10-02-2006 - Laserfiche WebLink

Commission Minutes-October 2, 2006 3135 8. ROAD DEPARTMENT, Chairman authorized to sign land use agreements for properties in Kensington Place Subdivision Mike Zimney, County Planner, was present. He said the Red River Regional Council (RRRC) has approved a project to assist six landowners in Kensington Place Subdivision who are experiencing riverbank erosion and slumping. The riverbank will be graded, deep-rooted vegetation will be planted, and on-site septic drain fields will be re-Iocated to side yards. The Red River Regional Council will cost share in 60% of the project or approximately $96,000, with the balance to be paid by the homeowners. He said due to the large financial investment, the council is requesting property owners sign a land use agreement and easement with Cass County to limit any future activities that would be detrimental to the success of the project. The contract would prevent landowners from changing the vegetation, irrigating their back yards, installing drain fields in their back yards, adding new fill or building new structures. Mr. Pawluk is familiar with the area. He stressed that this is a demonstration project. He said homeowners must be informed the sloping riverbank will continue and this is not a permanent repair of the problem. Mr. Zimney said property owners have been told the erosion is a natural process and the project may slow the process, but will not fix the damage that is occurring. MOTION, withdrawn Mr. Pawluk moved to approve county participation in the land use agreements for properties in Kensington Place Subdivision. Mr. Pawluk withdrew his motion and substituted the following: MOTION, passed Mr. Pawluk moved and Mr. Wagner seconded to authorize the chairman to sign land use agreements and easements with six homeowners participating in the Kensington Place Subdivision Riverbank Stabilization Project No. 2005-1 upon receipt and subject to state's attorney approval, as well as including a reference within the agreements that this is a demonstration project. Discussion: Mr. Burdick referred to a paragraph regarding a waiver of warranties that states the project does not guarantee protection from future riverbank slumping. He said a paragraph may be added that all parties agree this is a demonstration project and he will contact the RRRC. Mr. Pawluk wants to ensure that property owners as well as other interested citizens be aware this is a one-time funding opportunity through the RRRC. On roll call vote, the motion carried unanimously. 9. PUBLIC COMMENT, David Habiger David Habiger, resident of rural Amenia, was present. Mr. Habiger expressed his concerns about the interest and penalty on delinquent property taxes. He feels the twelve percent interest rate is more than a bank's rate and is unfair. Mr. Montplaisir said the rate the county charges is what is allowed by state law. The county tried to change legislation last year to provide property owners the opportunity to pay all years of delinquent taxes without interest and penalty and to shorten up the time period that a person may be delinquent on taxes; however, the legislature did not approve the change. He said the county plans to draft similar legislation for consideration in the next session.