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Committee Minutes

PLANNING AND ZONING COMMISSION
MEETING MINUTES
City of Grand Forks, North Dakota
December 5, 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, Bill Hutchison, Curt Kreun, Gary Malm, and Frank Matejcek. Absent: Mayor (Dr.) Michael Brown, Dr. Lyle Hall and Marijo Whitcomb. 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 (Building Inspections Office). Absent: Charles Durrenberger, Senior Planner.

2. READING AND APPROVAL OF MINUTES FOR NOVEMBER 7, 2007.

Lee asked if there were any revisions or corrections to the minutes of November 7th, 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 CPS, LTD., ON BEHALF OF PEABODY ENTERPRISES LLC AND DESOTO ASSOCIATES, FOR FINAL 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 FOR ALL OF PEABODY’S SECOND RESUBDIVISION, LOCATED IN THE VICINITY OF SOUTH 20TH STREET AND 36TH AVENUE SOUTH.

Brooks reviewed the concept plan, stating a 40-foot strip was being added along the north side of 36th Avenue South which will make the southern lot eligible for a future development site. There will probably be a detailed development plan some time in the future. The site will share the parking lot with office building to the north and will share access onto South 20th Street. There is a possibility to have access onto 36th Avenue South but only on the very eastern portion.

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

MOTION BY JOHN DREES AND SECOND BY MATEJCEK TO GRANT FINAL APPROVAL TO THE CONCEPT REQUEST. MOTION CARRIED UNANIMOUSLY.

3-2. (PUBLIC HEARING) MATTER OF THE REQUEST FROM INTERSTATE ENGINEERING, INC., ON BEHALF OF G-F GRAIN COMPANY, FOR FINAL APPROVAL OF THE PLAT OF CONAGRA ADDITION 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 plat request and rezoning request (subsequent item) together. He noted the surveyor had made most of the corrections noted in the technical changes for the plat. Staff recommends final approval of the plat subject to the remaining technical changes.

Lee opened the public hearing.

Jeff Blaslowski, manager of ConAgra, asked if changing the zoning would affect the taxes. Gengler answered that agricultural or industrial zoning does not affect the taxes. It is set at a certain rate by the county.

Mr. Blaskowski asked if their business was eligible for additional services once the rezoning takes place such as water, garbage or sewer. Gengler answered that zoning is not tied to any city services; that is considered at the time of annexation. Considering the proximity of the property to the city limits, it will probably be several years before annexation or city services takes place.

Mr. Blaskowski stated they would like to get natural gas at the facility. Christensen stated the questions by Mr. Blaskowski should have been asked of staff prior to the meeting. He also stated that since the business is not part of the city, city officials cannot guarantee that their county taxes will not go up. As to the question of natural gas, Christensen said Mr. Blaskowski should talk to Xcel Energy.

Matejcek said the business is located in Falconer Township and would be assessed by the Falconer Township assessor and all taxes, other than any city taxes the business currently pays, would be paid to Falconer Township. The property is appraised every two to three years by the township assessor. Matejcek further noted the natural gas line is fairly close to the business because the humane society has tapped into the line. That has nothing to do with city services.

Matejcek asked to be excused from voting on Items 3-2 and 3-3.

MOTION BY MALM AND SECOND BY CHRISTENSEN TO EXCUSE MATEJCEK FROM VOTING ON ITEMS 3-2 AND 3-3. MOTION CARRIED UNANIMOUSLY.

There was no one else to speak on the plat issue.

MOTION BY HAGNESS AND SECOND BY KREUN 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 curve data for curve on plat boundary at the southeast corner of Lot 1.
3. Check square footage and acreage of lots (do not include lands dedicated to public use).
4. Check plat boundary distance along the south line of Section 18.
5. In the owner’s consent and dedication, consider one land description for all lands within the plat boundary and include correct curve data.
6. Show names of proper signers in the owner’s consent.

MOTION CARRIED UNANIMOUSLY.

3-3. (PUBLIC HEARING) MATTER OF THE REQUEST FROM THE GRAND FORKS PLANNING DEPARTMENT FOR FINAL 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 ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED NORTH OF 54TH AVENUE NORTH AND WEST OF U.S. HIGHWAY 81 (SECTION 18, FALCONER TOWNSHIP).

The rezoning issue was discussed under the previous item.

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

MOTION BY HUTCHISON AND SECOND BY JOHN DREES TO GRANT FINAL APPROVAL TO THE REZONING REQUEST. MOTION CARRIED UNANIMOUSLY.

3-4. (PUBLIC HEARING) MATTER OF THE REQUEST FROM MYRA COLLETTE, ON BEHALF OF THOMAS J. THOMPSON, FOR FINAL 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 (SECTION 9, WALLE TOWNSHIP).

Gengler reviewed the plat request for the cemetery. There was a discussion at last month’s meeting regarding several issues for the property, primarily drainage issues. The lead architect for the project has sought the services of local firms in an effort to address the drainage concerns. Gengler said he met with Jerry Pribula from the Grand Forks County Water Resource District and discussed the concerns with him. Between now and final approval by city council on the 17th of December, the goal is to have a comprehensive drainage plan for the area that will be reviewed by city staff with input from the county water resource board. Staff recommended final approval subject to the technical changes shown on the review copy.

Lee asked about the variance for driveway access. Gengler showed a conceptual layout being proposed for the cemetery. In the center of the property, a proposed driveway was shown off Columbia Road. The location shown had to be approved as a variance since it does not follow the subdivision rules and regulations. There will only be one access point to the property.

Lee opened the public hearing.

Chuck Springer, 1002 Columbia Avenue Northeast, asked if property owners in the area get to vote on whether or not they want a cemetery close by. Gengler answered he does not get to vote. Property owners with 400 feet of the proposed development are notified by letter of the planning meeting so they can voice their views and concerns.

Mr. Springer said he was told by a realtor that value of homes will go down by 5% to 10% with the close location of a cemetery. He asked if the owners are compensated for that loss. Gengler said he could not speak to any assessment process. Any taxation would be through the county.

Claude Smith, 1006 Columbia Avenue Northeast, said his property would abut the cemetery. He said he does not want to live next to a cemetery and has concerns about property values. He stated Columbia Road is a two-lane road with very little shoulder. As the city continues to grow to the south, the roadway becomes increasingly busy. The cemetery will only increase the traffic. The area floods heavily in the spring.

Robert Drees asked Gengler to show on the aerial photo the location of the neighbors’ properties to the cemetery. He noted there was still space available for another type of development between the neighboring homes and the cemetery. Gengler agreed.

When asked about the homes located close to the cemetery, Gengler stated there were homes to the north of the cemetery property and six or seven home across the street to the west of the property.
Lee asked who was responsible for the street and wondered if something could be done to help alleviate some of the traffic. Gengler stated street maintenance in the extra-territorial (ET) area is with the county or townships.
Colleen Hoyt, 1001 Columbia Avenue Northeast, showed a picture taken of her property that is covered with water every year. The water extends back where the proposed cemetery is located. She voiced concern about the devaluation of homes in the area once the cemetery is built. She stated she has hauled in gravel several times and it has always been washed out. Ms. Hoyt said she was not in favor of the plat or the prospect of a cemetery near her home. She has lived there for eight years and the water table in the area is very high.

Gengler stated that any actions taken will be contingent on the drainage plan.

Hutchison asked if it would not be better to have the drainage plan before approving the plan. Gengler replied the plans would be reviewed by staff but the commission has the discretion of tabling the decision to give final approval.

Hutchison said he did not feel the commission should vote on the issue until the drainage plan is reviewed.

Kreun spoke on the drainage issues. The commission knew there were drainage concerns and that was the reason for the technical changes addressing that issue.

Ms. Hoyt said she would appreciate the commission not approving the plat at this time.

Mike Loyland, 714 8th Avenue Northeast, Thompson, ND, asked the commission not to approve the plat at this time. The city council meets on the 17th of December and could give final approval to the plat while the water board does not meet until December 19th. He stated he has known about the project for three months but some of the other neighbors did not know about it until they received the notice of the commission meeting on the issue. He showed an elevation map of the area. He noted the elevation of the culverts in the area. There is a large drop going to the north. The culverts need to be upgraded. The drainage plan is a good idea but eventually the water will flow to the ditch and back up on neighbor’s properties.

Hutchison said he thought the water board would do due diligence but the landowners have a right to expect the commission and city council to have the information on the drainage plan prior to a decision being made.

Christensen said the drainage issue is very important and he would move to table the issue at city council. The cemetery will be there for 100 years and more and the planning needs to be appropriate for the site. Columbia Road will be a four-lane road at some time in the future.
Grasser said it was noted at last month’s meeting that there were drainage issues. This is in a rural area that the city does not have detailed knowledge and he feels uncomfortable about proceeding with final approval based on the information heard tonight.

Kreun said the water board may not be able to accomplish anything in one month; it may take several months. He spoke to the homeowners in the area and said 18” culverts were being put in prior to the 30”-36” culverts. The homeowners may have to help the situation by putting in larger culverts downstream. If the cemetery developers come up with a good drainage plan and people downsteam do not abide by it, there will still be a problem.

Gengler stated that based on the discussion, maybe the motion should be to table until the information is complete.

Christensen said it is very important that affected citizens are involved in the process.

Lee closed the public hearing.

MOTION BY HUTCHISON AND SECOND BY MATEJCEK TO TABLE FOR THE REASONS STATED SUCH AS STREET GRADING AND DRAIN, WATER SERVICE, WASTEWATER SYSTEM AND ROADWAY MAINTENANCE AND WATER RESOURCE DISTRICT REVIEW AND APPROVAL OF DRAINAGE ISSUES.

MALM CALLED A POINT OF ORDER. HE STATED THE ITEM SHOULD JUST BE TABLED AND NOT LIST THE VARIOUS ISSUES. IF SOMETHING ELSE COMES UP LATER, IT WOULD HOLD UP THE REVIEW.

MOTION BY HUTCHISON AND SECOND BY MATEJCEK TO TABLE THE PLAT REQUEST. MOTION CARRIED UNANIMOUSLY.

List of technical changes shown on or attached to the review copy:
1. Submit title opinion.
2. Add access control line along the west line of Lot 1, Block 1, South Columbia Road shall be treated as a future principal arterial with Level 3 access control.
3. Submit a letter to address the following items concerning this site:
Street grading and drain
Water service
Wastewater system
Roadway maintenance
4. Submit a final site plan to the Grand Forks County Water Resource District for review/approval of drainage issues.

3-5. (PUBLIC HEARING) MATTER OF THE REQUEST FROM THOMAS J. THOMPSON, ON BEHALF OF CALVARY CEMETERY ASSOCIATION, FOR FINAL 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 (SECTION 9, WALLE TOWNSHIP).

MOTION BY JOHN DREES AND SECOND BY CHRISTENSEN TO TABLE THE REZONING REQUEST. MOTION CARRIED UNANIMOUSLY.

3-6. (PUBLIC HEARING) MATTER OF THE REQUEST FROM WIDSETH, SMITH NOLTING AND ASSOCIATES, ON BEHALF OF GUNDA PEDERSON ESTATE FOR FINAL APPROVAL OF THE PLAT OF GUNDA PEDERSON FARMSTEAD ADDITION TO THE CITY OF GRAND FORKS, ND, AND LOCATED AT SOUTH 69TH STREET AND 32ND AVENUE SOUTH (SECTION 23, BRENNA TOWNSHIP).

Brooks reviewed the plat request stating it was the original farmstead. The original farmstead had sold off land by metes and bounds descriptions back in the 70’s. The subject parcel is still tied to the farmland. During the extension of the extraterritorial zone, it was agreed to allow the original farmsteads to be parceled off from the farmland. This plat follows that rule. There is a variance of the access. The access is as far south and away from the 32nd Avenue South/South 69th Street intersection as it can be and still does not quite fit the standards, but it is located in the most ideal location. Staff recommends approval of the plat request.

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

MOTION BY CHRISTENSEN AND SECOND BY HAGNESS 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. Plat acceptance recognizes a variance to the land development code 18-0907 (4)(L)(1)(c) with regards to access on South 69th Street.
3. Submit a letter to address the following items regarding this site:
Site grading and drain
Water service
Wastewater system
Roadway maintenance

MOTION CARRIED UNANIMOUSLY.

3-7. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF BOETTNER INVESTMENTS, FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF LOT 5, BLOCK 1, ADAMS-DOBMEIER THIRD RESUBDIVISION TO THE CITY OF GRAND FORKS, ND, AND LOCATED AT 5510 FIRST AVENUE NORTH.
Brooks reviewed the replat request by showing an aerial photo of the property. It is currently an industrial lot but the owners are splitting it into a north and south half. No access on North 55th Street will be allowed because of the roadway classification. Since they will not have access onto North 55th Street and no public frontage on 1st Avenue North, staff has requested information on access and how they will get to the lot. There is an existing access that was requested and approved by variance several years ago to the lot to the north. If that is not acceptable, then the most likely spot is at the southerly area. Staff is requesting a cross-over agreement for the sanitary sewer through the northern property to get to the southern property. Staff recommends final approval.

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

Robert Drees questioned approving a land-locked lot.

Brooks said the approval is conditional on the owners getting access to the lot. Until they have a document granting access, the plat is not finalized.

MOTION BY CHRISTENSEN AND SECOND BY JOHN DREES TO GRANT FINAL APPROVAL OF THE REPLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Change lots to “E” and “F”.
3. Add access control along the east line of Lots E and F.
4. Add 10-foot utility easement along the south line of Lot F.
5. Along the east line of Lots E an F, add a five foot utility and pedestrian/bikeway easement and a 10-foot utility easement.
6. Correctly identify all surrounding lots.
7. Show legal access to Lot E.
8. Include spot ground elevations.
9. Identify the east line of Section 1.
10. Include a crossover easement through Lot “F” to serve Lot “E” with sanitary sewer.

MOTION CARRIED UNANIMOUSLY.

3-8. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF GOWAN PROPERTIES, LLC, FOR FINAL APPROVAL (FAST TRACK) OF THE REPLAT OF LOTS 20 THROUGH 25, BLOCK 1, OSCARVILLE SUBDIVISION TO THE CITY OF GRAND FORKS, ND, AND LOCATED AT 2500 NORTH 43RD STREET.

Brooks reviewed the replat request stating the area was located in the Oscarville Subdivision. The proposed plat is a simple lot split. It does meet the setback requirements. There are fuel tanks on the north property and the main shop building on the southern property. Staff recommends final approval of the replat.

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

MOTION BY HUTCHISON AND SECOND BY MATEJCEK TO GRANT FINAL APPROVAL OF THE REPLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. New lots should be identified as Lots “C” and “D”.
3. Include 10-foot utility easement along the west line of Lots C and D.
4. State basis of bearings.
5. Include spot ground elevations
6. Remove existing building lines and dimensions.
7. Identify east line of Section 31.
8. Shorten plat title in the title block and in the owner’s consent and dedication as shown.

MOTION CARRIED UNANIMOUSLY.

4. COMMUNICATIONS AND PRELIMINARY APPROVALS:

4-1. MATTER OF THE REQUEST FROM PAUL R. MAHLEN, PROPERTY AND RIGHT-OF-WAY MANAGER, ON BEHALF OF MINNKOTA POWER COOPERATIVE, INC., FOR PRELIMINARY APPROVAL OF THE PLAT OF PRAIRIE POWER ADDITION TO THE CITY OF GRAND FORKS, ND, AND LOCATED AT SOUTH 58TH STREET, 11TH AVENUE SOUTH AND 17TH AVENUE SOUTH.

Gengler reviewed the plat and rezoning request (Item 4-2). The area is 75 acres of land located west of the existing industrial park. The owners want to subdivide the acres into four individual lots. They have plans and wish to develop the northeasterly lot for an outdoor storage facility to store utility poles, transformers, etc.

In reviewing the plat, staff recommended the property be rezoned to I-2 which is consistent with the zoning in the industrial park. At final approval in January, an annexation ordinance will also be on the agenda in order to coincide with final approval of the plat and rezoning ordinance. Staff recommends preliminary approval subject to the technical changes.

Robert Drees asked if legal drain No. 9 was to continue to exist as the city grows west, is the reserved 50-foot easement enough? There are extremely steep sides on the drain. Will the centerline of the road have to be moved north?

Gengler said that was being reviewed now and there may have to be minor adjustments made because of that issue.

MOTION BY MALM AND SECOND BY CHRISTENSEN TO GRANT PRELIMINARY APPROVAL OF THE PLAT REQUEST SUBJECT TO THE TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Include square footage and acreage for all lots.
3. Add a 10-foot utility easement along the east line of Lots 2 and 4 and the south line of Lots 3 and 4.
4. Add a 20-foot utility easement along the west line of Lot 1 and Lot 3.
5. Add a five-foot utility and pedestrian/bikeway easement along the south line of Lots 3 and 4 and the west line of Lots 1 and 3.
6. Include the words “dedicated for public street” to all proposed new rights-of-way.
7. Plat requires street and highway ordinance as right-of-way dedication is involved.
8. Show and dimension county drain No. 9 lying south of 17th Avenue South.
9. Enlarge the 17th Avenue South right-of-way to 75 feet.

MOTION CARRIED UNANIMOUSLY.

4-2. MATTER OF THE REQUEST FROM MINNKOTA POWER COOPERATIVE, INC. FOR PRELIMINARY 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 reviewed the zoning of the previous property discussed. The I-2 zoning is consistent with the 2035 Long Range Land Use Plan. Staff recommends preliminary approval of the property.

MOTION BY MALM AND SECOND BY KREUN TO GRANT PRELIMINARY APPROVAL OF THE REZONING REQUEST. MOTION CARRIED UNANIMOUSLY.

4-3. MATTER OF THE REQUEST FROM MIKE JUNTUNEN, ON BEHALF OF VICTOR LUNSKI, FOR PRELIMINARY 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 similar to the Gunda Pederson Farmstead Addition discussed earlier. The original farmstead is being separated from the larger parcel and divided into a parcel of 6.24 acres. Staff is recommending 75 feet of right-of-way to accommodate utilities and adding lanes along 17th Avenue South. Staff recommends preliminary approval of the replat subject to the technical changes.

There were questions about the original farmstead. Brooks said the property was in place prior to the city extending the ETZ area and it was grandfathered in.

MOTION BY HAGNESS AND SECOND BY HUTCHISON TO GRANT PRELIMINARY APPROVAL OF THE PLAT REQUEST SUBJECT TO THE FOLLOWING TECHNICAL CHANGES SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Add a five-foot utility and pedestrian-bikeway easement and a 10-foot utility easement along the north line of 17th Avenue South.
3. Show and dimension county drain No. 9 lying south of 17th Avenue South.
4. Label right-of-way along east side of plat as South 65th Street.
5. Include 10-foot utility easement along South 65th Street.
6. Remove tree line and topography information from final mylar.
7. Add access control along all of 17th Avenue South.
8. Include spot ground elevations.
9. Show square footage and acreage for Lot 1, Block 1.
10. Plat requires street and highway ordinance.
11. Submit letter addressing the following items:
Site grading and drainage
Water service
Wastewater system
Roadway maintenance
12. Dedicate right-of-way areas to public use.
13. Remove park district certificate as 8% park dedication does not apply to existing farmsteads.
14. Enlarge 17th Avenue South right-of-way to 75 feet.
15. Extend access control north from 17th Avenue South along the west line of South 65th Street to the south edge of the existing driveway and dimension.

MOTION CARRIED UNANIMOUSLY.

5. REPORTS FROM THE PLANNING DEPARTMENT:

NONE.

6. OTHER BUSINESS:

6-1. MATTER OF REPORT FROM SELECTION COMMITTEE (MATEJCEK, HUTCHISON AND WHITCOMB) OF OFFICERS FOR 2008-2009. CURRENT OFFICERS: PAULA LEE, PRESIDENT/CHAIRPERSON; JOHN DREES, VICE PRESIDENT; DR. LYLE HALL, SECRETARY.

Matejcek said the selection committee was not able to meet but discussed the slate of officers over the telephone. They looked at different candidates to move up as chairman but in talking with commission members, most did not want to do it this next year. The selection committee was unanimous in the decision made. Matejcek thanked Lee for her willingness to continue as president for one more year.

MOTION BY MATEJCEK AND SECOND BY HUTCHISON TO RETAIN THE SAME OFFICERS FOR ONE MORE YEAR AND REVIEW THE SLATE OF OFFICERS AT THE END OF 2008. MOTION CARRIED UNANIMOUSLY.

6-2. MATTER OF THE REQUEST FROM COMMISSIONER MATEJCEK FOR A DISCUSSION ON THE PLANNING AND ZONING COMMISSION’S INVOLVEMENT IN THE SITING OF A NEW LANDFILL IN THE CITY’S EXTRATERRITORIAL ZONING JURISDICTION.

Lee announced the item was requested to be on the agenda by Commission Matejcek and the issue was turned over to him.

Matejcek thanked the commission for allowing the item to be on the agenda and informed them he had three points to address. He stated that situations had come up within the four-mile area and it is important for the commission and others to know what is going on. He, as well as John and Robert Drees, as county representatives on the planning commission, have attended various city meetings and one of the issues that is continually heard is representation of the residents and property owners in the extraterritorial zone (ETZ) and the fact that they do not have a voice in making the final decision on issues such as the landfill. The residents in the ETZ feel deceived by the city’s decision to take an additional two miles (for a total of four miles) around the city.

Matejcek stated that Todd Feland has done a good job putting on presentations for a proposed landfill for the city. One of the things he has said is that the reason the city is in a mess today with the current landfill is due to poor planning from many years ago. Matejcek said he disagreed with that and did not feel there was any planning years ago. There was available land west of town and it was cheap. The city should not be involved in doing poor planning again. There is plenty of time to do it right this time. He suggested looking at a regional plan. There have been several options considered to date but this is something that should not be rushed and time should be taken to do it right. This is the biggest land use that will take place in the ETZ and it will be done by the city. Matejcek said the city should be looking at industrial area planning and whether or not the landfill will affect that. The city needs to consider the beautification of access corridors. There is also the issue of the airport and the seriousness of the waiver. What is the price of human safety? Is it worth it to get a waiver?

Matejcek stated his last point is when and where a landfill is sited. Wherever it is sited, the residents’ concerns need to be addressed; not just by a meeting but something in writing that lets the residents know what they’re getting into. Maybe there needs to be a concept plan or a detailed development plan that spells out the bufferyards, fences, the type and frequency of noise-making equipment, height of the landfill, the amount of the daily tonnage, debris and odors, accesses, utilities and what can be done to lessen the affect on the community. Why not be good neighbors? Why not make written agreements with residents and township officials before the land is actually taken?

Robert Drees asked for a copy of the points presented by Matejcek.

Matejcek said the issue is not whether or not a landfill is needed. A landfill is needed and necessary but there are other things to consider. The landfill issue needs to be well thought out. It will probably be the last landfill in a large area and everybody is going to want to use it. The residents in the ETZ are being told various things about the size of the bufferyards and they need to know upfront exactly what the requirements will be.

7. ADJOURNMENT.

MOTION BY MALM AND SECOND BY CHRISTENSEN TO ADJOURN THE MEETING AT 8:08 P.M. MOTION CARRIED UNANIMOUSLY.

____________________________
Lyle A. Hall, Secretary

____________________________
Paula H. Lee, President