00:00:00,000	appreciated. So Thank you all for being patient with me this evening. Uh, it is May 22nd Wednesday and I would like to welcome everyone that’s here in the, uh, in this meeting room and those online to this, uh, gathering of the planning and zoning commission, And with that I’m going to call the

00:00:27,300	meeting to order and ben, would you please call roll? Sure. Comm. Bitner field. Johnson. Larson. Lukins. Daniel. Can, You. Hear us, daniel Lukins. I see you online, but Can you Daniel that He’s not hearing us. Okay. Daniel is online, but he’s apparently not hearing us, uh, Shell. Schmitz. Here. CAC here. Wangen here.

00:01:06,730	Zent and chair Schwartz here. Thank you with that we’ll move on to the first item on our agenda this evening, which is approval of the minutes from the April 24th meeting. Uh, commissioners. What are your wishes? Motion to approve. We have a motion to approve from Comm. Zant. We have a second from Comm. Johnson.

00:01:27,000	Any discussion? I’m not hearing any ben, would you please call a roll? Uh, yes. Comm. Bitner field. Johnson. Lukins. Daniel. Can. You hear us yet? A. She Schmitz. Yeah. C? Yes. W and Z and sheer Schwartz. Yes, motion is approved with that.

00:01:57,030	We’ll move on to our consent agenda this evening and we have three items on our consent agenda. The first being, uh, misty waters lots 30 to 39 Block one. It is a PUD amendment and staff recommends schedule a hearing number item number three is part of Northern Sky edition and all of Northern Sky’s second edition first replant. It’s a zoning map amendment and staff again. Men scheduling a hearing.

00:02:19,470	And finally, the last item in our consent agenda is East Sentry Avenue and Northeast 52nd Street Major Street Plan Amendment and Again, Sav is recommending scheduling a hearing. Commissioners. What are your wishes, Mr Chair? Yes, Comm.. Thank you, Mr Chair. Um there’s one item on the agenda. That’s misty Waters PUD amendment.

00:02:43,370	That I that I think I’d like to talk about a little bit, all right? My understanding of this Amendment. Is that this entire area there is subject of litigation. Right now.

00:03:07,630	There’s There’s been a number of court decisions already it went through a district court, I believe, and then it got appealed to the Supreme Court, the state of North Dakota. And. There were some significant action taken by the Supreme court, which apparently is part of the information here and then I believe now it has been remanded back to District Court for some additional action. And.

00:03:28,370	I really think that we would be risking getting sideways with the legal system if we start trying to make any changes rich in and whatnot on an amendment for that? And. It’s my personal opinion. Whatever you guys think is one thing, but I think is premature to consider a PUD amendment on something that is embroiled in significant litigation. Today. OK Thank you, Comm. Bitner. Jenny. Do you have anything? Uh, chair? Maybe.

00:03:53,400	I’ll just Yeah? No. Maybe. I’ll just ask I. I know Janelle is here to see if she can provide her legal input. But. We have received an application from from a party and I. I. Guess I’d like her opinion if we have to act on that or not. Uh, chair Schwartz. Uh, Planning and zoning commissioners Comm.

00:04:13,600	Bittner, So. There is litigation, but it doesn’t involve the city. We do have to act on an application when it’s presented to the government entities, um and definitely scheduling it for a hearing doesn’t necessarily mean you’re going to do anything the request at this point is just to act on it.

00:04:32,870	And if at the hearing you you feel like you need to say that this is not appropriate to do or not, You can make that decision at that time. But refusing a hearing to give opportunity for everybody. We could probably get in trouble with the applicant because we’re not acting on their request. There are different types of laws, too.

00:04:54,230	Um, but we have to follow our obligations to process paperwork, too. Go ahead Comm. Bittner. So is there A? Is there a specific time frame that we’re supposed to act on an application? I’d have to see what our requirements are We our usual course of business.

00:05:18,270	But having litigation would not in and of itself be a reason to delay the process, In my opinion, and I personally, I mean. I’m very aware of the court cases. These are separate things that can proceed and your issue is not the homeowners Association obligations. We don’t enforce covenants or any of that at the city.

00:05:41,730	The PUD would just be as to what we are the application for that to be amended or not. That’s the only part we would be dealing with that litigation is about the homeowners Association and the neighbors between each other action on something that is involved in significant litigation. Thank you, Janelle. Thank you, Comm. Bitner.

00:06:07,370	Without any additional discussion on this agenda and commissioners. And with that I’ll ask the question again. What are your wishes for the consent agenda. Move to schedule hearings on all three. OK. We have a motion to schedule a hearing on all three from Comm.. Schmitz. We have a second from Comm.. Zant.

00:06:30,370	Is there, uh, any additional discussion I’m not seeing or hearing any Ben, would you please call a roll? Absolutely Excuse me Comm. Wan. I do have some concerns on on, uh, item number two, also with the pending litigation, but I agree a lot of that can be brought forward and discussed once we get to the public hearing stage. OK, thank you. Again.

00:06:52,200	I’ll ask the question any additional discussion? Ben, Would you please call roll? Yes, Comm. Bittner. Uh, field Johnson Lukins. Uh, Shell. Schmitz. Yes, sac. No. Wang and No. Zent And Schwartz. Yes. Motions approved. Consent agendas move forward to next month. With that we’ll move on to our regular agenda.

00:07:37,570	And the first item IN, our regular agenda this evening is a FedEx subdivision. And Jenny is going to provide us with staff report. Thank you Mr Chair Chair Schwartz Comm. is Robert Fettig is requesting approval of a zoning map amendment. From, the agriculture, zoning, the agriculture and CG commercial zoning districts to the CG commercial zoning district and major subdivision Final Plat titled FedEx Subdivision.

00:08:02,270	These requests are located east of Bismarck between 52nd Street Southeast and 66th Street southeast along the south side of East Main Avenue. The Plaque consists of 4.

00:08:19,270	8 acres with three lots in one block the proposed zoning map amendment and final plat are being requested to allow the development of a single family dwelling in conjunction with the commercial use on Lot, three of the proposed plat the area The proposed plot is partially developed.

00:08:37,930	A hotel is located on lot one, the Western lot and a single family dwelling is located on lot two access to all three lots within the proposed plot would be from an existing access point along East Main Avenue via access easements. The proposed plan also includes an access easement along the north side of Lot two, which could provide access to adjacent properties to the east. If Access along East Main Avenue becomes limited in the future. The proposed plot is adjacent to corporate limits, and in an area again that Partially zoned commercial.

00:08:55,530	It is also located within our expansion, future area of the growth phasing plan. This plan is a map that shows when areas When areas of Bismarck and its ETA are expected to annex and develop based on proximity and availability of city services. Municipal water is available and located within the right of way of East Main Avenue.

00:09:14,800	However South Central Regional Water district is currently providing water to adjacent properties and two lots one and two of the proposed plat Municipal Sanitary sewer is not available in this location, and there are existing individual private sewer systems located on lots one and two. Typically private sewer systems are not located on properties that are annexed.

00:09:34,530	However a sewer is not available. Staff have indicated that the existing private sewer systems could remain in a new private sewer system could be installed on lot three You held a public hearing on this request at your meeting on April 24th during the public hearing.

00:09:50,070	Concerns were raised by the property owner in their consulting engineer relating to the request of the city to annex the plat or at a minimum Lots two and three of the plat in order that municipal sanitary sewer is not readily available to the He also suggested that the owner would be amenable to a development agreement that would specify conditions for annexation based on avail.

00:10:08,800	Availability of municipal sanitary sewer at the conclusion of the public hearing, the planning and zoning Commission you voted to continue the hearing and directed staff to work with the owner and their consulting engineer to create a development agreement that specifies conditions for future annexation staff have created the development agreement. It was attached to your packet today.

00:10:27,400	That agreement would require a stand A signed annexation petition for the entire Division to be submitted to the city and that the city would hold said petition for no less than 20.

00:10:45,530	Years after the date of the agreement, or at such a time when City City sanitary sewer services are within 500 ft and available for use within required rights of way or easements to access, um, utility sewer, whichever is sooner, at which point the petition may be submitted to the board of City commissioners for final action and consideration for annexation following our standard policies and procedures at that time as part of the Development agreement.

00:11:04,200	The signed annexation petition would be required prior to recording the proposed plan and finalization of the zoning map amendment. The owner in their consulting engineer have reviewed the development agreement and have agreed to provisions outlined in the agreement. A notice was published in the Tribune on April, 12th and April, 19 and 16 Letters were mailed to owners of nearby properties on the 12th.

00:11:21,800	We have not received additional comments, um written or via phone since our last meeting. This request was evaluated according to state to standards contained in our comprehensive plan, Bismarck code of ordinances and Relative.

00:11:41,530	State Law staff recommends that you review the development agreement and the findings contained in the staff report and take action on the proposed zoning map amendment and finer final subdivision plot for FedEx subdivision. I’m happy to answer any questions. You have commissioner’s questions for Jenny. Mr Michelle. Jenny at our last, Uh, plan zone meeting.

00:12:04,030	We didn’t really know if a development agreement was a legal document that we could use can maybe just elaborate on on what you’ve learned since then, on on why this is allowable in this situation. Janelle. Would you like to OK? I’ll let you know. Give the petition. Uh, chair commissioners Commissioners Shell, So. I did some further research and we were able to determine that in the manner in which we’ve created this with the annexation agreement that we are able to make it legal.

00:12:30,370	There are very specific exclusions for when we can do that, Um, we were able to draft this in a way that we could make it legal. It is something that is that there are certain ways that are prohibited by state statute. We didn’t do those ways. We Other ways.

00:12:48,270	It’s permissive then in my opinion, so that’s a compromise that, um, staff was able to to draft Thank you Comm. Shell. Commissioners any additional questions for Jenny. I’m not seeing her hearing any so with that I am going to open up the public meeting on this particular agenda item is either the requester or representative here.

00:13:20,270	Thank you chair Schwartz Land Nimer with Swansen Hagen engineering representing the applicant, Landon. Thank you just a quick note just meeting with, uh, with Jenny and with Gabe and some city staff to to bring those developers agreement together. I really appreciate their help in this.

00:13:35,530	Um I think we came to to an ideal situation where we’re We’re making some assumptions? Certainly on that 20 year gap and our hope is that that city sewer is available at that time and the applicant would then annex into the city. Um other than that, Yes, we’re we’re requesting approval or at least, uh, recommend For approval to the city Commission for the zoning change and the final Um, here for any questions if you have them. Thank you.

00:13:51,900	Commissioners. Questions for Landon. I am not seeing or hearing any landing. Thank you thank you with that the podium is open for others that we would care to address this agenda item. And. I am not seeing anybody else that wants to step up this evening. So with that I’m going to close the, uh Public hearing.

00:14:20,630	Jenny any additional comments? OK. Thank you, uh, commissioners. This is a request for a major subdivision final plant and a zoning map amendment. What are your rec? Uh, What are your wishes? Motion to app. We have a motion to approve from Comm.

00:14:54,630	Bitner just to clarify chair is that, uh, is that a motion to approve with the development agreement? I think, uh, That is in place and I’m Sorry I neglected. Read that staff recommendation was to review development agreement and findings and take action and Comm. Bitner. Your recommendation is to move forward with that. Yes, thank you. Second. I have a second from Comm. Zent.

00:15:21,230	With that Ah, I’m going to ask for, uh, any additional discussion Comm. Shell. Thank you chair Schwartz. While the development agreement does a good job of Assuring that at some point, this property becomes annex. I think that was the main consideration.

00:15:39,230	There’s still other components that that I would say are are still remain un unaddressed in the sense that that’s a city road. Main Avenue is a city road. So with this property being developed as as a new use, Uh, that adjacent owner will receive benefit from that use and and and use the roadways. But, We don’t have a mechanism to, I. Guess charge that, uh, you, uh, citizen for the use of our roadway, So.

00:15:57,000	I think that’s a piece that we’re missing. Whether it’s the the That are plowing the street in the wintertime or a maintenance activity that might be special to get assessed against tho, those benefiting properties without that, being in the city.

00:16:15,400	We don’t have that mechanism to really have that property, participate in the funding and financing of those activities on the roadway. So for that reason I won’t support this. Although the the development agreement does take the major concern away. There’s still other concerns that I would have Thank you Comm. Shell commissioners. Additional comments. I’m not seeing or hearing any So with that, Ben, would you please take role? Sure. Comm. Bitner. Field. Johnson. Lukins.

00:16:46,430	Daniel, Can, You hear us now? I can? Yes Can. You hear me? Yes? Were you able to hear the entirety of that, Uh, item? I was Yes. OK, so my answer is yes. Thank you. No. Uh, schmitz. Yes. Sac. Yes. Wangen Yes. Yes. And. Sure Schwartz? Yes motion is approved.

00:17:14,330	With that we’ll move on to item number six in our regular agenda, which is the central Outpost subdivision. It’s a request for a major subdivision, final Plat and Zoning Map amendment, and I believe daniel is going to give a staff report this evening.

00:17:33,930	Good evening chair Schwartz planning a zoning commission, its essential power electric Cooper Incorporated, is requesting approval of the zoning map amendment from the A agricultural zoning district to a planned unit development PUD zoning district and also a major subdivision final Plat called Central Outpost Subdivision.

00:17:54,200	Ah, this is in the northeastern part of the ETA, northeast of the city of Bismarck, east of 80th Street, northeast and in the north side of 43rd Avenue northeast just east of the county shop building. Uh, the applicant does intend to build a utility servicing facility. Uh for, uh, substations in the area. Uh, and other facilities that they have ownership of in that area and throughout the region, uh and that would be built in the southern portion of the lot.

00:18:15,070	Uh, and the the northern portion of this lot would be left for agricultural use in the meantime and future development later, the the property in our Urban Reserve area in the future land use plan, which means a suitable for Urban development at some point in the future, however, it is outside of our projected 2045 development time horizon for city development at least so,

00:18:36,970	uh, this area it was within the urban Service area boundary prior to the together 2045 plan, And at that time we identified it as urban residential. However. We revise our projections and we scaled back that urban service area boundary, So.

00:18:57,670	It is currently outside of that, Um, the, uh, because the area is is Indeterminate for what the future land use will be, and it could potentially be residential in the future. Uh, we did want to include some protections to the surrounding property.

00:19:16,030	Uh, and that was built into the PUD ordinance that you see in your packet in the applicant has has agreed to, uh, so this includes landscape buffers along the West side and north side includes deeper setbacks, and we typically have in in certain industrial areas. Probably the best example would be the burly county shop. We really tried to mimic a lot of those standards that were app. There.

00:19:31,400	So, Um, when it’s all said and done, it’ll probably look a lot like, um, that county shop on on 80th and 43rd. So. The. Um there is also a dedication of rights of way at least half of the rights of way for 43rd Avenue.

00:19:49,130	Uh, northeast, uh to the south, A new collector roadway would be, um called late night drive in this plat and half of that right would be dedicated on the east side of the platinum on north side of the Platte would be George drive, and that’s an extension of an existing right of way to the West.

00:20:05,070	Um, now, since this is an Urban reserve area, we do anticipate the city annexing this at some point in the future, maybe not in the next 2025 years, but we want to be prepared so there are easements placed on this plat, uh, for eventual city utilities in addition to the rural water and so forth that would be needed in the interim period.

00:20:22,670	Uh, this is within two miles of city limits so the city would need to agree for rural rural water service in this site, so we’ll have an agreement in place for that. Um, we did receive support in the form of a resolution from Gibbs Township that was included in your packet. So.

00:20:40,900	They did indicate that support And as of now, I have not received any other comments or questions from from the public or or anyone else regarding this item, so as a result of all the findings that are in the staff report, uh, that you have, uh, city staff do recommend, um or do see feel that this proposed subdivision will not adversely impact the public health safety and welfare and therefore we do recommend Approval of the

00:20:58,470	zoning map amendment from the A agricultural zoning district to the PUD plan Development Zoning district, uh, as attached in your packet, um and also approval of the final Plat for Central Power Central Outpost subdivision if you have any questions, I can attempt to answer them. Commissioner’s questions for daniel Mr Michelle.

00:21:20,270	Daniel when you say the the improvements to 43rd Avenue roadway is that just in the Proximity of this platter. Will it continue, Uh, westerly towards 80th Street and then also, um, the request to Delay or or waive the requirements to construct the collector. Roadway networks for only half of that right of way is being constructed.

00:21:39,830	Um, is there a mechanism by which that that road is then constructed sometime in the future, or can you speak to that? Or? Maybe that’s not, I mean? That’s actually, binder could help me with that piece of it. Sure.

00:21:52,530	I’ll start with that and and and you’re correct would it would ultimately fall on the county commission? Uh, they still do need to accept these rights of way That would be the next one of the next steps in this process, And so they would they would have ownership or the township would have ownership and so they would be the ones making That call.

00:22:05,130	My Understanding is the improvement would begin at the point at which it turns into a gravel road so they would need to bring that up to, uh, a a county standard. Um, and then, uh, I. Guess, I will defer to Brian. I’m Sorry Comm. Bitner if if you do have more details on that item.

00:22:25,400	My recollection that the road is paved up to the end of what the county is responsible for. And and I think that they would just be responsible for the paving from there to Pretty standard for anything we do in in burly county.

00:22:44,070	I, haven’t I haven’t noted any objection from B County Highway Department or anybody in the county on this Although we are we we? We were just, uh, debating a Utility easement for MD. I think your basic You know your cable and your your African that sort of thing. And. Uh, we’re seeing if we can get a rock pile out of them or something for crushing, but that That’s really irrelevant to approving this.

00:23:08,670	You don’t have any opposition to it. Thank you Comm. Thank You Comm. Bitner with that any other questions for daniel before we open up the public hearing. If. I may uh, Casey, I, uh, from the County Highway department could elaborate further on that question. I. I was hiding in the back.

00:23:30,670	Uh, part of it, they would pay from where the existing asphalt ends to the ESA property line they have submitted for a paving waiver for the roads on the east and north side, which means if it’s granted, they forgo their right to protest any special assessment district in the future when the roads are constructed at that time,

00:23:48,600	so they’re working on the plans for the roadway on 43rd right now to get everything submitted it contingent if anything’s passed here. Sounds good. Thank you any additional questions? Any questions for Daniel? Thank you Good, daniel. Thank you. Um, with that commissioners.

00:24:16,470	I’m gonna open up the public hearing on this agenda item is either the request or representative here to speak to this agenda item. And, sir, Could. I get you to put your name on the log up there and Um good evening commissioners and Chair. Uh, I’m, Matt Weeks. I am a land surveyor with interstate engineering representing central power. Um I. Guess. I don’t have anything additional to answer.

00:24:43,670	Other than what Mr num covered if there’s any questions Thank you. Commissioners. Do. You have any questions for Matt? I think, Matt. We’re gonna let Mr Michelle one, Maybe Just quick question. Um Plan that was submitted in the agenda package are the top on the board.

00:25:17,400	There is just the the Lower third or lower quarter of the tract of land. Is there any potential uses for that upper half to upper 3/4 of the property. Not at this time, um It was there was that easement to the city for the water and sewer going across that so that In.

00:25:40,270	The future of Central Park wants us, you know, subdivide this lot again. If the whatever that is, Lignite Road gets built or else Road on the north side gets built that They could come back here and ask the Subdivide that lot. As of now There’s no plans for that north half of the property. Thank you thank you Comm. Shell. Any other questions for Matt.

00:26:03,930	That sing or hearing any man. Thank you with that the podiums open for others that would care to address this agenda item. And. I’m not seeing or hearing anybody jumping to the podium. So with that I’m going to close the Ah, the public hearing And with that commissioners, This is a major subdivision.

00:26:25,200	Final Plat request staff recommends approval and a zoning map amendment and again staff recommends approval. What are your wishes motion to approve motion to approve from Comm. Bittner second from Comm. wagon. Any discussion? And. I’m not hearing or seeing any So with that, ben, would you please call roll? Comm. Bitner Field, Johnson. Lukins. Daniel. Can. You hear us? Yes, OK.

00:26:56,000	Uh, shell? Yes, schmitz. Yes. CW and Z and Cher Schwartz. Yes motion is approved with that we will move on to, uh, item number seven in our agenda, which is West Region Medical Second Edition, and I believe Jenny is gonna give US staff briefing on this this evening.

00:27:27,700	Chair Schwartz Commissioners High Plains P, MS LLC and Bedale basketball are requesting approval of a zoning map amendment from the CD commercial and RT residential zoning districts to the CG commercial zoning district and major subdivision Final Platform for West Region Medical S. West Region Medical second edition.

00:27:46,270	These requests are located in north Central Bismarck, north of East Century Avenue, between State Street and North 19th Street along the south side of East Calgary Avenue. The plot consists of 17 acres with three lots and two blocks. The proposed plot is a repla of all of West Region medical Edition, which was approved by this board in 2000.

00:28:03,400	13 a plat modification to vacate all of Idaho drive in a lot modification to combine the lots on either side of Idaho. Drive into one parcel were approved in 2015 at the owner’s request. The proposed plot would rededicate Idaho, Idaho drive in the same location as the original plat and create lots for development.

00:28:22,770	Idaho drive would be constructed to the northwestern edge of lot one block one and would continue north to East Calgary Avenue as development adjacent to the road occurs a approval of the zoning Amendment and proposed plot would would allow for future commercial development, including a basketball training and game facility on lot one block one. You considered this request at your meeting on March 27th and called for a public hearing.

00:28:42,270	On, both the zoning map amendment and tentatively approved the preliminary plan. Adjacent uses include multifamily residential to the north across East Calgary Avenue into the east, a religious facility to the south and commercial property to the west. The public has been notified of this request.

00:29:00,600	The notice was published in the Tribune on May 10th and May, 17th and 94 Letters were mailed to the owners of nearby properties on May 10th. We have received some inquiries. Some phone calls neither for or against the request, mainly just questions about the proposed development. And what would Planned for lot one block one. The request was evaluated according to standards contained within the Comprehensive plan.

00:29:18,300	Bismarck code of ordinances and relative State law as a result of all the findings contained in the staff report staff find that the proposed zoning map amendment and major subdivision final Plat would not adversely impact the public health safety and general welfare and are consistent with the Gen consistent with the comprehensive Plan Bismarck Code of ordinances and Relative State law.

00:29:36,370	Therefore staff recommends approval of the zoning map amendment from the RT residential and CG commercial. Zoning districts to the CG commercial zoning district and major subdivision Final Plat for West Region Medical second edition. Do. You have questions questions for Jenny. I’m not seeing or hearing any Jenny.

00:29:56,030	Thank you with that I’m going to open up the public hearing on this agenda item is either the request or or representative and I see, Landon is going to step up again. Thank you again? Chair Schwartz? Yes, representing the applicant on this one, just a little extra background from, uh, Virginia presented. Uh yes, this plat and we’ll in previous zoning we were approved years ago.

00:30:14,870	Um throughout the years and there was a vacating of some public right of way. Subsequently. Some of the land was sold and that caused a bit of a real estate issue in that we and in one of the lots on the inside of one of the previous Rightway was became landlocked accidentally.

00:30:28,270	So in order to sort of undo some of these errors and maybe return to a more of a comprehensive plan here was on the entire property. Exact same zoning reconfigure the lots and then rededicate that right of way, So. That’s really the reason we’re here for tonight.

00:30:45,800	Happy to answer any questions if you have them very good, um, commissioner’s questions for Landon I’m not seeing or hearing any. Thank you thank you at the podium is open for others that would care to address this agenda item. And once again. I am not seeing or hearing any, um with that I’m going to close the public hearing Jenny any final comments? All right.

00:31:07,030	Thank you with that commissioners? This is a request for a major subdivision. Final Plat staff recommendation is to approve and a zoning map amendment and again staff recommendation is to approve. What are your wishes? Move to Peru. We have a motion to approve from Comm. wagon. Second. We have a second from Comm. Sivek. And with that any additional discussion.

00:31:33,200	And I’m not hearing any So. Ben, Would you please call roll. Sure, Comm. Bitner. Johnson? Yes, Lukins. Yes. Shell? Yes, schmitz. Yes, Sivak? Yes. Wang and yes, Zent. Yes and chews. Yes motion is approved with that we will move on to item number eight. In.

00:32:05,200	Our regular genu Agenda, which is brick field estates, flaunts 10 and 11 Block five, and it’s a request for a special use permit. And. I believe Jenny is going to provide staff briefing. Thank you again Chair Schwartz Comm., Dusty Anderson and Rob Statler are requesting approval of a filling station on lots.

00:32:25,470	10 and 11 Block five Brookfield estates They’re proposed special use is located east of Bismarck, north of County Highway 10 in the northwest quadrant of the intersection of Bella Drive in 80th Street Northeast. It is approximately 3.24 acres adjacent uses include include rural residential to the north and east across 80th Street northeast into the south Across County highway 10. And commercial property to the West.

00:32:46,070	The property was zoned commercial when it was plotted in 1975 by the burly county commission in anticipation of future commercial development. The property has remained vacant since plotting the property is located outside Bismarck corporate limits and became part of the ETA in 1982 annexation for this property is not required as it is located outside the urban Service area.

00:33:07,070	Boundary or USA B. The USA B is an official line established by the City Commission with the within the city zoning. In subdivision jurisdiction that distinguishes between future urban and rural areas outside of this boundary areas outside of this boundary, are not expected to see urban growth. Excuse me for a number of years.

00:33:24,900	Lot 11 on the plot is labeled as public use neither staff nor the applicants consulting engineer have been able to determine the intent of this label, and there are no other known references in our records, Additionally sent this census slot was created during the planning process. It has been consistently under private ownership.

00:33:45,000	The property has been identified as rural residential in the future land use plan. The rural residential areas are places for country living with convenient proximity to city life, goals and objectives of this plant as they relate to this proposed special use permit were included in the findings. Um in your Staff report. Although.

00:34:03,430	This property is identified as rural residential It has been zoned commercial since 1975 a filling station is allowed within this commercial zoning district via special use permit. Staff from Verley County, Rural fire and burly County Highway department as well as city staff review The proposed special use Permit Request and Associated site drawings based on the review and as a

00:34:22,930	condition of approval staff from Burle County have requested that a traffic impact study be completed prior to administrative review and approval of a formal site plan. They have also requested that all improvements required as a result of this traffic impact study be installed in conjunction with development. In addition to the traffic impact studies.

00:34:41,600	County staff have requested the site include two access points to provide secondary access to the Philly station. The site plan includes access to the property from 80th Street northeast in the northeast corner of the property and from Bella Drive along the south side of the property.

00:35:01,970	Villa drive is a rural gravel, roadway and county staff have requested it be paid by the applicant from the western boundary of lot 10 east to 80th Street. Northeast again in conjunction with site development. There is a long standing field access to Bella drive from county highway 10. This access has been in place since before this area was platted.

00:35:20,070	The County Highway department has indicated that they have already planned to remove this access as it is no longer needed the site drawing for the proposed filling station includes both lot 11 and since one of the accesses to the site would be from 80th Street through lot 11 to lot 10 the filling station lot.

00:35:37,230	Um, staff have requested that these lots be combined into one parcel as a condition of approval. The proposed filling station would be located in an area that is adjacent to existing rural residential uses in order to mitigate off-site impacts of the filling station, specifically lighting and signage, additional landscaping and lighting requirements beyond the minimum requirements outlined in the zoning ordinance have been requested.

00:35:57,530	The site drawing submitted with the application indicates that lighting on on site will consist of a shorter pole height and subtle lighting, with hood shielding to provide a downcast illumination, preventing excessive light pollution. Additional landscaping is Did in the east and southeast portion of the property. The proposed site drawing includes landscaping along the North.

00:36:18,430	Side of the property to provide a buffer from the filling station to the existing rural residential uses and perimeter parking lot landscaping, the landscaping buffer and perimeter parking lot landscaping, meet the landscaping and buffer requirements outlined in the ordinance.

00:36:35,570	And as I looked up at the screen here, I noticed that the, um an older site plan is included, and I’m gonna put that on the Elmo here. The new one. Apologize. The public has been notified of this request. The notice was published in the Tribune on May 10th and May 17th and 82. Late letters were mailed to the owners of nearby properties on May 10th.

00:37:05,830	We have received a number of phone calls and a number of written comments. Written comments were delivered to you prior to this evening’s meetings. The request was evaluated according to standards contained within the Comprehensive plan.

00:37:22,870	Bismarck Court of ordinances and relative state law and a result of all the findings contained in the staff report Staff find that the proposed special use permit would not adversely impact the public health safety in general. In our consistent with our comprehensive plan the Bismarck code of ordinances and relative state law. Therefore staff recommends approval of the special use permit for the filling station on lots, 10 and 11 Block five Brookfield estates with the following conditions, one.

00:37:40,470	A Traffic Impact Study be completed prior to administrative approval of the formal site plan, and all improvements required as a result of the traffic impact study be installed in conjunction with site development.

00:37:59,130	That Bella drive be paved by the applicant from the western boundary of Lot 10 east 80th Street Northeast in conjunction with site development and approval of a lot modification to combine lots 10 and 11 into one part parcel is completed. An additional landscaping and lighting standards to mitigate off-site impacts of the filling station must be included and approved during the formal site Plan Review process, the applicant and their consultant are aware of these conditions and have agreed to them. Do you have questions? Commissioners.

00:38:19,070	Questions for Jinny. Jenny. I have a couple of Comm. shell. Please proceed. Jenny regarding the traffic impact study of if if the recommendation from the traffic impact study was to make an improvement on 80th on main, wherever it might be, who would be responsible for that? Or Maybe walk me through what That process would look like

00:38:41,430	through that administrative site plan process? Sure. I keep dipping off to other people in the audience, But Casey and I have chatted about this one, and it was a condition of of their review. So I’d like Casey to answer that question, and he is also involved in our formal set plan review process.

00:39:00,530	Good evening once again, Uh, what we talked about was proposing a developers agreement to see especially once you get the report. You can actually see what the improvements are versus aren’t and be able to look at. Is there. A cost share.

00:39:19,800	Is the company gonna do portions of the developer going to and it’s part of it is dependent on the process. So what the actual report says. We wanted to base it on what the actual data is on the projections instead of just taking wild Is up front.

00:39:40,000	Mr Shan proceed so just to summarize then, if there are offset recommendations, I would go back to the county board, potentially if there were cost sharing or anything along those lines if it wasn’t entirely paid for by the developer correct, the developers agreement would have to be approved by the county board. Thank you. Thank you Comm. shell before we let Casey go. Are there any other questions for him? Not. Seen any Casey. Thank you. Jenny.

00:39:59,300	I had a couple of questions for you. If you don’t mind. In looking at the zoning map that was distributed. That particular parcel is is, uh, zone C correct. Correct at his own C.

00:40:26,630	I don’t see zoning of the other lots to the north and around it is that all rural residential is all rural residential the property immediately adjacent to the West, I believe is also zone C, a commercial. OK? OK thank you that answers that. Go ahead. Comm. Bettner. We’re gonna add a little bit to that. My my family has lived on that 80th street since Well since I was in high school, I graduated in 79.

00:40:45,230	So it was, uh, you know, in the late seventies, there were early seventies, I guess when we bought the place. And and that has been commercial. That was the first use out there. Because.

00:41:08,130	Our land was straight north of there, and I live today straight south of there, and so that that With regard to that commercial question that was commercial before any homes or any other development was there because vendors who owned the Um, Brookfield Motors at the time, which is what was in that building were the ones that did Brookfield. Subdivision that built the houses and whatnot as part of that that building was their first.

00:41:29,600	Just to clarify that and so before we go any further I wanna I declare I have a potential conflict of interest here. This is not only just real close to me, but I have made purchases of land and arrangements for buying dirt and from the the developer and and I think that there is a potential that someone could see that as a conflict of

00:41:51,330	interest, and I would like to abstain from Voting or you’re gonna recuse yourself on this one. Ok. Thank you and I appreciate it, But I wanna say Was there before my own house was even I’ve been there for 37 years in my place. After it so I’m not opposed to it.

00:42:10,600	I’m Not aware of any, um, problems with the county. I know, we had, uh, somebody raised a question of the cost of who’s gonna pay for removing that approach and whatnot in that letter, And I think the way I understood that was already in our plans. We don’t want that approach there. Just for general traffic safety.

00:42:28,800	So if I can provide any information from the county’s perspective, I will but I am not intending to OK. Thank you? I appreciate the background information that helps, uh, Jenny one last question for you. I didn’t get an opportunity to look at the, uh um, letters that were received. Can. You.

00:42:55,400	Give me a summary of how many or in support or against Chair Schwartz commissioners. I can tell you that we did not receive any letters in support of the request. I believe there are a number of people here today that would like to speak. I. Wanna say the last count that I had was Maybe. A Dozen, um, written comments. Requesting this be denied.

00:43:18,400	Very good. Thank you that answers my questions. Any other questions. Commissioners. Thank you? I appreciate it. With that I’m going to open up the, uh, the public meeting on this agenda item and is either the Requester or representative here, Landon. You’ve got a busy evening. Should be fine.

00:43:45,300	Thank you J Schwartz? Uh again? Uh, yes, representing the applicant here just wanted to add a few points to to what Jenny had had spoken about, and and a few things that, uh Mr Bittner had mentioned, Um what we’re looking at here tonight is not a zoning change. We’re not requesting a zoning map amendment.

00:43:59,130	The property is already zoned commercial as AC, a S own property and has been frequent some time as Comm. Bitner mentioned, Um you know, the the applicant is looking to to provide something to this area. It’s about three miles away to the next filling station. As. You know this is Main Avenue in 80th was a two RT roles. They.

00:44:14,470	They’re fairly busy roads. They’re intended to be busy roads. So. This is for the ideal place for a filling station. Additionally when if the applicant does go forward with this special uses approved if the traffic study is approved and and everything and falls into places that we would like it to there is a new road

00:44:29,370	that’s going to be paved. There’ll be about 400 FT. Of Bella Avenue. That’s gravel right now in pretty shaky condition that’ll be pave, and that’s completely on the developers. Um, dime. Additionally, um, floor filling station.

00:44:47,170	This falls under the exact same ordinances that the city would would have anything in the city, so there’ll be extensive landscaping because we are buffering up against some single family homes, so it’d be additional landscape, you know, on the north, Um along all the driveways, they’ll be they’ll be shrubbery and things like that to protect it, Um, beating.

00:45:01,500	You know the applicant is not interested in in flooding the area with light and noise, So there’ll be landscaping for that the the lights will be hooded, they’ll be able to lower lower heights. So we’re we’re not, You know, interfering. There’s no light interference that we’re trying to. We’re trying to avoid. Got into the neighborhood. We’re trying to blend in with the neighborhood.

00:45:13,730	Uh, and and make it a nice, uh, option for everybody that’s living out there. Um, you know, it’s a standard filling station. Uh, like you would expect no car wash. That’s not part of this operation. We. Just be a filling station convenience store for people to be able to stop. Oh, they forgot something at the grocery store. While. It’s right on their way home.

00:45:26,030	They can grab something quickly here also gives them an option just to fill gas. I mean There are a lot of people living in this in this area. A. Lot of people take this road into town. This gives a real opportunity for for for a business to thrive.

00:45:37,400	And, uh, I think it would really be a boon to that neighborhood. Um, other than that, I can certainly answer any questions if you have them commissioners. Questions for land, Mr Michel. And I. I. Don’t expect you to have the answer to this one. But. I’ll be really amazed. If.

00:45:54,800	You do do you know what uses were allowed in that original 1975? Zoning. Just just thinking through that it could have been zoned CA or zone something, but over time, we might change what that means in ordinance. Do, you know if there’s any consistency, and that might be a question for your staff, too, If you haven’t dug into that level on this one.

00:46:11,330	Certainly. Yeah. That would be a little bit out of our range right here. I mean I can I can tell you what would be allowed today without a special use? You have a number of uses retail uses service uses, Um, group homes offices.

00:46:24,800	There’s there’s a number of things that could go in there right now, um, there would be more of that commercial nature. Um, the Station happens to fall under that special use, so this does require an extra step for us to go through. But I’m sure staff could answer what it was what it was like in the original zoning. OK, Thank you thank you. Comm. Shell Comm.

00:46:39,600	is additional questions for Landon. I’m not seeing or hearing any land. Thank you. Thank you. That. The podium is open for those that would care to address his agenda item. And if you would when you step up, would you? Uh, Please add your name to the log and and denote yourself. Comm.

00:47:02,600	Chair Richard Sander from Gibbs Township. I received a number of complaints from Brookfield residents wondering why the road is going through the public use lot, which is lot 11. If. You look on it, it says public use. They’re wondering how how can you put a road through the public use they would like an explanation. That’s all I have. OK.

00:47:38,930	Thank you, Richard Landon, is that something you can answer. Thank you chair Schwartz. I can certainly give it a shot. Um, yeah. The Original Platting and the zoning of this property is is very vague. Quite frankly, It’s, um it’s a piece that is that it says that it says it for public use.

00:47:58,070	It does not say anywhere on the Platte. What that public use means if that means it’s a roadway or if it means it’s for a ditch section. It doesn’t really say. Additionally. Of course that lot, as mentioned previously has been under private ownership for quite some time. It’s never been owned by a government entity.

00:48:11,730	So even though it’s states that on the Platte There’s really no direction for what that means. OK, thank you. Can I add something? Just a moment. Just a moment. Richard. Does that answer your question. Conservative. OK. All, Right. Thank you, all right.

00:48:36,100	Thank you with that? I’m gonna open the the podium is open now, sir, if you’d like to step up, and so I bought my house from, uh, my name is Cory Duch. I live at 648. East Bristol drive three houses down. And. I was told by the original owner of My Current home that that public use. Portion was set aside for the development to Develop a community park.

00:49:06,570	But not necessarily has to be a park. Um I just wanted to state that, uh, we have a whole list of items that we would like to share with you guys. To The reason why we don’t support that. II. I think, um, I think a lot of us here. Would Like to either. Maybe Just.

00:49:28,430	Take a vote by hand or something, because I I’m sure a lot of people don’t want to come up here. We’d love to hear from everybody. Sure. Before. We. Uh, move on the public hearing. I’m Just Gonna ask if, uh the mayor. Uh mayor, if you can hear me, Um we’re getting some feedback.

00:49:49,370	Uh, and have been, uh through our speakers. Are, you able to mute your phone at all? I know you’re participating via phone. But I. I can mute it? Yes. I thought I had Speaker, but IM to make sure it’s completely clear. OK, thank you. Very super for calling in for a hot tub. Get out of the Corey.

00:50:10,600	Could I ask you one more question, P. Uh, who? Who did you say promised that it was going to be part property. The, previous owner of my property, OK. He is the original owner of that. And. He had said, Uh, his name is Doug Mcdee.

00:50:30,270	He has since passed away, but He had said that that portion of land was actually set aside for the development to Develop whatever they want, if it if it wanted to be a a park. For The community or whatever whatever we wanted to develop it. OK, thank you commissioners before I let you off and I may have you step back up. Do.

00:50:52,670	You have any questions for Corey? I’m not seeing any. Thank you. Comm. Yeah. Corey. Was that written down anywhere. Not that I know of. OK, Thank you. OK? All right with that The podium is open for others that would care to address this agenda item. And if you would again put your name on the log and let us know who you are.

00:51:13,570	That would be wonderful. Uh, my name is darren Schneider. I actually live on Bel Air just to Locks down. Um, when I built my house 10 years ago that was zoned. My. Lot was zoned commercial. So was Linds eat next to us. That whole frontage was was also on We came.

00:51:33,270	For, you guys and and you agreed to, um rezone us residential. So. Um everybody in the in the in the in Brookfield Estates was wanting that because the fact that at that time and through the course last 10 years, the lots to the east of us have just been nothing but a junk pit.

00:51:49,600	Everybody tried to do something about it. I talked to the county Commission meeting, and they said they’ve tried to talk to him. He was non compliant. Never responded. Never did anything whatever lived with it? My biggest concern is the traffic. The. The Frontage Road has not been maintained. Hardly at all we’ve had to cut last year. A couple blizzards.

00:52:07,600	We couldn’t get out. We we literally called the county. It’s like I can take my snow blower and blow us out. Whatever. I understand it’s busy whatever. I don’t care about the lights. There’s problems with potential hazards to flooding.

00:52:26,770	You know I understand there’s a retention pond there, but I’ve floated my canoe in my back yard where the water drainage goes and the water drainage going out of there is not that good this spring we had I mean the yard was basically the worst it’s ever been. I see problems with the snow removal getting piled up piled up piled up, and it’s nowhere to seep into. It’s gonna drain fast.

00:52:41,630	I don’t have a crawl space. I’m not necessarily worried about it, But there’s a lot of other places that do Lynn next to me. His is the same deal. Um The traffic is my main concern. That front road. Um, the people that work in the building next to US travel that Excessive speeds.

00:53:01,830	I, don’t I don’t know It should probably be 25 even though it’s so I don’t know what the But we’ve tried to talk to a few people We’ve been told to Mind your own business. That road gets used. As 80th gets more and more busy people cut through that furniture road cruise down there. I got a grandson. He’s 2.5.

00:53:21,930	He’s cruising all over. I got dogs the whole entire neighborhood uses that furniture blocking back and forth to kids in the evenings. I mean now that it’s nice, there’s tons of people walking up and down that I understand It’s a it. It’s got some advantages. DU.

00:53:38,730	I don’t mind driving to town to fill gas. I. Don’t mind this to me is a traffic hazard. I know you can put up all the signs you want. You can put up a light. You can do this. You can do the the traffic study. You can do it all you want.

00:53:52,700	I guarantee you there’s gonna be 50 to 100 vehicles racing up and down that paved street every single day, every single they’re gonna cut through that they’re not gonna go to 80th. They’re not gonna go down to Bel air. They’re not going to take the traffic light. They’re gonna cut down the paved road and we’re gonna have On the development side. That’s my biggest concern.

00:54:09,270	I mean is there ways to mitigate a lot of the other stuff? I understand the lights the the traffic with with trucks going in there to fill, you know, fill the tanks, the trucks going in there to fill supplies, the people going in there in the middle of the night to fill fuel because of cards nowadays and and and it’s

00:54:25,670	gonna be loud. It’s gonna be it. It’s Just. Not. What? Everybody around there. Is out there for to get away from that. I understand It’s progression, and sometimes you just gotta live with it. But Doesn’t mean I have to like it at this particular point in time, so I’m not in favor of it.

00:54:42,430	Um, I think it’s going to be a bad deal period. Was true. Uh, Comm., Bitner. Thank you. When. You’re done, I. I got a question for you. Yes, sir, you mentioned more than once that you had made some contacts. I don’t know if you contacted the county or who you spoke with, But.

00:55:03,070	You said you were told to Those your words. Mind your own business. Well. Mind your own business, not not for the city or the county people. It was basically the the owner and the the workers. That worked in the building next to me the whole entire time. That’s the reason I’m asking Because.

00:55:21,870	There was it was an inference that you were contacting. I apologize to somebody like me or the highway department or in burly county is real committed to, uh, taking action when we get a at the time we rezoned. I talked to a bunch of the rezoning and and and and I’m Sorry It’s been 10 years ago. I don’t remember who I talked to or whatever.

00:55:40,070	And they told me they’ve They’ve been trying to get this Business owner to he he ran landscaping company out there. They ran an oil service company out of their trucks constantly up and down that have destroyed that road. We’ve been using four wheel drive every spring just to get out of it. I get it.

00:55:56,470	It’s part. It’s my deal. I. I live there. If I. I don’t like it, I can put up my house for sale. Uh, with that being said, I know that this going in there is gonna lower my property value dramatically.

00:56:10,400	I know who’s gonna wanna buy it? Nobody’s gonna want to buy that living next there. I’m. I’m not involved in that. I understand? Um, but like I said, I I’ve lived there since before your house as well. And I understand that there are some concerns with the road, but Yep. It. It, um A lot of things. I’m forgetting, but it it is what it is.

00:56:29,070	There’s I I just the traffic is a is a main problem and everybody that I’ve talked to, um, the public use when I real quick When I read when I had the rezoned and even on Onyx and all the papers that I had, and I tried finding my can’t find my original papers, But that lot 11 that skinny lot.

00:56:49,870	It was Brookfield Estates. Um County or or or or Park potential park potential, Uh, playground is what my maps had said at that particular time.

00:57:11,930	I don’t know up until about 345 years ago, Uh, on my on my onyx map on everything that was still designated as Brookfield County City Park or Development Park. I don’t know when it changed ownership or when, when, um the current owner bought it or it changed property, But. I know up until a few years ago, I was surprised to see the map that it wasn’t designated on there as a as the development part. So And, So. I’m not prepared.

00:57:31,000	I’m live live a busy life in this kind of didn’t give me a lot of time to Traffic is my main problem. So commissioners. Any questions for darren before we let him go sit down. Any additional Not seeing any Darryl. Thank you Appreciate it. With that the podiums open. We can race. Being 67, I’d probably lose.

00:57:59,330	Uh, my name is Chuck Bosh. I look at live within Brookfield Estates. I live in the northwest corner of the the 160 Acres that, uh, Brookfield is sits on Um Brookfield does have a homeowners association. We’ve been inactive. But. Uh, and being that I was the last president of development and we’ve been inactive.

00:58:21,270	That doesn’t stop me from getting the phone calls. Um, and let me premise right off of the 1015 calls or people I run across in the development, which all said they were gonna be here tonight. None of the are except for corey.

00:58:40,330	Uh uh, None of them are here so just like everybody no one likes to get up in front of the microphone. Uh, neither, nor had I planned to be because I was kind of hoping that they were going to speak. But let’s us first of all, this is Brookfield’s, uh, estates covenants it’s recorded in the courthouse. And if you look on the certification page And.

00:58:59,230	I will read it to you. Signed by Bill Bender and his wife, Essa. Elsie is further dedicated that lots won 21 block one and lot 11 Block five. As areas dedicated for public use. 1975 So. That’s when it was documented. Now.

00:59:26,800	I know that, uh, consulting firms said Well public use doesn’t mean what that I can’t imagine that everybody anybody thought back in 1975. That public use area was, uh for a road. Um, I thought what I’ve always heard. I’ve lived out there for 30 years. That. Uh, that area has always been for our park. The developer chose the least desirable house spot.

00:59:50,430	Which was in the corner there, and so, uh, it’s probably not good for a park. But it still is a public use area. And. So. There is documentation, uh, in the courthouse, uh, when it was occurred, And like I said. It’s been wide for the 30 years. I’ve lived out there. Everybody talks that that’s our park. Um oh, Like. I said.

01:00:09,830	I mentioned, uh, the things that people had called for, uh or mentioned to me when I was at the driving around or walking around like this here, Um, first, uh, the developers talk about trees. The trees might have some visual effect in 20 years, but 20 years I’ve I’ve lived out there for 30. Finally my years.

01:00:29,270	My trees, uh, provide some visual break from the next door neighbors. I can hear my neighbor talk so it will have no effect on sound. Um, the extra traffic, you know, you know, I. Don’t think I need to tell anyone here. I weigh 10 is maxed out already.

01:00:50,130	Adding traffic to it is only gonna make it more congested. I take I come out at Brookfield Estate to get on Highway 10. I take a right It’s not too I can get in there.

01:01:04,000	I can’t imagine the people on the other side of the highway 10 they have to try to make a left and cross two lanes of traffic I. I would be scared if I was a young, uh, a parent of a young driver getting on there the roundabout out there, uh, help those people from Lincoln. That was a great thing for those people.

01:01:23,370	Although Don’t like to yield to the Lincoln people when I drive on highway 10, but that that’s I appreciate it, I. I had more and more accidents up to that point that is solved A lot of issues in up to their Uh, not only the traffic on highway 10 the traffic on highway 80th and also additional traffic that’s gonna be come through our development.

01:01:43,200	Which may not always be so good when somebody drives through and says, Oh Chuck Bosh left his chainsaw set out there. Well, maybe that’s too bad for him. So. There’s a lot of concern about that. Also. I don’t think I need to tell anybody from the the planning board that we have water issues out there. We have flooding like Darren talked about.

01:02:02,830	We have high water tables. Most of the people’s Pumps run year round over there, on and off, adding a drain fill to this is not what we want, Uh, especially when it’s too associated with a high use area such as a, Uh um A a filling station or a convenience store or something like that. I. See.

01:02:21,570	They mentioned a detention to I don’t know what that meant. Uh, I know what a retention plan is? I don’t know what a detention plan is. But. Some of the folks have expressed interest or concern that that’s a spot that’s going to attract Children.

01:02:37,070	Either for ice skating on top of it if there’s water in there, or it’s gonna contribute to the the, uh, problem that we have with, uh, high water table, not to mention any mosquitoes or smell or order that comes along with that. Um, like I said. I, frantically writing these things down there sitting back there. Um, See you on Twitter. Am.

01:02:57,800	I missing here, Uh, overnight parking theft. Those were things that people Children that are gonna have to watch our Children a little closer. People drive fast enough out there if there’s people that are coming, visit the gas station go. Oh, Haven’t been through this development, so it’s going to add some extra traffic. So.

01:03:13,200	Those are the big things noise, jake brakes more night seminars, those kind of things, water tables, Uh, tanks in, uh, I Think. We’re gonna have tanks buried out there for fuel.

01:03:32,770	I don’t know that the water table is, is, uh uh, good place for that so Um And, Then who’s going to pay for any additional road stuff? Is it going to fall upon the county citizens the people out in rural uh, you know the the the City County Planning board, but it looks like the county people, uh, the residents of Brookfield states, perhaps the people across the roads are going to take the hit on this.

01:03:51,730	And, uh um Those were the concerns that were brought to my attention. I’ll answer any questions? If? I, can I’m more just relaying information? Um So thank you. Comm. questions for Chuck. Mr Michelle. Jack you mentioned to public use laws. Can, you maybe speak to the other one. And. What that for now and in the history there too. Yeah.

01:04:13,630	The other one was This public use lot is in the South east corner of that quarter adjacent to highway 10. The other one was in the southwest corner.

01:04:33,900	Uh, Larry Jen and now occupies that property he was required to go around to get the signatures of the majority of the people in development to vacate that public use area and he did that. OK. Thank you? Thank you Comm. shell Comm. has additional questions for Chuck. Mr. Yes. Chuck. Um, I’m The covenant.

01:04:55,370	Is there a date on how long? That’s good for And if there is, has it been updated? Um There’s been one revision that we’ve done where we changed the livestock you out there to, um Allow no horses. Um and then here, it says, um ah Da da da da.

01:05:15,500	There there are this is number one here there are created and established in the area of plot and Plat and subdivision of the following protective covenants which will run with the land and remain in force And, in fact, and for a period of 25 years and shall be automatically extended for excessive periods of 10 years unless an instrument signed by the majority of the owners who have been recorded, uh HA owners have been recorded agreeing to the change of said governess in whole worn part.

01:05:36,800	Any violation or attempt to violate any or of the governor’s shell title. Any person owning or having the interest in any part of portion of the said areas. These areas, developers, proprietors or institute and and prosecute through the appropriate proceeding of law or in equity for the wrong done. Or wrong, done or attempted. So the way I read that it’s continuous. So.

01:06:01,370	That was done your Yeah. No, there’s not, it said it will be automatically renewed. Unless. There’s a, uh, majority of the homeowners, um, that have Cha will change change that That hasn’t happened. So nobody’s died or Mhm. No. I’m not sure what you mean by diet or moved away.

01:06:25,530	My experience with covenant is they were written and they know three people that wrote it have died and the new people Maybe reduce it or come up with with something that’s totally different than what they wanted. No, As far as I know these, with the exception of the horse, uh, allowing horses out there, Uh, there. These are the original documents.

01:06:50,470	Any other questions for Chuck Comm. field, so It may say it’s public use, but who’s paying the property tax on that lot? Um, is that the Guy wanting to build a gas station? Perhaps? Yeah? Yes. I’m I’m assuming so. Well, but if that’s their piece of dirt Well. Um it can’t be a city park.

01:07:13,930	Well, you perhaps, but we all have easements on our property. And. They’re all owned by private pro people. So. Um, just because you own the property doesn’t mean you have to can’t abide by the easements. The County being in a heck of a problem if they wouldn’t allow a private owner to do whatever they want with their easements.

01:07:31,600	Yeah Apple Creek Road happens to be half mine for 600 ft. There’s an easement. Other questions for Chuck. Okay. Well. Thank you very much I. I like I said. I was back there scribbling these things down. I was hoping other folks would get up and speak and, uh, that’s the way it is, I.

01:07:53,100	Guess, never become a president of the Home run Association. It’ll. It’ll last forever. Thank you for your comments. Without the podiums open for others that would care to address My name is Mackenzie du Chuck and I live. Sorry. Sorry. Oh, that’s OK. And. I live out there.

01:08:23,870	Three houses down from where they plan first and foremost, I’m a mom out there. My Children are seven and three. So I have quite a concern and I have a lot of information because I’m thorough, so please. Bear with me. But, one of the maps they put up I. It was not up to date and I feel that’s not fair.

01:08:42,600	Um and kind of a little bit of a misrepresentation of the current geography out there. Um, can I make that thing work? That little thing. Sorry. I and I’m. Also. I appreciate research, so you’ll have to Bear with me. Um OK? So OK? I’ll just talk louder. So. This is where they are. Proposing. The filling station.

01:09:31,830	What over here that they don’t have is a brand new is a brand new build home. And. Their owners aren’t even occupied it yet it’s still in the building phase. And. So. I wonder if those individuals even got a letter yet, and their house looks like that. This right here.

01:09:56,800	Is where that filling station is going to be and the road. This is a view from where they’re filling station would be. This is another house over here, and here’s another. Yellow house. Now. This is a cross highway 80. Or County Road 80 Sorry. My apologies. And even that back of that house. I mean look at those windows.

01:10:18,730	Who wants that to be your view, and I think it’s misleading because nobody talked about this par. This property right here. There’s somebody’s house right there. And just last night when we were driving around. I mean not only do people cross County Road 80 to go walking and for bike rides.

01:10:43,870	I mean last night when I’m out there snapping these pictures, because here’s that corner of that house here would be the filling station. Um, just on the corner of East Bristol on 80th Street. Mind you the approach to the new filling station would be somewhere over here. There are Children.

01:11:08,070	On the trails for with their four wheelers and that, um, that approach that would go into the filling station. Would cross that trail system, and it is actually a snowmobile trail system during the winter, and you can find that online. Now. I said. I was thorough and a lot of my concern comes with being a mom.

01:11:33,030	So bear with me so I’ve got a list here, and it’ll probably touch on some other topics that other people said. But like general aesthetics, the light pollution, Uh, winter glare off snow. Um, and that picture That was also placed up there that map it doesn’t show the development that has occurred. I don’t know what year they got that. Oh, sorry.

01:11:59,530	Because there is now even like this house here. There’s a shop here. There’s this house being built a lot of those, um, weren’t on that picture that they put up for you. So. I just want that to be clear. Now.

01:12:21,130	The purpose of lights and signage is not only for the deterrence of like criminal activity on the property, but also advertising and visibility. So to say that there are considerations for incorporating the shorter polls, et cetera. There is no way in my opinion to effectively limit the lighting and preserve the country feel like if we cared that a gas station was three miles away, we probably would not have paid premium prices for our lots.

01:12:43,870	And our homes to live out in a country feel area. We don’t mind going to a gas station Three Miles away. We mind when our Children aren’t safe walking on a busy road? Now, um And. The proposed concept layout does have trees on two of the sides. However.

01:13:06,330	What about like I was mentioning the individuals to the east of 80th 1 of the new Builds is less than 550 ft from the proposed location without already mature trees. And what I mentioned with the lot values. I know one time.

01:13:25,530	My husband and I called over there, uh, to the east side of 80th, because we’re like one of our friends was looking to build and my husband and I are like, Jeez, I wonder what a lot costs over there like 25,000? No, they were saying they were $90,000. That’s just for the piece of land to build a home on And That was seven years ago. Probably.

01:13:47,030	Yeah and then like as I mentioned way of life owners buy for and in part for the country living feel now you said mentioned that you lived out there wrote grew up out there. There is a turnover in Brookfield estate.

01:14:09,870	There are many young families moving in and currently residing there, um, and along with many young families building And already residing in the, um Developments to the east of a but also to the south of Highway 10, and it’s come to our attention that those to the south of highway 10 did not even get letters discussing this or notifying them of this. Now. Many families, um cross 80th to walk with their pets let their Children grandchildren ride bikes.

01:14:33,370	Families enjoy the possibility of continuing the lifestyle of generations and yesteryears, where kids could ride their bikes to and from friends houses with limited fear of abduction or threat to safety to include motor vehicle incidences. An increased traffic would increase property concerns.

01:14:57,000	Um, generally two acre lots that have Accustomed to the country life where we leave property out in the open or even unlocked. Um people wandering to and from not only increases motor vehicle traffic, but also increases the chance of opportunistic crimes. Um, there is the increase of flow of individuals not from the neighborhood, and you’ll have to excuse me again.

01:15:17,800	This is the mom coming out in me, but a gas station is going to draw anyone. And just within 1.11. Miles vicinity. There are seven registered sex offenders living down there, three of which are high risk, two that are moderate and the details include, but are not limited to, like child pornography, sexual exploitation of a child.

01:15:39,700	I mean this is just stuff we don’t want to, you know, put up some big lights in a gas station, like, come fill here in my backyard where my Children are riding the bike And as I mentioned, a gas station offers convenience to anyone. And with such a young population of families and small Children. This is a huge concern.

01:15:57,830	We don’t want attention attracted into our neighbor. How. Is into our neighborhoods. Um and then currently the evening and morning commute are the busy times as it is everywhere but adding a gas station at that location would open the possibility of increased traffic at all times. Now health and safety concerns and again.

01:16:21,270	This is a lot but you know when you’re a parent you’ve and a mom especially you really think of all the risks you know, there’s well documented hazards of the gas station business, um, include but are not limited to like the risk of contamination of groundwater and air quality through leakage.

01:16:41,500	I mean a quick Google search will provide endless access to reputable sites documenting the dangers to health from exposure to certain. Now, um And. There’s no amount of research to indicate any, um, exposure is OK. Now. These older properties also have working wells. We live three houses down from where they propose to, um, have the filling station.

01:17:07,730	We have a well that we actively use to water our garden to water our yard. It runs into our house. I mean it really, And. There’s other people living in that same general S, same vicinity. That have wells that plan to use them as well. And.

01:17:28,570	I mean when you go to live in the country, you know, you kind of have this promise of self sustainability, you know, threatening a water source kind of removes that Now. And. Of course we understand that there’s storage tanks of which must meet certain criteria guidelines, but there is no monitoring system on these private wells that would detect any of that. And, then the detention pond smell mosquitoes.

01:17:52,100	Curious Children looking to explore they could possibly drown. I don’t know how full detention pawn gets. But just a Concern. Um, again. Families walking Children playing and riding bikes. There are no sidewalks out there in these developments.

01:18:16,530	Just yesterday my seven year old son and I went on a bike ride and he got spooked because this pickup it would pull in a trailer was going to turn and he got spooked, slammed on his brakes. I’ve like hid into my front tire and I flew off, and I’m the one that got hurt, Thankfully, But you know if that Been kids just riding their bikes on their own. It’s A. It’s a concerning situation. Um, increase in crime rates.

01:18:37,670	What about if there’s like, you know again, more people at the gas station, armed robbery or or a fire. I mean does the rural fire department know how to are they certified to fight a fire of that capacity if there was a fire? Um the water run off in 2023.

01:18:57,930	There was a flood in our neighborhood because I think that’s something with the drainage ditch didn’t get open all the way. But what happens when that happens? Again and it floods and it actually flows down to where the Roundabout is and then out to the Missouri River.

01:19:18,930	I mean I wonder what if, if anything, if the federal government would be concerned with the possibility of the drainage or you know, contamination of a water source or water runoff that goes into the Missouri River. Now again. You’ve heard plenty of talk of the proposed originally zone that area being originally zoned by the developer, and that’s why it’s there.

01:19:43,600	Um And fireworks OK, Aside from common sense and burn bands and legal firework purchases were not prohibited from lighting fireworks in our developments, you know, often our family and friends join their friends and family in the area for the celebration of the fourth. What happens when a gas station is there and the houses. Uh, Can.

01:20:03,330	We now light fireworks, or are we gonna be restricted from doing that? And I. Ultimately these factors and risks that were never associated with our development, and I feel it would be extremely unfair and inconsiderate to introduce these directly into our neighborhood and way of life.

01:20:25,670	Our residency in this neighborhood and developments not just Brookfield, but the ones to the east of 80th and to the South is just that moral way of life. We don’t want to live in town. We don’t want the convenience of living in town. That’s why we pay what we pay to live where we do if we wanted a more convenient location, we wouldn’t spend that extra money.

01:20:45,500	We understand the desire of outsiders for economic growth in our area, but we also call for those to understand that the development must be compatible with what is already established and has been established for 50 years just about And.

01:21:07,270	I say that ultimately when the risk to residents and the residential property owners alike and the value to their properties, um it’s obvious that The residents are what has to be honored and given priority, not somebody’s. Desire for a gas station in their backyard that they don’t even live there. And. I mean, I have More pictures because you know, I spent one day measuring distances on Google maps. And.

01:21:32,000	Let me see if I can find it because I mean, Put this back on. Thank you? I’m Sorry not to be. Um Here’s where the filling station is or proposed to be again. I mean this is south of Highway 10 within 1000 ft, like these houses are all there and I don’t I.

01:21:56,970	I’ve been told that people to the south of Highway 10 did not get letters. Um and I wish I could find. There this So Here’s the proposed filling station. This is that one of that yellow house? That is gonna be buffered by trees.

01:22:23,130	How much? Light can really be buffered by trees and sound when we can still hear our neighbors. They live 206 ft. Approximately from that road and gas station. Wants that in their backyard. I. Really Thank you Chair and commissioners. And Thank you for allowing me to be the mom and come up here. Commissioners. Mr Field. I.

01:22:55,130	Don’t live that far from there, either because I live over on Apple Craig, and it really doesn’t affect me because I never go over an 80th. But somebody owns that. Property. And its own commercial. What would you say is a good use there because from what you said. That’s an expensive piece of dirt. So I can understand all your Concerns. Well, but they have no money.

01:23:24,530	Somebody was going to ask me this and I’m not a developer, but I mean you could make money from storage units. You know that’s a commercial. I. Don’t think I don’t know. And I don’t know, you know, but I’m, saying a gas station is not the same. We. Don’t want the gas station there.

01:23:45,470	The majority of people do not want that gas station there and in their backyard, So. I’m Sorry that you bought a Commercial property, but it’s it’s not even zoned for a gas station. So if you need to develop something else because it’s not gonna be approved. That’s not You know that’s that’s their concern. Mm. I don’t know. Comm. additional questions.

01:24:12,130	I’m not seeing any McKenzie. Thank you. No. Somebody like the pen. Everyone fell on the floor, but I’m Dwight Eckert I live east of 80 at at the Intersection there. Um I. Guess my question is The traffic impact study. Is there any conceivable way that that would change the course of this project. Um To me.

01:24:50,200	It seems like There might be Higher traffic volumes currently At the Roundabout on 66. Yeah. You know that’s something that I’ve wondered about all along with this is that That may be and again, you’re gonna run in problems with water and drainages and all that kind of stuff, Probably wherever you want to put that any place in

01:25:17,200	the CO county so You know is a traffic study just Bring it. Uh, up to where the increased traffic volumes won’t be a problem. Or will it will that have an effect on the project? That’s true. Mr Bitner.

01:25:42,330	I think I think if Casey is still in the room I think he could address that I. I could Weigh in on that a little bit as well. But my understanding. If. You wouldn’t mind, Casey, but, uh yes. The Traffic study does impact what would happen there because what we would be interested in? I think he could back up his is whether there’s you know, turn lanes required.

01:25:59,930	What A, What a roundabout be a better thing with a You know, without having the the science We don’t know that we just be kind of guessing Casey wouldn’t mind we so we’d think a study would be good so It won’t necessarily affect this project going forward.

01:26:24,030	Oh, yeah, OK that That’s what? I Yeah that That’s the point in doing it, So Yeah Casey if you could address it Sure Thank you thank you Hold tight to wait so part of what we look at is does westbound on kind of 10 need right Turn Lane, does it potentially The left turn Lane does the eastbound then do you

01:26:43,600	look at a left Turn lane and right turn lane. On an eight. If you look at many of the same things you look at, uh, also is roundabout, an option or traffic lights stops. You know we we look at all of the options in the traffic study.

01:26:59,370	We don’t just start ruling out everything and don’t look at it And. You. Look at, uh, you take traffic counts, we would look at traffic on Bel Air Traffic Council on each each of the roads. How. Many turn movements are happening. Then you take the business and you project OK.

01:27:16,430	Would You Anticipate about this many vehicles coming in There, uh, turning need to be in at the entrance going to the gas station and and looking at that so there, there’s many things that you look at going through those things and you try to base it on actual real traffic projections and not just saying we gotta do it no matter what.

01:27:34,970	And then once we can see what’s the options to get that narrowed down, then that’s when you work on the developers agreement, and we take that to the county board, and it’s OK is there is the developer paying for all of Improvement in the traffic study can back up, say, Hey the There’s You

01:27:51,530	needed a turning before this even happened. So, then that looks at the county portion. So You. Wanna be fair with everybody when you’re looking at those things, but that’s part of what the data helps You determine to be able to move forward. Casey. Just one question while I have you out there is there.

01:28:10,730	Do you have some breaking point or something? Where you say this isn’t going to work. Or do you just You do the study and you present present the data to, uh um the county commission and let them decide so part of what we look through is if If it’s negative impact to such a level that it can’t happen.

01:28:34,730	I mean traffic occurs all over, so there’s a lot of ways to make different types work. Uh, traffic impact studies are commonly done in the city.

01:28:49,670	There can sometimes be just as much traffic or more than what you’re looking at in these areas, and so a lot of what you look at is how we’re trying to get them away from the intersection so you can get your accident rates. You wanna get them into a very low level? You don’t wanna You definitely don’t want them high. I. And. So. That’s all of what factors into parts that you look at. OK. I think that answers my question. Thank you.

01:29:08,500	They could answers parts of my question, too. So, um You know how long do these traffic impact studies typically take Casey. Made the mistake of sitting down. Uh, sorry. I generally you put them out there you let the traffic run for a couple weeks so you can get a really good average split.

01:29:35,900	Uh, we like doing it, Uh, Oh, and as much as you can, when you know there’s high traffic amounts so you can get better projections. You don’t wanna do it during the middle of winter when it’s uh between Christmas and New Year’s cause. A ton of people are gone or O. Others are in.

01:29:55,800	We do try to get it when schools still in session as much as possible. That’s part of what’s looked at, But you know about what the traffic difference is on there, so you can kind of project that out a little bit. So. That Way.

01:30:13,530	You can see what what’s a good Average going through, and I mean we’ve looked at Hundreds of traffic impact studies over the years, So it’s you get a feel for it, and the good news is the highway department drives that intersection. Hundreds of times in a week easily so we’re very familiar with the intersection, too. OK, thank you. Again. I think that that answers some of my questions so I got there. I’m done.

01:30:34,800	All, right? Any questions for Dwight before we let him sit down. Thanks Dwight. OK, Thank you. Good evening, Uh, Chair Schwartz in planning a zoning commission members. My name is Kirby Vanger and I live at 8042 White oak loop, So. My home is directly to the southeast of the proposed gas filling station.

01:31:17,000	Um, my wife and I when we decided we were looking for a lot. We looked at a lot of the outskirts areas of Bismarck Mandan when we were looking for a lot. We were looking for something that is what we are used to. When. We grew up. We both grew up on farms, Uh, Rome McCluskey area.

01:31:31,400	And. That’s what we wanted. We wanted something away from the city lights. We wanted something away from, um, the busyness of, uh of, uh, congestion and and we want it to be in a place that’s dark when it’s dark at night.

01:31:52,200	That’s what we enjoyed and we picked that spot at 8042 White Oak Lo because of that, feel it had a country feel and that made us feel like we were at home. It’s where we grew up with, I can tell you and I think I speak for a lot of my neighbors had we known That. There will be a gas station in our backyard, we would not have built there. And.

01:32:06,130	I think that would go? Probably for any perspective, buyers that may want think about buying a home. I. Think you’re taking a contingent of potential buyers out of the mix because of a gas station right in our backyard. There’s all the reasons that some have been talked about tonight. I’m gonna share that.

01:32:24,930	Uh, I’m very concerned about, um and one that hasn’t been mentioned is just the fumes. The vapors, the gas station, even underground tanks You’re going to have, um, you’re gonna have fumes from diesel fuel from gasoline. From the fillings from spillage from from the actual semis filling the underground tanks. I am directly southeast of this filling station.

01:32:46,400	The predominant winds in North Dakota are out of the northwest. Those fumes are gonna be coming right toward my home. Um, and I’m not too pleased with that. Traffic congestion is another one that’s been talked about a lot talked about a lot tonight.

01:33:02,670	I can tell you coming from the south on 80th Street trying to get on the highway 10 during busier times. It’s getting very challenging, traffics 55 MPH there and I’m trying to take a left turn to go west toward town.

01:33:22,470	It is very difficult to make a left turn at that intersection, and it’s only gonna get way worse and not just be during the commute times of Morning and evening it’s going to be worse. Um throughout the day if there’s a gas station there, I’m concerned about safety. I’m concerned about traffic study, potentially needing a traffic light there at that intersection. Think about the light pollution from a traffic light again right in my backyard.

01:33:44,270	Um as far as concerns there’s been discussion about you know the groundwater. The groundwater level is high in the area. All gas stations and underground tanks will leak eventually. It’s just a matter of when it might be 10 years might be 20 years. At some point they’re gonna leak at some point, the gas station is gonna close. And. Usually.

01:34:02,030	Those tanks aren’t removed and at some point you’re gonna have leakage of those tanks. You’re gonna have groundwater contamination. And you’re gonna have toxic plumes of fumes that’s gonna flow under the groundwater and into our homes that can lead to debilitating headaches. And also serious health conditions. Talk about noise pollution noise pollution is something like one or two people mentioned.

01:34:24,670	I AM concerned about that as well. Uh, you’re gonna have a big change from the peaceful country living that we enjoy today. You’re gonna have more slamming doors. You’re gonna have people talking. You’re gonna have increased frequency of vehicle acceleration. This is something that already see some of this It’s certainly increased with more people.

01:34:43,730	You understand that that’s where I chose to live. And I understand that, but now put in a gas station there, it’s only going to increase tremendously. The amount of people accelerating. Uh and and that makes a lot of noise. It’s not gonna be as peaceful as what we thought when we built our home there.

01:35:01,200	Light pollution. I know there’s measures that are documented as to what they’re gonna do to try to, you know, make the lights And try to control those I can tell you every gas station.

01:35:17,430	I’ve seen the ones that are successful are the ones that are lit up like a Christmas tree, and it’s because people want safety and security when they go to a gas station, they want it well lit, and there’s gonna be signs illuminating. Um, you know for advertising, marketing and the pricing. How, do you? How? Do, You control the light That is polluting. Uh, the area from that. They talk about landscaping that’ll be in the surrounding areas. Well.

01:35:36,130	What happens when those trees lose their leaves in the winter. You’re not gonna have near the the landscaping protection from that It also talks about landscaping that will be to the north and to the Um to the east and a little bit on the Southeast. Nothing that I saw on the South. So.

01:35:56,330	What happens to the protection from a light standpoint to the people going to the South. There’s also landscaping buffer. Um, so we just talked about that, Uh, I wanna talk a little bit more market value of our homes. I really believe that all the homes in the area will see a decrease in their market value.

01:36:15,930	Again your potential buyers for any home. I can tell you if I was a potential buyer, and I saw a gas station you right? I’d probably eliminate that home as a potential option for me and my family. So. That is a concern.

01:36:32,530	I you think about all of us that built out there? We wouldn’t have likely built their had we known there would be a gas station. And. So for us to now suffer financially. At the time we do intend to sell our home. Um, I think that’s unfair to all of us. This and and really everybody in the adjacent neighborhoods. When. I read the maps.

01:36:53,530	I read lots, 10 and 11 in Brookfield Estates have been zoned for future land use as rural residential. Now. I realize it was zoned commercial back in 1975, but I think all the maps that I’ve been reading when I was looking at buying my lot. I saw Future land use colon, rural residential That’s what I saw for lots of 10 and 11.

01:37:15,870	So in every direction from this proposed filling station. There are residential homes in every direction. Permitting a gas station at this site after This. Entire surrounding area has been fully developed in residential homes seems contrary to the residential feel that all the homeowners had when they decided to build in this area.

01:37:36,170	I think it feels to the homeless. They’ve been undermined with no disclosures of potential petroleum tanks and commercial activity in their backyard. The. Last point I’d make is I really question the necessity of a gas station at this spot? When. You think about a gas station three miles away. And. You. Think about a truck Stop 4.9 miles away. And.

01:37:56,900	The reason people built in this neighborhood is to be in the country. And they didn’t need the convenience of a gas station, and I think we’re all happy to drive to town to go to a gas station, so I will conclude my comments there and take any questions. Commissioners other questions for Kirby.

01:38:17,270	I’m not seeing any Kirby. Thank you for your comments. Oh. I’m Sorry Mr Field. I didn’t see your hand so If you don’t think the gas station would be good there? What commercial business do you think would thrive there? For the first time bought that lot. I’m sorry.

01:38:40,130	Who’s speaking back there, you can come up to the podium so everybody can hear you. Following You know for me, I. I think Uh, any use. Obviously residential would be ideal because everything else around there is residential the entire surrounding area. But if it’s gonna stay commercial I could probably be comfortable pretty much anything except a gas station.

01:39:04,200	And for all the reasons I just outlined OK? Thank you Comm. and field. Commissioner’s other questions. I’m not seeing any Kirby. Thank you. Thank you. To you. I’m Kelly Shafer apologize for, uh Speaking up there, but you keep addressing that, you know. When did he buy that lot? When did that person buy that lot? You’re talking about us.

01:39:30,670	Having to worry about what he’s going to do with that lot when now that he bought it. He should have worried about what he was gonna do with that lot, seeing what everybody else had there already. I mean, if it’s not a commercial, it might have been zone possibly commercial.

01:39:44,130	But is residential everywhere around there, and you live out in that area and you live out in that area. And, you know that if somebody come and wanted to put one right next to your house, you wouldn’t like it. And that’s what we’re that’s what we’re relaying because We built. We did that we we built out there for a reason.

01:39:59,470	We like those properties, we want to be out away from everybody else. We didn’t expect somebody to come there if we’d have known there was a possibility of that. None of us would have built out there. None of us would have bought out there.

01:40:12,670	We actually annexed our property into the city limits so our kids could go to school. We knew it was gonna cost us more in taxes. But. Our. Our development would increase better for resale because people had a chance to take their kids to the Bismarck school system instead of going to Apple Creek.

01:40:31,730	The whole idea of living out there is to not be in a resident or in a commercial, uh, city development, and that’s what that would bring out there. It’s gonna lower property values. You know if you if you are come out there in the spring when the water runoff happens, you would see that there’s go to a gas station. Any gas station that doesn’t have fuel all over the ground.

01:40:47,730	When it runs off. Where. Is it gonna go? Gonna go in the ditches. It’s going to go on these people’s yards. Well and and our wells, and we have a well You know we’re we’re one of the residents that have a well and that was my biggest concern because I did not see the environmental impacts of

01:41:04,430	tanks being addressed in the contingencies that were the staff was making the traffic impact study was I was very concerned about that. I was happy to see that so that was good that I didn’t see the environmental um You know the impacts there also, we did not get a notification. We found it.

01:41:21,930	On Monday. I was out of state. My husband literally picked me up at the airport at five o’clock tonight. And. Here I am. Um, I haven’t even Home yet because it was this important to us to be here because one of the other things is when you start this type of property, one big concern would be now

01:41:35,800	Does this become a full on truck stop. And. We all know some of the social ramifications of what happens there. The. This is and everybody’s mentioned it tonight.

01:41:54,400	Crime theft and And since there’s another business right next to it if they buy that business out and turn it into a truck stop I You know what’s gonna happen for when they turn that into a roundabout or do something different? Uh, he’s been up here talking. Who’s gonna pay for all that expansion. We’re gonna end up being stuck for that.

01:42:08,070	We’re gonna get stuck for all that development for redoing the roads for improving the roads for improving turn offs. I mean it could be argued right now that we should have turning lanes right now on 80th and 0 10 just because of the truck traffic this spring, when strata knife River and northern improvement start hauling into their gravel.

01:42:25,400	All that comes down highway 10 and you and UPS is opening up a facility out there, so that’s starting to come, too. Trucking is out there now. I mean we’re getting a ton of traffic out there and you put this on there Trucks are gonna Try and stop in there and even if they can’t fit if they need fuel, they’re going to pull in there and they’re going to make it four times

01:42:37,330	worse for getting in and out of there. It’s already a nightmare coming off of 80th. If you got to go into town. If. You’re coming from the south to go, Uh, to go the west back in the town, and you put that much more congestion on that intersection.

01:42:53,600	It’s gonna be a nightmare and yeah, there’s there’s kids driving and people driving, bike riding bike out there. I’m surprised people do it right now, with the traffic that’s out there. I can’t imagine what it’s gonna be like when when something like this would happen. And again.

01:43:10,730	You buy in a development you go into development team with, uh, the the pre, uh, President of the the Homeowners Homeowners Association on the other side said, you know, that was never what was intended by the people that built that and the development that we’re in that was never intended to have something like that and our our area. That’s what we bought bought out there.

01:43:24,300	That’s what we built out there if you knew that they were gonna do that, and I understand, you know, you go and buy a business and you want opportunity and do stuff like that. But you gotta look at the area when somebody goes and builds by a gravel pit. I used to work for sand and gra.

01:43:35,400	Company when somebody goes and builds out by a gravel pit, and it’s an existing gravel pit. That’s their problem. They knew that when they got there When. Somebody comes and develops a gravel pit in that area after a housing development is that that’s a whole different story, and that’s what’s happening right now.

01:43:50,800	Somebody’s gonna come in and develop something else that could possibly turn into a bigger issue for everybody that lives out there. So. We’re opposed if you if you haven’t picked up on that, um and I right? Everything else has been said.

01:44:07,870	I mean we have all the same concerns that everybody has said, but we just wanted to get on the record that, uh, we do stand in opposition to this development and we would stand for any questions if Anybody on the commission has any commissioners questions? OK? Comm. field. You know I can understand your concerns, but I spent my career repairing. Petroleum tankers. I owned in our stamp shop here in town. So. We had high pressure anhydrous.

01:44:33,730	We had propane. We had You know crude oil tankers and you know you guys make it sound like it’s just a bucket with wheels being kicked down the road. I mean those are very advanced trailers. Um, I.

01:44:55,130	Not already in that part, but I work for a company that had a fuel station in Dickinson right across from the business. The truck stop. It had tanks that leaked for years and years, and they never reported the loss because they didn’t want to deal with it. You know what the round you know what the, uh, recommendation was from EPA. They drilled holes and put perforated pipe down there and let it vent off.

01:45:11,170	And it’s still venting off the date, and there’s millions of gallons down there, and that’s how they’re dressing it. Well. They’re still pumping it, man Dan, where the railroad last fuel for years and years, But you know, the reality is if in a situation like this On one hand you’re worried about How.

01:45:29,800	It looks visually and I can understand that But if you put the tanks above the ground like they do at the airport, which I’ve had to repair their tanks before, too But. They’re up and enclosures with rock. They don’t have any spills. There’s no way it can get out of there. The containment as big as a tank, they’re vented.

01:45:47,870	They’re vented right out of the top. They’re mounted, usually back to the building, and there’s a unit that comes right back out of the building. They been into the atmosphere. Where. Where. Is that gonna go right to Kirby’s yard and to the Schafer’s yard because we’re all right and that’s that’s a fuel spill. Like. I said.

01:46:02,230	Go drive to any gas station here in town, and you find one that doesn’t have a big mess of fuel on the ground because somebody wasn’t paying attention to it. And where does that get run off to When you’re gonna have it down in that area. They talked about the flooding issue. We’ve been out there for 16 years.

01:46:17,670	And, you I’ve seen him canoe in his backyard. I have Well, I wouldn’t build a gas station in his backyard, then it’s right next door next door to it. That’s where they’re building it. You were talking. That’s what we’re talking about. Yeah.

01:46:32,630	You’re considering a two lots next to next to that, that that building that’s there right now that that’s kind of a landscaping business right now. The. One Guy that, Uh uh, was, uh Uh, canoeing in there. He’s the next house. And the next one to him is the other house that was in there talking.

01:46:48,900	They have water running through their yards and it runs right back out into the ditch, and it runs strong through there, and if they’re gonna pile snow in that city or on that on that lot, which we’re also gonna, we’re also gonna put their snow. Everybody else puts it on their on their parking lot. Where is that gonna run, it’s gonna increase their flooding issues.

01:47:04,630	Hm? Yeah. Thank you Comm. field. Any other questions for the Schafer. I’m not seeing her any. Thank you for your comments this evening. Uh, my name is Don Charvat. I live in Brookfield for the last 40 years. I live at 628 East Bristol Drive.

01:47:43,130	I also have a lot at 618 Bristol Drive, which is is adjacent to the proposed gas stations. I understand its own commercial. Uh, commercial. It’s You know, it’s It’s. It’s not a candy store. It’s It’s not a bait shop. It’s a gas station. I’ve worked in refineries. This is dispensing hazardous materials, and I understand all the codes and everything else is all fine.

01:48:08,230	But. There’s also the potential for a, uh, an issue. Uh, problem, You know, not that long ago. Nobody thought that, uh A ship could take out a bridge in Baltimore because it’s not in. You know it’s not in the books, but anything can happen and properties. There’s a A House, a couple 100 ft.

01:48:27,970	To, the north of this place, OK? And and so again, I understand it’s commercial and it fella can do what he wants. But I’m. Also one of my issues is I’m I’m acquainted with Mr Dusty Anderson. And for years. The, jason, Uh, shop has been nothing but a nightmare.

01:48:51,430	It’s It’s usually broken down equipment, and it’s such a mess and the weed situation got so bad for four years I kept going in and talking to him and and pleading with him to cut those weeds. And. I said. You got huge equipment on here. Yeah, that’s all broke down. We’re waiting for parts. So. Finally.

01:49:09,070	After four years he finally went in and he cut it. And. I said something like, Yeah, I had the weed board Guy out there a couple times and this, the weed board Guy told me there’s there’s no noxious weeds in there and that was bull. Anyways. The. One.

01:49:25,100	I talked to dusty, He kind of chuckled and said, Yeah, the Weed board Guy was his buddy. So again. This is all, uh, talk. But. Anyway. My issue is. What is this? Uh Uh, property gonna look like with Mr Anderson, uh, owning it because the place is was such a downtrodden mess and believe me when they start excavating there to build this thing they’re gonna find years

01:49:51,130	and years of construction debris that he’s been dumping out there. I mean it’s inert. I know all that. But years and years of construction debris he’s been dumping out there. Uh, just I mean, I suppose, because it’s uh, it’s his land, and he didn’t have to pay to get Done. The. Other thing is, uh, somebody mentioned fireworks.

01:50:09,970	You need to go out there about the Fourth of July and see this place because it is crazy and it’s legal and so again, someone’s concern was what happens when this thing is built and and and the, uh, fireworks goes on and on.

01:50:28,600	It’s legal The other thing is, you know, uh, Supposedly, they’re going to put a landscape buffer with two gallon trees all the way around here, like one fellow said, You know how long it takes to grow. Breeze out there. Those those that buffer isn’t gonna be in place for 1015, maybe 20 years. So That’s about all I have. Commissioners.

01:50:54,200	Any questions for Don I’m not seeing any done. OK. Thanks for your comments, you bet. The podium is open. Hello, commissioners. My name is, uh, Bill Ortman. I’m in the house. That’s 225 ft from this proposed gas station. And I can see right now. The way they have the driveway coming coming in off 80th.

01:51:45,400	I’m Gonna have a constant barrage of lights flashing through my Bedroom windows. Um, probably a more concern of that. Is the snow and drainage issue. I am one of those that actually had a few years ago and we had high water out there.

01:52:05,170	Me and my son put on life jackets and we were out in a bass boat in my front yard, just goofing off. Because. We had enough water in my yard. To float a boat. All. The water comes from the north down to Brookfield. It backs up onto my lot. And. Then When don Shavitz pasture when the snow recedes the water cuts To the Southwest. Across his lot.

01:52:34,530	Behind that other building through a couple of yards to highway 10 and then down Apple Creek. And last spring when the county opened up some plug culverts. I had a six inch wall of water come through my backyard. And luckily, my sumps caught it. I didn’t It. It ran for three days, but I was able to I didn’t get any water.

01:52:55,870	You know outside my sump. Um, but if they start stacking snow And packing it around. And in the spring when it runs there, considerably. Their 1015 ft higher than I am. It’s coming all right down through my yard. So. I don’t know, according to their map, how much that Detention Pond is supposed to hold. Um There again.

01:53:23,270	The concerns with the the smell of the gas washing off the concrete coming down. Luckily. I’m on the north side, So hopefully as long as we have north Northwest winds But the noise. Uh, when that dusty Anderson has it, equipment going When. He’s running his bobcats, pay loaders and trucks and backing up.

01:53:46,600	It’s extremely loud in my house, and I’ve had trees there. They’re they’re fully grown trees. Now. I’ve got, um Bush and, um Uh, evergreen trees, and it does nothing to stop the sound. So The little trees that they’re gonna do, I. I don’t see that stopping. Any light, um or any sound at all.

01:54:13,600	And luckily my boys. Have grown and moved out, but Starting in the early spring till late fall. You always see families. Um Husband wives, 234 kids out riding bike walking across 80th Street and one of these days Somebody is gonna get hit because there are no sidewalks.

01:54:44,500	It’s a small community, so everybody walks down the middle of the street and says hi to everybody. So. Um I am extremely opposed to this because it is so close to my house. Um The Security is an issue. I’m Been in security industry for 37 years now. And You know it’s gonna force me to put up cameras. Are.

01:55:11,530	They Gonna fence the property to keep people in the community from cutting through my back yard and and dance lot to access this gas station so they don’t have to walk out in traffic. Um You know it’s kind of unfair to us to have to give up part of our back yard for a community path.

01:55:32,000	But, um And then if somebody parks at the the gas station Park there for a few hours. I don’t know how many homes they could walk to. And Being. I’ve been in security industry. I. Lock up everything. I mean That’s just my nature, but I know there’s a lot of homeowners and when they run out the door in the morning Yeah.

01:55:55,800	You could go in and get a glass of water and And leave a note. Hey. I was here and walk out. The houses. They don’t want them. And luckily, cameras have Have Ah, Been updated and everything like that, and it does make it easier to keep track of your property.

01:56:22,470	But, um You know, it’s The Snow and the the theft and all the nefarious things that happened at gas station parking lots is just Not Something. I’m looking forward to so Um If A friend of mine had looked at buying that lot. Number of years ago and had thought about wanting to put a gas station out there.

01:56:43,930	And he was told that the fire marshal would not sign off on it. He couldn’t do it. And when he talked to the fire marshal, they said, Absolutely not because there wasn’t enough support for fire out there. I realize they’ve put hydrants up to the roundabout.

01:57:08,000	Would they continue on with the the hydrants? Um You know what’s their the the plan for that, But fire and explosion would be another big concern of mine because, like I said, My house is literally 220 ft or less from from that pro from that, the back of that building so Um, I guess that’s about all I got. I am strictly opposed to it being it’s Literally in my back yard. So Commissioner’s questions for Bill. Comm.

01:57:30,330	she just just a commenting on the fire suppression and water just to clarify the water means that you see are the hydrogens that you see on Main Avenue west of the Roundabout or the city of Bismarck and and Lincoln’s, um, so anything developed on this site, whether it’s a Gas station or filling station or

01:57:47,400	some other use would be in rural fires. Of territory for jurisdiction, but I’ve never seen fire hydrants out there for rural to use. They have to haul their own water. Correct.

01:58:05,570	Yep, everything world is is hauled in and there’s joint agreements as well if it’s mutual aid agreements with Bismarck fire, as well as other agencies to help in certain situations as well, OK Any other questions for Bill. That senior any. Thank you for your comments? Oh, Good evening. My name is Chris. Paul. I live at 7725 Birch Crest drive. So. Excuse me If I babble my words I didn’t really want to speak tonight.

01:58:53,800	But, he said you wanna hear from everybody, so I might as well Um, So my back yard. We just moved there Almost exactly. A year ago we bought our house. We bought our house because we wanted to raise our daughter. Sorry a little emotional because it’s kind of Well.

01:59:11,370	It’s a dream of mine since I’ve been young to live out of town, raise our kids in a safe, fun, FF family friendly environment and ever since we’ve gotten out there, we’ve met all the neighbors and fallen in love with the area. I guess looking at this gas station. You know we’re obviously worried about the same thing. Everybody else is.

01:59:28,000	We have noise pollution I can hear Don in his backyard. I can hear Corey in his backyard. I can Practically listen to conversations some evenings if I really wanted to, Um, light pollution is a huge thing. I Sit in my hot tub every night and I stare up at the sky, and it’s just absolutely stunning.

01:59:43,270	You can see the northern lights at night. You can do all the stuff you’d be able to do if you were 10 miles out of town, but we have the convenience of being what three miles from the nearest gas station in Bismarck. Um, groundwater contamination.

02:00:02,470	Huge issue I I worked in the oil industry for 13 years, I did groundwater wells, installing for, uh, oil sites did phase one phase two environmental studies? Um, I’m very familiar with these are designed not to leak and you talk about above ground storage tanks. I don’t know how many. Well sites I’ve been to or we’ve put holes in the ground 40 ft deep and we’re still running into crude oil.

02:00:19,000	Um, you know when you have that T like total petroleum hydrocarbons, gasoline Range Organics Diesel range Organics you have your B Tex toluene, ethyl benzene, xylene. All that’s in your gas, and that’s that’s awful for you. I. Have a water Well, that’s 280 yards from this gas station.

02:00:38,900	It’s a little bit further, and I’m sure groundwater flows towards Apple Creek, but you still run the issue of that contaminating my own groundwater. Um you know the corner of my house, like the corner of my lot. It’s only 100 and 80 yards from this proposed gas station. I. I dreamt of just letting my daughter run outside play. Do all that fun stuff.

02:00:56,530	Making him feel comfortable doing that with all this traffic and yeah, at night, everybody talks about all the kids running around through the streets. It’s It’s something special something I’ve always wanted, but am I gonna be feel comfortable at my daughter run across the street or run down the street to Corey’s house, sir. Like.

02:01:13,470	This is just gonna change the way life completely that I dreamt of when I bought this house about a year ago. Is it going to affect my property value most likely. Another thing. The vented VCs, Um, you know most of the volatile organic compounds that come off of gasoline and diesel. A.

02:01:28,530	Lot of them are heavier than air more dense if the wind’s going to blow in a certain direction, Benzene has a tendency to sit in low lying areas You’ve heard from a lot of the people around here that the water sits in most of our yards. Well, benzene will have a tendency to do the same thing. Most of those can be heavier than air.

02:01:46,030	And, So. That’s also a concern. Um, I guess Yeah I’m opposed. I don’t really know what else there is more to say. I didn’t really plan anything so Yeah. Commissioner’s question questions for Chris. I’m not seeing any Chris. Thank you for your comments. Thank you. Without.

02:02:10,700	The podium is open folks for anyone that would care to, uh Address and I see a landing coming back. Again. It’s just I thought I’d just address a few of the comments that came up and and maybe answer any other ones that you have for us. Um uh, first, you know, the the concept of traffic is brought up many, many times.

02:02:29,330	Of course we’re all aware of that. This is Highway 10. We know there’s going to be traffic there. The Traffic is a Saturday whether or not this filling station happened. The traffic is going to keep increasing over the years because highway 10 is a busy street. 80th Street is also a very busy street.

02:02:44,300	These are two artillery roads that are meant to carry traffic. That’s what they are designed for the arterial roads. How he is going to be improving Highway 10 in the next couple of years. We anticipated high traffic. That’s part of that’s part of the operation of being along a major highway like I mentioned before this area is already zoned for commercial property.

02:03:00,330	Most people that live in this area they see there’s a commercial property there. A few of them have noted that they had to do a zoning change to change their from commercial to residential so It’s been known that a commercial property could be here.

02:03:13,070	I count sound they they have a disagreement with the filling station aspect of it, but the commercial property is probably going to happen. Um as far as the the the the drainage and concerns about that about, uh, water in other people’s lawns. The image you’re seeing in front of you. That’s a schematic map that is not a site plan.

02:03:27,570	So this is just our first step tonight. This is just the special use permit. This is not an agreement that the city says Yep. We’ve seen your map. Go out there and build it. We have a lot of process to get through yet we need to approved site plan from the city. But.

02:03:39,670	The market, which includes stormwater and drain approvals. It’s a long process. We have a long ways to go on that this is just the first step. OK? Commissioners questions for Landon at all. Well. We have them up there. How about discussion? Like But I think This point. Thank you. Commission Council. We did meet with rural fire concerning access.

02:04:00,470	Uh, initially they will be part of the conversation going forward that are part of the site plan approval process as well so they will be involved for the rest of this action. Thank you. Thank you Comm. Johnson commissioners. Additional questions for Landon. I’m not seeing anyone. Thank you.

02:04:22,930	Once again the podium of open folks for anyone that would care to address Uh, my name’s Tiffany. I live in Brookfield. Um so my quest or my comment is kind of about the traffic thing, and I know everybody’s addressed traffic. Um, but the difference between traffic continuing to increase on 80th or highway 10 is at this. Traffic is literally stopping in our backyard.

02:04:41,800	Um, any other traffic? I mean, how many times do you drive down a highway and you don’t even realize what you’re actually looking at. But if you stop somewhere, get out of the car. Let your kids, you know, run in and get a pop. Do whatever. Um, this is in our yard that this is happening.

02:04:54,600	So when there’s that Chaos commotion. Um or somebody driving through. That was like, Hey. I wouldn’t normally have looked at what those people have in their yard. But now I’m curious, and I wanna go back? Um, I have teenage girls. Um and we live Where. We’ll be right behind this.

02:05:13,830	So when my girls are outside at our pool or doing whatnot, we would not have planned to put a pool. Knowing that there is now a Gas station is what we’re looking at. In a direct view. Um, right behind. Bill’s house, um to a gas station. I get that is gonna happen anywhere. But.

02:05:33,070	If! Somebody came to one of your guys’ door or yours and said, I’m gonna put A gas station right outside your bedroom window or rate, exactly where you walk out your front door and look to look at a street sign.

02:05:52,670	So, although the city is growing in in UV multiple times on what would somebody else like there? Um, not something that draws people in temporarily to stop in every single way of life. Every tax bracket every whatever. Um, we don’t want them stopping in our yard. So I don’t I don’t care what goes there? Nothing That’s going to affect my family. Um, and have traffic And I’m with With everybody else about the water.

02:06:14,170	Um, last year we were our propane tank was going to lift off Everybody’s house around there was a complete molt. Um So. I just don’t understand what’s gonna happen with the snow. I have a picture in a mall.

02:06:27,700	You know where do they pile up snow in the mall parking lot has been that been discussed on where they’re going to haul snow are they required to haul it out of there? Do they get to keep it there, and I know it’s the beginning planning phase, and there’s a lot of steps to go. But. Once this is approved. Then. The rest of the It is just a domino effect.

02:06:41,830	Um, but None of that will be held will be addressed or locked in or required to be fixed. Comm. field. Did You have a question? You know everybody is concerned about the snow. And. Not that I always think I’m humorous. But if nothing ever got built there the same amount of snow will accumulate. So.

02:07:04,870	It’s different piles, and they’ll take it longer to disperse. So if I leave the snow in my yard, I’ll, I’ll throughout the winter, and it just slowly dissipates and seeps back into the ground or it flows, how it naturally is going to. It’s different than if somebody stacks up.

02:07:22,470	Um We’ve all seen, like the piles in the parking lot of the mall of the grocery store of every other gas station in town. That is not actually where that water would essentially flow. We. Don’t know for sure that it’s not. But. How do I know Or how does Bill not know that that’s not outside his back window and rolling right into his egress? Because.

02:07:37,670	They’ve chose to put it on the back of the building, so it’s it looks better. Um, whereas that’s getting him that’s away from Shat’s drainage. That’s, But if that’s not addressed before you approve this or in the next steps, nobody’s going to care about those things. Well. That’s why It’s important to come to public meetings and make That.

02:07:57,600	Everything that you’re concerned about is addressed. But as is it land and I’m sorry, he said. This is the beginning steps and then from then and then and then and then, Um, do we need to be here weekly to enforce that somebody is monthly. But like It just becomes a headache that there’s we’re looking out for.

02:08:18,470	The Guy Building the gas station and the person who purchased the land you You guys are weighing his opinion or us that this is our home. And. Yes. It benefits the community, the county and everybody that’s traveling, but there’s a gas station three miles away.

02:08:35,630	Well and we have the way that this Guy has rights and he owns the property, you know, and I can also see your point. You know, just like we’ve been arguing recently about rules in the ETA a lot of them. And It isn’t as cut and dried as OK 100.

02:08:53,070	People don’t like this, You know that’d be like me saying, I don’t want to see any more churches built in burly county because the only thing that goes there is sinners. So I mean it depends on how you wanna look at any situation. But, the Guy that’s building.

02:09:12,670	This still has Rights too, right? I understand that, um But, don’t we? As a homeowner? Yes, so he he only has so much rights when he purchased that otherwise he wouldn’t be required to come and ask you for a permit to do the rest of it. So he when he purchased that land, he was guaranteed to be able to do XY and Z. Uh, well, this is letter A.

02:09:25,270	It’s not within XYZ, or he wouldn’t have to come and ask you guys can I do this for something like this? They would always have to come. To get a so he’s not guaranteed or required to be able to do that. Um, that’s the part. Where where we’re here. Where I understand? He purchased the land.

02:09:43,330	I understand he’s done all of that. Um, but he is having to ask for a special permit. There’s petroleum, There’s Everything else that everybody else has talked about tonight, which falls outside of the You’re guaranteed with your your land.

02:10:00,870	You have these rights with your land so We just made a Guy Get a A special use permit for 500 Square Foot greenhouse. Seriously, right. And and I’m glad that we have this option to come up here, like thank you for the United states and being able to do that, Um But. It’s not always the gray area. Well. The law doesn’t specify that You can’t do this, which means you can So.

02:10:21,730	You know where our rights in writing on It’s not. It’s not specifically written. He cannot do this, and we’ve checked the boxes and we’ve done it. We’ve skirted around the things that are right. Um All of this is just opinions in your back yard. So.

02:10:42,600	That’s All I just wanted to add a comment about the traffic stop on traffic will always be there, but it’s not specifically stopping in my yard. The. Current Traffic isn’t anyways, Tiffany. Did you get a chance to put your name on the log there? Thank you. And thank you for your comments. With that folks, the podium is open. For, others that would care to step up and address. Uh, Kelly’s coming back. I. Guess.

02:11:18,370	I just want you. You made a comment earlier. You said that He bought the property. He should be able to do what he wants with that property. Then you just right? But then you just made the comment that somebody just had to get a permit from you to put a 500 square foot greenhouse on there.

02:11:31,630	That’s what we’re hoping. Like I said. We if we want to build a shop, we have to get permission from the neighbors to go outside with the covenants are This Guy doesn’t have to do any of that. I don’t know if that’s really fair.

02:11:47,230	If we want to do something bigger, bigger or different than what goes on in our normal neighborhood or what our covenants are. What. The City con is we have to go and get permission from everybody in the area. This Guy came in knowing these are housing developments.

02:12:03,830	He’s seen what was all around there, and he’s deciding to put A gas station there that has never been done in that area. And if he didn’t do his DDDD due diligence, That’s not our fault. If he can’t build a gas station there. But for him to come over and change Everybody else’s because he wants to do because he went and bought that property That’s not fair.

02:12:20,500	And you know, it wouldn’t be if it was in your neighborhood either. And. That’s all We’re trying to say I don’t live very far from there. It’s not in your neighborhood. A A, you’re down in Apple Creek Road that’s almost a mile away. Yeah. I’m between 66 and 80th on Apple Creek, so No, not far, though.

02:12:41,600	Well, but it’s not in your back yard. There’s I don’t live in a development. I’m. I’m fine with Midwest Motor Express where they’re at and and UPS and and that stuff. I’m fine with the livestock. I didn’t I I didn’t like the livestock place being built up on air.

02:12:57,200	The county shop doesn’t make a whole lot of sense where it says without off ramps, you end up putting off ramps on there because it didn’t happen on 66, which was supposedly with the plan, and now you did a roundabout. Um, all that traffic is gonna end up where I can see. Already.

02:13:10,970	80th Street can end up with off ramps, and it’s gonna make that And that’s probably their whole thought process of putting that gas station there and then it’s going to try and become a A truck stop and it’s going to make it four times worse than everything else that’s going on right now. All the traffic going to the distribution center.

02:13:24,400	It would make sense that somewhere on that road there will end up At least a small truck stop. I mean That’s where all those semis are heading us to Menards distribution Center Interstate’s a better place than Old Highway 10 how old highway 10 is not designed for that kind of truck traffic anymore.

02:13:40,970	I agree, but when they’re in Bismarck, they all run down town. They, don’t get on the freeway and I get back off unless they reduce the load requirement, which is probably what should happen, which would make more sense last year because the interstate the interstate and all the lighting and all the traffic and the four lanes make a whole lot more sense to push all that

02:13:59,000	traffic from strata. Knife River Northern improvement back to the interstate instead of coming off that steel or or or or or McKenzie, or, uh, mono and coming on old highway 10 because it saves them a couple of miles and a few stoplights that’s beaten up our roads, There’s rock all over old highway 10, and it’s not so

02:14:15,670	much that it’s coming off the trucks. When when you’re going by, but it gets picked back up by the trucks and thrown in our windshields. The traffic out there. It shouldn’t be for that traffic anymore. That truck traffic should be Routed on the interstate, like it was supposed to be.

02:14:33,270	I understand it was the interstate at one time old highway 10. I’ve been I was in the gravel business for 20 years. But. It should be back on the interstate that would do a lot less wear and tear. And and you coming from the county side.

02:14:47,230	You know the time wear or tear that old Highway ten’s taking. Yeah. We, Um, just had a big conversation about that on Monday, actually, um, because we had a question of do we allow a contractor to haul heavy Know that the load restrictions are gone off.

02:15:09,630	Um And by heavy we mean in excess of £ 80,000 because it’s now with more axles and more truck you can haul what 100 and 5000 or something like that. And our decision was yeah, to allow them to haul. For a couple of reasons first we can We know that that section of road is built better than other sections and and right now, our plans are to go from 66th Street. Out to Well.

02:15:32,470	I Wanna say at least what? Casey 68 Miles. East. 13 Miles East 13 Miles east, So. We’re rebuilding it now. Um, that’s already contracted and it’s already in the works. So. Uh we’re gonna be monitoring that section of road for any damages that will be caused by any additional hauling between now and then. So.

02:15:58,070	Um, if there is damage to the road caused by some additional heavy trucks. Uh which by the way, that’s why we did the speed limits and the load limits on highway 10 is because those guys that were hauling Uh, from those pits out around the oak and whatnot really were abusing and and kind of beating the dickens out

02:16:15,200	of that road. And. We. We know that but since we were rebuilding it anyway, it’s just we’re gonna dig that out, and we’re gonna repair those areas and overlay and and fix that. And. So. The goal There is actually to have A, uh I. Guess.

02:16:36,570	What, you’d call a a significantly improved Surface and and condition of the rope. Are we widening it? Uh, don’t know the specifications. I mean trucks are getting bigger and wider and no, they’re not. They’re not, um Urban driving trucks and whatnot for a long time.

02:16:54,870	They’re not any bigger now than me that I’ve owned, but, um, Casey could answer the question whether we’re widening it. Um, but the goal is to Improve the road so it can handle the truck. So. It’s not that we’re It is a public road and we expect that it will be used by trucks. And. I see. They did a lot of repairs on 80th that’s getting pretty pounded out right now, too.

02:17:12,000	We’re aware of that as well. Yeah, I seen you just did some repairs on it. Yeah, we’re we’re aware of that. We’re that’s a big concern to us, but that’s happening.

02:17:29,930	Now that that has nothing to do with somebody making a request to It kind of does because it’s gonna living on that road a long time. I. I pay attention to the traffic is going to affect it again down the road. It always does. I mean that that doesn’t change anything. Roads are roads. The public uses it, you know.

02:17:47,000	And so I mean we just We don’t have a choice on that We can’t say That you’re the only Guy that can drive on that road because 16 other trucks are gonna do more damage than yours. I understand that, But you can route you can route the the the heavier stuff on different areas instead of, well, we running it through. We do when we need to. But. We design.

02:18:03,830	I understand the permitting process that came out of the sand and gravel industry for 20 years. I understand we design to handle legal oaths. Cause. That’s what public roads are for, so it’s not. It’s not isolated to this one. We have those concerns everywhere. So additional traffic, um from the county’s perspective.

02:18:24,900	That that We can’t make decisions based on Uh uh, certain number of trucks or something, because I, I’m not really seeing it. Be honest with you. All, you guys that moved in out there in my neighborhood? That was my concerns and my parents’ concerns before you came along as well. And. Here we are. We’re all living out there now where? I But.

02:18:46,930	I’m guessing you’d rather have us in your backyard than gas station. Well, I don’t want you in my back yard. Um, that’s part of the reason why I recused myself from this because I was buying.

02:19:05,530	I was buying some property from, uh The Guy who actually did all those subdivisions on the South side highway 10 between highway 10 and my place? I bought some lots from him to keep development further away from me. I didn’t oppose the development and it’s not a gas station. But. If. You’re asking for my opinion. For me where I live because I’m just down on Apple Creek Road.

02:19:22,670	My property is from Apple Creek Road up to that next paved road on east side. It benefits me, and that’s a part of why I’m recusing myself too, Because. You’re saying you you might want to go to three miles to a gas station. Well. I have to go four. And if I only had to go 1/10 of a mile.

02:19:42,400	That’s in my benefit, too. So. Our our We have some of the same issues except that I can’t sit here as a county Comm. and say that adding traffic. Is something we have to put up a gate for because we can’t We would never have.

02:20:02,570	You wouldn’t live there if if my parents had had a had had their way. You. You, you wouldn’t be living there because we wouldn’t have allowed it. We were there first. And so, Casey, can you give us any more information on the on the roads there? Uh, county Row 10. We’re looking at starting that project.

02:20:24,030	Uh, ear early August, probably take about three weeks to mill and overlay going through there. We’re not widening, widening at this time Shoulders are about 8 ft on each side And then as you get further east to go to 6 Ft, uh, going through there also. It was federal funds.

02:20:40,000	We had only so much money and it was we needed to get as much mileage as we possibly could. So, the more you widen it, the shorter mileage you can do so you’re we’re always trying to balance it. And if you start turning dirt, your federal rules, Uh, let’s say go insane versus if you’re just doing a mill and overlay, it’s it’s far easier to get through.

02:20:57,070	So that’s all part of what we weigh in trying to look at projects and get the most out of the mileage that we can, with the dollars that are available. Excuse. Thank you, Mr Schafer. Thanks for your comments Comm. Bitner. Thank you. Um, with that The podium is open. Last call anybody that would care to step up and speak.

02:21:17,100	Good evening. Comm.. Uh, my name is Tyson A and I’m Sure You know that, um I’m about to be the most hated person in the room. I I’m kind of with Mister field, this property was zoned commercial. Someone has it as private ownership and they want to do something commercial with the property.

02:22:07,530	Um, I live in a rural residential area, guys, So, I’m. I’m with you with what we are, um, when I purchased my house Across the road. We had a big sunflower field. Um, now the city of Bismarck is taking that over and it’s rural development and my whole rural thing is not as real as it used to be.

02:22:33,100	Unfortunately that’s part of development. Um, I have a family that lives out on apple or out on, uh, Apple Valley, and when we go out there, it’d be nice to have a gas station that’s three miles closer than the one in town.

02:22:53,400	Um And like you said, you know, 8/10 of a mile is a lot better than four. And when you’re out at McDowell Dam, you know if you want to go get the kids a pop. It’d be nice to have a place there where we can go. That’s closer. Um I also understand not wanting to have a gas station in your backyard I.

02:23:08,770	I can sympathize with that, Um I also think it’s it’s bigger than Out. You know there are a lot of trucks on that road. There are vehicles traveling that road. It is a main road from sterling all the way to Bismarck.

02:23:28,730	Um, it would be nice to have something out there, you know, and as a private citizen of of our county. I’m I’m saying that I think it’s OK. Um I have heard things you know, I, I’m I’m not gonna pretend to know anything about fuel storage, but I would imagine that fuel storage is relatively safe. Um, especially when it’s new.

02:23:46,730	Um and I can tell you From doing snow removal that snow that is piled takes much longer to dissipate than snow. That’s just out in the field. So, If anything you know the water is actually gonna help the residents not hinder them. Um, A and the traffic Well, right? Um, the the traffic is the traffic. I.

02:24:11,870	Don’t think that anybody who’s not going to be going by there is going to drive out there specifically to go to this gas station if there’s one in town, so you’re not going to have a whole bunch of in town residents driving out here just to drive out here and go to that gas station, But I think that the people that live around there I mean the people

02:24:28,070	in the room may say, you know, we don’t want this, but I guarantee they’re all gonna stop. At least once it’s gonna happen, you’re gonna need something and and it’s gonna be there and it’s gonna be convenient and they might find that they like it more than they more than they’re saying right now.

02:24:43,930	Um, A and another main thing that I I’ve I’ve heard from this room. Is that the person who owns this lot and and I’ve seen it. You know there There is a bunch of stuff sitting in there and whatever, um and and a bunch of the people in the room have said that they’ve tried to talk to

02:24:57,800	the owner about it, and he just kind of blows them off. I feel that there’s a lot of animosity toward the owner and part of this might just be a stick it to him, and because of who I am.

02:25:15,470	I gotta stand up and say, I don’t really think that that’s an OK reason to say We shouldn’t do this. Um again. I apologize, guys. I. I I 100% have to have to say that I. I don’t see a problem with it. That’s all I’ve got any questions for me answering his questions. I. I didn’t catch your name right away. Tyson. Austin Tyson? Yes, sir. Jason. Thank you for your comments.

02:25:47,530	Uh, don, sure But again. Tyson seems like a reasonable man. This. Uh, Dusty Anderson is not Because again. You’ve heard that we’ve We’ve all come to him. Basically, you know with the issues if he was a good neighbor, he would have done something about it. He’s not a good neighbor. Thank you. OK.

02:26:11,500	Thank you, uh, with that? Any others. We want to show you some flooding pictures? Regardless of, uh Piles of snow. Or snow dispersed all over the place. It still runs from Bill’s house. Straight down to the straight to the north down the hill through his yard, and it’s gonna cut around and go through Don chart’s land.

02:26:40,500	So whatever is in the ground, Whatever spilt is still gonna travel through someone’s property, and I got pictures here of what the flooding looks like down there. And. It’s not just something simple. Where, uh, We could just go out and clean. The culverts out. We have to use backhoes. And. There’s been times where burly county has come by.

02:27:02,870	With shovels and they couldn’t do a damn thing. But. I think they have to do That Well. He’s doing those pictures. I also wanna touch on what that one gentleman said, where it is more convenient for people that live already out there to maybe go to that gas station instead of the three miles to town.

02:27:30,670	Well. It’s also more convenient for those people. Those seven registered high risk sex offenders to come to our backyard, too, with our Children and peek around. Closer for them to come to that gas station than it is to go to town. So right here.

02:27:49,730	This was was this was this was last year 2023 so that that is burly County there. They came out with shovels. To open up the culverts and stuff the water was pouring over the roadways at points too. And I’m sorry. Did you have something to add. This is directly right across The road from where we live. It’s all running. For tips House Towards Don’s house.

02:28:28,830	And, uh, And all runs through Don chart’s land, and it goes around Darren’s house and out, and it makes its way out the old highway 10 and it runs West and it ties into the same drainage system that, uh Is by 66 Street and Head South or head South. And isn’t that And. I mean? I don’t know.

02:28:52,130	Maybe that somebody would do a water study as well. Maybe Hydra, whatever. It’s referred to as but wasn’t there a proposal at one point for a possible gas station in the area of that roundabout or somebody had talked about it or something, but they couldn’t do it because of like the aquifers and how

02:29:11,000	the waters run and they run directly to the Missouri River, So. That’s a federal issue, So. How is our water runoff from our properties and that gas station tying into that water source.

02:29:32,270	I mean I would be curious if the federal government Have some waters that tie in the old highway turn and run to the West that go around our development and whatever runs through we get this right here. And in this runs through Don’s land. And, Darren’s house and their house and makes its way over there. So everything everything that Melts up at. Uh, this proposed gas station is gonna is gonna end that it’s gonna run right down in front of these cars.

02:29:56,900	This is This is that house that’s 206 ft. Away. It comes through his yard. And cuts around through dons there. I just wanted to get these on record this. This is what we deal with. Every year and we’re fine with this, but we don’t want gas and oil in with the water. Back in our yards.

02:30:24,070	And and Robert. Are. You Gonna benefit from this gas station. OK, maybe we should build it down on Apple Creek Road there. You should recuse yourself because I live within miles. Yeah. I don’t think that’s appropriate. I don’t benefit.

02:30:48,130	From this gas station one vent, but if you were up here asking for something I would Try to look at it from both directions because You would have the right to use your piece of property. So I don’t just I always plugged in, and dusty Ken. Yeah. All. Right, folks. Um, thank you for your comments. Ensure Thank you Church Schwartz Just a quick note on the stormwater aspect of it.

02:31:19,800	A lot of concern about drainage is off of this property. We can’t just come in right now and just probability down and possibly concrete down and say, let it flow as it is, It’s going to storm water management plans that we have to meet Cities requirements. The amount of stormwater drainage coming off of this lot.

02:31:35,100	Today we have to meet that a month later on. That’s The purpose of these Pools detention ponds. Those kind of things that can hold back that water and tell us time to disperse it at the same rate that it would be today. Thank you.

02:31:54,130	Is it true for me to add something here? I mean you know just some things that you don’t really know. Um I don’t know that Anderson fellow At all and and I’m not trying to have anything to do with him, but I do know Rob Sadler.

02:32:19,870	Who is On this application as the applicant He’s The guy that developed all of these homes on the south side of Apple Creek Road from, uh, just side of 66th over their past 80th. There’s Apple Meadows, Apple Mentos one, Apple Meadows two and the one Right north of Me is Apple Meadows three.

02:32:41,830	Um When he I’m saying this for a reason when he came to me and asked me what I thought about him putting a subdivision right adjacent to my property. I said. What are you gonna do with the runoff? They said. Well, we’re going to put this thing here in this pond. And I said. No. I don’t I don’t like that. Because that sand in the ground and whatnot.

02:33:00,930	You him and his son brought it brought tobacco out and actually dug up the dirt and verified that there was a sand layer. That if they did that they could have a negative impact on my land. You know what they did? They took in a moved that thing to a different area and did extensive efforts to prevent a problem with that.

02:33:20,200	So as a developer The man has shown me over the years that he actually He doesn’t just talk about that. He came to me and we met and they dug up the dirt, and they actually changed their plans. And. I don’t know if Landon was in on that or not, but From a developer standpoint.

02:33:38,900	All of those homes and because I lived there before any of that was developed. I didn’t want to see any of that. Folks that are here talking about not wanting something in their backyard. My folks lived up on North 80th and I’m down on South 80th Street and everything in between us was farm fields, folks. I didn’t want no offense.

02:34:01,830	I’m happy that your neighbors, but I didn’t want you there if I’d had my way or if my family would have had their way at one of these meetings, you wouldn’t be there either. And. I’m sorry about that. And.

02:34:18,330	I don’t mean to change anybody’s opinion, but I wanted to make sure that it recognized that Mr Sadler has shown me over the years. That when somebody talks about drainage or water problems or something. They took action, you know? That’s been my experience, So thanks off, okay? I’m sorry when he would go out of his way was that while you were in Comm.

02:34:46,700	, or is that prior to all, it’s a good question, Um, but what I did at that point is the same thing I’m doing Now. I recused myself from the vote, so I didn’t have anything to do with the approval or the viol of those, But yes, it was during while I was a Comm.. Um Okay.

02:35:06,000	Is there anything else that we have not heard anything new, Any new information? The only Excuse me. The only thing I want to say and understand your point. It’s his property. He should be able to do what he wants. When I was there. I understood? I bought that lot, not even knowing it was his own commercial.

02:35:23,100	I wouldn’t have to get a building from it. And, the building inspectors like cheese. You can’t have a building from it Commercial, and fortunately, it worked out for me. It’s his property. He should be able to do with it. And not lose money. Obviously.

02:35:40,300	I’m pretty sure he bought that for way less than what he could afford to do it now. You have The south side of 10 that was never notified of this. I’ve got some friends down there. They’re like, let me know what happened because I don’t agree with it. I didn’t know about it. We don’t have the opportunity to work 100 hours a week.

02:35:57,630	I don’t have the opportunity to give up tonight, let alone any more time to fight this. They have a gentleman that gets paid hundreds of thousands of dollars a year to fight this and come up with all the evidence that all the smoking mirrors and all the stuff that makes you guys go. They’ve got a point. Legally. He has the right to do whatever he wants.

02:36:14,800	Let’s compromise. Give us A fair market value let us but let the residents by it and do something with it. Compromise. Throw us a number out there put the money where their mouth is. Throw some money at it. I don’t want him in my backyard. Is it worth some money? It is to me.

02:36:31,630	Is it worth some money to everybody else we’d find out. Give us someone number. A fair number, not this stupid number because they got the money. We don’t they got the time? We don’t It sucks, and I’m gonna lose out. All right. Thank you.

02:36:52,130	With that I think we’re gonna We’re gonna call the public meeting to a close. I think that everybody’s commented that wanted to With that commissioners. Mr chairman. Yes. I have two points to make One of my journey.

02:37:15,170	I apologize if I wasn’t clear earlier if there’s a mistake in the staff report, I want to make clear to the residents that the paving requirement that was a county requirement would only be in front of this property so lots 10 and 11 from the western portion of like 10 to 80th Street Bellaire drive would have to be paved in conjunction with site development. Um, west of lot 10 Further West that would not need to be paid that would remain as gravel.

02:37:34,000	Okay on the second point that I want to make is more of a procedures thing, and this is entirely my fault. We just realized that when I cut and pasted the findings that we use in our template for our staff report, I missed a couple so to keep on the up and up for our procedures and our process.

02:37:49,330	I do need to read them out loud to you today they are going to be read to you as they would have been in the staff report, which are in the pocket. A staff is making a recommendation to approve.

02:38:02,070	Certainly the sport can do something other than what staff is recommending, but I do need to read those before motion. It’s made if you’ll allow me Please proceed. Thank you the general intent and purpose of the zoning ordinance would be it hurt, adhere to with the proposed special use permit that’s coming from section 1403 81 C? Yes, the proposed zoning.

02:38:20,230	The proposed special use permit would support the proposed Zoning ordinances stated in the city code of Ordinances in North Dakota century called together 2045. This marks comprehensive pelon is adhere to with the proposed special use Permit permit section 1403. 81 C. Yes.

02:38:41,170	The proposed special use permit adheres to the overall goals and objectives of our comprehensive plan, and I did state these, but they weren’t listed specifically as a finding effect in your staff report. Proper administrative approval or procedures related to the requests are being followed that section 1403 81 Yes, all administrative procedures of the city code of ordinance has been followed.

02:38:59,900	To date, the applicant has submitted a complete application for a special use permit in their required staff review. Of all the materials of all materials has occurred prior to submittal of the report to the Planning and Zoning Commission and a public hearing has been scheduled by the Planning and Zoning Commission for this request requirements for notice of this hearing have been met as documented in the report above.

02:39:18,470	The public health safety and general Welfare will not adversely be impacted by the proposed special use that his goal is 10 a.m. Our comprehensive plan Yes as a community communal, a tive result of all the findings contained in the staff report.

02:39:35,900	City of Bismarck staff find that the proposed special use permit would not adversely impact the public health safety in general welfare. And again. I apologize for not grabbing that when I cut and pasted earlier last week. Thank you. Thank you for the clarification. Jenny. So I just want to clarify. So. You’re saying that what what was said earlier, the pavement will stop on. Where the commercials Line stops. Yes, sir.

02:39:59,530	That would be the requirement of the That’s where that’s where I have the issue. I got all this traffic going up and down, tearing up my gravel the way it is, and then again, it’s gonna cost more money. So that change Makes it worse. Alright Commissioners public hearing has been closed. So.

02:40:20,030	This is a request for a special use permit for a filling station. And, um Staff recommendation is to approve what are your wishes? Best ask a question. Certainly Comm. Johnson! Damn What. What’s the point of a special use permit in this case with C a Who else. Certain things by right, especially use permit.

02:40:43,600	Is it to gain public input and see what the public Feels about this project, or is it more? City needs to dig into it more, Um Functionally and see if there’s any issues. What? What’s the general spirit of this special use permit. I’ll take a first attempted entering it. So, Um actually, as Comm.

02:41:07,270	shell ask this question earlier, I did look this up and our ordinance in 1982 had the same requirement we have now, so it was a specialist from it, then for filling station and that was the date that this was entered into the city to, um it does predate that in Burleigh County, but So.

02:41:23,870	It’s been in there for quite a while, Um so to speculate as to why there are a number of criteria in the ordinance for filling stations, a lot of them deal with fairly technical things like a decent territorial or not, or um, or certain parking requirements that are built into the specialist criteria, So all all those criteria were listening to staff report. We do believe all of those are met, Um So I.

02:41:43,670	I believe it was probably in there is just an extra level of review to ensure that those requirements would be met. Okay. Thank you. Thank you, Mr. Johnson? Mr. Chairman. I just want to note too, that it would recommendation would be to approve with conditions the conditions that are outlined in your staff report. That’s right.

02:42:09,230	Alright with that in mind Commissioners. What are your wishes? I’ll make a motion to approve with conditions so we can have some further discussion with the board members on this okay. Comm. wagon is made a motion to approve with conditions. Do. I hear a second My second. Okay.

02:42:51,100	We have a second on that with that commissioners. I will open the floor to discussion. It just reminds me of a situation that happened in My neighborhood. I’m a rural resident north of Bismarck in the river bottoms many years ago. And I truly understand all your concerns. Um Your concerns are extremely similar.

02:43:15,670	To what Myself and all my neighbors had when we when they built the misty waters gas station and that was proposed up in our neighborhood. Um The consensus amongst the people in the close proximity, um, was very concerned and and they didn’t want that in our neighborhood because there was overall setting.

02:43:37,870	Um, there was a lot of opposition and they didn’t want to see that there. Um, I wasn’t in favor of it. When I went in I was born and raised in the river bottoms. My parents had the first house in the Ponderosa, which is the first subdivision north of Bismarck in the river bottoms. That’s where I was born and raised. So I was opposed to that.

02:43:57,600	I wasn’t a fan of it. Um I still live up there today. But. I’m a fan of the gas station now up there that has become a community hub. For us, It’s become a gathering spot for our small community of the subdivisions up in that area. And over the time. My opinion has changed. Um, originally, I didn’t want it.

02:44:20,070	Now I’m like most of my other neighbors, and one of the questions that comes around when the weather starts warming warming up, That’s a seasonal gas station is when’s misty water is gonna open wins the C store starting again. When, are they going to open up? They hold community events there.

02:44:37,230	They have food trucks on weekends. They have food truck some nights, private kids, um, they set up to sell lemonade. There, they do their lemonade stands, Um So. Maybe we’ve just been blessed with a good ownership of a gas station and good management that have become part of our community and and embraced the community of the people up there.

02:45:00,000	I don’t know anything about the ownership or the ultimate plans, but I know from my past experience in a in a very similar situation. My initial reaction with was grossly wrong. Um, but it’s different ownership, different locations so there could be a lot of differences. But I truly feel for your worries. Um, your questions about fireworks.

02:45:22,600	The river bottoms is full of fireworks. We had the same concerns. Um It hasn’t been an issue. The question with rural fire. I’m actually the vice president for the board of directors for the Bismarck Real Fire Department for the rural Fire district. Better not role for many years. Um That location. You’re very blessed.

02:45:45,930	You have very quick response because the full time firefighters are 1.25 miles away from From me there. Um, they have been able to provide all the services we need. Of Um, if you’re looking at mileage about 14 to 15 miles away that that are needed up there.

02:46:06,900	I have no concerns about how the rules Fire department would be able to service. Um of business and in that geographic location. Thank you. Commissioner wagon. Commissioner’s initial comments. Comm. Civic. You look like you’re ready to say something. Well, I’m good, okay? Mr Johnson. I’m really torn on this one because it’s we had something similar.

02:46:34,270	Come through a few months ago, it was the storage units up on the north side of town. They could do it. It aligned with the zoning ordinance. Um, but there’s significant pushback from the community in the sport said No. We’re not, We’re going to deny that they appealed it, and I think the city commission upheld that as well.

02:46:52,030	I actually voted to approve it at that time, but You know I’m just really torn because it’s that they can do this. Even the original Document the Covenant say. Not just commercial but major commercial for those lost so there was Some intention about higher, higher use happening there. Um, but I can also understand.

02:47:15,800	I would not want this in my backyard and I would be doing exactly what This group is doing. They’re trying to Stop it So I’m really, really torn on this one. Thank you Commissioner Johnson Commissioners Additional comments. Comm. Shell. Maybe two things.

02:47:44,530	11 being just a clarification on the motion with the staff recommendation for the Bel Air drive in particular in the staff reporting in the resolution says all of Ballard’s Bel air drive without a limit to it. Can. You confirm if the recommendation was all of it, or just that portion in front of the lots, 10 and 11 My motion would have been for the conditions that were laid out is described by Jenny, which included for the portion of Bel

02:48:04,330	Air drive for pavement where it stops at the West edge of the commercial property. Commercial lot 10 commercial locked up. Thank you. Thank you for the clarification, and then I got something probably echoing what Comm. Johnson is saying is that That the rules are laid out.

02:48:23,670	And if the special one of people by right that you can do this, So. This is why we have this discussion to have a special use permit have have this Um, be blade out before us.

02:48:39,670	Um But without the guidance to say, I What, is it that we’re looking at the challenges that what? What? What are we seeking to find new information if it was zoned in this manner, and if they meet these criterias That. It should be approved unless there’s something new that comes of this conversation that we hear from the public.

02:48:57,830	That’s just inherent challenge with this process is Valuing what? All those things are against what? The rights of that property owner versus what’s in the ordinance and trying to find assemblage of all that together, So. It’s Not an easy decision, I guess. Thank you, Commissioner Shell. Commissioners. Additional comments. I. Guess if if I’m going to add anything to this conversation, and I, I will add just a little bit is that I tend to be followed Those Comm.

02:49:26,470	, Shell and Johnson. I am torn on this one. And I. Think back to decisions that we’ve made along the way I think back to the old 10 restaurant that was up on North Washington and, uh, they wanted to put it in.

02:49:49,470	They had a spot and the neighborhood came out solidly against it, And now it’s all of about I don’t know what is it for blocks north, something like that. And frequently quite a bit and and I think as far as I know there.

02:50:08,400	There has not been a problem, but I am very sensitive to quality of life and I am very sensitive to the the folks that come in and speak to these particular issues because I am a firm believer that it takes a lot to step up to the podium.

02:50:28,700	And Express your views how you feel and where you want to go, and that that you’re concerned because I truly believe that nobody is more passionate than when something is impacting their property. So I thank you this evening for stepping up. To share your views with us. Let us know how you feel, And. I guess we’ll we’ll decide here How. We’re going to move forward. Comm. as any other comments. Okay? Okay. We have a motion on the table to to approve with With the conditions.

02:50:55,800	The indicated conditions. Uh, And. We have Comm. Bitner is going to refuse himself from this boat vote so If. There is no more discussion. I’m going to ask them to call roll. Excuse me, Comm. field.

02:51:20,730	Is there any other stipulations that anybody wants to add before they approve this? I mean, we’ve listened to a lot tonight. Is there anything that we want to incorporate to try to make sure that You know, the Neighborhood gas station fantasy ends up that not a nightmare. Because this is the end if we approve it I think personally.

02:51:49,630	Traffic is what one of my biggest concerns and there’s a requirement for a traffic study in there just worries me how close it is to that intersection. There were two access points, but that should flush it out. Other than that. I think the city working with the African They’ve got Battle hires have standards that you recently put on something like this to be adjacent. But Jason to, uh presidential.

02:52:14,670	There’s additional But for yards Some weight limits on lighting things like that. I, don’t I don’t personally have An idea of what else I would recommend putting on this. Thank you, Mr Johnson. Mr Schell was I was just gonna add through that administrative site plan we bring in not only city staff but also county Highway Department and rural fire.

02:52:34,400	That would be the subject matter. Experts in the Um Managers of these systems. Whether it’s the road system or others. Um, so through that process, we make sure that carry this message of this is moves forward of what we’ve heard here tonight through those processes as well. Thank you. Commissioner wagon.

02:52:55,200	I just have a question with the traffic impact study. Correct me if I’m wrong, but The results of that if it was so detrimentally, there’s a possibility to trafficked impact study and and the changes that would need to be made for this to be successful can make this project cost prohibitive. Because of the alterations for the safety of the traffic correct.

02:53:14,570	That would be my understanding. Other comments. Okay with that, Ben, would you please call? Roll? Sure. Comm. field. Yes. Johnson? Yes. Lukens. Yes. Chill. No. Schmitz. The mayor did indicate his battery was running off. Mary, you still there? I’m still here, okay? And I’ve been torn as everybody on this one. I’m gonna vote Yes.

02:53:54,070	Okay, Dvorak. Yes. Wang in Yes, sent no And chair Schwartz. No. The motion is approved. Will move on to item number nine in our regular agenda. And.

02:54:23,870	It is solid heights Subdivision, fifth replant lots one and two block one, and it is a special use permit for a drive through and I believe Lauren is going to provide us with staff briefing on this this evening. Good evening Chair Schwartz and Commissioners Gossip Enterprises LLC is requesting approval of a special use permit until our drive through for a coffee shop on lots one and two block one Sonnet Heights subdivision 53 plot.

02:54:50,100	This request is located in north Bismarck, west of State Street. U s Highway 83 and north of 43rd Avenue on the west side of Ottawa Street. This type of special use would be permitted in this locations, existing CG commercial zoning district. The property has been identified as community mixed use in the future land use plan.

02:55:14,230	The CMU areas are places of commerce, employment and residences for Bismarck community. Jason uses include residential and office uses to the north residential uses to the West office and retail uses to the south and retail and bank uses to the east.

02:55:37,530	The public has been notified of this request Notice was published in the Bismarck Tribune on May, 10th and 17th and 33 Letters were mailed to the to property owners of nearby properties on May 10th. No. Public comments were received by staff prior to this hearing.

02:56:00,100	This request was evaluated according to standards contained within the Comprehensive Plan Bismarck code of ordinances and relevant state law based on the site plan submitted with the application all drive through requirements in the Bismarck Code of ordinances would be met. This includes LOT area and with the requirements set back in height limit requirements. Access and egress requirements and all relevant parking requirements, including adequate stacking spaces. As, a result of findings contained in the staff reports.

02:56:24,000	City of Bismarck staff found that the proposed subdivision The proposed especially use permit would not adversely impact the health safety in general welfare. Therefore, staff recommends approval of the special use permit to allow a drive through for a coffee shop. For lots one and two. Block one son it Heights Subdivision Fifth Reep lot. Do. You have any questions for me at this time? Questions for Lauren. Comm. Shell Lauren.

02:56:46,000	The exhibit that’s on the screen now shows the stacking distance that would block some of the parking stalls. Can you maybe just speak to what those parking stalls are used for that employees is that some of the required parking that you might find a customer going to one of these seven units utilizing and then finding some stacked

02:57:01,330	vehicles in their way. Can you speak to that, please? Of course, uh, Comm. shell chair commissioners, so the parking spaces on the West side so where you can kind of see those blocks behind their those would be used primarily for, uh Your your workers within those areas.

02:57:26,400	Not So much for the general public, the general public parking areas are to the east, uh, and the north primarily for this shopping retail center. Thank you Thank you, Commissioner shell commissioners additional questions. I’m not Oh, commissioners and Is this a big a lot right now, And this will be a new building. There’s nothing there right now.

02:57:55,230	The building is they’re they’re actually looking to fill different spaces. I believe there’s one unit left. But don’t quote me. I believe that applicant or would be able to speak better to that if they’re here. Um, but they are currently looking to fill this. This is just to allow that additional special use to Unit one that you can kind of see what those parking areas there.

02:58:18,800	Okay. Thank you thank you. Commissioners. Aunt Comm. is any additional questions for Lawrence? I’m not saying you’re hearing anywhere and thank you. Thank you with that I will open up the public hearing is either there in the requester or representative here. I’m the request for my name is Dale Gossett.

02:58:40,200	And basically just three, you know, received the letter of intent from a coffee shop that once occupied spaces of Unit one and answer the questions specifically the parking on the West Side is 100% employee parking customers would never use that because it would be a long distance to walk. Although around to the front of the store fronts.

02:59:04,300	So, um, just wanted to clarify that and this building has been, uh in business hours for 2.5 years, so it’s kind of just like Kitty corner right across from ST Plant Perfect. To the to the west of plant Perfect. There’s currently a chiropractor there and then in units. How that’s Seven.

02:59:28,830	It’s a salon and a barber shop in the back of that and then in unit Two. That is a currently a credit bureau. So there was a good mix of tenants in terms of The Credit Bureau has no customers. And so I mean as far as the you know, parking. I’m very concerned about the mix of tennis so that there is good, adequate parking for that.

02:59:52,300	In this case we’ve got stacking, really, for 14 people 14 cars. Before. It gets into the street of Bremner. So, um Basically. I think we’ve met all the requirements and I think the only really question that was brought up by Comm. shall possibly What? That parking in the back is is four. Comm. resent. How many employees.

03:00:19,470	Are you looking at him? You know I’m. I’m I’m not 100% sure of how many they would that they would have at one time, but it could be like four. You know, it’s they have a large space. Um and it’s It’s a It’s a It’s not a franchise business.

03:00:40,370	It’s a private business, and they have two locations in Williston and one in Watford City and one in Minot, and it’s called mega Latte, and she likes to have Large mega space, you know? So. I am so Yeah, I’m.

03:01:03,730	I’m surprised that she wanted that volume of space, but Um, we do meet you know the requirements powers the percentage of space that that can consumer of our total square footage. But I’m thinking maybe, you know, four or five people, you know at one time and then we have parallel parking on the far South side, which would be on the drive thru lane, which would be four or five spaces for their employees to park. So.

03:01:22,930	There’d be plenty of parking for all employees in the right. Right. Right. Thank you. Alright. Questions for Dale. Mhm. I’m not saying you’re hearing any Dale. Thank you. Thanks podium is open for others who would care to address this agenda item. And I’m not seeing or hearing any so I’m going to close the public hearing.

03:01:52,270	Without Lauren. Do. You have any comments? Additional comments Additional comments at this time. Thank You. All right. Thank you with that commissioners? This is a request for a special use permit Drive through staff recommendation is to approve. What do you wish is Move the proof. We have motion to approve from Comm. shell.

03:02:16,970	We have a We have a second From commissioners Ent Without any additional discussion. And I’m not hearing or seeing any Ben, Would you please call roll. Yes. Mr Bitner? Yes. Field. Johnson? Yes. Lukens. Yes, shell? Yes. Ah, Mayor. I’m just checking.

03:02:45,630	But I did get a message from the mayor that has battery was running low, but just double checking Mary. You still on Does not appear that he is Sivak. Yes. Langen? Yes. Sent chair. Schwartz motion is approved. Moving on to item 10 in our regular agenda is revisions to the agricultural zoning district, and Jenny is going to provide us with staff briefing this evening. Hmm. Thank you Mr Chairman Church Schwartz Comm.

03:03:16,200	Steph is requesting approval of amendments to sections 1402 3 1403 6 1403 8 and 1404 17 of the city code of ordinances to allow agriculture recreation uses in private riding arenas in the agriculture zoning district based on certain criteria Community Development staff have received inquiries recently from property owners to amend the ordinance to allow

03:03:37,970	for these types of uses. Um, uses that offer opportunities to promote agritourism and to him in the ordinance to allow for larger riding, private, private riding stables that are that are larger than our standard accessory building size.

03:03:56,070	I know this? I noted this last time we met, but before I get too far into this ordinance, I want to make sure that you are aware that this ordinance does not affect Papa’s pumpkin patch. Or the property north of Papa’s Grandpa Alice hayrides. Both properties are included in their own P u. D. Both of these properties will continue to operate and nothing in the proposed ordinance.

03:04:12,900	Amendments will require their operations to change. Was written today without these amendments, Zoning ordinance does not allow rural event type uses or large private riding arenas. Staff agree that these types of uses should be allowed within our community and over the past year have worked with a stakeholder group, including representatives from this board, the Board of Adjustment really

03:04:30,530	county planning and the owners of Papa’s pumpkin patch as well as Apple. Apple Apple Hate rights Grandpa Ellis. Hey, rights. I’m moving too fast because it’s 810 Apple Creek Farms and to draft the proposal amendment you held a public hearing on this this request at your last meeting on April 24th representatives of Apple Creek

03:04:49,300	farms that are tourism division of the Department of Cough. Merce and several citizens spoke during the public hearing. Concerns were raised by some that the proposed ordinance still limited opportunities for agriculture, recreation, in particular that certain events such as pumpkin patches, corn mazes you picked produce should not be restricted to that major agriculture, recreation use the

03:05:10,600	conclusion of that public hearing you all voted to continue the hearing in directed a staff to work with a representative of Apple Creek Farms and the tourism division of the North Dakota Commerce.

03:05:29,170	Department to address concerns that were raised during that hearing Planning staff met with Apple Creek Farms and Sarah Audie Coleman and and her team for the tourism division of the Department of Commerce on May 3rd to modify the ordinance and to address the concerns that were made during that public hearing.

03:05:48,970	During this meeting, it was decided to revise the definitions of both agriculture, recreation minor in agriculture, recreation Major to provide additional agriculture, recreation opportunities and increase the number of days for major major Recreation agriculture, recreation events from 12 Days to 30 days per calendar year. Minor Agriculture. Recreation uses include uses that are smaller in scale and intensity, with the limit of no more than 75 people on site at any one time, the limit was decided during that meeting with Apple Creek Farms and the Tourism division.

03:06:11,800	Minor agriculture Recreation uses would be permitted by right for properties located in the agriculture zoning district that are entirely outside the Urban Service area boundary and include 35, or more acres. The Urban service area boundaries.

03:06:30,670	That official line established by the commission within the zoning, the city is not in jurisdiction that distinguishes between future and urban rural areas. City growth and municipal infrastructure expansions within this area would be expected within 10 to 15 years outside of that area, the areas that we’re talking about would be expected a number of years after that Major agriculture, recreation uses that are larger in scale and intensity include and include commercial, um, event type uses like weddings,

03:06:53,700	corporate events, things like that would be permitted via special use permit based on certain criteria. The Zoning ordinance describes the agricultural zoning district is a district in which the predominant use of land is is general agriculture uses and further notes that the intent of the agriculture is running district is to encourage the continued use of land for

03:07:12,770	agriculture uses and to prohibit scattered commercial and industrial use of land. Agriculture record usage is as written would not limit or restrict agriculture, production or farming on any of these properties.

03:07:34,600	Additional criteria for approval approval of a major agriculture recreation use include that attendance is limited to no more than 250 people at any one time, the maximum number of events is limited to 30 days per calendar year. That’s an increased based on our last meeting and discussions with tourism and went from 12 to 30 days. There’s requirements to mitigate noise and light impacts to adjacent properties.

03:07:53,570	Additional step back requirements and required requirements to meet applicable life safety building and fire codes. Staff noted that the zoning ordinance does not include right now. A definition of agriculture. Well edited definition as well. Thank you Webster’s agriculture is the science or practice of cultivating the soil, soil, producing crops and raising livestock a definition for private writing.

03:08:15,130	Arena was also added to the ordinance Staff did not make any changes to this definition. We didn’t make any changes to the remaining part of the ordinance that was originally Presented to you. They would be private riding arenas would be also be approved via special use permit for properties that are located in the agriculture zoning district that are entirely outside that urban service area boundary and included 35 acres

03:08:32,430	or more. Criteria for approval include that the arena is ancillary to and in conjunction with a single family dwelling that there are no sales shows, competitions, training clinics or similar events on the premise similar to the agriculture, recreation Major uses without these criteria, their their arenas would function more as commercial in nature and not necessarily

03:08:54,670	permitted or Or kept in nature and character of an agriculture zoning district. Additional criteria include location, building size limitation of no larger than 22,000 square feet, setback requirements and requirements to meet applicable life safety building and fire codes.

03:09:21,870	The proposed ordinance also includes modification to Lauder parcel sizes and increase the area of accessory buildings approved by the special use permit process, a process that you’ve seen many, many times in these agricultural zoning districts that are entirely outside the urban service area boundary.

03:09:39,930	Accessory buildings, Um, accessory building side would sizes would be increased from 7500 square feet to 8000 square feet for properties that have at least 35 acres and are located outside the U s A B the size or number of acres was reduced from 80 to 70 for properties. Don’t agriculture and located outside the U s A B those properties would be permitted to go up to 15,000 square feet if this audience is approved. Again.

03:09:57,000	We didn’t modify any changes to the private riding stables or the accessory building section of the ordinance. Um, think that pretty much covers it. The notice was again published back in April, April 12th and 19th in the Tribune. We have received comments regarding the proposed amendments, and those comments were delivered to you prior to our April meeting.

03:10:15,270	We haven’t really received any additional comments, but I need to do another. Our folks here in the audience that would like to speak to you. Their Zoning Ordinance Text amendment was evaluated according to standards contained within our comprehensive plan Bismarck Code of ordinances and relative State law As a result of all the findings contained in the staff report, and I promised

03:10:30,200	there in this one staff find that the proposed amendments would not adversely impact the public health safety in general welfare in are consistent with the comprehensive Plan Bismarck code of ordinances and relative State law. Therefore, staff recommends approval of the zoning ordinance.

03:10:50,600	Technomic Text amendment for sections 1402 03 1403 06, 1403, 08 and 14 of 417 of the city code of ordinances to allow agriculture, recreation uses and private writing arenas in the agriculture zoning district based on certain conditions. Do you have questions? Commissioner’s questions Comm. field. So. What’s What is the purpose of the limitation on acreage. Why do you need 35 acres to have a building? Comm. field commissioners.

03:11:16,170	Mr Chairman right now, our zoning ordinance for a single family home in an agricultural district without having to be planted or sown something different, like rural residential is permitted on 40 acres or 35 acres with an eloquent description. We’re basically just taking that require the 40 acres out the eloquent description.

03:11:35,270	Portion out of the code and just going down to 35 acres. Um We feel that the property is still agriculture in nature if it was less than 35 acres, it really wouldn’t be. Permitted use within that zoning district with a single family home. Um and if it was smaller than that, it would really function.

03:11:58,730	Maybe lose that agricultural character a little bit would be more of a commercial project. Well. There’s A lot of properties in the E T A that are like 600 ft wide and a quarter mile long So any of the buildings Your proposed, are actually tiny compared to that size lot for the for the larger accessory structures. Yes. Okay, so I.

03:12:18,170	It’s really going to limit people. If you say you have to have 70 acres or you have to have 35. Right now the limit in the code is 80 acres with I think 10,000 Square feet and we’re reducing that acreage size down to 70. We’re increasing the accessory building up to 15,000 square feet. Okay? Just. Go ahead. Comm.

03:12:43,600	business and you’re talking about properties that are outside city limits right outside the city limits within the E T A. That’s why we’re here but beyond or outside of the urban Service area boundary, So Daniel, would you mind going to one of the slides? I think we have a picture of the Urban service area boundary map. If.

03:13:09,830	You want to go? There, we go. Um so the area in contained in the black is city limits the area that is outlined in blue, Um, that is urban service area boundaries.

03:13:29,530	So, the applicable, um, properties that could get one of these special use permits would be between the red line, which is that ETA line and the blue line. Well. I’ll just go on record as saying. I don’t think the city of Bismarck should be regulating anything in that area of the county. Thank you. Alright other questions for Jenny. Comm. shell Jenny related to the egg use. You know whether it’s a major or a minor.

03:13:59,470	Um, if there was a 35 acre site within the urban Service area. Would that not have a path forward to do a recreational egg use in ordinance. Comm. shell. Um, no, it wouldn’t do we know of any properties that would be flatter of inquired for for that.

03:14:18,730	It’s a narrower band between corporate limits today and that Urban service area But are there any old farmyard that would like to do an event that would like to use this thing? They’re still zoned egg that will 20 years from now turned into city proper, but right now and for the next 15 Really have no interest in developing Thank you? That’s a great question.

03:14:34,130	Not that I’m aware of, I know the applicant for Apple Creek Farms is here as well. Their property is just outside that urban service area boundaries so they do have a path forward. Thank you thank you. Commissioner Shell commissioners additional questions Comm. Johnson may have missed it. But.

03:14:54,430	What’s the purpose of having the Urban Service area boundary in their related Not with that happened outside of it. Not not not overall, just like, why are we having it in here and stuff? Just Outside the city limits. We anticipate growth to happen earlier than those areas outside of that line. Have a question. That might be way too simple and I’m overthinking it. With, the the riding arena.

03:15:23,830	You’re prohibited from having clinics. Um You know, privately owned riding arena. But. You can hold a clinic and your outdoor arena right next to it. The different definition for private writing arena real quick. Private riding arena building our portion of the building used exclusively for private equestrian activity by the property owner. Private riding Arena must be a Sylar.

03:15:52,230	Sylar. I can’t pronounce that ancillary to the single family, single family dwelling people that have indoor riding arena. You have an outdoor riding arena too. That’s true Um, these buildings are quite large, and they would have to meet fire and life safety code.

03:16:12,200	So having additional folks coming into that meeting, they would have to do significant upgrades to those buildings. We’re on. Run. I’m Gonna Quest, Rian fan? Sure. Where. My. Concern is with that is you’re limiting options for a lot of our youth development. Because a lot of youth that are any question events. Um For their training they bring in special instructors are special trainers.

03:16:41,200	And and they do clinics and these clinics are small in size. There are a handful of of of youth that are doing it. You know there may only be 4 to 6 that are doing it. And you can bring in an outside professional trainer and do a clinic in the outdoor arena.

03:16:56,600	But if the weather gets bad, you can’t move into the indoor arena. That’s right next door that if he didn’t have the the professional trainer there the kids could ride in anyways, teacher That’s a fair point. Um and I appreciate that question very much, um When. You talk about having this particular building and having different uses other than your personal private use.

03:17:19,800	Um, you rise to a different level in code review. Not only that, but it becomes more of a primary commercial type use versus that ancillary. Use that supportive of your single family dwelling, and that’s why we chose that language.

03:17:49,600	I would have to agree with Brian that I don’t think there’s really should be any Oversight from the city of Bismarck. Once you get past The city line when it has to do with egg. Thank you because I don’t think that there’s There’s any understanding of what a ranches or what a farm is or animal husbandry. It’s too citified in the city. That’s why it’s in the country in the first place.

03:18:11,570	I could imagine the regulations if you wrote the rules for a rodeo inside bubble wrap with a helmet get absurd. Additional questions for Janice. Cage any. I think we’re good? Thank you. With that we’re going to continue the public hearing and open it for this agenda item. Are there.

03:18:44,070	Others? Are those that would care to speak to this good evening. I’m Renee Zandl from Apple Creek Farm and I just wanted to let you know that we approve of the changes that were made. The increased number will allow us to have two classrooms of students to visit the farm and the number of times was also increased.

03:19:10,730	So Um, just wondering if you have any questions. Comm. has any questions for me? Yes, I do Yes, Comm. Bitner. Verify. You’re comfortable with the way it is today. Really Any changes have been addressed. Yes, good with it. Okay. Perfect. Thank you thank you, Commissioner Bitner. Commissioners additional questions. Field.

03:19:33,070	So do you feel that’s enough days per year? Yes for us for us, it is yes. And. The number of people you can have out there is enough and for if we want more, we can apply for the special use permit and we’re comfortable with that. Okay. Thank you, Mr Field. Commissioners additional questions for Renee. I’m not seeing her hearing any Rene.

03:19:58,730	Thank you so much. Podium is open. For, others it would care to address Good evening. Good evening. My name is Ellen Duffy and the board treasurer of the North Dakota Local Foods Development Alliance, and I’m, also one of those old farmhouses farm lots up in that service area, my pet parents own a property on Sandy River

03:20:24,500	Drive just south of the pumpkin patch, grow pumpkins for papa’s and sell to them. Um, and we don’t currently have events happening on site now, but I could see that being a potential thing we want to do in the future.

03:20:44,130	Um we currently own nine acres on that property, so I think the way this is written would eliminate us from participating in that and potentially other small Um, agricultural entities. I Think, Um, the local food scene is changing rapidly and we’re not. We’re seeing a lot more smaller. Um, farm farm practices, so there’s Kind of a diversity and large agriculture and small agriculture.

03:21:06,000	And so I just would love to see a little bit more thought on. Maybe the acreage and the amount of people allowed. Maybe tie it to the acreage. So that’s some of those small entities can participate in local events. Any other. Questions moment, Mr Bitner. Thank you, Mr.

03:21:31,670	Chairman, could you Kind of tell me specifically what could be changed to address your concerns. I think that 35 acre limit. Um if that I guess it’s maybe a zoning thing, Um, that I’m not aware of trying to find this now. Yeah item to, I Think on the approved uses for the minor permit.

03:21:56,200	Um It says they approved uses our would be for the minor permit if they have 35 acres and no more than 75 people. Um I think 75 people on a 35 Acre farm is a totally reasonable thing. And I. Just think maybe we could have a smaller category for smaller agricultural things with under the 35 limits, acre limits. Okay.

03:22:23,570	I’m not finding a 35 acre deals. It’s a little further down. Yeah. This room isn’t 35 Acres. Nice seed more than 75 people in here, right? So I would agree. I think it I Don’t think there should be an acreage limit.

03:22:49,630	I think that there are safety concerns with traffic coming into spaces, and so we need to think about what is it appropriate amount of people to for that specific size? But if a farm is a farm, they should have the right to have an event out there. You know you might have a farm dinner. That is 20 people. Um and so I wouldn’t want to see other people miss out or I.

03:23:07,230	Guess if there was another path forward to how how would we go about applying for a permit to do something like that? And? Do you want small agricultural producers applying for a permit every time they want to have a Tiny farm dinner, You know goat yoga or something? Right.

03:23:29,700	So what what Acreage would you advise? What would you want to see Um, I guess I don’t have a I think that perhaps the acreage shouldn’t matter, but more so the safety of the How many people you think are appropriate per acre. Would be maybe my suggestion.

03:23:51,530	Um I don’t know the what The data is on how many local farm stead are less than 35 acres. I just know ours is nine. Back produce is right down the road That was a little over eight no longer in operation because the gentleman passed away. I think Papa’s is around 30 acres.

03:24:10,870	Um, so there’s a lot of agricultural things happening down in that middle ground between the county in his county, but it’s also near the city. Um so I don’t know if I have a specific suggestion other than maybe a path forward for allowing some of that. To occur in that area for a smaller farms asked the question a different way. Sure.

03:24:35,800	And agricultural uses that you’re aware of What number would work for acres, five. 69, but she made my case, but I also six, right? We’re just Yeah. We’re not trying to limit this, right? Right. You’re obviously doing something That’s Yeah? Yeah, we have five greenhouses on our property that have been there since before I was born. And.

03:25:02,670	Um you know those would be amazing spaces to host small events and, um I’m not sure what else is in the area as far as farms that would be smaller than mine other than Becks, which is eight there’s a flower farmer, little little bit north of me. I don’t know how many acres she owns. But. She could potentially want to.

03:25:22,330	I would say she probably has maybe two acres and she does agricultural production. Yeah. You said you were Agricultural zoning as far as I know, unless that changed as development has happened, but I don’t think there’s been any changes. It’s been in our Um, family name.

03:25:49,030	We haven’t re planted anything or split up anything since I was a child when my parents bought it so Okay, so with respect to your question, Should acreage matter at all outside because this is specifically is talking about Outside Urban Service Area boundary. So Why would it matter? I. Don’t think it should matter.

03:26:16,130	I mean it isn’t that we’re It isn’t that we’re changing the rules so she can get an egg credit. Right taxes or anything. Yeah, I did that. But. That’s you know, looking at a bigger ranch or whatever. We’re looking at trying to have a home venue. Very small farmers, they shouldn’t really doesn’t need to be a winner. Why. Do we have to say they need two acres.

03:26:39,830	You would mean for the purpose. A. Few people that we’re looking at. For these venues. It’s absurd that you need almost as a quarter mile square. Mhm. If I may to with local agriculture. We’re seeing a lot of different kinds of agriculture now, so some people just have maybe a microgreens business that does not take up very much land.

03:27:03,770	It’s an indoor thing. A mushroom farm would be an indoor small contained thing, but then they wouldn’t be able to allow the public to come and have a tour and potentially be a part of that process.

03:27:23,030	In a Different way outside of normal agricultural uses And when my family’s greenhouse operation was running full time we had, you know, sometimes 30 employees out there at the time doing the work, so you know, traffic and things like that would be there anyway. With a farm. Um Agriculture comes in many shapes and forms these days. I have one question for you. Yes property you’re talking about. Do you used to be called River Road Gardens.

03:27:44,830	Okay, so that’s actually Been used for agriculture with the greenhouses for in excess of 40 years. Absolutely and I still operate River Road Gardens. It’s more of the landscape branch because after the flood, we closed the greenhouses.

03:28:09,330	My parents didn’t want to reinvest money into doing the bedding plants out there, But I Still grill Pumpkins for Pappas and Other farming on the land portion of it currently, so Those green horses have been in operation as a business longer than Pappas.

03:28:30,730	Pumpkin Patch has been around by several years, and Papa’s got some of their farm equipment from us and my dad helped that get going so, yeah, we’ve seen a lot of change out there where developments are coming close to us, and that’s you know, we’re fine with that. We’re happy to have neighbors. But we also don’t want to lose our rights to using our land in the way we have for many, many years. Good sense. Okay. Commissioners additional questions for Alan.

03:29:01,730	I’m not saying you’re hearing out commissioners. Thank you for your comments. Okay, So if No public hearings. Public hearings store. Yeah any any any other that would care to come up and comment this evening? And I’m not saying you’re hearing any so with that I’m going to close the public hearing on this commissioner’s This is a Request for his zoning ordinance and text

03:29:26,830	amendment and staff recommendation is to approve Should we get a motion or do you want to speak to Mr? Bitner Speak first. Alright. I don’t want to make a motion yet. But, um We hadn’t heard that kind of input. Up to this point. And.

03:29:45,400	We’re making changes, and we made sure that people that wanted to make changes head ample input and whatnot. So The way it’s written, writes her right out. Right around longer longer than any of her family has comment. Thank you, Um What she’s doing would be classified under the farming group because she still zoned egg.

03:30:11,700	We’re not telling her this ordinance wouldn’t stop her from doing a greenhouse or doing things like that she could do dairy farming field crop farming a commercial greenhouse rising raising livestock. A farrowing Operation Roadside stand for sale of products grown on premises. Um, I.

03:30:36,830	Think what? We’re mostly concerned about are those those bleeding over commercial uses those event type uses, Um In that jurisdiction so Yeah, but what do we mean? Having a wedding having events like Apple Creek Farms has with farm to table dinners. Um, having students come in, making sure that the property is owned appropriately, they’re able to, um Meet that criteria and have their neighbors know that that uses not changing so much that it’s negatively impacting their property. Well.

03:31:05,600	Yeah, but you know this. This ordinance came about because Don and Rene came in and asked for it. Has. Anybody had a problem where complaint with with, um The there was involved in in writing this or causing this or anything.

03:31:32,670	I think we got word and we had been fielding complaints that we had gotten because of some larger wedding event type things that were happening at Apple Creek Farms. We were filling complaints from reducing property. Yes. I’m not buying that. I don’t I don’t you know? Were they anonymous complaints? Because I live right across the street from him.

03:31:56,730	I understand there were complaints from based off of a wedding that got a little too rowdy and a little too loud and went a little longer. Um, in the evening than than the adjacent property owners to the North would have liked. Property owners to the north. Well. Is that an anonymous complaint. Comm. Bitner. I’d have to check our records.

03:32:24,830	I don’t have access to that right now and get back to me. Sure. I can see their farm from my front yard and I can’t I can’t hear their weddings going on. Yeah. That’s what? Maybe. There’s a reason. I ask, um, because I. Don’t I’m Sure they’re aware of it, But. There’s.

03:32:45,530	There’s a place that directly borders their place on the north side. Um, they happen to have have had in the past the happiest Yip in little dog that was ever around and Somebody there has these big gong wind chime things that must be made out of truck pipes or something.

03:33:09,470	And so I don’t know if there’s some kind of a thing going on between two neighbors there because I can tell you That that Gong wind thing. 24 hours a day when the wind is blowing is way worse than any wedding or event that they’ve had their place. I’m out there all the time. So. I think there may be Some maybe a neighbor issue.

03:33:33,470	But I haven’t experienced a single problem with them. And so I just I. Just don’t think that we should be limiting things based on acreage. If there are allowed to do it anyway. So. What’s what’s with the acreage? What’s with any limitation outside of the urban service boundary.

03:33:59,470	I think it creates a level of expectation for the applicant as well as adjacent property owners. We’ve seen some adjacent property owners be frustrated tonight. That’s something different in their neighborhood is happening if we do have criteria they can understand that. Um, they would have to be limited to a certain number of people, um, and a number of events per year.

03:34:19,270	We would know that the buildings are safe for others to occupy things like that. Do you feel committed to that people that you don’t represent? You’re just Thinking, that’s okay. Commissioners. I’d appreciate the The tone being a little bit more respectful to staff. They’re doing a hard job trying to balance these things against competing interests and If. You want to attack? Somebody attack me okay to attack That’s fair.

03:34:46,000	What business Do you have regulating outside of city women. Well. It’s allowed by North Dakota State century code loud Yep. When. You think that’s okay? Yes, we do. Okay? Comm. Civic. I just got a question outside this city when it’s you know, it looks like I’m in the urban area now.

03:35:19,300	I thought it wasn’t But sure you’re saying if I have a graduation But 250 people. I have to have a Permit. Or is this a private party? You can have Just. The ordinance does say for someone other than the property owner. I’m assuming that if you have a graduation party for your daughter, it would likely be okay.

03:35:42,070	However if you’ve converted your property to more commercial uses. You’ve just, um It’s become more of a commercial event. Your advertising people are calling you to have parties at your house. They’re not your parties are not your family members parties that would raise to the level of that of commercial event type use in agriculture area.

03:36:07,370	Thank you does that? Answer your question? Okay, perfect. Um, commissioners. We are again I’ll ask the question. How. You would like to proceed. Staff recommendation is to approve. Motion to approve We have a motion to approve from commissioners and Do. I hear a 2nd 2nd for discussion. Okay, We have a second from Comm. Shell. I’ll open the floor to discussion commissioners. Comm.

03:36:57,400	shell games. Um, I would be curious if there’s another number of sides. The 35 acres. I think if there is someone in the audience that is performing an agricultural use on an 80 acre tract, if that’s something that’s worthy to go look at it and learn about and educate yourself thing that’s worthwhile to explore.

03:37:15,570	I think because it’s only in a agricultural zone locations. The risk of this will populate amongst every single piece of property out there. I think it’s minimal. I still think there’s a risk that an a piece might find itself as a smaller chunk.

03:37:35,800	I don’t know how many small egg eggs Tracts of lands we actually have out there anyway, that are Two acres in size, regardless, but I would be supportive of a of a smaller number and seeing how that goes and if that eight acre number Turns out isn’t effective and there’s people that want it five or greater and come back to us.

03:37:50,900	We can have a discussion on maybe five is the right number. Maybe. It’s six. Maybe it’s 2.5. Whatever. That number ends up being I think having a number is is okay. I agree that there could be some situations where it’s not even worthwhile to have the number but at least having something to start is worthwhile. So. I guess I made a second for discussion.

03:38:07,330	But I would be supportive of something smaller than the 35 Acre amount. Thank you. So! What would be the harm and just two acres because most of these subdivisions that we have out there acre and a half And their rural residential or something you had to acres and you could raise tulips.

03:38:30,970	But that I mean, is there a problem with that? Commissioners Comm. Bitner, I think the only problem you might find is if I was trying to have a educational event at my two acre tulip farm. Fitting 75 people on my site without impacting my neighbors might be difficult to do that. So.

03:38:48,470	I think that’s the challenge is understanding. Is there a ratio of that size of the site relative to how many people you can really house on it without parking all over the roads and parking up and down every single ditch. To see my amazing tulips. And.

03:39:02,900	By the way, I’m going to start to look for because sounds amazing, but, um, so I think that’s the challenge of getting too small into thinking that, but I don’t know how many of those Two Acre sites are actually surrounded by other properties. They’re also to acres inside, so I think that’s the other thing is, I’m happy? Just having difficulty mapping out? How.

03:39:19,330	Many a two acre sites are actually hard we’re talking about. Don’t. I’m not aware of any two acre Comm. field. You know anybody that’s ever been to the Minnesota State Fair. They have the same issue except their venues. A quarter million people a day. But they Park you miles away and bringing in and shuttle Busses.

03:39:40,830	So if you think about it rather than saying that, you know he can’t have his tulip farm. I can see saying, you know, on a case by case basis they have to, you know. Run it by it.

03:40:02,200	But if there’s no parking for people I could see, you know off site parking, but still shouldn’t take his right to do is tulips away? Maybe you have to do something inventive for transportation because you can’t have 20 cars or 50 cars in your neighborhood. But. It’s still shouldn’t preclude what he’s doing. So I don’t I I don’t disagree with having it at an acre and a half. I mean it.

03:40:23,400	There’s a lot of things like she said. You can do you know, microgreens. Hmm. You don’t need a room as big as this, So. Why do you need You know 35 Acres. There is 70 acres or If you’re trying to get this to go and be an industry here. You can’t sort of squash it either.

03:40:43,830	Well, or maybe five acres is right. What. If you didn’t have it? What would happen if you didn’t have any acreage in there at all. But you’re just talking. Um, you know they’re they’re limiting it to 75 people at a time, assuming that’s because of gravel roads and dust and Whatnot. Mm hmm. So. Then.

03:41:03,870	The Acreage isn’t really the question. The number of people is more of the question, right? How many acres is the Civic Center. I’m Sure it ain’t 70 How. Many 1000 people let go in there. So I mean if you just want to look at an abstract Lee Yeah. Right now this is a zoning. Only.

03:41:30,670	Correct residential, right? Yes, it would be rural residential. That’s the area that they’re carving out. I don’t. Well. I think this is only agriculturally zoned properties. It’s It’s on this page five. It’s talking about that in a agricultural zoning district. But.

03:41:53,300	You can become AG just magically become rural residential just magically, because even though my property was a licensed deer farm in the state of North, Dakota, I’m rural residential. Magically, somehow. So Thank you commissioner seems simple to me than just to remove the part that talks about acres. In that paragraph.

03:42:21,400	What about the believe that person I came up and spoke, so she’s within the urban service area boundary as well, which is a limitation on this, so not just City limits to E to its e to to urban service.

03:42:38,930	Okay, It’s good point addressed that with that particular all that property is not in the urban service area boundary for the city of this market, so that in this particular situation that would not be the case and that’s um trying to even visualize is a handful of Agricultural properties as the city is growing around them that might want to do this, But that’s why question if if anyone had even approached the city staff to entertain offensive interest to him. So.

03:42:58,800	Does anybody get harmed? If we reduced or eliminated in acreage thing in that paragraph. I think so. And. I’m not seeing a need to have it. I definitely support the reduction of the acreage. Um Several of the places that they talk about. Specifically. Under this ordinance are Businesses that have started in my neighborhood since I grew up this Hmm.

03:43:28,270	That is what I’ve experienced my my whole life. Grandpa cells, Hayrides, Pumpkin Patch River Road Gardens. And those are only a few of the small ones that have went on over my lifetime and still continue to go on either on egg property or rural residential. And unless people get a complaint and they get reported.

03:43:49,970	These people are going to continue to be doing these AG return tourism type events in the river bottoms north of Bismarck. And I just It’s become a family tradition for so many families, and it’s been passed down through generation. You know these these businesses and I would hate to see us restrict the next generation. Um That.

03:44:12,400	It’s been a great life for those people and I want. I want their Children to be able to follow in their footsteps? Steps, you know with those businesses for that tourism egg tourism events on their small pieces of property. Mhm. Additional comments. So. Should. We make a change and change the motion. Or not.

03:44:41,400	Seems like we should make a change some sort. If. That is the desire the commission. It might be easiest just to With, the move the initial motion and have that second and then start over. Comm.

03:45:04,900	shell, Do you wish Wish to withdraw your second? I don’t think I have to withdraw my second, but the person who makes the motion has to withdraw their motion. Comm. Zen. I would like to see us vote on this and support of the staff. And then if we don’t vote on this, then we can do another motion. Okay. So we have a motion on the table. Down with the motion. And everything goes down in the deep. Hmm.

03:45:30,000	People be on record for therapy. Your motion was to accept it, as is You don’t want Don’t want it both. No. You want to go? Yes. All right. Then please call roll. Yes, Comm. Bitner. No. Field, Johnson. Lukens. No. Chill. OK, Sivak? No. Wong in Yes. Bencher Schwartz. Yes. He knows how it So. The motion is not approved.

03:46:15,800	So. I’m not seeing any harm, you know, on Page five. Removing the 35 acres in area. And replace. It was just Make some languages makes that flow. It’s certainly Because. That’s the only that’s the only paragraph that I’m aware of that we’re looking at it. Chair members of the commission. There’s actually two. There’s.

03:46:40,000	There’s a 35 acre reference in the major And 35 acre reference in the minor. Okay, Um You know, I think it makes sense, though, that you know as far as the size should depend on what they’re going to do, because if you look at something like the Renaissance Festival and In shock the Minnesota.

03:47:08,600	That’s way different than what they’re doing at their little farm. We had technically it could be the same thing on paper. So For a small venues. I agree there shouldn’t be any acreage limit. But it should be looking at it. You know which anybody ever went to the Renaissance Festival. That’s crazy down there. But its huge major. If.

03:47:33,770	It’s something, major. Yeah. I’m not I’m not seeing anything major. It’s on the major references on Page three under item number two age and explain three item to interest three model happening. Three items, two references under on Page five. Item number two listed on Page five. No. I’m I’m.

03:48:06,530	I’m not saying I’m overly comfortable with changing it in the major category because majors if it gets into a real commercial more, that’s more of a state fair. Yeah, that It’s probably Collect correct me if I’m wrong, but it might be appropriate to have that acreage in the Major part.

03:48:32,600	Because we’re not They’re not talking about Micro flowers and that one alright? That’d be like a rodeo, correct. Would. They have to get a permit like this for a rodeo. I’m kind of struggling with that because I don’t think we can make any zoning ordinances that have an impact on a agricultural zoning, so it might have to Get some advice on legal part of that,

03:48:56,930	But I would just want to change at this point, I would only be comfortable changing the minor. Acreage that’s up to 75 people, right? Because. They’re not, you know, in the case of her, she’s she’s You know all this small acreage doing that thing. So.

03:49:26,100	Am I hearing emotion? I’m trying to figure out how to word that Um I guess a motion to approve with the elimination of acres. In that paragraph on Page five for minor uses is that Okay. I’ll leave the sentence rating up to somebody who’s better at that. Okay. We have a motion on the table. Second. We have a second from Comm. fields.

03:49:52,030	The first is from Comm. Bitner. Any additional discussion commissioners. If not then please call roll. Yes, Chuck Comm. Bitner. Field. Yes, Johnson. Lukens. Daniel, are you still with us? Lukens? Yes? Yes. Alright shell? Yes. Sivak? Yes longan? Yes Zen and chair Schwartz. Yes, motion is approved. Alright.

03:50:32,730	We will move into other business this evening and the first item on other businesses. The delay of the major street plan and future land use plan amendments, and Daniel is going to brief us on this. Good Evening Chair Zoning commission. We just have to items to bring your attention not for voting, but for your knowledge and any potential discussion if you wish.

03:50:50,870	The first is something that has come to our attention After the last meeting you had voted on a future land use Plan amendment and a major street Plan amendment in northwest part of the U T A After that the or landowner did contact us and wanted to discuss this further and had some different ideas.

03:51:08,870	And so although this is a staff initiated request, we always work with landowners. So we did meet with this particular landowner before, but I think we would like to have some more discussion. So we have paused, bringing your recommendation to the city commission to discuss this with them. If.

03:51:25,930	We do make any changes will come back to you show you what those changes would be and ask for another recommendation. I just want to let you know that that didn’t go directly to City Commission as their standard course of action would be Um, the second item. I want to thank you all for adding additional meeting in your month and thank everyone who came last week.

03:51:41,930	I was a really good discussion. We had a lot of people who have an interest in this. We knew that the home occupation ordinance is an important ordinance. It is a major change to or ordinances that needs to be vetted thoroughly. And so we want to take time with this.

03:51:58,970	It was always our intent, or at least was our intent at our last meeting to come to you in June with a draft and we’re prepared to do that. We took notes last week as staff try to some things I think we can capture in the ordinance and some changes we can make.

03:52:15,600	Um and we can present that to you in June. I just wanted to give you an opportunity now if there’s any procedural direction you’d like to give us if you think we need more time we can take it. If you’re ready to keep going in June. We can do that, too. So. We just want to give you that option. It’s true commissioners. Comm.

03:52:32,070	Bitner. Thank you Mr Chairman I That’s. That’s real important because that meeting was an actual violation of the open meetings law in North Dakota. For two reasons. First. You know it wasn’t uh, televised or whatever, but the big problem was that door was locked. And and we want to make sure that that doesn’t happen again.

03:53:09,530	But for future reference. Um if there’s any city meetings that are held here, and we don’t have the availability of of the, um Go to media access. Burly County owns what we call an owl system, and we purchased that. So no matter where we have meetings, we set that up. And.

03:53:29,800	That thing does the recording, you know the video? Uh, and the audio and then we have that available for the record and burly county will make that available as needed in the event. We have to have a meeting. Um, whether it’s a meeting that you know that we’re involved with, or whatever. So for your future reference.

03:53:49,530	We don’t have to have a situation like that. We have that covered and we’ll make that available as needed, OK? But I. I do want to see the minutes because that ended up being a closed meeting.

03:54:10,470	And if we ask the attorney general about that, and guaranteeing you that one of the things that they would say is we have to produce meeting minutes. Yeah, Comm.. I can speak to that. So. Uh, the meeting was noticed. Um if we did the doors were open at the time. There was a glitch in our system, So. That was that’s correct. The doors did become locked at some point after five. Once.

03:54:29,000	We found out about that We did put a little block in the door to make sure people could come in, Um, however, that it wasn’t a fortunate glitch. Uh, we did try to rectify the best we could. Thank you? Thank you, Comm. Bitner. Commissioners Comm. Johnson.

03:54:48,370	You’ve got a lot of notes and I’m just going to throw out some things here that you can consider or not, but You know there are some things that were thrown out. Do. We even need this ordinance. I think we we do, Because if we don’t have an ordinance on home occupation, but none of it’s allowed. It. Basically, everything would be wiped off the book.

03:55:04,500	So, setting the expectations of what is what is allowed is Appropriate. So, so everyone has that common understanding. Um and then I would also say that between your first First time you came to this commission and the second there are some pretty significant significant changes that were in the right direction. They opened up quite a bit.

03:55:25,070	And I think Everyone can kind of be encouraged by that progress, and I’m looking forward to what? What’s coming up. Uh, this next iteration as well, Because you you You don’t want to stifle. Of businesses. You want to Said. At. A plane, uh, for everyone to Kind of operate off of, but, um You know people were mentioning.

03:55:44,700	I BC like That this ordinance was gonna kick in. I BC and people are gonna have to start Um, working with commercial building code. That. Everyone has to comply with commercial building code and in North Dakota. This, this law or this ordinance isn’t gonna Save. Anyone from that or not that everyone has to.

03:56:05,270	It’s a use based, or, uh, code. And Dakota has a burly county has it. The City has it? We’ve all adopted it. Um Just a few thoughts. I try to be quick because it’s Points a long meeting. But I think we could consider Leaving agriculture out of this. It’s it’s People have so much more space out there.

03:56:28,230	I don’t know if there’d be a huge Issue with leaving agriculturally zoned properties out of this. Um, signage. I think that you could increase that in minor and major allowed and minor and and Increase the major and I don’t think it would be too detrimental. Um, outside employees.

03:56:50,130	I think that that also could be looked at, um, both in minor and major is one outside employee. Um Or no outside employees. A minor, I. Think 12 again. I don’t think that would be detrimental. Um Even a lot of the input that we got last last week.

03:57:11,070	Just going through the code that the proposed ordinance again seem like what a lot of people were concerned about was going to be allowed by the the previous iteration. Um The the the one person in town brought up trailer W and that would stifle him. I think looking at trailer links of vehicles. What’s allowed. I think that all all makes sense to expand that.

03:57:31,600	Um things like the paving whether or not people in the ETA can park or it has to be gravel or or paved. I think that’s something that could be really left up to them if they’re parking on their grass, and it’s getting ripped up. They’re having to deal with it.

03:57:46,600	Um But not having that requirement in there would Wouldn’t really impact a whole lot of, uh or or Omitting that wouldn’t have a huge impact. Um Materials outside. Just looking more at that I. I kind of read it wrong initially. Um 3.5% of your block area or 10,000.

03:58:07,730	Whatever is the the highest That seems like it could be pretty restrictive on those smaller lots. Um I don’t know that those are just some some thoughts. II. I I think that you’re on the right path from my perspective that it’s an iterative approach and the the steps that you’ve taken have have gotten it closer to where it needs to be. And And hopefully, this next round will be there. Thank you Comm.

03:58:32,470	Johnson. Thank you, Comm. Johnson. Additional comments. And. It’d be even better if you stopped at city limits. But S. So as of now, the ETA is Coming here. If we just We Don’t have any say I? I understand the concerns and issues but Right. Now we have to deal with it.

03:58:55,030	If that were to change in the future, and this goes away fine. Um, but right now, I think we just have to just like this. This past agenda item? I think we handled that well. And. I think that the ETA has In a better spot because of that, So I, I I think that this is the right track right now.

03:59:16,430	OK, thank you. OK. We’ll have something to show you for your next meeting. Sounds. Good Daniel. Thank you so much to a juror. And with that I’m going to adjourn this meeting. Our next regular meeting is scheduled for June 26th commissioners. Thank you for your time. And staff. We got