01-20-1998 - Laserfiche WebLink

Commission Minutes--January 20, 1998 1768 Diane Pilkington, Glenda Schmit and Warren Wilson were among Heritage Hills homeowners present today. Vern Muscha from Stanley Township was also present. Mr. Rustad said buyers of the four properties which were put on hold at the last Commission meeting are anxious to proceed with their purchases and removing them in a timely manner. He said Mr. Muscha has worked extensively with the Heritage Hills residents in determining the best way to move the homes with the least amount of impact on the properties not affected by last spring's flooding. Stanley Township is the entity responsible for issuing the moving permits. Mr. Muscha recommends moving the homes as soon as possible, before the road begins to thaw in the spring. He is suggesting a deadline of February 28th for getting the homes removed. He said roads used during moving operations will be inspected before and after the move, and he will document the road conditions on videotape. He has also contacted the Fargo Forestry Department to assist with tree trimming to minimize any damage to those trees in the way of moving the homes. Mr. Wilson asked County Engineer, Keith Berndt, for his opinion on possible damage to the road right of way and any possible long-term damages to the road. Mr. Berndt said he is comfortable with the structure of the road and has no reason to believe there will be any significant problems associated with the process as long as the moving contractors use the proper axle weights. Ms. Schmit asked who will be responsible if there are any road damages. She feels the Heritage Hills residents have nothing to gain and a lot to lose if damage occurs in their subdivision. John Goff, State's Attorney, said it is his opinion and suggestion that these matters be addressed by the house movers and the buyers of the property who are contracting to have the structures moved. He recommends that Cass County Government not assume any liability. If there is damage, he said Heritage Hills homeowners would likely be in a position to retain an attorney if they cannot resolve a situation with the buyers of the property and the movers. On behalf of the County Board, he said they should be aware those possibilities exist. Ms. Schmit asked if money from the sale of these properties could be used to offset this possibility. Mr. Rustad responded that FEMA money for the demolition contract is being used for incidental items, such as dirt moving and tree trimming, and this could possibly be used for any minor road repairs. The cost, he said, should be borne by the purchaser who contracts with the moving company. Stanley Township has considered collecting a deposit of $2-3,000 from each purchaser at the time of issuing the moving permit, according to Mr. Muscha, and this money could be used to pay for any road repairs as a result of moving flood-damaged homes from the Heritage Hills Subdivision. Stanley Township will take care of the needs as far as trees, asphalt repairs and lighting so that homeowners in Heritage Hills would not have out-of-pocket expenses, Mr. Muscha said. If damages exceed $2-3,000 per home buyer, he would rely on the insurance of the moving company to cover additional damages. Mr. Rustad said he is confident in the work being done by Mr. Muscha and believes Stanley Township will only issue moving permits to house movers having the proper insurance coverage. He recommends the county proceed with the sale of the four homes in Heritage Hills Subdivision.