07-06-1998 - Laserfiche WebLink

Commission Minutes--July 6, 1998 1831 Mr. Berndt said the land not settled with condemnation recommended is as follows: parcel #1 owned by Gary, Sandra, Robert and Teresa Blackmore. Mr. Blackmore was opposed to $3,000 per acre and indicated he would not settle for less than $6,000 per acre; parcel #18 and #19 are owned by Mary Ann Vogel and was not settled due to numerous concerns; parcel #20 is owned by Sebastian and Kathleen Vogel and was not settled because Mr. Vogel had not been reached; and parcel #23 and #24 is owned by Esther Gill. Ms. Gill was offered $3,000 per acre and indicated she would require $4,000 per acre. Michael McNair, attorney representing Kay, Joan and Mary Ann Vogel, was present. He said the property the Vogels own is included in newly extended extraterritorial area of Fargo and will be re-zoned by the City of Fargo as single family residential within the next month. He said Mary Ann Vogel did not know about the condemnation procedure until two weeks ago. He felt it is premature to condemn the land and said the Vogels were not given an offer by the county. He discussed the safety factor and suggested that 4 acres should be adequate. He said issues have not yet been addressed and wants his clients to be able to discuss this further with the county. He noted the primary concern is to have as little land as possible be taken and asked to have the resolution tabled until further negotiations are completed. Mr. Berndt said his office has been in contact with the Vogels regarding the construction along County Highway 31 for about two years although he did not give them any specific information until recently. Mr. Wieland felt the 40 mile per hour design curve is acceptable and is reluctant to spend the additional funds on land costs when the money could be used elsewhere. He asked if the amount of land taken as well as the speed limit issue be decided before the resolution is approved. Mrs. Schneider suggested waiting until the next meeting to make a final decision to allow some time for negotiation with the Vogels and for the County Engineer to obtain additional information. Mrs. Quick was concerned with the safety issues involved in regard to the design concept and also suggested further negotiations be attempted before a final decision is made. Mr. Meyer said he is uncomfortable taking land when the Commission does not know how much the land is worth. County Auditor Michael Montplaisir said a condemnation board made up of the County Auditor, County Treasurer and County Register of Deeds determines the value of the land and normally does not know how much the land is worth. Mr. Koenig suggested extra time be taken to allow the Vogels to negotiate and to discuss this item at the next meeting. He also discussed the design for the road curve and felt the County Engineer should design the curve appropriately to allow for a 40 mile per hour speed limit and not to be confused with a 40 mile per hour curve. MOTION, passed Mr. Koenig moved and Mrs. Quick seconded to delay a decision on Resolution Declaring Public Necessity to Take Land for Reconstruction on County Highway 31 until the July 20, 1998, Commission meeting. On roll call vote, motion carried unanimously.