00:00:09,470	Mr. Schwab Shall we stand and uh we’ll pray and then we’ll, uh, say the pledge. Father God, we just uh come before you tonight and, uh, we’re grateful for, uh, how you, uh, just take care of us and you give us the knowledge that we need to have,

00:00:33,800	and I pray that we’re guided by that. I pray that you’ll be with all these, uh, commissioners tonight as they, uh, um, lead, uh, our county and, uh, God, I just pray that, uh, you’ll be out, uh, with our uh first responders that, uh, keep us safe, uh, in so many different ways, uh, this county

00:00:54,470	is so grateful for, uh, uh, those that are out there and, uh, doing the jobs and, uh, we just are, are grateful for that.

00:01:08,530	Um, be it the rest of us as we, uh, uh, converse as we listen, uh, may everything be civil, and we do this all in Your Son’s name Jesus. Amen. I pledge allegiance to the flag of the United States of America stands for one nation under God, in the Thank you Good. OK Uh. some tiss 88 for responsible. I’ll tell you what, I had some things a few months ago. I OK.

00:01:59,470	I’m so glad it was OK, I’ll call the September 3, 2025 meeting of the Burleigh County Commission to order. The first thing is roll call of members ish er Bakken, here. Comm Schwab, Yo, Comm Woodcock. He. Comm Munsen. Here. Chair Bittner. Here.

00:02:25,900	Uh, next is approval of the agenda, um I want to add one item under, uh, after the, uh, North Dakota Association of Counties, appointing a delegate. The auditor will provide information on that. Anybody else have any additions or subtractions? Seeing none that entertain a motion to approve. Move to approve? Second, motion second to approve the agenda. Any further discussion? Call the rule Comm Schwab. Yes. Comm Woodcoxox. Yes. Comm Munsen. Yes. Comm Bakken. Yes, Chair Bitner. Yes, Otion carries.

00:02:53,900	consideration of August 18th, 2025 meeting minutes and bills. Uh, Mr. Chair, I had a chance to approve all of the bills, uh, this afternoon, and I would move to approve the uh minutes and bills. Se motion 2nd to approve the minutes and bills. Any further discussion? Call the rule. Comm Woodcoox.

00:03:14,800	Yes, Comm Munsen, Comm Bakken. Yes, Comm Schwab, Chair Bittner, yes, motion carries. At this point we’ll entertain public comment. Um, it’s restricted to Burleigh County residents and landowners, and um, it’s for items that are not going to be discussed during regular agenda items. Anybody have any public comment, please approach the podium and state your name for the record.

00:03:43,070	OK, seeing no no, close the public comment. He And, um, we’ll discuss some grand jury indictments information. I take it to the state’s attorney lawyer has yeah. Thank you, Chair, Commissioners, um, I had that added under the public comment because last meeting during the public comments, um, there was an individual who came up, um, indicating she was

00:04:08,170	putting you on notice that um the county was violating the US Constitution by not doing criminal cases through a grand jury indictment, but by processing those through the complaint and information process that’s allowed by state law.

00:04:26,370	So I did um include or have um the undocuments sent to the auditor to include in your packet. There’s an 18 84 US Supreme Court case, Hurtado versus California, where the United States Supreme Court took up that very issue as to whether the Fifth Amendments, um, guarantee of a grand jury indictment applies to the states through the 14th

00:04:41,900	Amendment, and it does not. And so the state of California in 1884, it had issued an indictment on a murder case that not an indictment, sorry, but they had charged it through information, not through a grand jury indictment in the Supreme Court said that that was OK because they were

00:04:57,870	following their state law I also included the North Dakota Constitution, which was North Dakota became a state in 1889. So after that law or after that case was decided by the US Supreme Court and in the North Dakota Constitution, it does say that um charges should be brought by a grand jury, but

00:05:14,370	then it also goes on to say that the legislature can abolish the grand jury system, which in North Dakota they have. So we are complying with the law. We are charging people appropriately under the law, and we’re following the law.

00:05:28,870	So I just wanted to bring that up during the public comment since that was brought up last meeting. Comm Schwab. Uh, Julie, I want to thank you. I read that three times, and it said, it’s either lawmakers or lawyers that wrote that.

00:05:46,100	What the hell are you saying? It’s? It’s an? It’s 1884 opinion back when attorneys wanted to make sure that people knew you had to go to school to be an attorney, I think, because, yeah, it’s very hard to read. Thank you for the clarification. OK, thank you. She’ll appreciate that constitution go mad like since then. no longer applies Hey, number 6, the consent agenda.

00:06:06,870	Commissioners, um, you had abatements, menda amended license request. second access permit and check replacement. Comm Bakley. There’s one item I’d like to, to just pull for a little bit of discussion. And that’s the addition on the, uh, Crossroads Tavern. That’s the amended licenses. Yeah. I was going to pull the same. OK, thank you.

00:06:26,470	Well good With, uh, that, uh, the rest of the consent agenda had moved to approve. Second, motion is second to approve the consent agenda minus item 6B. Any further discussion, Caru. Mr. Munsen, Comm Bakken. Yes. Comm Schwab, Yes, Comm Woodcoxck. Yeah, Sharon Bitner. Yes, Motion carriers. OK, 6B amended license request.

00:06:55,800	So and I don’t believe the sheriff’s here this evening. He’s here, he’s here. Kelly, could you come up, please? I, I got a couple questions here with uh um the layout for their outdoor area.

00:07:19,000	Do we have any concerns with that from the security perspective and making sure minors aren’t getting in there or in from a from a policing perspective, what that area is going to present So, Mr. Chair, Commissioners, and I had spoke with Chair Woodoxox today. Um, and I believe I’m not sure if somebody from Crossroads, OK, they are here.

00:07:46,530	Um, we did speak with them prior to this event or this meeting um, so, to give you a little background, uh, we became aware of this addition on the Crossroads. Um, at that time, uh, we had had conversations with the owners and basically had said we felt this required either a special event permit or a modification to the license, uh, because it’s a change of what the

00:08:09,530	license was approved. Um, there was some miscommunication at the auditor’s office, um ultimately where they were told something different. We had corrected that, um, and then ultimately they did have to cancel an event, I believe, and put in this change. to their license.

00:08:31,870	Uh, so initially when we saw the uh addition and we, we were briefed on how it would look. The at that point, uh, we’re told the only entrance and exit was through the main building and so this is kind of a, I, I don’t want to say a gray area, but, you know, when,

00:08:51,170	when we look at it from our perspective on approving a liquor license, not approving it, but giving our blessing to it. You know, we’re looking at really the parameters of do they meet the requirements to have a license and on both legally and morally.

00:09:11,870	And so when you get into, you know, fire codes and all of that, you know, that’s really not our expertise and so I know there is a requirement at the state level with their liquor license for that.

00:09:32,730	Our concern, you know, and initially looking at it and going to what you’re asking Comm Bakken was not so much um, the access control is our con question was how do you get people out of there, um, in the event of an emergency, if you have to go back through the building. Well, it’s my understanding there is a gate on the north side of that that can be opened.

00:09:52,470	So from the venue perspective, um, at this point, you know, it’s, uh, it’s kind of an awkward position to come before you when we haven’t had a problem yet. And, you know, but I, I think they’ve done a good job putting this together from our perspective as law enforcement. Um, I guess the only concern I have at this point why I asked it to come off the consent agenda.

00:10:13,870	was the question of noise control. And I think this board is going to have to hear from the owners on how they plan to mitigate the noise because, uh, when you have a band inside, it’s one thing, but when you have a band in an outside venue and then we have those residential, uh, places in close proximity.

00:10:35,230	That’s my concern is what’s going to happen on a Friday or a Saturday night when there’s a band and we start getting complaints from the citizens living there.

00:10:52,800	sheriff and, and, I know what caught my eye originally was the configuration of what the wall structures are with this, with the, the containers being used for containment in this case, um do you recall, cause previous businesses that were there also had outsourt outdoor venues, but and I attended several of them. They weren’t fenced in. They were just concerts out back. Um you’ve got a long standing with the biz or Burleigh County Sheriff’s Department.

00:11:22,800	Do you recall any issues back then under previous ownership. With that configuration, because the other thing I’m seeing here is with there’s a potential for echo and increasing the noise with, with the hardscapes that are here now.

00:11:45,630	So were there any concerns or did you come across any issues in your lung and illustrious career career. The plus side is you have a lot of institutional knowledge. The downside is you forget a lot too over the years. Um, you know, I, I, I don’t remember.

00:12:05,600	The only thing I remember back when it, uh, was, uh I can’t even remember what it was called before Crossroads, um Creek Burn Creek Club. Thank you. Um, I think those weren’t, they weren’t permanent type events outside. No, they weren’t. They had, they were one-off permits. Yes, exactly. And, you know, and at the same time, I don’t think we had the population base in close proximity that we do now.

00:12:24,630	And, you know, one of the things I can say in my years with the department is the, the expectation of people moving to the country has changed, and, you know, and I think in some ways there is less tolerance for disturbances out there than there was years ago. Um, we see that with fireworks every year.

00:12:45,170	You see it with fireworks. You see it with roads, you see it with everything before this board. And so I, I do think it’s going to, I would hope the owners have a plan, um, and I’m sure we’ll hear from them, you know, as far as the sound

00:13:01,000	control and with the, the type of structure they built, and when you look at it and look at what they put down on their permit. I think it’s, it was well thought out. It was well done. They built up the parking lot in that area.

00:13:16,470	So, I mean, I think there’s a lot of thought to it and, you know, like before when we had the issue with the previous owners you know, and I always say you don’t want to come before this board and quash business. I don’t think.

00:13:35,070	Well, that was the other piece of this too, because with the events that potentially could be held here. Now we’re looking at something on a different scale when it comes to security concerns because the noise abatement was one that was another one, and then the ingress and egress in case of an emergency was my other concern. Those were my three concerns with this.

00:13:56,100	So, um, have you spoke with the owners as far as for event security and do they have a plan in place for that as well? Well, we haven’t spoke with him directly on that commissioner’s um, you know, and again, that is something when we look at this, I, I think it’s a great opportunity for their business,

00:14:13,100	and um, you know, I got to say from a personal perspective when I drove by it the other day. I thought, you know what, that has the potential to be a good thing for their business, um, because there’s really no venue like that around here. And, you know, it kind of.

00:14:30,630	It’s a little reminiscent to Sturgis to, and some of the things they do on a smaller scale, which I, I think is great for the community and, and I think this discussion is very important tonight, um, to just kind of get these questions out on the table.

00:14:48,800	cause like I said, it’s kind of hard to come before this board before we have a problem and say, OK, I think we got to hold them to task. but I think we got at least, or not we, you should have some assurances on how they plan to mitigate some of these of our initial concerns going in and, and that’s why I say, you know,

00:15:05,630	from time to time, I feel like rightfully so, liquor licenses get rubber stamped, but we don’t know what we don’t know with this venue. And, and I think it could be a very good thing for them. I think it could be a good thing for the community.

00:15:25,270	as long as we can mitigate the problems as they pop up. Well, and that’s more my concern too is, is not trying to address the problems on the front side, just having at least a plan in place so that as things arise, because I think that was part of the problem with the previous ownership. Yes.

00:15:41,900	As problems arise, we can get ahead of them so they don’t turn into bigger problems. Exactly, and, and I think, you know, that was my point with when we reached out to the owners and said we’d like to make sure they’re at this meeting so this discussion can take place.

00:16:00,100	So, with their, uh, with this permit, we could, we could put an, um, a line item in there that says in the event of this happens, this permit is no longer valid. Yeah. Mr. Chair, I think that’d be a state’s attorney question. Yeah. I think we went through this before where you can, uh, and correct me if I’m wrong, Julie, I think we, it can only be approved or, um. Unapproved.

00:16:19,700	put conditions on this. Um, are you talking about the issuance of the liquor license in general, or are you talking about a special permit? No, a special use permits.

00:16:36,330	So the special use permits are governed by the zoning ordinances and so if they allow you to put it just depends on what they apply under and what the zoning Ors allows frequency or any of that, or it depends.

00:16:56,900	Be because I could, I could potentially see some issues arising with some of the residents around there that might, you know, if it’s every weekend that might be a little overdone if it’s not, because I used to live up the expressway from uh, a business over in, uh, in Mandan and that was a funnel, right, right down the road. Got to listen to every concert on my deck at night on the weekends.

00:17:14,270	Uh, whether I wanted to or not. Um, so, frequency is a concern, so is, is there any limitations in special use and, and we do want to hear from the, the business owner because I’d kind of like to hear a little bit of that plan.

00:17:31,630	So as far as special use permits, are the what are our constraints? I’d have to review the zoning ordinances. I don’t know those off the top of my head, Mr. Chair, Comm, I guess before you excuse me. I guess we don’t there’s is separate from a special use permit. Yes, yes, this is, yeah.

00:17:50,370	I guess that’s what I want for Mitch is a special use permit required for doing this. Or is this only a liquor license question, Mr. Chair, Commissioners, I believe this would be liquor license question because really they haven’t, uh, they can create outside seating area, and, you know, and that’s when they first had this plan to put that in place, you know, that’s why

00:18:11,370	we advised him if this is a one and done event, you know, then a special event permit is probably the right way to go, but it’s a modification to their building footprints.

00:18:32,470	So then I think it’s a liquor license question which then become, I would guess, and again the defer to Julie, this becomes more difficult to regulate. Um-hum. On an ongoing basis, and I think the, my understanding of what we went through in the past is we would have to try and mitigate it after the fact and then if we can’t reach a resolution, come back before this board.

00:18:52,630	I don’t know if we can put restrictions on the liquor license other than to approve it. That’s correct. And it depends on whether or not, like you said, it’s a special event that they’re going to do once in a while or if they’re gonna change the area of operation because um the sheriff and I had discussed this before, if

00:19:06,270	they’re going to make that outdoor area like a permanent permanent part of their facility and then have an outdoor seating area and an outdoor service area, then that would have to be part of the liquor license application as well because they’re expanding what, uh, where they’re serving

00:19:22,800	indoor and outdoor. And so, um, so we had discussed it that way too so like I said, it depends on what they’re asking for and how they’re asking for it. And I believe that’s what you have before you is the liquor.

00:19:39,370	Liquor license, and I, I believe, and they’ll be able to tell us they’ve gone to the state, to the attorney General, so they’ve done everything now that they’re required to do to, what I would say is modify their liquor license. OK, thanks. Mr. Chair.

00:19:59,600	My question would be more for the owners, planning and zoning approval, EMS approval, fire have all of those entities looked at this and had an opportunity to review. I mean, if, if you have all, you’ve got restrooms in one of these containers.

00:20:19,270	What kind of plumbing are we dealing with? What else has been done in this facility with these containers, if you’ve got a bar area, is that just stock tanks with ice and beer, or how, what are they serving and, and so is, is there plumbing uh concerns here, sewer concerns, um, that would be my thought process as well. but again, that’s not what’s in front of us. In front of us is the liquor modification of liquor license.

00:20:38,500	OK And, and Mr. Chair, Comm, that’s where I said from my perspective, I think some, in a way we’re getting out of our lane when we started addressing the issue issues Comm Munsen brought up.

00:21:01,100	I look at it from the perspective of, can you give them this license, or should you give them this license and, and that’s where I said the answer is yes. I think they’ve met that requirement. OK. Which is volunteering his services. I don’t want to interrupt the sheriff here. Bring the lefty up. I, uh, we’re, which, which bar are we talking about? Cross Crossroads Tavern.

00:21:18,000	I think that’s in the city’s ETA. ETA. Yeah. So, uh, uh, they, if they’re going to be changing in the use of this bar, this building, adding more people to it, then yeah, you’re gonna have an occupancy change and different levels of occupancy, the amount of people that are in this thing, so it’s the, it would take probably a

00:21:36,730	building permit too, as well, to, if they need new bathrooms or accommodate all these new people, or a 2nd or 3rd exit, we don’t know. So that would be up to, upstairs, the building, I would definitely steer them into that direction too to see what they’re if they’re gonna change a floor plan or the use

00:21:53,500	of the building. And there’s especially, I don’t know if they want a special use up in their planning or not, but he’s bringing back up with him as well, so OK. to see you OK. Thanks, Mitch.

00:22:11,500	You might as well why not Chair Comm Ryan Decker and James, um, so, so to explain a little of what we got, uh, we did get, uh, a permit for all the wiring, uh, that’s about all we did out there. All the, all of the containers are movable, uh, they’re just sitting on blocks.

00:22:28,730	There’s no plumbing in any of them. We have one that’s set up that we think about doing bathrooms in in a future time and then we ’ ll have to get, cause we’ll have to redo how, how all the septic system works and all of that.

00:22:43,470	So right now it’s just storage. Uh, so the bars, they’re all ice bins, there’s no plumbing, there’s no nothing in there. It’s all movable, um, it’s an outdoor space. It’s, it’s, we want to incorporate it into our liquor license, um a big portion of the use of it is for our patrons to go out that way to smoke, hang out outside.

00:23:08,530	Right now when we get busy, uh, we only have one entrance into the building in the front that’s open, our back entrance is locked, and so people are going out the front and trying to get in the front, and it’s creating a little bit of a bottleneck for us to try to ID everybody, make sure that the

00:23:28,370	people coming back in from smoking. were already ID’d. So this will allow those people to go out the back and then the people coming in the front are only people that we need to make sure our uh legal of age, uh, people, so what it does

00:23:43,730	create is, is we do have to have extra security uh to make sure that we aren’t getting anyone sneaking in from the back, of course, you know, the shipping containers are 8.5 ft tall. You can scale one of those. You can back a pickup up and, and jump up, we understand that.

00:24:02,070	So we’ll have to have extra security in the back, uh, to make sure that there, there is none of that. Uh, we have added extra security cameras in the back as well, and extra lighting, and that’s what the, the electrical permit was for, um, are we planning to do, uh, most of the events, I would say that we’ll be doing our live

00:24:24,870	bands, um, so it’s a little different than than having a DJ there. DJs, they bring in big speakers and really blast and, and that’s kind of what happened, I think, at, at the place you were talking of, they had a lot of DJ events and you

00:24:39,900	really can turn those up with a band, you can only beat on drums so hard, and you can only strum so hard, so I, I don’t feel we’ll have problems. The, the shipping containers are hard surfaces, so they will echo, but they will also block and redirect a lot of that noise straight up.

00:24:59,070	Um, there is a lot more houses, but there’s no newer houses within the last 20 years within like a half a mile of us. If there is, there’d be very few, um, most of them are houses that have been there, um, and the closest ones are, are quite a ways away still.

00:25:17,900	I think there’s two houses that are close that would have been built, uh, a number of years ago, so, um, other than that, everybody else is, and most of that area’s gonna wind up being business across the road and, and behind you anyway eventually is what the plan is.

00:25:39,600	So, um, as far as bands, frequency, um, just out of curiosity, right now we, we had 3 bands that were scheduled every other week, um, for September, the first one we brought inside because, because this kind of sprang up here a couple weeks ago. The second one is scheduled for this Friday.

00:25:58,900	Now, of course, they’re all weather permitting, um, so if it’s raining outside, we’re gonna have them inside um I don’t know that bands are expensive. We don’t know how it’s going to work.

00:26:18,100	Um, um I, a lot of times bands are done earlier, um, so, so, you know, if the band gets done at 11, it’s not like we’re playing till 12:45, um, there as well, you know. As far as the city as far as occupancy, are there any changes on the occupancy with this cause you can draw a much larger crowd with, with the outdoor space, so, so regardless of the outdoor space, we can only have so many people inside the building So how does

00:26:39,370	that work? I guess I’m remiss on the city side of stuff with the, with the ETA jurisdiction, but is there a gathering code that you have to. That I don’t know.

00:27:00,530	Because there you’re still running people through the door, so from a fire perspective, if you’re building holds 150 people, you’re gonna be capped at that whether or not you’re shuffle them outside or not because there’s, when the fire marshal looks at it, it’s, well, there’s 150 people through the door. Yes. So, and there could be 150 people in that building, or more. So I, I, I’m just kind of curious on.

00:27:14,700	Yeah, I know our occupancy’s 300 for the building. Uh, we’ve never come even close to that, even when we get busy, just But you could have 300 people outside in the concert area easy. You could have 300 out there, and I I that’s a good night. Yeah, that would be a good night.

00:27:31,470	Um, I don’t know if we’d be able to, to handle all that many with our staff, but, um, I understand what you’re saying and, and we could, we, we would have to ensure that we only have our fire capacity inside the building at one time and that would be if we did

00:27:48,270	have an event that big, there is a gate on the back that we would have, uh, open and then have security there at that gate. Uh, so we could keep it separate as two separate events.

00:28:05,500	If, if the outside area is a ticketed event, um, that could be, but that’s something we could get, get figured out at when it comes. Uh, one thing I wanted to address, we’re, you know, the sheriff’s department, if there’s ever a problem that we have, they reach out, uh, we help them, um, best we can, I believe, and, and so I think if there’s a problem that arises,

00:28:21,900	uh, same thing, that we’re easy to get a hold of and we’re easy to we we wanna I just wanna make sure we have a good working relationship going forward because we don’t want to repeat the issues we had in the previous ownership. So, and I’ve heard nothing but good things out there so far.

00:28:35,730	So, I appreciate it. So thank you for your work. Yeah. Any other questions? Yeah, what is the plan in case we get a noise complaint. Um, well, it, it would depend what all the characteristics of that complaint are if the, if the complaint came, uh, and said it was too noisy at 12:30 at night

00:28:54,900	and that was the complaint is we were playing too late, we can remedy that if the complaint is, uh, that it’s only on, on different nights, we can, we can try to turn down sound.

00:29:12,600	I, I think we probably have to address it when it comes so we know what the characteristics of it are, but I’m here to say that in on video or wherever that we’re here to work with. work with people. We want to be, we have a lot of neighbors that come in and, and enjoy a cold one or a or a uh some food and we want to be neighborly to everybody.

00:29:26,700	So if we get a complaint from a neighbor, we take it very serious. Think you’re getting a complaint. I would have to, I can smell it, it’s becoming very serious there too, so Any Ryan? Not seeing any. Thanks, man. Hey, thanks, Chair. Thanks, Commissioners.

00:29:59,800	And com Commissioners, to answer your earlier question, since this is a, a permit to modify the um liquor license. Yes, you either adopt it or you don’t, um, you can approve it or you don’t approve it. If you want to regulate any of the licensees, that’s done by ordinance or resolution, which applies then to all liquor licenses.

00:30:16,170	You can’t restrict a particular license. OK. Thank you, Joe Mr. Chair, Mr. Wood. Would this be a modification of the existing one, so the time element, January 1st or whatever that, it would be the same, right? Because we’re well into the year, so the modification would be only for 6 months or whatever the remaining part of

00:30:40,370	the Mr. Chair, Comm, yeah, that’s my belief going into this is it would have to be revisited when it’s. That’s when they renewed renew. OK. Yes, it doesn’t extend the liquor license at all. It would just apply to the time that it’s been issued already. Just the modification.

00:31:03,100	So I guess claw back in the case of the difficulty or anything would be OK, well, you’re done, right? I’d moved to approve, second, motion second to approve any further discussion? Paul. Krishna Bakke. Yes. Comm Schwab? Yes. Comm Woodcock. Yes. Comm Munsen. Yes. Chair Bitner. Yes, motion carries. Next item is number 7, County engineer Hall.

00:31:23,500	They got a public hearing on Northridge subdivision and second access permits. Welcome, Marcus. Good evening, Comm. The first item I have is a public hearing, uh, with North Ridge subdivision. um The intent is to conduct a public hearing after the public hearing, the board will be asked to make a decision on moving forward to this particular project.

00:31:45,800	There is a proposed resolution in your packet. If you do not deem that there was, uh, sufficient protest to this particular, uh, SAD. Uh, Hay Creek Township has requested the Burleigh County create this special assessment district for North Ridge Eates Subdivision.

00:32:06,630	Uh, what we’re intended or what we’re planning on doing out there is a bunch of pa t ch ing work and then a microsurface application after that particular project or the patching is done. Uh, North Dakota Centricode does allow us to put a special assessment district together without a petition. Uh, it’s not very common that we do this.

00:32:23,730	This is only the 3rd 1 that I’ve been involved with. Um in order to uh alleviate some of the burden on the, uh, property owners out in that particular subdivision, Hay Creek Township has decided to, uh, allocate some of their general fund money to this particular project, $127,000.

00:32:45,100	Uh, as part of that um, that would reduce the cost per the proposed cost per uh lot out there to $4,663 is what, uh, the proposed, uh, cost is. Uh, the intent is here to conduct a public hearing, uh, if we had a regular petition-driven kind of uh SAD, uh, we wouldn’t be having this process unless you

00:33:12,330	had at least 60% of the people uh signing off on that petition. Therefore, in general you not necessarily assume against, but there’s at least 40% that weren’t, you know, involved in, in agreeing to this particular thing.

00:33:32,070	Uh, you can use the same criteria, if 40% of the residents in this particular area uh voiced concerns. Uh, you could use that as your criteria not to move forward, if more than 40%, or you can use whatever criteria you want basically decide to not move forward.

00:33:50,100	Um, so at this point, um, I would recommend going forward with the uh, public hearing, and then, uh, we can deal with any questions that come up as part of that, uh, after that, um, does the board have any questions at this time? Comm time?.

00:34:02,700	So, Marcus, what’s the total cost of the project? Uh, the total cost of the project, let’s see, I got to get on the right page here. So, I’m thinking in terms of 60% on the financial side, so. Yeah, the total cost of the project is the 668,000. OK. And then you subtract 127 from that. So, what is, uh, what we are asking the residents to pay out there is 540,000. as special assessment.

00:34:31,870	That’s about 80 % of the project Yeah, I don’t know. Yeah. Percentage are at the top, but $4,663 per lot. Um-hum. That’s correct. So the idea is to schedule a public hearing. Uh, this is S scheduled public hearing. And, and the next Burleigh County Commission meeting is the final budget hearing. This is.

00:35:00,730	This is the, this is the public hearing, yeah, public hearings. OK. Do you answer the questionsmark in this? OK. Um, well, this is a public hearing regarding a Northridge estate subdivision, um. special assessment districts. Anybody wish to speak on this item? This is a public hearing on a special assessment district Northridge Estate Subdivision.

00:35:39,700	Does anybody wish to speak on this side? Third and final call. Does anybody wish to speak on this, um, public hearing for the special assessment District. seeing Nunno close the public hearing Um, Marcus, anything else you want to add? Nope. Uh, there’s a proposed resolution in the packet basically that moves us forward.

00:36:01,270	Um, there is other opportunities along the way in a special assessment district. I mean, we’re going to have the plans and specs, and then you’ll allow us to go to bids and then you’ll get to see the numbers and we can decide at that point, this isn’t the way we want to go and stuff like that.

00:36:13,430	Township will be weighing in all along too on this particular process. OK. And, and, did we do public notice of this. Yes, we did do public notice and then I did also mail the, the public notice that was put in the paper.

00:36:34,100	I mailed that to each of the individuals that are, were in the subdivision or anybody that was going to get an assessment. So. So, we’re, we’re reasonably confident that every citizen got noticed that I am reasonably confident that we, we did our job to try to get that information out to everybody. OK. So. Thanks, cause. Yep.

00:36:51,170	It seems unusual for a special assessment district and nobody was here to speak on it. So Comm Schwab. So Marcus, state what you want. in layman’s terms. OK. At this point, uh, basically the resolution is that the county board finds that there’s insufficient protest to reject this special assessment district and therefore directs the county engineer to go ahead and prepare the plans and

00:37:15,270	specifications, um. plants and specification for approval by resolution by the county board. So I’ll bring back the plans and specifications once they’re prepared. So moved. Second, motion of the 2nd, uh on the proposed resolution. A further discussion? Call the rope. Comm Schwab, Yes, Commission Woodcoxck. Yes. Comm Munsen. Yes. Comm Bakken, Chair Bittner. Yes, motion carries. Thanks.

00:37:39,270	The next item I have on the agenda is an appeal of a second approach permit. Uh, Jessie Zander, um, from Brookfield Estates, uh, requested a second approach permit, um in your packet, there shows the lot that he is at and the location, roughly the locations of where the, the existing pro uh

00:38:01,070	approaches at and where the second approach would be at. Uh, the first approach is off of the subdivision road. However, the second approach was requested off of 80th Street. And this is the better access his particular property. Um, the highway department rejected the second approach, uh, for the following reasons.

00:38:22,530	80th Street is a county collector, basically a high-speed, high volume kind of roadway. Um, if this was an older subdivision, so they didn’t, we didn’t have a non-acxiss line along 80th. If this lat was going to be approved now, we would have had a non-access line along there.

00:38:41,230	Um, however, we still move forward and felt that from a safety reason we didn’t want to move forward and grant this particular permit. Um, the highway department does believe that by granting this permit, it does decrease the safety for the traveling public. Uh, therefore, we rejected the request, um, Jesse has asked to appeal this decision to the county board.

00:39:06,270	Um, I recommend, I think he’s here, uh, today, um, having a little discussion, see where you want to go after that. And if you have any questions, I’d be happy to answer them. Thanks, Marcus Mr. Chair. Mr. Wood. that exit will be on 80th Street.

00:39:21,430	Are we, have we allowed any other, uh, there’s like 11 homes that run Eth Street. If any of those tried to, uh, have a second access. Commissioners, um, not right in this area, however, just north of there, uh, we have a second approach to a property on the, uh, on the east side of the roadway, um, that particular approach did become, come before the county

00:39:42,000	board a while back. Um, the highway department did reject it. That’s way up the road. No, no, uh, this one’s just, uh, just up the road a piece, um, by your mother’s place right across from there. Yeah. It’s a little ways away, yeah.

00:40:00,800	um, that particular, uh, request was rejected by the highway department, uh, the county board did review that, and they voted to allow it at a 3-2 vote on that one.

00:40:16,230	then also way up north, uh, up by Seventyfirst, there’s also a second approach up there, uh, that was allowed, that’s been about a year, maybe 2 years ago now, um, so that’s the only ones I know of right off the top of my head. OK. Thank you. That’s that’s about a, that’s over a mile. Yeah, probably, yeah. OK.

00:40:43,900	Comm Schwab Mars, how far is that from that intersection? that approach Do you roughly know That’s roughly 1/3 of a mile, probably. About, about a third of a mile. So, I just don’t like, you know, they got that, they’ve got a main access there and nothing that isn’t a way to control traffic. You know, we’re getting these complaints about this bustle.

00:41:01,600	deal and here it is. I I think we’ll, we’ll, um if you want to stand by, we’ll hear from the applicant. um. Jesse um yeah, I definitely understand the concern of the congestion there, um I just as far as I am looking at putting a outbuil on

00:41:32,530	the back portion of that property. and I guess as far as having access. off a birch crest, it’s, especially with the you know, to be able to pull in there with a trailer or you know, anything larger is it’s just real tight up there.

00:42:00,370	um and there’s, there is some mature trees that would need to be moved up there, which, I mean, if that’s the case, that’s the case, but. uh, you know, coming in off 80th, that would be just. quick and safe to be able to pull off that road and, you know, say I’ve got a you know, fifth wheel camper or something. I mean, I can drive off.

00:42:23,470	I’d have plenty of room to you know, turn around in the yard and drive out. where, you know, coming in off of the front, it’s it just doesn’t really leave me that room when, you know, a person starts looking at a larger trailer or anything like that.

00:42:46,170	Comm any questions for Jesse? Well, I’ll tell you what my, uh, I’ll tell you what my concerns are, Jesse, first off, I grew up on that road, um. like you heard, my mom’s place is, is right up the road from there. And the traffic is, has certainly got significantly heavier than want it over time.

00:43:03,370	Um, for me personally I, I would like to be able to say go ahead and do that, except that when our engineers are pointing out that granting this decreases the safety of the roadway.

00:43:18,900	I’m not able to, I’m not able to go along with it, even though I, I would like to see you be able to do that. It’s, it’s,, it’s to me, I have to err on the side of safety.

00:43:35,800	So Mr Buckner, um, so if there was a second approach off of birch crest, which I, I’m seeing how tight that would be, um. are there any constraints from your septic or that are in the way or is that Septic is all to the rear of the house. Rear, OK. Um there is another house, I believe uh the two properties to the south of me.

00:44:08,370	that, you know, they put a um shop back the property, you know, similar to the area I’d be looking at but they do have a little more frontage, um I mean, I I think it was the same deal.

00:44:25,530	They you know, we’re told no on approach off 80th, but you know they’ve got a little more space to work with the frontage on my loft is just, you know, narrower than most. Yeah. Well, cause I’m trying to look and see if there was a second approach on birchcrust, but now you’re getting awfully close to the Access point to 80th there as well. So that was kind of my concern, you know.

00:44:41,530	Coming off of 80th, I think, center of the intersection to you know, center my opposed approach would be somewhere around that 200 ft mark. and to come off a birch crest, I mean we’re 50 ft from the, you know probably 30 40 ft off the property line, which is you know, I’m guessing 35 ft off

00:45:10,600	the center line of 80th. Thank you. Kate the questions for Jesse Mr. Schwan. Marcus, what is, is it 200 ft from an intersection or center line that you can put an approach Like Commissioners generally on new plans that we do, um, from the property line, uh, would be about 40 ft.

00:45:39,370	We’ve, we’ve had various distances, but 40 is the minimum that we’ve kind of looked at doing. So in this case, 40 ft back from there, I would, uh, I, I would entertain something less than that because we don’t have non-access lines. If it was a new platform, we would have a non-axis for the 40 ft.

00:45:56,600	So on this particular platform, it’s up to what the, the board would feel would be adequate. So. Well, and I’m, I’m looking at it as you know, if you’re stopping for traffic on 80th for a proposed second approach versus if you’re stopping for traffic to turn onto Birch Crest, you’re still going to be balling up traffic the same way.

00:46:18,900	So you know it’s a little bit of a, a, a stuck situation because if you’re pulling a trailer or a camper in there, you’re still going to be impeding 80th in the same fashion, so. First there’s one Ison? Well, that, the trailer part concerns me because you don’t turn them fast. No.

00:46:47,530	And I’m going to swing wide. I understand why the Guy who wants a second approach, but I can’t. you know, we give one, we’re gonna have to give more. and it’s just not gonna. everybody would want a second approach as far as I can see here. For an approach.

00:47:13,870	Well, like I safety is lacking in there Yeah, that’s, that’s where I’m at with it. Comm state. they. when, when the people we hire to make our roads safe tell us it’s not a good idea because of safety, I think that’s pretty clear. Fisher’s I, I, Mr. Chair, I would actually move to deny the second approach. Sure, I did one more question for Marske.

00:47:39,370	Um, so Birchcrest, uh, where’s the other access point? on Birchcrest. Is that a loop or? Yeah, if you look in your packet there, uh, the second sheet of the packet for this particular item shows the plat.

00:48:06,530	So Burrets runs down, uh Bristol, West Bristol, and then, uh, comes out onto Highway 10, so it doesn’t, well, you could come around on East Bristol coming around that way to get back to 80th. OK. Cause I, I’m just trying to look at where from a safety perspective, because if he’s, like, even if he’s to put another approach on Bbirchrest to be able to access a property and accessory dwelling in the back, you know,

00:48:26,530	getting off of 80th would still be an issue because you’re trying to make a tight turn. That’s why I was kind of wondering if there’s an opportunity for a second approach on Birchrest. because he can access from the other direction. That’s correct. He could come in from the other direction.

00:48:42,230	A little convoluted, but from a safety perspective, because if you’re waiting to turn and then you’re trying to make that approach, you’re gonna be balling up traffic if you’re pulling a longer trailer anyway, so that’s, I was kind of trying to fish around to see if there was another aimmenable option, so.

00:48:57,800	They have a motion to have a second? I’ll second for discussion OK. And motion to second, any further discussion? Comm Schwab. Well, when, when you look at this plat, he could go down to that East Bristol Drive, go back up and around. That’s not, that’s a short way and have a Yeah. Have access to get in there, actually through his driveway.

00:49:26,000	Um-hum. I mean, and it’s not a tight turn then. So I got to stick to my gums on it, I guess. Yeah. Any other discussion Seeing none cultural Comm Woodox This is a motion to deny, correct? Yeah. Yes, Christian Munsen. Yes. Comm Bakke? Yes. Comm Schwab? Yes. Chair Bitner. Yes..

00:50:07,170	Thank you, Commissioners OK, thank you, Marcus It’s always tough. OK, next, WBI Energy right of entry request. WBI Energy W B I N E in the room. They should be on the, uh, phone call right now. OK. Are you a phone call. I am yes. OK you’re on Well, I’m Steve Cameron, and I’m working with WBI Energy.

00:50:42,370	They have asked Berns and McDonald to begin right away access for pipeline that goes from Watford City over to um Fargo and it has to cross the Missouri River. If you have your maps in front of you, you can see where it crosses right there. It’s a 30-inch natural gas pipeline.

00:51:04,900	And uh what we’re asking for right now is just permission to survey this area that crosses the um you know, it’s a county board property right there. And so it’s a right of way. survey for 4 different surveys. One of them is archaeological Wetlands. Biological and engineering.

00:51:35,800	So those would be the 4 surveys that we would be able to do to find out if that’s gonna be a logical place to cross the river. Um, currently we’re looking at a bore that would go underneath the property and not over it at all. So it would be strictly in uh below ground access on the property.

00:51:56,600	Um, if you’ll see back on the right side there’s uh set up for the bore right there, which we would be on boring from that side. So that’s where they surface activity would take place right there. And then bore underneath a river at that point and come out on the other side. So that’s our request at this point.

00:52:18,530	OK, um, you know, the only concern I have with this is your on the one page here, you’re showing crossing the river at, at, at that. thing and you referred to the pipeline on the map, but the pipeline on the map is going through Washburn, not there. So I don’t, I don’t see a map that indicates this pipeline going through the location you’re talking about.

00:52:38,270	Comm Bakken, you know, um, Cameron, uh, Comm Bakken, um, so for the purposes of just being able to access this for archaeological and other, uh, site surveys. Um, one of the concerns that came up last commission meeting was about the boat ramp there.

00:53:03,530	Um, will there be any disturbances to um operations for the boat ramp. No, I wouldn’t see any reason for that at all. OK. Thank you You’re welcome. And the current map that we’re showing you that’s um on the bottom is a, a very early map.

00:53:35,900	It has been um changed because we had um some problems getting through some areas up by Washburn and so we ended up putting a reroute down here on this lower area. um, which is actually a much better place for the pipeline to actually go through it straightens out the pipeline requires a little less um disturbance on other properties.

00:54:00,530	Um, that’s why there’s a difference that, unfortunately, I don’t have a large map that shows the entire pipeline across the state that’s going to show this location right here. and it was my understanding that uh depending on what the surveys look like, that definitive map across the state isn’t completed yet. That’s why this is necessary for this, uh, this survey, correct? That’s correct.

00:54:24,000	We’re working on right now getting enough of the properties permitted so that we can apply for the FERC permit that uh we’re looking to probably do next summer I actually applied for the permit, but you have to have several, uh, I think it’s 80 85% of all of your tracks ready to go before you can apply for that and we’re not at that point by

00:54:45,970	far and we’ll won’t be probably until um late spring next year. OK, thank you, Comm Schwan. I was going to ask him. This goes all the way to Fargo and down there to these data centers. Are they prepared to use eminent domain to get this done. FERC does allow that to happen.

00:55:12,000	WBI is not very keen on doing that. Uh, we’ve been going around a lot of landowners that um require us not to be on their property and consequently, we’re making reroutes like this in order to um avoid as many of those problems as we can.

00:55:35,630	There will probably be a percentage, a very small percentage that will have to, um, it’s kind of like any pipeline this large there’s going to be problems in some areas. you didn’t really answer the question, are you going to use imminent, eminent domain if it’s necessary. As far as I know, yes. but that’s a WVI question that I cannot answer.

00:56:03,330	I don’t actually work for WVI. Comm Bakke Um, so it just, I just wanted to kind of follow up a little bit on that, and correct me if I’m on the wrong train of thought of what you were thinking, but, um this is a project that has been one of the works for the state for

00:56:19,900	a long time and, and, um part of the question of what the data centers with this is the ability for them to produce local electricity. not on the grid which in the bigger picture of things saves us as ratepayers because we just saw what the decision of the Public Service Commission was about a

00:56:42,430	month and a half ago, and that opened up ratepayers, uh, for a lot of increased costs, which I’m not in agreement with, but it puts us in the position of subsidizing these grotesquely for-profit businesses and the ability to have the natural gas and the gas lines, um, yeah.

00:57:04,230	that allows them to produce power before it gets on the grid, which in the bigger picture, saves us as ratepayers. what could be immense numbers. So, um, that, that’s not the entirety of this project.

00:57:27,100	Uh, it’s been about mitigating, uh, flaring in the western part of the state and getting those assets off to the eastern part of the state where they’re needed, um, but the data center piece is, is one that’s popped up, but this also gives some of those entities’ ability to not be on the grid or pulling power off the grid, which is good for taxpayers, good for ratepayers.

00:57:46,330	So it’s just a little piece of the project, but in the grand scheme of things, it could wind up being a bigger piece of why it’s a beneficial project. I, well, I am that Comm I understand what you’re saying, but what concerns me is I believe they’re asking for $500 million guaranteed loan. And if I got understand these guaranteed loans.

00:58:10,870	if they say it, it doesn’t pay. They can walk away with it walk away from it and the state has to pay it off. And I, to me you know OK, a survey, but I I like MDU, you know, I’m a customer there of theirs. I do not like corporate welfare and $500 million is a lot of money. Uh.

00:58:42,330	don’t, I don’t know much about that as far as I, I thought that was a loan program. I didn’t think it was a program, but I believe they can walk away if it fails and the state owns it.

00:58:56,900	Well, yeah, that, I think that’s a little outside of our wheelhouse. Yeah, it, it is. Um, I have a question I don’t, you know, per personally. I don’t have a problem with them accessing the place for survey, and I don’t have a problem with the pipeline going through, I don’t have a problem with the gas, a natural gas

00:59:13,330	pipeline going through Burleigh County on, you know, and no citizens have asked me to um oppose it, and I don’t know that I would oppose it because I’m also a mineral owner and a, and a, you know, mineral rights and and whatnot, and I support coal and oil and that sort of thing for North Dakota, and I

00:59:29,370	do think that this is a benefit to all of us as North Dakotans. Um, I paid money out of my pocket to have the gas pipeline put into my property for the natural gas for service to mine.

00:59:47,000	So I, I’m not opposed to that and I’m not opposed to the surveying for it. Those other questions about the loans and such, that’s way over my head. Chair, Mr. Munsen. Uh, just a question. Um, so the possible river bore setup site that you’re looking at.

01:00:12,100	So we allow the survey to be done, but when it comes to construction, if I read the drawing correctly, you’re boring from the east side of Highway 1804, underneath the river, so the question was asked earlier if this will, uh, shut down our boat ramp or cause any uh issues with the boat ramp based on this drawing of assumed that through even construction, when the, if the pipeline comes through here, we should not see

01:00:30,270	any services, uh, halted at the boat ramp at all. Right. I’m, I’ve been around some of those projects and seen it happen. I don’t, I don’t see a problem with that. Yep. I would move to approve to allow the uh the survey so I can motion a second to approve any further discussion? Seeing none, called.

01:00:48,870	Comm Munsen. Yes, Comm Bakken. Yes, Comm Schwab. I’m going to be a yes, but I really question this thing. Yes. Comm Woodcock. Yes. Chair Bitner. Yes, motion carries. I certainly understand the question about the financing. That’s not, that’s, that’s not out of line at all. Um, thank you, Sheriff Lieben. Burle East Renovation. Thank you. Yeah, you’re welcome.

01:01:16,170	Thank you, gentlemen. Mr. Chair, Commissioners, I come before you tonight, uh, kind of provide an update and also a situation we encountered and, uh, we’re going to need some guidance on how to proceed. So, just to back up a little bit, uh, we started this project several months back.

01:01:38,630	Uh, they started with the lower level of what we call burleeast, the old highway department. I was up there today again. Uh, the progress has been significant on the lower level It’s actually looking very good. Uh, it’s going to fit our needs once it’s all completed.

01:02:00,470	And we have vacated the upstairs and have put patrol temporarily out in a conference room at the jail. They’re operating out of there. Our mechanic is still up in the building along with some of the other guys, but, uh, the upstairs has now begun the renovation there just in the tear out. So, things are going well.

01:02:21,270	Things are going on track unfortunately, uh, this summer we, with the some of the significant rain events we had, uh, we discovered a situation on that east wall, uh, which if you’re familiar, you know, that’s that main parking area. That was the public entrance, uh, back when it was the highway department.

01:02:42,630	So, basically, uh, once the, the gutting of the lower level took place, and then we had those res I, it was that one time where we got, I think, upwards of 6 inches of rain.

01:03:03,470	We developed water in the basement of the building, uh, which caused a concern obviously as that lower level is going to get finished, um, with the indication that this had also happened prior. We knew we couldn’t just continue on with the project.

01:03:24,370	So, at that time I had contacted Comm Woodcock, uh, my portfolio holder, Chair Bitner, um, as the chair of the commission and kind of explained the situation and uh we had worked with Jeff Obel of Oel Design and Jennifer, who works with Jeff, and, uh, basically to try and mitigate the problem. Uh, we had at that time been presented with three options on how to fix it. The first option was just to basically reseal it up as best we could, uh, which we knew was a band-aid approach.

01:03:49,370	The other, the third option was to actually excavate some of the fill on the east side of the building, the sidewalk, the parking lot, get down and reseal that building up, put a membrane on it, and put everything back in.

01:04:08,700	During that discussion and, and that was kind of the decision made at that point to go forward with that. During some of the discussion on that parking lot as some of that got dug up and the fact that the drainage needed to be corrected.

01:04:31,100	Uh, Jeff had felt that more work needed to be done than just that third option because ultimately that wasn’t really going to, uh, fix some of our issues with the design of that parking lot. A little background since that building was built, there was planters in the side wa lk that have since been removed and concrete poured in there.

01:04:51,800	And also, uh, I believe shortly after the sheriff’s department started occupying that building. There needed to be asphalt work done on the parking lot, and at that point, the asphalt was raised level with the sidewalk. Uh, so, right now, if we don’t mitigate some of these issues, really, um, the drainage, we can fix the, the building, but we’re not fixing the drainage issue.

01:05:14,800	So, um, I’ll let Jeff come up and speak to that, but at, at that point, I had basically set up a meeting again, brought Comm Woodcoxox in uh Chair Bitner, and we sat down with Uel Design and kind of talk through this with the ultimate plan to come before the Commission.

01:05:34,630	So at this, if you have any questions for me, if not, I’ll have Jeff come up and speak. Mr. Chair. Mr. Woodcombe. Didn’t, didn’t we find under underground water there too? Mr. Chair, Comm, not that I’m aware of. So, at this point, and, and maybe Jeff can elaborate.

01:05:53,270	I’m not sure if we really know where the water’s coming from at this point. But the concern might be, it might be groundwater or it might be seepage. Um, but I’ll have Jeff come up and address it Uh, good evening, Chair Bittner, Commissioners, uh, Kelly did a great job explaining the situation that we ran into.

01:06:16,730	And so I’m more or less here to answer any questions that you have. Uh, he did cover that. It was, uh, uh around late May, beginning of June, when we discovered the problem when we had the big rain, um. the problem was brought to our attention by the contractor. We went out and took a look at it.

01:06:34,900	There was, I’m gonna estimate about 12 to 20 spots, essentially holes in the in the foundation wall on the east side of the building, that water was coming through, and this wasn’t just a little dribble, I mean, you would have thought that you were standing in front of the, uh, the

01:06:52,530	fountain at the, uh, Bellagio and Las Vegas. It was, it was that it, it was that, uh, obvious water was was ru sh ing through. And so as, excuse me, Jeffy. um tell me that in terms of the location of those holes.

01:07:13,370	The worst locations were where the planters were removed, which there were two planters on the north and south side of the front doors. Those were the two worst locations, and there was a variety of different spots in the wall, generally speaking, they were on the top half of the wall.

01:07:25,600	so not at the top of the wall, but I’ll say the top half of the, of the foundation wall, and they were scattered throughout the wall. So it could have been instances that freezing that froze, you know, where you had aggregate that popped out, could have been a variety of different things.

01:07:41,800	It could have been instances where there was rebar that rusted out that left a hole, who knows? Uh, so, um, we talked a little bit in that meeting about the depths of the footings and the depths of the foundation.

01:08:00,500	Um, how far below grade then would you imagine those holes were? Um, well, the bottom of the footing from the top of the wall is 10’ 6, and so I would say that they were in the top 5 to 6 ft of that. That’s good news. OK, thank you. Yep. So, um, Comm Schwab.

01:08:23,330	I was going to ask you, Jeff uh, normally on walls like that and stuff, you know, you get water coming down to the top. and it gets saturated down below. Does that building need drain tile? Um, it’s a good question, uh, Comm, I would guess it does.

01:08:41,330	From what we can tell from the existing drawings when it was built, it doesn’t show anything being put on that wall, and it doesn’t show any drain tile, and I would bet if there’s drain tile in there that would have been in there, you wouldn’t have this problem because now you got saturation under all that concrete and stuff, no way to dry it out. Yes.

01:08:56,800	And, and as Comm Woodcoxck mentioned, all we can do is observe what we see from the surface which is that there’s a bad drainage situation in the parking lot, and so there could be, there could be groundwater. We didn’t do any of that investigation at this point. Um, and so to your point, if there is groundwater that’s saturating that, it’s just gonna contribute to the problem.

01:09:13,170	Well, if there is, instead of tearing, tearing everything out, you can put grain towel inside. You can put drain tile inside, but I think they wouldn’t eliminate the problem with the water coming through at the uh through the wall. Hey, Comm Bachman.

01:09:38,470	Uh, so potentially one of two issues here, either it’s the drainage issue and saturation, lack of drain tile, or and landscaping issues basically or potentially groundwater, so. uh reasonable confidence that it’s one versus the other. Um, because it, it needs to get mitigated, but without doing an overabundance of of investigation, do we really know what the problem is.

01:10:03,600	If I had to bet on it, I would probably say it’s, yep, heavy rains and we got a drainage issue and it’s landscaping, but our given the landscape out there, or are we pretty confident of that. I, sorry, go ahead, Comm Bentner.

01:10:22,900	I wouldn’t make any bets on that right now, cause we, we had that problem in a property I bought out here by the University of Mary. Yeah, I remember that. And one up on the hill.

01:10:37,730	And we, we ended up excavating the entire place all the way down and put in drain tile and rock and, and we put blasted off the coatings, put new coatings and new, um, this heavy dimpled plastic stuff that’s custom for water infiltration, and that’s when we found out that we actually had groundwater in addition to the drainage. Yeah. And then, cause that, that’s my concern on this is put in a um, an interceptor trench. Yeah.

01:10:55,500	To, to, to address that because all our work would have been at risk. Right. It was on our own property, so we don’t know that yet, and I don’t know that um testing is very easy because we’d have to drill through the. Yeah.

01:11:09,500	Cause I would be remiss about, OK, we think we solved the problem, but it wasn’t really a problem. Now we’ve got a building that we’re still getting damage on that we’re gonna have to fix as well, so. I’m more comfortable if we identify exactly what the problem is before we move forward.

01:11:27,530	Yeah, that’s, that, that’s a good point because actually there’s more of a problem yet, um, because we involved the city of Bismarck and it sounds like there’s some whole bunch of other things. The last I heard were going to be required of us if we start tearing into it. The elaborate on that a little bit. Sure. Sure.itner.

01:11:48,870	So, the first part is, it’s groundwater is, is fairly hard to predict because this could be a situation where the groundwater was high when we had the rain, and we go drill a boring and we don’t have any groundwater in it, but it doesn’t mean that it’s it.

01:12:02,630	It just doesn’t mean that we don’t, we haven’t found it because you’re talking about, you know, 4 or 6 inch hole in that entire parking lot to try to find that groundwater and so you might even miss it, depending upon where the boring’s drilled.

01:12:19,170	So, um, the only thing we can go off is of what we’ve seen, and I can tell you that we for sure have an issue related to the drainage on the site, whether there’s a ground water issue or not, we don’t know. Um, the only portion of the building that’s below grade is this east wall.

01:12:35,330	Everything else, if you, if you recall the property, there’s a, a retaining wall on the north and south side that hold back Earth, which we are also seeing water go through that wall as well. Uh, in, in, uh, relation to, uh, our, uh, concerning, um Bear Bittner’s comments regarding the city, um, given that that the property is within the city.

01:12:56,000	If we do tear the parking out parking lot out, we have to go through the city process, which is site plan review. uh, which requires multiple steps to go through. We’ve had preliminary conversations with the city to try to mitigate some of their requirements just given the location of the property. um, but that’s never a guarantee until you go through the permitting process and start having those conversations.

01:13:18,630	Um you know, it just flashed through my mind. is, you know, we don’t have to have a parking lot there. and we don’t have to have building access. off of that parking lot Yeah we go ahead, Comm Schwann. Why can’t a person just go up there and board and find out what’s there. We could. You know, they, we get boring companies.

01:13:40,270	Yeah, I mean, we can do, we can do geotechnically which you might not hit it. Um, the fact is you could, you could bore in and put a drain pipe right under that, um. Yeah. Right under that entire sidewalk, you know.

01:13:54,630	Well, the question is, is how deep do you have to put drain tile in is, is what it is. Well, she was. It’s kind of what it was. So, um, as far as I’m trying to think of cost effective ways as far as, um any LiDA solutions as far as water tracing and The only way to find it is to go look for it.

01:14:13,000	OK. Yeah, which, you know, in the case of this, we’d probably do 2, maybe 3 borings, we go certainly well below the finished floor of the lower level, so, you know, 25 to 30 ft to see if we can find it.

01:14:32,900	The borings are gonna cause given that there’s only probably gonna be 3 of them, probably 25 to $3000 a hole. to do that would at least give you some more information to work from, um. to make your decision.

01:14:49,270	Now, I should say that we have talked with the sheriff and obviously if we were going to do any of this work, we wouldn’t, we’re not in the right time of year, so our immediate solution is, is to fix the joint along the side of the building to give yourself some time to work through this But the other question is if we’re doing that, then might as well go ahead and plan on, on putting drain towel that deep

01:15:08,470	anyway. If, if you’re going to do the borings cause the trench isn’t much more than what the borings would be. easy enough to install drain tile was basically the question’s going to be how deep you have to put the drain tile. I’ve never heard of drain tile be blowed in. No. You have to open it all.

01:15:26,900	No, you trench it, but how deep it would be at the bottom, bottom of the you’d have to put it at the bottom. So if we’re going to go through the effort, because that would be the solution no matter which problem. we find.

01:15:45,330	Um-hum So I, I, I would lean towards just coming up with a solution to solve both problems rather than try to hope we got the right solution. and it might be a little overkill, but it’s still probably better money spent, Mr. Chair. Mr. Munsen. You know, one of the things that Jeff had said we’re at the wrong time of the year.

01:16:04,530	you know, do we patch today. plan for April to do the work that we’re talking about, whether it’s strain tile, whether it’s borings, whether the other issues, do we patch today and wait for April to do the repairs correctly.

01:16:27,600	And what does that do to the rest of the project though? The lower level, uh, has been completed, and so this is one of those issues where it needs to be resolved, but it doesn’t need to be necessarily resolved today. but you need to have a long-term plan for it, because you will run into the problem again.

01:16:44,000	Well, and part of the conversation too, while we were discussing this is that we have some substantial projects going on right now and budget-wise, this may not be a really good time to. Correct. Uh, spend a bunch on, on this, but there’s no doubt that we can do some culting and whatnot. We’ve been doing a lot of, my company has been doing a lot of calking lately, and that’s, that’s just not that complicated. No.

01:17:01,330	I don’t think we want to get started on a full blown thing because, you know we’re not that far off from winter, but we have to, we certainly have to do something.

01:17:15,600	you know, because my concern is we put money into the building and then if we wind up having to fix something we just put together, uh, that’s not good money after. Right. Well, I think we could overlay to mitigate. Yeah. I think we can seal, you know, we, I could seal a whole bunch of that. um. richer one. You know, I don’t think it would make a difference if, if you were going to go ahead with boring.

01:17:32,600	that could be done now, kind of give you an idea. You’d know actually what you’ve got pretty much. And whether it’s not gonna affect the time of season. You got water coming in now? No. Because if you have, water coming in, you know, you, you do your test for city water and.

01:17:51,270	whatever I don’t think there’s water in that area because the dump ground is way below that. The the last pit they dug. I think it’s, I think it’s, uh, the rain and stuff.

01:18:13,270	I, I would guess that I would guess if I was doing something like that, I’d want to open up them walls and reseal them and put a drain towel. That’s what we did. Yeah, that’s, that’s a good solution. However, it turned into, instead of a few 100,000, I think we’re talking like half a million or better and more.

01:18:32,870	you know, um we, we haven’t gotten to the end of what the city was going to require or anything yet, so. I, I do think that we need to move ahead with some ceiling and caulking and that sort of thing. That’s, that’s a no brainer to me because that’s, that could be a problem. this weekend again, you know, or whatever. Next time it rains.

01:18:48,530	Well, it’s definitely going to be a problem come winter, thaw. Yeah. Yeah. And yeah., and there’s so many, so there’s so many products available to, to do this. And first I looked at that, I didn’t have time to, to run a laser on it, you know, I could do that.

01:19:08,100	um you know, check those elevations and, and find out, you know, maybe Comm Schwab and I could, you know, do something with that. And laser too. We could. You can get an idea. Yeah. Well, we, we can get a better idea of what’s going on there too, um, two cats.

01:19:24,100	Um, I think, I think there’s a lot of options and there’s certainly a lot of options for sealing at that concrete that where they’re talking about those uh planters where Planters, yeah. That’s garbage. So it’s, it’s going to be you know, maybe, maybe some kind of a flowable coating or something for that would be an answer, but we can, we can look further at that.

01:19:40,630	but I would look for a more permanent solution. next year as you go into the winter, we could look at plans and, and get bidding because there’s special, there’s certain times of year that you, you’re, you’re better off bidding, you know Well, if, if that soil is wet.

01:20:00,600	you’re not going to get it dried out for compaction once you pull it down. No, it. You don’t have a son, you know, you don’t have the sun shining. Yeah. Soil that’s not dry very good. No. So, you couldn’t do anything this year anyway. So, I think you’re right, just try to patch it the way you can. Mr. Chair.

01:20:15,530	Comm Woodcock. We haven’t really talked about how we’re paying for this, but, uh this, we could do it as a, an amendment to the original estimate that and keep the same people and everything without.

01:20:34,170	going back and starting over and rebidding the whole project, which might be an option next spring, but for right now, I think we’re looking to decide, what are we going to do this, this fall to seal this up so we don’t have a problem over the winter or the next spring.

01:20:47,470	And then we’ll go after next year if we need to, uh, but I don’t know how many, how much do we’re gonna run over what our original estimate is, but, uh, it’s kind of an open-ended, uh, contract, so to speak, but, um, we do have to get it done, uh, whether they have to authorize us to give them the uh the uh right to do what’s necessary to get through, uh, rather than coming back for another meeting

01:21:06,270	and saying something else, so. you understand what I mean No. Sort of. Mr. Chair, Comm, we’re just talking finances. We talked to them before. And maybe I can provide some insight here for you. Go ahead.

01:21:26,900	So, basically, what I, I think the position we’re in and, and listening to you and, and I think Jeff and I would agree. this has to be sealed up, um, because basically, I think 2.5 months is what you figure the project will take, um, you know, to get this going. So definitely we’re out of the window for this year.

01:21:46,900	Um, I guess what I would request of the board, I think we will have some money in the original budget because we had set aside money to mitigate it with the membrane and then we put that on hold. So, that money’s already um, allocated to this project. So, I, I think we just go forward.

01:22:09,700	I’m not worried about adding money at this point if we are getting tight, I can come back before this board, but I think we’ll have money in there. Do a change. What I would request permission is to work with Ole Design, um, obviously this is, you know, the question we discussed is, do you handle this as a change order to the original project

01:22:29,530	or do you rebid it? Um, just that as a separate standalone project. And I think we’re all in agreement to rebid that part of, uh, whatever we get to, to mitigate this, we bid that project separate from the remodel.

01:22:52,900	Uh, so what I would request permission is to negotiate with Opel Design, um, to also oversee this part of the project because it is linked to the remodel project that this issue was discovered.

01:23:15,870	So your option would be to handle this as a completely standalone project, but based on the price, we would have to renegotiate or re-advertise for architectural services and everything, or we could look at it as an addendum to the original um project and work with Oel on that. OK. That’s, that’s fine. I don’t know. I think the original project, we didn’t have any excavators in it, did we? No. I think you got to put it out for bid.

01:23:36,170	Yeah, it’s, it’s a different, it’s it’s different. No, they don’t have the equipment to do it, so they’re just going to go out there and do the same thing. We might as well bid it. Well, it’s kind of project. They become or my company would have done it.

01:23:49,500	And here’s another thing that can be done If you get down there and you find out you got water down below. get a sub tank dug in and drain tile You can fill that thing halfway up and runs stacks up.

01:24:08,730	and as you can, when you get compacted halfway up, you could run another grain tile so you know you’re catching the water. Now, I’ve done that. I haven’t ever seen anybody else do it, but I tell you, that really works. Yeah, we did, we did that too. Yeah.

01:24:22,100	On, on at the Mary house, we ran um we actually made it so in addition to the drains, it’s actually got those vent fan things that are actually drawing moisture as well, drying it out underneath. But it really works. Oh, yeah, I know. Um so I think, I think we’re pretty much in on the same page with what we what we need to do.

01:24:41,500	We gotta get it caked up and we got design the solution So, I, I guess my question is, how do you want me to proceed if we, so I guess I would like to work with Ole Design on and use our contractor that we’ve already got up there just to seal this?

01:25:02,230	Is that what, or do you want to go out for bids to reseal it? I, I just don’t think it’s going to add very much at all to the, I mean. No. No. Get it sealed and get us through one. I mean, we’re, we’re not talking we’re talking a few bucks. Yes. Yeah.

01:25:15,500	Yeah. Yeah. I don’t you know. Cause it’s some of that Flex Seal that they’re advertising on TV. Well, I, I tried it, it’s like that. You know, that stuff does work too though, because, you know, whether you use sun elastic or you use whatever at this, you know.

01:25:32,000	there’s, he know, he, he’s not gonna have a problem with that, and it’s gonna be really short. I mean. Yes. I think just do it for that. Get it done. Yeah Do you want a motion for that, Kelly? No, I think OK. Just directions Direction we’ll move forward with that. OK. Yep. OK. Sounds good. Thank you. Yeah.

01:25:50,170	Thank you, Kelly. County Planning Director Flanaganabbbitt, special use permit. Welcome, Mitchch Mr. Chair, Comm, um, in August, a public hearing was held with the Planning Commission to consider a recommendations for moving a single family house.

01:26:26,530	From 780152nd Street to 82515 2nd Street, a couple 1000 ft north on 52nd Street, moving, moving a house or moving a building requires a special use permit, so, um, that’s what we’re here for. The proposed House is 1,638 square feet and meets the minimum require ment s for Article 12 as a single family dwelling. Um the recommendation was a vote from 9 to 0 for approval.

01:26:46,170	Uh, Burley County staff inspected the residents in July, uh, and determined that it was in good condition and it meant building codes. It’s a nice house. We also, uh, the petitioner has applied and was approved a road approach from the county.

01:27:10,370	and in the packet, there’s a site location map of it and it shows, um probably around 50 cars there. Um, I went out there today and, um, the owner had previously moved those. This is an old photo from Parcelvieer from probably 2024. Since then, all these cars have been moved So. Oh so you’re comfortable that that’s not a problem. Yeah, I went out there and took pictures.

01:27:33,330	I was unable to, uh, upload them for tonight’s meeting, but yeah, the car, the cars are gone. The site’s, uh, it’s, yeah, everything fits, it’s fine. OK I would move to approve the special use permit. Second. Motion the second to approve the special use permit. Any further discussion? All the rope? Comm Bakken. Yes. Comm Schwab. Yes. Comm Woodcoxck.

01:27:56,700	Yes. Comm Munsen. Yes. Chair Bitner. Thanks, Mitch. Missouri Valley Complex Committee Development and operating Agreement. Mr. Chair, um, Kaylao, who was going to present this tonight, uh, sent me a message.

01:28:21,270	She’s got a family emergency, so she’s asked, uh, Steve and I to present, uh, at the August 20th meeting of the Missouri Valley Complex Committee. A request was made on behalf of the equestrian and Egg Committee that the Missouri Valley Complex Commun support a request to establish development and operating agreement with Berdick County Commission for the Egg and Equestrian Center, uh, project at Missouri Complex.

01:28:40,970	I spent a little time and talked with uh state’s attorney lawyer as well, uh, and she agreed that it would be good to have an agreement between both parties so that each group knows what their responsibilities are, as we start, uh, bidding and putting this project together.

01:29:02,330	So what I’m asking you, um, for approval, uh, is to allow uh the, the egg and equestrian. uh center, as well as the Missouri Valley Complex Committee and myself to work with the state’s attorney lawyer to draft up this development agreement, bring back that agreement to you, uh, for your approval.

01:29:20,600	So tonight is just a request to allow us to create that document. And I think what it does too is provides an opportunity for the commission to get a better picture of what that facility as a whole will look like for the benefit of Burleigh County residents. Yep.

01:29:44,470	Well, I have a I, I talked to Ellen about this before the meeting The Sentry code says you will be a fair ground nonprofit fairground board to do this, and the problem that I see here, you’re trying to do something that probably shouldn’t that isn’t going to be done right. and from my research, uh committees cannot make agreements with like the county, unless there’s some changes involved.

01:30:23,470	Would I be right? I’m at, uh Centrico 11:25 or 11:39. Oh, they’re throwing around big numbers. What’s that? Nothing. I’m just joking. No. But my, what I’m getting at is whether, you know, I’m for this or against it, uh, it’s uh.

01:30:56,100	it’s got to be put out and it’s got to be done that way. Now, if you don’t, you can run into some trouble because there’s an advisory committee, while they have no authority. Correct. Right. And it comes back to us. So then you have to go they can, you can advise us, but you can’t get in agreements. Correct. And you’re asking for.

01:31:13,170	So you need to change that board over to a nonprofit. No, my understanding is what they’re asking for is so they’re, there’s a uh an entity that wants to put an equestrian park at that location and so that the the um development and operating agreements would be between them and the county

01:31:32,330	commission. And so the advisory board is asking whether or not they have permission to work with me, um, as the liaison between the two, entities to give me the information that I need to present a development and we’re operating agreement on behalf of the Commission with this other entity, not the actual board themselves entering into the development

01:31:53,370	agreement or the operating agreement. See, that’s the run. That’s going a lot wrong, wrong way round the barn, that’s what I’m worried about. I don’t know why do we need this Well, for me personally, I think it’s, it’s very important that the county, um, a manages the construction project, right? So

01:32:11,900	this is a building that’s going to be built on. But it’s a building being built on county property which will end up being county property at one point. I want to make sure the bidding goes through our system. I want to make sure the construction is managed by our staff or by, by, by the county.

01:32:29,500	I want to make sure that we’re all in agreement as we’re moving forward that even though they’re raising the money for this. this is managed by us. This is, this is something we’re gonna make sure is done according to how we want it done.

01:32:47,070	Great examples so we don’t run into a situation like the 4H building currently is under. Yeah, you’re building, you give it to the. Exactly. This is ours. I don’t worry about. We’re, we’re we’re gonna that’s not going to happen. That’s why we’re putting this in place.

01:33:01,330	That’s why we’re putting in this place to prevent issues like that happening. Yeah, I think we need to this is for Burleigh County residents. We need, we it. E could probably speak to this. but we need to move out of that 4H building. I’m sick and tired of looking at the $6000 rent all every month.

01:33:20,270	Well, and that’s part of the discussion is if we’re built, if, if we’re managing the project and we’re doing the right projects so we can encompass the 4H and whatever that building needs to look like.

01:33:36,900	There 4H is requested access to be able to have their programming, and that’s part of why we want to build this facility that’s why we want to do this with us managing it and do it correctly so that we can figure out what are the components that need to be put into that building, is there a 4H component? Is, are there other county entities that, that is that the extension, we want to give all those access and the ability to locate those

01:33:55,370	there with the right project. And I think this agreement that that Julie will help write, uh, protects the county the most, correct.

01:34:13,170	Well, the, the thing there I’d like to help with this thing and I will, if, if, but in that agreement, the original agreement was, this was not going to be built with county funds and I’m gonna it’s not going to be built with counties. It’s not gonna be built with county. But as far as helping, I don’t have a problem with that. I don’t want to be. But that’s got to be very clear, correct, correct.

01:34:24,900	And that would be the purpose of doing uh an operational and a developmental agreement. This was solidify who got what and who’s in charge of what and how we proceed. We’re protected. Yep, yep.

01:34:48,270	So I would move that we uh ask uh the state’s attorney to work with the entities to create the development operating and operating agreement that will be brought back to Burleigh County Commission for approval. Se. motion to second, any further discussion? Caro. Comm Schwab. Oh boy Yes Mister Woodcock. Yes. Comm Munsen. Yes. Comm Bakken. Yes, Chair Bittner? No.

01:35:13,530	just for the heck of it I knew that was gonna happen, so, you know. before we get off this thing, what’s confusing on this uh, you got the Horse Committee in the, in the uh Missouri Valley Committee and one asks the other, which comes up, and this is what we have to avoid. Yeah, I think it’s, I think it’s getting too convoluted here.

01:35:35,800	I think we’ve, we’ve, um, experienced some mission creep out there. Um, but anyway, um, it’ll come before the county Commission, at some point in the future, and I think with the state’s attorney involved we’re good, so. um, we’ll move on, uh, continued ETA discussion. Um, did you, I, I didn’t have that done.

01:36:03,630	Did you have an opportunity to watch last night’s meeting? I did not. OK, so when I tried, I tried watching it live because I had time. But, uh, it got preempted by Mandan’s City Commission on Dakota Media Access. So, it was later, it was scheduled to start at 5 o’clock, not 4 o’clock, because we wanted to open it up for more residents.

01:36:24,430	Um, had a great sampling of uh county ETA residents voiced a lot of different concerns, um, had an opportunity to go through those, and we’re looking at, Mark, what was that date again? Do, do you recall Uh it is, uh, Wednesday, September 17th at 5 o’clock.

01:36:49,470	OK, so we would like to reconvene both commissions. Um, the city’s put out a map, um, and a potential viable pathway to get about 95% of the county ETA residents out of the city’s jurisdiction Um, they’re more concerned just about their land um, issues We’re, we need to reconvene the entire commission, go through what that plan looks

01:37:14,330	like so that we can put our input, um, Mitch and I had spoken to. We would like to put together a, um a ETA service committee to bring in some different, uh, entities. That is an opportunity to, to put that together at that commission meeting as well.

01:37:34,900	Uh, the Joint Commission meeting, um, but we actually had a pretty good discussion and some pretty good action items moving forward on how to mitigate what the, um, concerns for the county and the residents of the ETA look like.

01:37:59,500	Um, one of the things I pushed the city on that really the place we need to get to is the city’s comfort level with allowing us to manage county property that currently resides under the ETA so that the city has a comfort that the permitting, the zoning. it all matches and we’re doing what the city would be doing anyway, but we’re going to save our residents money. So And headaches. And headaches. So.

01:38:23,430	We, that’s where we’re trying to get to, um, but I, Comm Munsen was there last night. Mitch was, was there and, and had an opportunity to broach the, the planning on this, but I, I, we’re moving in the right direction in my, my now it’s a question we need to get back together as a full commission.

01:38:44,170	Now, what that’s also going to provide is if we can get to that level where that comfortable level exists. Some of the roadway issues will clear themselves up. The vacating the areas that were on the partial map that we ought to see last night.

01:39:01,870	um, are going to mitigate what we do with the roadways, what we do with water issues and it’s going to be a better scenario than what we’re currently sitting in. But the next step is who’s available and reconvene both commissions again because I, I think in Comm Munsen, you can probably back me up on this.

01:39:23,170	Um, I, I felt really good after last night’s meeting that we’re going in the right direction. I, I will back you up on that because I felt a lot better last night than I did the last meeting, even though I wasn’t in attendance, I was listening. um I found a lot of value in last night.

01:39:40,800	I, uh, as you said, I appreciated the residents that came to speak, uh, to give us the four instances so that we have more items to look at. Uh, I was very impressed, and again, I wish it would have been a bigger map, but we got a partial map of their thought process of, of what they would eliminate from, again, it would

01:40:00,070	be another negotiated line, but it would be a lot smaller, uh, than what we’re currently dealing with. And so I was very happy with the outcome of that meeting. Not a foot, Comm Schwab. I was, but, but that there’s some areas that it’s less than 1 ft.

01:40:18,170	Good job, you know, the, really, the point is we don’t, we don’t want to leave any citizens behind. No, no. You know, we, we just don’t wanna do that, so we gotta make sure that um uh citizens that are outside the city limits have the kind of, of, of thing that we understand that they’re concerned about.

01:40:35,800	Well, and that’s the, the comfort level side. That, that’s why before I forget, before I forget, I did get an email from um, I think it was a Hay Creek Township supervisor that if we’re going to do some sort of a committee, and I hate committees.

01:40:55,000	I just think it’s a, you know, we need to probably meet again as a joint, uh, city county commissions. And that would be discussed at that there was a township supervisor said if we, if we do create a committee that, um, she would like to volunteer to, um, serve on that from a township perspective. And, and I think that would be fine.

01:41:11,870	I’m not suggesting we do a I’m not suggesting we do a committee, but no, more, more of a working group to, I don’t know if we need that. I think we have a, I think we all have a pretty good understanding of what the issues are and and what we need to hammer out.

01:41:22,800	Well, we’re the ones that are gonna be making the agreement with the city, so. I think you’re right on, on this. I mean, we’re at the point where we should concentrate more in moving forward because we’re going to have to set timelines up and when all this stuff happens and we, we don’t want

01:41:44,600	to just No, and I, I don’t, I just don’t think we need to have a committees involved. I think this is, this is at the commission level already. Yeah. And I, I think we work it out between the two commissions, um, because we’re all talking about the same citizens here, so.

01:42:00,330	Yeah, and I don’t like committees for the simple reason which brings up another thing about your committee I can’t find videos on the meetings. They’re being taken. Well, they’re not being put up. OK. Well, I had a conversation with one Guy today, and, um, um, I haven’t been able to find them either.

01:42:22,600	No, and it’s supposed to be, we were promised sound Yeah. and video and nobody I’ve had calls and I’ve kind of ignored them, but I shouldn’t be because it’s said, well, they’re gonna get up eventually, but boy, they haven’t been up. for a long time. Yeah. And it’s time to get that squared up.

01:42:41,270	Um, and we’re not going to be leaning on IT or the emergency manager for babysitting this stuff, um, for whatever reason, it, it has not been happening. I will, I will work with aeronskowski to make sure they get it. OK. Yeah. And make, make it easy for him to go to the website. Yep.

01:43:02,630	And Find him. Ed. Um, I’m going to add something here under other business when we get there. Anything else on this, um, particular topic? I think it’s great, I think the next step is to simply schedule another OK. Um, and.

01:43:18,170	If they’re providing a map and you’ve seen it and we’re Audor Spoonskowski will be sending out that invite to see who’s available for that, and the 17th again, right, Mark? Uh, correct. I, in fact, I’ve, I’ve spoken to every single Comm, uh, yet, except for Chair Bitner. I haven’t spoken to him yet. OK, uh, cause that’s what worked out with the city.

01:43:35,730	If, if we can work that out with us, then. What are you, September 17th, 5 o’clock. Yeah, I’m good with that. I don’t have the clock. I don’t need it. So, if, if you wanna post that and get back to um administrator Tomonic and get that squared away. Will do. All right, thank you. OK. Good.

01:43:55,470	We’re moving forward. Comm Woodcock, you had the item for budget discussion. Thank you, Mr. Chair. Uh, I just put it on there because our final budget is next meeting, which is the 21st, I think. And we haven’t made any changes from the preliminary budget that we presented a month ago or whatever.

01:44:12,730	And I’ve revisited my portfolios, and we have, I have no changes I want to make or anything, but, uh, if we’re going to make them, we just have to have it on the agenda to, to, uh, do something if necessary, but as far as I’m concerned, there’s nothing I

01:44:24,270	want to change. I don’t about anybody else, but oh, I think there will be some changes. Yeah. Pardon me? Um, there’ll be some changes. I can guarantee you that. Yeah. I’m going to, going to have to be. It’s going to be changes some pretty big ones coming.

01:44:39,270	at the final meeting And that’s my point. I’ve been, my, my point is, why do we wait till the final meeting to do it where we could be. Well, everybody’s aware of the garrison diversion, that’s gonna come up. And I’ll tell you, the other one that’s gonna come up is Break apart for this health department.

01:45:00,170	Oh, see, that’s something we should be discussing, not wait till the last minute and then. Well. Have a critical vote and, and we don’t know what we’re really doing. I, the county, the county, well, let’s discuss it. The county needs their own health department. OK, I’m gonna be late for dinner. You, you, you’re going to resign.

01:45:19,370	No, he’s going to be late for dinner. And the reason for that, is when the health department director was here, she wouldn’t answer questions, and she didn’t get what she wanted instead of running around the barn, she went right through it to the city and used us as a bank.

01:45:40,100	Promise them money that are in our accounts to pay half of it back to the city once she gets it. Well, the problem is, she’s not authorized to make them kind of decisions. So if she wants to hand out needles spaces to shoot up. and do all of this crap.

01:46:00,630	I’m not going to support that, and I think we should cut that budget. period I mean, if you can go and you can waste $50,000 of county money and city money to get an approval to do something that’s not going to happen. They’re not taking, they don’t, they’re not.

01:46:23,370	they’re not looking out for the taxpayer and what she said at the end of the meeting, everything runs through her her department, like, hey no matter what you say, well, that was pretty condescending, arrogant, or whatever the hell you want to call it, I would not put up with that. So that’s one that needs to be cut.

01:46:44,970	We, we shouldn’t, and besides that, they want to double that budget. That’s crazy. We should cut it, start our own health department. And then we don’t get stuck in this building down here that’s falling apart. So, there are my two main things. You might make behea No. Well, you ask. Unless I’m just.

01:47:13,100	Well, if you want to discuss that point, we can, but we’re required by Centary code to have a health department. So, uh, we do it, if we start our own, then we’re talking about nurses and, and, uh, management and secretaries in the building and you’re talking a lot of money, which we have to discuss. We want to do that. That’s fine.

01:47:29,730	Right. But we’ve got to be aware of what we’re doing before we, well, I think the city can have their health department. We can take care of the county.

01:47:49,800	We can move a couple of nurses in the, in a secretary in, in the, uh, Provident Light Building and everything will be well And then it isn’t like we’re going to spend $2 million to do this. Maybe we’ll have to hire 3 people, but when I look at that budget in a way this commission was treated. uh, 540,000 is what their budget was, they believe, and she wants to go up 500,000. We can afford to run our own health department.

01:48:14,900	And if city people come over and want to use it, we let them. They’re all, they’re all burly called resident County residents, so, yes. Yeah, it But I, I would echo a comment in the concern about the treatment of the county commission there with that, those kind of remarks I thought

01:48:30,600	were out of line. That was so arrogant and in your face. And I think I told everybody that, you know, after that, we were talking about a comprehensive plan.

01:48:52,370	I literally went to Grock AI and then typed in that community-based drug addiction treatment, triage center, comprehensive plan, and in less than I don’t think it was 10 seconds. It had a complete comprehensive plan. for that exact thing, for free. I mean, it was many pages, it was, it addressed. to me it looked totally complete but it didn’t cost anything, so I don’t, I don’t know where you, I, I don’t know.

01:49:12,730	I just think we’re spending money unnecessarily and and and furthermore, Burleigh County has um more of a need for enhanced programs. enhancing existing programs within our own detention facilities for the people that we actually um, have custody of. Um-hum.

01:49:43,070	And people were I believe that we can make a difference in people’s lives by enhancing existing things within our walls rather than going off on something because, you know, while the triage center and may have merit. The fact is, until somebody wants help, they’re not going to accept help. Right. And so I think that we, we’re better off because it’s such a limited pool of money.

01:50:00,270	I mean we’re not talking even a couple 100 grand it sitting there and you your shelter model, which is. Yeah. I mean, that amount of money isn’t going to do anything but commit more money in the future.

01:50:14,000	So, and that’s money that’s gonna come out of taxpayers’ pockets, and I’m not sure they’re ready for that bite, but I do know that that amount of money can be used to enhance existing programs that will make a difference in people’s lives. Correct. That we know about. So I’m I’ll get off that subject right now. Anybody else have anything you want to add? No, I started enough trouble.

01:50:30,530	Um, and you made me late for dinner. Thanks. Well, and, my portfolios are good as well. I, I’ve gone through them with a fine tooth comb. We’re, we’re good, and we’re lean, um, but Comm Woodcock brings up a great point. Those discussions should happen before the final budget meeting.

01:50:51,900	We should have those, um, discussions at the table to start addressing areas of, you know, what are some of the concerns other commissioners may have with certain budgets and certain portfolios as far as the finances, cause it makes for a, a much painless night on the final budget night.

01:51:13,370	Um that being said, um, one of the things in you and I discussed, I believe you’re already working on that is some sort of a punch list from Lee. Um-hum. For us on the final night. It would have been nice to have been able to take a look at that. I didn’t know time and dropped the ball.

01:51:29,270	I just, I know time constrats, but you know, that would, would have been a good discussion a month out or so leading up to the budget, but we’ll get to it on the budget night.

01:51:45,800	Um, but having that to be able to work off of and we um, our finance director has found some, some holes such as the boat ramp in Driscoll and things like that that we need to address. We, we have something in the budget, if you look at it. A boat ramp at wrist. Yeah, right.

01:52:02,470	But, but things like that that are finance director can bring to the table as a punch list and go, OK, yeah, we don’t need that. Yeah. Here, here’s some of the areas we can save, save money for taxpayers.

01:52:18,070	We’ve already, he and I were already having discussions about that, and I, I think it’s fair for him to be able to just provide information for informational purpose s Correct. I just didn’t ask him to do that yet, so. Yeah. Yeah. We’ll, we’ll, I’ll work with Leon.

01:52:33,900	But I know last year we also started a month ahead of time and literally made motions at this table to remove things from the budget, as we got into and I liked that last year because it gave us that final night wasn’t such a massive group. And it gives us an opportunity to do a little research when needed. Yeah. So. Well, if you wanted to schedule a special meeting or something. We’re got between here. Yeah. And Mr.

01:52:52,230	Chair, it gives our, our department heads a chance to defend themselves as to what they’re proposing or whatever. Uh, we don’t want to wait till the, uh, really don’t want to wait till the last minute, and we’ve got 1015 departments that we have to settle, one at a time, and, uh, that’s going to be very, very difficult.

01:53:08,730	We can, we can always have a special meeting after the 17th. We got to approve it by October 7. Whatever the October date is, we do have a couple of weeks left, so, uh, but we’re not infallible either, so if we go ahead and cut something and a department head can validate it and you know, we don’t catch everything on the surface

01:53:27,270	either, so that does give some recourse for department heads to, to be able to state their case and and state their position why I would hope in the long run that’s going to wind up saving county money.

01:53:46,470	so sometimes you have to spend money to save money, but, you know, so that gives a, a recourse for department heads. But Chair, I do like your idea. You know, we, our final budget hearing is the next meeting, but we don’t have to have our final budget until the first part of October, so we can have another special meeting afterwards to finalize some of those details.

01:54:05,230	We, we’ve got time yet. Yep, yep. It’s just so we’re required to put out notice. Um-hum. And do all these things and, and, frankly, if people are going to attend that budget hearing.

01:54:20,100	I’d like for them to be able to hear the things we actually talk about and you know, it’s not everybody catches every one of these meetings. OK, anything else on that subject? Yes. The Comm Schw at the final budget hearing, we can still cut the budget, right? Oh, sure.

01:54:39,100	Um, so the thing is, uh, Mark and I are working on the skerison version that would be kind of hopefully an eye opener we’ve done, but uh we weren’t ready to bring it tonight Sure. So you’re aware of that. I’m, I’m, I will not vote for the budget if Garrison Version gets a dime. But you can. Uh, let’s, let’s talk about that just a little bit. Yeah.

01:54:52,170	Um, because to be honest with you, gentleman, what are they going to do if we don’t You know, we, we could have it in the budget, but just don’t send them any money.

01:55:08,730	Really, what are they gonna do? Well, I, I would hope that you loop state’s attorney lawyer into that conversation because there are she’s, she’s been OK, so. She’s been warned OK. It isn’t going to be pretty, but it’s somebody’s. We got to do it. I mean, why are we giving them. Well, here’s part of the $00,000.

01:55:28,470	Yeah, here’s part of the reason why I agree with you on that, but there’s more reasons than this, but when, when that garrison diversion was originally set up. There was a specific thing that they were doing in the law, that that’s what the counties agreed to support. This was irrigation water for counties.

01:55:55,630	And sometime later, according to information from Comm Schwabab, there was a mission change where they went into this recreation funding and this other stuff that really has nothing to do with the original mission It has to do with, um, I don’t know, justifying their existence or, you know, because they’re not, they’re not getting any more water to any place.

01:56:12,900	Now, if we were like over in Montana, where you’ve traveled around in Montana and they got literal canals and little ditches and things, sending water everywhere to all these farms and all this stuff. That’s not happening here So all of this money and what is it, um, a mill or 211 meal. One meal. One meal. 7. Ands essentially, we’ll get $13,000 towards the picnic shelter or something someplace or maybe um pickle.

01:56:35,800	You know, cause a mill is 770 77 700, whatever,,, 1000. And C of Bismarck, Parks and Recs got what, $160,000 irrigation project out of that. That never happened. Uh, well, and then it never happened, right. Well, when the money got spent elsewhere on something elsewhere, so very hard. So, so the point is.

01:56:58,730	why have it? Why, why spend that kind of money? and what’s worse gonna happen? Well, and that brings up another question why you have to always be guarded about paying future commissions’ hands to decisions you make at the table, that’s my next, that’s my next subject. You’re under other that’s why. That’s exactly why.

01:57:13,900	That’s exactly why, because, see, I wouldn’t necessarily have a problem with it if we were actually getting the irrigation water as promised under the original agreement. What the problem is, is that they changed their mission. Well, so wait a minute, Woodcock like public health.

01:57:29,630	One thing we have not even talked about, if you read in the paper and listening to the news, they’re putting in northwest of Fargo on one of the great big what they call me AI centers, whatever it is, it takes a lot of lot of water. Now, where are they going to get it from? Red River.

01:57:44,700	Well, if this, if garrison diversion is pumping water from the Missouri, at our expense, we’re getting nothing out of it, and they’re pumping it over to put it into the Cheyenne River, which runs into the, the, the Red River to give them water. I mean, that’s, then we’re really well, donating, so to speak. Right. The point, the point to look at, and it’s so obvious.

01:58:04,870	The federal government has abandoned that project and if you I remember way back when I was young, everybody, everybody got a Democrat, Republican, we’re always voting. You got to get that garrison diversion garrison where you remember them days? That was the big topic all the time.

01:58:23,000	The state, I don’t think there’s anything they abandoned it. and use it just for a pass-through for projects to make them relevant. So you got an office in Mayna Garrison in Bismarck What do you offer for it? They don’t do anything.

01:58:46,530	but they, they can collect a certain autonomous gover government using us to collect their taxes is basically all it is, but it’s a federal government says, hey, we’re, we’re out, well, stick us with it. Come on. Yeah, well, it looks like that’s what’s happening. OK, we pretty well beat up the nician.

01:59:06,800	I, I know, I’m on the water board, so I sit right next to the water guru of North Dakota. He’s outstanding, just great. He is a big supporter of garrison diversion. I think he, I think he sits on the board. I want to, like, would like to invite him here to have him defend Garrison diversion because there’s a lot of things that they do that we don’t know.

01:59:21,800	And I, I, I’d like to. That they don’t want us to know. Well, that could be whatever, but he, he knows everything about it, whether he wants to do it or bring in somebody from Garrison Diversion hierarchy. I’d love to have them come here and Certainly make that. Yeah.

01:59:37,100	Make that, make them aware of it and see what’s, I’ll do that. Cause otherwise, I think I know what I’m doing. OK, other business. Um, I saw an ad in, uh, public notices today that talks about cutting weeds and grasses, weeds and tall grasses in the highway right of ways, um. and if, and if that’s not done.

01:59:57,530	that, um, the cost will be, it’ll be done and the cost will be put back on people’s taxes. Right. And then what concerned me, is that on the bottom it says by order of the Burleigh County Commission. And you’ve been here a long time. Yeah. And I’ve been here a long time, and we’ve never discussed that.

02:00:19,070	Never. Never heard of that. That’s not. You never heard of it, right? So I’m wondering how did we get how do we have a notice to the public by order of the Burleigh County Commission, that we’ve never, Comm Wood.

02:00:34,870	I know that’s a, I know that’s a, a city ordinance, and the city does that because my dad had some property. He never would mow the weeds. We waited for them to do it and just add it on to his taxes. And he, he was comfortable with that. But that may be a city notice and not a county notice.

02:00:47,700	Maybe said by order of the Burling. I know it does, but that may be a mistake. I don’t, don’t, uh, I, cause I’ve never heard of it. We’ve never never done anything like that I mean. I’ve never. No.

02:00:58,100	So, that’s a, that’s a standard notice that’s been sent out every single year by the Commission or by, by the auditor’s office via the commission, um, it, it happens every single year, it’s required by law to send that out. Um, now if the Commission wants to change how it’s written or there can be different deadlines.

02:01:14,000	The deadline can either be at the end of September or in October. If the Commission wishes to change how that how that has functioned, they certainly can, but that’s basically a form that’s been sent out annually every year Well, my, my point is that it is not by order of this commission at this point,

02:01:31,370	because none of us have voted on that thing. So just to, I don’t know. I’ll review that and send it over to you, Comm. I know the city enforces it, whether it’s in the city, yeah, but, but I’m talking about in the in the counties and the townships and whatnot, because it seems it makes it sound like

02:01:49,730	we’re out there telling people, you better get your mowing done. I think that might be a state statute, the county does, the county does the top cuts on all of our roads anyway, and that’s a safety thing. And so I’m not sure what we’re even talking about. by asking somebody to mow something.

02:02:06,800	Now, weeds, I can understand if you, if you don’t want them to, um, you know, spread seeds and whatnot all over the countryside except that there’s ditches that ditches at my land where you can’t mow it. Yeah I mean, my machine’s slide off them.

02:02:25,530	I’ve got, I’ve got some pretty good machines and then you, they can’t be moved, so I don’t, I don’t know. That’s in, uh, Centricode chapter 63. Well we don’t have to enforce that We can’t. Well, we never, we never approved it. We get it. You know, it’s a notice that says by order of Burleigh County Commission. So.

02:02:48,330	I don’t, I don’t think we need something being published that’s, that’s, um, by order of the commission that we never even considered, so. Should be by order of the North Dakota State. Well, that’s depending on, I don’t know, but I just wanted to bring that up. It’s the only thing I had anybody have any other business, Comm Buckley.

02:03:03,600	Um we will get you out of here in time for dinner. Uh. Unless there’s, unless there’s a representative of, uh, Summit carbon Solutions here. And there, there’s not. OK, thank you one more. I’ll tell you what, I hear one’s coming next week. Right. I’ll take I’ll them off.

02:03:24,900	ur Bitner, there was a malfunction with the door locked and there was a citizen that was attempting to get in and could not get in till later. And I do believe there is a topic he wishes to speak on. OK. Yet. Oh. OK. Um, why don’t you come on up and identify yourself.

02:03:42,800	We, we thought we had that, uh, lock situation under control. Uh, thanks, gentleman. Thanks for listening to me. This will take 3 minutes. Um. my name is Bill Ken. I live on Highridge Drive, which is north of 18004 on Ridgeland Drive. And um I want to thank the Commission for making plans to redo those roles. I think that’s really good.

02:04:03,730	I support you 100%. The other thing is, if you go on Ridgeland Drive north out of uh 1804, there’s two culverts there. and the intake on each culvert is 2 ft below the elevation The discharge is 2 ft below the elevation, and there’s big holes there. Now, I don’t care about that.

02:04:23,900	It doesn’t affect me. What I’m curious about, is there any liability if a child goes into those holes and drowns. So anyway, I, I took some pictures of this. I can, I’ll give them to you. You can, uh. We’ll, Marcus will go up there and check that out. Yeah.

02:04:46,330	Anyway, just, just, if there’s a safety concern, we dangn sure want to know about it. And so P, pardon? I say if there’s a safety concern, we dangn sure want to know about it and we are now. Oh, I see. Yeah, anyway, uh I see what he’s talking about.

02:04:56,730	About a year and a half ago, I was on my way home. It’s a little boy coming down the ditch. stopped my car, jumped out, I grabbed him. He’s about 2 1/2. So, where are you going? I said, I’m going to Grandma’s.

02:05:12,530	I looked around So I picked him up and started walking up the hill went from house to house, sure enough, when Grandma came to the door, she about fell over This whole thing about the culverts doesn’t bother me, doesn’t do anything, but I think for safety and liability, the county. uh, you might be interested in that. Anyway, that’s all I had to say. And thanks. Thanks. Thanks for listening to me. Thank you. I appreciate you bringing that to our attention.

02:05:29,900	That’s a big deal. Marcus, you know where, understand where he was talking about, OK. Thank you. Any other business, um, I think these are pretty much the same. There’s one thing I want to get the market is the guy’s first went around Are we Adjourned? No No.

02:05:53,530	Mark’s got one We need All right, uh, Chair and Commissioners, uh, it’s the time of year where the Commission needs to assign a delegate to the North Dakota Association County’s annual conference that’s gonna be held on October 26th through the 28th here in Bismarck.

02:06:11,530	So, um, I, if you, if it does help, I did talk to Missy Hansen, the Burley County Recorder, who has been the delegate in years past. She did give me permission to nominate her. Oh, volunteer. Volun Commissioners Volun as Volun well, so either or. Well, as if they suggest to sign a, a a delegate and an alternate. Yeah, so I’m already signed up, so I can be the alternate.

02:06:31,000	Uh-huh. I would approve her Good. Um, I don’t think we need a motion for that, do we? No. Uh, yes, we do, in fact. We. Motion to approve her. Second, motion in a second to. approve Missy in absence. further discussion.

02:06:55,530	She’s not here to defend herself, so Sorry if this upsets you, Missy, OK? Any discussion, Kral. Comm Schwab. Yes. Comm Woodcoxox. Yes. Comm Munsen. Yes. Comm Bakken. Yes. Chair Bitner. Yes, motion carries. Congratulations, Missy. Great campaign. Anything else for the good of Burig County? We are Adjourned. Thank you,