00:00:10,430	July, uh, we will start with a roll call. So Marla, if you could take us through roll. Comm Bittner Comm Bittner. Here. Comm Connelly. Here. Comm Jarrett. Yeah. Comm Munsen. Comm Patrick, Comm Rich. Here. Comm Streifel. Comm Zerov. Here. And Chair Agnew. Here. We have a farm. Thank you.

00:00:52,130	OK, we have nothing on the consent,,, 00, excuse me, we’ll move into the approval of the June 11th, 2025 meeting minutes. Sure. Yes, yes. There’s a couple things that I wanted to. See if we can correct. Um Is the right time? Yes, absolutely.

00:01:11,330	OK, I just was wondering if we could make a couple of corrections before we approve. Uh, under On page 3 of 5. Uh, Heidi G degrees. It says that she requested that. The sentence be removed, but she didn’t. She requested clarification. So if we could correct that.

00:01:43,500	And then Laid down in the minutes, it says that Comm Streifel said earning money with agricultural activities on your property as commercialization of the property. That is not what I said. Um, I read article one, the purpose, intent, and authority, and I said, I just want to remind the commission of Ag zoned land and the purpose of it.

00:02:01,600	And then on page 5. My, uh, the statement. That I made, we have 3 openings coming up in December. I said, since there are only 2 members. Who live outside the ETA. And I would like to see more representatives from the rural area outside the ETA.

00:02:27,200	I know they’re not, it’s not a big deal, but No, we, yes, we definitely want to have, uh, accurate meeting minutes, um, Marla, do you have all those? Any other, any other corrections anyone would like to make to the meeting minutes before approval. Move to approve with recommended changes. And Marlo, you’re, you have clarity on the changes. OK, yep. OK. I do. OK. OK. OK.

00:02:50,070	It’s been, uh, moved and seconded to approve the meeting minutes with with corrections. All in favor say aye. Aye. Any opposition? Hearing none Meeting minutes are approved. With corrections. With corrections. Thank you. There’s nothing on the consent agenda tonight. Uh, we do have two public hearings.

00:03:15,730	Uh, we have the first public hearing is the Plains Ridge subdivision, uh, so if, um, Marlo or Mitch, if you could take us through some detail on that, and then we’ll open the public hearing. OK, this is the, uh, Plan Ridge subdivision. It says that 2 lot subdivision.

00:03:42,470	Um, it’s located in part of the southwest one quarter of the Southwest one quarter of section 24, Township 140 and range. Ed West. And the address is 1120141st Street Northeast. OK, um, just said to lot subdivision subdivision on 14 acres, more or less, uh, one lot will be 8.9 acres and one lot will be 3.27 or 3.27 acres.

00:04:23,600	Right now it’s zoned agricultural, but they would like to change it to our one, And they had applied for an R1. Zoning when they applied for 4 lot subdivision and the planning and zoning Commission did not. Rule on approval or denial of that are one, that’s why we’re up with it today. That’s part of it.

00:04:48,170	Um, it was posted to the Bismarck Tribune, June 25th and July 2nd. It was on the Burleigh County website, uh, June 24th and surrounding property owners in a quarter mile radius. It was sent on the 24th of June. What they’re asking for is final approval of the plaque and give a due pass recommendation to the board of Burleigh County Commissioners.

00:05:12,130	Um, the history soundness had approached Burleigh County in February of 2020 for a four lot subdivision and a zoning change from Ag to our one single family residential. Um, in April 20th, 2020, a public hearing on the subdivision was denied for the following reasons.

00:05:40,430	There is only one axis onto Northeast Forty-first Street, Snow removal can be a concern. Wastewater may flow into Hay Creek tributary. Tree growing in the ditches leading to 41st Street could be hazardous. Road conditions on Northeast Fortyfirst Street and 110th Avenue are unproved and improving 110th Avenue will be in an additional cost to Burleigh County.

00:06:08,730	Sepp did not decided not to appeal the decision in 2025, he was approached by his renter to purchase the property surrounding the house that he is renting since the house is located on one parcel, the parcel needed to be subdivided before the property could be purchased by his renter.

00:06:28,530	He was advised to submit a new final plot showing the two lot subdivision and to request the zoning approval be submitted to the county commission. The petitioner is asking for the zoning change, like I explained, because we did not make a motion on it. Um, the stormwater management plan for the two lot subdivision has been submitted and approved by County Engineering.

00:06:51,570	Access to the occupied lot has been approved and access to the unoccupied lot has been assigned on the final plat. I have a better picture of that. I That little area right there and around it is where The um lot is gonna be divided. Stop findings.

00:07:30,570	The subdivision fulfills the requirements of Article 33 of the Burleigh County Zoning Ordinances, the final plot has been submitted to all reviewing entities, all concerns and corrections have been addressed. The zoning is agricultural. And it was presented, but it was never approved or denied. Um, this subdivision meets the requirements of Burleigh County Comprehensive Plan, Article 3, residential neighborhoods, objective 1 and 2.

00:07:57,770	And the stormwater management plan has been submitted. The petition for the final plat meets all the requirements of the Burleigh County zoning ordinances, Staff recommends approval of the final plot and zoning change and giving a due pass recommendation to the board of Burling County Commissioners.

00:08:18,030	As always, you can improve the final plan and zoning change and give a due pass, approved the final and zoning change with conditions and give a due past recommendation, deny the final plot in zoning change or table it for more information. Any questions? Any questions for Marlo before she steps away. I have a question. Uh, uh, yes, uh, Comm Streifel.

00:08:36,600	I just have a quick question. The access to the additional lot has been determined. Is it where you see the little road? Yes, that did not change. For the part of the property where it’s. Located. Comm Ri Mr. Chair.

00:08:58,430	So all the concerns from 2020 have been addressed for this reapplication, correct? Yeah, when we did it in 2020 it was a 4 lot and what we had was we had joint access points, but with the traffic on 41st Street, um, at that time, they thought maybe that was too much. And the big concern was the wastewater from the septic systems going into the Hay Creek.

00:09:24,130	t ory tributary, and uh right now, uh, the way it’s set up, that’s not gonna be a problem on these two lots and Seth has told me that, um, they’re not planning on developing it right away, the second lot, but they do have to divide this to sell it to the renter. Um, I mean, they could have done.

00:09:45,470	Like a survey, but then the renter wouldn’t be able to build South Wind be able to build on his so they decided to just subdivide it right now before the sale. All right. Any other questions for Marla? Mr. Chair, yes, the stormwater management plan was approved on the June 18th.

00:10:10,070	Yeah There there is a big concern on this because it’s the uh now it’s a wetlands that runs right through the center of it. It’s a large easement, so it’s a no-build area, so that was approved on the 18th. OK. Uh, any other questions for Marla? OK, seeing none. Thank you, Marla.

00:10:31,430	OK We will, oh yes, yes, Comm before you open the public hearing, I just want to disclose that I live within a quarter mile, so I did receive a public notice. Letter. Oh, I don’t specifically have any problems with what he wants to do, but if anybody feels like I should. Not Be up here during this? Now’s the time.

00:10:49,100	If there’s anyone who thinks that Comm Sharpel should recuse herself. Uh, please speak up. OK. Uh, not hearing any, uh, so we will open the public hearing for the Plains Ridge subdivision. Plains Plains Ridge subdivision, if you’d like to speak, please approach lectern. Tell us who you are, where you’re from, and sign in.

00:11:15,130	Good evening chair and Commissioners. My name is Nick Cullen. I am with Houston Engineering representing Mr. Sanders on this latte, and here to address any questions that you may have, our client is also here. To address any questions as well. OK, thank you. Are there any questions for Nick? Uh, seeing none.

00:11:36,730	Anything else, Nick? No, that’s all I have. Thank you. OK, thank you. If there’s anyone else who would like to speak at this public hearing for the Plains Ridge subdivision. Uh, please approach lectern. Tell us who you are, sign in and where you’re from. Anyone would like to speak? Mr. Um OK.

00:11:59,500	Yeah, go ahead, approach. Uh, yes, uh, Comm Sreifel, any I was just Wondering if uh the owner is here. Oh, OK, all right. Oh My name is Les Alonzo Fuse. And from Baldwin, uh, but I know this area very well. And, uh, I have deep concerns about not this particular transaction.

00:12:38,800	Um But As you said, that down the road they wanna Eventually do something with it. Where Hay Creek is, and especially with, um, What’s his name in the, you know, he wants a wedding venue right there on the other lot. I mean, all that stuff is gone.

00:12:55,100	I mean that that Hay Creek is so close to all of this stuff. It is gonna be. A nightmare. I mean, I think eventually and that I mean. That doesn’t even include all the road stuff.

00:13:10,700	I mean that, but I am very concerned about Hay Creek and the people that live along that, and if they’re going to build that up, I, I, I really. It, it hurts my heart to think of what’s going to happen to that creek. Because those people are gonna if they eventually build there, it’s gonna be awful.

00:13:30,930	I mean, it, it’s all of those lots will slow, I mean that whole egg area there that, you know, they’re changing slopes right down into the. Into the creek, and so you’re, you know, if they build there, there’s gonna be backyards with everything going in to the creek. I mean, you know. Lawn spray, you know, kids, I mean, you name it, whatever.

00:13:52,170	It’s, I think it’s gonna be uh the death of that creek. In my opinion, but um And I know that you’re not there yet, but That is the end result. I mean, that’s the end goal, right? So I, I don’t, I don’t think it’s, I mean those won’t even be 1 acre lots.

00:14:13,570	I mean, and that is not very deep. I mean, do we know how deep that? That piece of ground is before it hits the creek. I mean, it’s hardly is drawn on the platinum, the dimensions are drawn on the plot. Yeah I just, like I said, I just wanted to. Everybody to know that it’s a Very touchy.

00:14:36,470	Piece of ground. Yeah, did you say Leslie Le. Less, OK. Yes. Uh, any questions for last? Yes, Comm Rich, are you concerned about like septic tanks, uh, leaking into the creek or run off from. You name it. Or. You name it. OK.

00:15:02,070	I mean, driveway stuff to uh backyard stuff, you know, sprays, uh, because you can’t help it, your, your whole lot goes downhill into that creek. You can’t help but have stuff run in there and there’s, there’s a lot of egg in that area and cattle and, you know, people. use that Creek For things and. I I, I really think we need to protect it.

00:15:26,270	I mean, I, I understand that people want to, you know, make money and build, but I don’t know, that creek is been there a long time and has helped a lot of people in in the agricultural business and I just I’m concerned. Very concerned. Uh, any additional questions for, uh, last, yes, Mr. Patrick have a question.

00:15:52,300	Is, is, is that a creek, is that actually a flowing creek or is that just whenever it rain, we get run off from rains and stuff. No, there’s water in it most of the time.

00:16:03,970	But is it running or is it just standing water? Uh, I guess it depends on what time of year and how much rain we’ve had. But I mean, if, do you know where that creek goes? I mean, that, that thing winds around and goes, I mean, it crosses under 83, it goes on the other side of the road. It’s, it’s It’s a very important water.

00:16:22,130	You know, I guess you could call it a watershed, I don’t know, uh, in our area and I think we have to be very careful what we’re doing. Any other questions for Les? 00 yeah, Comm Patrick, yeah. Oh, OK. Uh, any other questions for less? Uh, seeing none. Thank you, Les. Chair Agnew, Comm Patrick.

00:16:57,400	That is a designated wetland area and it is also a defined stormwater easement within the Platte boundary, which we have established. It’s actually a fairly large boundary if I can have the Elmo. This entire, excuse me, this entire delineated boundary within the middle of the latte is the stormwater and drainage easement.

00:17:17,830	It also includes the wetland delineation area that’s been established by um. The national wetland Inventory, so we have all of that surrounded to be protected. Now she is correct, absolutely there’s hundreds of square miles that drain to Hay Creek itself, um.

00:17:42,930	Obviously our client wants to develop hundreds of other people likely want to develop along this creek as well within these hundreds of square miles. Um, I don’t know if That’s going to be something that I can personally request that that can be done or stopped or. But anyway, Uh, in regards to the stormwater and dra drainage easement ice.

00:18:06,400	I believe that we are addressing erosion, being prevented from going into that stream, um, there is no additional development planned at this time within law to itself. This is strictly a lot split so that he can solve the property to his renters. So, so that’s primarily stormwater drainage is what that is. Yes, absolutely.

00:18:25,530	So, in other words, uh, uh, right now, there’s, there’s not flowing water in there. Standing. At, at this time, they’re standing wetland water. It’s if you put your foot in it it’s gonna be squishy, but it’s not running currently under this dry weather. We get rain, it’s going to be running right. Thank you. You’re welcome. OK.

00:18:43,630	Any other questions for Nick while he’s up here? Oh yeah, I’m not sure if this is an appropriate question for you or for the owner, but um. Prior to This when, when this was first applied for in 20, was it 2020? Um, I think only one of the concerns have been addressed, and that’s the trees growing in the ditch leading to 41st.

00:19:03,430	Some of those, uh, dead trees have been removed and the rest of these have not been addressed, um, if, is this like a slow roll towards The previous plan, the 4 lots along 41st. No, ma’am. It is not. That is not the plan right now by any means.

00:19:22,170	This is strictly to sell off the property that’s existing out there while still retaining the existing land for he and his family, there is no plan to develop at this time. Thank you. You’re welcome. Good. Any additional questions for Nick? OK, see you. Thanks, Nick.

00:19:41,430	If anyone else would like to speak at this public hearing for the Plains Ridge subdivision, uh, please approach lectern. Tell us who you are, where you’re from, and sign in. Anyone else like to speak at this public hearing. And this will be the last call for anyone to speak. Seeing none, is there any reason that we need to continue this public hearing.

00:20:04,130	Seeing none, we will close the hearing and move into discussion and action. Uh yes, Comm Sreifel. Um, I would just like to Expound a little bit on what Les said just so you can understand it more because I’ve lived in the area for over 20 years.

00:20:23,470	The Hay Creek does flow through multiple pastures where cattle, you know, are, and of course people are farming. But it along at 26, you can see where it curves and then it comes out and it runs right along twenty-sixth. A few years back, Hay Creek overflowed and. flooded properties along 26th so that people were actually using boats out in their yards to get around.

00:20:44,800	And the water was lapping up along the side of 26th Street, so that there there is a concern where the water does flow sometimes. I think it had something to do with.

00:21:00,800	Hay bas not being hay bales that were in the ditch and kind of clogged up the system and that was part of the reason why the flooding happened, but. It is a it is a tributary that does flow. Any other discussion? Or action Move to approve as presented. It, it has been moved to approve, move to approve as presented by Comm Zeroff, seconded by Comm Patrick. Is there any discussion on the motion to approve as presented. or something. Oh, yes, Marla.

00:21:36,100	Does this include the zoning change? Because that’s where we got into trouble before. Yes, as presented. So, just for clarification, the lat and zoning change. Because the, the zoning change in the plot we’re coming through. Together, right? Yeahtin only change. OK. Yeah. Thank you for the clarification. Clarification, my motion is option one.

00:22:07,070	Is there any further discussion on the motion? OK. Seeing none, uh, we’ll move into a roll call vote. Marlo, if you could take us through that. Motion is to approve. The subdivision and the zoning change and give a due pass recommendation. Um, Comm Connelly. Yes. Comm Bittner. Yes. Comm Jarrett? Yes. Comm Patrick? Yes. Commissioners are off? Yes.

00:22:41,230	Comm Streifel? Yes. Comm Rich. Yes. And Chair. Yes. Orod. OK, so the Plains Ridge subdivision, uh, is approved to, uh, to move to the County Commission. We’ll move into our 2nd public hearing of the evening.

00:23:06,830	And that is the hearing for Article 8 special uses, Ag recreation, and this is the 2nd hearing on the subject. this um is a public hearing to amend Article 8 to add agricultural recreation. The staff presented, uh, the planning and zoning commission with the draft ordinance for egg recreation at a public hearing on June 11th.

00:23:39,130	After several comments from the public regarding the number of days, number of attendees, in which an activity could be held without a special use permit, the allowable decibels and whether a corn maize and hail hay bale maize were agricultural activities, a motion was made to change the number of days for allowable activities without a permit to

00:24:02,430	50 from 75, removed the corn and hay balma. as an allowable activity. Um, change the decibels for a nighttime noise to 35 decibels from 45 decibels in all instances, um, the changes are highlighted in the article e special use. This is the second public hearing.

00:24:29,070	What I that was um originally moved when the first motion, which failed was the sentence all persons entities or organizations wishing to establish the use of agriculture, recreation within Berlin County must apply for and be granted a special use permit.

00:24:54,330	There seems to be some confusion from people that I’ve talked to on whether all uses, um, like right now we have it at 50 days, 50. People, if those aren’t going to require a special use or if that is something that they can do without, but it sounds like it’s. Majority would like it as a special use permit. Um And um that’s the members that are approached us afterwards. So that sentence is still in there.

00:25:17,600	The changes were made directly to the motion that was approved. Um, we received several comments, 6 so far, questioning. Uh-huh, the number of days and the amount of people, um, there’s been different suggestions from 30 to 35 days to 40 and for 30 people anywhere from 30 to 50 people

00:25:44,330	attending on 10 acres or more for those activities. Um, there was no changes for allowable uses on the, on 40 acres or more, which are the domestic wineries, uh, distilleries, taprooms, um, things like that. So You have any questions for me or are there any questions for Marla before she steps away. Yes, Comm Rich. Yep. Yeah, Mr.

00:26:16,900	Chair Marla, now that we’ve struck in corn maize and hay bale maze is under um allowable to 10 acres. They’re not listed anywhere. Could you still do a corn maze with a special use permit? No.

00:26:37,770	If this passes? It, um, like, uh, Chair Munsen or Comm Munnson has said, if it’s not in the ordinance, they can’t do it. Um, I think. The motion was made to remove it. It wasn’t. If this passes corn mazes and hay bale mazes will be prohibited in Burleigh County other than side the ETA. Bismarck Bismarck. OK, uh, yeah. Mr.

00:27:00,130	Strieffel I’m wondering if we misunderstood that during the last meeting, because I think we were just removing it from The 50/50, the 5075, I don’t think we were. Prohibiting it I think we were removing it from being an allowable without a special use permit and we were requiring a special use permit for that. Yeah, it just, um.

00:27:25,900	The way the ordinance is written now with that sentence in there asking for all activities of egg recreation to apply for a special use permit, um, Taking that corn and haybale maize, I just saying that. It can without us or it’s not an allowable use whatsoever.

00:27:49,800	So to allow it just uh for clarification, Marla, we would have to then add it back into the um the line item 2 or number 2 under the allowed with special use permit, right? If, if that’s the way that someone wanted to go. That’s why we’re here for the second public hearing, we can make those changes. If you want to add it back in, we can add it back in. Gotcha. Commissioners off, yeah.

00:28:03,200	So Marla or. Our corn maze is not allowed currently on agricultural land in Doesn’t matter if you got 160 acres or 10 or 2 sections of land, you can’t do a corn maize in Burley County as it sits right now. Yeah. Yeah, OK. The way it sit right now with the special permit. Oh, nope. No. No, no.

00:28:28,770	It is. Something got misunderstood at the last meeting because that was that the consensus of the commission? I thought it was possible with a special use.

00:28:45,400	Yes, we wanted it moved from being an allowable activity without a special use permit to being under a special use permit, that’s what we intended, so yeah, we can, we can make that change, uh, we can make that change if need be. Yeah.

00:29:02,530	Yeah, I think a lot of it was the confusion between, the where it has that sentence that and Heidi brought it up where it says, you know, um, must apply for and be granted a special use, but in the meeting we had talked about. The allowable uses under number one to not require a special use permit. And to be something that was allowed if you’re only gonna have 30 people, uh, or 50 people, 50 times a year, whatever, um, that’s where the clarification needs to be made.

00:29:25,400	Um, if we take it out and we improve this ordinance, the way it’s written, they won’t be allowed. So yeah, I mean, thanks for the clarification, Marla, I appreciate that. Uh, any other questions for Marla before she steps away, we’ll go, Oh, Comm Rich, yes. Commission, uh, Mr. Chair Marla.

00:29:44,570	You know, the danger of listing the allowable stuff is somebody’s going to come up with something else, some creative way that some young farm kid’s gonna say, oh, I can make some money doing this, that or the other. I’m just looking at you pick, it says orchards or tree cutting.

00:29:58,430	What about if you farm kid planted in. or sweet corn and charge people $5 a dozen, they pick your own sweet corn or something to that effect. Yeah. It doesn’t look like it would be allowable because it’s not specifically spelled out. And I’m just bringing that up.

00:30:12,770	There could be. Yeah. A dozen other things that might come up. Yeah, there’s um, we do have a little of a caveat in here where it says, um, Relating to principal agricultural uses at which less than 50 people per day.

00:30:33,670	So we do have that item G on this list, which, You know, we could allow corn mazes and hail bait. He, he Belmass. Um, because we do have that. In there so that if somebody comes up and says, well, I got sweet corn, that would qualify as a UP pick. Because it’s an agricultural pursuit or if they You know, and choke cherries or.

00:30:58,200	Apple trees. Um You know, and we can adjust that take out orchards, or tree cutting, I guess that was one, This specific ones that we talked about, I think you pick kind of covers a lot. Um We could put an example, it says you pick orchards. Um-hum.

00:31:21,300	I don’t know, you could have a vegetable garden and they could pick, you know, bushel basketball for X amount of dollars. Yeah, Mr. Chair. Yeah. Yes. We can change that. Uh, Mitch, yeah. Yeah, this ordinance is not to restrict the entrepreneurship of people who live in Burleigh County.

00:31:41,470	This is to give an outline of what we think is allowed every use, every special use is always applied for and, and reviewed under its own merit. If these, if we, if they have something that is not on this list, but we considered AGrec or close to Agrec. Then this commission could consider it.

00:32:04,400	You would have, you would not have enough room to print all the things that are allowed in the activities. So, yes, yes, Comm Bittner. Thank you, Mr. Chair. I think maybe we could just add a simple sentence that You know, that just kind of refers to this list is You know, kind of a reference, but not limited to this list.

00:32:26,430	kind of Because like uh Comm Risch suggested, I mean, a lot of things could come up. And I, I don’t I don’t see a a need to make it so restrictive because I think I would want to hear. Um, some of those possibilities from somebody trying to um improve their financial situation, I think that would be good. And I also agree that it wasn’t our intention.

00:32:47,730	I don’t recall it. Any prior conversations where we’re trying to eliminate a corn maze that, that would have given the wrong impression to. Oh Certainly one place that we’re aware of. Thank you. Yeah, uh, thank you, Comm Bittner.

00:33:06,370	Um, yeah, and if you could, um, put, put a little bit of thought to, uh, kind of maybe the wording of, of what we’d want to put in and then we can get to that when we move into action after the, after the, uh, the hearing. Yes, Comm Connelly. And could be just anything that’s unlisted or listed, um, a person can refer you or refer to the special use process.

00:33:29,900	Yeah. That would be a blanket statement that would cover it. Yeah. And, uh, Comm Patrick, yes. I think that you can, uh, before your list, you can say all uses such as but not limited to. That would take care of it. Yeah. Yeah, that, that sounds. Yeah, yeah.

00:33:50,670	Uh, any questions, uh, for Marla? Before she steps away and we open the hearing. Yeah, one more thing. Oh yeah, go ahead. Um, we just have to make sure that when, um, The motion is made that it includes those changes.

00:34:13,530	So that Um We have those because once emotions are made and passed, we can’t make other changes without it coming back for another hearing. Sounds great. I appreciate that, Marla. Thank you, Comm Patrick, yes. Yeah, I understand too, Mara, the, the, on the minimum requirements, some of the meetings and some of the other things have been changed to be correct because they were not correct as printed, correct.

00:34:31,300	What do you mean the ones that we’ve already made? one that was mailed out the I mailed out. Um, yeah, yeah, um. Yeah, the ones called out in yellow. Yeah Yeah. OK.

00:34:58,670	Yeah Those changes are, um, the ones that were changed by motion and um I put them in yellow so that we can see where the motion was and We wouldn’t have known about the corn mix. If it wasn’t highlighted, so. But yeah, those highlights will be gone, um, those changes will be made on the final. Mr. Chair. OK, yes, Mitch. The one, the one decibel, I think that Mr. Patrick is referring to is the 45 decibels during nighttime.

00:35:22,970	Right. That’s on, online, uh, 3 on, on the minimum requirements. Yeah, that’s correct. should be reduced to 35. Oh, that one should be 35 as well. I see, yes. OK. Yeah, I see which one you’re talking about. Yeah.

00:35:43,000	And I think we’ll, let’s make note of that, uh, so we can include that in, in any motion, and in your packets where the letter I received from um state’s attorney regarding this ordinance, um, she made a few corrections, but um, She didn’t see a lot of problems with it, so. OK. Thank you for that, Marla.

00:36:05,200	Alright, uh, we will open the public hearing for Article 8 Special uses, Ag recreation. This is the 2nd hearing, so if anyone would like to speak, speak at this hearing, uh, please approach the lectern and tell us who you are, where you’re from, and sign in.

00:36:56,100	People I don’t think I did that in order that you told me, but. That’s just fine. Good evening, Chair Agnew and fellow commissioners and Comm Bittner, wherever you are. Um, my name is Melissa Miller. My husband Roger and I live on 110th Avenue Northeast. I am grateful for the changes that have been made since the first public hearing on this agricultural recreation ordinance.

00:37:18,900	Especially reducing the number of days of events from 75 to 50 and the number of sound decibels from 45 to 35. And I don’t know if this is too late, but one change I would ask this commission to consider is for the number of events to possibly be established on a monthly rather than an annual

00:37:35,070	basis. This is because most activities will probably occur during our two short season of warmer months, where multiple events held at one site over a concentrated period. Think weekends. is a likely scenario. And this could be every weekend all summer long, something neighbors might not appreciate.

00:37:56,900	While I understand the desire by the county to have a blueprint for the development of egg recreation sites. I agree with those who believe a special use permit should be requested for each site. It once size fits all approach. Cannot sufficiently address issues unique to each location. For example, are the roads adequate and safe for increased traffic to the site.

00:38:22,000	How will Nes be affected? By the proposed events at the site. Are there other possible impacts, environmental. Lingering clouds of dust that stirred up on gravel roads. Those are just to name a few that, you know, would be different in all the unique situations.

00:38:42,330	In my letter to you last month, I shared an incident that happened that helped reinforce our belief in the need for special use permits. We had a very serious 4 wheeler accident right in front of our property on 110th. With the arrival of a half dozen emergency and law enforcement vehicles, as well as a few others, the flow of traffic on 110th was completely shut down in both directions.

00:39:01,900	Also problematic was the lack of areas. To turn around due to the steep ditches. In our specific area, a special use permit would be absolutely essential. To address potential hazards arising from large numbers of people attending events at a site where there is only one way in and one way out.

00:39:23,270	Thank you for the opportunity to share my concerns. Are, are there any uh questions for Melissa? See, thank you. Thank you. All right, if any, if anyone else would like to speak at this public hearing on Article 8, Special uses egg recreation, uh, please approach lectern and tell us who you are, where you’re from, and sign in.

00:40:03,800	Good evening Commissioners. Chair Ignew. Jamie Feist, uh, from Baldwin. Uh, not much has changed since, uh, the last meeting, um. As far as, uh, section one, I think we can pretty much uh.

00:40:33,830	Sum up this, uh, This ordinance with the first paragraph under section 31, the agriculture, recreation may be permitted in an egg district as a special use. All persons entities or organizations wishing to establish the use of agriculture, recreation. Within Burley County must apply for and be granted a special use permit. I do agree with that. With the exception for the educational agriculture tours, um.

00:40:57,730	I understand people don’t like the permits and regulations, but that’s just part of, uh, That’s just part of the process if if we eliminate and not have a permitting process that takes, uh.

00:41:15,900	That kind of takes any of the power away from the county, if and when issues do arise because there is no permit to revoke it’s, it would be an approved use, um. I spoke with Morton County planning and zoning and just to see kind of what their regulations are. And all of these activities, you pick orchards, corn maize, everything like that. None of that is allowed on egg’s own land in Morton County. They all do require a special use permit.

00:41:36,130	So, Burley County could follow suit and not be any different than, uh, what Morton County planning and zoning, uh, currently offered. I, I asked. I asked what their What their mode of uh What, what process they go through if they’re zoning ordinance violations, um. I asked if they have, Per day fine, anything like that.

00:42:04,070	They said, no, they don’t do that. They said any of their any zoning violations in Morton County, um, gets forwarded to their state’s attorney and prosecuted that way as a misdemeanor. They said Morton County they can’t have a per day fine.

00:42:26,400	Um I myself am used to permits and regulation, the, the type of livestock I raise requires a permit. I have to get a permit every single year. I have to follow. The strictest regulations of any livestock industry there is in the state, um. Do I like to have to get a permit and follow regulations? No, it’s, it’s a lot of hassle, but it’s, it’s necessary, um.

00:42:44,570	And if I don’t follow the regulations and don’t get a permit, I’m just not allowed to, uh, To do what I want to do with, with my egg property.

00:43:02,600	I could raise cattle or I could raise horses and not need a permit, not need to follow certain regulations, but That’s not what I’m choosing to do with my property, so I have to follow the permitting and regulations in order to do what I want to do, um. I found something troubling, I guess recently. 11 of, one of the things about living in a small community is word travels around fast, um. I’ve been hearing some things lately.

00:43:24,070	Through town, through people in town that That there’s a certain neighboring property that they have been told, By a Comm. To disobey. Zoning ordinances, do whatever they want to do and just pay the daily fine, um, to me that’s kind of troubling to here, um, It’s, it’s kind of disheartening, um, So I guess my question would be,

00:43:53,370	Commissioners Zaroff, can you confirm or deny because that is kind of what’s going around that. She asked what her options were. OK. I said, you can not do it. You could go through the appropriate channels or you could go through and do. Exactly like you stated.

00:44:14,070	Do what you want to do. Don’t apply for it. Pay the fine. K. everybody’s got options. Yeah. What do you think as a Comm that that you should advise somebody to break a zoning ordinance and just pay a fine, wasn’t advised to. I outlined them, uh, I outlined for her what her options were.

00:44:34,030	OK. I didn’t say, yeah, you should go do that, absolutely. And nobody’s saying that’s, I just wanted. I put the calendar. I just wanted to clear the air and just give you the opportunity to either confirm or deny it. Yeah. So, this hearing is all about the, uh, the. So it’s.

00:44:49,530	And that’s stick to the ordinance if we could. Thank you. Yeah. So But that is all I have on that. So, I, uh, and, and just to kind of refresh as far as I was under the assumption, as a lot of you, that, that the only reason that we xed off uh corn and hay bale mazes was that was getting

00:45:09,730	crossed off. As an activity that didn’t require a permit. We weren’t banning it from Burley County. We were just saying that that wasn’t going to be an activity that was going to be allowed, uh, without a permit.

00:45:26,870	It would still be allowed if we applied for a special use permit and if it was granted for the area, so. I, I’m fully on board with that, so. If, if that eases any of the confusion when it comes to that, uh, The only reason that was Xed out was It just wasn’t on the Exemption list, so. I’ll stand for any questions. OK.

00:45:46,630	Any questions for Jamie? Seeing none. Thank you, Jamie. Thank you. If anyone else would like to speak at this public hearing on Article 8 Special uses, Ag Recreation, uh, please approach lectern, tell us who you are, where you’re from, and sign in.

00:46:13,770	If anyone else would like to speak at this public hearing, uh. Please approach. Good evening. I need a pen. Oh That’s all right. It’s, it’s coming back here. Yeah. Jamie. Yeah, yeah. I’m Karen Martinnison. I live northeast of Bismarck. And I’m happy to see the changes that were made last time. Um Along with tonight moving that corn and hay bale. Um Rides and so mazes.

00:46:48,000	Unto the special use permit. So one of my questions was, is there any teeth to the ordinance if this has passed. Um, it was interesting to me that Jamie said that the Morton’s pretty restrictive. That special use permits are required for everything. Of course, when we’re back to square one.

00:47:12,570	We took that route, um, but it would be nice to have someone enforcement somehow, um, I, I don’t know what it could be, but I’d like to see something. Along that lines either generally in the in the um. articles or Or with the ordinance.

00:47:32,970	I, I still last time I said that I would like to see less than um the 75 days, then it was changed to 50. I still feel like 40 might be more reasonable, 42, that’s, um. Let’s see, 8 weeks? Is it 8 weeks for 50 days.

00:47:54,200	That’s a long time, especially if it’s every day for 8 weeks on a gravel road like we live on. And if it’s 50 people there, there’s certainly instances where people are going to carpool, but if it’s a situation where people are coming alone in their vehicles, that’s 50 vehicles one way, 50 vehicles back.

00:48:17,730	Possibly for 8 weeks solid, so, uh, either I would like to see or like the other lady mentioned, make it a monthly limit versus a day limit, so that it’s not day after day after day or every weekend. And I think that’s all I have. Any questions? OK, any questions for Karen? Yeah, Comm Scheeifel. Karen, if you were to recommend a monthly limit.

00:48:42,730	I, I was wishing I’d asked Melissa the same question. Would you have a recommendation? We originally started this whole thing. Was it 4 a month? It was 2 times a month. started meeting in our focus group.

00:49:06,130	Well, considering our place, I, I guess I wouldn’t want it every weekend either that many cars Saturday and Sunday every weekend or Friday, Saturday, Sunday. Um, Maybe 44 or 5 days a month. Max OK Uh, any other questions for Karen? Seeing no. Thank you, Karen. Thank you. All right, if anyone else would like to speak at this public hearing on Article E special special uses, Ag recreation, uh, please approach Electern.

00:49:40,070	Tell us who you are, where you’re from, and sign in. If anyone else would like to speak at this public hearing, uh, please approach the lectern. And the 3rd and final call for anyone to speak at this, uh, public hearing on Article 8 special uses Ag recreation. Of the Pentagon again. That must be a really good pen.

00:50:25,830	They put a rope on it. OK Yes High degrees, um, Baldwin, I wasn’t planning on. Um, saying anything, but I guess I still feel like an entire classroom is getting Punished per se for a couple of Behaviors of Inappropriate behaviors from a couple of people, and I completely empathize with someone who

00:50:55,130	lives. Where there’s housing on a very narrow road. And even if you have the 40 acre plots, but they’re narrow, you know, and that’s that situation. And I completely empathize with that. I would never want to be living in that situation, but this to me burdens.

00:51:18,070	A lot of people, a lot of egg zoned land, it places a burden on those people who are never going to have this issue because they don’t have other people living so close to them where the dust would become a problem, but it’s this would require those people who live on 40, 80, 100, 120 acres to come and do a permit for something that

00:51:39,070	nobody would probably even know they were there. Uh, doing anything, it wouldn’t bother. Is there any way to write this so that the people in the residential That are getting bothered by this. They would be protected, for example, maybe the ordinance could say if If you have neighbors within, I really don’t know.

00:51:59,970	I’m just kind of throwing this out there. If you had neighbors within such and such a land. Space close to you, you need to get their permission right. Um Their agreement that this would be OK with them, bring that in for your special use permit.

00:52:19,670	But if you don’t have those issues, um, Then you wouldn’t have to. I don’t know if that’s an option, just a suggestion. I realize that’s completely different from everything on here, but it just feels heavily burdened to those. That there’s so many in Burle County. That this wouldn’t be a problem for them to do some some of the agg recreation items.

00:52:42,070	Heidi, correct? Yes. Yes. Uh, yeah, any, any questions for Heidi? And I do have a question. How much are the special use permits? Special use permit is 300 or 350, 300, 300.

00:53:08,600	And I, I haven’t looked into it in in detail, but if one year you wanted to do, let’s see, what are some allowed things on here, uh, Tractor and farm equipment rides. And then 6 months later, you want to add.

00:53:26,970	You pick, so each time you got to come and you have to spend the $300 and go through the Marlo, if you could elaborate on that, I don’t think that’s exactly quite how entrepreneur, if you’re wanting to add more things. Yeah. Um, you can get a special use permit that is dates specifics so you can say from June 1st to June 6th, I’m going to be doing strawberry Ui, or you can say on the same special use that in August, from August 7th to 14th, I’m going to be doing.

00:53:55,070	Uh, farm equipment rides or another thing. So you wouldn’t have to get a special use permit per event. Right. If you know ahead of time. Right. That’s what I’m saying, though, if you want to make changes. If you had an event. Um. We can bring it to the commission and ask them to add it on to the special use.

00:54:11,630	Oh, without doing a new fee instead of going through another 10, I see. Oh, I didn’t know that. OK. No. OK. Thank you for the clarification, Marla. Chair.

00:54:33,000	Uh, yes, Comm Zer Marla, so my understanding of that though is say they do the UI and they’ve got the tractor and Hay bales hooked up back behind the bar and someone says, hey, you should start charging rides for that, they can’t pick up the next day and just start doing that because it wasn’t on the original permit. Yeah. OK. Any other questions for Heidi? Seeing none. Thank you, Heidi. I’ll need the pen.

00:54:54,970	If anyone else would like to speak at this public hearing on Article 8 Special uses Ag Recreation, please approach the lectern, sign in. Tell us where you’re from And who you are Not necessarily in that order. Anyone else would like to speak? approach. And the 3rd and final call for anyone to speak at this public hearing.

00:55:24,800	OK, seeing, uh, no one, is there any reason that we would need to continue this public hearing. from the Commission. OK. Uh, you’re not, so, uh, we will close the public hearing and move into discussion and action on the, on Article 8 special uses Ag recreation. Uh, yes, Comm Rich. I need a little clarification.

00:55:44,570	Maybe Marla or Mitch can answer it. Um, when I look at the first page, section 31, it says, must apply for and be granted a special use permit. Then we go down to where it says number one allowable uses on 10 acres or more.

00:56:01,770	Is it These listed items do not need a special use permit. Marla That’s one of the areas of confusion that we’re having, um, we need to specify. On there, um.

00:56:28,870	You know, uh, the allowable uses are telling us things that we can do, and I know the committee was thinking that those would be allowed without a special use, but the sentence does say that especially use is required. So, if we’re going to do that, we can Just leave it the way it is. Um-hum. So every as I guess just to clarify everything in this ordinance that listed requires a special use. Yes. Yes. Everything, right. Correct.

00:56:48,700	But I was under the impression these smaller items would be allowable without a special use permit, which would be a little more lenient on folks out there. Mr. Chair, Mitch, go ahead. The decision has not been reached by this board yet. You could, you could allow these uses.

00:57:05,830	You should, you could set them for 35 people, uh, at, at a time, 35 days a year. With no, uh, with no special use or you can change it back to all these are required even for 35 people, especially you would be needed. It’s still up to this board to determine that. Yes, Comm Chair.

00:57:27,070	Oh, yeah, I’ll get, I’ll get to you, uh, uh, mission or go ahead, Comm Bittner, yes. No, I’ll you’ll go for it. All right, Comm Sreffel. Oh, I just wanted to touch on a couple of things, um.

00:57:49,470	We’re not trying to say that everyone who has people who come out and pet their Animals or have a little animal showing or a tractor ride or any of that that they have to go get a special use permit. This is if you’re going to commercialize your property. And you’re gonna use your ag-related activities to make an income, then you, and you’re gonna be doing it multiple times a year, or it’s gonna affect, uh, the private property owners that surround you.

00:58:08,130	So I, I just think we have a problem with enforcing the zoning ordinances that we already have. We got a, a couple of big issues right now. So to write an ordinance that allows every property owner of 10 or more acres to host events of 50 people up to 50 times a year without contacting their neighbors, without notice to

00:58:25,670	law enforcement, without any notice to planning and zoning as to the intent or the purpose seems to me to be opening, uh, Pandora’s box, and it will be left to a staff of 3 people to field complaints and try to uphold the duties of planning and zoning, running around checking on events and

00:58:42,400	properties, trying to put a lid back on this box once it’s opened. Um, Other than educational farm tours, I, I, I would suggest going back to listing Agree recreation. As a use, this just simplifies everything and we’re not trying to put a square peg in a round hole.

00:59:04,300	If we go back to listing Ag recreation or ag tourism under Article 8, and I don’t know why we’re using section 31 because I shouldn’t it be section 28? Cause we got, we got up to 27 under Article 8, and then I don’t see any others. So yeah, go ahead, Marla.

00:59:26,570	We had, um, The article section 28 is the Oh, they’re, they’re just not, they’re. OK. Yeah. They’re just not in the ordinance yet, only has the, um, Uh, Amendments. That makes sense from last year, so.

00:59:49,600	So, if we went back and we added egg recreation to Article 8, number 31, and we listed Ag recreation may be permitted in an agricultural district as a special use, all persons, entities or organizations wishing to establish use of agricultural recreation within Burley County must apply for and be granted a special use permit and put an exception for educationalagg tours and keep it that simple, sometimes less is more.

01:00:10,800	And it’s, we’re not trying to make everybody fit under this, we’re just saying, come in. Present your idea to planning and zoning staff. Um, you only have to present it 21 days in advance of a public hearing. And then there’s a public hearing in front of planning and zoning, and then it goes straight to county commission. So.

01:00:28,630	Maybe, maybe an option is, is to lower the cost of these special use permits. And make it more feasible for people to come in and get, you can specify if you want a one year permit or a 3-year permit or the landfill had a 50 year permit.

01:00:45,670	But that’s just a thought I just kind of wanted to see what Comm other commissioners thought of that. OK, uh, Comm, uh, I’m gonna go to Comm Bittner. OK, thanks. Um. That, that’s pretty much what I was gonna say, um, I, I think we’re making it a little more complex than it needs to be.

01:01:03,730	Really, because By listing these uses and these specific numbers. I think a one size fits all is just flat out unnecessary. And I can tell you when it comes before the county commission will say the same thing. So, I, I think that requiring a special use permit.

01:01:22,930	Covers the base and it becomes an issue where the public can come before this board as well as the county commission and discuss the merits of uh of a special use permit. And then Granted, if people are OK with it and then not.

01:01:44,430	So I think that Having a specific number of people per day and the amount of vehicles in my case, on my land that I’ve lived on for 38 years. We had a terrible problem with dust. My wife is a respiratory therapist and my son has asthma, and this was a huge problem to us and there was none of these kind of events. That was just normal traffic.

01:02:06,470	So Every situation is different. And I think by listing all of these things and then talking a specific number of people. We’re kind of missing the boat on what might impact All the residents in an area, depending on what the activity is. Thank you. OK, uh, Comm Patrick. you had something. No, I kind of agree with um.

01:02:30,270	Comm Streffel and Comm Bittner, I think that we’ve been a little far. Uh, for instance, um, I think that that has to be a case by case basis, for instance, I talked to Dan Cashman today, and we were talking 50 days um. 50 people and For instance, uh, strawberry you pick.

01:02:51,670	If you had ever burning strawberries. Um, it You wouldn’t get very many strawberries most of the year, but if you had Juneberry strawberries, they have only about 4 weeks, maybe 5 weeks at the most.

01:03:11,370	So 50 days is a bit much, but I think there yet is if we just had no days list and it was at the discretion of this board and After we had looked at it and moved it on to the county Comm and the county Comm will make a decision whether or not the activity was appropriate and the number of people attending and the number of days was appropriate. I think that would be the best way to handle it. OK.

01:03:28,470	Any other Comments on this. I, I guess I just go back to, uh, kind of what we heard in the, in the, uh, uh, public hearing. It sounded like we had a, um, you know, the, the, the question around the special use permit for all everything listed in here.

01:03:47,400	Uh, there was some, some questions on that, um, a number of events per month instead of a number of events per year. Uh, there was also, uh, a thought of potentially having this only apply if your, if, Your, uh, neighbors were exlo or kind of conditionally depending on where you lived, and then, and then also we got to remember that the uh the corn maize and

01:04:09,200	bale maize that. needs to go into line or into section number 2. But if If we’re going to keep it the way it is, so just wanted to, to, uh, bring those up, uh, Comm Patrick, yes.

01:04:26,670	I just wanted to, yeah, I think that some of the the minimum requirements could be a, a guiding document that be handed out to those people who were looking for that special use permit.

01:04:42,130	So you could say to them, look, um, you’re gonna have to have lighting, uh, meeting the requirements, uh, that we have here, uh, and you, you might have to have uh a sound level. and so forth. I think you can do that with a, a guidance document that would be handed out to those people as they apply. Yeah, Comm Rich. Well, let me see if I can get it straight.

01:05:02,930	So, the suggestions from three of the commissioners are that we just started section one and end it right after the definition of agricultural recreation and allow anybody that wants to do this sort of thing come before this. Commission I I think it was with additional, I, I guess, Comm Sreifel could use Mr.

01:05:21,630	Chair with the exceptions, right? Yeah, uh yeah, Comm Bitner. Yeah, it’s sort of on the, the line of what I was thinking. Um, I, I like the idea that, that we can provide guidance for, like for example, the outdoor lighting, the sound, the everything else. My heartburn is, is the amount of people and the listing under 10 acres and 40 acres.

01:05:47,270	So I think leaving in the minimum requirements and the additional requirements is probably appropriate. But I just don’t think we need to be listing all these things cause You know we’re not gonna hit it, right? And, and I think that The number of people attending these things is gonna be so variable depending on the

01:06:07,000	activity and the location. The I, I just don’t think that That, that we can wrap our arms around every possibility. Like.

01:06:24,300	Uh, and, and I will bring up, I know I’ve brought this up in the past, is that there is always if if there is something in here that doesn’t fit what you want to do, there is always the planned use development.

01:06:44,500	Route, the PUD route, uh, you can, um, you can, I guess it would be a rezone of your property to a PUD and, and that would you spell out what you want to do, and, uh, and that is also an avenue that people can go. Any other, uh, yeah, Comm Streel. I don’t know if this is possible, but I’d like to make a motion to add this as Section 31. And just spell out agricultural recreation and leave in what Comm Bittner suggested and rewrite it that way.

01:07:08,430	So that would say that it’d be section 31, agricultural recreation, the first, the paragraph after that adding in with the exceptional agricultural tours. And then, and then keeping the minimum requirements and additional requirements for special use permits, but taking out everything else. Um-hum.

01:07:32,670	OK, and that was, and that was the motion, OK, so it the motion was made by Comm Streifel, seconded by Comm Patrick, uh, discussion, go ahead, Comm Bittner. Yeah, thank you. That, that’s what I was after. I think that um I think having an ordinance in place is vital, and I think everything should become all those applications should come before it at a minimum, this board and possibly the county commission.

01:07:55,430	And If, if we’re only striking out, which, what would be on my sheet on the bottom of the page where it says one allowable use on 10 acres, and on the next page in 2 where it says allowed with special use permit on 440 acres or more.

01:08:13,470	Those would be the only things we’re removing, correct? Uh, yes, so the, uh, basically number number one or line section number 1, section 2, and then from definition, basically the definitions section would that would stay in? Yeah, right. Or, yeah, the, the, I would like to maintain the minimum requirements and the additional requirements. OK.

01:08:38,600	Do we need that’s kind of the road map. Yeah, do we need to then do we need to actually keep the definitions portion in? Yes, I, I think so. OK. So keeping that. two sections. So it would just consistent with the motion, correct? Correct.

01:08:59,430	So it would just take, um, section 1 and Section 2 out, and that is it. Yeah, that’s section section one with A B C D F A B C D E F G and then section 2 A B C D E F. Not the other numbered. Sentences. I just wanted clarification as well. I guess I shouldn’t say section 1 or 2 because that, that would be incorrect section.

01:09:20,200	I, I. Not sure how to word that it would be number one, number one under section 1 and number 2 under section 1. There you go. Just one more, more, just one more. Go ahead, Mr.

01:09:38,100	Is there somewhere in here we can lower the fee? To $100 instead of $300. Is that somewhere in the entry code or? Where does that come from? Mr. Chair. Yeah, go ahead, Mitch. Yeah, that’s, that’s said by ordinance. Oh, OK. That all special use permits cost the same amount can reduce, reduce the.

01:09:57,600	The fees on that, I think that would be a, a county commission, um. Decision OK. Uh, Comm Zeroff Chair Zeroff. Oh yeah, Comm Bittner, go ahead. Yeah, thank you, Mr. Chair. Um It’s reasonable to, to think that some things may not need As an extensive uh cost for a permit.

01:10:21,330	And I do think that we can look at, and we can certainly look at some sort of a scale, um, really, you know, Uh, permit fees and things like that is based on the cost of staff time, notifications, the amount of work that goes into the whole thing. So there again, it’s not one size fits all. But I think we can be uh flexible.

01:10:44,200	Comm Zuroff financial decision happens at the county commissions. Alright. Commissioners’s the thing I was gonna say is, again, going back on B’s of Pandora’s box, be careful what you wish for because when you start opening up uh the ability to look at fees, they might go down, they might go up because that

01:11:01,130	provides staff the opportunity to say, well, boy. Filing a costs this much. our website administrator costs this to throw it on the website, the, you know, there’s this fee, this fee, this fee, oh, well, it doesn’t cost us $300 it actually costs us $550.

01:11:20,970	So, um, could it go down to 25 arbitrarily? Sure, but at the end of the day, the county isn’t. And I want to say the. position to be providing, I’m gonna say subsidized advertising and and fee services either, so they at least have to be breaking even, so. Yeah. Any other discussion on the motion? Uh yeah, Comm Connelly.

01:11:43,400	I just wanted to add one thing when it comes to, say, a Comm talking to people one way or another. It’s actually written within the original national constitution to that if you don’t agree with the law being presented, you can challenge it, but those consequences do ensue.

01:12:02,000	So that’s the ebb and flow of being part of the Republic process, and that’s all I mean we. We work within those lines, and that’s why these boards are created too is because it’s those interactions that that the processes that hopefully get us to those better answers. So Any other discussion on the motion? Yes, sir.

01:12:23,430	No, we’re we’re going to get through this and I’ll right, Marla, um. Cclarification on the motion, I assume. Well, I do. I know which ones we’re taking out. We’re taking out section 1 and Section 2, but if we’re leaving in minimum requirements and additional requirements for special use. Um, they’re pretty much the same.

01:12:47,400	So what I would like to do is maybe get the emotion adjusted so we can have, um, Requirements for special use permit and then put these two together because it, it will be nothing for me to go through and, and combine them. So you’re talking about taking the redundant lines out.

01:13:06,700	But that has to be part of your motion. OK. Comm Streiel, are you OK with that? And Comm Patrick is OK with that, yes, so please, uh OK. Please do. Any other discussion on the motion? And we have the proper amount of clarity.

01:13:37,270	Yes, and are we going to bring this back to this committee or can we send it on to the county commission, I believe coming out of this, of this second public hearing, um. I, I believe the, the thought is to send this on to the County Commission.

01:13:54,830	Is that correct? Unless there’s any Need of anyone on the commission that thinks that we need to bring it back here. Mr. Chair, yes, go ahead, Comm Bitner. I think we all understand real clearly what we’re doing on this. And, and I would offer to when she makes the changes, she can run it past me.

01:14:11,900	I understand the conversation and we’ll You know, just take a look at it before it goes to the county commission. I think that’ll be fine. fantastic. OK. Any further discussion on the motion? Seeing none, Marlo, if you could take us through the roll call vote. OK.

01:14:34,830	The motion is to remove section 1 and 2 and remove the redundancies in the requirements. And then submit it to the County Commission. Uh, yes, vote means you’re in favor of it. Um, Comm Patrick. Yes. Comm Rich. Yes. Comm Streifel. Yes. Commissioners are off. No. Comm Bittner. Yes. Comm Connelly. Yes. Comm Jarrett. Yes. And Chair. Yes. OK.

01:15:15,300	It has been approved to uh Make the adjustments to this ordinance and send it to the county commission with a recommendation, recommendation for approval for Article 8 special uses egg recreation. Is there any other business other than adjournments. I, yeah, yes, Comm Connelly.

01:15:42,130	Um, both the full as I understand it, Comm Bittner, uh, correct me if I’m wrong, but, um, listening to both meetings, uh, the full county commission and the full city commission are going to meet August 5th, 4 o’clock, and Mhm The public is welcome, but we’re going to have a, um, It’s educational first, but then, uh, going into, um, is there a better way to address the extraterritorial area, the 4 mile um it’s rough, a rough, uh,

01:16:06,000	2 mile, 4 mile boundary around the city limits of Bismarck. Um, and I just think it would be something good for anybody and everybody to attend. OK. And, uh, yes, Comm Zeroff. Yeah. So, uh, Mr.

01:16:31,670	Feist decided to bring it up, uh, figured I’m going to just throw out exactly from my viewpoint, what had happened regarding all of this. I want to make it extremely clear, go on the record and say I have not. Ever, nor will I ever advise any citizen to willingly, knowingly, intentionally break any law ordinance, anything else that’s on the books.

01:16:54,600	What happened was last summer after last summer, early fall, after the first. Iteration of this got struck down. She grabbed me after the meeting and said, What do I do now? And I said, there’s always 3 options in life, Mary. There’s always 3 options. You can either abide by the laws, it sits.

01:17:12,730	You can either or you can go apply for a special use permit and see what happens there or you can just do whatever you want, but whenever we do whatever we want, we, everybody has to understand, you have to be willing to pay for the ramifications of your actions. OK. Literally had this exact same conversation tonight.

01:17:35,130	With Another Comm in here present, and it is, yeah, can you go put in an approach and wherever you want, whenever you want on your property, 100%. Absolutely, you can. Now No permit. The county has full right to come in and tear that thing out because it’s within their right of way. You’re paying for the ramifications of your actions. Can you actually physically do it? Yeah, you can.

01:17:54,500	And that’s, and that was along the lines of what I was explaining to Mary. You can do it and you’re gonna be paying a daily fee or a daily fine if you do it. But It is what it is, and Again, never advising her if that’s how she took it.

01:18:14,170	I apologize, but that was never the intent. It is when she says, what do I do? What are my options? Well, here’s your options. I’m sorry, that’s on her and that’s on her as a grown adult, making her own decisions Comm now because I’m the only her here.

01:18:35,730	No, no, no, no, no, no, no, I’m talking about, I’m talking about Miss Pole and, uh, whole thing. So, no, that’s, yes, and, and, and, and the unfortunate thing with this, and Mr. Feis didn’t mention it in his statement.

01:18:53,200	The rumor mill around town, and we all know how the rumor mill goes with the game of telephone and how things get twisted and changed and. So no, I absolutely did not advise them to blatantly just go violate laws and ordinances.

01:19:15,470	All right, well, I would, uh, uh, like to thank all the commissioners, uh, anyone who spoke at these, uh, who spoke at these public hearings, um, great, uh, this, this, uh, um, egg recreation piece has been, it’s been a long time coming.

01:19:27,400	There’s been a lot of, uh, I think this one has had the most public input, I think I’ve, I’ve, I think ever seen, uh, the, the amount of meetings and things like that that came that that came up to what we’re what we’re finally getting is um.

01:19:40,100	A lot of, a lot of, uh, public input, so I just, I just want to say I appreciate that, appreciate everyone’s input and all the candor in this, and I’m glad that we got to a point where, where we can get this to the commission for them to consider. So thank you very much. Thank you for your leadership, Mr. uh, can I, uh, entertain a motion to Adjourn. Oh, OK, so it has been moved and seconded to Adjourn any opposition to adjournment, hearing none, we