Committee Minutes
PLANNING AND ZONING COMMISSION
MEETING MINUTES
City of Grand Forks, North Dakota
January 2, 2008
1. MEMBERS PRESENT
The meeting was called to order by Paula Lee 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; Ryan Brooks, Senior Planner; and Carolyn Schalk, Administrative Specialist, Senior (Planning and Zoning Department) and Bev Collings, Building and Zoning Administrator (Inspections Office). Absent: Charles Durrenberger, Senior Planner, Planning and Zoning Department.
2. READING AND APPROVAL OF MINUTES FOR DECEMBER 5, 2007.
Lee asked if there were any corrections or changes to the minutes of December 5, 2007.
Matejcek stated that page 2, next to last paragraph of the minutes should reflect that all taxes, other than any city taxes ConAgra currently pays, would be paid to Grand Forks County, not to Falconer Township. No other changes or corrections were noted and Lee said the minutes would stand as amended.
PUBLIC HEARINGS, FINAL APPROVALS, PETITIONS AND MINOR CHANGES:
3-1.
(PUBLIC HEARING) MATTER OF THE REQUEST FROM PAUL R. MAHLEN, PROPERTY AND RIGHT-OF-WAY MANAGER, ON BEHALF OF MINNKOTA POWER COOPERATIVE, INC., FOR FINAL APPROVAL OF THE
PLAT OF PRAIRIE POWER ADDITION
TO THE CITY OF GRAND FORKS, ND, AND LOCATED EAST OF SOUTH 58TH STREET, BETWEEN 11TH AVENUE SOUTH AND 17TH AVENUE SOUTH.
Gengler announced that due to some renovation of the council chambers, the camera was not available for use during the meeting.
Gengler stated staff had conducted a final review of the plat for Prairie Power Addition. The property is located west of the existing Industrial Park and contains approximately 75 acres. The plan is to develop only lot 2 in the spring for a material storage facility; the remainder of the property is not being developed at this time. Gengler also noted staff is working with the city attorney’s office to develop the annexation ordinance and agreement for the property. The annexation ordinance will be part of the February agenda. He asked that any motion for the plat should be subject to acceptance of the annexation. Staff recommendation was for final approval.
Grasser said Grand Forks had been removed from the floodplain but as part of the letter of map revision, floodplain and floodway elevations have been established for major drainage ditches and diversion channels. To meet the criteria set by the corps and not impact the profiles, the requirement should be added that post-development peak runoff rates do not exceed pre-development runoff rates. He recommended the addition of No. 3 be added to the technical changes to reflect “post-development runoff rates cannot exceed pre-development runoff rates.” Grasser stated the area is to drain in Legal Drain No. 9.
Lee asked what mechanisms could be used for measuring the pre-development and post-development runoff?
Grasser explained it would depend on the type of development but it can be accomplished with holding ponds, either on-site or as part of a regional area, or they could pond the runoff on the parking lots.
Robert Drees said he farmed the land years ago and water generally flows north along the railroad tracks; it is now blocked by the water treatment plant. He said there were culverts running under the railroad tracks that would divert runoff to the other side. The current operator put a culvert south into Legal Drain No. 9 so there appears to be several options for the water runoff. He asked if the property is annexed, would 17th Avenue South be changed or upgraded or would there be specials for each side of the roadway due to the annexation.
Gengler said the annexation would only be for lot 2 with other language that the company would not protest annexation in the future.
Christensen commented that he did not think an agreement “not to protest annexation” is legal. Gengler said century code states that if the distance is one-quarter mile or less from city limits, an agreement can be used but it is illegal if it is more than one-quarter mile.
Christensen said if the issue is passed, it should be subject to the review and approval by the engineering department on the runoff issues.
Lee opened the public hearing. There was no one to speak and the public hearing was closed. The issue was returned to the commission for a decision.
MOTION BY WHITCOMB AND SECOND BY CHRISTENSEN TO GIVE FINAL APPROVAL OF THE PLAT SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY AND ALSO THAT ANY DRAINAGE ISSUES BE REVIEWED BY THE ENGINEERING DEPARTMENT. FINAL APPROVAL IS ALSO SUBJECT TO APPROVAL OF ANNEXATION.
1. Submit title opinion.
2. Total width of utility easements along the north line of 17th Avenue South should be 15 feet and along the east line of South 58th Street should be 20 feet including the five-foot pedestrian/bikeway easement.
3. Post-development runoff rates cannot exceed pre-development runoff rates.
MOTION CARRIED UNANIMOUSLY.
3-2. (PUBLIC HEARING) MATTER OF THE REQUEST FROM MINNKOTA POWER COOPERATIVE, INC. FOR FINAL APPROVAL OF AN
ORDINANCE TO AMEND THE ZONING MAP
TO EXCLUDE FROM THE A-2 (AGRICULTURAL URBAN RESERVE) DISTRICT AND TO
INCLUDE WITHIN THE I-2 (HEAVY INDUSTRIAL) DISTRICT, ALL OF PRAIRIE POWER ADDITION
TO THE CITY OF GRAND FORKS, ND, LOCATED EAST OF SOUTH 58TH STREET, BETWEEN 11TH AVENUE SOUTH AND 17TH AVENUE SOUTH.
Gengler stated the rezoning of the previously discussed plat would include the entire area and change it from agricultural urban reserve to heavy industrial uses. Staff recommendation was for final approval of the rezoning ordinance and is conditional on an annexation agreement as well.
Lee opened the public hearing. There was no one to speak and the public hearing was closed. The issue was returned to the commission for a decision.
MOTION BY HAGNESS AND SECOND BY CHRISTENSEN TO GIVE FINAL APPROVAL TO THE REZONING REQUEST. MOTION CARRIED UNANIMOUSLY.
3-3. (PUBLIC HEARING) MATTER OF THE REQUEST FROM MIKE JUNTUNEN, ON BEHALF OF VICTOR LUNSKI, FOR FINAL APPROVAL OF THE
PLAT OF LUNSKI FAMILY ADDITION
TO THE CITY OF GRAND FORKS, ND AND LOCATED AT 6526 17TH AVENUE SOUTH.
Brooks reviewed the plat request stating it was to remove an existing farmstead from the farmland. Staff recommendation was for final approval.
Lee opened the public hearing. There was no one to speak and the public hearing was closed. The issue was returned to the commission for a decision.
MOTION BY DR. HALL AND SECOND BY ADAMS TO GIVE 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.
4. COMMUNICATIONS AND PRELIMINARY APPROVALS:
None.
5. REPORTS FROM THE PLANNING DEPARTMENT:
Gengler stated materials had been passed out to each commission member. One was an article on LED lights on signs that are part of a current trend. This was provided for information only.
A digital copy of the 2035 Land Use Plan was also given to each commissioner.
Gengler announced that with approval of the 2008 budget, an entry-level planner position was approved. Advertisement for that position is being started and it is hoped a new planner will be hired by the first week in March.
The Land Development Code Review Committee will need to reconvene to discuss and review changes received from the city attorney’s office for the corridor overlay district.
A letter with a breakdown of the various committees and subcommittees attached to the planning and zoning commission was passed out. Gengler asked members to review the list for discussion of changes at the February meeting.
Gengler announced the mayor is interviewing prospective candidates to replace Dr. Kweit’s position on the commission.
Matejcek asked where the APA Convention would be for 2008 and was told it would be in Las Vegas the last week in April.
6. OTHER BUSINESS:
6-1. MATTER OF
ATTENDANCE BY PLANNING AND ZONING MEMBERS DURING 2007
. FOR INFORMATION ONLY.
7. ADJOURNMENT.
MOTION BY MATEJCEK AND SECOND BY WHITCOMB TO ADJOURN THE MEETING AT 7:18 P.M. MOTION CARRIED UNANIMOUSLY.
____________________________
Lyle A. Hall, Secretary
____________________________
Paula H. Lee, President