03-19-2009 - Laserfiche WebLink

Commission Minutes-March 19, 2009 3487 SPECIAL MEETING OF CASS COUNTY BOARD OF COMMISSIONERS MARCH 19, 2009 1. MEETING CALLED TO ORDER A special meeting of the Cass County Board of Commissioners was called to order by Chairwoman Robyn Sorum at 7:05 PM in the Commission Room, Cass County Courthouse, to discuss flood preparations in the county. Four members were present as follows: Scott Wagner, Ken Pawluk, Robyn Sorum, and Darrell Vanyo via conference call. Vern Bennett was absent. The following county staff was present: Keith Berndt, County Engineer; Dave Rogness, Emergency Manager; Michael Montplaisir, County Auditor; Birch Burdick, State's Attorney; Paul D. Laney, County Sheriff; Frank Klein, County Tax Director; and Terry Schmaltz, Information Technology Director. Members of the local media were also present. 2. RESOLUTION #2009-6 AND RESOLUTION #2009-7, Declaring Necessity to Take Land for construction of emeraency dikes Mr. Rogness said the National Weather Service (NWS) is watching a system anticipated to bring precipitation Sunday through Tuesday. The jet stream is identical to the system two weeks ago which resulted in a blizzard. The Red River is at 16'/2 feet and is expected to rise slowly to 33.2 feet by next Thursday. The NWS crest is predicting a crest of 37 to 40 feet between March 28th and April 1St. Mr. Berndt said due to updated flood predictions, he recommends emergency levees be constructed immediately in the Chrisan, Maple Prairie and Round Hill Subdivisions. The county will need access to three privately-owned parcels to construct the dikes. Two of the property owners are aware of the situation but are reluctant to give their permission. Neither individual is present but understands the action the county most likely will take tonight. Mr. Berndt recommends a temporary easement for five years on a 4.04 acre tract in Stanley Township. This property will be protected by the Fargo Southside Flood Control project and he suggests the temporary dike remain in place. The cost of the easement is $100 per acre for one year. Mr. Berndt recommends the county take a 100 foot strip (2.26 acres) in Stanley Township. This property will not be protected by the Fargo Southside Flood Control project and he recommends the levee be left as a permanent dike. The appraised value of the land is $17,500 per acre. He said about 25 homes would be affected if the dike is not built. Mr. Burdick referred to NDCC 32-15 regarding imminent domain which outlines three estates in which property may be taken: 1) fee simple, which is essentially ownership of the land and permanent in nature; 2) easement, which is for a temporary period of time; or 3) right of entry upon a property for public use. Mrs. Sorum is more comfortable with easements on both properties. Mr. Pawluk is reluctant to take property permanently on such short notice. Mr. Wagner supports a permanent taking of the one parcel, but asked if a temporary easement is done whether the county may permanently take the property at a later date. Mr. Berndt said if temporary easements are approved by the commission, he suggests they be for one year to allow the county an opportunity to negotiate with the property owners.