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MOTION BY FERRELL, SECONDED BY CYMBALUK to approve the items listed in the Consent Agenda


MOTION BY FERRELL, SECONDED BY CYMBALUK to approve the items listed in the Consent Agenda.



Commissioner Klug clarified that the El Rancho is on the consent agenda, but the City Attorney has advised him that his counterpart can vote on that issue.

AYE: Olson, Cymbaluk, Ferrell, Hagen



NAY: None



ABSENT AND NOT VOTING: Carns



CARRIED: 4-0



3. Bid Openings

A. Police Vehicle

Acting Chief of Police Melissa Hanson reported that Murphy Motor was the sole bidder for two police vehicles when bids were opened on May 5th as follows:

Straight out purchase

$22,722

With Trade of 2008 Vehicle

$20,722

With Trade of 2009 Vehicle

$19,722

Hanson requested that the City accept the bid with the trade of the 2008 vehicle and purchase the other vehicle straight out, retaining the 2009, in order to build the fleet of patrol vehicles necessary for extra manpower. $45,500 was budgeted for the two vehicles, and she requested that the balance of the budgeted amount be used to equip the extra vehicle. The existing 2009 is mechanically sound, although it does have a lot of miles.

MOTION BY CYMBALUK SECONDED BY OLSON to approve the request made by Acting Chief Hanson.



AYE: Olson, Cymbaluk, Ferrell, Hagen



NAY: None



ABSENT AND NOT VOTING: Carns



CARRIED: 4-0



4. Public Hearings

Acting President Hagen returned the gavel to Vice President Bekkedahl for the public hearings.

A. Review of Application for a P.U.D. (Planned Unit Development Overlay District) for Lots 7-12, Block 8, Bruegger Amended Addition – Lutheran Social Services / Westereng

Vice President Bekkedahl opened the public hearing, which is actually for a zone change from R-3: Lowrise Multi-Family and Townhouse Residential to Planned Unit Development (PUD) for 612 1st Avenue West. Planner Kent Jarcik explained that the proposal is to redevelop the old junior high building into 43 one and two bedroom apartments meeting affordable housing guidelines for seniors and built consistent with the National Park Service’s standards for historic preservation.

In order to redevelop the existing building for senior apartments the following variances are requested:

  1. Density- Standard R-3 is 19 units; proposed is 43 units.

  2. To accommodate on-site parking right of way will be used for vehicle turn-around from parking spaces.

  3. Parking requirements is 86 spaces; proposed is 43 based on senior living parking demands produced by the Institute of Transportation Engineers (ITE).

Proper legal notice has been completed.

The Planning and Zoning Commission’s recommendation is to approve the request for the Zone Change from R-3: Lowrise Multi-Family and Townhouse Residential to Planned Unit Development (PUD) overlay district for Lots 7-12, Block 8, Bruegger Amended Addition, City of Williston, North Dakota with the following variances:

  1. Density - 43 units.

  2. To accommodate on-site parking the use of the public right of way to be used for vehicle turn-around from parking spaces as proposed on the site plan.

  3. Parking: 43 spaces

Applicants Earl Westereng, co-owner of the building, and Jessica Thompson, Director of Lutheran Social Services, were in attendance to explain the project. Westereng mentioned that on April 29th the State Historical Society recommended that their application be forwarded to the National Register of Historic Places to become the fourth building in Williston on the National Register. Thompson explained that LSS is a non-profit housing developer looking to create affordable senior rental housing.

Vice President Bekkedahl asked three times for public comment. There were no comments, and Vice President Bekkedahl declared the hearing closed.

MOTION BY COMMISSIONER TATE CYMBALUK, SECONDED BY COMMISSIONER BOGAR to approve the request for the Zone Change from R-3: Lowrise Multi-Family and Townhouse Residential to Planned Unit Development (PUD) overlay district for Lots 7-12, Block 8, Bruegger Amended Addition, City of Williston, North Dakota with the following variances:



  1. Density - 43 units.



  2. To accommodate on-site parking the use of the public right of way to be used for vehicle turn-around from parking spaces as proposed on the site plan.



  3. Parking: 43 spaces



AYE: Klug, Cymbaluk, Bogar, Bekkedahl



NAY: None



ABSENT AND NOT VOTING: Koeser



CARRIED: 4-0



B. Proposed Zone Change from A: Agricultural to M-1: Light Industrial for Unplatted Tracts in Lots 1 & 2, Section 19, T154 N R100 W, Containing 15+ Acres, City of Williston – Valentina Enterprises

Vice President Bekkedahl opened the hearing. Planner Kent Jarcik explained that this is fifteen acres north of the Tofte mini-storage off East Dakota Parkway. This request conforms with the land use plan and zoning in the area, which is Light Industrial, and the Planning and Zoning Commission recommends approval of the request for the zone change as submitted.

Vice President Bekkedahl asked three times for public comment. There were no comments, and Vice President Bekkedahl declared the hearing closed.

MOTION BY COMMISSIONER TATE CYMBALUK, SECONDED BY COMMISSIONER KLUG to approve the request for the zone change from A: Agricultural to M-1: Light Industrial for Unplatted Tracts in Lots 1 & 2, Section 19, T154 N R100 W, Containing 15+ Acres, City of Williston, subject to the plat being approved and meeting all City engineering specifications and requirements.



AYE: Klug, Cymbaluk, Bogar, Bekkedahl



NAY: None



ABSENT AND NOT VOTING: Koeser



CARRIED: 4-0



C. Proposed Zone Change from R-1: Single Family Residential to C-3: Restricted Commercial of Block 1R, Mercy Rearrangement, Containing Approximately 8+ Acres, City of Williston – Granite Peak Development

Vice President Bekkedahl opened the hearing. Commissioner Cymbaluk informed the Commission that at this time he does not have a financial interest in the project, but that he has been communication with the various parties involved. City Attorney Furuseth advised that Commissioner Cymbaluk would be able to vote on the issue if he does not have a financial interest.

City Planner Jarcik explained that the parcel is north of the hospital. The proposal is for a commercial project on the western portion of the property with hotel and restaurant development and for future medical development on the eastern portion of the property with work/live rental units. The Planning and Zoning Commission’s recommendation is to approve the request for zone change as submitted.

Jarcik cited concerns by neighbors including access, drainage, traffic and buffering of the adjacent residential neighborhood. A letter from Keith and Sharlo Halvorson, owners of neighboring property, was distributed to Commissioners along with pictures showing the drainage problem.

Matt Grimshaw, CEO of Mercy Medical Center, explained that Mercy is looking at future needs of the medical campus and the community at large and feels that this would be beneficial to the hospital. Commissioner Klug asked about Mercy’s possible plans to expand. Grimshaw explained that any expansion would be vertical because of the location of the mechanical plant at the front of the hospital. Bekkedahl clarified that Mercy Medical Center is the applicant, not Granite Peak. Commissioner Klug asked what the difference is between this project and a previous request that was recently denied by the Commission for a motel/restaurant across from the new medical facility that is going to be built across the bypass, mainly due to the fact that it was going to be built in the backyard of a residential area. Terry Metzler of Granite Peak said the neighbors had several issues with the other project, especially traffic, whereas there were minor issues with the neighbors on this project, mostly the drainage issue. Grimshaw maintained that the drainage would be improved with the project. He also explained that this property would never be residential because of the special use permit for clinical space.

Vice President Bekkedahl asked for public comment.

Vice President Bekkedahl asked a second time for public comment.

Vice President Bekkedahl asked a third time for public comment.

Vice President Bekkedahl closed the hearing and asked for questions from the Commissioners.

Commissioner Cymbaluk asked City Assessor Shawna Gooch- Egge whether the property would be taxable property with this use. She confirmed that as long as they are not filing a 501(c) for that particular business or doing charitable work, it will be taxable property. Rolfstad asked about the effect on home values. Gooch-Egge said right now there would be no effect, but she could not predict what the effect would be in ten years.

Commissioner Cymbaluk asked Engineer Meiers whether the developer would have to provide a drainage plan. Meiers said they would have to provide a complete improvement site plan approved by the Engineering Department. Meiers said they have gone over most of the public improvement needs, and he likes the right-in right-out, which will help relieve traffic crossing at 11thStreet, 9thAvenue, and 18th Street.

Commissioner Klug had a comment for the developers that he has seen what has happened when commercial is placed next to residential and problems that develop. He would like to see those issues resolved without the Commission having to get involved. Metzler said they already plan to have screening. Grimshaw added that a previous request by the neighbors for a paved alley had been protested by the hospital. Mercy has recently asked that the neighbors put together another petition for a paved alley, and the hospital is now dedicated to paying for their share of the alley and not protesting the district.

MOTION BY CYMBALUK, SECONDED BY BOGAR to approve the proposed zone change from R-1: Single Family Residential to C-3: Restricted Commercial of Block 1R, Mercy Rearrangement, containing approximately 8+ acres, City of Williston, subject to the access and drainage to be clearly identified at the time of the building permit and also to put a buffer on the east side of the property, whether it be fence or several rows of trees for an adequate buffer, that is sufficient to the neighbors and the development group.


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