BISMARCK PLANNING AND ZONING COMMISSION

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					             BISMARCK PLANNING AND ZONING COMMISSION
                         MEETING MINUTES
                           JULY 27, 2005

        The Bismarck Planning and Zoning Commission met on July 27, 2005 at 5:00
p.m. in the Tom Baker Meeting Room in the City-County Building, 221 North 5th Street.
Chairman Blackstead presided.

        Commissioners present were Mel Bullinger, Jo Conmy, Jack Hegedus, Curt
Juhala, Doug Lee, Harvey Schilling, Doug Schonert, John Warford, Wayne Yeager and
Dave Blackstead.

       Commissioner Wangler was absent.

       Staff members present were Carl Hokenstad – City/County Planner, Kim Lee –
Planner, Gregg Greenquist – Planner, Charlie Whitman – City Attorney, Bill Augustadt –
Building Official and Diana Nadeau – Office Assistant.

        Others present were Eldon Krein – Bis-Man HBA, David Patience – PO Box
1135, Jason Kovnesky, Steve McArthur, Terry Rundle & Kevin Warner – 81 West Park,
Butte, MT, Barb Kersten & Marcie Conmy-Fisher – 2001 Lee Avenue, Jesse Wilkinson –
729 West Granite, Butte, MT, Darla & Bill Steidler – 9400 Darin Drive, Lloyd Krein –
1030 Airport Road, LeWayne Krein – 8700 Creekside Drive, Janel Britton – 5131
Redcoat Loop, Jessica Messmer – 2001 Lee Avenue, John F. Sullivan III – 925 Brandon
Street, Walter G. Fredrickson – 3445 County Road 139, Joe Cichy – 115 North 4th Street,
Rod Ekroth – 4330 England Street, Pat Schweitzer – 2732 North 9th Street, Sidney
Bergan – 130 West Edmonton, Tom Storick – 1517 Northview Lane, Carol Christianson
– 1731 Hamburg Drive, Jean & Kristina Leuwer – PO Box 293, Irene Webster – 7314
Chrisan Boulevard, Fargo, Linda Visocksy – 308 5th Avenue NW, Minot, Clyde Wetsch
– 217 North 23rd Street, Al Czeczok – 1537 Columbia Drive and Bobbie Jo Sollie – 154
9th Avenue SE, Mandan.

MINUTES

       Chairman Blackstead called for consideration of the June 22, 2005 meeting
minutes.

MOTION. Commissioner Conmy made a motion to approve the minutes of the
     June 22, 2005 meeting. Commissioner Yeager seconded the motion and it was
     unanimously approved with Commissioners Bullinger, Conmy, Hegedus, Juhala,
     Lee, Schilling, Schonert, Yeager and Blackstead voting in favor of the motion.

CONSIDERATIONS –
ZONING CHANGE & PRELIMINARY PLAT – KOCH ADDITION
ZONING CHANGE – PART OF L1, B2, BRANDON HEIGHTS SECOND
     ADDITION
ZONING CHANGE – PARTS OF ORIGINAL PLAT, NORTHERN PACIFIC
     ADDITION AND NORTHERN PACIFIC SECOND ADDITION
ZONING ORDINANCE TEXT AMENDMENT – SPECIAL USES
                                                           Bismarck Planning & Zoning Commission
                                                       Meeting Minutes – July 27, 2005 – Page 1 of 10
       (CEMETERIES/CREMATORIUMS)

       Chairman Blackstead called for consideration of the following items:

       ● A zoning change from RM(15)-Residential and RM(30)-Residential to
         RM(15)-Residential and a preliminary plat for Koch Addition located on the
         north side of Calgary Avenue East, one-half mile east of US Highway 83.

       ● A zoning change from P-Public to R10-Residential for part of Lot 1, Block 2,
         Brandon Heights Second Addition located along the north side of Calgary
         Avenue west of Ridgecrest Drive.

        ● A zoning change from RM(30)-Residential, RT-Residential, CA-Commercial,
          CB-Commercial, CG-Commercial and HM-Medical to DC-Downtown Core
          and DF-Downtown Fringe located in an area generally bounded by
          Washington Street on the west, West Avenue B on the north, 9th Street on the
          east and the BNSF railroad tracks on the south, and including parts of Original
          Plat, Northern Pacific Addition and Northern Pacific Second Addition.

       ● A zoning ordinance text amendment relative to special uses (cemeteries/
         crematoriums). The ordinance would allow crematoriums as an accessory use
         to a cemetery with a special use permit.

MOTION. Commissioner Schilling made a motion to schedule public hearings and grant
     tentative approval for the zoning change from RM(15)-Residential and RM(30)-
     Residential to RM(15)-Residential and the preliminary plat for Koch Addition;
     the zoning change from P-Public to R10-Residential on part of Lot 1, Block 2,
     Brandon Heights Second Addition; the zoning change from RM(30)-Residential,
     RT-Residential, CA-Commercial, CB-Commercial, CG-Commercial and HM-
     Medical to DC-Downtown Core and DF-Downtown Fringe; and the zoning
     ordinance text amendment relative to special uses (cemeteries/crematoriums).
     Commissioner Yeager seconded the motion and it was unanimously approved
     with Commissioners Bullinger, Conmy, Hegedus, Juhala, Lee, Schilling,
     Schonert, Yeager and Blackstead voting in favor of the motion.

PUBLIC HEARING – MINOR SUBDIVISION FINAL PLAT
WACHTER’S ADDITION REPLAT (REPLAT OF PART OF LOT 10, BLOCK 4)

        Chairman Blackstead called for the public hearing for the minor subdivision final
plat for Wachter’s Addition Replat (replat of part of Lot 10, Block 4) located in the area
that includes the former Marshall Fields store and surrounding parking areas.

       Mr. Greenquist stated that the Traffic Impact Study has been submitted to
Bismarck City Engineering so staff is recommending approval of the request with the
understanding that the Traffic Impact Study has to be approved by Bismarck City
Engineering and the ND DOT.

MOTION. Commissioner Yeager made a motion to approve the minor subdivision final

                                                              Bismarck Planning & Zoning Commission
                                                          Meeting Minutes – July 27, 2005 – Page 2 of 10
       plat for Wachter’s Addition Replat (replat of part of Lot 10, Block 4) and forward
       it to the Board of City Commissioners with a favorable recommendation.
       Commissioner Hegedus seconded the motion and it was approved with
       Commissioners Bullinger, Conmy, Hegedus, Juhala, Lee, Schilling, Schonert,
       Yeager and Blackstead voting in favor of the motion.

PUBLIC HEARING – ZONING CHANGE
LOT 7, BLOCK 1, IMPERIAL VALLEY SUBDIVISION

       Chairman Blackstead stated this request was withdrawn by the applicant.

PUBLIC HEARING – FINAL PLAT
SECLUDED ACRES THIRD SUBDIVISION

       Chairman Blackstead called for the public hearing for the final plat for Secluded
Acres Third Subdivision. The property is located west of Washington Street South and
north of 48th Avenue SW along Thornburg Drive.

       Ms. Lee stated that staff recommends approval of the final plat and granting a
waiver from the ghost platting requirements.

MOTION. Commissioner Hegedus made a motion to approve the final plat for Secluded
     Acres Third Subdivision and grant a waiver from the ghost platting requirement
     and forward it to the Board of City Commissioners with a favorable
     recommendation. Commissioner Juhala seconded the motion and it was
     unanimously approved with Commissioners Bullinger, Conmy, Hegedus, Juhala,
     Lee, Schilling, Schonert, Warford, Yeager and Blackstead.

PUBLIC HEARING – ZONING CHANGE & FINAL PLAT
METRO INDUSTRIAL PARK SECOND SUBDIVISION

       Chairman Blackstead called for the public hearings for the zoning change from A-
Agricultural to MA-Industrial and the final plat for Metro Industrial Park Second
Subdivision. The property is located along the west side of Highway 1804 south of
United Tribes Technical College.

        Ms. Lee stated staff recommends approval of the requests and granting waivers
from the ghost platting/preservation of future right-of-way and paving of interior
roadways requirements; and with the understanding that the plat will not be forwarded to
the City Commission for final action until an access easement has been obtained or
property acquired to connect Centurion Drive in Metro Industrial Park with this
subdivision.

MOTION. Commissioner Schonert made a motion to approve the zoning change from
     A-Agricultural to MA-Industrial and the final plat for Metro Industrial Park
     Second Subdivision; granting waivers from the ghost platting/preservation of
     future right-of-way and paving of interior roadways requirements; and with the
     understanding that the plat will not be forwarded to the City Commission for final
     action until an access easement has been obtained or property acquired to connect
                                                             Bismarck Planning & Zoning Commission
                                                         Meeting Minutes – July 27, 2005 – Page 3 of 10
       Centurion Drive in Metro Industrial Park with this subdivision and forward them
       to the Board of City Commissioners when the above requirement has been met.
       Commissioner Conmy seconded the motion and it was unanimously approved
       with Commissioners Bullinger, Conmy, Hegedus, Juhala, Lee, Schilling,
       Schonert, Warford, Yeager and Blackstead voting in favor of the motion.

PUBLIC HEARING – MAJOR PUD AMENDMENT
LOTS 5 & 6, BLOCK 1, AIRPORT INDUSTRIAL PARK FIRST ADDITION

       Chairman Blackstead called for the public hearing for the major PUD-Planned
Unit Development amendment for Lots 5 & 6, Block 1, Airport Industrial Park First
Addition. The property is located along the south side of Lee Avenue between Airport
Road and South 22nd Street (2001 Lee Avenue).

        Ms. Lee stated staff recognizes the fact that there is a need for additional beds in
this type of facility within the community and staff recommends approval of the request
which will allow an expansion of a residential transition center for adult offenders from
50 beds to 138 beds and the construction of a two-story addition, as described in the
materials submitted in conjunction with the request and with the understanding that
adequate off-street parking will be provided.

        Mr. Jason Kovnesky, Director of Development & Administration for CCCS, did a
powerpoint demonstration for the Commission. He stated that a revised site plan has 28
off-street parking spaces. He feels that a mitigating factor that would not require 30
spaces is that the staff is not there all at the same time because this is a 24-hour operation.

MOTION. Commissioner Hegedus made a motion to approve the major PUD-Planned
     Unit Development for Lots 5 & 6, Block 1, Airport Industrial Park First Addition
     to allow an expansion of a residential transition center for adult offenders from 50
     beds to 138 beds and the construction of a two-story addition provided that 28 off-
     street parking spaces are provided. Commissioner Schilling seconded the motion
     and it was unanimously approved with Commissioners Bullinger, Conmy,
     Hegedus, Juhala, Lee, Schilling, Schonert, Warford, Yeager and Blackstead
     voting in favor of the motion.

PUBLIC HEARING – SPECIAL USE PERMIT
LOTS 1-3 AND PART OF LOT 4, BLOCK 7, WACHTER’S ADDITION

        Chairman Blackstead called for the public hearing for the special use permit to
allow the installation of a free-standing drive-through ATM machine on Lots 1-3 and part
of Lot 4, Block 7, Wachter’s Addition. The property is located along the east side of 7th
Street South between Arbor Avenue and Bismarck Expressway.

        Ms. Lee stated that the site plan has been revised since the last meeting. With the
revisions, staff recommends approval of the request, with the following conditions: 1.
Development of the site shall generally conform to the modified site plan submitted in
conjunction with the request for reconsideration of the special use permit; and 2. If any
conflicts between the ATM traffic and traffic on South 7th Street arise in the future, the
site must be modified as required by the City Engineer.
                                                                 Bismarck Planning & Zoning Commission
                                                             Meeting Minutes – July 27, 2005 – Page 4 of 10
MOTION. Commissioner Warford made a motion to approve the special use permit to
     allow the installation of a free-standing drive-through ATM machine on Lots 1-3
     and part of Lot 4, Block 7, Wachter’s Addition, with the following conditions: 1.
     Development of the site shall generally conform to the modified site plan
     submitted in conjunction with the request for reconsideration of the special use
     permit; and 2. If any conflicts between the ATM traffic and traffic on South 7th
     Street arise in the future, the site must be modified as required by the City
     Engineer. Commissioner Schonert seconded the motion and it was unanimously
     approved with Commissioners Bullinger, Conmy, Hegedus, Juhala, Lee,
     Schilling, Schonert, Warford, Yeager and Blackstead voting in favor of the
     motion.

PUBLIC HEARING – ZONING ORDINANCE TEXT AMENDMENT
RT ZONING DISTRICT – RETAIL SALES

         Chairman Blackstead called for the public hearing for the zoning ordinance text
amendment relative to RT Zoning District – Retail Sales. The amendment would create a
provision to allow limited retail sales in conjunction with a permitted use within this
district, such as the sale of skin care products by a plastic surgeon or hair care products
by a hair salon.

       Mr. Greenquist stated staff recommends approval of the request.

MOTION. Commissioner Juhala made a motion to approve the zoning ordinance text
     amendment relative to RT Zoning District – Retail Sales and forward it to the
     Board of City Commissioners with a favorable recommendation. Commissioner
     Lee seconded the motion and it was unanimously approved with Commissioners
     Bullinger, Conmy, Hegedus, Juhala, Lee, Schilling, Schonert, Warford, Yeager
     and Blackstead voting in favor of the motion.

PUBLIC HEARING – ZONING ORDINANCE TEXT AMENDMENT
PORTABLE STORAGE STANDARDS

        Chairman Blackstead called for the public hearing for the zoning ordinance text
amendment relative to portable storage standards. The amendment would create
regulations for portable storage units.

       Commissioner Schilling excused himself from the table.

       Mr. Greenquist stated the proposed ordinance to regulate portable storage
containers was created by a directive from the Board of City Commissioners after they
began receiving complaints from the residents of this city. This process began over a
year ago. A committee was formed to work out the language of the ordinance and it has
gone through several drafts and revisions. The committee met with representatives of the
portable storage container industry to discuss their concerns and consider their
recommendations. There are several purposes for the proposed ordinance:
    - There is the aesthetic consideration and complaints from city residents that they
       are eyesores
                                                              Bismarck Planning & Zoning Commission
                                                          Meeting Minutes – July 27, 2005 – Page 5 of 10
   -    There is the level playing field consideration – that someone can construct a
        permanent warehouse building for rent or lease, and pay their fair share of taxes
        on the building and contribute to the city
    - and another person can buy the vacant property next door and haul in containers,
        and rent them out for storage, and avoid paying taxes and create an eyesore.
    - So what is the incentive for anybody to construct a permanent warehouse facility?
The cornerstone statement in the proposed ordinance is this: A container used in lieu of a
permanent building is not allowed. The way it is now, containers can be plopped down
anywhere and often are. They are dropped off in parking lots and cover up required
parking spaces and just sit there sometimes for several years. They are often placed in
building setback areas where a building wouldn’t be allowed. They are placed in sight
triangles at street intersections affecting the visibility of drivers. There are a multitude of
problems. Rather than building an addition onto an existing business to expand the
floorspace and storage area, businesses are simply using these containers for inventory
storage. There is no incentive for them to build a permanent structure. Evidently a
petition has been circulated to object to this proposed ordinance. Our office has received
several phone calls from people who have been asked to sign the petition. People have
asked if their stock car trailer would be illegal. The answer is no. Trailers being used for
transport are not trailers being used in lieu of a permanent building. Trucking businesses
have called, worried that their semi trailers will be illegal. Trailers being used for
transport are not trailers being used in lieu of a permanent building. The local siding and
roofing contractors are concerned because the ordinance says contractors are exempt
when they are working on projects with a building permit and siding and roofing jobs
don’t require permits. The statement in the ordinance that supersedes the building permit
clause is the cornerstone language that Containers used in lieu of a permanent building
are not allowed. At the beginning of the ordinance there is a long definition to clarify
what a container is. This is not a list of things that would be violations. I think that’s
where a lot of the confusion comes from. The purpose and intent of the proposed
ordinance is based on how and where containers are being used. It is the use that would
determine whether or not a container is allowed. A container used in lieu of a permanent
building would not be allowed. Contractor’s trailers being used on a job site are allowed.
Containers being used for moving are allowed for a period of 30-days. Parking lot
truckload sales are allowed for a week. Semi trailers being used for transport are
allowed. For these types of allowed uses the locations are regulated: They can’t be in a
landscaping or buffer yard. They can’t be in a sight triangle at intersections.
They are subject to the fire code and can’t block hydrants. Mr. Greenquist then showed
several photos to illustrate what types of container uses would be allowed and what types
of uses would not be allowed under the proposed ordinance. Then in closing, Greenquist
continued: When a planner starts talking about aesthetics, some people will roll their eyes
and think this is a lofty, abstract ideal. But there is a direct economic impact of aesthetics.
An attractive community attracts growth. People want to live in an attractive community
and businesses want to locate there as well. There are strong economic reasons for
maintaining the aesthetics and attractiveness of this community.

        Mr. Joe Cichy, an attorney representing Port-A-Storage, stated his opposition to
this ordinance. It is too restrictive. The Committee that was formed allowed little input
into creating the ordinance by owners of storage containers. There was no give and take
amongst the committee. The committee’s attitude was the basis for the ordinance was
that portable storage containers are eyesores and there is no taxes being received. He
                                                                 Bismarck Planning & Zoning Commission
                                                             Meeting Minutes – July 27, 2005 – Page 6 of 10
believes that the ordinance is anti-business. A petition with between 800 and 900
signatures on it was received. He felt this ordinance would adversely affect the
Commerce Center also. This ordinance penalizes existing businesses that have no room
for expansion, and have seasonal sales. He added that with all the big box retail coming
to the City these smaller businesses may go out of business. He feels that a new
committee should be formed and has more owners of storage containers and businesses
that use them.

        Mr. Steve Herman, Action Movers and portable storage, agrees there needs to be
regulation but questioned who determines the length of time and whether the trailers are
for transport or storage. There was only one meeting last year and very short notice was
given for the meeting. He also wondered if storage containers would be allowed in MA
and MB Districts.

     Commissioner Hegedus stated that containers would not be allowed in
commercial areas but could be allowed in the industrial zoning districts.

      Mr. Augustadt stated that trucking and freight terminals are an allowed use in MA
and MB Districts and there are no time limits for the containers.

        Mr. David Jensen, City Commissioner, stated he is concerned with semi-trailers in
parking lots at grocery stores for sales. He added that the solution was simple – the
containers should have wheels and be outside the extraterritorial area so they are not
taking parking spaces. Storage units should be permitted on permanent foundations only.

        Commissioner Schonert questioned where these containers could go in the County
and stated that there was no place for them there either.

       Mr. Pat Schweitzer stated he has a small plumbing business in an industrial area
and questioned where he would place his semi-trailer. He felt the ordinance was too
vague and questioned who would interpret the ordinance.

        Mr. Sidney Bergan stated that most of the containers are pretty nice and look
better than junk.

      Mr. Tom Storey stated that a possible solution to having a level playing field
would be to tax the storage units rather than eliminating them.

       Mr. Greenquist stated that the original ordinance would have required a permit fee
based on the size of the unit and with a time limit – that was rejected by the Committee
when they met.

        Mr. Al Czeczok, Dakota Boys & Girls Ranch Thrift Shores, have trailers that are
backed into the loading dock for approximately thirty days, if the trailers can only be
there for 48 hours then the thrift stores will go out of business because each trailer on an
average would cost $3,300 a month to put in the landfill.

        Mr. Greenquist stated that the ordinance would not affect this business because it
is in an industrial area.
                                                                Bismarck Planning & Zoning Commission
                                                            Meeting Minutes – July 27, 2005 – Page 7 of 10
       Mr. John Sullivan stated that half his business is residential homes storing their
belongings in vans anywhere from two weeks to six months. He wondered if he was
supposed to move his business to Mandan or Morton County. He stated that when talk is
about even playing fields DOT licenses need to be considered. He added that there was
no give and take with the last committee that was formed to address this issue.

       Commissioner Hegedus stated he was at the meeting and there was give and take
involved.

       Mr. Sullivan added that the issue should be revisited and he didn’t want to argue.

     Mr. Bill Augustadt stated that ordinance states the containers can be in CG-
Commercial zoning for 48 hours, industrial zoning is not an issue.

       Commissioner Schonert felt there was not enough input and that the Planning
Commission should not dictate to businesses that they have to provide permanent
buildings. Smaller owners may not be able to afford or have the space to expand. There
needs to be flexibility in the ordinance. He suggested maybe allowing short term
seasonal use of the containers.

       Commissioner Hegedus stated that one season leads to another and the problem is
never ending.

        Commissioner Schonert stated that businesses want flexibility and they should be
able to give more input.

        Commissioner Warford stated we should take pride in the community, keep it
clean, orderly and business friendly. He stated that if 800 or 900 people signed a petition
against the ordinance that more input needs to be addressed from the business
community. He feels there should be some way to level the playing field.

MOTION. Commissioner Schonert made a motion to re-form a committee for further
     study with more business people and storage container people on it and then bring
     the ordinance back at a future date. Commissioner Juhala seconded the motion
     and it was unanimously approved with Commissioners Bullinger, Conmy,
     Hegedus, Juhala, Lee, Schonert, Warford, Yeager and Blackstead voting in favor
     of the motion.

       Commissioner Schilling returned to the table at this time.

PUBLIC HEARING – ZONING ORDINANCE TEXT AMENDMENT
SUBDIVISIONS – TITLE OPINIONS

       Chairman Blackstead called for the public hearing for the zoning ordinance text
amendment relative to subdivisions – title opinions. The ordinance would clarify the
submittal requirements for an attorney’s opinion of ownership in accordance with recent
changes to the Century Code.

                                                              Bismarck Planning & Zoning Commission
                                                          Meeting Minutes – July 27, 2005 – Page 8 of 10
      Ms. Lee stated the language comes out of the Century Code verbatim and staff
recommends approval of the ordinance.

        Mr. Whitman stated that by having the title insurance running to the benefit of the
City, the City would have recourse through the lawyer’s malpractice insurance.

      In response to questions from Mr. Patience, Mr. Whitman stated that Century
Code had changed because the state was out of sync with industry practices.

MOTION. Commissioner Schilling made a motion to approve the zoning ordinance text
     amendment relative to subdivisions – title opinions and forward it to the Board of
     City Commissioners with a favorable recommendation. Commissioner Yeager
     seconded the motion and it was unanimously approved with Commissioners
     Bullinger, Conmy, Hegedus, Juhala, Lee, Schonert, Warford, Yeager and
     Blackstead voting in favor of the motion.

PUBLIC HEARING – ZONING ORDINANCE TEXT AMENDMENT
SUBDIVISIONS – LOT MODIFICATIONS

    Chairman Blackstead called for the public hearing for the zoning ordinance text
amendment relative to subdivisions – lot modifications. The ordinance would clarify
requirements for lot splits and lot line adjustments.

       Ms. Lee stated staff recommends approval of the ordinance.

MOTION. Commissioner Yeager made a motion to approve the zoning ordinance text
     amendment relative to subdivisions – lot modifications and forward it to the
     Board of City Commissioners with a favorable recommendation. Commissioner
     Juhala seconded the motion and it was unanimously approved with
     Commissioners Bullinger, Conmy, Hegedus, Juhala, Lee, Schonert, Warford,
     Yeager and Blackstead voting in favor of the motion.

PUBLIC HEARING – ZONING ORDINANCE TEXT AMENDMENT
LANDSCAPING & SCREENING REQUIREMENTS

     Chairman Blackstead called for the public hearing for the zoning ordinance text
amendment relative to landscaping and screening requirements. The ordinance would
clarify certain provisions of the landscaping regulations, such as the substitution of
perennials for shrubs and the amount of landscaping material needed.

       Ms. Lee stated staff recommends approval of the ordinance.

MOTION. Commissioner Lee made a motion to approve the zoning ordinance text
     amendment relative to landscaping and screening requirements and forward it to
     the Board of City Commissioners with a favorable recommendation.
     Commissioner Juhala seconded the motion and it was unanimously approved with
     Commissioners Bullinger, Conmy, Hegedus, Juhala, Lee, Schilling, Schonert,
     Warford, Yeager and Blackstead voting in favor of the motion.

                                                              Bismarck Planning & Zoning Commission
                                                          Meeting Minutes – July 27, 2005 – Page 9 of 10
OTHER BUSINESS

● Mr. Hokenstad stated that Engineering has an access management policy that the Board
  of City Commissioners referred to the Planning Commission for a hearing that will
  appear on an upcoming agenda for the next meeting.

ADJOURNMENT

       There being no further business Chairman Blackstead declared the Bismarck
Planning and Zoning Commission adjourned at 6:45 p.m. to meet again on August 24,
2005.

Respectfully submitted,


______________________
Diana Nadeau
Recording Secretary

                                                          ________________________
                                                          Dave Blackstead, Chair




                                                            Bismarck Planning & Zoning Commission
                                                      Meeting Minutes – July 27, 2005 – Page 10 of 10

				
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