2. Chrisan Glen riverbank slide issues

Commission Minutes--March 7, 2005 2869 12. CONTRACT APPROVAL, Northstar Materials: Inter-local aovernment aareement for Edward Bvrne Memorial Grant MOTION, passed Mr. Pawluk moved and Mrs. Sorum seconded to approve the following contracts submitted by respective department heads, subject to state's attorney approval, and authorize the chairman to sign: On roll call vote, the motion carried unanimously. Northstar Materials--Bituminous overlays on Cass County Highways 4, 32 and 34; Interlocal agreement between Cass County and the City of Fargo--cost-sharing of the 2005 Edward Byrne Memorial Justice Assistance Grant. 13. ROAD DEPARTMENT, Orchard Glen slide repair Mr. Bennett provided background information on the work of subcommittee members who reviewed problems with river erosion in the Orchard Glen Subdivision, specifically on property owned by Cass County and on the adjacent property, owned by Katherine Murphy. Commissioners received a memorandum dated February 25, 2005, from _ , County Engineer, proposing a solution to the problem. Mr. Berndt was present today, as was Jim Murphy, son of Katherine Murphy. Mr. Bennett said the proposed solution to the slide _ reshaping the riverbank, adding rip-rap near the water and including riparian plantings for a cost estimate of $15,000. Of that amount, the county is seeking a Federal grant that could provide 60% of the funding for eligible work under a program called the Riparian Project. Cass County government and the adjoining landowner would divide the remaining costs on a 50/50 basis. The cost of a legal survey to establish property boundaries would add about $1 ,000, which would be evenly split between the county and Mrs. Murphy also. If Federal funding is unavailable, the project cost to Cass County and Mrs. Murphy would be about $5,900 each on their respective properties, according to Mr. Bennett. He said an amicable agreement has been drafted for each party's consideration, and the contract holds Cass County harmless from and against any and all claims that may arise in the future if the intended remediation project is not successful and there continues to be a failure of the river bank that may affect the Murphy property, including the residence located thereon. MOTION, passed Mr. Bennett moved and Mr. Pawluk seconded to authorize the County Engineer to proceed with Orchard Glen slide repairs and legal survey as outlined in a memorandum to commissioners dated February 25, 2005; further, that the County Engineer coordinate with the Riparian Project; that local costs be split with the adjacent landowner on a 50/50 basis; with county costs, excluding staff time, not to exceed $5,900. Discussion: Mr. Berndt responded to a question about drainage and said the project includes drain tile and plastic pipe to keep the soil as dry as possible near the slide area. Mr. Pawluk stated his concern to Mr. Berndt about preventing any pooling of water in the center area. Aaron Birst, Assistant State's Attorney, was present on Mr. Burdick's behalf and advised the board to complete the above-mentioned agreement with Katherine Murphy and that both parties sign It before any work begins on the project. On roll call vote, the motion carried unanimously.