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Committee Minutes

PLANNING AND ZONING COMMISSION
MEETING MINUTES
City of Grand Forks, North Dakota
November 7, 2007

1. MEMBERS PRESENT

The meeting was called to order by Paula Lee, President, at 7:00 p.m. with the following members present: Steve Adams, Doug Christensen, John Drees, Robert Drees, Al Grasser, Tom Hagness, Dr. Lyle Hall, Bill Hutchison, Curt Kreun, Gary Malm, Frank Matejcek and Marijo Whitcomb. Absent: Mayor (Dr.) Michael Brown. A quorum was present.

Staff present included Brad Gengler, City Planner; Charles Durrenberger, Senior Planner; Ryan Brooks, Senior Planner; and Carolyn Schalk, Administrative Specialist, Senior, Planning and Zoning Department; and Bev Collings, Building and Zoning Administrator (Building Inspections Office). Absent: None.

2. READING AND APPROVAL OF MINUTES FOR OCTOBER 3, 2007.

Lee asked if there were any revisions or corrections to the minutes of October 3rd, 2007. There were no revisions or corrections noted and Lee stated the minutes would stand approved as presented.

3. PUBLIC HEARINGS, FINAL APPROVALS, PETITIONS AND MINOR CHANGES:

3-1. (PUBLIC HEARING) MATTER OF THE REQUEST FROM THE GRAND FORKS-EAST GRAND FORKS METROPOLITAN PLANNING ORGANIZATION (GF-EGF MPO) FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE GRAND FORKS COMPREHENSIVE PLAN BY AMENDING THE GRAND FORKS-EAST GRAND FORKS 2030 TRANSPORTATION PLAN UPDATE (2030 STREET AND HIGHWAY ELEMENT) TOGETHER WITH ALL MAPS, INFORMATION, RECOMMENDATIONS AND DATA CONTAINED THEREIN.

Earl Haugen, Executive Director of the Grand Forks-East Grand Forks Metropolitan Planning Organization, introduced Bill Troe, Project Manager/Consultant hired to amend and update the street and highway plan for Grand Forks-East Grand Forks.

Bill Troe, Transportation Planner with URS Corporation, explained the study process. The first step is to identify the current conditions and evaluate what issues currently exist. Then the process is to look to the future and incorporate land use from the comprehensive plan into the process, which is consistent with federal highway requirements. The next step in the process was to look at the alternatives analysis. For each of the issues identified, the process was to come up with reasonable solutions as possible as well as costs. They also looked at the impacts from an environmental perspective, land use perspective, and acceptance from the community perspective. After going through the process, a set of recommendations was noted. The recommendations can be broken down into three different types of improvements: 1) smaller intersections or smaller segment improvements (Transportation Systems Management) such as adding turn lanes, signals added or upgraded; 2) improvements to existing corridors, such as adding a through travel lane for relatively significant distance; 3) a new route or interchange or river crossing. Another alternative is to “do nothing and live with it” because of cost.

The transportation plan has been divided into three parts: 1) Transportation Improvement Program – a four or five year program reviewed every year. There is funding for the vast majority of projects and most have been approved; 2) Fundable Improvement Program – looking out the next 20+ years (2035 for Grand Forks-East Grand Forks) and are projects that are considered affordable to do; and 3) Identified Needs Plan – projects to be considered but money is not available for them at this point in time. The projects in the Long Range Transportation have to be cost constrained.

Mr. Troe presented a map that showed the recommendations broken down into short-term, mid-term and long-term. He spoke on the 2030 plan and stated there were significant projects at that time that created a great amount of discussion. Instead of re-hashing those projects and the decisions made, they confirmed the more significant projects and asked if anything had dramatically changed the planning assumptions in order to reopen the discussions. For the most part, things have not changed dramatically in composition.

The Fundable Plan was broken into three parts – short-term, mid-term and long-term since they are usually based on development and costs of projects. The short-term projects also overlap the Transportation Improvement Program (TIP). Most of the projects are small-scale projects such as intersection improvements or signal timing improvements.

Mid-term projects are the “heart” of the overall planning process and after the TIP and dollars can be freed up to spend on transportation infrastructure improvements in the region. In Grand Forks, the last plan for Columbia Road was to expand to six lanes based on the assumptions at that time and before the Alerus was built on South 42nd Street. As South 42nd Street was improved, it helped to complement the traffic along Columbia Road. The recommendations are for smaller segment intersection improvements at the bottleneck locations. The Washington Street/DeMers intersection was reviewed and the recommendation is for grade separation alternatives or an interchange at that location. Looking at the adjacent impacts, the results are very significant. Some properties become landlocked and access is disrupted. Mr. Troe said river crossings were reviewed and are consistent with what was approved with the last plan.

Long-term projects are associated with the anticipated level of development proposed to occur within the region. They are generally on the fringe of the urban area and would be used to serve the anticipated residential, commercial and industrial development.

The total costs are broken down into each of the periods. The one big change since the last plan is that the federal government is requiring that project costs be reviewed for the anticipated year of construction. The inflation rates for long-term projects has to be considered in the present plan.

Grasser asked that Mr. Troe give the costs included in the cost estimates.

Mr. Troe said the cost estimates were at gross level. He gave an example of a new two-lane road with an estimated cost per linear foot (including a percentage of 15-25% for right-of-way, 25-30% for contingencies, $150,000 for a intersection signal and special costs for a right-turn lane or left turn lane depending on the type of facility. Engineering costs were also included at approximately 10% of the cost.

Dr. Hall asked why an eastbound right hand lane was not included at the intersection at 17th Avenue South and Columbia Road? Mr. Troe said the turn volume was not there for the right-of-way impacts that would be incurred. Some impacts are causing roadways to get close to customer parking for a facility.

Lee opened the public hearing. There was no one from the audience to speak on the issue and the public hearing was closed. Lee returned the discussion to the commission members.

Hagness stated that just because the plan is approved, the city is not necessarily implementing any of the recommendations. Many of the projects will not be affordable. He questioned including the improvements that have no costs attached.

Haugen stated that one of the federal mandates is to look at safety data and as a result of the analysis, certain intersections came out as abnormal intersections from a safety point of view. Those intersections had to be included as well as a plan to solve them.

MOTION BY CHRISTENSEN AND SECOND BY KREUN TO GRANT FINAL APPROVAL TO THE PLAN. MOTION CARRIED UNANIMOUSLY.

3-2 (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF PEABODY ENTERPRISES LLC AND DESOTO ASSOCIATES, FOR FINAL APPROVAL OF THE PLAT OF PEABODY’S SECOND RESUBDIVISION TO THE CITY OF GRAND FORKS, ND, LOCATED AT SOUTH 20TH STREET AND 36TH AVENUE SOUTH.

Brooks reviewed the request stating a 40-foot strip of right-of-way has been added since the original plat was submitted. There is also a need to remove the 10-foot utility easement on the west side. The building is located within the 10-foot utility easement. Staff recommendation is for final approval.

Lee opened the public hearing. There was no one to speak and the public hearing was closed.

MOTION BY DR. HALL AND SECOND BY WHITCOMB TO GRANT FINAL APPROVAL TO THE PLAT SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.

MOTION CARRIED UNANIMOUSLY.

3-3. (PUBLIC HEARING) MATTER OF THE REQUEST FROM MIKE YAVAROW, ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR FINAL APPROVAL OF THE PLAT OF AUDITOR’S RESUBDIVISION NO. 41 TO THE CITY OF GRAND FORKS, ND, LOCATED AT LEWIS BOULEVARD AND SEWARD AVENUE.

Durrenberger reviewed the request, stating the city purchased lots along the river and consolidated them under one plat. He also noted that approval recognizes a variance on the elevation contours. Staff recommendation is for final approval.

Lee opened the public hearing. There was no one to speak and the public hearing was closed.

MOTION BY JOHN DREES AND SECOND BY DR. HALL TO GRANT FINAL APPROVAL TO THE PLAT REQUEST, SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Check line length on north side of Fenton Avenue.
3. Plat needs vacation of Lewis Boulevard and alleyway east thereof.
4. Plat acceptance recognizes a variance to the Land Development Code Section 18-0907(1)(L) with regards to two-foot elevation contours.

MOTION CARRIED UNANIMOUSLY.

3-4. MATTER OF THE PETITION FROM BRANDEN BARTHOLOMEW, ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR APPROVAL TO VACATE A STREET AND ALLEY RIGHT-OF-WAY BETWEEN AND NEAR BLOCKS 3 AND 4, RIVERSIDE PARK ADDITION, LOCATED IN THE 1400 BLOCK OF LEWIS BOULEVARD.

Durrenberger reviewed the vacation request. Staff recommendation is for approval of
the request.

MOTION BY HUTCHISON AND SECOND BY HAGNESS TO APPROVE
THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.

3-5. (PUBLIC HEARING) MATTER OF THE REQUEST FROM MIKE YAVAROW, ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR FINAL APPROVAL OF THE PLAT OF AUDITOR’S RESUBDIVISION NO. 42 TO THE CITY OF GRAND FORKS, ND, LOCATED AT SOUTH THIRD STREET/MINNESOTA AVENUE TO BNSF RAILROAD.

Durrenberger reviewed the request for the flood project related plat. The plat would consolidate the properties east of South Third Street from Minnesota Avenue to the BNSF Railroad. The plat also includes several previously vacated streets. Durrenberger noted that approval recognizes a variance on the elevation contours. Staff recommendation is for approval.

Lee opened the public hearing. There was no one to speak and the public hearing was closed.

MOTION BY MALM AND SECOND BY WHITCOMB TO GRANT FINAL APPROVAL TO THE PLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Show current 100-year flood line.
3. Plat acceptance recognizes a variance to 18-0907(1)(L) of the Land Development Code with regards to two-foot elevation contours.
4. Add Lot 1, Block 1 to the platted area.
5. Provide additional lotting as necessary for existing infrastructure.

MOTION CARRIED UNANIMOUSLY.

3-6. (PUBLIC HEARING) MATTER OF THE REQUEST FROM ADVANCED ENGINEERING, ON BEHALF OF WILBUR-ELLIS, FOR FINAL APPROVAL OF THE PLAT OF WILBUR-ELLIS ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED AT 2220 BACON ROAD.

Brooks reviewed the request and showed a map to indicate the plat area. The land had never been platted. The Wilbur-Ellis Company is in the process of expanding the property and that requires platting and rezoning.

Lee opened the public hearing. There was no one to speak and the public hearing was closed.

MOTION BY KREUN AND SECOND BY DR. HALL TO GRANT FINAL APPROVAL TO THE PLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Check documents mentioned in item number 12, 13 and 16 of the title opinion to determine any affect on this plat.
2. In the planning and zoning commission approval notary, list the current signers.
3. Revise date of survey in the surveyor’s certificate.

MOTION CARRIED UNANIMOUSLY.

3-7. (PUBLIC HEARING) MATTER OF THE REQUEST FROM LEE FINSTAD, ON BEHALF OF THRIFTY WHITE PHARMACY, FOR APPROVAL OF AN APPEAL TO COLUMBIA PARK SOUTH PUD (PLANNED UNIT DEVELOPMENT), DETAILED DEVELOPMENT PLAN FOR LOT 3, BLOCK 1, COLUMBIA PARK 31ST RESUBDIVISION, LOCATED AT 2475 32nd AVENUE SOUTH. THE APPEAL IS TO ALLOW A DRIVE-THRU WINDOW ON THE EASTERN EDGE OF THE BUILDING.

Brooks reviewed the appeal from Thrifty White Drug after planning staff had denied the drive-thru window for their new location. He showed a map of the existing building located in front of Sam’s where Thrifty White Drug has opened up their new facility. Brooks stated there were six options to be presented for discussion.

Option A map showed a drive-thru on the eastern edge of the building with four-car stacking. He showed the entrance off the main access road that customers use to get to the other businesses in the development. The concern from staff was in not having enough stacking space (code requires four) as well as blocking the road for customers of the other businesses located in the strip mall. Another concern with the drive-thru window for all options is the pedestrian walkway on the north end for customers walking to cars on the east parking area and in front of the drive-thru customers.

Option B showed a dedicated drive thru lane from the access road. This option did provide a drive-thru with enough stacking spaces but having two driveways that close is not allowed by code and would create turning movement conflicts. Brooks noted the Thrifty White owners and representatives had pulled Options B and C but he felt they should still be discussed.

Option C completely removes the one car exiting being in way of the drive-thru but the fourth stacking space ends up out in the driveway aisle so there is not actually a four-car stacking space.

Options D-1, D-2 and D-3 were various drawings of “one-way in only” drive lane but no options showing where the one-way starts and stops. These options created problems with internal traffic in the strip mall. The options also presented angled parking on the eastern edge of the of the strip mall. Brooks also noted the deputy fire chief was present to address the concerns of the fire department.

Brooks stated that according to city code, the appeal process is final at the planning and zoning meeting and does not go on to the city council. Christensen said his understanding was that the city council was the final authority. Brooks said this was one of the rare occasions when the final authority is the planning and zoning commission. After the planning and zoning commission decision, it goes to judicial review. Christensen said they could amend the code.

Christensen asked if a car could go in and out at the location now and Brooks answered yes. Christensen said he would not want that changed since the owner of the building as well as the other tenants have a right to expect that to stay that way. He further stated there was no need for the buffer that was shown on the options. He suggested bumper guards where the current parking spaces are located next to the sidewalk or some type of buffer fence. Also, the sidewalk should be blocked off to protect the pedestrian traffic. The pedestrian traffic would have to walk around in order to make sure about the car traffic. He suggested the drugstore be allowed to have the drive-thru window and if later on, it was determined not to work, then they would have to re-design it. Brooks said he had talked to the engineer working with the Thrifty White to try and work out some type of raised crosswalk for pedestrian safety. Christensen said in some fast food drive-thru areas, they ask a person to pull forward and bring out their order when it is completed. That way, the cars do not get stacked up. He suggested they move the drive-thru window up as far as possible and the drugstore personnel may have to accommodate the customers by taking the order out to them. The drugstore should be given at least a year to see if it will work.

Kreun said the drugstore is being forced to move through no fault of their own. They were asked to relocate when the Leever Food Store closed down. They had a very short period of time to relocate and retrofit the building for their needs. The commission should give them at least a year to try and make it work. Kreun said that probably nothing would alleviate the problems along the ring road. The person at the window would have to make sure the stacking situation is monitored.

There was more discussion on the location of the drive-thru window and the blocking of the pedestrian sidewalk.
Malm asked several questions and finally said the commission allowed the creation of the main access onto the Sam’s/Walmart property as well as the access into the strip mall.

Grasser pointed out the safety issue of the turning movements coming into the Sam’s/Walmart from the north and then turning immediately into the strip mall entrance. He noted there was a great deal of turning into a very small space. The driver will have to be watching carefully. There would be a need to cross lanes while another car is trying to exit.

Lee opened the public hearing.

Lee Finstad, attorney, said he presented the appeal request on behalf of the company. He introduced Mr. Robert Narveson, CEO of Thrifty White Drug and Sean Cullen, engineer from Minneapolis. He stated the goal is to make the drive-thru work and asked that they be allowed to offer other options. He passed out large drawings of the site to commission members.

Bob Narveson, President and CEO of Thrifty White Drug Company, said the drug company has been in the Leever Supermarket since September, 1990 and also located in the medical clinic on Columbia Road since 1992. On September 10, 2007 he received a call that Leever’s Supermarket would be closing down after a “going out of business” sale. This left them with three alternatives: 1) merge with the medical clinic location; 2) sell the store and reduce the options for the public; 3) find another suitable location as soon as possible. Originally, they thought they had seven weeks and then it was reduced to three weeks. After 17 years of service to the Grand Forks area, they decided to relocate. They are committed to the community. During the flood, they operated the pharmacy out of a Winnebago. They’ve been a part of North Dakota since 1884. The criteria for the new location was adequate traffic counts, accessibility and a drive-thru window for convenience and ease for the customers. Drive-thrus are mandatory in new locations in order to compete in the industry. Mothers with sick children, senior citizens and a demand for convenience is expected in the industry, especially in harsh climate conditions. Some of their customers have already left because the competition already offers the convenience. They are the only pharmacy without a drive-thru, except for the Grand Forks Clinic, in the area. In their other locations, there are rarely more than two cars at a time at the drive-thru window. Even in their larger stores, there are usually two and possibly three cars waiting for service at the drive-thru. They monitor the traffic closely and if there is a need, they ask people to pull ahead and wait. They have made the commitment to move forward and commit the resources, maintain the jobs and provide an important service to the Grand Forks community. However, they have to remain competitive in the marketplace and need to figure out a way to do that in the new location. He said he would do whatever was necessary to make it work. They have made a commitment to Grand Forks.

Lee asked his reaction to the drawings where someone is trying to exit the driveway and someone else is trying to get in to go to the drive-thru? He replied there were options and his personal opinion was that the one-way in and out was the most effective. He did not think it would be a big issue due to the amount of traffic in the strip mall. He also commented that any drive-thru presents issues.

Christensen stated they were not traffic engineers and he wanted to facilitate the ability for them to be at the location with a drive-thru window, but he also wants to maintain ingress and egress. He felt they should direct staff to move forward and review it in a year or 18 months to see if the situation was working.

Dr. Hall said he has noticed in other facilities that most people still want to go inside and look around and there are usually not more than two cars in the drive-thru lane. He wanted to see it progress and felt the staff should work with them to make it happen.

Robert Drees asked if customers usually phoned ahead with the prescription or do they generally drive up and present the prescription? He said he was concerned about blocking the cars at the exit area. He goes to another facility in the strip mall and said the corner is terrible if traffic is present.

Mr. Narveson said most people call ahead and use the automated phone service to refill prescriptions. They are also one of the few systems in the country that provides a ready refill program where medicine is available five days before pickup and is waiting for the customer. They are prepared to handle any problems with stacking issues.

There were further questions on proposed options submitted by the drugstore’s engineer, Sean Cullen. He said the one-way option was offered as a way to manage a four-car stack, but it is easily managed with a three-car stack.

Grasser asked if a kiosk could be added on the other side and the prescriptions sent by pneumatic tube in order to manage the traffic. Gengler said there were not existing provisions for an additional structure. Grasser stated that staff in planning and engineering have looked at the alternatives and found flaws with them.

Questions and opinions continued between commission members and Thrifty White Drug personnel. Dr. Hall asked if parking spaces could be reserved to the north for customers waiting for their prescriptions to be filled. Mr. Cullen showed the angled parking they are suggesting for the area and said other parking to the north could be reserved for customers.

Lee closed the public hearing.

MOTION BY CHRISTENSEN AND SECOND BY HAGNESS TO APPROVE THE REQUEST FOR A DRIVE-THRU WINDOW, DIRECT STAFF TO WORK WITH THE DESIGN ENGINEER TO MAKE SURE THERE IS INGRESS AND EGRESS ON BOTH SIDES, THAT THE MOST THEY HAVE TO STACK IS THREE CARS AND ALSO INCLUDE RESERVED PARKING TO THE NORTH IF STACKING GOES BEYOND THREE CARS. ALSO, THIS SHOULD BE ACCOMPLISHED WITHIN THIRTY DAYS. MOTION CARRIED WITH GRASSER AND ROBERT DREES VOTING NAY.

3-8. (PUBLIC HEARING) MATTER OF THE REQUEST FROM STEVE IVERSON, ON BEHALF OF SHOPPES AT AURORA, LLC, FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF LOT 3, BLOCK 1, COTTAGE HOMES RESUBDIVISION TO THE CITY OF GRAND FORKS, ND AND LOCATED AT 4350 SOUTH WASHINGTON STREET.

Brooks reviewed the request, showing the aerial photo of the area. Stadter Center is building a medical office complex. The request is to split up the property so that the medical office complex is a stand-alone property. The remainder of the property will be split in two so there will be three building pads. Originally, the property was set up with a frontage road to handle all of the access. Brooks explained the city’s position on access control for the area. The plan has changed from a frontage road to a “middleage” road.

Lee opened the public hearing. There was no one to speak and the public hearing was closed.

MOTION BY WHITCOMB AND SECOND BY DR. HALL TO APPROVE THE PLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Extend access control line to include all of the south line of Lot C except the west 15 feet.
3. Remove 44th Avenue south right-of-way and Highway No. 81 South right-of-way from the plat drawing.
4. In the land description of the owner’s consent, remove the word “a replat of a replat of”.
5. Provide copies of private access easement, or sewer, water crossover agreements to serve proposed Lots B & C.

MOTION CARRIED UNANIMOUSLY.

3-9. MATTER OF THE PETITION TO VACATE A 40-FOOT WIDE “INGRESS/EGRESS ACCESS EASEMENT” BEING THE EASTERLY 40 FEET OF LANDS PLATTED AS LOT 3, BLOCK 1, COTTAGE HOMES RESUBDIVISION, GRAND FORKS, NORTH DAKOTA, ACCORDING TO THE PLAT ON FILE WITH THE GRAND FORKS COUNTY RECORDER, DOCUMENT NUMBER 649417.

Brooks stated the vacation is for the frontage road access easement. Staff recommendation is for approval.

MOTION BY CHRISTENSEN AND SECOND BY MATEJCEK TO APPROVE THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.

4. COMMUNICATIONS AND PRELIMINARY APPROVALS:

4-1. MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF PEABODY ENTERPRISES LLC AND DESOTO ASSOCIATES, FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE FROM THE B-3 (GENERAL BUSINESS) DISTRICT AND TO INCLUDE WITHIN THE PEABODY’S PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1, ALL OF PEABODY’S SECOND RESUBDIVISION, LOCATED IN THE VICINITY OF SOUTH 20TH STREET AND 36TH AVENUE SOUTH.

Brooks reviewed the rezoning request and said a site plan would be reviewed by planning staff in the near future. The business will be sharing access off South 20th Street and the possibility of one access off South 36th Street. The planned unit development (PUD) zoning would be for B-3 type uses and would also include lumberyards. Staff recommendation is for preliminary approval.

MOTION BY MALM AND SECOND BY WHITCOMB TO APPROVE THE REZONING REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Remove the reference to the Detailed Development Plan in the title.
2. Remove information regarding the Minor Changes.
3. Other technical changes as shown on the map.

MOTION CARRIED UNANIMOUSLY.

4-2. MATTER OF THE REQUEST FROM INTERSTATE ENGINEERING, INC., ON BEHALF OF G-F GRAIN COMPANY, FOR PRELIMINARY APPROVAL OF THE PLAT OF CONAGRA SUBDIVISION TO THE CITY OF GRAND FORKS, ND, LOCATED NORTH OF 54TH AVENUE NORTH AND WEST OF U.S. HIGHWAY 81 (SECTION 18, FALCONER TOWNSHIP).

Gengler reviewed the request for Items 4-2 and 4-3 since they were related. The first is the plat for the existing development of two operations. One is the ConAgra Grain Terminal and the other one is the UAP Distribution Inc. which is an ag-fertilizer distribution facility. The property is currently unplatted and zoned A-2 and has been for many years. The plat will separate the parcel into two lots and businesses. Staff is proposing the property also be rezoned. The existing land uses are not considered to be permitted land uses. There is existing adjacent I-2 property and would coincide with the long-range land use plan. Since it is already built out, now is the time to rezone and make it consistent with the land use plan. Staff recommendation is for preliminary approval of the plat.

Matejcek made a correction to the legal description. He also requested to be excused from voting.
MOTION BY MALM AND SECOND BY CHRISTENSEN TO EXCUSE MATEJCEK FROM VOTING ON THE ITEMS 4-2 AND 4-3. MOTION CARRIED UNANIMOUSLY.

MOTION BY CHRISTENSEN AND SECOND BY KREUN TO GRANT PRELIMINARY APPROVAL TO THE PLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Orient drawing so that north is the top of plat.
3. Remove park district approval as 8% park dedication does not apply to commercial or industrial uses.
4. Change Conagra Subdivision to Conagra Addition in the title block and the owner’s certificate
5. Label 54th Avenue North along south line of Section 18.
6. Add title to “owner’s consent and dedication.”
7. Add complete land description to the owner’s consent and dedication.
8. Include “Block 1” labeling to the platted lands.
9. Show and dimension railroad and Highway 81 rights-of-way east of the platted area.
10. Show and dimension Interstate 29 right-of-way north of platted areas.
11. Label all lands within a minimum of 100 feet of the platted area.
12. State basis of bearings.
13. Show plat boundary as a dark line and extend to the south line of Section 18.
14. Dedicate 40 feet of right-of-way to the public use north of the south line of Section 18 (54th Avenue North).
15. State scale of drawing.
16. Plat requires street and highway ordinance.
17. Submit letter to address the following items concerning site: site grading and drainage, water service, wastewater system, roadway maintenance.
18. Remove unnecessary items from legend.

MOTION CARRIED UNANIMOUSLY.

4-3. MATTER OF THE REQUEST FROM THE GRAND FORKS PLANNING DEPARTMENT FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO REZONE AND EXCLUDE FROM THE A-2 (AGRICULTURAL URBAN RESERVE) DISTRICT AND INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL) DISTRICT, ALL OF CONAGRA SUBDIVISION TO THE CITY OF GRAND FORKS, ND, LOCATED NORTH OF 54TH AVENUE NORTH AND WEST OF U.S. HIGHWAY 81 (SECTION 18, FALCONER TOWNSHIP).

This was reviewed with the previous item. Gengler stated that staff recommendation is for preliminary approval.

MOTION BY DR. HALL AND SECOND BY WHITCOMB TO GRANT PRELIMINARY APPROVAL OF THE REZONING REQUEST. MOTION CARRIED UNANIMOUSLY.

4-4. MATTER OF THE REQUEST FROM MYRA COLLETTE, ON BEHALF OF THOMAS J. THOMPSON, FOR PRELIMINARY APPROVAL OF THE PLAT OF CALVARY CEMETERY SOUTH ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, AND LOCATED AT 11TH STREET NORTHEAST AND 10TH AVENUE NORTHEAST.

Gengler reviewed the request, stating the item had been presented to commission member last month as an information item. The following item (4-5) is the planned unit development (PUD) for the plat. The plat is approximately 20 acres and located three miles south of 62nd Avenue South. There is also a request attached to the plat for a variance to the driveway access into the proposed cemetery. The design team has not finalized the actual location of the driveway. Therefore, staff is recommending preliminary approval of the plat without knowing the actual location of the driveway. That will be determined prior to final approval at the December meeting.

MOTION BY MALM AND SECOND BY HAGNESS TO GRANT PRELIMINARY APPROVAL OF THE PLAT TO INCLUDE THE VARIANCE FOR THE DRIVEWAY LOCATION AND ALSO SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Expand right-of-way to 75 feet of width along Columbia Road.
3. Identify both east/west and north/south quarter-quarter lines.
4. Add access control along Columbia Road as noted.
5. Add 15-foot utility easements along north, south and east sides of property.
6. Submit letter to address the following items concerning this site: site grading and drainage, water service, wastewater systems and roadway maintenance.

MOTION CARRIED UNANIMOUSLY.

4-5. MATTER OF THE REQUEST FROM THOMAS J. THOMPSON, ON BEHALF OF CALVARY CEMETERY ASSOCIATION, FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE FROM THE A-1 (AGRICULTURAL PRESERVATION) DISTRICT, AND INCLUDE WITHIN THE CALVARY CEMETERY SOUTH PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, ALL OF CALVARY CEMETERY SOUTH ADDITION, LOCATED AT 11TH STREET NORTHEAST AND 10TH AVENUE NORTHEAST.

Gengler reviewed the request, explaining the PUD does list the uses allowed. Initially, cemeteries were allowed under a conditional use permit (CUP) but staff and cemetery representatives agreed to the PUD process. Staff recommendation is for preliminary approval.

Kreun commented the cemetery is being planned because they have only one or two more years to reach the capacity of the existing cemetery located at Gateway and Columbia Road. Kreun asked how the existing site would be maintained.

Gengler said as part of state law and licensing, they have an obligation to maintain the cemetery facilities.

Malm said they are required by law under the term “perpetual care” to maintain any facility.

Robert Drees commented on the water issues for the proposed land.

Grasser commented that the commission should probably recognize the incomplete nature of the infrastructure for the land so that when future assessments are received, they are aware of it. Gengler said they could add language to that effect on the zoning document.

Christensen commented on the burial site in Louisiana with all the water issues. There should be appropriate language made for the water drainage. He commented on the existing cemetery and although they are running out of room, assessments will still be assessed and expected to be paid. He does not want to see the existing cemetery abandoned because of assessments. He wondered if they should be approving a new cemetery without knowing for sure the assessments will be paid on the existing facility. He felt there should be some language that water issues have to be addressed for the new one and that some type of arrangements be made that the assessments on the existing one is covered before the new one is operational.
Malm suggested the city take a look at how cemeteries are assessed. Christensen commented the city had already done that and further that the area of the existing area is pretty well owned by the State of North Dakota.

Discussion ensued regarding special assessments.

MOTION BY HUTCHISON AND SECOND BY HAGNESS TO APPROVE THE PUD BEING MINDFUL OF LONG-RANGE WATER ISSUES AND ALSO SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Show access control along Columbia Road as depicted on the proposed plat of Calvary Cemetery South Addition. Show the access control symbol in the legend.
2. Replace the permitted use table with the following text.

Permitted Uses:
· Burial sites, including both headstone and footstone monuments.
· Cremation gardens, including both headstone and footstone monuments.

· Columbarium: a place for the storage of cinerary urns (i.e. urns holding a deceased’s cremated remains). Columbaria can be either free standing units, or part of a mausoleum or another building.

· Maintenance buildings for the storage of equipment and materials incidental to the operation of cemeteries.

· Outdoor alters.

· Mausoleum: An external free-standing building constructed as a monument enclosing the interment space or burial chamber of a deceased person or persons. A mausoleum may be considered a type of tomb or the tomb may be considered to be within the mausoleum.

· Perimeter fencing and landscaping. Plans for fencing and landscaping shall be submitted to and approved by the Grand Forks City Planning Department.

· All other applicable local, state, and federal regulations pertaining to the operation of a cemetery not specifically stated herein shall be followed.

· Signs, as regulated by Section 18-0301 of the Grand Forks Land Development Code. Plans for all signs shall be submitted to and approved by the Grand Forks City Planning Department.

3. Change the zoning description as shown on the review copy.

4. Make all appropriate changes to the PUD drawing that are shown on the plat review copy.

Gengler commented that the water drainage issue was required as part of the platting process.

MOTION CARRIED UNANIMOUSLY.

Hagness left the meeting at 8:53 p.m.

4-6. MATTER OF THE REQUEST FROM WIDSETH, SMITH NOLTING AND ASSOCIATES, ON BEHALF OF GUNDA PEDERSON ESTATE FOR PRELIMINARY APPROVAL OF THE PLAT OF GUNDA PEDERSON FARMSTEAD TO THE CITY OF GRAND FORKS, ND, AND LOCATED AT SOUTH 69TH STREET AND 32ND AVENUE SOUTH.

Durrenberger reviewed the request for platting of a farmstead, noting the area on the aerial photo. The entire farmstead is separated by previously platted lots. He pointed out property that was discussed several months ago for a riding stable. The residual of the property has adequate acreage to create two lots of 40 acres. Staff recommendation is for preliminary approval with a variance for the access. The access is placed as far away as possible from the intersection, but still does not meet the subdivision requirements.

MOTION BY JOHN DREES AND SECOND BY CHRISTENSEN FOR PRELIMINARY APPROVAL OF THE PLAT REQUEST WITH THE VARIANCE AND ALSO SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Add access control as shown.
3. Plat acceptance recognizes a variance to Land Development Code 18-0907(2)(L)(3) with regards to access on South 69th Street.
4. Include a 10-foot wide utility easement around the perimeter of Lot 1.
5. Plat is subject to 8% park dedication.
6. Identify lands ease and north of plat area.
7. Submit a letter to address the following items concerning this site: site grading and drainage, water service, wastewater systems and roadway maintenance.
8. Along the north and east boundary of the plat, add a 15-foot wide easement with the first five feet (adjacent to right-of-way) for utility, pedestrian/bikeway usage and the next 10-feet for utility purposes only.

MOTION CARRIED UNANIMNOUSLY.

5. REPORTS FROM THE PLANNING DEPARTMENT:

None.

6. OTHER BUSINESS:

6-1. MATTER OF SELECTION COMMITTEE OF OFFICERS FOR 2008-2009. CURRENT OFFICERS: PAULA LEE, PRESIDENT/CHAIRPERSON; JOHN DREES, VICE PRESIDENT; DR. LYLE HALL, SECRETARY.

Lee announced that Matejcek, Hutchison and Whitcomb would be the selection committee for officers for 2008-2009 and would report back at the December meeting.

6-2. MATTER OF DISCUSSION CONCERNING ENFORCEMENT WITHIN THE FOUR-MILE ETZ (EXTRATERRITORIAL ZONE) AREA.

Gengler reported the item was placed on the agenda by Matejcek and asked Matejcek to speak on the issue.

Matejcek said several residents in his township approached him about zoning. Since the city now has jurisdiction within the four-mile area, he thought it would be a good idea to set out guidelines for enforcement of rules. He explained the background of the issue located in the Stadstad Addition. Mr. Stadstad had a cabinet making business and also sold lots for housing. When Mr. Stadstad sold his property, the cabinet making business was grandfathered in. It is not based on the owner, but on the use of the property. When that use was discontinued, it went back to a residential status. Now the city has inherited the problems that exist in the four-mile area. The residents who bought property from Mr. Stadstad feel there is an inappropriate use in the building. It has been turned into an auto repair business nestled between three residential houses. There are also access problems that need to be addressed.