4. Public comment-Rodney Ballinger

Commission Minutes--October 17, 2005 2992 MOTION, passed Mr. Wagner moved and Mrs. Sorum seconded to amend Commission Policy Manual Section 4.00, Advisory Boards, and appoint Commissioner Vern Bennett to fill a vacancy on the Cass County School Reorganization Committee from Commission District #2, for a term to expire December 31, 2006. On roll call vote, the motion carried with four members voting "Aye" and Mr. Bennett passing on the vote. 11. BEER LICENSE APPLICATION, Approved for Rodney Ballinaer. subiect to state's attorney review An application for a county beer license for the remainder of 2005 was submitted by Rodney Ballinger Enterprises, doing business as Bear Creek Winery south of Fargo. Mr. and Mrs. Ballinger were present and said they have a domestic winery license from the State of North Dakota, and presently serve only their own wine. Commissioners had questions about extraterritorial zoning jurisdiction and if the current agricultural zoning would support a commercial business. Mr. Burdick said he will consult with one of his assistant state's attorney's who has knowledge of beer and liquor issues, and he will try to have an answer to the board's questions by tomorrow. Mr. Pawluk asked if the business will be considered as a bar, and Mr. Ballinger said that is not his intent. He said it is a winery and he is applying for a beer license in order to sell beer during certain occasions, such as wedding receptions or anniversary celebrations. Perry Ronning, Clerk of Stanley Township, telephoned the county commission office earlier today and said the Stanley Township Board of Supervisors gave their consent to issuing a county beer license to Mr. Ballinger. The township, however, has concerns about the amount of traffic and the number of events to be held. Mr. Ronning indicated he would try to attend the commission meeting today; however, he was not present. The Sheriff's Department also reviewed the beer license application submitted by Rodney Ballinger, and they have no concerns at this time from a law enforcement perspective. MOTION, passed Mr. Wagner moved and Mr. Pawluk seconded to approve the application for a county beer license submitted by Rodney Ballinger for the remainder of 2005 at the location of Bear Creek Winery, 8800 25th Street South, Fargo, North Dakota; subject to further review by the state's attorney. On roll call vote, the motion carried unanimously. --- 12. TAX-FORFEITED PROPERTY, Hearina on appraisal Michael Montplaisir, County Auditor, said the only properties on the annual tax sale list this year are in Fargo and West Fargo. Today is the date and time advertised for a public hearing on the appraisal of tax-forfeited property, and Chairman Vanyo opened the public hearing. Since no one was present in the audience at this time, the public hearing was closed.