05-01-1995 - Laserfiche WebLink

Comm. Minutes--May 1, 1995 1331 An opinion was received on this date from John Goff, State's Attorney, addressed to the County Engineer, concerning the creation of special assessment districts by the county under the recently adopted Home Rule Charter. It is Mr. Goff's opinion, in part, that the Home Rule Charter does not require the proposed ordinance concerning special assessments to be submitted to the electorate for a vote. Joe Nelson who served on the Cass County Charter Commission, disagreed, saying he believes it was the intent of the Charter Commission that any form of new revenue would require a vote of the people. David Strand, Chairman of the Empire Township Board of Supervisors, suggested a study of the efficiency of the County Road Department. Instead of creating special assessment districts, Leslie Roach thinks the Township Officers' Association would prefer a levy of five mills, excluding Fargo and west Fargo, to be voted upon by the residents who use the county road system. MOTION, passed Mrs. Toussaint moved and Mrs. Schneider seconded that the second reading of the special assessment ordinance be held and that the proposed ordinance be modified to include a definition of infrastructure as follows: Any road, bridge, drainage structure, culvert, low water crossing, drainage ditch, parking lot, storm sewer, sanitary sewer, utility system or related facility; and, further, that the proposed ordinance be modified to delete section 3 pertaining to protest procedures, since protest procedures are already defined in State law; and further, that another reading of the ordinance and final adoption be scheduled for May 15, 1995. Discussion: Mrs. Toussaint explained the modifications, saying these were two concerns expressed by the Cass County Township Officer's Association at a recent meeting. Mr. Wieland suggested delaying the ordinance past the May 15th meeting and request a State's Attorney opinion on whether incorporated cities can be included in a special assessment district, and in the meantime, examine the prospect of a mill levy approach as opposed to special assessments. He said the cost of repairing roads is increasing, while the number of years on the 10-mill road levy is decreasing so he believes the issue needs to be addressed but requested additional time before the next reading. The Township Officers' Association was invited to provide their input, and Mr. Nipstad said they want to be included in the discussions. AMENDED MOTION, passed Mr. Wieland moved and Mr. Eckert seconded to amend the above motion by changing the date from May 15 to June 19, 1995. At the call for the question and upon roll call vote, the amended motion carried with Mrs. Toussaint, Mr. Wieland and Mr. Eckert voting "Aye;" Mr. Ness and Mrs. Schneider opposing. At the call for the question and upon roll call vote, the main motion carried with four members voting "Aye" and Mr. Eckert opposing.