Planning Commission - Regular Meeting

uh September 18th meeting of the planning commission to order. Randy do roll call please. Alletki present. Spire here. Tate here. Cohane here. Dolly here. Darus Johnson here. Albby here and K's and Kak are absent. We have a quorum and we will do the majority for affir in the affirmative for an approval which is four

uh this is the time for we invite the public to comment on uh we invite them to sign up to comment later in the agenda on anything that isn't on the agenda. So if you came here to talk about something that is not on the agenda and if you please silence your cell phones that would be appreciated. Um, uh, there will be a time at the end of the meeting for open public comment for things that were not on the agenda. Uh, I would ask for a motion to approve the agenda. So, move. Motion by Tate. Second. Second by Alby. Any changes to the agenda? Nope.

Hearing none. All those in favor say I. I. Oppose. Same sign. Agenda passes. Approval of the minutes. I'd ask for a motion from August 21st. So moved byky second by

any changes or addendums additions to the minutes hearing? None. All those in favor say I. I. Oppose. Same sign. Minutes are approved. That brings us to the regular agenda which is 6A and I'm going to start before this. Uh there is a portion of this that contains a public hearing. There are public hearings. I would ask because this has already gone for quite a while with the board of adjustments that we try to re uh reserve our comments to about 2 minutes each and try not to overlap. I'm going to call the applicant up first uh and and explain and then I'll call the members of the public as you've seen, but I would just ask um and especially since this is the second time that we've dealt with this in a very short amount of time. So, thank you. All right, Brandy, tell us about Dakota Commons.

Okay. Thank you, Liam. And as stated, this uh concept plan, it's a revised concept plan to what was approved um in 2021. There was only two phases approved at that time because the developer was um or made it known that he was going to redesign into the traditional um layout that you see today and get away from the culde-sac designs um that was previously proposed or was originally proposed for the development. Um the the zoning designations here that are shown are um a variety of R1 single family, R2 single family attached which allows for duplexes, R3 multifamily, and then C2 local commercial that abuts 19th Street. Um let's see some other points. Um I did after the last meeting. So, as you can see, um the well, as we experienced that this concept plan was denied when it came before the board on August 21st unanimously. Um the developer, Jacob Mills, is here today to be able to um respond to questions that you have. um the points of from the last meeting for as far as the traffic counts and then um or the traffic conflicts I'll say that were brought up about Park View Trail and 19th Street and then uh what will uh happen with the HOA, the homeowners association. All of those things the developer will be able to touch on, but I do have some some statistics and and data that I can share with you if need be. um as far as what that looks like for what the HOA is currently

maintaining and then what they would maintain in the unapproved previous plan and then this proposed plan. Um and then the traffic impact study I've let the developer know that it will be required after 150 units are met. Same thing that we just discussed with the last item on the board of adjustment. Um, and they are currently at 102 dwelling units within Dakota Commons. So, with that, I will stand by for any questions.

Brandy, does it make sense to to go through all of one single public hearing as opposed to doing three separate ones? And should we discuss then if we're going to do that? Actually, no. Okay. I think they all should be separate because they're all layered. Understood. Okay. So, this is for the concept plan. I want to be clear that this is for the concept plan. Um, and I would invite the applicant up here to talk about the concept plan. Mr. Chair, go ahead. Question for staff. Um, when did public notice go out for this reharing? Um, it would have went not this last Saturday, but the Saturday before.

Okay. So, before the 8th of September. Okay. Thank you. Uh, if you would tell us a little bit about yourself, Mr. Mills and the concept plan.

Uh good evening. My name is Jacob Mills. I'm a resident of Brookings, but uh my family has been involved uh with the Dakota Commons development for a long time here. I'll try to keep my initial comments brief uh and limit it to questions uh that you may have. My primary goal of my initial message would just be a sincere as I can be apology. Um it's it's not uh it's not good taste, good anything to have not shown up to the previous meeting. Um my only excuse is that this plan was developed at the demand of the city staff three years ago and and in our view we hadn't changed anything from that plan three years ago. And so we sort of felt like, oh great, we've got some interest. We're just going to submit the plan. Nothing has changed. staff was in support of it and we just didn't feel like there would be questions and but that's no excuse. Should have still been here. Sincerely apologize. I have served on the on the uh Brookings Planning Commission. I'm not currently but for about 5 years and and it would have ticked me off if there was an applicant that didn't show up for for questions. So So my apologies and I'm I'm happy to answer any questions that you may have about the plan.

Thank you, Mr. Mills. questions for applicant or so my understanding there's uh nothing has changed from what was presented on the 21st of August is the exact same concept plan correct thank you go ahead miss Johnson but it did change from the original it it did I mean the original plan plan dates back to I don't even know it was my father it was in the '9s, I think. Okay. Um, and this plan came about

when when Palisades Lane was built, there was, I think, about 24 lots that were built on Palisades Lane, but only half of them were platted. And so when we went to plat some of the remaining lots, my first involvement with the project, we were informed that's not in city limits. It requires a concept plan. That's when the city told us they would not approve our existing historical concept plan. The city told us we don't like culde-sacs. Um, street department doesn't like them. They're inefficient. And I understand these things. City of Brookings is is wrestling with some of these same things. We basically said, okay, this development has kind of stalled and and we're interested in exploring other options. The city is telling us what they want. Um we spent considerable money engineering um to those changes uh three years ago and uh and that's what brought us to this plan that like I said was developed about three years ago.

Correct. But that was the plan that I remember seeing several several years ago. Must have been your father then. Correct. What you're saying? Okay. Yep. So I'm going to assume that some of the people in the room that bought also bought having seen that preliminary plan. So, I'm just I'm just clarifying that Mr. Mills was in front of us in 2021, right? I think Brandy sent me a I went back and watched it. Yep. And I think you were talking about how you didn't want culde-sacs back then. Absolutely. But we also discussed that that was everybody else I think voted in favor of that at the time because it followed the rest of the plan. So,

understood. Uh, any other questions for Mr. Mills before I open the public hearing? May I say one other just quick thing? If if if this plan is contentious, we we are willing to work on the overall plan. Our our primary focus is the phase one of this concept plan which includes the the C2, the R3 and the R2 properties. And those layouts are virtually identical in the original concept plan and in this. And so there there is a project a pending project that could be, you know, delayed or or go away. And if it's possible, I'm happy to rework the reworked uh plan. Uh but like I say, phase one of this plan is identical to the original plan and would certainly appreciate if you are going to redeny the whole plan that that perhaps we could pair it down and and get some approval on that phase one

at least get moving on something. Okay. Appreciate that. Thank you, Mr. Mills. Uh um could I add something? Um that and that would be appropriate. We've done that previously. The only thing though that I would caution is because this was before us in 2021 and it was made known that they were going back to the drawing board to create something like this. Um that we make sure that we're sound on direction on what we're on what we're providing to developers so they can avoid those costs.

Okay. Thank you, Brandy. Uh I'm going to open the public hearing now. Again, I would ask that you please keep your comments to two minutes, no longer then, and uh identify yourself and where you live. Mr. Piper, you're first up. No, I wasn't here. My wife said to I know, I know. I I I felt a cold chill into the room when you entered.

Brian Piper, I live in uh Dakota Commons on Angus Circle. Just two quick things. Uh culde-ax I understand can be a problem for snow removal. Not ours. I see a Mayflower semi come in there twice a year and drive right on around the circle. It's big. And I realize why you get rid of a cult sack is to have more lots. End of the story. And another comment is uh if somebody says there isn't much traffic problem on 19th, they don't live up there.

There's a big problem on 19th. Big problem. So, and uh as far as these houses, it looks to me like he shrunk the lots quite a bit for more density and that allows more traffic, more people to come in. So, that's about all I had to say. Thank you, Mr. Piper.

There are 17 more lots on the proposed plan than what the previous plan had shown. Um and the traffic, we are going to have a traffic impact study done to see if there could be um any remedies because actually that that portion between Willow Creek Drive and Arrow Avenue of 19th is um does have the highest traffic counts on all of 19th and also the projection for 2040 is that it will be 80% of its volume to capacity. So that will be looked into in 20 2040 80%.

Um I'm Janet Garren. I live in Dakota Commons. And is this you had something else up there? This one that we got in the mail. Is that the most current? That's what we're talking about today. Yes, I had the old plan pulled up for a moment on there. Okay. So that was the old plan. So this is it. Also, we have people who live in Dakota Commons who are not getting the notices, by the way. Oh, they they're out with they're outside. No, no, no. They're in they live in Dakota Commons and they did not get this. Okay. So, you need to update your list this. Yeah. The not sent to notice to adjacent land owners.

Yeah. So, we do use updated lists. Um, and we I have the list of who it was all sent to, so we can look into that. Okay, great. Um, so it doesn't show anything currently happening in block 10, that yellow block or the pink block, nothing there. Green space, open space. So, the only thing that we're really talking about today is the blue, the two blue lines. That's what they're looking at developing next. Is that correct? That's correct. Okay. So, that's what they want to do. So, they'd have to put the road in to develop those lots

and and that's actually um so that's going to be Dakota Commons 10th and then the commercial and the R3 the multif family. So, we'll say the yellow and the pink that is the um Dakota Commons 9th edition and then but that already has infrastructure. So those will be platted separately and then when they're ready to move on to the to installing Ponet Trail or Ponet Street, then they'll plat that portion. But staff needs to review construction plans um prior to that coming forward. Okay, that's all I have.

Thank you, Janet. Uh anyone else to speak on this matter? Hello, Bert Follick, 2111 Park View Trail. In uh three weeks, I will have lived there for 17 years. First uh single family dwelling on Park View Trail. So, have a little history there. So, now I'm a little confused as to what was just stated there. I see a concept plan. Okay. But we're not really voting on the whole thing. We're voting on the whole thing.

Okay. So then if what you have up here is is what's going to be built and you know with the crammed ones in that are in this on you know down on the south there that's fine. I I mean this is this is reasonable but then like will that lower commons um you know that's a lot of green space. I like it. Okay. Can that be changed now? Will they have to come back and ask for permission to change that later? because we know we're making changes. I you know I can I I can deal with some of this but I mean that that's what my concern is. So second thing is in Dakota Commons we have two HOAs right now. So there's a very active um HOA. I don't know the name of it. Probably some of these people do. Um and that's with the twin home owners. Okay. And they're very active and they and they have a president and they do things. Okay. The other HOA that I belong to doesn't do anything. It's not organized. we pay money. I mean, because technically by our bylaws or covenants, the developer still runs it. So, what's happening to our HOA when this all gets going? Um, somebody said we have answers to those questions and I want to know the answers to those questions because we I don't want those comments to go away where I live. So, um, that's my question right now. So, hopefully that can be answered. So, um, thank you for time.

What was your last name again? Follic F A F. Okay. Yeah. Sorry. Thank you. Thank you, Mr. So, as far as the HOA goes, that is not something the city regulates. Um, it is required when you're doing a planned unit development, but and that will be something that the developer maybe can speak to and also that he would have to work with the associations on as as the um development moves forward and which lots are included in the commons going forward. Um, and what was your other question in regards to

I'm I'm happy to speak on the HOA if you would like. And so there's one more thing then because if if the commons were going away or whatever is going to happen. Park View Trail with this setup without any other access is going to become a much busier street. There's no way around it. I get it. Okay. But we don't have a sidewalk on that street in the front because they're in the back. But with that increased traffic, I mean, do we need a sidewalk then? And then who's paying for that? It's just a couple questions, you know, and again, we probably have these some of these things are 15 years down the line, but I mean, I don't necessarily, you know, just want just thinking. Okay. Thanks.

On the south side, they would have sidewalk. What? On the south side of Park View Trail, there would be sidewalk. Um because then that's what's getting into they haven't been developed yet. Mr. Mills, we'll bring you up here in the end uh to answer any questions. No, we'll just wait. My guess is there'll be a few more questions. Other folks that want to speak regarding this matter, please come up. Identify yourself. No, only

my name is Russ. I live at 241 Grand View or Palisades Lane. I can't get my address straight here. Uh moved too many times in this town. And one reason we moved over to where we're at is because of the neighborhood. Uh, one thing I'd like to I got a question on is this trail that comes into the addition now that's going to cross and go over to the J&J Earthworks edition. Is that correct? Yep. The Lakes of Willow Creek, huh?

The Lakes of Willow Creek. Yep. It's to the east. Park View Trail will be extended into that development. Okay. So, as I look at the map here, all that traffic from their addition and the ice arena is going to come right on through and onto 19th Street. Am I assuming right eventually if it gets developed or when it gets developed?

Okay. J&J, uh, I get the current, our nice new newspaper and water down and I read the land transfers. They're transferring a lot of lots that they've already sold, but they're putting in streets and curb and gutter and all this stuff. I think our area would be developed more if the streets and curb and gutter and all that was in so people could buy a lot. That's my comment. Thank you, Russ. I appreciate it.

And they are allowed to sell once the property is platted. we enter a development agreement with the developer for two years to give them two years to install the infrastructure. A lot of the times why you don't see a development uh be built out fully before they sell lots is because it's a lot of overhead. So they have two years and then in the meantime they can be recovering some of those costs by selling lots. It's sort of a chicken and the egg problem that all developments, large scale developments have because do you build the streets first and incur the costs and we're at with the risk of not selling the lots or do you sell the lots first and that's that's just the modern development and the way that it functions or one of the ways that it functions.

Can I also clarify quick that I misspoke on Parkview Trail? So the the portions that have uh the commons with the um sidewalks in the back of the trail system, they those areas of Parkview Trail will not have sidewalk. So, it's only for a a short portion here um on the east side down Louiswis and Clark Trail and then Hidewood Trail will have um sidewalk because then the theory is because you would cross over and then use the sidewalks in the exterior side of the lots and that was a trade-off with the with the planned unit development that Dakota Commons is.

Okay. Uh, anyone else that's here to speak on this matter, the concept plan portion? Mr. Allen, Mr. Colehane, uh, Doug Allen, 204 Lewis and Clark Trail. I live in Dakota Commons there and I'm I I confess that a lot of this confuses me to some degree. Um when we built uh when we built our house uh which is on Lewis and Clark trail um we only have a very short piece of street that's in um but we were told you must put a sidewalk in. And we we said, "Well, really uh how come uh you know, why why do we have a sidewalk when I've got a sidewalk on the north side of my property that's an extension of the sidewalk that runs behind all those units on Palisades Lane?" So, the sidewalk existed, but they said, "No, you got to put one in front, too." So, uh I had to put a sidewalk in there. And uh it of course goes nowhere. Um and no one really uses it currently. And my other question was I'm adjacent to the bike trail. So, the whole idea for me or my my understanding was that you would extend the sidewalk coming down behind all those units on uh Palisades Lane that hooks up to the bike path and then you would have a bike path and walking path that you could use that runs behind my house and all the way down. So, I I don't really understand why people said, "Well, no, you you have to have a sidewalk in front." Now, that's water under the bridge. And so, I

you know, whatever. Uh we put the sidewalk in as was required. Um it doesn't really go anywhere. Tonight, I learned and perhaps Mr. Mills can speak to this, but right across more or less across from well, it's the corner lot uh on the very end of Palisades Lane um that has uh apparently cannot be sold or developed because it's not in the city limits. Uh at least that's what uh Mr. Mills told my sister. So uh again I'm a little confused as to why that corner lot when the lot right next to us was developed and the the argument was that there's not enough street there uh to be able to have sold that corner lot. I don't really understand that. Um, so those are some of my questions about it. And I and I think when you voted this down the last time, I think there was general consensus that people had in good faith bought in the development based on some of the culde-sacs that I think are still in the plan. So down the street on Palisades Lane, there's going to be one more culde-sac to the south. If I'm looking at the plan correctly, I'm kind of looking at Brandy. And then beyond that, we'll get into the more dense uh housing. And I understand the rationale for all that and and all those changes. And I don't really have a a major objection to that as long as we maintain what uh currently is on the plan. And I do have concerns about J&J uh and the connection across there to is it Park View Trail that that will go across. Um I do have some concerns about

that. Um I I I've been frustrated and I've been before the city council on this issue uh with regard to traffic on Third Avenue and the condition of that road. Um it has just been opened up again. Uh, so they've the J&J has done the work that they're going to do. I don't know what's required beyond that, whether they can just leave it as a gravel road and say, "Well, it's open now and and it's all good to go." But I do know that J&J violated an agreement that they had with the township with regard to the use to the truck traffic on Third Avenue. And that irritates me. I didn't know that. found out later, but they drove all spring long, you know, sometimes 400 trucks a day on Third Avenue. They just ignored the agreement that they had with the township. And I'm concerned about who enforces uh our regulations in the community with regard to those kinds of things. And again, that's that's not city. It was Township at the at the time that was responsible for Third Avenue, but we've now taken that responsibility into the city, which I think is a smart thing to do. But I just hope that we're not uh allowing J&J to just kind of do whatever they want to. Uh because I think we're going to end up with a with an even bigger problem than we've got right now. And we're soon to move into the hockey season. And believe me, even when the road was blocked off, people were still using it. So, I have those uh concerns. And the last thing I'll say is about traffic on 19th. I don't really have a problem getting on to and off of 19th. Sometimes I have to wait a while. um I can merge on to it just fine, but every

you know, we're talking about more dense housing to the uh to the south that that you discussed in the last uh in the board of adjustment. Um there's commercial housing that's going to be in our development on Dakota Commons. So there's a lot of density that could be coming and we're also looking at perhaps a fire station on that side of the of the community. So there there can be an awful lot of traffic that develops in the next couple of years. So I just want to be cognizant or want the city to be cognizant of uh what that looks like down the road if we are growing the way we hope to grow. Thank you for your time.

Thank you, Mr. Allen. Anyone else who would like to speak on this matter? Mr. Sturderman. No, I'll wait until you're all Russell. You don't have anything to say.

Russell Warner. I live in 105 Oakwood Circle in Dakota Commons. Um, so I've I've built several houses uh in Dakota Commons in the past decade. Um, and I I love the area so much in the green space. Um, that I ended up building my own home there about 10 years ago. Um, it sounds like a lot of the issue we're talking about is traffic and living there in the last 10 years. I can't say that I've ever tried to leave onto 19th and had more than two to three cars stack there at a time. So, we're talking a matter of 30 seconds to 45 seconds to get on the 19th. Living in Denver, I don't honestly see that as an issue. I see that as a good thing. A thriving city. Uh people bringing their kids to school, people shopping, going to and from work. And I only see this traffic load from 4 to 6:30 at night, which is pretty normal. Most people get off of work or bring their kids to after school activities. So, um I personally don't see any issues with that. And as far as the road to the north, I don't I know I've said several times what that road is called.

I think it's third. Third. Is it third? Yeah. I am personally looking forward to having that open. Um I see that as an access to bypass 19th from those times. I go to the ice arena, bring my daughter there for practice. It's a nice easy path through the neighborhood. No traffic. Um and honestly, that's really all I have to say. Thank you, Russell. Thank you. Anyone else to speak on this matter? Um to expand on that. Brian, I'm gonna get I'm gonna Mr. Piper, I want to get through everyone first before I do any seconds.

Can I have the major street plan pulled up and so Third Avenue is a major collector. So, we do anticipate that it will have traffic and um or and and it'll facilitate heavier traffic than most streets. and one/3 obviously it's gravel today and it would be a project and a large expense to pave or you know improve Third Avenue and then because that would most likely tie into 31st as well. The thing that will be nice is 28th from the Ice Arena that will that connects to Third Avenue and then eventually Park View Trail will also connect to um with to within the the Lakes of Willow Creek development to the east. So there will be multiple routes then that hopefully will also reduce um the traffic counts going to that one location.

Thanks Brandy. Anyone else to speak on this matter? first first time around. Okay, somebody online. Go ahead. Yeah, Miss Blake, can you hear me? Yeah. Just to clarify, so you said Third Avenue was a major collector, but 19th is also on the master transportation plan as a major collector as well, right? Yes. Correct. Thank you. Thanks, Blake. Anyone else to speak on this matter before we do second rounds? And I'm not really going to entertain a lot of second round stuff, but I'm going to ask the applicant to come up here or the the developer to come up here and explain or answer questions that he may have heard. And if there's anything else that we need to address, we can do that at that time. Mr. Mills, go ahead.

I I greatly appreciate the opportunity to answer questions. Happy to come back up if need be. Uh please let me know if I missed any. I was trying to take notes. Um you know, to the questions about the HOA, I I agree with Brandy. Those don't really apply to this meeting, but I'm happy to answer them. You know, that HOA is uh has cash reserves and is self-supporting itself perfectly fine right now. Um the plan would be to add those two remaining culde-sacs. Um Shade Circle and Bigstone Circle, which is approximately 43 additional lots, which would also join the HOA and support that HOA and preserve all the common space and maintain all that common space. And you know, if if need be, you know, we could even add the lots that back up to that larger common space to the south to be uh assessed members of the HOA but not have all the restrictions so that they would support the the maintenance of the common area. So I I think the HOA is doing well currently and we have lots of new members to add to that to to help in that. and um you know and and the the lack of participation from residents is not discouraged. Um if there's a resident uh like the gentleman here who would like to participate in our HOA, we have never told anyone that they can't do that. It's it's just often that no one wants to do those types of things. We largely manage the finances of the HOA and we approve new build plans, but we've encountered resistance from residents of going around trying to enforce their own covenants. Uh it's a mixed bag of what you get of people that really want those covenants enforced and some people that want you to leave them alone even though they live in an HOA. So it's it there's a unique challenge to HOAs.

Um can I stop you right there before you go on to your next one? Sure. Because that's this is a this is my concern. So I guess the so you're let's just take your your new concept plan. So the lots that are joining that green space I assume they're going to be required to join the HOA because their lot butts up to it. The ones to the south. Yeah. The new lot these lots here that you're bringing in. Okay. The on your new concept. So these lots that are joining that. I assume I'm going to have to join your HOA because my lot hits that and I'm going

that was the area that I was referencing. I believe we could include them in maintenance of fee only and not covenants and so they would be deed to pay a fee for maintaining the common space but could be excluded from the offenses and that type of thing. because the the goal is to sort of tie a bow on the HOA neighborhood, put these culde-sacs up against it, preserve the neighborhood, the backyards that they all bought into, but then do something different to the south of Park View Trail. Okay. Do traditional streets and and just standard city lots without an HOA.

Okay. And I'm I'm fine with that. Like I said, this is where I was going at the last meeting is my problem is now so the little green corner down here, is that going to be a city park designation where where are the rest of these people going to go run their dog and their kids and play? We don't have a park designated in this development. I love your development, by the way. If I were to ever move, that's always where I've dreamed of living. So, I want you to know that. I'm not picking on you because I don't like you. I love your development. And that's why the the culde-sac idea as le Liam said before a 100 years ago when that came in we didn't want culde-sacs and and that type of thing and then when you took them all the way I'm looking at the people that bought knowing that there were culde-sacs so now I'm I'm kind of like and I'm a realer so I'm kind of looking at you know I just sold somebody a lot there or home there and promised them all these things and now I'm standing there with egg on my face because it's not holding true. So that's where I'm jumping on both sides of the fence and confusing you. So I love your development. My fear is this HOA that I have to sell to my client. You said uh you mentioned that HOAs are hard sell in Watertown. I don't know that that's true. Um they're they're in other places too that we do sell. I'm going to tell you what I think is the hard thing is what these people have said about these streets not being developed on it. the street that does, you know, I walk that path all the time and that doesn't come off of third. It just goes to a dirt road to get up onto third. So, I just clean my car. I don't want to drive on that. So, I go back over to 19th. So, and I'm not a developer, but my point is that until you put the streets in, we don't I can't sell your lots. I can't. And and I know that that takes money, but that's where my frustration comes in on this whole thing is now that you've sat long enough. Now you're changing the plan in order to make money to to make this work. So I get that and I appreciate that. But you have to

understand where these people are coming from that bought these 20 years ago and now the plan's changing on them. So just in my defense, we never would have changed the plan had your city staff not told us we had to. We we were we were literally told

we had to change the plan and I wanted to be mad and fight it and say my dad had this plan and this was the plan and you have to let us keep it and I just said okay I we'll we'll shift we'll pivot and so I don't want to be you know the the hardest thing in my business is that everyone in these rooms looks at me as this greedy person that just wants money and and I am not the traditional developer. The traditional developer, you know, is the guy that goes and gets investors, secures a piece of land, he borrows 100% of other people's money, he takes a 10% developer fee, he does an LLC, he does the project. If it works, great. He makes a ton of money. If it doesn't work, he goes bankrupt and he leaves town and he goes somewhere else. My family's been doing this for three generations. This has not been a a great money maker for our family. We've we've supported this project through other developments and other things that that we've done and and I would love to see this neighborhood come to fruition and and I think part of our lack of focus on this neighborhood has been a development twice this size in Brookings that we've poured millions of dollars into, but we're at the end stage of completing that. And so we now have resources to bring up to Watertown to put some focus here to try to work through some of these questions. And and I'm not going to say that everything about all of this is perfect, but um you know, we would welcome third to be completed. I view that as a city-led project where we pay an assessment and I'm happy to pay it. I'm not going to fight you. If you want to do that street next spring, great. I'll pay my assessment. Just send me the bill. Um and and the lack of completing, you know, other streets. We spent $30,000 two years ago with Colin and designed shade circle and big stone fully engineered them engineers estimates. There's no way it was going

to work. We couldn't even bid it. His estimate was too high to even take to you know ask for bids. And so we've invested money in in trying and and we'll get it done, but you know, we're we're trying to fit a puzzle piece in the front here that is primed to work in this phase one of this. And and then I think phase two is that Shade Circle and Bigstone Circle and and connecting the the Park View Trail and hopefully by that point maybe third is is there and completed. Um, I would love to put some energy and some focus into this community because to be honest, we're people like me are being shamed out of places like Brookings. And it's sad like places like Brookings, I have told the city of Brookings, your policies and your attitude towards developers is that you don't want us. You don't want investment. You're making it hard. You're you're you're micromanaging what we can creatively do. And and I I don't I'm not I don't own any more bare land in Brookings for single family develop and I'm not looking for it because they're going in the wrong direction in Brookings. I hope that's not the direction that you guys are going in Watertown because I'd love to be up here for the next four or five years doing phase phase phase in Watertown. I think there's I think there's energy in this neighborhood. I you know I think my father had vision 20 years ago to buy this land. I think he started earlier than Watertown was ready for this area, but I think Watertown's ready for this area now. I think this is a great location. Um, I'm happy to revise and work on the plan in this in this south corner if that's a desire of this board, but you know, I I really do need this phase one of this concept plan. Um, or or we're just we're going to lose another year on, you know, anything in Dakota Commons.

Thank you, Mr. Mills. I'm going to try to address any other public hearing is still open. Um, and I want to get through all of that and then we can close it. We I will keep in mind that we have two additional public hearings yet today and I don't want to be here till midnight. So, um, can I just say one real quick thing to Mr. Allen's question? There are two lots uh, right by him that we were not able to plat because that road was not fully extended. If we do this phase one of this, I'm more than happy and plan to extend that street and plat those two lots. They have utilities. They're salailable lots. We'd love to do that, but that was the reason was the street was not long enough. Thank you, Mr. Mills. Uh, anyone else who hasn't spoken

that wants to come and talk? Okay, Brian, you still have something you want to say? I'll give you just a minute or two. Yeah, that's all I need. I wasn't here. No, I I hear people talking about the traffic. I sit in my living room and I can see the hockey rink and I can see Third Avenue and I can see Park View Trail and 19. It's going to be a traffic jam on Park View Trail and Third Avenue. They're using it now from the hockey rink. I see that dust flying and it's bumper to bumper because they're not sneaking around the 212. It's hard to get on 212, but that is a fact. I see it 19th is going to get worse. I guess maybe that's part of growth, too. I don't know.

Unfortunately, I think the traffic is a sign of growing pains. And part of it is that you have to have a tax base with in order to fund the road expansion and construction. And in order to have a tax base, you have to build the houses. So it's it becomes But just don't believe there isn't a traffic issue. There is a traffic issue. I turn on 19th once or twice a day every single day and it tends to be during rush hour. And I'm familiar with that partic right by Dakota Commons. I'm I'm I'm familiar with that. It is challenging particularly to make a left turn onto 19th. It is. Yeah. Um, and I can live with it. It's not, but it is going to get worse and worse. And J&J is using Third Avenue with the dump trucks. Some days it's bumper to bumper dump trucks. That's a different issue for a different day. But yes. Yeah. So,

all right. Well, thank you, Bryant. All right. Last call. Going to close the public hearing. Okay. Oh, Ray, I couldn't forget you. Get up here, Ray. Two minutes. Not even that long.

Good. I grew or I grew up in Brookings and I moved into the Mills Meadow Green development down there and I was so happy with the way things worked out. Now, they did a little bit more than what they average aely do. Excuse me for my speaking. However, when we bought the place, it wasn't all pavement. What they ended up do, part of it was a gravel road right in front of my unit. And what they did is they put down a half layer of the asphalt until the rest of the construction was done because they didn't want to damage the road. So if you put in a road completely, you could end up damaging it. Where if you only do a half layer until the development is established and then do this the top coat, it might address some of those situations. Thank you for your time.

Thank you, Mr. Sturman. That is standard for asphalt streets. They do two lifts. I'm I'm now going to close the public hearing on the concept plan and I would ask for a motion in the affirmative to get the discussion rolling. Don't all do it at once. I'll make the motion to approve. Motion by second. Second by Tate. Okay. Further discussion regarding the approval of the concept plan. Anybody have anything to say or add or state your piece? My recollection from Mr. K's was that we can do a voice vote. Is that your understanding

as opposed to roll call? Uh, sure. If you want to. Yeah, we can. All those in favor of approving the updated concept plan, say I. I. I. Opposed? Same sign. I uh motion passes by voice vote. Concept of plan is approved. That brings us to B which is annexation and zoning of a portion of Dakota Commons 9th and 10th edition. Brandy, go ahead. And just for the minutes that was spired that voted correct. Um no. Um okay. So actually I know that we're really with the uh annexation and zoning and the reason we could do those public hearings together.

Okay. Um then tell us about both of those.

Okay. So the annexation and zoning is to include the two phases that we have described for the concept plan. Um that will be to incorporate Ponet Street and then these two lots adjacent to 19th. They will be known as Dakota Commons 9th and 10th editions. Like I said, they're going to be platted in two phases. uh it's 11 and a half acres that'll be annexed and zoned into city limits. And then the reszone is actually just because you can see where this dashed line is. All of these were included in the original annexation zoning and the PUD. Um obviously so they could construct Park View Trail. Um and let me get down to here. I can show you guys the specific exhibit. But so then those are just small portions that are being reszoned um just because of how the concept plan is laid out and the property that is being annexed and zoned. So I can pull this up and show you guys but otherwise um I'll stand by for questions.

Thank you Brandy. Any questions for staff? Hearing none. I will open the public hearing on this matter if anybody wants to say anything. Come on down. Applicant first obviously. Mr. Mills if you want. I'll just be happy to answer any questions. Appreciate that. Any questions for Mr. Mills? Anybody else? Anybody online? I will close the public hearing and I will ask for an action on uh resolution 2523 which is the annexation first.

Motion by Darus Johnson. Second second by Tate. Uh further discussion regarding the annexation hearing none. All those in favor of the annexation say I. I oppose. Same sign. Motion passes. Uh it asks for action on 2515 ordinance uh which is zoning.

I'll make a motion to approve. Thank you. Motion by Darcus Johnson. Second. Second by Tate. Thank you. Any discussion regarding the zoning as proposed? Hearing none. All those in favor say I. I. I. Opposed. Same sign. Motion passes. Annexation and zoning is adopted. That brings us to 6C on the agenda, which is the final portion of the Dakota Dakota Commons for this evening, which is the PUD part. Go ahead, Brandy. Um, this I described with the annexation and zoning. What?

This is the reason. This is the pud, the the planned unit development. We already voted on everything else while you were talking to Lisa. That's all we have on the agenda. There's a there's 6C. What is 6C? 20 2516. What is that? That is the reszone. So it's an annexation, zoning, and reszone. So Oh, okay. Sorry. I was sorry. So there's zoning. So there's a third action. The third action will be on 256 25-16 ordinance. Can I get a Yeah, that's the one you need to do.

Sorry, I thought you guys were done. That's No, we did 25 23 and we did 2515. So this is action on 2516. I'd ask for a motion in the affirmative. So moved. Motion by Tate. Thank you. I'll second. Second by Oletki. Any further discussion regarding the reszoning? Hearing none. All those in favor of approving the resoning, say I. I. I.

Opposed. Same sign. Motion passes. That brings us to open public comment. So for those of you that have been waiting here in the room to talk about something that wasn't on the agenda, now's the time to do that. Mr. Mstead, Mr. Bloom, you don't have any wisdom to impart upon us. Okay, wonderful. New business. Any new business? Let's just put that other stuff that we talked about in BOA on the next agenda or the following agenda. I think the next agenda we probably have the bylaws discussion, right? Okay. So, maybe the following one. Any other new business? Any other old business?

Um, I will just give an update on the bylaws. So, we have met in the smaller group and we have gotten through them and so now we are just um Carla is working on polishing them up and then I will get them emailed out to the board so you guys have time to review and then we plan to bring that at the October 10th or 9th um planning commission meeting which then also Lisa will be giving a presentation on open meeting laws. Open meeting laws. Good. We get to learn about open meeting laws. So, we'll tie them all together. A lot of fun stuff coming up.

Yes. And Carla and Brandy and uh Lisa deserve a a tremendous amount of gratitude for the amount of work they put in on the bylaws. Um they've done a lot of work and Mr. Spear Spear and Mr. Kay's and Mr. Muller as well. So, and yourself. I try to avoid those meetings. So, appreciate everyone's collaboration. Good. Any need for executive session? No. Good. Then we are adjourned. Thank you.