MINOT (AP) - Scott Johannsen wants more of a say in decisions that affect him in Minot.
Because he lives in an area under Minot's two-mile extra-territorial jurisdiction, Johannsen has no alderman to represent him.
"You can't vote for them, and yet they can make decisions for you. It doesn't make me feel good," he said.
The Ridgedale Acres subdivision is just outside city limits, and residents there are troubled by the city's approval of a nearby energy park.
"They can say how we have to live, yet we have no say in who has that say," said Dave Parks, a Ridgedale Acres resident. "Our hands are tied. We have no recourse, not being citizens of the city of Minot."
The issue also arose in Grand Forks, when a group of county residents said the city should not force a landfill on them, even though it had zoning authority, when they had no say in city government.
North Dakota's extra-territorial zoning law dates back to 1975. Legislators are considering whether to change it.
The Legislature allowed for extra-territorial zoning that ranged from a half-mile to two miles, depending on the size of the city. It was meant to give cities the ability to control street design, water systems and other infrastructure development to provide conformity and fire protection as the cities grew through annexation.
In 1997, the Legislature expanded the extra-territorial distance to up to four miles.
Minot exercises jurisdiction over two miles. Mayor Curt Zimbelman said it is important for the city's orderly growth. He said rural residents have a voice through three county-appointed members on Minot's 13-member planning commission, which makes recommendations to the City Council.
A legislative committee has approved a bill draft that gives joint jurisdiction in extra-territorial areas to cities and townships, or counties if townships have no zoning authority. If the government entities cannot agree, disputes would go to an administrative law judge, under the proposal.
The North Dakota League of Cities fears that would slow development, said Jerry Hjelmstad, the group's attorney. The league offered a compromise that called for joint jurisdiction in the first half of the extra-territorial zone.
Ward County Commissioner John Fjeldahl of Berthold said he could support joint jurisdiction.
"If they have elected officials doing things that the residents in that area don't want them to do, at least they can deal with it at the ballot box," he said.
Ward County Commissioner Jerome Gruenberg, who also is the mayor of Burlington, said he understands residents' objections but said joint jurisdiction won't work. In most cases, the more restrictive zoning - typically the city's - would apply, he said.
"This just sounds like a feel-good measure to make the people in the townships feel like they are getting a good deal," he said.
Burlington recently rejected a request from an oil field company to store chemicals in its one-mile extra-territorial zone.
The Minot City Council voted 11-3 earlier this month to allow Integrated Production Services to store oil-field chemicals and explosives just north of town along U.S. Highway 83. The Minot Fire Department conceded to the arrangement despite questions about safety, because the company needs the storage to begin its operations and could not find a more suitable site.
Posted in State-and-regional on Thursday, October 16, 2008 7:00 pm Updated: 2:26 pm.
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