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<br />Commission Minutes--May 17, 2004 <br /> <br />2727 <br /> <br />8. <br /> <br />OMITTED ASSESSMENTS, Approved <br />MOTION, passed <br />Mr. Bennett moved and Mr. Wagner seconded to add Lot 14 Block 2, Maple <br />Grove Subdivision, as omitted property for 2003 in the amount of $445,900 <br />residential lot and structure, according to notice sent from the county auditor <br />to David & Kay Bain, Horace, North Dakota. On roll call vote, the motion <br />carried unanimously. <br /> <br />9. <br /> <br />CONTRACT APPROVAL, NACo Deferred Compensation proaram; Mark Sand & <br />Gravel; Heinze Earth Movina <br />MOTION, passed <br />Mr. Bennett moved and Mr. Wagner seconded to approve the following <br />contracts submitted by respective department head, subject to state's <br />attorney approval, and authorize the chairman to sign: On roll call vote, <br />the motion carried unanimously. <br /> <br />National Association of Counties Deferred Compensation Program--Ioans to <br />participants amendment to plan document; <br /> <br />Mark Sand & Gravel Dakota Co. d/b/a Gutzmer Sand & Gravel Co.--indefinite <br />quantity of Class 13 gravel, Lisbon pit; <br /> <br />Heinze Earth Moving--indefinite quantity of Class 13 gravel, Page stock <br /> <br />10. ABATEMENT APPLICATION HEARING, John & Mary Swartz <br />Frank Klein, Director of Equalization, reviewed his investigation of the abatement application <br />submitted by John and Mary Swartz. The property is located at 4802 57th Street North, <br />Harwood, North Dakota and is in the NE~ of 17-140-49 of Reed Township, just north of <br />Fargo and West Fargo. The Swartz's requested the value on their home be reduced from <br />$170,000 to $130,000 because their property was placed in the floodway when maps were <br />re-drawn by the Federal Emergency Management Agency (FEMA) after the 1997 flood. <br /> <br />Mr. Klein said the Swartz's applied for a building permit from the City of Fargo in early 2003. <br />The property falls under Fargo's zoning jurisdiction because the land is in within their <br />extraterritorial boundaries. The permit was denied because the home was determined to be <br />in a floodway. It appears that when the new map was drawn by FEMA, part of the Swartz <br />property was inadvertently placed in the floodway. In order to remove it from the floodway, <br />a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) must be filed with <br />FEMA. The Swartz's were informed of the cost involved and that they would have to bear <br />some of the cost, which they do not agree with since the error was made by someone else. <br />The Reed Township Board recommended the value of the property be reduced to $70,000. <br /> <br />Mr. Klein said considering the time and costs involved and the risk of capital to remove the <br />property from the floodway and considering the fact that the property still has value if the <br />floodway matter is not resolved, he recommends the assessment be reduced 10% or <br />$17,000 for a total value of $153,000. <br /> <br />Mr. and Mrs. Swartz addressed the Commission and provided testimony. Mrs. Swartz said <br />their property being in the floodway is equivalent to being on the wet side of a dike. <br />