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Committee Minutes

PLANNING AND ZONING COMMISSION

MEETING MINUTES

City of Grand Forks, North Dakota

June 2, 2004

MEMBERS PRESENT

The meeting was called to order by President Gary Malm with the following members present: John Drees, Al Grasser, Tom Hagness, Dr. Lyle Hall, Bill Hutchison, John Jeno, Dorette Kerian, Curt Kreun, Dr. Rob Kweit, Paula Lee, Frank Matejcek, and Marijo Whitcomb. Absent: Mayor (Dr.) Michael Brown and Sheryl Smith. A quorum was present.

Staff present included Dennis Potter, City Planning Director; Charles Durrenberger, Senior Planner; Brad Gengler, Planner; and Carolyn Schalk, Administrative Specialist, Senior.

2. READING AND APPROVAL OF MINUTES FOR MAY 5, 2004.
Malm asked if there were any additions or corrections to the minutes of May 5, 2004. There was none and Malm declared the minutes approved as presented.

3. PUBLIC HEARINGS, MINOR CHANGES AND FINAL APPROVALS:

3-1. (PUBLIC HEARING) MATTER OF THE REQUEST FROM THE GRAND FORKS PLANNING DEPARTMENT FOR APPROVAL TO EXTEND FOR SIX (6) MONTHS THE WEEKLY’S AUTO PARTS, INC. CONDITIONAL USE PERMIT (CUP) FOR THE OPERATION OF A JUNKYARD, WRECKING YARD OR AUTO SALVAGE YARD LOCATED ON THE NORTH SIDE OF HIGHWAY NO. 2 BETWEEN NORTH 69TH STREET AND NORTH 83RD STREET.

Potter reviewed Item 3-1 and 3-2 together since each item deals with a conditional use permit (CUP) for the operation of an auto salvage yard. He stated there are two auto salvage yards that front onto U. S. 2, the Weekly operation and the Swangler operation. These two businesses operate under a conditional use permit. He noted there are two additional conditional use permits – one that is for Weekly Auto Parts located on North 69th Street and the Swangler moving business, located north of the Weekly operation. Potter said the two conditional use permits being discussed at tonight’s meeting were for the Weekly and Swangler operations that front onto U. S. 2. The two businesses were granted 10-year CUPs by the city council on June 4, 1994. Those permits expire on June 6, 2004.

Potter stated the Swangler moving CUP was approved on March 16, 1998 and there was no term limit indicated on the CUP. The CUP for the Weekly Auto Parts located on North 69th is still being researched.

Staff recommendation was for approval of a 6-month extension to allow city council time to discuss the issue. He said there are questions to discuss such as what would be done next? Would the permits be extended past the recommended six months? If so, how long? Would they be extended with current conditions or changed conditions? What would be the recommended changed conditions, if any?

Lee asked if the discussion on the area could be accomplished within the next six months?

Potter replied the discussion was more to do with the CUP rather than the area. He stated six months is not an unreasonable amount of time; six months will help keep the focus of the CUPs on the agenda.

Lee asked if the CUPS had anything to do with the desire to beautify the area along U. S. 2? Potter said it was not directly related.

Whitcomb read No. 4 of the CUP which states: No automobile chassis, body or parts shall be stacked or stored in such a manner so as to exceed the height of the screening fence paralleling U. S. Highway No. 2. Whitcomb stated there was a mess out there and No. 4 of the CUP was not being followed. She stated the conditions should be followed before it is renewed.

Potter said that was the reason for the extension and discussion. Potter said people need to be careful on defining anything hanging out beyond the barriers. The wall is not solid and there are slots in the barrier. The Weekly CUP allows them to store outside of the wall.

Hagness asked when will the property owners be invited to be involved in the discussions. Potter answered immediately. Potter stated the parties involved had been notified of the CUP extension and both had signed the application requesting the extension.

Kreun noted that some of the CUP conditions are vague. He asked if the conditions would be defined to a greater degree during the 6-month period. He also asked what Chapter 18 was as stated in CUP No. 5.

Potter answered that Chapter 18 was the Land Development Code and part of the Grand Forks City Code.

Kreun asked if there had been violations on the CUP for Weekly’s and Swangler’s? Has written documentation been made and sent to the owners?

Bev Collings, Building and Zoning Administrator, stated she did not have detailed documentation on the visits made to the site but her office has worked with the property owners to make sure the junk vehicles behind the barriers are maintained. It is not an easy task for them or for the city staff working with the property owners. People drop off cars and abandon them at the site. However, she stated she has documentation showing the property owners have showed effort to clean up the area. It is not perfect but most of the cars have been removed. There used to be 40 at a time by the barrier and that number has been greatly lowered. Collings noted the biggest problem is access back into the Weekly’s yard. She said the used car lot is monitored continually. The cars have to be operable and have all the body parts with no broken windows.

Collings said there were problems with Swangler’s Auto Parts because structures were moved in. The structures have been removed. She noted it is a used car lot and not the best used cars but the parts are sold.

Kreun requested that records or documentation between the property owners and the city be made available to the city council so they can make a proper decision or whether there should be another conditional use permit granted or not at all. Maybe the conditional uses need to be changed somewhat.

Collings stated she felt the conditions have been met on the two facilities with the exception of the structures that had to be removed. She said that maybe the conditions are not right but there are not a lot of stacked cars. A person can see beyond the barrier but she did not think the cars were stacked.

Kreun wanted to know if the conditions in place currently have been met and if not, what has been the correspondence between the city and property owners to correct the problem, and further, have the problems been corrected in a reasonable time?

Collings said the conditions have been met as of the last few years. She asked when Kreun would like the information.

Kreun said it depended on the action taken at this meeting but he would like the documentation if it went forward to the city council.

Kweit said if there are still problems and the property owners are complying with the conditions, it might be wise to look at the conditions and see if there are other conditions necessary for the CUPs to work better.

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

MOTION BY KWEIT AND SECOND BY MATEJCEK TO APPROVE A SIX MONTH EXTENSION OF THE CONDITIONAL USE PERMIT FOR WEEKLY’S SALVAGE YARD. MOTION CARRIED UNANIMOUSLY.

3-2. (PUBLIC HEARING) MATTER OF THE REQUEST FROM THE GRAND FORKS PLANNING DEPARTMENT FOR APPROVAL TO EXTEND FOR SIX (6) MONTHS THE SWANGLER AUTO WRECKING CONDITIONAL USE PERMIT (CUP) FOR THE OPERATION OF A JUNKYARD, WRECKING YARD OR AUTO SALVAGE YARD LOCATED ON THE NORTH SIDE OF HIGHWAY NO. 2 BETWEEN NORTH 69TH STREET AND NORTH 83RD STREET.

This item was discussed under Item 3-1.

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

MOTION BY KWEIT AND SECOND BY DREES TO APPROVE A SIX MONTH EXTENSION OF THE CONDITIONAL USE PERMIT FOR SWANGLER’S SALVAGE YARD. MOTION CARRIED UNANIMOUSLY.

3-3. (PUBLIC HEARING) MATTER OF THE REQUEST FROM BOBBIE HEPPER-OLSON, ON BEHALF OF THE GRAND FORKS HOUSING AUTHORITY, FOR FINAL APPROVAL OF THE PLAT OF PROMENADE SECOND RESUBDIVISION (BEING A REPLAT OF LOTS 1-21, BLOCK 2 AND LOTS 1 AND 2, BLOCK 3, PROMENADE FIRST ADDITION) TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED BETWEEN 6TH AVENUE NORTH AND 8TH AVENUE NORTH AND BETWEEN NORTH 53RD STREET AND NORTH 55TH STREET.

Durrenberger reviewed the request, stating that since the May Planning and Zoning Commission meeting, the plat has been modified. The changes show a more efficient layout with the single family homes and better utilization of the area located in the center of property.

Staff recommendation is for final approval.

Lee asked about the square footage of the smaller homes.

Bobbie Hepper-Olson, architect, stated the two bedroom home layouts are approximately 1100 square feet and the three bedroom home layouts are 1250 square feet.

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

MOTION BY HAGNESS AND SECOND BY WHITCOMB TO GRANT FINAL APPROVAL FOR THE PLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS:
1. Submit title opinion.
2. Include access control along North 55th Street.
3. Add bearings and distances for plat boundary.
4. Add bearings to all lot lines.
5. Label all easements.
6. Include areas for all lots.
7. Label all curves and include curve data.

MOTION CARRIED UNANIMOUSLY.

3-4. (PUBLIC HEARING) MATTER OF THE REQUEST FROM BOBBI HEPPER-OLSON, ON BEHALF OF THE GRAND FORKS HOUSING AUTHORITY, FOR APPROVAL OF AN APPEAL TO THE PROMENADE DETAILED DEVELOPMENT PLAN, TOWNHOMES AND SINGLE FAMILY DEVELOPMENT, NORTH CONGRESSIONAL PUD (PLANNED UNIT DEVELOPMENT, PROMENADE FIRST ADDITION, LOTS 1 THROUGH 21, BLOCK 2 AND ALL OF BLOCK 3,
GRAND FORKS, NORTH DAKOTA. THE PROPERTIES ARE LOCATED BETWEEN NORTH 53RD AND NORTH 55TH STREETS. THE APPEAL IS FOR VARIANCES TO DECREASE BUILDING SETBACKS, INCREASE IMPERVIOUS SURFACE AREAS, AND REDUCE LOT SIZES AND WIDTHS TO ALLOW CONSTRUCTION OF AFFORDABLE HOUSES.

Durrenberger reviewed the request by stating the detailed development plan was revised. In order to implement the plan, the Housing Authority was requesting the following variances:
1) a reduction in the front yard setback from 25-feet to 20 feet for houses that have a front-loaded garage;
2) a reduction of the garage setback (rear-loaded) from 20-feet to 18-feet;
3) minimum lot width reduction to 18 feet with some cases at 20 feet;
4) lot size reduction from the required 3500 square feet to 2500 and 2780 square feet; and
5) an increase in the lot coverage.

Currently, the zoning stipulates that they conform to the R-3 District which has an impervious lot coverage of 45%; the request would increase the impervious surface on individual lots to 55%. Durrenberger said the overall layout would be at 44% so as a whole the development would be in conformance. Staff recommendation was for approval of the variances.

Hagness asked if the houses would really be affordable.

Terry Hansen, Director of the Housing Authority, stated the city created the three affordable housing districts last year and set the price for them at two and one-half times the area median income which is $135,250 and less; at that income the homes would be considered affordable. That would be for an average working family. He stated it is not the intent of the Housing Authority to compete with the private developers. The plan is to construct the homes for $115,000 down to $85,000. In order to be able to do that, Mr. Hansen said there would be subsidies and the city would require, if the subsidy is approved, that 51% of the homes be sold to families that are 80% or less of the area median income.

Hagness said to be truly affordable the homes need to be below $100,000 and he was very pleased with the efforts to do that. He said the city would be allowing variances in several areas that normally are required and people need to understand that to get to the low cost housing, certain requirements have to be changed. He also said the plan appears to be better than the Congressional I development that was $125,000 - $135,000 and considered low cost housing. He asked if incentives would be included as they were in the Congressional I development.

Mr. Hansen replied that if funding was approved, an application would be available at the Federal Home Loan Bank and some incentives would be available for low-income families to assist in purchasing the home, up to $11,000 per house. That would be the method of lowering the cost to $85,000.

Hagness asked who would be building the houses and what would they be doing to cut the cost?

Mr. Hansen said the homes would be contracted out to the lowest bidder. The Housing Authority would be developing the specs for the homes. The plan is to build quality, but modest, homes. It would be an entry level home for people currently living in apartments or mobile homes.

Hagness said many people today expect all the amenities immediately. When he first built a home, a garage was not included. Maybe some thought should be given about not providing all of the amenities.

Mr. Hansen said they have housing counseling funds and staff available to address various issues with prospective homebuyers.

Malm opened the public hearing.

Jeff Hermanson, 5219 8th Avenue North, whose home is located in the Congressional I, complimented Mr. Hansen because on the success of the Congressional developments. He said his family was very proud of their modest home. He asked for the number of units to be located in the Promenade development.

Mr. Hansen said the proposed plan would have 127 housing units, which would be 6.6 units per acre. The typical development is 4 or 5 units per acres. He asked if the number was a concern to Mr. Hermanson.

Mr. Hermanson said that the number of units was not a concern to him. He stated he worked with the mayor’s task force on the Richards West Park which resulted in the completion of the Jaycees Park. The city council voted to support that project and the result was an improvement in the amount of green space for the children in the area. Based on the estimates from that project, 900-1,000 school age children are located in that area. He asked that the Planning Commission consider a school in the area. That area seems to have been forgotten.

Malm stated the commission had no control over schools but Dr. Hall represents the school board on the commission and he would take the information back to the school board.

There was no one else to speak and Malm closed the public hearing.

Dr. Kweit stated he wished to commend Curt Kreun and his efforts to create affordable housing that was sorely needed.

Malm also commended Kreun on his efforts regarding affordable housing.

MOTION BY DR. KWEIT AND SECOND BY KERIAN TO GRANT APPROVAL TO THE VARIANCES AS STATED. MOTION CARRIED UNANIMOUSLY.

3-5. MATTER OF THE PETITION FROM THE HOUSING AUTHORITY OF GRAND FORKS TO VACATE ALL OF THE 25-FOOT ALLEYWAY THROUGH LANDS PLATTED AS BLOCK 3, PROMENADE 1ST ADDITION.

Durrenberger reviewed the request to vacate the alley in the Promenade First Addition. Staff recommendation was for approval of the vacation request.

There were no questions from commission members and there was no one to speak on the issue from the audience.

MOTION BY HAGNESS WITH THE COMMENT THAT HE APPROVED THE U-SHAPED STREET. SECOND BY JENO TO APPROVE THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.

3-6. (PUBLIC HEARING) MATTER OF THE REQUEST FROM SCOTT STAUSS, ON BEHALF OF HAMPTON CORPORATION, FOR FINAL APPROVAL OF THE ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE FROM THE PERKINS THIRD PUD, AMENDMENT NO. 2 AND TO INCLUDE WITHIN THE PERKINS THIRD PUD, CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 3, LOTS 26-33, BLOCK 2 OF PERKINS FOURTH ADDITION AND ADJACENT VACATED PINE CIRCLE THERETO, LOTS N, O, AND P, BLOCK 2, PERKINS FOURTH ADDITION, AND ALL OF PERKINS EIGHTH RESUBDIVISION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED IN THE 3000 BLOCK OF 40TH AVENUE SOUTH AND THE 3600 BLOCK OF SOUTH 34TH STREET.

Durrenberger reviewed the request, stating the owner desires Perkins 4th and Perkins 10th to be rezoned from single family to multiple family in order to construct townhomes. Part of the rezoning includes a correction of an error in the previous zoning of Perkins 8th Resubdivision. The zoning of a B-1 area (east of Pine Circle) would be changed to R-4 zoning. Also, since the preliminary concept plan was submitted, the owner added a request for R-4 District zoning for Lots N, O, and P, Block 2 of the replat of Lots 1, 2, and 3, Block 2, Perkins 4th Addition (located at 26th Avenue South and South 36th Street). This additional proposed R-4 area would allow construction of townhomes on individual lots with a common driveway. Approval of the plat for the area follows on the agenda as No. 3-8 (Perkins 11th Resubdivision).

Dr. Kweit asked how the changes would affect the density of the area.

Durrenberger stated it would raise it slightly. Originally Pine Circle was platted for single family lots. The proposed zoning plan for the Pine Circle area would allow for twinhomes to be built. The change to R-4 zoning and replatting of Lots N, O, and P, Block 2 Perkins 4th Addition (Perkins 11th Resubdivision) would increase the number of lots from three single family lots to seven townhouse lots to allow construction of attached houses. These townhouse lots would not be apartments but would be individually owned and the properties would share a common driveway.

Dr. Kweit asked if there were numbers available on the density change. Durrenberger answered no. Durrenberger stated the detailed development plan has not been received for the area.

Kerian asked for Durrenberger to show the area that would be included in the R-4 zoning. Durrenberger again showed the area on the map. Durrenberger stated that part of the area included Aspen Circle, which was previously vacated; now the area is planned for townhomes. Durrenberger stated the area was previously platted as Perkins 8th Resubdivision to remove Aspen Circle.

Hagness asked about the green area for the R-1 to R-3 area that included the seven units.

Durrenberger said a park area had been identified in the area, but has yet to be developed.

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

MOTION BY HUTCHISON AND SECOND BY KERIAN TO GRANT FINAL APPROVAL FOR THE REZONING OF THE CONCEPT DEVELOPMENT PLAN SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS:
1. Check figures in the Land Use Summary Table for R-1 Type Uses, B-1 Type Uses and B-3 Type Uses. Amendment Number 3 changes Lots 26-33 and Lots O, N, P, Block 2, Perkin’s Fourth Resubdivision from R-1 Type Uses to R-4 Type Uses and all of Perkin’s Eighth Resubdivision from B-1 Type Uses to R-4 Type Uses. Amendment Number 3 does not rezone any B-3 Districts as indicated on the Land Use Summary Table.
2. Add to Legal description that “Amendment Number 3 includes” Perkin’s Eighth Addition, Perkin’s Fourth Resubdivision, Block 2 (to be replatted as Perkin’s Tenth Resubdivision and Perkin’s Eleventh Resubdivision).

MOTION CARRIED UNANIMOUSLY.

3-7. (PUBLIC HEARING) MATTER OF THE REQUEST FROM SCOTT STAUSS, ON BEHALF OF HDD, INC., FOR FINAL APPROVAL OF A PLAT OF PERKINS TENTH RESUBDIVISION (BEING A REPLAT OF LOTS 26-33, BLOCK 2, PERKINS FOURTH ADDITION) TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED IN THE 3000 BLOCK OF 40TH AVENUE SOUTH.

Durrenberger reviewed the request, stating the plat was submitted to replat Pine Circle, which was vacated at the May meeting, and would create lots for twinhomes. The roadway and utilities are now private and the development would

be responsible for the maintenance of the roadway. The lots were reduced in size from the original single family use for the proposed townhomes.

Kreun asked if the townhomes would be on the zero lot line.

Durrenberger replied yes, each townhome would be a separate property.

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

MOTION BY DR. HALL AND SECOND BY KREUN TO APPROVE THE PLAT OF PERKIN’S TENTH RESUBDIVISION SUBJECT TO THE FOLLOWING SPECIAL CONDITION:
1. Submit title opinion.

MOTION CARRIED UNANIMOUSLY.

3-8. (PUBLIC HEARING) MATTER OF THE REQUEST FROM SCOTT STAUSS, ON BEHALF OF HDD, INC., FOR FINAL APPROVAL (FAST TRACK) OF THE PLAT OF PERKINS 11TH RESUBDIVISION (BEING A REPLAT OF LOTS N, O AND P, BLOCK 2, OF THE REPLAT OF LOTS 1, 2 AND 3, BLOCK 2, PERKINS FOURTH ADDITION) TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED AT 36TH AVENUE SOUTH AND SOUTH 34TH STREET.

Durrenberger reviewed the request, stating the plat accompanied Item No. 3-6 (rezoning). There would be a common driveway. Currently, access is on 34th Street but that would be moved to the south end of the property on South 34th Street, allowing a continuous driveway to the townhomes.

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

MOTION BY KERIAN AND SECOND BY HUTCHISON TO GRANT FINAL APPROVAL OF THE PLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS:
1. Submit title opinion.
2. Label South 34th Street as a collector.
3. Correct owner’s consent certificate as shown.
4. Change existing 10-foot utility easement along South 34th Street to 15-foot utility easement as South 34th Street is a collector street.

MOTION CARRIED UNANIMOUSLY.

3-9. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD, ON BEHALF OF JON AND VAN LARSON, FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF BLOCK 16, BUDGE AND ESHELMANS THIRD ADDITION AND THE PARTS OF VACATED STREETS ADJACENT THERETO TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED IN THE 1500 BLOCK OF DYKE AVENUE.

Durrenberger reviewed the request, stating that at the April meeting commission members approved the vacation of portions of North 14th Street and North 15th Street to allow the Sure Foot business to make a building addition. One of the suggestions was to consolidate the lots. The replat is to consolidate the property into one ownership lot. Durrenberger noted an additional item was added to the list of special conditions to change the property name subject to written request from the owners. Staff recommendation was for final approval.

Lee asked if plats usually include a portion of the street.

Durrenberger replied that the block was replatted. The property was not being platted to Dyke Street. The business occupies Lots 1-12 and that area along with the vacated area is the replat property.

Malm opened the public hearing.

John Warcup, 1397 Library Circle, representing the owners Jon and Van Larson, asked for approval of the replat with the understanding that the name would be Sure Foot Addition being a replat of Lots 1-12, Block 16.

Kerian stated it was good to see a business growing and she was in favor of the plan.

Malm said as a historian, he hated to see old names such as Budge and Eshelmans disappear.

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

MOTION BY DR. HALL AND SECOND BY DR. KWEIT TO GRANT FINAL APPROVAL OF THE REPLAT SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS:
1. Submit title opinion.
2. Secure utility easement across Lot 1, Block 17, for relocation of existing watermain.
3. At the owners’ request, plat title could be changed to Sure Foot Addition, being a replat of all of Block 16 and adjacent vacated street rights-of-way thereto, Budge and Eshelmans Third Addition to the City of Grand Forks, North Dakota.

MOTION CARRIED UNANIMOUSLY.

3-10. (PUBLIC HEARING) MATTER OF THE REQUEST FROM PRIBULA ENGINEERING, ON BEHALF OF LAVONNE ADAMS, FOR FINAL

APPROVAL OF THE PLAT OF SHADY RIDGE ESTATES FIFTH RESUBDIVISION (BEING A REPLAT OF ALL OF SHADY RIDGE ESTATES FIFTH ADDITION) TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED AT THE INTERSECTION OF ADAMS DRIVE AND SHADY RIDGE COURT.

Gengler reviewed the request. He referred members to the additional packet that included an additional special condition. Gengler stated the plat is for the future Cole Creek Estates townhome development. The resubdivision would include 12 residential lots and two lots that would be a common area with association amenities.

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

MOTION BY WHITCOMB AND SECOND BY HUTCHISON TO GRANT FINAL APPROVAL OF THE PLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS:
1. Submit title opinion.
2. Add wordage to plat title as shown.
3. Add original 100-year floodplain line as shown on firm map.

MOTION CARRIED UNANIMOUSLY.

3-11. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD, ON BEHALF OF BARNYARD DEVELOPERS, LLP, FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF LOTS 1, 2, AND 3, BLOCK 1, BIRKHOLZ HOMESTEAD ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED IN THE 1800 BLOCK OF LYDIA CIRCLE.

Gengler reviewed the request, stating the replat area combines three single family lots into two lots. Staff recommendation was for final approval.

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

MOTION BY LEE AND SECOND BY WHITCOMB TO GRANT APPROVAL OF THE REPLAT REQUEST. THERE WERE NO SPECIAL CONDITIONS ATTACHED TO THE REPLAT.

MOTION CARRIED UNANIMOUSLY.

3-12. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF THE CITY OF GRAND FORKS, ETAL, FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF LOTS 12 THROUGH 17, BLOCK 3, RIVERS EDGE ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED AT RIVERS EDGE DRIVE EAST OF BELMONT ROAD.

Gengler reviewed the request, stating the replat is a flood related project. The plat also includes the vacation of a very small piece of property shown on the plat. The area had been officially dedicated as right-of-way. However, it would no longer be required to serve as a dedicated right-of-way. Gengler discussed the replat area and said Lot D is city owned property. Lot C is the remnant lot and currently occupied by a home. The owner of the home was a party to the plat and would gain a small area of property but would lose some on the back of the property to accommodate the dike line.

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

MOTION BY DR. KWEIT AND SECOND BY DREES TO GRANT FINAL APPROVAL OF THE REPLAT AND APPROVAL OF THE VACATION AREA SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS:
1. Submit title opinion.
2. Revise plat title as shown.
3. C3 and C4 and associated data could be removed.
4. Consider removing spot elevations from drawing.
5. Check distances along east line of Rivers Edge Drive.

MOTION CARRIED UNANIMOUSLY.

4. COMMUNICATIONS AND PRELIMINARY APPROVALS:

4-1. MATTER OF THE REQUEST FROM THE GRAND FORKS-EAST GRAND FORKS METROPOLITAN PLANNING ORGANIZATION (GF-EGF MPO) FOR A LAND DEVELOPMENT MORATORIUM ALONG AND ONE-QUARTER MILE SOUTH OF MERRIFIELD ROAD FROM THE INTERSECTION OF MERRIFIELD ROAD AND BELMONT ROAD EAST TO THE RED RIVER.

Potter explained the request is from the Metropolitan Planning Organization (MPO) to impose a land moratorium from adoption through December 31, 2004. Potter indicated the area on a map. The MPO would be doing a study on the bridge alignment along Merrifield Road. He reminded commission members that Merrifield Road was adopted as the by-pass route around Grand Forks and East Grand Forks. Potter stated the item was listed as Item No. 13 on the agenda and

was intended to be a simple motion and forwarded to the city council. He referred members to the supplemental packet and the memo received from the city attorney. He stated he had asked the city attorney’s advice on the matter and the advice received was “that the area to be affected by the moratorium be identified, map prepared, notice be given to property owners, a public hearing be held and the council adopt the moratorium by ordinance. Potter asked that, based on the city attorney’s advice, the commission convert the request from a final approval to a preliminary introduction of an ordinance. The ordinance would be drafted and presented for final approval at the July Planning and Zoning Commission meeting.

Matejcek wanted to make sure property owners were notified. He asked about the one-half mile on the south side versus the quarter mile on the north side. If the moratorium is for a bridge and to keep the corridor clear, why is the one-half mile needed? He understood it was because there was a Cole Creek Diversion possible.

Potter said that was correct. He also stated there is a request from the water board to preserve a corridor. The water board identified a general corridor and if the city were to receive a development proposal with or without the moratorium, the request from the water board would be honored.

Matejcek said if the water board wants the other half, they should request it. A quarter-mile is more than sufficient on either side of the area.

Potter said he was honoring the request from the MPO.

Kerian asked what the status was on the Minnesota side.

Potter replied that is not known but felt they would honor it.

Jeno asked for clarification of the public notice. Potter read that excerpt from the city attorney’s memo.

Potter asked that the commission consider the request as a preliminary action.

Matejcek asked questions about the moratorium in excess of two years. Potter said it was a state law and Minnesota could impose a moratorium up to two years.

Drees asked if Potter was requesting the moratorium until the end of year 2004 and Potter replied yes. Potter stated he had discussed it with the MPO Executive Director and was told the study would be completed by the end of November, 2004.

MOTION BY DREES AND SECOND BY KREUN TO GRANT PRELIMINARY APPROVAL TO AN ORDINANCE GRANTING A MORATORIUM ALONG AND ONE-QUARTER MILE SOUTH OF MERRIFIELD ROAD FROM THE INTERSECTION OF MERRIFIELD ROAD AND BELMONT ROAD EAST TO THE RED RIVER EFFECTIVE UNTIL DECEMBER 31, 2004. MOTION CARRIED UNANIMOUSLY.

5. REPORTS FROM THE PLANNING DEPARTMENT:

Potter stated there were no reports from the planning department.

6. OTHER BUSINESS:

Hagness thanked the commission for the opportunity to attend the American Planning Association meeting in Washington, DC. He said there were many interesting tours and other beneficial suggestions that would help him as a Planning and Zoning Commissioner.

7. ADJOURNMENT.

MOTION BY DR. KWEIT AND SECOND BY WHITCOMB TO ADJOURN THE MEETING AT 8:03 P.M. MOTION CARRIED UNANIMOUSLY.