00:00:10,600	to order this uh this month’s or this, I guess June or July’s uh Burley County Planning and Zoning commission meeting and we’ll start off with a roll call. So if Marla, you could take us through that. OK. OK. Comm. Bitner. Yeah Comm. Connelly. Comm. Connelly here Comm. Jarrett. Comm. Munsen. Comm. Patrick here. Rich here.

00:00:49,670	Comm. Streifel here, Comm. Zaroff. Chair, here. We are missing Wayne Munsen. All right, thank you, Marla. We have a quorum and welcome to our new members. Thank you. Uh, we will move into the approval of the uh June minutes. Anyone have any comments, questions. OK, it has been it has been moved for approval by Comm.

00:01:26,570	Zeroff, seconded by Comm. Jarrett to approve the minutes from the previous meeting. All in favor say aye and any opposement? Hearing none, The minutes of the June meeting are approved. Yeah, that takes us into our consent agenda. first thing on our consent agenda is the Aberley 2nd subdivision.

00:01:49,400	So Mitch, if you could take us through the details of that. Yeah Good evening, commissioners, uh. Up first for tonight is the Aberle. 2nd subdivision. This is a uh. 102 acre parcel that they’re 100 almost 103 acre parcel that they’re splitting off 6 acres. Um, it’s located off 145th Street. in Lenoke and.

00:02:24,730	The, um, History of it, the stormwater management waiver was approved on June 27th. The preliminary plat, the one that’s presented tonight was submitted on the twenty-seventh. The review of that plot was was approved on the twenty-seventh. Um, like I said, it’s a six acre parcel with the uh 75 ft easement leaving, leaving it down to 5.04 acres. You probably can’t see these things on the plat.

00:02:57,200	This is the riverine here. To the north of the lot. Uh, this is the, uh, Water easement for South Central Water District coming from the east to the west. And I go south to the house below it, and then on to 145th. Uh, this is the uh the uh 75 ft ride away.

00:03:22,930	With the dedicated easement to Burley County. Um, That’s about all I have to come if you have any questions for me. OK, any questions or comments for Mitch? OK, seeing none, thank you, Mitch. This is a public hearing. This, this is on the consent of this, OK, yes. The uh One thing I might add.

00:03:51,700	Um There’s a lot of activity out here in Mino and we’ve in the last couple of years we’ve, we’ve approved 1112 flats. We have two items on the agenda tonight from this. As you can see, this is the area where the, where the subdivision is.

00:04:12,000	And they want to rezone it to R1 because it’s 5 acres below the 10 acre minimum for ag. So, um, As you can see, there’s a lot of mixed juice out there. And Mitch just on your mouth, just call out the red, the red pieces, are those all are one or are those those are industrial.

00:04:31,870	Or Oh, all, all of the red red, yellow is is uh residential and the blue is commercial. OK, thank you. Green as egg. Got you. OK, uh, we’ll move into a discussion and action on the uh consent agenda 31 Iver Lee second subdivision. Uh, yes. There is also a request for zoning change on this property from ag to R1. Oh, OK, excuse me.

00:04:59,000	So we can do both at the same time. OK. So we will move into uh a discussion on the Averly 2nd subdivision and a zoning change. Excuse me? Any discussion or action from any of the commissioners? Motion to schedule a public hearing. Millisecond. All right, it has been moved to move this to a public hearing by Comm. Bittner, seconded by Comm. Zaroff.

00:05:31,670	Is there any discussion on the motion? OK, seeing none, we’ll move into a roll call vote, Marla. The motion is to, um, approve Aberle’s 2 subdivision and the zoning change from egg to R1 to a public hearing, a yes vote you means you approve the motion. Comm. Streifel. Yes. Comm. Rich Yes. Comm. Bittner. Yes. Comm. Connelly, yes. Comm.

00:06:15,270	Patrick. Comm. Jarrett. Commissioners are off. Chair. 8 All right, the Everly 2nd subdivision and zoning change is uh approved to move to a public hearing. Uh, we’ll move it to, uh, agenda item on the consent agenda, 3.2.

00:06:45,770	Um, that is the amendment to the zoning ordinance, uh, with uh special uses, special use section, Article 8 special use Section 28, AR Recreation. Thank you, Mitch, can you take us through some details? Um, this has been a work in progress for several months. We’ve had two stakeholder meetings on this. And it was batted back and forth like a tennis ball.

00:07:12,170	And this is where we’re at for the for this um Presentation tonight to see if we can move this to a public hearing. Basically it’s, it’s to allow recreation within an ag district. Um, as a special use, the Section 28 will allow recreation uses that are in common with an ancillary to its primary agricultural use such as pumpkin patches, farm festivals, corn mazes, hay rise, trail rides, Yupik orchards,

00:07:36,570	on-farm markets, floriculture, Yup pick Christmas trees. In the back of the page. 2 of 4, it shows some of the the requirements that are that are part of the tier two. There are two tiers. One is the tier one. Which is um, uh, for agricultural education, it’s um it’s it’s allowed by right on, on agricultural property.

00:08:06,930	If it’s a one day or or a singular event. It’s it’s not a. Every day for months kind of deal. Um, But it has a list of some of the things that were that are on here and some of the uh technical requirements.

00:08:32,530	The, um, we did remove, um, Uh, some of the items from the original, I don’t know if you remember the the original uh presentation included, um. Orchards and all in several different things. And we, we removed tier 3. The purpose of removing tier 3 was um. There was opposition to it.

00:09:00,200	It was crossing the borderline of of too much commercial activity on that property, uh, and that We felt that if you want to go to tier 3, you can go for rezone or have a PUD. If you want to go big, then that’s, that’s what it is. This idea is to allow us up to 75 people per day, per one day, uh, 30 times a year.

00:09:19,770	All right, and, and Mitch, just to clarify at the uh. Most recent stakeholder meeting, how many participants did you, did you get in the, in the stakeholder meetings, I guess. 20 about, OK. Are you thinking? I mean there was 43 people on the mailing list and there was a lot of emails, a lot of commentary, many for the tier 3, many against the tier 3.

00:09:43,000	It’s a tricky, um. Needle we’re putting through this, you know, thread through this needle because it’s, it’s. The the threshold for commercial activity on in some of these items can be very thin. As case in point, uh, pop smokin patch. Park and lean to one side.

00:10:09,770	And So we’re trying to protect agricultural use but allow them to do this. It’s, it is connected to an A use. It is, it’s similar. It’s, it’s kind of part of it, but it’s, it’s your some neighbors don’t want to have it next to them. So you have to protect both sides of the fence, sir. OK. Any questions or comments for uh for Mitch, uh, Comm.

00:10:29,930	Zar off and not necessarily for Mitch, uh, so Comm. Streifel and myself, uh, sat in both, uh, public or. Not public hearings, uh it’s in, uh, both, uh, stakeholder sessions, both stakeholder sessions or whatever here there are a couple of individuals here that were in stakeholder session while I do realize this is not a public hearing.

00:10:49,730	I also don’t think those individuals necessarily are. Public At this point, as they did have a lot of say into how this was crafted, so I don’t know if any of them are willing, but I just feel it might be good for everybody to hear if anybody that was in the stakeholder meetings, has anything that

00:11:06,430	you’d like. To say any anything, uh, any comments or anything like that I’ll leave that up to you, Chair, as to whether or not you’d like to allow them to come speak.

00:11:22,570	I don’t even know if they want to, but I do notice, I do see them here and I just figured if, if everyone’s OK with the opportunity, it might be a good idea for what I’ll say. Preliminary public input from people that were at those stakeholder meetings. Got you, yeah, exit, yeah, yes, uh, Comm. Sreifel.

00:11:41,100	I was just gonna ask Mitch when he comes back if We were told at the last stakeholder meeting that there would be another stakeholder meeting before this went to public hearing. So I’m just wondering if that’s still on the. Docket or That’s up to you. I don’t know if we’re going to get any anywhere different on it. It’s, it was discussed multiple times and it’s like.

00:12:00,200	There seems to be the group that wants to be beyond the tier 2. And Then you have the group that doesn’t want the tier 3. So it’s kinda, it’s, there’s a very fine line here and You have to consider whether you’re gonna hear anything additional or new. I don’t we I didn’t hear anything new on the 2nd 1.

00:12:23,030	Myself I mean, we’re We’ve been dealing this for for a long time. And the city in in conjunction with the city of Bismarck too. I attended their stakeholders’ meetings. And They’re a little bit different. We have different parameters, we have different problems from, you know, being agricultural or in the county, uh, so they’re, there are different effects and so something like this.

00:12:47,200	But if you guys wanna, if you want to have another 23 stakeholder meeting we certainly can. Yeah, I think, I think that’s something that that potentially could be uh tied into any motion to move this to a public hearing is, is pending uh something like that if, if, if we thought that that would be

00:13:05,270	something we did hash out a lot of things that the two stakeholder meetings we spent a lot of time going through everything. I don’t see a reason to open it up right now without it being a public hearing, um, and I don’t know that there’s a reason for another stakeholder meeting.

00:13:20,470	I just remembered that we had said there was going to be another one, so I wanted to ask about it. Yeah, this is, uh, like I said before, this is a very thin line between commercial activity and agricultural activity. It’s um. One person wants to make money selling pumpkins and You know, or doing doing activities that are not a normal farm activity.

00:13:42,730	And so it’s The idea is that if we issue this permit we have to stand behind it and protect whoever we issue the permit to. And so it’s that very thin line of commercial activity and agricultural activity that are gonna be Disruptive and a conflicting issue. If Some neighbor doesn’t want it.

00:14:02,000	I mean, it’s, it can ruin her life really if it’s, you know, for every day, they’re gonna have these people out there every day and it’s. It could be not what they expected when they moved out in the country or where they live out in the country for years, for generations. Yeah, thanks, Mitch.

00:14:18,130	Any other questions, comments? Yeah, Comm. Rich. As it’s written, the draft here, um, it’s limited to 75 people a day. Does that mean it puts Papa’s pumpkin patch out of business? What is Papa’s pop? That that is, I believe, pop punk pumpkin patch is a PUD correct. It started out as small, very small.

00:14:42,470	This is like 2025 years ago. So this would, this would not affect it would not affect it, no, I mean that’s pumpkins in the ETA we’re talking about. Um, Burley County and Jurisdictions and the outside of the ETA. Any other question they, they have hundreds of thousands of people out there.

00:15:08,530	I don’t know, I mean, it’s amazing how many people can be out there in a year and so I don’t wanna use them as as a poster child for what it can be a a bad effect cause it’s people love that pumpkin patch and they, they want to keep it right there and then they’ve allowed it. It’s kinda, but it started out small.

00:15:24,800	And that’s what this, this is if you want to start me my the way I’ve looked at this and the protect Burleigh County in the interest of of the landowners out there and the people who live in the country. Is the is the tier two would limit that to 25 people per day.

00:15:39,870	Which I don’t think that would be a big effect. But that’s up to you, this commission and the and the county commission to further review. This, I, I feel that that’s a safe amount. It’s a, you know, it’s not gonna be a huge amount of people, huge amount of cars during the. During that.

00:15:58,370	Time of year if you’re gonna have pumpkins, that’s usually 30 days or they’re gonna have apples, that’s usually 30 days. Strawberries, that sort of thing. Any other questions, comments from Rich? Uh yeah, Comm. Rich. You just said 25 persons, 75 persons.

00:16:18,800	Oh yeah, OK, up to 75, the tier two tier one, like I said, is a is a right that I allowed a permitted use. All right. Any other questions for Mitch before he steps away? Yeah, Comm. Connelly and watching a lot of these meetings and stuff when the conversation goes to PUD, I would just say because Of the public hearings and things that I’ve seen is don’t redraw the lines to the PUID have that established as something definitive because

00:16:41,600	that’s created some contention in the ETA discussions. Yeah, PUDs are designed, they’re designed uh district basically, they’re they’re each individual ones they’re designed specifically for that property.

00:17:04,600	They have a site plan, they have a defined use, they have locations for those defined uses and it’s drawn up as a site plan that’s presented to you is presented to the county commission. As what they’re intending to use that property for. If they want to expand that property in the future in a PUD they’d have to amend the PD. Go through the process of Of application All right, any other questions, comments from Mitch before he steps away? OK, thank you, Mitch.

00:17:28,600	Um, we’ll move into uh discussion and action on this uh line item uh as far as hearing from the public, we will definitely give the an opportunity to the public, but at the, uh we’ll save that for the public hearing, uh, so that we can hear from everybody and anybody who wants to speak.

00:17:44,070	Uh, so any discussion and or action on uh line item 32, the amendment 2 zoning ordinance, Article 8 special use Section 28, Agro Recreation. Yeah, commissioners off any of the individuals that were actually at the stakeholder meetings, um, I was getting kind of laid down here, uh.

00:18:06,530	Uh, no, we’ll, we’ll discuss this at the at the commission tonight and then uh when we open the public hearing, uh, should this move to a public hearing, then we’ll hear from anybody that is not the commission, correct. Any discussion or action? Yes, Comm. Risch. I’ll move that we move it to a public hearing.

00:18:24,600	All right, it’s been moved to uh move this uh this item to a public hearing by Comm. Rich seconded by Comm. Patrick. Uh, we can move into some discussion on this, uh, before we move into a vote. Any discussion on the motion? Seeing none, uh, Marla, if you could take us through a roll call vote.

00:18:51,230	The emotion is to Um, Approve the ordinance amendment for a public hearing. And the yes vote means you agree. Um Comm. Bittner. Yes. Comm. Connelly. Comm. Zaroff. Comm. Streifel. Comm. Jarrett. Comm. Patrick, yes. Comm. Rich. Chair Agne. 8 right. Alright, uh, item 3.2 on the consent agenda we’ll move to a public hearing.

00:19:35,670	Uh, the, we’ll move into item 3.3. Uh, that is the amendment to the zoning ordinance and Article 8 special use Section 29, solar farms. So Mitch, if you could take us through the details of that. OK. Um, We, um, We discussed this briefly at the last stakeholders meeting.

00:19:59,970	We didn’t have, we only had, we, we only had one discussion that was uh. With a few people of the last stakeholders on the solar farms. Um, there wasn’t many people that showed up for it, but it’s um part of us, you know, the Article 8 as includes Section 29. Uh, this will allow for development of on-site renewable energy systems.

00:20:24,770	I, I accessory used in any district, and solar farms will be allowed within uh agricultural district with a special use permit. I want to emphasize the difference between accessory use for in any district, that’s basically it’s considered a like like an accessory building. Is restricted to height.

00:20:48,770	It’s restricted to square footage location has to meet the same setbacks and that sort of thing, but any, any district can have it. Accessory uh the accessories solar unit is basically for like a water heater. Or supplementary electric for residential use or commercial use in the many commercial buildings to put him on on the roof or on their. Parking garages or even on onto the building themselves.

00:21:21,870	Um, The The types of solar energy systems that are described in the ordinance is the building, there’s a building integrated solar system. These are, are part of the com uh component of the building actual built into the frame of the building. No permits that is needed for this except for the original permit for the building itself.

00:21:40,700	The next one is the building mounted solar system, typically panels on thermal devices mounted directly to Uh, and they do not extend past the roof of an existing building, maximum heights for for an R1 type is 35 ft for this.

00:22:03,700	Accessory buildings, uh, building mounted solar systems are 25 ft height a building permit is required, then you go move into your freestanding solar systems which are mounted to posts at ground level. Additional requirements are are are included in the ordinance. Um, they’re allowed in all districts as accessory use.

00:22:27,530	Um, accessory solar system basically the breakdown is there any electrical or plumbing lines must be buried, wiring and batteries and other features on the roof must be screened, uh, or, or concealed to match the roof if the back of a freestanding system is visible. It must be screened with vegetation or buffer. There are Um, those are the three systems that we’re talking about. I’m, I am not an expert on solar systems.

00:22:50,500	Yeah, I will say that, but we do have somebody here who who does, uh, who knows a lot more about it and If you have any technical questions I could ask him to come up and speak. Are there any questions for questions or comments for Mitch? Or he steps away, yeah, Comm. Rich.

00:23:07,530	I, I, I, I thought I read where if they got over 20 megawatts they’d have to have approval from the public service commission, but I can’t, um, Yeah that’s on the solar farms. The uh I It’s um. Hm But that, that must be part of state law. It is, it’s part of the PSC.

00:23:36,400	Yeah, well, then the idea is that we’ll need their approval first before it comes to us. Sure. For conceivably, if this is passed, you could still have. Somebody put a 1000 acres of solar panels along the PSC approved it. Yeah, and on in agricultural land, yeah, that’s a solar farm. Yes. Any other questions for Mitch? OK, seeing none, thank you, Mitch, for taking us through that.

00:24:05,900	I’ll move in, we’ll move into some discussion and action on this item for the amendment to the zoning ordinance, Article 8 special use, Section 29 solar farms. Mr. Mr. Chair, would you like, would you like, uh, Jim from, uh, Light Source to come up and speak. I don’t think so, not, not at this time. OK.

00:24:38,870	Motion to schedule a public hearing. I All right, it’s been moved to to put this to a public hearing by Comm. Bittner, second by Comm. Streifel. Is there any discussion on the motion? Any discussion? Seeing none, uh, Marla, if you could bring us into a roll call vote. OK.

00:25:09,870	The motion is to approve section 29 of Article 8 for a public hearing. Um, Comm. Jarrett Yes. Comm. Patrick. Comm. Connelly. Yes, Comm. Richch, yes. Comm. Bittner. Yes. Comm. Streifel. Comm. Zuroff. Yes. Chair. 8 Proved. OK, uh, item 3.3 on the consent agenda, the amendment to the zoning ordinance, Article 8 special use, Section 29 solar farms will move to a public hearing.

00:25:49,870	That is it for our consent agenda we will move into our public hearings. Uh, first up on the public hearing agenda, we have the Minoan Farm Facility zoning change, agricultural to P public use district. Marla, if you could. Take us through some of the details on this. OK. OK.

00:26:33,330	This is the Minoan farm Facility, zoning change, um, they would like to change it from a agricultural to P public use district. And it passed a consent agenda on June 12th. Um, the petitioner is Burley County Soil Conservation District. And the location is Minoan Township, Section 34, North one half lying south of the railroad right away.

00:27:02,200	The project is 150 acres. And the present zoning is A. This was posted in the Bismarck Tribune on June 24th and July 3rd surrounding property owners, the notification left on June 27th, and it was put on the Burley County website June 28th, and we did a notification district of 2 miles, which was 113 notifications.

00:27:31,270	And we went through the history of the consent agenda and what they’re asking for is they plan on building a 8300 square foot building, which will be a public use building with a learning center, larger assembly area, and office pay space. The building plants have been submitted and a review is starting.

00:27:54,800	The septic system for the site is being designed. For specifically for that site and the stormwater management plan has been submitted and approved. The Minoan farm facility combines natural resource education and a systems approach to conservation, the 150 acre property is a demonstration farm established in 2009 to explore its soil conservation methods.

00:28:25,200	The farm is owned and operated by by Burleigh County Soil Conservation District, and they receive additional funding from section 319, a nonpoint source pop. Pollution control program through the North Dakota Department of Health Water Quality, and the natural resources Conservation Service.

00:28:53,300	The Minoan farm facility will hold various events at the site and offer training and education in income conservation methods for rule and error. Area visitors, urban areas, Visitors have 2 access points. One is I94 exit and the other is Main Avenue East.

00:29:25,000	Um, the public use zoning district is established for areas which the principal land use is governmental, civic or institutional uses, and they include major public facilities and the regulation is intended to prohibit any other use which would diminish its value in serving the needs of the public. And it’s an alternative zoning classification for public and institutional uses. Um, the Minoan Farm Facility meets the criteria of Article 20.1 public use district. And the principal land use is governmental, civic, and institutional.

00:29:52,700	It meets the criteria of the 2014 Burley County Comprehensive Plan, Article 4, Parks and Recreation, conserve and expand county recreational and scenic areas, natural features, parks, open spaces for the benefit and enjoyment of the public and the Minoan Farm Facility does offer educational seminars and farm tours to the public by appointment. The staff found that.

00:30:21,600	The change from agricultural to public use district fulfills the requirements of Article 20.1 of the Burleigh County ordinances, stormwater management plan has been approved. All the concerns from the necessary county entities have been addressed the established use of the parcel will not change the parcel is owned and operated by government agency. The parcel is in Minoan Township.

00:30:45,300	The township was notified, but we did not hear. back from them and the parcel meets the criteria of the 2014 Burley County Comprehensive Plan. Staff recommends that. The requested zoning change does meet all the criteria and staff recommends approving them request with the due pass recommendation.

00:31:11,730	Um, the county commission can approve the request and give it a due pass recommendation to the board of Burleigh County Commissioners approved the request with with conditions, deny the request with reason and table the requests for more information. OK, thank you, Marilla. Any questions or comments from Marla before she steps away. OK, seeing none, thank you, Marla.

00:31:40,100	OK, we will move into uh discussion and action on the, uh, excuse me, it’s a public hearing. We are out of the consent agenda. We will move into opening the public hearing on the Minoan farm facility zoning change a agricultural to public to public use district. So the hearing is now open.

00:32:01,730	Uh if you would like to speak on this matter, please approach the lectern, announce your name, where From and sign in. Anyone like to speak on, uh, item 41, the Minoan Farm Facility, zoning change, agricultural toP public use district. This is a public hearing. Absolutely. Please come ahead and, and, uh, tell us what your name is, where you’re from, and then uh sign in before you leave. I’m Ken Couch.

00:32:28,400	I live right across the road from the farm. And my biggest scrape. I guess is Putting chloride on this road. Uh, they did it yesterday again. Now when it rains heavy again, it’s gonna turn it into junk. And the people that lived down that way are the ones that have to drive in it.

00:32:54,900	And Yesterday You run the blade through, did a nice job. Then here come the water trucks with the chloride. And uh Takes a couple of days for it to dry out, but when it rains on that stuff. It’s pretty nasty. You get ruts in there that’s deep. And if you got a new car. Better keep it clean.

00:33:14,600	Because it’s gonna rot it out, it’s gonna ruin the finish on it for one thing. And It would be nice if they pave it if they’re going to do all this stuff. At least down to their driveway. Because that’s as far as the water trucks went. Yesterday was to their driveway and they turned around. And soak her down again, so.

00:33:36,100	That’s the only gripe I got. If they’re gonna do all this. So Uh, any questions or comments for, uh, Ken? Yeah, Comm. Risch, why would they use chloride? is that common practice? Yeah, pretty much, uh. I’ve seen it done on the road. North of McKenzie going up to Northern Improvements hot plant. Uh, when I worked for them.

00:34:04,200	Um, They pretty much plowed it in with a blade. And they soaked it down good and then. Northern trucks had to drive in it. And we were, we were in there and getting a couple feet deep. And uh Of course, their trucks made it through.

00:34:22,570	All it did really is mix that solution up into the soil. You know, and And when they bladed it across, uh, And got it packed in there real good. It was a pretty good road. But I don’t know if they’re doing it different on this road or what, but I know they didn’t plow it in. He, the blade came through first.

00:34:42,070	leveled it all out. And then they come in with the chloride and he bladed it again and So It’s not getting down in there like you did up. On the road north of McKinsey. But it’s supposed to set up. And give it a nice. Finish where it’s, there’s no dust.

00:35:04,200	You know, it cuts down the dust tremendously, and I think that’s what they were trying to do. But You got It’s a if and or thing. If, if it cuts down the dust and it rains aren’t really good. And like our neighbor to the south of me is building a house down there now. And they had a bunch of northern trucks come through.

00:35:25,470	Seemed like every time it rained they had to bring them heavy trucks in there and it just tore that road up really bad. And they finally got it straightened out yesterday. So See how long it lasts this time, but. Once, once it rains and they bring them heavy trucks and it’ll just destroy that road.

00:35:48,330	So Like I say, if they pay it, problem would be solved. You know, they wanted me to pave it. When I busted up my land to sell some of it and I, yeah. I’m selling it for 5000 an acre. Uh I’m not gonna make that kind of money on it to pay it a half a mile.

00:36:10,730	You know, so But they’re a business, I don’t know. Tony, I suppose so. Why not pay half a mile of that. Yeah, yeah, any questions for Ken? Yeah, Comm. Scheifel. So if, if they didn’t put chloride down, would the dust be a problem? Well, I lived with the dust for 25 years.

00:36:33,930	And all of a sudden they started doing this last year. And Like I say, it uh it gets it gets rained on, it gets really snotty. Uh, if it’s not on there. It’s like any gravel road, then, you know. You’re gonna get dust no matter what. I’d rather put up with the dust. That I would to drive through that stuff.

00:36:56,900	With my new vehicle. Or any vehicle as far as that goes. All right. Any, uh, any additional questions for Ken? Seeing none, thank you, Ken. Right, this is a public hearing, so if anyone else would like to approach a lectern and speak on this, uh, this is the public hearing for the Minoan Farm Facility zoning change, agricultural to P

00:37:30,900	public use district. If anyone would like to speak, please approach the lectern. Let us know your name, where are you from, and sign in. Anyone else like to speak? OK.

00:37:58,130	Let’s seeing none, we will close the public hearing and move into discussion and action on the Minoan farm facility zoning change agricultural to P public use district. Yeah, yes, Comm. Connelly. Could I ask Marcus a question. Absolutely, yeah, and Marcus, if you’d like to come on up, we got a question for you. I know how you love the questions.

00:38:23,670	Go ahead, um, with, with the last gentleman talked about and things I know up on 15th Street Northwest before that became part of the city and the um Elk Ridge area you had an application that was put on the road a little different because of all the heavy equipment and stuff going on is it’s not quite a full pavement, but it is a different application. That that’s correct.

00:38:40,670	Uh, just backing up a little bit, I just want to um Virtually everything he said was true, OK, so, uh, we use magnesium chloride or calcium chloride is a death control agent, uh, when it’s requested or in areas where there’s uh something generating a high volume of traffic on a gravel road, um, those are the two common issues.

00:39:02,600	Once in a while we also get a, a request from a resident because of health concerns, lung concerns or something like that, we’ll go ahead and and do some magnesium or calcium chloride, uh, so it is. Um, a problem when it rains, that’s absolutely true.

00:39:22,930	We are cutting back significantly from what we used to do as far as magnesium chloride, uh, we’re reducing the areas a lot both from a budgetary point of view and also to try to clean up some of these bad uh areas that we have when it gets wet out there trying to reduce some of the problem due to that magnesium or calcium chloride, so.

00:39:42,130	You are correct on the 15th Street south of uh 57th there. We did a double chip seal on that particular roadway, um, and that is an option that was kind of an experiment for us out in that location, uh, we did a double chip seal. It did last fairly well.

00:39:58,730	Uh, the city did take that road over and then they went ahead and paved it, a regular pavement to it, so I double chip seal on that particular action there we did work in material. I don’t know if that was base one or.

00:40:17,600	Base one, a subsurface material tried to strengthen the base underneath that, and then uh go ahead and put, we do chip seals all the time, you’re probably used to seeing chipseal. This is a chip seal and it’s a double chip seal, so it’s just twice on a gravel road just straight on a gravel road, um, and it, it did perform pretty good.

00:40:36,070	Now we also have done this, uh, on one subdivision, uh, subdivision area, um, so far that is holding up pretty decent also, uh, except for uh in that. Particular situation uh in a subdivision you’ll have uh garbage trucks, a lot more.

00:40:54,670	You’ll have a lot more turning movements going on, those kind of turning movements and stuff like that do break up that chip seal so we’re not seeing as good a performance there. So if the county board chooses to do something like that, that’s always an option they can approach the highway department and we can look into that at some point in the future. So that is an option down the road. All right, thank you, Marcus.

00:41:10,870	Any other, any other questions for Marcus at all? I don’t, I don’t think so. Thank you, Marcus. Alright, uh, yes, so we’re moving, we’re into a discussion and uh and action on the Monoan farm, uh, facility, zoning change, agricultural 2P public use district. Yes, yes, Comm. Patrick.

00:41:42,800	To OK, it is, it’s been, uh, is there a second? All right, it’s been moved by Comm. Patrick to move this forward to the county commission and seconded by Comm. Zaroff. Is there any discussion, any further discussion on the motion? Mr. Chair. Yes, Mr.

00:42:07,530	Chair discussion with the Burleigh County Soil Conservation District about Maybe doing something different with this road is that, is that a possibility? Uh, how much road is involved? Yeah, um, Mitch Marla, can you maybe elaborate on that if there was any, any additional. Road, a way to treat the road or anything like that with the with the uh. Uh, soil, the soil district. We have not talked to them about putting any additional money into the road.

00:42:36,730	So We just made sure there was access and it was a good bro and it is a it is a half a mile, correct? Or approximately a half a mile. OK, yes, Comm., I’m wondering if there’s a discussion that can be had where they Uh, discuss stopping the application of this solution, if it’s just creating problems for the

00:42:58,730	people who live in the area. Mitch, yes, the the intent of this zoning was to allow, they, they want to build a 12,000 square foot building out there. or 8000, I think it’s 8000 commercial buildings, so they’re gonna have a lot of people come out there for even for events, for trainings, for educational seminars, um, It’s

00:43:25,370	uh I’m not, I don’t know as to how many people are going to be attending, but I’m thinking there’s going to be an increase in traffic on this road, so there may be consideration. I don’t know if. Um, If we can, I, I don’t know, I’m not sure if we should.

00:43:45,230	Consider any kind of restrictions or Designs for the use of that road. I mean, if It’s an allowed, I mean, the chloride is allowed to be put down to control the dust, so. It’s, I’m thinking that. You’re gonna have a whole lot more dust out there with this increased amount of use.

00:44:08,000	For this building Yeah, I think as we heard in the in the public hearing or uh uh from Ken is that uh that can be that could be a note to uh for yourself, Comm. Bittner, to, uh, take that note when this, when this does come up at the at the county commission level because uh obviously the sport doesn’t doesn’t allocate funding, so

00:44:26,670	it’s uh that wouldn’t necessarily be our, our, uh. What what we would do. Any any other discussion? Um You may make a recommendation to the board that to to provide double chip ceiling. As part of the zoning change. we’re not, we keep in mind we’re not plotting this.

00:44:53,400	We can’t, we can’t, uh, you know, have some considerations, additional considerations, just strictly a zone change. But it is going to be an increased use of the of the road for for this building and so you may make a recommendation of that. And this will come up as a public hearing at the county commission level, correct? No, not OK just final approval, OK.

00:45:12,600	Thanks. Any other discussion? I would like to see that added somehow. I don’t know if it can be added to the motion that was made or? Where we have a recommendation, how is that? Well, we could do it as a, we could do it as an amendment or we could do it as a, uh, I

00:45:32,400	guess if uh if the the um motioner and the and the seconder or would be OK with adding that to the motion, we can do it that way also.

00:45:47,800	So Depending on either you can make a motion to add an amendment for that, and then we can, we can vote on that or? Let me ask Mr. Z, if he’s agreeable to, uh, uh, amending it so that it would say with a recommendation to Chip seal that road. Are you agreeable on that? They don’t be part of the motion. OK, all right, uh, Comm.

00:46:10,200	Patrick would like to change the motion to include a uh double double double chip seal recommendation to the county commission for this zoning change. Any other discussion on the motion of the Minoan farm facility zoning change agricultural2P public use district with a recommendation to double chip seal the I guess the double chip seal, the act of the gravel access road to their facility.

00:46:37,030	Yes, my Connelly, since I brought it up, I would just say it’s a good in between because if I remember right, the 15th Street Northwest, it was a sizable savings, um, versus paving it, so it’s a, it’s a worthy experiment, I think, like Marcus brought up. OK.

00:47:05,270	Any other discussion? OK, seeing none, we will move into a roll call vote. So Marla, if you could take us through that. And you’ve got the, the motion straight. OK. OK. The motion is to give a due pass recommendation to the board of Burleigh County Commissioners with an additional Uh, double chip seal. Recommendation for the road.

00:47:33,900	Um, are you gonna make that a requirement for passing. Um, the ordinance, I mean, to the County commission Or is it just gonna be a recommendation? I believe it was, it was sent as a recommendation, yes, then the motion will be. Uh, do pass recommendation with the recommendation to upgrade the road. work with a double chip seal with the double chip seal.

00:48:01,330	OK. All right, um. Comm. Jarrett Yes. Comm. Connelly, yes. Comm. Bittner. No. Comm. Patrick. Commit rich. Yes. Comm. Streifel. Comm. Zuroff, yes. And Chair. 721 OK. The uh Minoan farm facility only change agri agricultural 2P public use district with the recommendation to double chip seal the access road is uh moves to the county commission.

00:48:44,530	We’ll move the agenda. That is the Baldwin Greenhouse Special use permit for a corn maze for 2024 season. Mitch, if you could take us through the, the details on this, or excuse me, Marla, if you could take us through the details. Yeah, I’ll take it. OK, I’ll put this up here.

00:49:11,730	Real quick, this is the location. OK, um. This is the. A public hearing for the special use permit for the Baldwin Greenhouse on Stoll Farms, corn meats, um. It’s the first time it’s before the planning and zoning commission because it goes directly to a public hearing. Um, the petition, petitioner, developer is Mary Pole from Dole Farms LLC.

00:49:55,130	The address is 1725 2001st Avenue Northeast, Baldwin. The legal is Glenview Township, Section 24 West 1 half east one half, Northwest, 14th, uh, range 80. This is the 40 acres more or less, and it is zoned agricultural, and the petitioners are requesting approval of the special use permit and they do pass recommendation to the board of County Commissioners.

00:50:23,930	It was posted in the Bismarck Tribune, June 26th and July 1st on the Burley County website, June 28th and surrounding property owners were notified June 28th also, and we use the 2 mile notification and we notified 132 people. This is the site plan.

00:51:04,930	Um, the petitioner approached Burley County on June 20th requesting a special use permit to have a commercial corn maze on the ground of the Baldwin greenhouse. The corn maze would run from August through October.

00:51:27,630	Um, Clark Coleman, who in the past has had corn mazes and buck stop Junction will run the maze Friday through Saturday, stole farms are, um, Baldwin Greenhouse will run the maze the remainder of the week. There will also be a food truck, portable bathrooms, and a gravel parking lot and the last person to enter the maze on any day will be a half hour before sunset. The um Baldwin Greenhouse was owned and operated by the Weir family before being purchased by Stole Farms in November of 2022.

00:51:55,600	The weir farm operated a greenhouse which supplied to local businesses, Ace Hardware maybe uh runnings and they did have a public greenhouse that you go out and purchase plants, but they ran during.

00:52:24,000	The growing season and the greenhouse was closed during fall and winter months, um, since purchasing the greenhouse, um, stole farms is held held several events which include food trucks on Mother’s Day, for example, of 2024, they had over 2000 people who visited the greenhouse and enjoyed the food available through the food trucks on the site. Starting in the spring of 2023.

00:52:48,530	Burley County started to receive complaints about the activities and the amount of people on the greenhouse property, the concern expressed was that the activities being held were not agricultural in nature. These non-aggravate agricultural events were affecting the neighborhood property and his livestock.

00:53:15,200	Jamie Feis is a neighbor and he shares the east-west property line with the greenhouse, his family, he and his family raised and breed deer on his property and his animals are wild and they’re not pets. Um, the additional activities of the food trucks alone has caused his deer to bolt against the pens and has caused death and miscarriage in his stock. His pens are located approximately 40 ft from the shared property line.

00:53:43,470	Um, when he purchased the property in August of 2020, the greenhouse was only operational between the summer months and traffic was limited to those purchasing items at the greenhouse, fruit trucks and various activities were not held on the pro on the property. The most recent complaint from Mr. Feiss was the encroachment on his property by equipment used to seed the corn maze.

00:54:06,400	The operator of the equipment used Mr. Face’s 40 ft buffer zone to turn around while seeding the corn maze. The equipment caused damage to the plants and shrubbery he was trying to grow as an additional buffer. He’s very concerned about the additional activity of the corn maze and participants in the corn maize trespassing on its property to see his deer.

00:54:31,530	Um, he has submitted documentation with his complaints and we have attached that in your packets. The ones we printed, printed ones didn’t turn off very well, but the ones that you saw on the website are very clear. Um, county staff did visit the site on June 28th to address Mr.

00:54:55,600	Feis’s complaint and verify the additional information on the location of the corn maize and measurements and pictures were taken at the time. The requests that they made for the special use permit to have the corn maize is allowed per Burley County zoning ordinances, Article 8, which is set up in order to accommodate different things, events that require certain uses because of unusual side safety concerns, hazards,

00:55:26,100	infrequency of occurrence. So everything, every special use permit application that is submitted will be heard by the commission. Um, the petitioners had submitted a site in operation plan for the corn mas as follows, the hours will be 9:00 a.m. with the.

00:55:51,170	last person entering the maze one half hour before sunset, normal operating hours are from 9:00 a.m. to 6:00 p.m. on Monday, Tuesday, Thursday, Friday, and Saturday. Um, 10 a.m. to 5:00 p.m. on Sunday. The maze will be operated from late August through October. Clark Coleman will operate the maze, stole farms may run the maze, the remaining days of the week or by appointment.

00:56:14,530	The parking will be on a gravel parking lot, located approximately 100 ft from the West property line. Um, overall parking is not available and restrooms, porta potties will be available and located within the greenhouse complex.

00:56:41,270	The maze is located in the middle of the parcel and approximately 6 acres in size, a buffer of 7 rows of corn have been planted on the west side of the property. Um, county staff did visit the site and they took measurements along the West property line to the corn maze. Um, And the property line the average distance between the property line and the corn maze is 15 ft. Not the best pitcher.

00:57:16,530	But Um, there is a footpath located along the property line to the south end of the maze on both the east and west sides of the site and the buffer rows of corn run east and west and the buffer rose should run north and south to provide a more effective visual buffer between the maze and the neighboring property.

00:57:39,000	The special use the application does fulfill the administrative requirements. Of Article 8 Section 1, general provisions growing on the corn is allowed in agricultural zone district. The operators of the corn maze will charge a fee for participation. The petitioner states 400 to possibly 2000 people could participate in the maze on any given day.

00:58:09,500	Um, the cornma does not have a 100 ft buffer between the properties and the maze is approximately 15 ft, it varies, um, from the east-west property line. The corn maze could be considered a commercial enterprise, which is not allowed in agricultural zone district.

00:58:38,930	And operation on the corn maze does not follow the intent of Article 11 agricultural district regulations. Um, Fruit chucks are not considered an agricultural activity. And according to the proposed agricultural recreational ordinance, which we approved for a public hearing tonight, um. Operation of the corn maze would have to have a size limit of 75 people per event and and limited to 30 events per year.

00:59:09,670	Um, the operation of the corn maze is for commercial purposes and is not an allowable use in egg district. Um, the operation of the corn maze will impact the surrounding property owners use and enjoyment of their property. The application for this type of special use permit does not coincide with the Burley County Comprehensive Plan.

00:59:38,530	Staff recommends denial of the special use permit as the operation of a corn maze is not an allowable use or a special use in agricultural zone district. Now a planning commission, you can approve the special needs permit, give it a due past recommendation or you can approve it with conditions and then go for the Du past recommendation.

01:00:04,070	You can deny the special use permit with reason our table the special use for more information. And that’s all I have. All right, thank you, Marla. Are there any questions for Marla before she steps away? Commissioners are off. How did you guys, uh, Locate the property line. Well, we um had to go by what. Um, Mr. Feist.

01:00:29,270	Jamie I had gotten the property line, and he posted trespassing fines, uh, along the property line that was Surveyed OK, so that was a surveyed line that was marked and you went off of survey markers for that then went off the um.

01:00:50,170	Marv went out there, he did it off the no no trespassing signs those signs may or may not be on the property line or not, or they might be a foot or 21 way or the other and. Yeah, he did, um. He did have it surveyed at one time, but, um. No, we don’t know if that was the property line or not.

01:01:06,630	And um we just have to go by the pictures, um, Marsh said he went to the nearest corn. And then back to the. Uh, no trespassing sign. So All right, any other questions for Marlo before she steps away? OK, thank you, Marla. All right, this is a, uh, this is a public hearing.

01:01:36,130	So we will move into the public hearing and open that public hearing right now. This public hearing is on the Baldwin Greenhouse Special use permit for a corn maze for 2024 session. Uh, if you would like to speak at this public hearing, please approach the lectern, introduce yourself, tell us where you’re from, and sign in on the clipboard.

01:01:58,970	Good evening, honorable board and guest, my name is Mary Pole. I’m sorry, your pen is not. Working. Um, so I will get a pen shortly. As I said, my name is Mary. I’m part of the family of Stall Farms LLC, Baldwin Greenhouse, and Nursery, and we are very interested in hosting a corn maze.

01:02:20,370	Many of you may have brought your families to uh the corn maze near Buckstop Junction. Thank you. In the past, and, um, The Colemans have decided that that was they’re trying to slow down and find time that that was a little far from home and the Balon Greenhouse was right down the road, so last February, uh, shortly after we purchased the

01:02:41,330	property, um. They came and asked if we they could host their corn maze there and of course we, we thought that idea was wonderful. Um, so as, as far as impact, there is no anticipated impact to roads and infrastructure, 2001st Street is currently managing vehicle loads common to stall farms in the Baldwin Greenhouse nursery existing business, larger

01:03:06,530	trucks, farm equipment, Baldwin community, and all of our great customers have utilized that road and um it is one of the first passable roads after the snow.

01:03:30,470	Um, we know that we can handle the parking and the infrastructure of that for from a couple of our, our days where we had um very good participation in in purchasing our plants and we looked at that not from food trucks perspective, but how many, uh, transactions did we do during the day and anticipated a family of 4, for about, uh, at least 1200 or over 1500 at any one time, uh, during the year. There’s no impact to water bodies.

01:03:52,130	The crop land by which the corn field lies is with shortly, uh, outside the riparian area, and even if it was we are meeting the swamp buster requirements of USDA as well as highly erodable land, um. Requirements even though we are not USDA participants. We do have a strong conservation-minded tie.

01:04:14,630	This is the only planned corn maze in Burleigh County, and I do have a letter from the, the mayor of Wilton in support of such a thing, and I can gain more, more letters of support, um, this activity offers a tie to agriculture and in the beginning of your ordinance, you talk about Burley County being supportive of agriculture.

01:04:34,370	There is no normal agriculture, by the way, um, somebody used that term, uh, there is floriculture. I myself have been selling buy your own Christmas trees for many, many years and not at that property, but at another property. Um, I am a trainer for AmeriCorps and Strengthen ND to help new farmers get into business.

01:04:57,300	I am working with a floriculture person. I’m working with a person who plants only peppers and grows thousands of peppers. Uh, so there is no normal agriculture. The Baldwin Greenhouse nursery can manage a large number of people are, are parking lot is well away from neighbors and it is graveled and can easily expand um if we have more people.

01:05:25,230	I don’t anticipate 2000 people at any one time, uh, during that period of time, but I did use that as a as kind of a framework. Um, prior to this, I did do my homework as a USDA retiree. I, I.

01:05:44,900	Spent a little time in policy, um, I was only familiar that a permit was needed because I was asked to the stakeholders committee meeting, um, based on, the previous, uh, special permit that was on your agenda. Uh, and so in good faith, I turned my permit in and my $300 or Jared’s $300 I should say. Um, Agriculture needs to be supported.

01:06:10,930	Yes, maybe it’s not, but that field itself is considered cropland even by the A Comm. and any participation in programs that I could do through the state and any participation I would do in USDA. Um, so prior to this, I was not aware of any, any regulation or ordinance.

01:06:35,030	I did talk to the township uh chair people um once when we first purchased the property about some of the things we are interested in doing, and then recently just to make sure now I’m learning a lot. I understand that that. That township.

01:06:57,930	has given up their responsibilities to this board so that they uh they don’t actually have a say, but I still think that that that’s pretty powerful to have a local township be in support of such a thing. Um, and no concerns. So responses, um, push back from the Fe family. It’s not our purpose at the stall farms to hurt his animals. Um, My family and a lot of my friends are animal lovers.

01:07:24,130	Uh, I myself have been out there planting trees, and I have done so without spooking his deer, uh. For the most part, I would say that some of the pictures that I did see when I opened your agenda for the first time today when I got here, I was not aware that there was a problem.

01:07:42,900	I knew, I anticipated a problem, but the deer damage that he shows if, if it is in fact um The same timing was the first time he met my daughter-in-law and my son as they were walking in the back pasture.

01:08:03,130	For the first time after they had purchased this place several months, remember the snowfall we had, and he came yelling at them, and apparently they had spooked his deer. They did not intend to do that. And since then, uh, there has been a little bit of a neighborly dispute, but I would argue or ask you that that is not your role in, in, um, managing a neighborly disputes.

01:08:24,970	It’s outside the purview of this committee and board and not the role of the Burton County Conservation or Burley County Commission. So, all due respect, uh, to staff and desire for neighbors to play nice. I worked with, I was your state conservationist with NRCS for 12 years in this state and play even even family doesn’t always play nice when it comes to regulations.

01:08:47,930	So, I apologize to Jamie publicly that that tractors were on his property. I was not aware of that that they had not been given that no trespassing sign, um, Information and that they turned on that. I do apologize for that. We apologize for the deer damage when we, uh, when family was walking on their own property unbeknownst to Jamie.

01:09:10,200	That certainly is unfortunate. However, we did buy uh the business with all intents to make it grow as anybody would. So I am not, I was not prepared to to negotiate or, or to rebuke the the uh the discussions that we had here, but I would like to say that I have lots of support from our

01:09:32,730	customers, from our community, to host a corn maze. I, I have learned in this that sometimes I, I open my mouth and all transparency and it comes back to bite me, um, but that’s who I am in all transparency, we have an agreement with Strengthen ND, a nonprofit.

01:09:55,630	And we hope to help 5 to 15 new farmers every year. On that property in some form or fashion and um because we need all sizes of farmers. We need all types of non-normal farming, including those who do produce. Our schools are hungry, uh, literally and figuratively for local grown produce. They are hungry for opportunities in agriculture.

01:10:22,400	We hosted 3rd graders this year and I’m getting off my soapbox and I apologize, but I have the mic. Third graders, all of Burleigh County’s 3rd graders or Bismarck school’s 3rd graders. Have you ever worked with them, even Burleigh County in North Dakota where we have 13 or 15 number one agricultural crops, and we’re the number one honeybee.

01:10:46,470	These children don’t know where hamburger comes from, or that they that vegetables taste good or that carrots weren’t always orange and that chickens don’t. Always carry salmonella and, and there’s just nothing more enjoyable than when you’ve got a family out there enjoying the outdoors together, putting those darn electronics aside, and we can say agriculture is doing that.

01:11:10,430	So I’m getting off my soapbox. I would remind the group that, uh, at the time we did this, there was no requirement of crop land to be 100% from the property line. We did include some rows of corn, whatever direction they might be. To add a buffer.

01:11:29,200	All around the corn maze, but at the end of the day, that is a crop land field, uh, as defined by USDA and the Ad Comm., and we have, um, I believe that property right to do that. Uh.

01:11:54,230	May I entertain any, any questions? Are there any questions for Mary? Any questions for Mary? I guess I, I just have a, a, a quick question. I know that, um, uh, that there’s, there’s a special use and then there’s a uh a PUD, uh.

01:12:15,000	Is, is there a reason why you wouldn’t, you, you didn’t pursue the PUD route rather than I understand what the difference is between, well, what a PUD is, um, that may be my next step, but in participating with the stakeholders, even though there’s this special ordinance is not complete yet, um. I knew I should at least in good faith do that. And so that’s, that’s what I did. As we move forward, if it makes sense to do the PUD, I will certainly be back in. OK.

01:12:38,000	Uh, any other questions for Mary? Oh yes, Comm. Jarrett, yeah. Um, Can you show me on this map that I have or if there’s a better one, help me, it’s not a better one. The deer pins that are. Mentioned as a problem. Where are they in relation to the uh what’s in.

01:13:02,700	The gravel parking lot and then the corn maize. Yep, absolutely. Oh, there we go. OK, thank you. Yeah, there, there’s, there is, uh, in the packet tonight, we received an additional email with the layout of the pens in relation to the corn maze. Thank you. I see. OK, yep, I’m good. Thank you. That this Yep.

01:13:28,130	That All right, any other questions for Mary before she steps away? Yeah, uh, Comm. Connelly, yes. Not actually a question for her, but if I may clarify what you mentioned the special use permit versus the PUD, um, the special use permit had a limited 75 and, um, there would be times where there’d be more than 75.

01:13:50,730	I don’t believe that was clear from our stakeholders meeting. In fact, it’s one of those bones of contention, um, on the numbers. Um, so yes, it’s very possible that any one day we will have more than 75. OK. So it might be the PUD that would apply more.

01:14:16,730	And what does PUD stand for? unit development planning unit development unit it’s basically a specialized zoning specific to that property for the intended use of the property. Uh, it’s Custom written Does that, would that impact my participation in USDA as a cropland field? Then I will do that next if it’s so, so determined.

01:14:37,070	That’s a great question if that would, I don’t, I don’t, I know I don’t have the answer to that if that would have any impact, but. Not sure. Any other questions for Mary? Um, oh, yes, Marla.

01:15:05,330	Mary has put in, um, an application for a special use permit, including the educational building that she wants to complete, um, I believe that I, I, I changed my application to just this that is not on the table at the moment. Right. And, um, with that, um, we did talk to her and Uh, we asked her to wait on that because we were going through the stakeholder meeting, um, as staff, we will recommend that she does get a PUD for that property.

01:15:25,770	Um, in the future. Um, and whether that’s approved, it’s gonna be up to you, um, like she said today, we are just looking at the corn maze and the. Special use of having this corn maze on her agricultural zone property, um, whether she does a PUD or not, that will be in the future.

01:15:50,830	And, and clarity is needed on that because a washing pack, um. And commercial kitchen is part of my type of agriculture, um, just like a barn would be or a dairy facility, so that also needs clarity.

01:16:11,530	And the uh just just for uh an additional clarity, this is uh I know on our agenda it says this is corn maze for 2024 session. Is this a special use permit just for this year, correct, just this year. Any additional questions for Mary. Thank you all very much. Thank you, Mary.

01:16:36,300	If anyone else would like to speak on this in this public hearing about the Baldwin Greenhouse special use permit corn maze for 2024 session, please approach the, uh, lectern. Tell us who you are, where you’re from, and, uh, sign in. Hi. Good evening, commissioners. This is Clark Coleman. I’m the farmer. Um, So this is kind of caught me by surprise tonight.

01:16:53,870	I really wasn’t even aware that I was going to be needing to speak on this, but you’ve touched some grounds tonight that’s really bothersome for me. Um, let, let’s start back when we first started doing the corn maze, uh, Kathleen Jones, the county Comm.

01:17:10,000	, contacted me about the land by Buckstp Junction, and she was really upset with the way it had been farmed and she approached me many, many times about Clark, would you come down and farm this ground? And so I finally talked to her and I said, yes, Kathleen, I will, but um I’m not gonna come down, you know, almost 25 miles to farm 55 acres just because I like traveling to Farm 55 acres.

01:17:27,570	I told her and the commission at that time that when I do this, it’s probably gonna turn into something a little bit more than just farming. I, you know, I’ve been wanting to do a corn maze. I’ve been wanting to do a few things, educational things, activities type of stuff, and she said, yeah, that’d be great.

01:17:40,900	She actually talked to the county commission about that, and there was no um permits or Anything like that, but they were well aware and we actually put in the contract that I was probably gonna do a corn maze there and it was all good to go, OK, so we did that thinking, yeah, well, how’s this gonna turn out? Man, that first year was unbelievable. People just enjoyed it.

01:17:55,130	It was during COVID, people would come out, go through that corn maze, and sit out in the parking lot and we were wondering why are they having car problems? What’s the deal? I’d go see him and say, oh, we just, we don’t want to go back to our apartments. This is the only place and it, it just.

01:18:06,970	People loved it, absolutely loved it. It wasn’t financially that great of a deal, but it was fun. It was fun for us to do. And yes, when the corn maze was done that year, we combined it and I sold that corn.

01:18:21,800	We, we combined that field and we have done that every year since then and the corn maze has kind of growing and growing and growing. Well, last year, Um, it just, it just was getting to be a lot, you know, we we’re driving down there trying to maintain that corn maze, um, I got tighter, tighter, more people were getting condensed and it just wasn’t working as well and then

01:18:37,200	throw that one year of the drought in there and stuff and so it, it was just time for us to either not do the corne maze anymore or move it back close to our to our home, um.

01:18:50,900	And then when the Baldwin greenhouse changed hands, I thought, you know, maybe they’ve got a little extra land down there we can go continue this corn maze because it’s, it’s just community really likes it. We talked to the stools and they said that’s a great idea, and I said, OK, here’s my plan, um, you know, this spring we’ll come down there, uh, we’ll, we’ll, we’ll go back through with the tillage tool and we’ll work up

01:19:06,530	the ground and uh and then we’ll plant a corn maze and if it, if it gets, if it’s good, we’ll, we’ll do a corn maze again this year. And I personally went over there and I broke that ground up.

01:19:19,430	I went in there with our, with our quick deal we call it a disc and when I went around that field, I was sure to stay plenty far away from the property lines. There was no, no, no trespassing signs. There was, it was all basically the property line was full of weeds.

01:19:35,970	I mean, uh, ragweed and, and just all obnoxious weeds and so we worked, worked that up and got a nice little butterfly baker corn maze area, and I thought, ah, this could work, this could work. And uh so then. Uh, the last couple of years we’ve been hiring a company out of Idaho. They come out and do a corn maze out in the Jamestown area and then they stop by indoors.

01:19:52,000	It’s a little 4 rolled corn planter and I was busy farming and stuff when they came and, and I, the guy’s done the corn maze for me down at my buck stop a couple of years. Super nice Guy, really accommodating. He showed up, I showed up. I gave him the corn seed. I said, there’s a field.

01:20:05,900	I got to be seeding. I was gone, so I didn’t, you know, I didn’t know which direction he planted it or whatever, um, I’ve never Walked over to the west edge of the corn maze to see how he turned, but I could see where he probably went to the edge of the property where I tilled and

01:20:21,470	turned on the property and then came back. I will uh about 100% sure that’s what happened. That was an honest, non-intentional mistake that would never happen again, planting north and south would not be an issue. It really doesn’t make any difference which way you plant that that corn planter does it any direction.

01:20:39,000	You could go in circles and it would do it. It was just an oversight and something that wouldn’t happen again now that I know that’s a. Um, Addressing the deer when I was down there, uh, breaking that land up, um. Those deer are right up along the fence watching me. I’d get a little close to them, they’d run away.

01:20:54,430	I get to the other end of the field and be by the time I get back there, they were coming up to the fence, um. I, I don’t know what the buffer is. I didn’t know there had to be a 40 footer 20 ft, 15 footer. I didn’t know. I mean, it’s property line.

01:21:09,400	All my other fields, he’s on someone’s farming on this side and 2 ft over we’re side and, you know, there’s 1 ft buffer, you know, it’s, it’s property line. You got to be able to use your land and and effectively use it to your benefit. I pay taxes on it. We pay taxes on it.

01:21:21,730	The stools pay tax on it. We need to be able to use it, um. So, you know, with that said, the farming part of it, um. That’s our, that’s the way we did it, um. I think it, I think you would find out that it’s really nice. The corn is already, you know, waist high.

01:21:38,200	Uh, we plant a type of corn that’s going to probably be with this moisture probably going to be. 12 to 15 ft tall. It’s not just regular old corn, it’s, it’s, it’s corn maze type corn, thick leaves.

01:21:56,330	I think there’s gonna be plenty of buffer there to protect any anything like that, uh, as far as disturbance of the neighbors, um, sure willing to answer any questions if you have any questions, um. Any questions for Clark? And Clark, uh, can you, uh, let me know where you’re from? I don’t think I caught that. Baldwin. You’re Baldwin. Yeah, yeah, I, I actually live in Bismarck here, but our farm is just.

01:22:14,030	Uh, what, 3/4 of a mile east of Baldwin, right on the same road, so we’re we’re real close and that’s one of the benefits of it will be able to do a better job staffing the corn maze and stuff. And the other thing I should talk about too is uh.

01:22:28,100	The last two years when we were at Buckstop, we started planting sweet corn, a little sweet corn plant. It was a pick your own sweet corn and uh unbelievable how many people would come out there and say they’ve never picked sweet corn, never, never had a chance to pick sweet corn.

01:22:40,330	We’d give them a 5 gallon bucket, we’d go out there and tell them to pick up, pick up, pick a 5 gallon bucket full of sweet corn for 10 bucks. I mean, they come back with their arms full of corn. They thought it was the greatest thing in the world.

01:22:52,030	Little kids would come out and, and it’s a really good variety of sweet corn and I pick it open and I tell him, take a bite and I’d have to convince him into taking a bite out of a fresh sweet Like that, they wouldn’t do it pretty soon, pay attention to them, they take a bite and a couple of minutes later, the cobs completely cleaned off and they just, the

01:23:04,730	experience of being able to pick sweet corn and do that kind of stuff is, uh, it’s great. Mary’s right, you know, we’re right here in the, right in the middle of all these crops and all these kids and uh some of them have never been on a farm, so.

01:23:19,730	And then we, we did some educational stuff out of the corn maze too. We had a couple of years ago we, we had a, a thing that we set up and we put all the different crops that we grow on our farm.

01:23:33,370	We had pinto beans, canola, soybeans, corn, confection sunflowers, oil sunflower seeds, something where the kids could actually take it, hold it, touch it, feel it and stuff. And those are the kind of educational things that we tried to, you know, try to do so. Yeah, we, we try to make it educational fun, but yeah, at the end of the day, I combine that corn.

01:23:45,930	At the end of the year, I combine it. So Right, are there any additional questions for Clark, yes, uh, Comm. Sreififel. The corn maze that was in by Buckstop Junction. Is that on egg land e zone egg zoned, yep. by the Any additional questions for a lark? Oh, yes, uh, Marla.

01:24:12,530	Um, buck stop Junction land is in the city of Bismarck’s ETA. It’s not a Burley County. It’s owned by Burley County. It’s owned by Burley County, but the zoning, uh, building planning and zoning is handled by the city of Bismarck. Any other questions for Clark? Questions for Clark, seeing none, if you want to make sure you sign in before you step away. Thank you.

01:24:36,030	Thank you. All right, this is the uh public hearing. So if anyone else would like to speak, uh, please approach the lectern and introduce yourself, tell us where you’re from and uh make sure to sign in before you leave. Hello Commissioners, I’m Sarah Ady Coleman.

01:25:04,900	I am part of the Coleman Farms operation, but I also wear another hat as the state tourism and marketing director for the state. Um, I, when we originally started hearing about this Agra tourism, egg recreation ordinance, which I kind of heard about a little bit late.

01:25:22,470	I know it had been going on for several months prior to that in regard to one particular neighborhood in a dispute. So when I became involved, I became involved more about the policy and the precedent that this sets for our state. Um, we are an agriculture state. We have visitors call every day who want to experience our agriculture.

01:25:42,270	We have, as some of you are familiar, have developed the, um, the North Dakota Sunflower Trail, which has won national awards. We have producers like Clark who are willing to sign it, put them on a map, and people drive by and, and just enjoy it, enjoy the scenery.

01:25:59,030	We don’t have mountains, we don’t have the ocean, but we have unbelievable egg scenery and unbelievable egg experiences and the corn maize and some of these agriculture events are just, it’s, it’s just imperative that we provide the opportunity not only to educate our youth, which like Clark was mentioning, it’s amazing to me how many people came out to our corn maze that had never seen anything grown ever.

01:26:17,100	Never touched a hay bale, had no idea, you know, how if they can our kids do this? Um, so, so it’s a combination of really. Setting when when this came forward, you know, I was told that we want to enable this. The county wants to enable this. It’s part of our heritage.

01:26:34,000	Agriculture is what our county, what our state was built on, and we want to allow this. And so that’s been my involvement is to try and figure out how to create policy that can allow it, and I agree, you know, some of it is too commercial and we need to figure out that line, but this is very much an agricultural

01:26:50,130	corn maze is very much an agricultural experience and as Clark said, You know, it, it’s something that is produced and then sold. Um, just, just, um, last week I was in the grocery store buying some sweet corn for the 4th of July, like I’m sure many of you were, and the gentleman who was who was

01:27:08,130	stalking the sweet corn at the grocery store. Somehow, I don’t know, he knew who I was. He, he asked me about the corn maize. Are you guys having the corn maize again this year? We enjoyed that so much.

01:27:21,670	What kind of corn do you produce? You know, this kind comes from here and, and started this whole conversation. I’m like, well, you got the marketer, not the farmer, so you’re talking to the wrong person. But just two days after that, I get a random phone call.

01:27:36,630	Somebody called, it was a, it was a gentleman who had been out there the last few years, him and his wife, they don’t even have children, him and his wife love the corn maze, have come out, they noticed we hadn’t posted anything. Are you doing the corn maze again this year? We just love coming out and hanging out and enjoying the fresh air.

01:27:52,570	Um, I can’t tell you how many work in the maze, how many um generations, we usually, that’s usually who comes out in a lot of cases. It’s multi-generation families that come and hang out and just really enjoy, enjoy the experience. Um, I wanted the last comment I want to make is in regards to the 75 people per at like how it’s worded now, it says 75 people at a time.

01:28:10,730	So that wouldn’t be a day in my mind. That would be in the corn maze at one time. But again, that’s where where these discussions, we never really landed anything at any of these stakeholders’ meetings. We talked and and a lot of different opinions were discussed, but we never really landed anything specific.

01:28:26,870	I think a lot of, um, concessions and, and, um, you know, compromises were reached, and I think some of us, you know, could live with that. Certainly, you know, it wouldn’t be worth anybody’s time if it was only 75 people a day. Um. So yeah, I’d be happy to answer any questions. OK.

01:28:44,470	Any questions for Sarah? Questions for Sarah? Seeing none. Thank you, Sarah. If anyone else would like to speak in this public hearing, please approach the lectern, let us know who you are, where you’re from, and sign in on the clipboard. Good evening, commission. Um, my name is Jamie Feist. I am the adjacent landowner.

01:29:24,800	I’m asking you to deny this special use permit based on the following. Um, These are not traditional 40 acre plants. Which lot size is 1320 ft by 1320 ft. These are long, narrow plats, 660 ft wide. By 2640 ft long. Um, meeting this is going to congregate a lot of people in a narrow area.

01:29:50,970	With residents on both sides, um. Some of the main reasons I would like you to deny this would be number one, the insufficient setback. This does come extremely close to my pens. Um, I’ve got uh. I’ve got a map here I can. I’m pretty sure this is in your packet as well. It will come up.

01:30:27,330	Now this map here is directly off the county website. The blue line is the property line, um, that is documented, uh, the black lines you can see where my pens are located at. Um, so you can see that buffer zone that I that I built my farm at, um, to keep my pens away from neighboring properties, um.

01:30:47,600	Like they had said, Marla had said, uh, the county was up and they did measure roughly around 10 to 12 ft. Up to 15 in one spot, um, buffer zone. And those posts were in place and have been in place since I purchased the property back in 2020, um. The no trespassing signs have been there.

01:31:12,130	I actually watched Clark disc the field that night, um. And the the post and, and the no trespassing signs were there. There was no issue with him. Um, he was correct that the deer did move back when he would come with the tractor. They weren’t spooked because that’s normal agriculture practice.

01:31:32,400	That’s not foot traffic, that’s tractors, deer are used to tractors, deer are used to equipment. The issue is going to be with the foot traffic. As Mary pointed out, the introduction of uh how I got to meet the neighbors, um. Right inside this tree roll here. I would be about right here.

01:31:53,970	There’s an old abandoned burned out car that the previous owner had left along the property line. That was my introduction, so that was two strange people that the deer did not recognize as far as And the way they walk, the way they talk, anything like that, that spooked them and I had significant injuries in Pen 3 that night. That was with two people.

01:32:17,730	OK Fast forward to uh Planning or the disking, there was no issue there, um, there was no issue actually as far as the equipment planting the field, harassing the deer, anything like that while it was planted, even though they did cross that buffer zone. Um, I do have video they did not follow the same track, um, what Clark was thinking.

01:32:39,730	They did actually go across the line across my buffer zone and drive right along my fence, um, I’ve submitted video to Mitch Pictures as well, documenting that that tractor was indeed 30 ft across that line into my fence, um, which did not spook the deer because that’s a normal agriculture purpose, um, now if, if they would have been

01:33:03,230	walking around there, that would be a different story. Deer run from humans. Um, So as far as that goes, um. All similar, all similar agriculture, recreation venues in Burley County are zoned to PUD. Coleman’s corn maze at Buck Stop Junction is PUD Papa’s pumpkin patch is PUD.

01:33:29,000	None of these other places are allowed to operate under agriculture zoning with a special use permit. They have to be zone PUD due to the volume of people. They’re estimating 4 to 400 to 2000 people. Um, As far as what the tractor crossing my buffer zone. The county urged me to pursue criminal trespass charges. I did not want to do that.

01:33:52,330	I’m not here to make legal problems for anybody. I’m just asking for my rights as a landowner and a livestock producer. To be protected by the county. Um, I was actually on the phone, or actually I, I was at Gold Label Foods in town today to get feed.

01:34:12,700	Marlon Coleman is the owner of that. He contacted Clark on the phone while I was there to ask him about the corn maze, um. Because they said they were no longer doing the one at Buck Stop Junction this year due to the fact that they were having issues last year. With lack of parking.

01:34:32,930	And they were having instances as far as the county was riding them as with not having Suitable parking. The parking lot at Buck Stop Junction is way larger than the parking lot at Baldwin Greenhouse, so I do anticipate issues as far as parking.

01:34:55,130	Um, this corn maze would fall under the tier 2 level of agricultural recreation, which has a maximum event of 30 days per year. The greenhouse is requesting 90 days. Um, This high volume of visitors will most likely present a high probability of trespass issues on to neighboring properties. Since the purpose of a maze. is for the participants to get lost. The close proximity to my property line.

01:35:22,600	means if somebody steps 3 to 4 steps outside of that cornrow, they are now on a neighboring property. Which could have severe. Financial impact with my animals. Um, there will also be no security or crowd control. To monitor people once they enter this field where they are at in the field. Um, And this would lead to tying up the sheriff’s department.

01:35:47,330	In county resources in the event of trespass issues because I will have to prosecute. Um, The increased noise and disturbance will also have a very negative effect on any livestock there as well as the the general neighborhood as a whole. I didn’t move out to a 40 acre parcel 20 miles north of town to have town in my backyard.

01:36:10,300	This will, this. This will definitely lower the quality of life not only for my animals, but for also my family as well. Because Walking through a corn maze, it’s not like people are quiet. They’re hollering to your friend, Where are you? I’m over here. Lots of noise, lots of disturbance, um.

01:36:33,600	And uh It’s just not an overall, it’s just not a good fit for the narrow lot that uh. That these are in um. Coleman’s Corme is at out at uh Buck Stop Junction was similar in size, about 6 acres, but that was also on probably about a 160 to 300 acre field. With no residences next door.

01:36:56,530	Um, When you look at uh. Article 8 for the special uses on Section 1, Line 6, before approving the issuance of occupancy for a special use, the board of commissioners shall find that the proposed use is in harmony with the purpose and regulation and the portions of the master plan for the county of Burley, North

01:37:22,200	Dakota. The proposed use will not adversely affect the health and safety of the public and the workers and residents or farmers in the area. will not be detrimental to the use or development of adjacent properties or of the general neighborhood. This will definitely have an adverse reaction to my Livestock operation.

01:37:45,670	And the board of commissioners is also authorized to impose any conditions on the granting. Of this special use permit if it deems it necessary for the protection of the neighborhood and general wel welfare of the public.

01:38:05,470	I do ask if, if you pass this that one of the conditions you impose is that there is a required security bond put in place to protect neighboring landowners from loss. Of life of of their livestock as well as injuries, because these are non-traditional livestock, meaning they are uninsurable, so any death loss or injuries will have a direct impact on my ability to provide for my family. I’m open to questions if anybody has any. All right, thank you, Jamie.

01:38:32,100	Uh, I guess, uh, you know, one other or one question I do have just to, to start off with you is uh I know you brought up 11 suggestion, and that was the the bond. Is there any other suggestions that you might have to allow, allow this to go on next to you, uh, and, and make you happy.

01:38:52,870	Uh I know, uh, if you could look down by 5 2nd Street and Apple Creek Road just north of there, there was a new development that was put in. That was all previously zoned agriculture.

01:39:11,530	Uh, My cousin is an adjoining landowner to that in order for that development to pass, they had to put up a privacy wall around that property to to protect the neighboring landowners. One thing I would ask if whether there was there’s no time to do it yet this year with August being next month, but for future use for PUD, I would recommend, um, at least a 10 to 12 ft security wall, both a vision and sight

01:39:31,470	barrier along the length of that property to protect my livestock, especially if they want to have the volume of people that that they’re talking about 400 to 2000 people.

01:39:52,870	Plus future uses of a commercial kitchen and and other issues that aren’t on the docket tonight, but just for my protection of visual and sight barrier would, would definitely need, need to be A major consideration, um. 7 rows of corn as a buffer strip is not much. That’s, that is about me to the second gentleman right here. I mean, it’s, it’s literally a little over 10 ft. Um, I’ve got pictures and video if you would like to see the tractor going across.

01:40:14,570	I’ve, I’ve already submitted that to Marla and Mitch. Um, That’s kind of where I’m at on that, um. I just hope that you take neighboring properties into consideration because this. This is not an approved use for eggs owned land. This is Very commercialized use. This is just the beginning of things to come.

01:40:41,030	So I hope we can address that. And get something figured out. OK, so yeah, so your concern is more the, the site or the visual, not necessarily the sound or the insight is more an issue because I, I’m sure you received in your packet uh documentation from my herd veterinarian. He is also the veterinarian for Dakota Zoo. He explained what this will do.

01:41:04,230	The constant stress how this will cause damage to these animals. They’ll either die from hitting the fence or they’ll die from capture myopathy, so. They, they do not, when you look at the proposed gourmets on there, it’s in your packet. It extends the entire length of that pen.

01:41:21,870	There is no safe corner for these animals to go to. So essentially when they’re in a pen like that. A good similarity would be if you have a dog that’s scared of fireworks. Lots of dogs are if they’re locked in a kennel and somebody’s lighting fireworks all around them. That dog will kill itself trying to get away from that danger.

01:41:41,700	Running into the fences, that’s the same situation that would happen with these deer. Are there uh any additional questions for Jamie? Uh, yes, Comm. Connelly. When you mentioned fencing buffer, um, thinking with the intent to agriculture and things, could it be like a square bale haystack or round bale, um, that would protect from sound, but it would also

01:42:06,670	be kind of the intent of um. Agriculture, and people don’t walk through hay bales that well. You know, that they or they climb them. Mhm But I don’t think I hear bells would, would be a significant buffer, um. It would have to be something permanent.

01:42:27,000	I used to have with the previous owner, I did put shade cloth, which, which is a a privacy kind of mesh material that goes on a fence that does not work on fences like this due to the wind that come over the hill and down through that valley.

01:42:43,530	It lasts about 3 to 4 days, sometimes a couple weeks, depending on how hot it is, how windy it is, and it ends up shredding and going all over and. I just, I got tired of picking up pieces of that from the, the previous owners of the greenhouse off of their property plus it also weakens the fence because you have, you have wind pulling on a fence and all that does is wiggle the

01:43:02,730	post and then eventually my animals will escape. So, and any escaped animals, I have to kill. Due to state law, so. That that that would not be. It would not be suitable. For me to have anything on my fence. Uh, any additional questions for Jamie? I have yeah, Comm. Jet, yeah.

01:43:32,730	Just thinking all these pins full? Yes, there’s approximately 100 animals in there. So All combined There’s probably close to $500,000 worth of livestock. So So you don’t have an option of rotating them further away for a temporary basis.

01:43:57,930	No, they, they’re split up based on buck groups versus in Doon regroup, so mothers and babies, and what happens is His the people will walk across from the parking lot across the wide open field to get to the corn maze. Which is going to spook the adults. The the adults know where where fence lines are the little fawns right now they don’t.

01:44:18,030	So what happens is everybody gets in a commotion and funds get trampled. So in any loss of livestock, like I said, will be a financial burden on me, um. As well as this isn’t a patch of radishes that in 30 days I can regrow my crop. This is 3 to 4 years of breeding.

01:44:40,930	You get these animals, any losses sets me back 3 to 4 years, not a 30 day radish crop, so. It’s, it’s not something that I can recoup in one season. It it will financially hurt me for years to come. So Any additional questions for Jamie? Seeing none. Thank you, Jamie. Hey, I appreciate your time.

01:45:06,700	All right, if anyone else would like to speak in this public hearing, uh, please approach the lectern, introduce yourself, tell us where you’re from, and, uh, sign in. I, I just feel I need to do to correct some of the misstatements that were made there.

01:45:24,300	Um, the parking and your, uh, yep, that’s Clark that’s Clark uh the parking at Buckst Junction, if that came up, I don’t know where that would have ever come from, but when Buckstop Junction had their Applefest down there where they have lots and lots of cars coming into Buckstop for Applefest. Parking was a little bit of an issue because we needed an area for the corn maze. Um, I would say that at any given time.

01:45:41,400	Uh, at any given time at the corn maze, we probably had 15 to 20 vehicles that have been the most that we had in there, um, 20 would have been really pushing the top end of how many cars we’ve had had in there at one time. Um, the size of the field at Buckstop Junction is a 50 acre field.

01:45:58,330	It’s not 160, it’s not 120, it’s 50 acres. I just sprayed it the other day. It’s 50 acres, so we took 10 acres out of that 50 acre field, and, and turned it into that, um. At any given time, um. At Buckstop.

01:46:20,900	At any given day our best day, the best day we ever had was 500, about 500, 550 people went through the corn maze. That’s our best day. Um, the noise in that cornfield. You know what, it’s, you might have a few people talking, but you can’t hear anything. You really can’t. It’s, it’s people are in there, they’re talking amongst themselves.

01:46:43,300	There’s not screaming, they’re not yelling, you know, that’s his opinion, uh, compared to the truth of it. I spent 4 years there listening to people walk in and out of the corn maze. It it’s not that loud. And um, I got another lawyer. Yeah, for now that’s uh that’s just a few of the things that needed to be corrected, OK.

01:47:00,100	Any questions for a lark before he steps away? OK, seeing none. Thank you, Clark. If anyone else would like to speak in this public hearing, uh, like I say, please approach the lecture and introduce yourself where you’re from and sign up Cheryl Woodcock, and I’m from Baldwin.

01:47:18,930	Um, I have taken my kids and grandkids through the the corn maze when it was out by Buckstock Junction. You can’t hear anybody. I’m sorry, uh, it’s, it’s so dense and people are following a map. Clark gives you a map when you get there and you and there’s a, it’s, there’s actually a contest to see who can get through it and, and get all the all the spots on your map.

01:47:40,470	At the fastest time. The other thing I’d like to say is, um. Mr. Feiss moved out into that area, knowing that that is a business. Where it is, not the corn maze. I understand that, but the greenhouse was there long before Mr.

01:48:04,630	Feiss, and to me, if he has an issue with his deer and, and I get that I’m a livestock owner myself. Shouldn’t he be the one that’s responsible to put up some kind of protective screen to protect his animals from what he is assuming is going to happen and if the corn grows as tall as Clark says it’s going to.

01:48:24,230	Is there a chance that those deer are even gonna see people. I mean, that’s just my thoughts. All right, any questions for Cheryl? And by the way, I do, I do let kids from the city come out to my house? And I did take animals to Mary’s, uh, at the greenhouse when the 3rd graders were out there, and it is

01:48:49,800	amazing that kids do not know that eggs come out of a chicken. And that That you, uh, Make clothing and insulation from alpaca wool or from sheep wool. They don’t know that this is an opportunity for kids to learn.

01:49:11,600	My grandkids going through the corn maze think it’s amazing that you can see the corn right there on the cob hanging on the, on the stalk. And to me, if you don’t, if, if kids aren’t taught this, we’re in big trouble because everybody, these, a lot of these kids think everything comes from the grocery store.

01:49:33,200	They got to know that Clark planting all those crops and me raising cattle and chickens, that’s where your food’s coming from. And I think that’s really an important thing for uh for Clark and for Mary to to have that out there for kids to learn. That’s all I have to say. All right. Any questions for Cheryl? OK, thank you, Cheryl.

01:49:58,200	If anyone else would like to speak at this public hearing, please, uh, approach the lectern, introduce yourself, tell us where you’re from. And sign in on the clipboard. Hello again, just need to clarify a few things, um, Ms. Woodcock was correct that greenhouse was Jamie from uh from Baldwin, yes, um she was correct that the greenhouse has been there, was there before I moved there.

01:50:26,930	It operated for 29 years successfully on the front seven acres and it was operated from the end of April through about the middle of July was shut down for the remainder of the year. It’s a totally different venture now with, with new. Runners that are trying to run a 12 month a year. Commercialized business so.

01:50:46,530	That that that is the difference. So Any questions for Jamie? Seeing none, thank you, Jamie. If anyone else would like to speak in this public hearing, please approach. Introduce yourself. Tell us where you’re from. So I’m Mary Pool, representative of the Baldwin Greenhouse Nursery, and I don’t want this to be a public forum for neighbors’ disputes, um.

01:51:15,470	I don’t want to see Jamie’s deer hurt, um, but I also don’t think that it’s right that his choice of agriculture impacts. Our business, so I hate that I’m hearing that he’s upset that we’re we’re trying to be open 12. 12 months of the year, um, we grow plants and again, USDA recognizes greenhouses as agriculture.

01:51:41,730	I think we’ve got that established. I’ve got documentation by video where there’s a family kind of up on the hill and the young man is howling, which is what caught my attention was this kid is annoying, why don’t they make him mind? Um, sorry, I’m old. You know, where children were seen and not heard.

01:52:00,370	And, and, you know, it just caught my attention, so I took a picture of that didn’t fazes deer. So, so how do we get to an agreement that really needs to be a negotiation or a mediation between Jamie and and myself and my family. Um, so I, I would offer this. He is right.

01:52:18,000	There is no time between now and the time that it’s appropriate for a corn maze to put up a fence. Um, if he I this is the one accusation I will lay between November 30th of 2022 when we took ownership. And I introduced myself and my family with a nice little Christmas, uh, homemade hot chocolate gift.

01:52:44,670	He and his wife had ample, ample opportunity between that time and the March or April date when they met. Unfortunately, by walking in the pasture. As you can see, my family is not here. I’m Irish. And German. So I’m a hothead and I’m stubborn and my son is even more of a hothead than I am. So he’s not here.

01:53:13,470	Because Um, He doesn’t need to be here, and I’m willing to sit down with Jamie at any one time and talk about what we can do to do that. I am not willing to pay 100% for a fence. I’ve never felt that the ownership, uh, that should be a shared thing.

01:53:31,870	There are some things, maybe he doesn’t like, um, shade cloth, but for the length of that maze, I have shade cloth that I can put up. I’m willing to do that. I don’t need you to tell me to do that. I can do that.

01:53:50,330	You know, the fact that we’ve got a buffer of corn that will be taller than me like most things are, um, that will also be a sound barrier, I think was a good faith on our part. So I am asking that you not consider yourselves as a mediator between neighbors who um started out off on the wrong foot and we’ll probably continue to be off on the wrong foot. Uh, I don’t foresee that.

01:54:11,670	Happening, which is why you’ll see me instead of my son, um, but I am willing to sit and talk with Jamie, um, at any one time, perhaps maybe a month or two from now when we’re all less heated, um, but in the meantime, I, I will put up a shade cloth, um, if he allows

01:54:30,930	me to on his fence posts that say no trespassing between him, his property. I will in good faith believe that that is the property line. I have no. No doubt that that is correct. Uh, we don’t have a survey that I am aware of, um, Maybe he would share that, that would be great.

01:54:51,200	Um, but, uh, yes, where those signs are, he’s offered a buffer between his property and his his deer. Uh, surely that that is something. Does it need to be taller and and more? Or less transparent, absolutely.

01:55:10,930	Do I think that’s our responsibility? No, I do not, but I am willing to come to the table and help him build it. So with that, I will not be up here again, except, please consider this as as a special permit or whatever is the right. term to have a corn maze. We in good faith are doing a good business out there. We are growing plants. We are growing native grasses.

01:55:31,870	Um, we’re selling native grasses. We are agriculture and we want to promote agriculture. Thank you again this evening. There, yes, uh, got a question or from Comm. Patrick repeat discussion until everybody has had an opportunity to speak because I know there are others back that that want to speak and they’re not having that opportunity.

01:55:53,670	Right, I’m gonna sit down then. Thank you, Mary. Uh, if there’s anyone else who would like to speak at this public hearing, please approach the lecture and introduce yourself and tell us where you’re from. Well, the Comm. is uh Sean Schaffer, Turtle Lake, North Dakota.

01:56:15,000	Uh, actually, I’m a deer producer myself as well, 27 years, and I’m the executive director for the North American Deer Farmers Association, so I represent your farmers Canada all the way to Mexico, you know, and uh. And you know, I agree with a lot of what I’ve heard here tonight. I mean, we definitely got to get kids in the outdoors.

01:56:33,730	We have to uh get kids in agriculture and you know, selling, you know, promoting their greenhouse business, say great, you know. And, you know, agritourism. I mean, that’s part of our business as well on the on the deer farming side of it.

01:56:54,000	So none of that in my opinion, is up for debate tonight as I came to this meeting and I’ve heard, I guess the discussion tonight, the hearing is for the special use permit for the corn maize. Correct? End of story. So I support corn mazes.

01:57:17,530	I mean, but the purpose of the special use permit, the requirement of it, you know, and I, and I’m, I tell you, I’m the biggest private property rates fighter there are, you know, we all have private property rights, you know, and. But you know, this ain’t the old wild west anymore and and you know, there’s reasons that we have setbacks. There’s reasons that we have special use permits. That’s why we’re having this hearing. That’s where the discussion, the debate should be on.

01:57:38,630	And The fact that that requirement is there means that, hey, we’re, you know, we can’t just do what we want right up till the edge of our property. Because the, the person on the other side has rights too, you know, so the reason we have these, you know, setbacks and any special use permits. It, you know, it’s been put in place way before any of us.

01:57:59,130	So My Offer to you is that, hey, this will impact his livestock. It will impact his property and his value on his animals. And if I, I just hope that you consider that as you. Consider approving or disapproving that spell use permit.

01:58:19,870	And that is where the discussion should be on corn maize and especiallyies permit. All right, are there any questions for Sean? Seeing none. Thank you, Sean. Thank you for the opportunity. All right, if anyone else would like to speak, uh, approach a lectern and introduce yourself and tell us where you’re from. Good evening.

01:58:55,670	My name is Mike Raikman, so, um, I’m also a deer producer, um, going on my 10th season right now, uh, live in Linton, North Dakota currently. Been raising deer there with my family for the past 10 years, um. I would like to echo, um, a lot of what both sides of of. Each argument has been tonight.

01:59:16,770	I believe there’s rights on both sides of the property line, regardless of whether they’re trying to raise plants or trying to raise livestock, I guess, um, one thing I’d like to point out is a white-tailed deer is natural instinct is fight or flight, not fight, and I believe that’s what Jamie’s concern is tonight, so. To Sean’s point though, where.

01:59:38,570	Um, disputing, uh, permit or or trying to decide whether or not to grant a permit for the corn maze. With that being said, um, I, I read in a, I, I believe it’s in your guys’ packet on a 100 ft setback and we’ve got um county representatives that have come out and and shown that that has not been honored.

01:59:54,930	However, if Jamie is willing to, um, work with a a barrier, um, amongst the neighbors, I, I, I’m gonna recommend now and on the record and also talk to Jamie afterwards. I believe that that’s necessary in order for both parties to continue to do business and work together as neighbors.

02:00:13,100	Um, like I said, I, I, I believe on both sides of the property line that uh both parties have rights in this instance, um, and if the two parties can work together, um, I believe they can both be very successful at what they’re doing. I’ve opened any questions if anybody has any.

02:00:34,930	Any questions for Mike? Any questions? Seeing no, thank you, Mike. Thank you for signing in. If anyone else would like to speak in this hearing, uh, please approach the lecture and introduce yourself and tell us where you’re from.

02:01:08,000	Anyone else like to speak in this public hearing? This is a public hearing on the Baldwin Greenhouse Special use permit for the corn maze for 2024 session. Anyone else like to speak in this public hearing? Seeing none, we will close the public hearing and move into discussion and action on this uh on this public hearing. Any, anyone have any comments or uh or action as in in. It’s emotion. Yep. Yes, yes, Comm. Streifel, yes. OK.

02:01:44,370	For me, this really boils down to a planning staff advising that this doesn’t meet requirement. Well, I love the idea of a corn maze. I would also like to address the Suggestion that we manage neighboring disputes.

02:02:07,300	Um, we actually have duties as planning and zoning commissioners, and number one is to promote the public health safety, peace, morals, comfort, convenience, general welfare, and conservation of the value of property throughout the county. And number 2 is regulate and restrict. The location erection, construction, reconstruction, alteration and use of buildings, structures, and land uses for industrial, business trade, residential, and other purposes except as used for farming.

02:02:34,130	So I just, I just was gonna bring this to our attention that we, we really don’t, we’re not here to manage neighboring disputes. We’re here as planning and zoning commissioners to, um, Perform duties. In in service to the county. All right. Uh, any other, any further discussion on the, uh, on this, uh, public hearing.

02:03:02,370	I’ll move that we uh approve and it suggests that the commercial County commission approved the, uh, it has to be approved again by the County commission, correct? I’ll move that we approve it and I’ll discuss it after. OK, it has been moved to approve the Baldwin Greenhouse special use permit for the corn maize for 2024 session. Is there a second? I’ll second that.

02:03:28,000	It has been moved for approval by Comm. Wright and uh. Yep, or Mars. OK, thank you. Uh, just wanted to make sure and it was seconded by Comm. uh Comm. Zaroff, excuse me. Is there a discussion on the motion? There was a second. Yes, yes, is there, is there, is there a discussion on the motion? I respect Mr.

02:03:54,730	Feis ability to use his land in the way he sees fit and the raised deer, but I also respect the, the other folks to have a corn maze. We had a corn maze at Buckstock Junction. It was fantastic. It was popular.

02:04:13,330	Um, I, I tend to lean towards allowing people to do what’s in their best interests with their land. Nobody’s suggesting that somebody’s going to go over on Mr. Fi’s land Uh, they’ll be keeping on their own land. Um, so that’s why I’m fully in support of the corn maze, and I, I, I urge you, the rest of us to, uh, support the um special use permit. Any further discussion on the motion.

02:04:38,500	I think this is uh this is kind of a a bit of an interesting, interesting thing here with uh is that we’ve got, we’ve got a, you know, a corn field, and then, but we also have use inside of it charging admission, so that’s a a little bit of a, a different thing here where

02:04:54,470	we’re starting to fall into the now we have a special use permit and now this is getting into a a maximum of 75 people per event and uh this is a, a little odd, I guess with uh is. The way it’s, the way this has gone about with the special use permit.

02:05:14,300	I, I guess I would, I would, uh, vote against this just for the simple fact that I think this should be come to us as a PUD. We could set, uh, I guess the rules and regulations purely around what this is going to be, uh, instead of having it fall into the, into the, I guess the um.

02:05:34,200	Agri Agri recreation, sorry, I try to get that right. Is there any further discussion? Comm. Connelly. Um, The challenge here is, is like the discussion with the 8 year tourism and things.

02:06:02,270	It’s been a long discussion and it’s been a lot of Um, It’s been all over the map, honestly, and um but I also, the corn’s already planted or it’s just running out of time. Um, It’s a tough call and a lot to put on a Planning and zoning when you have you’re pressed up against that portion.

02:06:22,600	But when I mentioned like the hay bales and things like the square bales when I was a kid growing up in Glendale, we actually had a bonfire where the straight hay bales were up. Not one of us tried to climb those hill. We didn’t want to go through the work. It was quite tall.

02:06:38,630	It would provide a buffer, a temporary, and then find a better answer before next year, and then the checks and balances, I mean, there’s always um if it goes through county if there’s an appeal, those type of things, there’s always the court system so it and that’s usually where disputes are handled versus boards. If it’s impacting whole communities and those that’s where it’s maybe less the system Any further discussion? Yes, commissioners are off.

02:07:02,700	To get on my soapbox and throw in my 2 cents. Um, I guess. I, I, I, I, I struggle with it cause I see both sides. I see both sides on Mr. Feiss for and against.

02:07:23,630	I see both sides with stole farms born against, um, and to me kind of what it boils down to is do we have property owner, individual property owner rights, yes, but we also do have individual property owner responsibilities as well, um. I believe stole farms fully recognizes they have responsibilities. They’ve been made aware of the appropriate setbacks for everything, the appropriate operation procedures, everything that you know they’ve the Baldwin greenhouse has been operating under 4 years, um.

02:07:49,100	I do also believe that part of those responsibilities is to manage their herd of customers as well. Um, I do believe they do have some duty to ensure that no, this is our property line. Um, however they want to manage that.

02:08:09,800	It’s up to them, OK, if they want to go put a three wire fence up and go hang no trespassing signs every 10 ft. On them. They want to line it with hay bales. That’s their prerogative, but there are repercussions when you don’t manage that as well. You know, Mr. Feist brought up the, you know, if you have dogs on 4th of July and this and that, well, I have an Australian shepherd myself.

02:08:30,100	Severe bladder issues, specifically around the 4th of July. Um, While I do, uh, I, I, I do understand that and you know, and. Married into a ranching family fully understand everything that goes into that. He also has a responsibility to his animals as well.

02:08:53,600	Um, we can’t always protect our animals for what’s going on around but we have to do our due diligence as well, and you know I do believe he has the properly outlined pens and all that stuff, but if he has the due time now, um, whether that’s a temporary herd relocation or whether that’s. Constructing additional pens further away to make sure that he has proper offset areas to appropriately manage his herd.

02:09:16,470	I’m not here to tell him how to manage his her. That that’s his responsibilities is what I’m saying. They have stools have theirs. He has his. We’re not here to be playing with neighbor disputes. So Any further discussion on the motion? Mr Uh yes, Comm.

02:09:42,430	Sreifel, one of our responsibilities though is to keep Agland from being commercialized. Say that. Any further discussion? Further discussion on the motion. Seeing none, uh, we’ll move into a roll call vote, Marla. Right All right, the motion was to approve the special use permit and give a due pass recommendation. To the board of Burley County Commissioners.

02:10:15,470	Is that correct? A yes vote mean you agree with the motion. A no vote means you do not. Comm. Bittner. No Comm. Connelly. No. Comm. Jarrett, no. Comm. Patrick. Comm. Richch. Comm. Streifel. Comm. Zuroff. 225. I get a vote. OK, thank you. No. OK, it’s, OK, uh, 2 votes for the. Uh, approval and 7 against. OK.

02:11:08,300	The 2 to 6, I believe, correct? Yes. So 2 to 6, uh. Number 42 on our public hearing, the Baldwin Greenhouse Special use permit corn maze for 2024 session is uh denied or recommend for denial. That is our final public hearing of the evening. Uh, we’ll move into other business. We have 5.

02:11:37,030	1 in other business talking about a draft ordinance, Article 8, Section 30, uh, regarding data centers. Uh, Mr. Chair. I’ve got a previous commitment. I’m gonna have to sign off now. That’s OK with everybody. Thank you, Comm. Bittner. Right, thanks. Good night. All right, Mitch, we are ready for the uh. Some information on the data center ordinance. Um, Data centers.

02:12:21,470	The uh In certain areas that they’ve been placed in North Dakota. They’ve caused problems. Serious problems. And we have to get ahead of this before one of them shows up in Burleigh County. Um, The nearest one that I know of is in Williams County and they I think they have 2 there.

02:12:43,930	They had no ordinance in place and they put them in and. There’s still with some problems with that. Um, Right, this orders is not to prevent them from happening. This ordinance is to allow them. under certain conditions and certain restrictions and requirements that would Protect neighbors from having a data center within 1 mile of their house.

02:13:11,070	Um, Data centers I’m not an expert on them. Just trying to establish the ordinance, but the data centers. are uh or a facility that houses IT infrastructure including but not limited to computer systems, networks, servers, applications, appliances, services, and other associated components or facilities used for the remote storage processing, or transmission of digital data associated with those computer systems, networks and server

02:13:38,970	application. Of other associated components or facilities. They’re integrated to each other. And they are huge, uh, the one in Jamestown takes over $1 million a year in electricity to run. And there’s a constant hum, and you can hear it. A mile away. And so that’s, that’s what is at issue and we uh.

02:14:07,530	We’re trying to Established some, some guidelines, some guideposts for this, road cones, if you will. And the uh Uh, if there are any questions on any of this? I mean, I could try to answer it as best I can. Um, Mitch, yeah, absolutely, uh, thank you for taking us through that.

02:14:27,830	Uh, I, I just pan through this really quickly. Uh, it seems to me like the, the biggest issues that that that come up around this are all about heat and heat needs to be dissipated and that involves fans and very large fans, and constantly running, uh, is the uh. I think a lot of this is really great, uh, is.

02:14:49,200	Is it in this ordinance that we need to consider the noise or is that noise pollution covered. In a different ordinance in our. In, in our, in our plan already. Um, We have no no uh noise, noise ordinance in Burleigh County ordinances.

02:15:11,600	OK, so that would, that would be called out specifically in this and if it’s, I guess what I’m trying to get out is that if it’s not a data center and it’s running really large fans for cooling then. Then that would have to then be addressed specifically, we don’t have it and overall for that in the in the overall ordinance, right? We do follow entry code for nuisances though. OK.

02:15:35,130	And Um, I think Kelly has spoken to Kelly Liebman about noise ordinances for other things for. For special use permits for event centers for that sort of thing. Um, The There isn’t a, a section in here. It does Um, Rest with the uh the. Decibels and that sort of thing. Um, Well we can certainly add this.

02:16:12,470	this is a rough draft. We’re not, we’re not taking this to public hearing. I would like to try to do a stakeholders group meeting with it. With the one and the next one that’s coming up and those things are.

02:16:30,370	You know, they, uh One of the things that they have to do, they have to be approved by the North Dakota Industrial Commission. I have to follow those guidelines. And You know, if we need to create a noise ordinance or set some kind of decibel level in this audience, we certainly can, yeah, and I think to me it it seems like uh when it comes to noise, uh, there’s there’s different considerations that you have, you have decibel

02:16:50,400	level, you have a sound power, you have frequencies that, uh, you know, some frequencies are more annoying, some frequencies are not, so it seems like we, we almost need to address it in in maybe a few different directions rather than just decibels.

02:17:10,130	Because Dust Bowl is great, but I think there’s additional things that probably need to go along with that decibels plus this plus this, those all need to be taken into account. Just that’s just my my thought. And I know somebody who could be on the stakeholder group meeting. Are you, are you, are you talking about Jared Comm. Jarrett? All right, any, any additional questions for Mitch? Yes, uh, Comm. Patrick.

02:17:33,130	My experience has been, actually I’ve worked in the noise, noise program in the state of North Dakota. In fact, North Dakota does have rules. And I think those should be referenced. Uh, and I think the decibel level should be set because if you don’t. Then they’ll find a way around it. Oh, absolutely. Yeah.

02:17:50,900	Uh, you need to be careful, I think exactly right, it has to be spelled out and I, I noticed in here and I was, that’s what I was gonna bring up when you started talking on see uh. Application requirements to see. He doesn’t say anything about decibel there but it talks about noise.

02:18:09,400	To a study by acoustical engineer, anticipate noise a while. We’ll get that good school engineering needs to be aware of that we don’t want noise above. Or beyond a certain level. So yes, the, the low hum is, it’s, it causes the problem that you can hear it for miles for over 1 mile away.

02:18:29,670	I think we also should call out on here when we say an acoustical engineer, I, I guess selected by who? I mean, if it’s uh if it’s just any, well, yes, if you let the business select them, we’re gonna find the uh the best one that serves their needs if it’s if it’s uh gonna have to be someone neutral or maybe.

02:18:47,730	Something like that that’s not, that’s not biased. I would, I would have to say. Right, so I’d I’d rather not leave that open. Uh, yeah, Comm., did you say that um this is a draft of course if we approve it and then the county commission needs to prove it and then the industrial commission also has

02:19:05,600	a say. No, what was the industrial commission reference? That is the uh it’s. They have guidelines or something? The um Data centers which are um exemptions. There’s an exemption for data centers that are subject to exclusive jurisdiction of the North Dakota Industrial Commission pursuant to Chapter 38.

02:19:32,130	Of our best of their statue or exempt from visions of this channel. Exempt from what now? This ordinance. Data centers, data centers. Wow. So we’re, we, we have some. Homework to do, but if you want me to pursue this.

02:19:56,600	We certainly can to the next step, which Stakeholder group meeting, if we have to do 1 or 2 or 3 of them, whatever they need, then we’ll bring it back. Yes, Comm., right. Um, I think it’s really well written, but I, I understand Bismarck has also got an ordinance on data centers. I have you is this fight with that it modeled after that, this is, this is more of a, a county.

02:20:19,700	Uh, in, um, Jamestown and one in Williams Williams County, um, The, the one in the city is, is much shorter. I remember it’s like some of it is applicable to it, but not much. This is more in depth. Yeah, Comm. Connelly.

02:20:46,930	The one up in Williston created a challenge statewide because there were some rulings through the industrial commission to where it was presented, I think even at the legislature that it’s one of the best things since sliced cheese and create a revenue source and those type of things and it drew so much power from the power grid that they actually ruled and they raised everybody’s electric bill and got approval for it by I think it was, I might be

02:21:03,970	wrong on the number $1379 a month on everybody. So, um, I would be I mean, whatever you can within the ordinance, I think that’s a serious discussion because we shouldn’t be adding hardship to our average citizen, um, If we can get in front of it where we put enough guard rails on it where

02:21:27,170	maybe even a If they choose this county to build it in, they proactively sign a waiver on a lease that say we will not ask for an increase on the average citizen because we’re taking said power away from.

02:21:45,070	People, something like that, I mean, I don’t, we’re kind of walking down a road that we haven’t explored yet, but I was not happy to find that we’re having to accommodate in a monetary way just because they put such a draw on the grid, so to speak, especially with all the renewables if they’re going after our natural resources and Spreading it out too thin, and that’s a slippery slope for us

02:22:08,000	in North Dakota cause we have a lot of resources. One of the Mr. Chet’s one of the reasons why they’re coming here. We have abundance of electricity. But that has also caused problems and and that $1 million reference for the Jamestown facility. That was 4 years ago when I talked to the State Electrical board about it.

02:22:28,330	There was over $1000 at that time. I, I’m sure it’s probably 1,000.5 million now, I don’t know, but they do, they do require tremendous amount of electricity. And and to carry on with that too, I know with the when um Comm.

02:22:48,800	Rich uh Risch talked about the uh city portion when they talked about it is one thing that makes North Dakota attractive is we get cold in the Arctic winds and things, and that’s actually a support for our environment cause a good portion of our year makes them a little bit safer, but um when it’s driving up the cost of our citizens, I’m, I’m challenged with that.

02:23:07,270	C Any other questions for Mitch? And I will remind everyone we are not taking action on this tonight. This is purely discussion on a draft, so yeah, the motion to proceed for stakeholders would be appropriate. second All right, it has been moved by Comm. Streifel and seconded by Comm.

02:23:33,070	Zuroff to I, I guess, uh, would, would be to move in, move into a a recommend a stakeholder meeting regarding. Data centers. OK, is there any uh, any discussion on the motion? Any further discussion? All right, all in favor, say aye. Any opposement? OK, hearing none. At Yes, yes.

02:24:14,070	Yeah, so, uh, so yes, we will, uh, for the draft ordinance, Article 8, Section 30 for data centers, there will be, uh, uh, it’s been approved to move forward with a stakeholder, a stakeholder meeting. Uh, the next order of other business, uh, we have 5.2, we have a draft ordinance Article 8, section 31, accessory dwelling units on a agricultural and are one rural single family residential zoning districts.

02:24:38,000	So Mitch, if you wanna take us through the details on this. Last but not least, Article 8, Section 31 for accessory dwelling. 8DU accessory dwelling units are a separate and complete dwelling unit established in conjunction with an ancillary to the principal single family drawing unit, whether uh within the same structure as a principal unit or with a in a detached

02:25:02,800	accessory structure on the same lot or parcel. An accessory dealing unit contains one kitchen, bedroom, and bathroom facility and a separate exterior entrance. Those I see. Display uh the difference between the two. Um Yeah This is an accessory dwelling unit here. This is an internal uh AU dwelling unit there.

02:25:38,930	So these are the two types that we’re talking about the accessory dwelling units would have to meet the zoning requirements, lot coverage, setbacks, and that sort of thing. This has been brought up because of some recent, um, Well, there are, there are accessory dwelling units in the county now.

02:26:03,930	And they’re there, they’ve been grandfathered in and so we’re trying to establish a special use permit that would allow them To, uh yeah, Commissioners are off. To further expand on that, essentially what you’re uh referring to is Bardominiums and Schuss. Shop houses, that type of stuff where you have a. Accessory dwelling unit, i residences within. Say, a larger shop or No, or is this more of like a duplex.

02:26:32,330	No, this is for that has an established principal dwelling. Unit on the property. You can have an accessory dwelling unit. And its guidelines are in the um the requirements, size requirements and restrictions on location, the size lot. That sort of thing. They are allowed only an egg and. Or one Uh, yeah, Comm., uh, Comm. Connelly.

02:26:57,730	This is actually in the line of work that I work in a lot with and what we’re exploring with, I work primarily on long-term care, and um there’s some significant impacts and some advantages at looking at alternative dwelling spaces.

02:27:21,530	And alternative dwelling units 2016, the city started making some adjustments to allow for both, but I’ll kinda give you some example, uh, nursing home costs are running 10,000, sometimes 25, 30,000 a month. They’ll burn through the best retirements when you’re talking farms that family worked in through their sweat and toil in order to a nursing home were burned through the best retirement. Very, very quickly.

02:27:45,530	alternative dwelling spaces when you keep families together, especially people that treat their folks right and things. It’s a way to where you keep dollars local because if they go through nursing homes, a lot of them are, say, uh. Venturing towards the Medicare Medicaid and all of those monies go to Washington DC.

02:28:04,830	And long-term care facilities that actually reimbursed for care they provided 2 years ago. So there’s some Good advantages you wanna make sure it doesn’t get out of hand. You want to make sure there’s some stipulations on it, but keeping those local dollars here, keeping those retirements here, there’s a definite advantage to the county. And they make some really neat ones.

02:28:24,000	There’s some kind of like your portables for schools, you can just pick them up, set them down, and when they’re no longer in use, you can remove them. It doesn’t change the scope of the gland. There’s some very innovative things out there, if that helps your question. All right, any additional questions for Mitch, Mr.

02:28:43,770	Chair of the occupancy requirements are that the owner must live in the house. Uh, or the ADU, the requirement would be applied to subsequent owners as well. Uh, if, if the lot is sold in the 808DU remains in place, it may be occupied one by one family or up to 4 unrelated people.

02:29:09,200	Only 180 years allowed per lot, and 8DU may be used or may be used for extended family, cousins or whatever. In-laws Or the idea that it could be rented out independently. I know that’s gonna be a consideration for this board. But not the primary, not the primary, no, it’s the.

02:29:32,130	Their in-laws are gone and they could rent that out possibly if that’s up to you guys. So there’s there’s many things that that can be done with these things. The size requirement is 300 you can’t have any less uh um space more than 300 ft and less than 800 ft. With inside, uh, uh, the dwelling itself.

02:29:57,800	And if the accessory dwelling unit we’re figuring 1200 square feet on lots of five acres or more. An internal ADU may not exceed 40% of the entire floor plan. Uh, that doesn’t count the attached garage, the footprint of the primary and accessory together may not be greater than 30% of the area of the lot.

02:30:16,970	So We have large lots in Bie County, so I don’t know if we’re ever gonna. Have an extreme of 30%. Yeah, so the, so. No larger than 800, no smaller than 300. That’s the, OK, and then the uh height is uh 480U is 25 ft. OK, uh, Comm.

02:30:42,230	Risch first and then we’ll, we’ll move on if it was to clarify this does not apply to agricultural farmsteads. Would not apply or would it would it would primary structure. If you have, if you’re living on a farm and you have a primary structure and the owner lives there, they can put in a second house, but it has to be now here again, it’s they’re all over like that now all over,

02:31:00,400	but they are, they, they do exist, and it’s, you know, we we, we, we want to allow that. It’s not in our, it’s nor in our ordinance where it says you can have that.

02:31:18,500	Doesn’t, doesn’t the agricultural or doesn’t the agriculture doesn’t that have a provision in there for a secondary house, a secondary dwelling on the on the property if it’s. More than 10 amount of acres or not, OK. No, you have to have a separate lot. Yeah, if you have, if you’re, you, you cannot have a second. Residents on a property you can’t have temporary uh farm worker housing.

02:31:43,670	Which is a house If you know you’re, um, you had the primary structure and you’re living in it. You can have a secondary. Residential structure as a house to to help with your uh temporary farm help only. OK, that’s, that’s, I think that’s where I was. A little confused there, so yes, uh, Comm. Risch, but I’ve seen in common where the um.

02:32:03,430	The children grow up and all of a sudden a modular home shows up in the farmstead next to the farmhouse. That’s, that would be prohibited if it had more than one bedroom. That would be prohibited. But here again.

02:32:24,670	You know, as in the last discussion with, with uh agritourism, we are not in the regulatory business of going around looking at farms to find a second house. Nor are we looking to go around the county and looking for corn mazes. These ordinances are here to allow it. It’s not to disallow it.

02:32:44,470	And so that’s what that’s the important we have to the distinction here we are not Burley County is not in the regulatory business of running around the county and trying to look for problems. And, and. It’s the ideas that we want to be able to allow it. OK Within these parameters the way to get around that is you can replat within. Within your property, you can replat and then have a secondary.

02:33:03,600	So yeah, I’ll I’ll move on to Comm. Streifel. I didn’t mean to say you couldn’t do it. You can do it. You have to have a separate parcel. I like this idea. I was just going to ask Mitch what do you want us to do? We should do it, yeah, sorry, just a motion to proceed to stakeholder groups.

02:33:21,300	I think Comm. Connelly, did you have a question? Oh, no, I just wanted to say that this actually came in front of the city commission too with the height limits.

02:33:39,400	The 25, and the city wanted to limit it to 20 unless you were going to Um, purposely add the ADU, and there was a motion on it where it was a 3-2 vote and we wanted to be universal with counting because up front, if it’s a possibility going into the future, you can build your house to 25 ft. Right away, where if all of a sudden you’re taking that onus on to say take care of mom and dad.

02:33:56,530	Now I gotta go for a whole lot more expense adding that top on. So it actually, it’s a nice fit between the two jurisdictions, and with the cost of healthcare only going up, um, Uh, this is an answer to meet some of those social needs that the the needs are always greater than the resources to address them, and

02:34:19,400	the more that we can take care of them within our own properties, we’re gonna be in a better place to address them. All right, 2, OK, it has been moved by Comm. Patrick and seconded by Comm. Connelly, uh, to uh move this forward into a stakeholder meeting.

02:34:41,900	Is there any discussion on the motion before we move into a vote? Seeing none, all in favor say aye. Any opposement? OK, the draft ordinance, Article 8, Section 31, Accessory dwelling units on the agricultural and R1 rural single family residential zoning districts will move to a stakeholder meeting. Is there any additional other business? to adjourn.

02:35:09,130	It has been moved to adjourn and seconded, uh, all in all in favor of adjournment. Say aye. Any opposement. Hearing none, we are adjourned. I would like to thank everyone for their time, uh, sometimes we have short meetings, sometimes we have long meetings, but we’re here to serve the