00:00:07,567 spk_0: Welcome Today is July 15, 2025. It is 5:30 p.m. and we are in the Bosch Frelich meeting room at Van City Hall. Kimberly, could you please take the roll? 00:00:20,467 spk_1: Commissioners Hendra roar Schoburg Mayor Freli here. 00:00:28,367 spk_0: And now we will have Ashley Newman lead us in the Pledge of Allegiance. Please stand, remove all headgear. 00:00:40,000 spk_2: I pledge allegiance to the flag. United States To the republic. 00:00:52,166 spk_2: justice for all 00:00:57,467 spk_0: Thank you, Ashley. 00:01:02,166 spk_0: We have no announcements tonight, so we'll move on to the approval of the agenda. Look for a um Motion for approval of the agenda. 00:01:14,000 spk_0: We have a motion by Commissioner Brown. Second by Commissioner Schober. Any further discussion? Hearing none roll call. 00:01:23,066 spk_1: Commissioners Braun roar Schoburg. Hi John. Yes, Mayor. 00:01:30,166 spk_0: Yes, we'll move on to the minutes. Consider approval of the July 1st. 2025 board of City commission meeting minutes. 00:01:39,767 spk_3: I moved to approve the amendments from July 1st, 2025. 00:01:44,200 spk_0: Second. We have motion by Commissioner Roh second by Commissioner Heinon. Any further discussion? Hearing non roll call, 00:01:52,800 spk_1: Commissioner Roar. Schober, Hein. Yes, yes, Mayor Fairley, 00:01:59,166 spk_0: yes. We'll move on to public hearings. Item number one under public hearing. Consider the shop estate's 3rd edition preliminary plat, special use permit, and zone change. Rachel 00:02:28,367 spk_0: Is she just joining us by Zoom or? OK. 00:02:59,367 spk_0: Musical interlude. 00:03:03,600 spk_4: elevator music. 00:03:32,166 spk_5: I've got her on text too, commissioners. She's trying to talk, she says, but if it doesn't work, I'll take over. Or maybe she can jump in. Uh, good evening. The first one that we have is a consideration for a preliminary plat. This is a special use permit and zone change for Shof estate's 3rd edition. Um, this is to consider that the applicants are seeking to plot the subject property into two lots, one containing the shop and existing home, the other vacant. They're also seeking to rezone the existing home and shop from CB commercial to R7 residential, as well as requesting a non-enumerated special use permit for the shop. And this is for parking and the storage of a personal, um, commercial vehicle which technically wouldn't be allowed in the R7 district, so hence the no non-enumerated special use permit for that. um, this property is located at 2392 37th Street. Like you said, it's currently zone CB located in the ETA, uh, surrounded by properties that are undeveloped with the exception of farmstead to the east zoned agricultural, and then this area is identified in the future land use plan as a um commercial intersection. So the future Beltway corridor connecting the interstate to the, the north would go buy this property eventually, um, and we obviously don't know when that's gonna take place. Um, the applicant has also stated that the existing shop is utilized for personal use and not for business purpose, so. That's um that's the keys to this. um, this went to the planning and zoning. Back in Excuse me, I'm trying to find it here. In June, I do believe, and uh the request would be to prove that. Um, Yeah, excuse me, recommends approval of the chef state's preliminary plat approval of the non-enumerated special use permit as condition in the staff report and approval of the first consideration of the zone change ordinance 1472, um, under resolutions and ordinances, you say we obviously, um, my staff recommend to. To do this, are there any questions for me? 00:05:55,266 spk_4: Jordan, uh, just for some clarification for the folks at home, ETA, that's extended territorial area, correct, 00:06:02,467 spk_5: um, Mayor Frelick, Commissioner Sherber, yes, that's correct. 00:06:06,266 spk_4: OK, so this is largely in an agricultural area, but within that what 4 mile spread or whatever 00:06:12,867 spk_5: it 00:06:13,000 spk_4: is, 00:06:13,200 spk_5: yes, yeah, I think it's, uh, 2, I, I can't remember how many miles out, but on 37th Street. So 00:06:19,066 spk_4: and just one other question is the, the, the, the future. Um, Thirty-seventh Street, uh, I ran into the term looking at the uh packet today near to. Near, near to mid-term future, so that's basic basically up in the air. Is there a numerical 10 years or 5 years of fixed to that. 00:06:44,300 spk_5: Yeah, Mayor for the commissioner Schober, I, I don't think there's a time associated with it, but I, I know the NPO and, and, um, just the transportation planning and, and all of their work, they go out a long ways out, um, so they're, you know, obviously planning well into the future so I think that's part of it. Thank you. 00:07:05,200 spk_0: Is I Oh sorry, Rachel. 00:07:08,367 spk_5: We can hear you, Rachel. Go ahead. 00:07:10,266 spk_6: OK, no, sorry, I just wanted you all to be aware. I am here now. I can answer any questions as well. I apologize. I don't know what happened. I'm on my phone now and I can hear you guys, and you can hear me. 00:07:19,867 spk_0: Jordan, do you have the map there? 00:07:21,867 spk_5: Yeah, I was trying to find it, but of course I can't multitask, so give me a 00:07:26,700 spk_0: commissioner familiar as to where this is at. 00:07:32,000 spk_0: OK. Rachel, anything else? 00:07:38,767 spk_6: I, from what I caught, um, looking at the closed captioning, I do think that Jordan covered it all. The key to this is that SPU for that residential property, and it is tied very heavily um to the use of the vehicle as a res or as a personal vehicle only, um, with zero commercial use and sunsetting once it's been sold. Um, and I, I think as long as we can tie it to that, it should be OK. 00:08:05,266 spk_0: OK. Any other questions for Rachel or Jordan? If not, we will open the public hearing at this time. 00:08:16,767 spk_0: We are taking comments. On the estate's 3rd edition preliminary plat special use permit, and zone change. Any comments? 00:08:29,767 spk_0: Se call for comments. 00:08:33,667 spk_0: Third and final call for comments. Hearing none, the public hearing is closed, commissioners, if you could move to. Resolution and ordinances. Item number 4. 00:08:56,467 spk_0: First consideration of ordinance 1472 is zone change from CB commercial to R7. Residential for Lot 2 shop estate's 3rd edition. 00:09:09,467 spk_0: Rachel 00:09:12,767 spk_6: Yes. 00:09:16,800 spk_6: Um, this is the ordinance that would go with this. We would recommend that this be contingent on the approval of the final plat. 00:09:29,900 spk_0: OK. Commissioners 00:09:32,867 spk_4: I'll make a motion move to approve the first consideration of ordinance 1472 with consideration for the final plat. 00:09:44,867 spk_0: Second We have a motion by Commissioner Schober, a second by Commissioner Heinon. Any further discussion? 00:09:52,200 spk_7: Jordan, thanks for covering down. 00:09:57,967 spk_7: That's it. 00:09:58,900 spk_0: OK. No further discussion, roll call, please. 00:10:02,800 spk_1: Commissioner Schoberg, yes, yes, Brewer, Mayor Feli, 00:10:09,767 spk_0: yes. 00:10:12,567 spk_0: Move on to item #2 under public hearing. Consider a zone change from RM multifamily to a. PUD planned unit development for Clover Grove. Jordan or Rachel. 00:10:27,967 spk_0: Mayor, 11 00:10:28,867 spk_3: second, Mayor, uh, we have to have a motion on that first part, don't we? 00:10:32,166 spk_8: Right, yeah, so we still need a motion on the under the public hearing that agenda, doc. 00:10:36,867 spk_0: OK. 00:10:40,500 spk_7: I move to recommend approval of the preliminary plot for the shop estate's 3rd edition and the zone change from CB commercial to our 7 residential for lot 2 and approval of the non-enumerated special use permit as conditioned in the staff report 00:10:57,066 spk_0: Here we have a motion by Commissioner Brown, a second by Commissioner Schoberg. Any further discussion Roll call 00:11:06,567 spk_1: Commissioner Heins Bron Roar Schoburg Mayor. 00:11:13,667 spk_0: I will move on to item #2. 00:11:17,867 spk_0: Consider a zone change from RM multi-family to a PUD planned unit development for Clover Grove, Jordan. Well Rachel take it. Rachel. 00:11:30,667 spk_6: All right. So this item is a zone changed from RM multi-family to a PUD for Clover Grove. Um, so, evolution Planning and Design has submitted an application for a zone change, um, for Macedonia Hills government Lot 2, less outlet A in the northwest quarter of the northeast quarter of Section 3, Township 138 North Range 81 West. Um, the PUD, if granted, would be followed by plotting and approval of a phase subdivision plan. Staff and applicants, um, Met after this was originally tabled at the May 28th planning and zoning commission meeting to discuss changes to the PD application. The majority of those items were resolved between the two meetings. Um So the property itself is 14.82 acres. It's located at 151 19th Street Southeast. I'm not sure if there's someone in the room who might want to pull up a map. Um, I was going to do it on my computer and I again, I apologize. I'm not sure what's going on with my my computer today, but 00:12:35,300 spk_5: and we've got it. OK, perfect. 00:12:36,500 spk_6: The intent of the PUD um is for 57 entry-level single-family detached and duplex type home lots. So the R 3.2 zoning district serves as the basis for the PUD narrative. The adjacent properties to the west and north are zoned R7 residential single family. Property to the east is zoned R 3.2 residential single and two family, and the property to the south is zoned A. The future land use plan recommends low density residential land use on this property. So the proposed density of the PD is slightly higher than the future land use, but it is lower than the existing zoning. Um, they have been, everything's been properly advertised. The staff comments are extensive, so I'll go through them and try to be as clear as possible with them, um. This has been being worked on at the staff level for quite a while, and as noted, it did go to planning and zoning twice, um, so we did have additional conversation between those two planning and zoning commission meetings. So, access to the subdivision, um, will be from a new north-south local street on the west side of the property that's currently a 100 ft township right of way. Um, the applicant has proposed changing this to an 80 ft wide city right of way with a 40 ft back of curb local street with sidewalks and boulevards on the east side of the street. Um, so those will tie into the path that's on 19th. Interior access to the property. Um, and the individual home lots will be via a 50 or 51 ft access easement. So the provider plans are a little bit unclear. There's a few measurements in different locations, which would be clarified at time of plot with um a 31 ft street, a 5 ft boulevard, and a 5 ft sidewalk. Um, those would all be private. So, the applicants and staff have been in discussion, again, for quite a while regarding access management to the property. International Fire Code Appendix DE 107.1 allows for only one access per 30 houses, and it does require additional access points for additional units. So, the applicant only has one existing access, which is that new North-south public right of way on the west side of the development. And then any additional screen is that there is a um temporary access easement. On the east side of the property. So that would be a class 5 gravel emergency and temporary access, which would be able to be used to provide for temporary access to properties to the south. And then the applicant is recommending that it remain as an emergency access point. Um, so the applicant would like to see it be gated. Um, staff are recommending that it not be gated, um, and we are also recommending that it not be considered as a permanent access point in the future, which the applicant would like it to be considered. That is one of the, um, remaining points of, I would say, um, Non-agreement between the applicant and staff at this point is the future of that of that access. Um, but we didn't feel like that was a reason to hold this up, um, because we can deal with that still at the um plotting stage and at the development agreement, um, but we would not recommend that it be a permanent access point, and we would not recommend that it be gated. Um, so, we are recommending that the applicant only plot phase 2, which is south of the electric line. Perfect. Thank you. Exactly right, right where that arrow is right now. Um. And uh so everything south of of that would only be platted once east-west access to existing subdivisions becomes available. So the applicant has shown a viable plan to connect westward, but they don't have any agreements in place with the landowner at the moment. Um, so access is a bit of a concern, but phase one is completely self-sustaining, um, as far as access goes, and so that would be their first step. Um, interior utilities would be metered individually per unit and then privately owned and maintained by the HOA and finalized HOA documents would be provided at the time of final class. The PUD shows adequate park space that connects the development to 19th, and the applicant has noted that the park district plans to accept this space, um, so that should be plotted as a separate lot, and the park district should confirm acceptance at that final plot stage. And then, as far as phasing goes, again, the PUD would allow the ability to plot phase 1 and phase 2. 00:19:04,600 spk_6: Feet. At this point, um, We did get a question on whether there were any concerns from neighboring landowners. We have not received any comment um on that. And then they talked a little bit about snow removal, um, and noted that they will, they have a few different points at which they will dump snow, one of which is at the In northwest corner of that uh northeast cul-de-sac. Um, And then they talked a little bit about the applicant talked a little bit about that temporary access. Um, the planning and zoning commission did unanimously recommend approval for the zone change from RM multifamily to PUD for Clover Grove with the following conditions, which was planting of phase one and a master plan of phase two, and I can answer. 00:22:23,166 spk_9: Commissioners mayor. Good to be back. Uh, good to see everyone, and um we had a lot of discussions with staff and really like where we're going with this and uh we look forward to bringing attainable and, uh, workforce housing to Manan and. Um, I, I really just want to come up here and see if you guys have any questions and. Happy to answer them. 00:22:50,567 spk_3: Could you state your name, please? 00:22:52,000 spk_9: My name's Lucas Meyer. 00:22:57,967 spk_4: I guess I, I've voiced my biggest concern earlier to Mitch, and I'm happy with his answer, so. 00:23:07,100 spk_0: Any other questions for Lucas? OK, thank you, Lucas. Thank you guys. Second call for comments. 00:23:21,400 spk_0: Please state your name. 00:23:24,100 spk_10: Jean Lund We live in Macedonia on the west side and it seems like they're changing stuff. We were first told that this would not cross the Coulee over into Macedonia every time it snows we pug down there. We're not a major snow route, usually the four wheel drives or whatever will break it through, so I'm not sure now with this changing what you said east. Access. Are they going to come across to Macedonia? 00:23:53,600 spk_10: For an emergency, uh, for uh exit 2 just like going out on, uh, that farm to market road of the 19th. 00:24:01,200 spk_0: Let Jordan answer that for you. Right, 00:24:04,800 spk_5: excuse me stay here, stay here. I'll show you the map. So, um, and, and this is on the screen as well, but this road would be 19th and then your property is over here on the 00:24:15,667 spk_10: side, right across the yep, 00:24:18,300 spk_5: so that this would not be any, any part of that. 00:24:21,667 spk_10: So, so when you say east access, you're not coming 00:24:23,667 spk_5: across, no, not, not to the east to the north, yeah, 00:24:27,667 spk_10: OK, thank you, 00:24:29,100 spk_0: thank you, Gene. Any other comments? 00:24:35,767 spk_0: Hearing on the public hearing is closed. Commissioners 00:24:42,967 spk_0: What are your wishes? 00:24:46,300 spk_4: I'll move to recommend approval of zone change from RM multi-family to a PUD planned unit development with the following conditions plating of phase one and master plan of phase two. 00:24:58,100 spk_3: Second, 00:24:59,066 spk_0: we have a motion by Commissioner Schober, second by Commissioner Rohr. Any further discussion? Hearing done roll call, please. 00:25:08,000 spk_1: Commissioners Bra, yes, Roar. Schober, yes. Hi Sean, yes, Mayor Frai, 00:25:14,467 spk_0: yes, and with that, let us move on to uh item number 3 under resolution and ordinances. 00:25:28,500 spk_0: First consideration of ordinance 1471 is own change from RM residential to a PUD planned unit development for Clover Grove. Rachel 00:25:40,467 spk_6: Again, this is um just the ordinance that goes with this. It is fairly detailed as far as what the PUD uh it includes, but I would also again recommend um Approving this contingent on and not recording it until that platting and development agreement are done for the first phase. 00:26:02,467 spk_0: OK. Any more questions for Rachel? 00:26:09,367 spk_0: Hearing none, commissioners. 00:26:14,767 spk_11: I move to approve the first consideration of ordinance. 00:26:20,266 spk_11: contingent on the final plot approval. 00:26:25,767 spk_1: Second 00:26:27,200 spk_0: The motion by Commissioner Heinsho is second by Commissioner Rohr. Any further discussion? Hearing none, roll call, please. 00:26:37,767 spk_1: Commissioners roar, Schoburg, yes, hi, yes, Bron yes, Commissioner or Mayor Frelike, 00:26:45,467 spk_0: yes. Item number 3 in the public hearing, consider a zone change request from commercial, CB commercial to RMH residential for lots 3 through 6 block 2 Meadowlands subdivision, Rachel or Jordan. 00:27:04,000 spk_6: OK. Um, so this is a zone change request, um, as noted from CB commercial to RMH residential for lots 3 through 6, block 2 Meadowlands Subdivision. Um, so these are the three northernmost lots on the east side of 18th. Um, The existing Meadowlands development to the west is zoned RH and is a single lot manufactured home park. So, the proposed RMH zoning is intended for manufactured home units with fee simple lot ownership. Um, there is no proposed layout for you, um, as the applicant wanted to ensure that the zoning would be able to be approved prior to creating a layout. Um, they would like to have 40 to 50 lots. All access would be from 18th Avenue Southeast and would require at least 2 accesses based on the proposed number of lots. Um, so there is right of way for 18th Avenue Southeast. It extends from Memorial Highway down to 3rd Street Southeast. It is, I believe, partially developed, um. The initial plan envisioned commercial development along Memorial Highway and 3rd Street Southeast with right in, right out access. Um, lots along Memorial Highway are still zoned CB. The development's original approval relied heavily on the connection to Memorial Highway, which hasn't yet been developed. Um, To the north and south are zone CB commercial, to the west is zoned RH Residential Mobile Home Park. To the east is zoned MA Heavy commercial Light industrial and MB Heavy commercial Heavy industrial. The future land use plan designates this area for industrial use. No amendments have been made to alter the planned land uses, and an amendment um is not required at this time, given that the adjacent uses would not support industrial development on these properties. Um, the proposed land uses are unlikely to significantly impact the area, and they are similar to the uses to the west. The North Dakota DOT would need to require or would need to review any um modifications to the access along Memorial Highway, especially considering potential relocation of the intersection, given the current blood structure there. Construction of 18th Avenue would be required as part of the development of lots 3 through 6, with no building permits being able to be issued until the road construction is substantially complete. A layout and platting of the site would be required. All streets and utilities internal to the property would be privately owned and maintained via an HOA. There would need to be buffering on the east side of the property between lots 3 through 6 Meadowland subdivision and the industrially zoned Riverwood commercial Park. Um, so it either needs to be maintained or replaced as part of the development, kind of depending on um how that development is proposed. And then the connection of 18th into Memorial Highway would need to be completed as part of the 18th Avenue construction. Um, there are findings of fact in your packet. The majority of, um, those findings of fact essentially note that, um, this should be feasible, but all of them are contingent on that approved preliminary and finalplat development agreement and all roads being constructed to city standards, um. And that you need those those items, um, in order to um ensure that the proposed changes compatible and does not adversely affect public health, safety and general welfare. At the Planning and zoning commission public hearing, um, the engineer on the project, Abe Ulmer, spoke. Um, he noted that again, they, they wanted to make sure that the zone change would be approved before moving forward with the preliminary plot and layout for the property. Um, and then there were some conversations about the levee to the east and how the change in use would actually allow for better levee capacity, um, but there is no long-term levee planning in the area. And the planning and zoning commission unanimously recommended approval of the zone change of lots 3 through 6, the Meadowland subdivision from CB commercial to RMH residential, contingent on an approved preliminary and final plot, and approved development agreement, and all road standards and access management requirements being met, and I can answer any questions that you might have. 00:31:46,166 spk_0: Any questions for Rachel or Jordan? 00:31:50,300 spk_4: So, Rachel or Jordan, um, the old railroad, the elevated railroad track bed which has been abandoned. That is a separate entity separate of the levy, correct? Correct. 00:32:06,467 spk_6: Mm, I believe so. 00:32:09,367 spk_5: And it's up on the screen now if you wanna see what you're talking about too. 00:32:16,967 spk_0: Chief bits. 00:32:19,000 spk_6: You know, I might have spoken out of turn there. I'm going to allow someone else to answer that question. 00:32:26,400 spk_0: So, 00:32:27,367 spk_12: uh, Mayor commissioners, uh, that's correct. Uh, I do serve on the lower heart board, um, so what was your question in particular, Commissioner, 00:32:34,100 spk_4: that abandoned, uh, railroad track bed which is, is elevated, right? That is not, uh, part of the levee system. 00:32:45,066 spk_12: Mayor commissioner commissioner Schober, as we speak tonight, it is part of the certified levee system. It's under review as part of the levee project to hopefully have that. Uh, section decertified and removed, but as we speak today, it is considered part of our levee system currently. 00:33:05,567 spk_4: There can be no Construction or fixed items. Put within 50 ft of the toe of the dry side of the ***. 00:33:16,200 spk_12: Uh, Mr. Mayor, commissioner commissioner Schober, um, there's different, um, parameters for different structures, different facilities, but anything within 500 ft of the center line of the levee on the dry side needs to have review through the lower heart water resource district and possibly the corps of Engineers depending on what type of excavation or facility is being installed. So, and then the developer and uh the consultant engineer that. The developer has selected they're they're aware of this and we we're in coordination or communication with them on a couple other items related to the levee so they're aware and well versed in this so I I feel comfortable with continuing that relationship. 00:33:57,667 spk_4: That was the biggest purpose of the question is just to make everybody make sure everybody's aware of that distance factor. So, OK, thank you. 00:34:08,266 spk_0: Any more questions? 00:34:12,166 spk_0: Caring none We will open the public hearing at this time. Are there any comments? 00:34:21,467 spk_0: Please state your name. 00:34:23,567 spk_13: Good evening, Mayor and commissioners Abe Almer with Independent Land Surveying and Engineering, um, uh, the consultant engineer for, for this Meadowlands, um, zone change. Uh, just to touch on the levy issues. I've dealt with, uh, the core and the, the levy multiple times throughout the city of Manan. uh, we will go through all those, all those hoops that we have to jump through right now. We're actually going to looking. At the seepage study for the existing pond to the existing development to the west, uh, we're working with Laura Hart to get permission to actually drill some holes and do some soil boring tests just to get that seepage study done. Uh, so we are aware of all the, and anything that close, uh, like you said, within 500 ft, we'll have to do a full core study for any seepage studies or anything like that. So, uh, it will, it's definitely on the docket as one of the check mark boxes that we have to do. Uh, what we, what we're proposing tonight is literally to, to get a feel for, from you guys if you, if the RMH would be allowed in this, in this, um, area as a zone change before we spend a lot of money going down that road to for the, uh, survey, the preliminary plant, the final plat, the, the core studies, everything down the line, um. And, and what this would trigger would uh. It would trigger 18th Avenue to build 18th Avenue out to Memorial Highway. I have been in discussion with the, the district, uh, DOT District about connection. It would be a right in right only, right in, right out only onto Memorial Highway because of the median there, uh, and we would have to meet all the DOT standards for that connection as well. Uh, so really we're just looking to feel you guys out, uh, to see if RMH is possible in this area. If it is, uh, my developer will take the next step to go down that rabbit hole in, in the time and cost to do all the preliminary final plat and all the developers' agreement, everything that comes with it, 00:36:26,600 spk_0: so OK. 00:36:28,700 spk_13: Thank you, 00:36:29,066 spk_0: Abe. Any further questions for Abe? 00:36:32,967 spk_13: Thank you. 00:36:34,300 spk_0: Thank you. 00:36:37,100 spk_0: Any other comments? 00:36:42,100 spk_0: Third and final call for comments. Hearing none. The public hearing is closed. Commissioners 00:36:53,367 spk_4: I'll move to approve the zone change for lots 3 through 6 of Meadowlands Subdivision from CB commercial to RMH residential contingent on approved preliminary and final plat approved development agreement and all road standards and access management requirements being met. Second, 00:37:16,100 spk_0: We have a motion by Commissioner Schober, second by Commissioner Hensch. Any further discussion? Hearing Nunn roll call please. 00:37:26,767 spk_1: Commissioner Schoberg. Hi. Yes, Bron Roar. Mayor Furley. 00:37:32,867 spk_0: Yes, and with that we will move to resolution and ordinances item number 2. 00:37:41,367 spk_0: First consideration of ordinance 1470 is zone change from CB commercial to RMH residential Mobile Home Park District for lots 3 through 6 block 2 Meadowlands edition. Rachel or Jordan 00:37:58,000 spk_6: Again, this is just the ordinance, um, we would recommend that it be contingent on that um same approved preliminary and final plant. 00:38:13,066 spk_0: Any questions? If none were your wishes? 00:38:20,600 spk_11: I move to approve the first consideration of Ordinance 1470, uh, pending preliminary and final plot approval. 00:38:28,667 spk_0: Second. Motion by Commissioner Heinch is second by Commissioner Brown. Any further discussion hearing none roll call. 00:38:37,767 spk_1: Mrs. Hensch Braun Roar Schoburg Mayor Furley. 00:38:44,100 spk_0: Yes, 00:38:47,100 spk_0: Now we will move to item number 4. Consider building setback variants for lots 4 through 15, block 2 Mandan proper. Rachel. 00:38:58,166 spk_6: OK. I promise it's almost the last one for me. Um, so this is for uh BS Real Estate, LLC and Image dentistry requesting a building setback variants for lots 4 through 15, block 2 of Manan proper. Um, so this is colloquially known as the Hardee's Building, um. So, they are requesting consideration of the building setback variants from section 105-4-2.2C4, 00:39:28,600 spk_6: the city code of ordinances, which relates to front yard building setbacks in the downtown fringe district. Um, The properties around this property are zoned downtown core to the west, and downtown fringe to the northeast and south. Um, the future land use plan identifies this area as commercial. So, the applicant purchased the property in order to reuse the existing building, but they're not able to do so. Um, so they will be fully reconstructing the property, meaning that the property does not fall under non-conforming ordinances, um, which means they do have to come into compliance with existing codes. So, the downtown French district has a maximum setback of 25 ft allowed. Um, and the applicant is requesting a variance to allow for a 59 ft setback. Um, the way the ordinance is written, it's clearly written to disincentivize parking along the front of buildings in the downtown fringe, um, in order to provide a walkable environment, which is shown further by the requirement that the building entrances face the street. The buildings to either side of the property have varied setbacks. They don't provide clear guidance. Um, buildings to the west are built with a 0 or close to zero setbacks. Buildings to the south have a larger setback. One of the buildings to the east has a zero setback, and one has a larger setback. Um, and we're saying zero setback just as like uh no, it means like right at the property line. Um, other buildings on the same block have also been built with what appears to be a zero or minimal setback. So, um, we have some findings of fact that staff wrote, um, at the planning and zoning commission at public hearing, we did get a little bit of additional information from the owner and the engineer, who noted that one of their concerns is the main street access, um, which if they moved to the building forward, would, um, most likely be affected. And then also that they would have some drainage concerns, um. The engineer is in the room, so he might want to talk a little bit more about that, but Um, the. Um, If the building was pushed towards Main Street, it would create drainage watersheds, where in some kind of drainage pond would need to be put in in order to compensate for the larger flows going to that area. So, based on um The access limitations and drainage issues. The planning and zoning commission did recommend to approve the requested variants of the front yard setback, um, from a maximum of 25 ft to a maximum of 59 ft due to, again, that hardship that strict application of the provision of the zoning ordinance would deprive the property owner of reasonable use of the property due to access limitations and drainage issues, and they did um recommend to modify the staff findings of fact. And I can answer any questions. 00:42:25,166 spk_0: Any questions for Rachel? 00:42:28,400 spk_11: Rachel, um, with the, the building to the east today, the Capital Credit Union building, how far do we know how far back that setback is? 00:42:37,700 spk_6: Um, you know, Jordan pulled the records. I don't remember off the top of my head how far back it was. I do know that the variance was granted in May of 2011, um. 00:42:52,500 spk_6: there so there was a variance granted for it, I believe, let me pull up my map here. 00:42:59,500 spk_5: Mayor Frelier it was, it was 52 ft. So they're quite a bit further than what we have. So in the ordinance. 00:43:09,000 spk_0: Thank you. 00:43:14,667 spk_0: If there's no further questions for Rachel or Jordan. We will open the public hearing at this point. 00:43:26,166 spk_0: First call for comments. 00:43:39,000 spk_14: Good evening. My name is Doctor Leah Brady, and I'm the owner of Ideal Image Dentistry as well as BS Real Estate LLC. For the past 15 years, I've had the privilege to serve the Mandan community from our location on Main Street. Both as a health care provider and a small business owner, I am deeply committed to the vitality, visibility and economic health of Main Street, not only for my practice but for the broader community that we proudly support. The visibility from Main Street and the accessibility provided by a front facing parking lot are essential elements to my practice. Nearly 25% of my new patient growth is directly attributed to the exposure and ease of access. These factors help build trust with new patients, encourage walk-in traffic, and reinforce our image as a welcoming community focused health care provider. Moreover, the main street presence and accessible parking area are central to my broader vision of community engagement. These elements allow me to support and participate in long standing mandan traditions such as the Fourth of July parade by offering a space that welcomes residents beyond the aspects, uh, beyond the scope of dental care. This kind of outreach is a critical component of modern dental business plan cultivating relationships, enhancing visibility, and building goodwill among local residents. Our front entrance and parking area also facilitates collaboration with other local businesses and organizations, creating a flexible, inviting space that remains active during and beyond regular business hours. These connections not only strengthen our individual business but support the vitality and growth of the broader Main Street corridor. When BS Real Estate acquired the property, our intention was to remodel the existing structure to meet the needs of ideal image dentistry. While honoring the architectural and the functional norms of the downtown fringe zoning district, specifically a building that faces the main street and a parking lot in front. Unfortunately, the condition of the existing building required more extensive modifications than intentionally initially anticipated. This led us to pursue a full reconstruction of the site, however, compliance with the 20 ft. Maximum setback would force us to position the building directly adjacent to Main Street. Forcing the parking lot, the primary entrance to the rear or side of the building. As a result, the back of the structure would face Main Street, which is both counterintuitive and counterproductive to the core goals of being on Main Street in the first place. This undermines the sense of welcome, visibility, and accessibility that are vital for a patient centered business. 00:46:20,567 spk_14: Furthermore, repositioning the building to meet a 2525 ft setback would eliminate the use of the property's existing Main Street entrance. One of the primary benefits of the purchase forcing the sole reliance on alley access. This creates practical and safety concerns that are not suitable for a health care facility. It's also important to note that our property falls within the downtown fringe and not the downtown core where similar businesses have built and remodeled with significant setbacks for in front facing parking. Some notable examples include the Capital Credit Union, which is directly east to us, approximately 52 setback. The Senex, which is approximately 40 ft setback, Taco Johns, approximately 70 ft setback, manned and tire, approximately 52 setback, and Railway Credit Union approximately 70 73 ft setback. These businesses represent the established development pattern in the zone and demonstrate the greater setbacks with the front facing parking and not only appropriate but consistent with the surrounding environment. I'm pleased to share that the planning and zoning Commission has reviewed our proposal and recommended the approval of the requested setback experience. Their recommendation acknowledges that our proposed layout aligns with the character of the district and supports the long-term goals of the Main Street development. I respectfully request that you approve our variance requests for an increased setback. This allows us to retain a layout that supports our visibility, access and a role as a long-standing engaged member of the Mandan Business Committee. The main street presence in the front facing parking lot are not just conveniences. They are core to the continued success of my business and our shared vision for a thriving connected man down. Thank you for your time and consideration. 00:48:03,300 spk_0: Thank you. Any questions? 00:48:09,300 spk_0: OK, thank you. 00:48:12,467 spk_7: I move to approve the request requested variants of the front yard setback in the downtown fridge district for lots 4 through 15 and Manan proper from a maximum of 25 ft to a maximum of 59 ft. 00:48:25,900 spk_0: Mr. Brown, can you hold on one second? Sure. Are there any other comments? 00:48:32,867 spk_0: If not, 00:48:35,567 spk_3: I think this is 00:48:38,266 spk_0: it, hold it, OK. Are you still in a public hearing? I'm still in the public hearing. Should I close it? I'm gonna make 00:48:46,600 spk_0: OK, no other comments, public hearing is closed. 00:48:51,400 spk_0: And with that, Commissioner Brown, I beg your 00:48:53,400 spk_7: pardon, Mayor and commissioners. As as just stated. Or do I need to say it again? As just 00:49:01,567 spk_0: stated, does he need to say it again, Amy? 00:49:08,767 spk_8: Making your motion, Commissioner Brown, yes, yep, I would say it again. OK, very 00:49:13,567 spk_7: good. I move to approve the requested variants of the front yard setback in the downtown fridge district for lots 4 through 15, uh, man and proper from a maximum of 25 ft to a maximum of 59 ft. 00:49:30,667 spk_0: Second OK, we have a motion by Commissioner Brown. A second by Commissioner Schoberg discussion. Commissioner Rohr, 00:49:41,100 spk_3: OK, thank you, Mayor. I just wanna comment that I think a setback is, is more to maintain the aesthetics of how it looks uniformity with, you know, business downtown, and I see this, uh, this the aesthetics you are conflicting with the practical needs of the, the business and which can happen and but I understand the need for setback. Restrictions, but also when you look at that overall and how the downtown is configured, I, I think we have to look at the practicality of this business as, as well. 00:50:12,100 spk_0: I agree. 00:50:15,266 spk_0: Any further comments? Hearing none, roll call, please. 00:50:19,367 spk_1: Commissioners Braun Roar Schober, Hein, yes, Mayor Furley 00:50:25,100 spk_0: yes. Motion passes. We will move on to consider building setback variants for Lot 6 Landa subdivision. And that's a replat of lots 4 through 6. Rachel 00:50:42,767 spk_6: Last one for me. Um, OK, so this is a, uh, variance for lot 6 landau subdivision relat lots 4 through 6. so this is, um, a request from Um, the shafts, uh, to the building setbacks in the R7 residential zoning district, um, which is section 105-3-5E1A 00:51:11,367 spk_6: of the City Code of Ordinances. The property is located at 2145. 37th Street. There is a current 50 ft required setback from an arterial street, which is what 37th Street is designated as on the long range planning documents. Currently, however, 37th Street is a collector street and has a 35 ft required setback. So, the applicant is requesting a variance to allow for a garage building that currently exists at 39 ft from the property line. Um, to be torn down, rebuilt, and expanded into a second residential building that's already existing on the property. Um, so both the existing garage and the planned garage expansion will meet the required 35 ft setback for 37th Street as it's currently designated as a collector. Um, the properties surrounding the area are zoned are Southern residential and ag agriculture. Um, the future land use plan identifies the area as low density residential. Um, The findings of facts are in your packet. There were no comments at the planning and zoning commission, um, The planning and zoning commission did unanimously recommend approval of the requested variants from section 1053-5E1A, 00:52:31,400 spk_6: which requires that 50-foot front yard setback from an arterial roadway based on the existing designation of the road as a collector street with the required 35 ft setback, which both the existing and proposed building meet in which um collector Street is not likely to be improved in the near to mid-term future based on planning documents. Um, and I can answer any questions that you may have. 00:52:55,567 spk_0: Any questions for Rachel? 00:53:00,367 spk_0: OK, hearing none, we will open the uh public hearing. First call for comments. 00:53:13,800 spk_5: I feel like in in uh commissioners, just as an added note, as you can see on the Google Maps section, um, the structure we're talking about is basically on a dead-end road. So, uh, this is Central Dakota Humane Society over here to your right, um, which is why staff feels uh very comfortable with this decision, so. 00:53:38,367 spk_0: Thank you, Jordan. Second call for comments. 00:53:45,400 spk_0: Third and final call public hearing is closed. 00:53:50,667 spk_0: Commissioners 00:53:52,100 spk_7: Move to approve the requested variances from section 1053-5. 00:53:58,166 spk_7: Which requires a 50 ft front yard setback from an arterial roadway based on the existing designation of the road as a collector street with the required 35 ft setback. Which the existing and proposed building meet and is not likely to be improved in the near or mid-term future based planning documents. 00:54:19,367 spk_0: Second, We have a motion by Commissioner Brown, second by Commissioner Schoburg. Any further discussion? Hearing none roll call, please. 00:54:29,800 spk_1: Commissioner Roar. Yes, Schoburg. Yes, yes, yes, Mayor F. 00:54:36,600 spk_0: Yes. And Rachel I believe you're done for the night. Uh, there are no bids tonight. We'll move on to the consent agenda. Commissioners, are there any items you would like removed from the consent agenda? 00:54:54,467 spk_0: Hearing hearing none, what are your wishes? I 00:54:57,367 spk_3: move to approve the agenda items 123. Second 00:55:02,100 spk_0: motion by Commissioner Rohr. Second by Commissioner Hainan. Any further discussion, hearing none roll call. 00:55:09,166 spk_1: Schoburg. 00:55:11,867 spk_1: Hi Sean Braun er Mayor Furli, 00:55:15,567 spk_0: yes. Now we'll move on to old business. 00:55:21,100 spk_0: Consider a development agreement for the shores at Lakewood 2nd edition, 00:55:24,567 spk_15: Jared 00:55:28,467 spk_15: Administrator Neubauer had taken this item in previous meetings, but I'll do my best to, uh, to cover it, 00:55:36,600 spk_15: At the September 17th, uh, 2024 meeting, the city commission, um, approved a shores at Lakewood second edition Platt and PUD amendment, um, and both of those were contingent on the approval of a development agreement with the, uh, developer and the city city staff when and the developer have worked together and I think we've gone over about 8 versions of the development agreement since then. And, um, happy to say that we have resolved all of our issues. I think the last time that we met, the, um, unresolved issues included, um, the financing of the sanitary lift station, upfront costs related to the upgrade of a separate sanitary lift station, um, the length of length in terms of, uh, financing options for the street and stormwater improvements and the. Um, location of a grass collection site. Um, all of those have been worked through and, um, we are recommending approval of the development agreement as it, as it, uh, is presented, um, although I would note that, um, we did receive a, uh. A um Revised. PUD amendment um request from the developer today, so we might be coming back with that in the future. Um, just a little bit more language and a little bit more complications related to this, but. Um, I think. Ah, for tonight, the development agreement. Is um. Is uh Agreeable. And I would stand for any questions. I 00:57:29,000 spk_0: OK So is he asking changes to what we're about to agree on? 00:57:33,467 spk_15: No, not what we're about to agree on, but what has been approved in the past. 00:57:39,767 spk_15: So it would be, it was an amendment that was, that added more specificity to a um ordinance that was approved in 2022 actually. So, 00:57:52,100 spk_0: OK. Any other questions for Jarrek? 00:58:01,500 spk_0: Hearing none, what are your wishes, I move to approve 00:58:04,300 spk_11: the development agreement as presented. 00:58:08,066 spk_0: Motion by Commissioner Heinho a second by Commissioner Brown. Any further discussion? Hearing no roll call, 00:58:15,867 spk_1: Commissioner Hein, yes, yes, Roar Schoburg Mayor Flake. Yes, thank you Nicky Jerk 00:58:24,700 spk_0: on the new business, consider revision to the general fund balance policy, 00:58:30,266 spk_16: Greg. Good evening, Mayor commissioners. Um, the city's general fund balance policy was originally adopted, uh, in 2011 in accordance with governmental accounting standards. Uh, the purpose of the fund balance policy is to establish guidelines for maintaining an adequate fund balance or operating cash reserve in the city's general fund. A healthy fund balance or operating cash reserve ensures financial stability. Provides for an unanticipated expenditures, mitigates revenue shortfalls, supports cash flow needs, and maintains the city's credit worthiness. Currently, the city maintains a minimum fund balance or operating cash reserve of 17% of operating expenditures in the general fund. This percentage is consistent with the government finance officers association best practice, which recommends no less than 2 months of operating expenditures. The city's fund balance policy is to be to be reviewed periodically and updated as necessary to reflect current best practices in the city's fiscal environment. Due to the recent passage of North Dakota House Bill 1176, which created a property tax cap for local governments in the state, local governments may need to find other revenue sources or to utilize fund balance or operating cash reserves to pay for essential public services on an annual basis. Consequently, the property tax cap could impact the bond rating for local governments in North Dakota since available fund balance and cash reserve ratios comprise a significant portion of the local government's credit rating. To address this potential concern, the budget and Finance Committee at the city's long term financial planning working session on May 27 recommended increasing the city's minimum fund balance or operating cash reserve from 17% to 25% of operating expenditures in the general fund. The goal is to strengthen the city's current credit rating by increasing the minimum reserve percentage in the general fund due to the uncertainty and how the credit rating agencies will view the limitation of property tax collections for local governments in North Dakota. By maintaining the city's credit rating, the city is able to borrow funds in the bond market at the lowest possible cost, which in turn benefits property owners for their special assessment projects through lower interest rates from the city. Uh, so therefore, before you as a revision of the city's general fund balance policy for your approval, and I will stand for any comments or questions that you may have. 01:01:31,200 spk_0: Any questions for Gregg? 01:01:37,266 spk_0: Carry none, thank you, Gregg. Commissioners, 01:01:40,467 spk_3: I move to approve the revision to the general fund balance policy. Second 01:01:46,967 spk_0: Motion by Commissioner Roar, second by Commissioner Brown. Any further discussion? Hearing none roll 01:01:53,367 spk_1: call. Commissioner Brawn. Yes, roar. Schober, yes, yes, and Mayor, 01:02:01,100 spk_0: yes. We'll move on to resolution and ordinances. Gregg, first consideration of Ordinance 1469, an ordinance to amend and reenact Section 22-22 of the Mandan Code of Ordinances relating to city sales, use, and gross receipt tax under the Home Rule charter of the City of Manan. 01:02:27,367 spk_16: Mayor commissioners, um, since City administrator Neubauer is not with us this evening, uh, he has asked me to carry this ordinance revision. Uh, to you, uh, just some background on this ordinance in June of 2024, voters approved a half cent city sales tax of that, 30s was specifically designated for public safety equipment, police and fire, vehicles, and city hall accessibility improvements. Recently, the city commission approved the submittal of a federal grant application to fund six new firefighter positions. This grant includes a local match requirement and eventually the full funding of these positions must transition to local source uh sources of revenue. Due to recent changes in North Dakota law affecting the use of property tax revenue, the necessary local match funding could come from property taxes. As a result, staff recommends the use of the public safety portion of the sales tax to meet these match requirements to enable this to enable this use, an amendment of the original sales tax initiative is proposed. This amendment would authorize the sales tax funds to to be used for staffing costs related to new sworn police officer and career firefighter positions created on or after January 1 of 2025. If successfully amended in addition to the already permitted expenditures, these funds would then be available to offset these personnel costs. This approach has been discussed at multiple long range financial planning meetings and alliance with the city's ongoing commitment to public safety and fiscal responsibility. Uh, therefore, before you commissioners, uh, the, the wordage change, um, that's recommended to the sales tax ordinance would be to include sworn police officer and career firefighter personnel positions created on or after January 1 of 2025. And I stand for any questions that you may have. 01:04:35,767 spk_0: Any questions for Greg? This 01:04:37,700 spk_4: pertains strictly to new. Additional Positions 01:04:44,000 spk_16: Mayor Frele Commissioner Schober correct it would be uh new positions that are created on or after January 1. It would not be uh positions that were already in place before that date. 01:04:56,867 spk_4: So positions opening up due to attrition retirement resignation so on would not pertain to this change 01:05:04,266 spk_16: only if those uh positions were as a result of new positions that were created. So if let's say um. George was hired. In February of this year and he were to leave, that would be a newly created position that. That position when it's refilled would be paid by these sales tax dollars because the original position was newly created at that time. 01:05:33,266 spk_0: Thank you. 01:05:36,867 spk_0: Any other questions for Greg? 01:05:40,467 spk_0: Thank you, Greg. Commissioners. 01:05:44,266 spk_4: I'll move to approve the first consideration of ordinance 1469. Second 01:05:50,567 spk_0: Motion by Commissioner Schoberg is seconded by Commissioner Brown. Any further discussion hearing none. Kim, could you please take the roll call, 01:06:00,066 spk_1: Commissioners roar. Schober, yes. Hi Sean. Yes, yes, and Mayor Frelick. 01:06:07,367 spk_0: Yes. Now we will move to other business. Jerk will give us an update on the Projects around Bad. Yes, 01:06:20,266 spk_15: thank you. Um, gonna go over, I think 7 projects that we have going on right now. Uh, top of the list and top of the mind is Memorial Highway. Um, we're expecting traffic to move over to a temporary, temporary paved road, um, from 46th Avenue to just east of 40th Avenue. Um, get everybody a good look. At The temporary road paving that's going on here. And basically the plan with this would be to flip traffic over to this temporary road so that removals could occur on the, the road that people are currently using and then the plan would be that traffic would be on temporary road surfaces for the remainder of the project, um, while, while it gets reconstructed. Um, something, some other items that are happening, uh, KISS or the lift station or the lift sanitary lift station near KISS, uh, underground structures are installed. Um, and then 21st Street, there's a stormwater structure that's also being, that's also being installed. Um, if you've driven down there, it's pretty massive. Um, this is just, uh, another. Good visualization of some of the progress that's happening on the project. 01:07:43,900 spk_15: Um, Our water treatment plant phase 3 optimization project. Um, Swanberg has installed new discharge piping for the groundwater lift station up, up there and excavated for the new CO2 tank slab. Um, Collins Avenue Reservoir, we completed pipe encasements for the new tank and set a new vault, and they completed the 20-inch tie-in. Um, we're planning on their beginning form work, and we're planning on a concrete slab, monolithic concrete slab placement on July 22nd, which should be, um, Uh, fairly unique in its construction, and I did bring this up, I think at the last construction update, but the, uh, uh, TV or the, uh, monitors weren't working at the time, but I just wanted to show this off. This project is up and over the ridge of that retaining wall, so not a lot of people get to see what's going on up there, um, and this just gives a really good view of, uh. Some of the progress. 01:08:51,000 spk_15: Carrying on. Um, our 2025 reconstruction project up near Lewis and Clark Elementary, um, near Monte Drive, uh, the 24 inch water main installation along Sixth Avenue is nearly complete, um, and it will continue up Monty Drive after that. And then, um, we're expecting pipe bursting operations to start, uh, later this week. 01:09:15,166 spk_15: On our 2024 reconstruction project. Um, we have water main installation, um, nearly, nearing completion over in the lows straighter area. We only have 3 blocks remaining. Um, road reconstruction and concrete repairs are going on, uh, following that, uh, underground crew, and we're expected to wrap up this fall. Uh, for the rapid rectangular flashing beacons, uh, the crossing location at Second Avenue Northwest is 100% complete. Um, the location at, at, uh, Saint Joe's is about 80% complete. That's kind of a Uh, just representative of there being, um, some earthwork and seeding and stuff that still needs to take place there. Raging Rivers, all of the sidewalk on the west side of 46 has, uh, been installed and the ramp itself needs to, uh, be installed now. And then, uh, the location at Custer Elementary, about 50% complete. Uh, if people notice, traffic has been, uh, flip-flopped. Uh, and work is going to begin on the south side of the roadway. I'm gonna open up. A visualization for this one as well. If I can. Uh, and westbound, uh, First Street isn't being affected, but eastbound First Street, um, will be rerouted around the block, um, so for that work to, to, uh, take place safely. Um, if there's any questions that you have on any other projects, I can do my best to answer those questions. 01:10:53,567 spk_0: Any questions? 01:10:56,467 spk_0: Thank you, Jerk. 01:11:00,467 spk_0: And with that, we'll move on to future meeting dates for the board of City commission. Next meeting is August 5, 2025 at 5:30 p.m. August 19th, 2025 at 5:30 p.m. September 2nd, 2025 at 5 p.m. And with that no other business. Be kind to your neighbor and it's onward and upward man down. Meeting is adjourned.