09-15-1997 - Laserfiche WebLink

12. Commission Minutes--September 15, 1997 1711 FINAL PLATS DELAYED, Richard 2n.d Subdivision; Kris-Bue Subdivision Michael Domitrovich, Fargo City Planner, was present and submitted a letter by fax before today's meeting regarding Final Plat of Richard 2nd Subdivision, NW¼ of Section 5, Township 138N, Range 49W. He suggested delaying the plat at this time and welcomed the opportunity to work with the County Planning Department. The proposed subdivision is located along 52nd Avenue South, which has been identified as a Beltline for the City of Fargo. The property is outside Fargo's extra-territorial zoning authority at this time, however, that authority may be expanded from two miles to four miles with some negotiations over the next months, according to Mr. Domitrovich. Joel Quanbeck, County Planner, was also present and his comments overall are that the City of Fargo has the ability to address planning and zoning issues, whereas, the County does not review and approve land use. In this case, Stanley Township has the zoning authority. Another issue relates to access, and Mr. Quanbeck would like to work with Fargo on this matter also. MOTION, passed Mrs. Quick moved and Mrs. Schneider seconded to delay action on Final Plat approval of Richard 2nd Subdivision for 30 days. Motion carried. Concerning the Final Plat of Kris-Bue Subdivision, Mr. Quanbeck said at a township zoning meeting held about one week ago, the township delayed action on this plat. Therefore, he recommended the County Commission delay it also. MOTION, passed Mrs. Schneider moved and Mrs. Quick seconded to delay action on Final Plat approval of Kris-Bue Subdivision until further notice by the County Planner. Motion carried. COURTHOUSE AND ANNEX, Public telephones Mike Steiner, Data Processing Director, received a letter dated September 15, 1997, from Gerlach Communications, Inc. (GCI) concerning the coin-operated telephones located at the Cass County Courthouse and Annex. He previously received a letter dated August 12, 1997, giving Cass County Government 30 days notice to make other arrangements for pay phone service at these two locations and stating the two pay phones would be removed in 30 days from the date of the August 12th letter. The letter stated they had numerous conversations with Mr. Steiner because they felt the revenue from these machines was extremely Iow and they could not afford to continue the service. State's Attorney, John Goff, said there is a difference in legal opinion on the GCI Site Lease Agreement, which was drafted by GCI. He talked about the term of the agreement and in a response letter dated August 29, 1997, to the GCI letter of August 12th, Mr. Goff said Cass County Government expects GCI to fulfill the terms of the agreement and would consider any early removal of the coin-operated pay phones as a breach of contract. The lease agreement provides that GCI reserves the right to terminate this agreement upon written notice if receipts do not meet production minimum, however, no amount was determined as a production minimum in Paragraph #13. It was left blank. Today's letter from GCI proposes having Cass County Government pay the line charges on both phones of $43 per month/per phone. Mr. Goff said the county could agree to pay that amount or the county could elect to begin a lawsuit against GCI if they do remove the pay phones. Mr. Steiner said he left a message at GCI offering them a chance to be here today for this discussion, but they were not present for this meeting.