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M E M O TO: Cass County Commissioners <br />FROM: Robert W. Wilson DATE: March 24, 2021 <br /> SUBJECT: March 25th Special Meeting Items <br /> At a special meeting on March 25th, 2021 the Board may consider approving an agreement between Cass County and KNB Properties, LLC. In late 2019 KNB Properties installed an unapproved access to its business location off County Highway 16, just east of the I-29 exit (3301 124th Ave. <br />South, Section 35). The access violates two county ordinances. On January 21, 2020, the Commission authorized sending KNB Properties a letter outlining the violations and a demand to remedy the violations within 20 days. That letter was dated the following day and signed by States Attorney Birch Burdick. <br />Within the 20-day time period KNB Properties responded, through counsel, to Mr. Burdick indicating a willingness to work with the county to find a more suitable access location. In a February 12th email Mr. Burdick made a record of a meeting earlier that day involving Cass County and KNB Properties representatives. The email indicates the 20-day timeline would be suspended as the parties attempt to work towards a mutually agreeable <br />solution. On March 11th County Engineer Jason Benson met with KNB Properties representatives to discuss specific timelines and processes Cass County would develop to modify the existing access (at KNB Properties expense) to meet county ordinance requirements. There were no further communications between the parties until May 29, 2020, when Mr. Benson contacted KNB properties again, reiterating a willingness to work in good faith with them. Mr. Benson received a response from KNB Properties legal counsel on July <br />13th, providing the first indication the business was not in agreement with several steps Mr. Benson outlined to bring the approach into compliance. <br />On July 21st county staff approached the Commission requesting Mr. Burdick contact KNB Properties legal counsel and inform them the hold on the 20-day requirement to remedy the violation was lifted, and if action were <br />not completed the county would act. A motion was approved authorizing the County to take enforcement action on or after August 25th. Cass County Commission March 24, 2021 Page 2 <br /> <br /> <br />County <br />Administrator <br /> <br />Robert W. Wilson <br />701-241-5770 <br />wilsonro@casscountynd.gov <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />PO Box 2806 <br />211 Ninth Street South <br />Fargo, North Dakota 58108 <br /> <br /> <br />www.casscountynd.gov <br />