How does a community deal with a business it needs for growth, yet it's a business nobody wants to be near to?

That was the question the Bismarck City Commission struggled with at Tuesday's meeting as it debated whether to approve a Planning and Zoning Commission recommendation to allow B&B Paving Inc. a special-use permit to build an asphalt plant just east of Expressway and south of Divide Avenue.

City planning director Carl Hokenstad said that B&B had or is meeting all the special conditions placed on it for the special-use permit. B&B is planning to purchase property from Atlas Inc. in an area zoned for industrial use after having a one-year temporary permit with Burleigh County for a site several miles north of Bismarck run out.

But approval of the special use permit was opposed by nearby residents, commercial interests and the state Land Board.

In the end, the commission deadlocked 2-2 on a motion by Connie Sprynczynatyk to approve the permit on the condition it be reviewed in five years. City Attorney Charlie Whitman said the vote meant that the appeal was unsuccessful and the planning commission's recommendation stands

Charles Carvell, representing the Land Board, said the asphalt plant would impact school-owned lands that the Land Board was charged to develop. The Land Board has jurisdiction over 585 acres, which it is planning on developing, some of which is residential and within a half mile of B&B's proposed plant. Ulteig Engineers Inc. had developed a plan outline for the best use of the land, and Carvell said B&B's presence would hurt land values.

"Our concerns are the dust, truck traffic, noise and aesthetics. All these characteristics affect property values," Carvell said. He said that while B&B had met all the requirements for the special-use permit, the city should deny the permit through the general provision that the permit not be detrimental to adjacent properties."

Commissioner Connie Sprynczynatyk said the property B&B was considering has been zoned for industrial use for 20 years and questioned the Land Board's decision to place residential next to the industrial zoning without any plans for a buffer. Several residents of Countryside Estates subdivision, who asked that special-use permit to be denied, said they are worried about property values and the impact it will have on their families.

Attorney Joe Cichy, representing B&B, said he believes the plant won't have an effect on values of adjacent lands, noting that the firm has received a permit from the State Health Department. "The people appealing this permit are throwing out a red herring to cloud the issue," Cichy said. "The real issue is if B&B has complied, and it has."

Mike Baumgartner, who with Randy Brendel, owns B&B, said they had done a lot of looking for property for their business. He said that nobody was complaining about the city landfill or the city shop which was burning oil, much as they planned to do.

In an attempt to compromise, Sprynczynatyk made a motion to approve the special use permit on the condition it come up for review in five years. This came after an attempted motion by Commissioner Dave Jensen to deny the appeal of the special use permit, which died for lack of a second.

Commissioner Bryce Hill and Sprynczynatyk voted for her motion, but Mayor John Warford and Jensen voted against it. Commissioner Sandi Tabor had excused herself from the issue, citing a conflict of interest. Attorney Charlie Whitman explained that the tie vote was the same as taking no action on the appeal which meant it was unsuccessful and the recommendation by Planning and Zoning to approve the special use permit for B&B.

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@bismarcktribune.com.)