00:00:23,430	Bittner Here. Comm Connelly. Here. Comm Jarrett. Yeah. Comm Munsen. Comm Patrick. Here. Comm Rich. Here. Comm Streif here Comm Zera here. And Chair. Here. Eat present. Thank you. Uh, we’ll move into the approval of the April 9th, 2025 minutes. I think everyone has had a chance to take a look at those. They’re in your packet.

00:00:57,600	Moved to approve is presented. Second It has been moved by Comm Zuroff to approve and seconded by, we’ll say, Comm Connelly. Is there any further discussion on that? Hearing none, all in favor say aye. Is any opposition? Hearing none achievements are approved. All right, uh, moving to the consent agenda.

00:01:25,400	Uh, we have two pieces on our consent agenda and does anyone want to talk in a little more detail on either one of these. Or would be like to move to approve the consent agenda as is. Anyone, anyone have any? Things that they would like to delve into. Moved to approve the consent agenda as is.

00:01:51,100	Second, OK, it has been moved to approve the Consent Agenda as is by Comm Zuroff, seconded by Comm Rich. Uh, is there any discussion on that? Seeing none All, all in favor, say I. Right. Any opposition? Hearing none the consent agenda is approved, and I consent agenda I did in, uh, included the Biggler subdivision and the Plains Ridge subdivision.

00:02:20,930	We’ll move into the public hearings for this evening. Uh, we have two public hearings on the docket, uh, the, we’ll move into the first one, the special use permit, uh, for Weiss, and if, uh, Mitchel Marla, if you’d like to take us through the details on these or on, on the Wis? public hearing? I don’t

00:02:41,870	have to open up. Um, OK So you’re moving it up to the first part of the agenda. public hearing. The, uh, the special permit, excuse me, uh, special use permit uh request for WES. OK. Yes.

00:03:21,200	This is, um, They’re moving a 1700 square foot building from um Uh, North, uh, Bismarck, um, About 10 miles south to the uh 9951 Highway 10. Uh, it’s about 10 miles, um, there. They did send out a ballot petition to the neighbors, which Well there’s copies of it. There’s no objections. We have not received any comments in objected to this. Um The It’s That’s about it. It’s an accessory building, really nice.

00:03:51,130	I have pictures here. It’s, it’s a really nice building. And uh I could see why he wants to move it. Yeah OK, any question, any questions for Mitch before we move into opening the public hearing. That’s it. That’s it. The, um, Carrington House movers would be the one that are doing the job, and so it’s really simple.

00:04:37,170	It’s just part of our ordinances that anytime you want to move a building, Uh, that requires public comment. OK. Uh, any, any, uh, questions, comments from Mitch? Before we open the public hearing. If not, thank you, Mitch.

00:04:58,530	We will now open the public hearing if anyone wouldn’t anyone would like to speak on this, uh, this special use permit request. Uh, for, uh, weeks. Please approach lectern, introduce yourself. Tell us where you’re from. Sign the sign the uh. The form. Anyone would like to speak in this public hearing. approached the lectern and 3rd time if anyone would like to speak.

00:05:26,730	Seeing none, we will close the public hearing and move into action on this, on this item of special use permit request for we. Moved to approve. second. It, it has been moved to approved by Comm Connelly, seconded by Comm Zuroff. Is there any further discussion on the motion? Seeing none, we will move into a roll call vote.

00:05:48,400	Marla, if you could take us through that. Uh, the motion is to approve the move. Yes vote means to prove no means you do not, Comm Bittner. Yes Comm Zuroff? Yes. Comm Connelly? Yes. Comm Streiwa? Yes. Comm Jarrett. Yes. Comm Rich? Yes. Comm Patrick. Chair. Yes. 8 Thank you.

00:06:26,000	All right, that will move on to the, uh, The commission or the County Commission, excuse me, uh, as is. We’ll move into our second public hearing of the evening. This is Article 8 Special uses, Ag recreation. And Marla, if you could take us through the details, some of the details on this, and then we’ll open the public hearing for comment. OK.

00:06:52,130	Um We redid the amendment for Article 8, To add agricultural recreation and the past history is we’ve had this before us a couple times already, so what we decided after last public hearing is we brought our focus group back together, uh, the list has 37 names on it, but not all attended, um.

00:07:18,800	And uh we got together, we submitted the Original version and then we had a cut down version and they decided to go with the cutdown version. Which offers any property that It’s on 10 acres or more, um, 75 days per year for under 50 people. per day Um, then they wouldn’t require a special use permit, um, and anything on this can be changed, um.

00:07:51,930	It also has on here on section 1 item G relating to principal agricultural use at which less than 50 people per day in case there’s an agricultural use that we didn’t. Catch. You can never get them all because things change. So, um. Then we have Um, a lava with the special use permit is, um.

00:08:25,000	He domestic winery, domestic distilleries, taprooms, those all all have to be approved by the state before they can even apply for a special use permit, um, any events relating to principal agriculture use, which is more than 50 persons per day. And um. events specific is like overnight camping, camping for trail rides, rodeos, agricultural events.

00:08:53,800	We broke down some of the requirements that would be Required for special use permit. We did this in both the minimum. The 50 people plus the larger groups and um like the sound generated, we kept out the same as what we use for our data centers so that we are consistent across the ordinances, all of them.

00:09:19,930	Um, we added adequate restroom facilities, no roadside parking and we also said we had to have a minimum of 12 ft of lanes for travel. In the parking lot. So, um, It, um, pretty much. To lets the planning commission and the county commission on individual special use permits, set the rules for those large events, um, it doesn’t say that.

00:09:50,400	All events need a 100 ft setback from the property line because we do know that there are slender, narrow 40 acres, plus your square 40 acres and not all the rules would apply. So we did give a lot of.

00:10:18,130	Limitations or requirements that would be required by the county Planning Commission and the Counting Commission on here so that. We can make it. Specific per event. So Any questions? All right, any questions for Marla before she steps away, Mr. Risch, I, I, yeah, I just want to make it clear, see if I’m clear about this. So, we have Poppa’s pumpkin patch.

00:10:39,070	It’s in the ETA and of course, it’s been going for years in a great success. Uh, they don’t operate, but maybe, I don’t know, a month and a half, a year, 2 months. I, I, I’m not sure. Yeah. But I’ve been up there, there’s a couple 100 people there.

00:10:56,070	So if we were going to somebody in steel, North Dakota was going to establish A steel pumpkin patch with that kind of, uh, attendance. They could do it with a special use permit. They could do, yeah. They could do it. They could do it with a special use permit. But they couldn’t do it, if they had under 10 acres. They’d have to have more than 10 acres. They have to have more than 1.

00:11:10,400	They’d have to have more than 10 acres, because under 10 acres they’d be limited to 50 a day and it would never work. Well, under 10 acres, they’re not considered agricultural anymore. OK. There are one, a residential lot. I, I, rightfully so.

00:11:29,700	Yeah, and so on the 10 acres, Um And the limit really is the 50 people. If you’re gonna have just 50 people, then we have 75 days, OK? If you’re gonna have more than 50 people, doesn’t matter how many days. You have more than 50 people, you need to apply for a special use. Special use.

00:11:50,030	Because when I think of Poppa’s pumpkin Patch, you might have a, you know, two school buses full of kids and it, it’s gonna be way beyond the 50 people, you know. Yeah. He was, he was at our meeting, um, and he was very involved in allowing us to see what it looks like from the entrepreneur side of it. Sure.

00:12:07,600	Sure. And how we can write our ordinance so that it does allow growth, um, Like he said, he started out, just did it. Yeah. And then as it went, he ended up getting a special use, and finally it got to the sides where he needed to have a PUD and get the zoning changed.

00:12:25,800	So we wanted to be aware of that when we wrote this ordinance, the focus group, so that we’re not cutting off any entrepreneurs in Burley. Mr. Chair, follow up, um. And I lost my train of thought. Ah, there you go, um, so anyway, as far as getting a special use permit.

00:12:47,200	They have to come through this board and the city commission in order to secure special. Well, they come here, uh, for a special use permit public hearing like we did tonight for the whe. Sure. Or we. And then if you guys approve it, then it goes to the County commission. So, they, yeah, excuse me. Yeah.

00:13:03,830	County Comm. So, they have to go through the full process in order to. They have to go through the special use, or the public hearing process. So that we can get public comment on it. We’re not going to allow a special use without getting neighbors’ comments. OK. So OK, thank you so much, Marla.

00:13:20,970	Thank you, Mr. Chair. And Marla, I’m glad you brought up the PUD piece, so the PUD piece is completely separate from this. So if you had a, um, and I believe I, I forget the, the, the name of the people that are doing it, but it’s uh north and it is west of ’83 up there for

00:13:37,400	the wedding reception, uh, place, uh, which they’re looking at a PU. so that would not, none of this would apply. That would be that would be specially written for them just for their use. That is. Yes. OK. I just wanted to, that’s what I thought. I just wanted to make that clear. Just for them.

00:13:54,000	And in fact, they order mean even says that on here that um in uh item. Let’s see. 8 Under The, um, additional requirements for special use or #2, it says limitations and requirements, as determined by the board of Burleigh County Commissioners for each special use permit.

00:14:24,970	The limitations and requirements are special use permit specific and may not be required on all. Agricultural recreation special use. So we did, we covered that. Good. So. Any other comments or questions for, for uh Marla before she steps away and we start the public hearing. Yeah. Uh, yeah, go ahead. Go ahead. Yeah.

00:14:47,900	So 10 acres Uh, 10 acres or more, you still have to have a special use permit. No, we have that in there. If you have, well, 10 acres or more with more than 50 people. Then you have to have a special use permit no special use. Right.

00:15:14,630	And You know, if you have, right now it’s sitting at 75 days, but, um, I’ve gotten a lot of emails that that is too many days, so we can change that. You guys can change that as a commission. OK. Uh, any other questions from Marla? Yeah, Comm Sreifel I did participate in both focus groups and I just kind of wanted to bring up the.

00:15:37,570	That on number one, we did allow for an exception for educational agricultural tours. So that as you mentioned busloads of kids, if they’re going to something where they’re being educated on Ag, um, there’s no. Restrictions, no limits on that, um. And then yes, we do have some concerns about the 75 times a year. Uh, I was just kind of going through some of our.

00:15:59,330	Zoning ordinances and when we have a carnival or a circus, we aren’t able to exceed 21 days. I thought that was interesting. And if we have a religious meeting in a tent were not to exceed 60 days.

00:16:17,930	So we, when we were in our focus group, we were talking about a growing season when we were talking about 75 days and, and it just got a little carried away because I think 75 days would constitute every weekend of a year. And so growing seasons typically I did look up apples, blueberries, pumpkins, sweet corn, strawberries, and we’re not looking at more than 60 days really for growing seasons.

00:16:38,400	So I think we do need to take a look at what we’re doing on the 75 day. and I’m sure there’s people here to speak about that too, so I just kind of wanted to interject that. Sounds great. Uh, any other questions for Marla? Thanks, Marla.

00:16:56,730	We’ll uh we’ll open this, uh, open up this public hearing, uh, it’s, um, I’ll limit uh limit speaking to 10 minutes. Uh, that should be plenty adequate, uh, we will, uh, It did the public hearing is now open, uh, if you’d like to speak on the Article 8 special uses Ag Recreation, uh, you can approach the lectern. Tell us who you are. Tell us where you’re from, and, uh, sign the roster.

00:17:22,270	If anyone would like to speak on the Article 8 special uses Ag recreation, please approach lectern, tell us who you are. Sign the sign the roster and uh and let us know where you’re from.

00:17:49,900	You guys probably all know me by now, but, uh, Curt Fleck from Bismarck here, so been involved with this, uh, Ordinance special use permit things since, uh, since the get go two years ago, so hopefully, uh, hopefully we’ll probably, uh, probably have some finalization and bring this to a head, right? Be hit on it a little bit uh like I said, been to every one of those meetings.

00:18:10,170	The intent of the 75 days was to cover the growing season, not to give somebody, and I think that we talked extensively in those meetings to everybody that was there about the wordsmithing on the ordinance.

00:18:28,770	And to make sure that the intent is laid out, whether it’s an example or what, right? So whether it’s a pup, a pumpkin patch, Christmas tree farm, strawberry patch, whatever it might be, so we don’t have 75 days leading into everything else, right? It’s. Purely egg.

00:18:43,800	So whenever we got a word that to make sure that the intent is out there and we don’t have people running down the road, which everybody sitting in there knows that that’s probably gonna happen if we don’t clarify the intent. So Marla, that’s uh that’s all that I’d say on that, but, uh, whether it’s 60 days, 5 days, or 75 days, I think the numbers in my opinion is irrelevant.

00:19:01,970	It’s the wording and it’s the, uh, the intent of what those days are supposed to be used for. So like I said, you can. Give them whatever number you want if the intent isn’t laid out, it’s not gonna matter, so thanks, Kurt. Um, any, any questions for Kurt? Yeah, Comm Rich and Mr. Fleck, so is the wording OK now? What, what should we change? You got any ideas.

00:19:20,730	Be hit it on there a couple times. I think the big thing in there is, again, 75 days pertaining to what, egg and the intent would be a growing season, right? So, um, if it’s strawberries for 6 weeks, uh, they’re, not selling strawberries up front, they got a ripen and, and, you know, you got a two week period or a 3

00:19:37,670	week period that we’re probably selling, right? So, but it, you think it’s OK the way we’ve got it worded now the way Marla. Got it. I perused the final document.

00:19:53,130	I didn’t look at the final detail there, but I think there needs to be a little bit more, uh, with what the intent is. There are a couple of examples of what what the growing period might be, right? Because intent is difficult. I mean, what’s what’s written in the ordinance is what counts. That’s correct.

00:20:10,700	Intent is difficult, but if you don’t give us some examples of that or or run down that road then intent is anybody’s intent, right? So if, if you don’t do that, John, and we don’t give you a tool to use, uh, then we’re back to a rabbit hole deal again where we were two years ago, right? So we got to give this commission and the county Comm tool to use at some point, so, um, whatever that

00:20:28,930	might be. Uh, yeah, Comm Patrick, yeah. So are you suggesting that, uh, um, Maybe we should add into the ordinance that we, uh, a statement regarding the growing season. I think so, yeah, I mean, just clarify the intent of, uh, what the day period is all about. And then maybe lower it to 60 days.

00:20:48,300	60, yep, 50, whatever. I mean, you, I think that number would be fine, but, uh, again, uh, I think if the if the intent is clearly understood or everybody has a understanding of what the intent is, I think it alleviates a lot of the other issues.

00:21:05,670	With 60 days be excessive, would, would we be able to go down to say 50 days? I think you’d be perfectly OK at 50 or 60 days. Yes, uh, Comm Striel. This actually started, uh, when we first started working on this, it was 30 times a year.

00:21:27,130	And so I entertain what maybe Mitch thinks, uh, uh, would be a good idea, but what we can start with a certain number and we can always go up. It’s just really hard. That’s correct. It’s just really hard to go and subtract the days and this is basically if you want to have a family function on your property or you want to have a family wedding or you’re gonna have a neighborhood party this,

00:21:43,170	that doesn’t involve, this is not anything pertaining to that, so this is about egg related act. activities that is going to constitute 50 people or more per day for multiple days. Uh, yes, uh, Comm Zerov go to you, uh, uh, thank you, Chair.

00:22:04,930	Uh, so just to follow up on, on Comm Streifel’s statement because I sat in on all this as well. And we, I mean, I think everybody sitting here knows we got into the weeds, right? Um, really, I think the, the, the, the overall scoping of this is, this is the initial line in the sand, OK, this is what, this is what’s gonna be dividing, OK,

00:22:23,770	we’re doing a cutesy little youi orchard for. is we’re doing a pumpkin patch versus we’re doing a massive wedding venue, OK? So, it’s just ensuring that their lives in the sand and the reason I use the term lines in the sand is, you can always move it, OK? Is this gonna be perfect? No, this

00:22:41,300	is not gonna be perfect right out the gate, so like Mr. Fleck stated, you could give them 5 days, 50 days, 60 days, 75 days, you give them 180 days, doesn’t matter.

00:22:56,830	It’s gonna be too much for some people, it’s not gonna be enough for others, but it’s, it’s finding that point where, OK, we can generally all agree we’re good here, but I will again, just forewarn everybody in the room. We’ve already been in the weeds on this. We’re, we’re, we’re building that violin now, we are fine tuning this, we’re done chopping that tree down, so. Um, I, this is a dr. This can be changed.

00:23:18,170	Right, right. I just, without getting into, I mean, because we could literally go. Yeah, you’d be back again, rabbit hole this really easy, so. Just want to forewarn everybody on that. Sounds good. Uh, Comm Rich, you had something? Well, you know, it’s an agricultural rec recreational ordinance.

00:23:41,130	When I think of agriculture, I think of animals as well. What if you had a, um, livestock operation where you would allow people come out and look at your calves. I mean, that’s not a growing season, that’s year-round events, so I mean, I’m, we don’t want to preclude somebody from having something. Really educational for young children in our communities. Yeah.

00:24:03,000	Absolutely, and that’s why the exception was put in there, John. Yep. Yeah. Any um, any other questions for Curt? Yeah, Comm Jarrett. Yeah, I, I do. To me, there’s two things here. You got, These allowable uses without a conditional use permit. And then you have A conditional what has to be applied for FERCA conditional use permit.

00:24:27,070	So People do not have to come in and apply for this stuff here on page one. So to me, That’s concerning that you can have 75 days. Any of these areas. And nobody has a say about it. Right. The conditional use permit will all be discussed because they have to apply.

00:24:49,070	It can be hashed and rehashed and it can be said, no, you can’t do this or you can only do this for so many days. To me, the concern is where when you don’t have to apply for a conditional use permit. Yeah, absolutely. Um, any questions for C Kurt before he steps away. OK. Thank you, Kurt. Thanks for your time.

00:25:09,200	All right, uh, if anyone else would like to speak in this public hearing on Article 8, Special uses, Ag recreation, please approach Lecter and tell us who you are, where you’re from, and sign in. Well, Commissioners, my name is Jamie Feist from Baldwin. I was also a participant in the focus groups.

00:25:40,300	I attended both of the meetings. I got to meet you all last year, um, we went through this. I, I do have a few concerns, um, big concern is, is the number of days, 75 days, uh, I do believe that that is too much, uh.

00:26:02,070	Like uh Comm Streifel had mentioned it first started out as 30 days or 30 events per year. Twice a month, uh, I think 75 days. With 50 people is Is getting a little excessive, um, I live in a township that has 190 people for the whole township, um, 50 people a day for 75 days in a row. That’s a lot of commotion, um. I don’t agree with uh.

00:26:29,900	With the part of the draft ordinance where You can have up to 50 people per day for 75 days in a row without a permit. I think uh. The issue we had last year, uh, pertaining to a corn maize and was, We did not have an ordinance that allowed the use of that.

00:26:56,130	So, That was one of the reasons why I wasn’t able to be passed, um, I think we’re kind of uh Jumping ahead of ourselves now, we’re, we’re creating an ordinance. That’s gonna permit these uses on egg land. But if you keep it up to the maximum of 50 people a day, you don’t even need a permit.

00:27:18,930	I, I, I believe that, especially Cormez’s, he heel mazes, stuff like that. That should all go through this public hearing and have, uh, public input because if, if you can have up to 50 people per day for the 75 day max. Without a permit, um, That kind of takes a lot of control away from.

00:27:43,130	From the commission or the county because if, if there is an issue that does arise. Without a requirement of a permit, there’s There’s no recourse on your end. If, if it’s causing an issue at a particular property. There’s no way that a permit can be revoked.

00:28:02,200	That was one of the uh one of the points that we talked about that, uh, at the focus group meeting was If there are issues, we can always revoke a permit. That was, that was discussed numerous times with this permit if, if we do run into an issue, we can revoke the permit, I think, uh, the 50 people per day without a permit, I don’t think that that’s going to work out, um,

00:28:21,400	Especially in instances where it does cause, Damage or loss on neighboring properties, um, originally it was just supposed to be, The exception for for educational, uh, activities, school buses full of children and whatnot, that those were the type of activities where you did not need a permit.

00:28:45,930	The other activities such as corremezes, those all of a sudden all got lumped in. With the educational where you don’t need a permit. I think those should still be a permitted process. Um, Exception for for educational, um, school buses of kids, whatnot, um, I’m OK with that, but, uh, anytime there’s any commercialization, I still think it needs to go to a public hearing so you can

00:29:08,870	have input from neighboring properties from from the public and, uh, We can go from there. So, each individual one, Each individual property and each individual permit that gets applied for, there is public input, so Everybody’s kind of on the same page of What can happen, what we can do if something happens, but I just

00:29:33,070	don’t, I just don’t believe that, uh, That allowing these activities that are not The educational should be able to be allowed with without a permit. That it just takes all the control away from the county. You, you have no recourse whatsoever.

00:29:56,700	Um, 50 people a day for 75 days, that, that can cost neighboring landowners a whole lot of money and uh It doesn’t allow you guys to step in, because it will be a permitted use and they’re legally allowed to do it, so I think we really need to uh To address that. And, uh, That’s about all I have to say on that.

00:30:15,800	I’m, I’m here for questions. Yeah, Jamie, just a, just a quick question to you, um, so just to sum up what you would like changed. It is. It’s the, the more of the number one, the allowable uses on the 10 acres to change that to what it should be should be the exception, which is how we originally started this

00:30:34,370	ordinance, um. I think instead of jumping in full board, we, we can pass an ordinance that allows, Agritourism, agricultural recreation, which was where we got held up last year. It, it got, it made it to the county commission.

00:30:54,070	The county commission says we can’t really do anything on this because we don’t have an ordinance that permits this. We can go ahead and, and pass an ordinance that permits it. But if it’s not educational, use, I think it still needs to come through public hearings.

00:31:12,830	So you’re saying on the number one, the allowable use is on 10 acres still should require a permit, as, as well as the number it’s not for educational purposes. If, if it’s a for-profit enterprise? Absolutely, yeah. OK. OK, thank you. Um, any questions for Jamie? Yeah, I’m sure, uh, trifle, sorry. If you had to choose a number of days, that’s not even something that you’re interested in. You think anything other than educational egg related.

00:31:39,470	Activities should Be a special use permit. Is that, I’m just, I believe the 75 days is excessive. Is there a number of days if. Or is it that anything that’s 50 people and under. For, you know, and it multiple times a year would need a special use permit.

00:32:04,000	Uh, I guess it, it’s going to depend on, I think each individual situation is different, each individual property is different. What works on one property is not going to work on another. That’s, that’s where the public hearing, I think, would be beneficial. Because each individual property.

00:32:26,470	It it’s, it’s almost like, like the special use permit, it, it shows in there, or it says in there that, uh, That the commission is allowed to look at each individual property and determine what’s the best fit for that property. Some properties. 50 people a day for 75 days in a row or 50 days in a row or however many days in a row, there’s not going to have an impact.

00:32:45,930	Some properties, it’s going to have a tremendous impact and uh I don’t believe, I don’t believe the commission wants to To pass an ordinance to allow Activities that are going to negatively impact adjoining properties financially, um, I don’t think that’s your guys’ goal either.

00:33:09,200	You, you don’t want to, uh, You don’t want to say, no, you’re not allowed to do any of these activities. You want to have a little bit of freedom. But you also got to be able to have a little bit of control. For individual properties because I don’t think you guys are in the business of allowing one activity to put an existing an existing operation. Out of business.

00:33:31,770	Any additional questions for Jamie? If not, thank you for your input, Jamie. Thank you. If anyone else would like to speak in this public hearing on the Article 8 Special uses Agrecreation, please approach the lecture and let us know who you are, where you’re from, and sign in. I’m Karen Martinnison from northeast of Bismarck.

00:34:07,470	Um, I also was part of the focus group and Um So we started at a lower, uh, my concern is the 75 days. Um, we started at a lower number than there were people that wanted 90 days. So there’s discussion back and forth, and in order to come to some kind of compromise and move things forward.

00:34:30,470	We took a boat, although there are a lot of side conversations going on and so it’s kind of a disorganized vote. We voted a few times, but, um, There’s some that just feel like you need more days and some less, and I when I think about the growing season or maybe any, any activity where people want folks coming out to

00:34:51,670	their place that uh like be mentioned that it could be every weekend, and I don’t know how the neighborhood’s going to tolerate. That kind of thing going on every week and I might, Raise some problems and, Even if it’s 75 days in the summer, that’s even that 50 people a day, that’s a lot of traffic

00:35:10,330	like out in our area there’d be a lot of people going by. Um So I’m just here to say that I would be in favor of less 60 days or even less. I don’t, I don’t, um. I guess personally I really don’t see a reason to go beyond 4 to 6 weeks.

00:35:28,230	It would be my viewpoint. And that’s all I have. Hey, uh, thank you, Karen. Any questions for Karen before she steps away? See none, thanks. Thank you. Anyone, anyone else would like to speak in this public hearing, uh, please approach lectern. Tell us who you are, where you’re from, and sign in.

00:35:58,400	Anyone else would like to speak in this public hearing for Article 8 special uses Agrecreation, please approach the lectern. My name is Heidi Grea. I live in Baldwin, um. I was a part of the focus groups, I guess.

00:36:33,630	I thought we had come to a good agreement in those groups and did a lot of work and a lot of conversation and compromise, but now it kind of feels like it was. All for not, but um. Um, I understand that 75 days, especially if it was consistent consecutive days, that’d be a lot in a neighborhood situation that was agricultural zone property, um. We did start with a less lesser number. I have some notes here.

00:36:58,200	One of them was less than 2 times a month. One of, one was 60 days, one was 90, and I agree there was a boat and of a compromise at 75. So I don’t really have an opinion on the 75 days, it seems excessive when you’re talking about consecutive, um, but if it’s not a neighborhood issue, then you’re putting

00:37:20,730	someone else under huge constraints, and it sounds to me like making everybody come in here for a special use permit, unless it’s a A crop or an educational tour system. That sounds like a lot of special use permits for people that maybe just want to do, um, Have 50 people 5 times a year.

00:37:44,170	You know, That seems like a lot of special use permits, so, um. My, my second thought is if you’re going to change that. Under that allowable uses, number one, to just be crops. people growing crops that need those that many days.

00:38:09,200	Where did the rest of the people fall then, like, like you had said if those are having those that use livestock on the Ags owned land, where would they fall that that’s going to have to be written in then to or everybody else per se, so if you’re gonna change allowable uses without a permit to just people with crops, um, and that need those 75 days, the rest of the people,

00:38:28,870	where do they fall then? Um, aside from that, I had emailed Marla and she said to bring it up. At the meeting that At the top there under where it says section 31, Ag recreation. Um, there’s a paragraph.

00:38:52,500	And the second sentence says all persons, entities, organizations wishing to establish the use of ag recreation must apply for and be granted a special use permit. So regardless of how this turns out, how you guys decide to move forward with item number one below. Those say they don’t need a permit.

00:39:11,070	So if up above the paragraph says that all, you know, groups need to have a special use permit, but then item one, you don’t. It seems a little contradictory, so I just thought you might need to. You probably need to clarify some of that, but Thanks. OK.

00:39:31,500	Uh, any questions for Heidi before she steps away? Any questions? And I guess just my question to you, Heidi, is uh is uh the days, what would you suggest for days? I don’t know how you’re going to make it work for everybody, um. The examples given by people that if you’re in like a closer, you know, rectangle shaped 40 acre plots and you have people coming every single weekend all summer long, I get that.

00:39:50,600	That would be terrible to be a neighbor of that with a lot of traffic. I, I get that, um. But then for other egg. Um, situations where people are trying to survive. And hold events to be able to survive and stay open or, you know.

00:40:14,830	Do you want me to give an exact number based on our preference you’ve got a number you’d like to tell us, uh, feel free. If you don’t, that’s fine. I was just wanting to. I mean, 60 is reasonable in our situation too, I mean. OK. Any other questions for Heidi? Uh yes, Mr. Strieffel. Heidi, if um If you Applied for, I do think it would be excessive if.

00:40:38,470	As a private property owner, you came in and applied for a special use permit because you were gonna have 50 people, maybe 10 times during the year, and then you would get a special use permit for a 3 year period. You could be because you can extend, you can ask for what time period that you want.

00:40:53,900	So does that? Help with how it might work and be workable. I suppose, yeah, in some situations for sure. I think it was the Papa’s Pumpkin patch owner that stated to, you know, for him even to stay open, and I realized he’s PUD so it’s completely different, but he even stated that as a business

00:41:14,030	owner to survive and thrive, he has to, um, Add more things in, so you know, I don’t remember if concessions maybe or I can’t remember. He gave examples, not that he wanted to do them like a beer gardens if I didn’t add this to my papa’s pumpkin patch, I’d be a fool because while I

00:41:31,730	have this many people here, I need to add more things that could produce more income. Um, So when, when the process for getting a special use permit is 6 weeks or so, I believe, by the time you have all your meetings and public hearings and so forth.

00:41:49,670	If you have an idea to launch as an entrepreneur, um, something new and it by the time you get through that process of 6 weeks, you’re looking at the next year as well. So that was one of the things he stated.

00:42:05,830	Um, because you have to be pretty specific, I suppose, with those special use permits, and it’s pretty exact what you’re going to do, I imagine. Mhm Yup. Uh, any other questions for Heidi? Seeing none. Thank you, Heidi. If anyone else would like to speak, um, one second, I’ll just, uh, catch you, Kurt. If anyone else want to speak before we have a repeat speaker, um.

00:42:32,470	Anyone else like to come up? OK, uh, not seeing any, uh, I have to sign in again, Comm. You can just tell us who you are, where you’re from. OK, Kurt Fle Bismarck. After listening to this, I’d have a suggestion for the commission.

00:42:50,030	So for 2 years, everybody’s been comparing all this to Dave’s papa Pumpkin’s patch, right? I mean, we heard it again tonight how it started, where it’s gone, ended up being a PUD. I think Dave would probably come here and tell you that when he started, it, it was probably 3 to 4 weeks where he was selling pumpkins. I remember.

00:43:07,600	We, uh, I’m old enough to remember that, right? So maybe we start with the 3 week or 4 week rather than 6 and let the process develop just like. The patch Yeah, so when you say 3 to 4 weeks, you’re talking, uh, kind of everyday, so basically it would be 30, like 30 days let’s go 21 or 30 days. That A suggestion.

00:43:29,070	So again, for 2 years, everybody wants to compare to the patch, well, they started, uh, there was a process that they started and it didn’t end up to where he is today, where he’s, you know, 2 months and, uh, all kinds of different vendors and everything else out there that didn’t just happen overnight, so. That’s a suggestion. OK? Any questions for Kurt before he steps away? Seeing none. Thank you, Kurt.

00:43:48,670	Yep. Would anyone else like to speak on this public in this public hearing on Article 8 special uses Ag recreation. If so, please approach the lectern and let us know who you are, where you’re from, and sign in. Anyone else like to speak in this public hearing.

00:44:14,470	And our last call for speaking at this public hearing for Article 8 Special uses, Ag Recreation. Seeing none, uh, is there any reason anyone knows of that we need to continue this public hearing.

00:44:39,730	OK, then, knowing that, I will close the public hearing and we can move into action and decisions on this public hearing for Article 8 special uses Ag recreation, uh, yes, Comm, I’ll move the uh approve and send it to the County Commission as a as presented except for in section 31, the first page, remove the second sentence because it seems Contradictory to what we have under item one. So, move to approve as presented with the exception of eliminating that one sentence. Yes. Uh second.

00:45:05,000	There’s normally two public hearings in front of planning and zoning. What’s that? There’s normally two public hearings in front, in front of. So that’s inappropriate? No, uh, you can move whatever you would like. So it has been moved, we need to have another public hearing.

00:45:23,470	Will there be a second public hearing here or with the second public hearing be at the Coy Commission Yes, it’ll be, it’ll be at the planning commission if, uh, to hear these corrections, and we’ll move this to the 2nd public hearing. OK. OK. Second public hearing at the public, he withdraws the second I withdraw my motion.

00:45:42,470	I, I, I’d like to change my motion to approve as presented with the exception of removing the second sentence under section 31. second. OK, so it has been moved and seconded to approve as written uh the, the ordinance with the exception of.

00:46:09,730	Uh, the statement under Section 31 Agricultural Resources that reads all persons, entities or organizations wishing to establish the use of public recreation within Burley County must apply for and be granted a special use permit. Any discussion on the motion. Yes, Mr. Streifel. Um, I would just like to remind, uh, commissioners of Article 11, Agricultural district regulations. Uh The principal use of land is for general agricultural uses and the regulations are intended to prohibit, prohibit commercial.

00:46:38,200	An industrial usage of the land and to prohibit any other use which would interfere with the development or continuation of the agricultural use of the land. And to discourage any use which because of its character or size, would rec would create requirements and costs for public services such as police and fire protection, water supply, sewer, uh, etc.

00:46:58,800	Well, I know when we first started talking about this, I initially suggested that private property owners who, who wish to use their land for use other than egg or farm purposes simply put their plan on a piece of paper with the help of the Burley County Planning and Zoning Staff.

00:47:17,000	And a public hearing is then held prior to the SUP being approved and it’s, it’s basically a very simple process that allows for neighbors and neighboring property owners to be involved with what’s being done on a property next to you.

00:47:39,400	There are so many long skinny rectangle shaped 40 acres in Burley County, that it’s really difficult for someone to hold an event of Let’s say 50 to 75 people. Uh, even 30 times a year and not adversely affect.

00:48:00,830	The property right beside him because you’re in these long skinny stretches of land, and you’re not in a nice big square, for example, so there’s a lot of those, um, and so when we’re doing a, a ordinance like this, I think we have to be careful.

00:48:17,400	I think we have to start on a, a more restrictive line, and I, I would hope that for someone like Circle C Ranch that it would be simple to get a special use permit and have one for 5 or 10 or or 30 years, and then it would just be a done. deal, you wouldn’t have to ever worry. Nobody’s gonna have a problem. With what you wanna do and I would, I would suggest that. So I just wanted to remind The Commission of Agricultural land and the purpose for it. Thank you, Comm Sreefel. Comm Patrick, yes.

00:48:35,970	Well, I, I, I think uh we heard uh several times and I, I would agree I, I had that mark myself before we came to the meeting, but I believe that uh 75 days is too many days. I’d like to see that changed to 50 days. Um Which was Ely.

00:48:55,970	I represent the growing season, probably even less could go less, but I’d say 50 days to begin with. Um And I’m not sure that I would agree that you should not have a special instrument for. Section one. And thinking there should be a special use for at least for some of those functions. Uh, on a, um.

00:49:18,070	I guess viewing viewing uh a farm animal and petting them or something like that uh. is a big deal, but I’m looking at uh corn maize and. He, uh Maybe Yeah uh Why your congestion. Over that period of time. The other thing that you know that I know that and I mentioned it to Mitch earlier.

00:49:37,900	is um They’ve got 45 decibels nighttime, uh, noise and I you’ve heard me say before, the nighttime background in North Dakota. It’s 35 decibels, 35, 368 weighted decimals. And so that nighttime should be lowered to 35. Because that’s what it is. That’s all I have. OK. Any other, Mr. Chair. Uh, yes, Comm Bittner.

00:50:08,800	Thank you, Mr. Chair. Um, there’s been a lot of good conversation. I know a lot of good effort put into this, um, I got a couple of points. I, I’m not gonna support not having a special use permit. The county has to have a clawback.

00:50:30,900	Um If we’re going to allow these sort of things, um, which, um, We may not be able to do. Um, I guess my, that’s my point is I’m not gonna support anything that does not include special use permit, and I think Uh, less days, um, is certainly a better starting point than 75.

00:50:51,770	And then the third thing that I have is I wonder if anybody talked to the county state’s attorney. Um, because it’s always been my understanding that we, we can’t make zoning ordinances that Impact agriculture. So I guess that’s a question. Did anybody run this past the state’s attorney yet.

00:51:15,830	Oh, yes, Marla, can you answer that? Yes, I’ve sent it to um state’s Attorney’s office for review, um, she hasn’t gotten back to me yet, but she does have it. So OK, thank you. And she is going through it. Thank you. Uh, any other discussion on the motion? Yeah, Comm Connelly. Um, in the, I do agree that the, uh, change, um, whether it’s removing the sentence or changing the word all has to happen.

00:51:47,100	Um, 50 days, I mean, a lot of the uh the special use permits or even um they go based on a season like it’s a Halloween season or a um Um Winter season where there’s during Christmas break and things where a lot of people have time off, that doesn’t really warrant a 2 or 3 month,

00:52:07,370	um, look, uh, even summer with our winters being so long, um. We that harvest season we kind of protect just because the increased traffic with large machinery and all that stuff, um, out of that whole list, um, I can see where any mazes might go lean towards a special use every time because even in a We

00:52:32,570	don’t have the resources to police everything, even in city ordinances, so a lot of things are driven by complaint basis and sometimes it’s competitors complaining in order to get a leg up versus leg down on the other, um, it’s a really hard thing to navigate.

00:52:51,630	So out of that list, the corn mazes and hay bale mazes I can see hitting on that fringe really easily, where the other ones. Uh, depends on how many tractors and things you get or horses you want to have for rides and things so it gets a little um harder to exceed that 50.

00:53:13,230	Um But Um, to get too restrictive at what point in time? Do people just lose the rights of using their property. And that’s one thing that America enjoys where other countries don’t so much, and I mean That should be up to debate also, um, because if you buy property and then you can’t. are very restricted on what you can do with it.

00:53:35,070	Um, I’m not saying no restriction, but it has to be part of the conversation, I would think. Thank you. Uh, any other? Any other, uh, comments? Mr Jarrett, yeah the motion here. I, I cannot support the motion because I, to me, I think there’s a, uh, needs to be a dis a definition between commercial and agricultural.

00:53:56,830	Some of these Here again, corn mazes, that’s commercial to me. I mean, corn is agriculture, but you’re, your, your profit and making a an additional. Enterprise off of that, so to me somehow it needs to be broken out or something to where. If it’s commercial, no matter what it is, it has to have special use permit.

00:54:17,630	Because I don’t think anybody buys agricultural land to have a commercial operation next door to them. So that’s, that’s my thought on that and why I won’t I can’t support the motion. Thank you.

00:54:37,930	Any uh further discussion on the motion? Yeah, Comm Rich to say that what we have before us is a compromise from some experts in this area, and I don’t think uh allowing these things hurts agriculture. It enhances it. I think it about maybe a young Guy at Moffatt, Moffatt, by the way. Moffatt what might want to do hay rides.

00:54:56,200	We’re gonna have to force him to go through a special use permit to come before this body come before this county Commission before he can offer hail rides and make a few bucks on the side. I, I don’t know.

00:55:12,100	I, I, I’m a pro property rights Guy, and we should allow people to do things, um, within reason, and I don’t think this is unreasonable and it’s a compromise that a lot of people that know far more. than me about it have come up with. So that’s why I moved to um adopt it.

00:55:27,100	Uh,,,, 11 clarification, and Marla, maybe you can help me out with this is that if, if someone is doing this and not charging money or charging money, does it change? Does it change that that is part of the ordinance or not or it doesn’t matter. Well With the 50 people because we have the limit of 50 people, um, I don’t know how much profit that would bring in to where it would be considered commercial.

00:55:49,430	But if you’re going to have 100 people a day or 1400 people on the weekend, then that turns it into commercial. Enterprise. It’s just um the Ordinance was written the way they wrote it was so that, like he said they property owners do have the ability to hold some events, um, without having to go through your special years, because it wouldn’t really be considered a

00:56:11,930	commercial. It could be an agricultural, um, I’m trying to think what the word is, enhancement or egg-related, um, So I think if they’re making Having more than 50 people a day, yeah, that’s a problem. That’s commercial. OK. So. OK. I just, uh, thank you that that that answers my question. Uh, uh, yes, Comm Sreifel.

00:56:39,200	Um, just for example, with hayrides, it obviously the majority of rural people are not going to have a problem with hay rides unless you’re having 100 people out there, 3 times a week and And that that’s gonna be, that’s where you’re gonna start having complaints.

00:57:01,030	This isn’t anything to do with a normal agricultural private property rights. This is when you’re, when you’re going over and above that and I just have to say what Comm Bittner uh said earlier, I agree with. I think I can’t.

00:57:19,670	I’m having a tough time being able to support this without a special use permit, but it’s not for your regular agricultural, uh, recreational activities that you would do as a family or you would do as a neighborhood. This is about bringing in people from outside of the area. It’s about travel on the rural roads. It’s about emergency vehicles.

00:57:38,730	It’s about property rights of the neighbors, cause everybody has equitable rights, so it’s about more than just, um, stopping somebody from having hay rights. Thank you. Uh, Comm Patrick, did you have anything? OK. Yeah, and uh Mr. Connelly. Um, I’ll just say, uh, I’ll vote no on this motion because I think the motion should be, we should call for the second hearing.

00:58:01,870	Versus approve anything, make the changes, call for the second hearing so we can go through that process. So the wording is correctly worded correctly. OK, uh, yeah, Comm Patrick also we talked about should show up in in as an amendment to this. right now, such as noise levels such as. Are we going all or require special use for it.

00:58:23,630	Those are the things I think need to show up on this. I, I think 11 thing that’s, uh, and, and I will remind, remind people I I know I brought this up at the beginning, uh is that uh to me, I think this needs to, this needs to Maybe err on the more restrictive than the than the more open, uh, and I only say

00:58:43,470	that is because there’s beauty, there’s, there’s a PUD process that, uh, anyone who wants to go more than this, and that’s, that’s, it goes through the same process. It’s still a, it’s basically like a special use permit.

00:59:00,630	Uh, it’s, it’s rezoning, but it’s a almost like a special use permit saying that I am going to run this and I’m gonna do this, this, this and this, and that is part of your, your public uh or excuse me, your, uh, your PUD so.

00:59:14,470	Um, just I just want to kind of mention that is that that is, that is definitely another way that if people were going to do things related to this, and it didn’t fit into this, uh, this, I guess, ordinance as we have it written, uh, there is openness to, to go another route. Question. Let’s call for the question. OK, question has been called. Is there a second? Or, excuse me, we will vote on the question. Yeah, that is correct.

00:59:36,500	That is correct. So, uh, we will, uh, is there any opposition to, uh, previous question. Seeing none will move into a vote. All right, uh, we will vote on. The emotion and Marla, if do you have down the emotion? Yes. OK. If so, then. Oh, go ahead, yep.

01:00:09,470	The motion is to approve it with the removal of the second sentence under Section 31 Agricultural recreation, which would be all persons, entities and organizations. Need to be granted a special use. So that was the motion. Yes means you agree no means you do not.

01:00:34,130	And, uh, Marla, just, just, um, if, if this motion passes or doesn’t pass, basically if it passes, it goes to a second hearing. If it does not pass, then what happens? If it does not pass, we have to either make another motion or send it back with suggested changes. OK. And then we’ll have, Another public hearing. Either way, we’re going to another public hearing. Sure. Uh whether we make the changes tonight or at the second public hearing.

01:00:54,770	Thank you for the clarification. Just take us through the roll call vote. All right. Um, Comm Patrick. No. Comm Rich? Yes. Comm Streifel? No. Comm Zerov? Yes. Comm Bittner. No. Comm Connelly? No. Comm Jared? No. And Chair. No. OK, motion failed. 2 to 6. That motion in this public hearing has failed.

01:01:32,370	And, uh, is there another motion anyone would like to bring up? Um, Comm Patrick. I move that we um. In this back, uh. To the planning and zoning so that they can put in some of the suggestions that we Uh, came up with tonight. Such as the uh removal of. hill hill Dale Hays from the uh.

01:01:57,330	Section one. Also, uh, to reduce the noise level also use the days to uh. 150 days. Anything else that anybody else wants to. If you call for the 2nd hearing also I. Did you call for the second hearing, I’ll second it.

01:02:21,900	You leave that all persons and organizations wishing to need to apply for a special permit that covers. What I think myself and Comm a bit more concerned about. If, uh, yeah, so, if you, if you could stay kind of the exacts of what you, what you’re looking to to change with your motion. What, what did you want? What do we want with that leave it as is.

01:02:45,870	Yeah, that’s 25 decimals removing corns and he writes on the um. Like TV uh business from the uh section one. And reducing the days. Allowed to 50 days per year. call for a. And OK. Yeah, so If I have this down correctly, it is, you’re moving to.

01:03:25,400	Move this, you’re moving to, move this to a second public hearing with the Changes of instead of 75 days that goes that goes down to 50 days. We take B and C out of number 1 under uh under section 31, just be. Oh, I thought you said hey rides also. No. No. OK. Yeah. Bill, sorry, so B out of number one under section 31, change the decibels from.

01:03:51,700	For, for nighttime. For night, the nighttime decibels from 45 to 35. And Call for the 2nd public hearing. Right Clear as mud, Marla. Sure OK. And uh that that was made by Comm Patrick, who seconded that Comm Connelly. OK.

01:04:19,730	Is there any discussion on the motion? OK, seeing none, we’ll move into a roll call vote. Marla, if you could take us through that. And found all your changes. So, um, Yes vote means you approve. No vote means you do not, and the changes are 50 days decibels to 35 at night and remove. Corn mazes and he writes from No. Horn mazes and hail beamail mazes from section one. Correct.

01:04:51,800	That’s hard to say. Yes, yes. OK, so, um. Comm Bittner. Yes. Comm Connelly. Yes. Comm Jarrett. Yes. Comm Zerov? No. Comm Streifel. Yes. Comm Rich. No. Comm Patrick. And Chair. Yes. Approved 6 to 2. OK.

01:05:29,270	Uh, that the Article 8 Special Use A Recreation ordinance is approved to go to a 2nd public hearing, I assume we will have that second public hearing next month. Yeah. Thank you. OK. Is there any other business other than Adjourn? Adjourn. OK, OK.

01:05:52,470	Any other business, Comm Connelly? I just want to say that um the county and then it moved to the city and we’re just uh looking at a date from the city. There’ll be discussion on the ETA, um, the first one will be educational based to get everybody up to speed, so we’re talking about it, but that’s something that planning and zoning should be well aware of and pay attention to because it’s a discussion that’s been Needed for a long time. Mr.

01:06:15,100	Chair Yes, yes, Comm S add something, um, I know there’s, I think 3 commissioners coming up for reappointment or not by the end of the year and I would just, um, tag on to what Mike was saying.

01:06:32,800	That, uh, with this ETA stuff coming up, I think there’s only 2 commissioners out of 9 that are outside of the ETA right now who, who reside outside of the ETA, so hopefully there will be some applicants from people who live in the rural areas. All right. Any other business other than adjourning? It has been moved and seconded to Adjourn, all in favor of adjournment. Say aye.