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Commission Minutes—December 5, 2022 5671 <br />i <br />increase and no change to the current menu. On roll call vote, the motion <br />carried unanimously. <br />11. ROAD, Public Hearing for road rights-of-way set for January 17, 2023 <br />The County has been working with the Metro Flood Diversion Authority (FMDA) and Cass County <br />Joint Water Resource District (CCJWRD) on road closures for the construction of the FM Diversion <br />Project. In April of 2021, Cass County, FMDA, and CCJWRD approved a Memorandum of <br />Understanding for the construction of the Diversion over road rights-of-way (ROW). County <br />Engineer, Jason Benson was present and said the County is being asked by the FMDA and <br />CCJWRD to take control of and prepare to close portions of 169th Avenue Southeast, 168th Avenue <br />Southeast, 29th Street Southeast, 76th Avenue North, 52"d Avenue North, 32"d Avenue Northwest, <br />38th Street Northwest, and 35th Street Southeast that will be impacted by Phase 2 of the FM <br />Diversion Storm Water Diversion Channel and Associated Infrastructure (SWDCAI). Mr. Benson <br />said pursuant to the terms of the MOU, the next steps are to set a date and time for a public hearing <br />on the requests. He said once the public hearing is set, the Highway Department will send notices of <br />the public hearing to landowners within 1,000 feet of the closures at least 30 days prior to the <br />hearing. <br />Mr. Benson said he is requesting the public hearing be set for Tuesday, January 17, 2023 during the <br />regular meeting of the Cass County Commission. He said following the public hearing, the Board will <br />be asked to approve a resolution taking over road ROW and granting permission to permanently <br />obstruct the same and the underlying section lines of each road. <br />Mrs. Scherling asked what other steps are taken to ensure residents are informed of the road <br />closures. Mr. Benson said the P3 contractors of the FM Diversion project are responsible for putting <br />up signs informing the community of the road closures. He said the contractor has also agreed to <br />send information to Townships affected by the closures. Mr. Benson said he has not heard any <br />negative comments after the last closures were approved and closed. <br />MOTION, passed <br />Mr. Kapitan moved and Mr. Grindberg seconded to set a public hearing for <br />Tuesday, January 17, 2023 at 3:30 PM during the regular meeting of the Cass <br />County Commission for a resolution to take over road rights-of-way and grant <br />written permission to permanently obstruct the same of 169th Avenue <br />Southeast, 168th Avenue Southeast, 29th Street Southeast, 76th Avenue North, <br />52nd Avenue North, 32nd Avenue Northwest, 38th Street Northwest, and 35th <br />Street Southeast. Mr. Grindberg asked if there will be many roads and bridges <br />closed during the construction of the FM Diversion. Mr. Benson said there will <br />be closures for some roads and bridges. He said there are plans for the <br />Diversion contractors to build bypasses for some roads to give residents <br />access. On roll call vote, the motion carried unanimously. <br />12. ROAD, Budget adjustment for Highway Department surveying equipment approved <br />Mr. Benson said he is requesting a budget adjustment in the amount of $54,000 to replace the <br />Highway Departments surveying GPS base and rover heads as the current heads are five years old <br />and replacement parts to repair them are no longer available. He said this purchase was not <br />included in the 2023 budget. Mr. Benson said RDO Equipment is offering $20,000 to trade in the old <br />equipment. <br />MOTION, passed <br />Mr. Breitling moved and Mr. Kapitan seconded to authorize the Chairman to <br />sign the purchase order and approve the quote from RDO Equipment Company <br />for $54,000 and approve a budget adjustment for the 2023 budget in the amount <br />of$54,000. On roll call vote, the motion carried unanimously. <br />13. CORONER'S OFFICE, Budget adjustment for vehicle purchase approved