03-31-1987 - Laserfiche WebLink

6375 Abatements apprvd Jack Anderson, John Nicklawsky, Joyce McCartney MacFarlane Sale of Annex- closing date extended up to 60 -day period and Tower Corp. to deposit addtl. $20,000 earnest money Flood emergency handled by DES Manager addtl. sandbags to be purchased Flood emergency- bilis to be paid from Emerg. Fund Critical Area Treatment Projects on C31 PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS OF CASS COUNTY, NORTH DAKOTA MARCH 31, 1987 REGULAR MEETING OF CASS COUNTY BOARD OF COMMISSIONERS Chairman Alon Wieland called the meeting to order with all members present as follows: Jeannette Stanton, Don Eckert, Oscar Sondrall, Ray Larson and Alon Wieland. Mr. Larson moved and Mrs. Stanton seconded that the minutes of the previous meeting be approved as written. Motion carried. A hearing was held on the Application for Abatement and Settlement of Taxes submitted by Jack F. Anderson for property in Holman's 3rd Subdivision, Stanley Township. Mr. Larson moved and Mr. Sondrall seconded to accept the recommendation of Clarence Miller, County Director of Tax Equalization, to set the true and full value at $1,000.00 for the years 1984, 1985 and 1986. On roll call vote, the motion carried unanimously. A hearing was held on the Application for Abatement and Settlement of Taxes submitted by John R. Nicklawsky for property in Raymond Township. Upon the recommendation of Clarence Miller, Mr. Sondrall moved and Mrs. Stanton seconded to reduce the true and full value from $71,872 to $63,872 for the years 1985 and 1986. On roll call vote, the motion carried unanimously. A hearing was held on the Application for Abatement and Settlement of Taxes submitted by Joyce McCartney MacFarlane for property in the City of Casselton. Upon the recommendation of Clarence Miller, Mrs. Stanton moved and Mr. Larson seconded that the true and full value be set at $50,000 for the years 1985 and 1986. On roll call vote, the motion carried unanimously. Abate. for Cargill A hearing was held on the Application for Abatement and Settlement of Taxes submitted by postponed for Cargill, Inc. for the sunflower and flaxseed oil processing plant in the City of Riverside. Doug Herman, period of 35 Attorney for Cargill, Inc., was present. Clarence Miller, County Director of Tax Equalization, stated days that the State Board of Equalization appraised the property at $12,200,000 and the Abatement Application requests a reduction to $5,500,000 in market value. He noted that the City of Riverside denied the Abatement Application on March 9, 1987; and he recommends that the abatement be denied for the reason that there is a lot of dispute over what is personal property and what is real property. Mr. Herman stated that Cargill Inc. has ordered a new appraisal by Peter J. Patchin, and Cargill would amend the amount on the Abatement Application if the appraisal is higher. He indicated that if the County Commission denies the application, the matter would likely proceed to District Court and be resolved in litigation. Commissioners Stanton and Larson were concerned that the sunflower plant at Riverside may be forced to close, as the industry has had recent economic difficulties. Clarence Miller did not feel the County Commission is in the position to judge what is personal and what is real property, and he feels that matter should be resolved in Court. He asked about the time frame in which the County Commission must act upon the abatement application, but Doug Herman stated that he does not believe the 10 -day period mentioned in the statutes applies to the time that the County Commission has to act upon an abatement. He stated that he would sign any written document that the States Attorney might prepare, if the County Commission felt it was necessary, stating that Cargill Inc. would waive any time limit for the County Commission to act. Mr. Larson suggested not making a decision until the new appraisal is received and can be reviewed. Mr. Larson moved and Mrs. Stanton seconded to postpone the continuation of the hearing on Abatement Application #3848 for Cargill, Inc. for a period of 35 days, until May 5, 1987, at 9:15 A.M. Motion carried. Upon the request of Mark Richman, representing the Tower Corporation, Mr. Larson moved and Mr. Sondrall seconded to extend the closing date for the sale of the Cass County Annex building from April 1 up to a 60 -day period, no later than June 1st, the Tower Corporation to deposit an additional $20,000 in earnest money to be paid no later than April 6, 1987, to be applied to the purchase price, that 8% interest be paid to the County beginning April 1st on a per diem basis until the date of closing; and that Tower Corporation be allowed to store refrigeration equipment in the building. At the suggestion of the States Attorney, the Chairman asked him to prepare a written memorandum of understanding to be signed by Tower Corporation and Cass County. On roll call vote, the motion carried unanimously. Glenn Ellingsberg, Disaster Emergency Services Manager, provided the Commissioners with copies of a "Situation Report" on the Sheyenne River flooding near Horace, which began last Friday. A Declaration of an Emergency was signed by Chairman Alon Wieland on the date of March 27, 1987. Mrs. Stanton moved and Mr. Larson seconded that the Disaster Emergency Services Manager be authorized to purchase 10,000 sandbags immediately to replenish those used this past weekend, at a cost of approximately $5,500 to be paid from the County Emergency Fund. On roll call vote, the motion carried unanimously. Mr. Eckert moved and Mr. Sondrall seconded that all additional expenses incurred during the emergency situation with the Sheyenne River flooding this past weekend be paid out of the County Emergency Fund, these expenses being estimated at $5,000.00. On roll call vote, the motion carried unanimously. Upon the recommendation of County Engineer Don Richards, Mr. Larson moved and Mrs. Stanton seconded that the Chairman be authorized to sign the "Assurances Relating to Real Property Acquisition" stating that Cass County has obtained the necessary right of way for two Critical Area Treatment projects on County Road 31 located in the SE* of Section 23 and the NE$ of Section 26, Harwood Township. Motion carried unanimously.