chance to express their oplnion on the incorporation petitions, and eaolq opposed the inoorporation. Attorney Jonathan Garaas was present representing those residents wishing to incorporate Round Hill. He directed his comments to Commissioner Wieland who stated 'that Cass County legal counsel has indicated that there are no provisions for any limitations on the incorporation, and Mr. Garaas disagreed with this. Mr. Wieland stated that he did not list that as one of his reasons for opposing the incorporation. Attorney Garaas stated that Cass County does have the right to put limitations on the petition for incorporation, and he asked that the States Attorney opinion be a matter of public record if that is the basis for making a decision. Mrs. Stanton stated that statutory limitations will have nothing to do with her vote, and Mr. Wieland concurred. Attorney Garaas stated that the Commission is preventing Round Hill from beginning the process that would allow them to become a city, and he suggested giving the residents the opportunity to vote on incorporation as a city for 15 years, after which time they would have to come back to the County and re-establish the need. Motion was made by Mr. Larson and seconded by Mrs. Stanton that the petition for incorporation of Round Hill be denied. On roll call vote, the motion carried unanimously. Mr. Larson moved and Mrs. Stanton seconded that Prairie Public Broadcasting be granted a site authorization permit at the Lower 48, Wild Rice, ND, for the purpose of obtaining a license to conduct games of chance, said license to be approved by the North Dakota Attorney General. On roll call vote, the motion carried unanimously. Administrative Assistant Diana Murack thanked the Commissioners for their time earlier today in evaluating her position. Mrs. Stanton moved and Mr. Wieland seconded that the Chairman be authorized to send a letter to the States Attorney's Office requesting written findings on denial of the Round Hill incorporation petition. Motion carried. Mrs. Stanton moved and Mr. Wieland seconded to receive and file a letter from the North Dakota Attorney General regarding inspection of the Cass County Juvenile Detention Center, and refer the Certificate of Compliance to the Sheriff's Office. Motion carried. Mr. Wieland was requested to respond to a letter from the State Historical Society stating that Cass County does not feel it would be an appropriate use of tax dollars to give them a donation for renovation of the Stutsman County Courthouse at Jamestown.