00:00:06,470	Everybody. Go ahead and call them a board meeting of the Burleigh County Water Resource District order. Wendy you take a roll call, please? Mitchell. Here. Man. Yeah. Manager Jones. Manager Smith here. Here we have a quorum. We will continue. Next item up the approval of last month’s meeting minutes.

00:00:33,770	Be a chance to review those and if anybody has any comments or. Now will entertain emotion. Second, he had a motion by manager Smith, and then second by Manager Reep to approve last month’s meeting minutes as presented. All those in favor say aye. Right. Motion passes, means are approved.

00:00:57,230	Moving on to the agenda, any changes, additions, deletions from the agenda as presented this morning. Mr. Chair, we’ll, uh, just a brief budget item under under item 6, so, um, OK. We’ll chat about that. Add that to as an item E there budget discussion. OK. Anything else? Moved to approve as a. I’ll say that motion of my manager Smith and seconded by Man Reap to approve the agenda as amended.

00:01:27,200	All those in favor say aye. I. I. Motion passes. Agenda is approved. Moving on to comments from members of the public and associated with the project, not seeing any. We can then move on to McDowell Dan this morning. Uh, Mike want updates on the.

00:01:51,170	Letters that were mailed, they were mailed, we’ve got, there’s still a bit of time on the one letter that was mailed for them to respond, have not heard anything either way, um, the Hansen property or Southern Cross has a new owner. Um, so I’ve been in contact with the new owner and we’ll get a letter out to them and they’re open to uh. The uh opportunity for the pipeline.

00:02:10,000	They seem to be more open than uh than Southern Cross was, so. Um We just need to get them back on. They were aware they were provided the information by Southern Cross relative to the offer, so they had that copy of that information.

00:02:28,670	Uh, there was some discussion about the trees as well, so we’ll, uh, clarify that and get it back to you for a signature to send and I’ve talked to Dave as well. OK. So, I just didn’t get the letter completed today, so, OK, but it sounds good from their, their perspective. The other one, we’re still waiting.

00:02:44,030	OK, uh, the next item there, the revisions are still working on the simulation. Yeah, I’ve got that uh pretty much put together uh to just get that to, uh, Uh, DWR as part of the permit request. I wanna check the status on that. I have not heard anything from them on the extension of the. Permit timeline.

00:03:05,300	So, and then I’ll just roll in uh bank stabilization is out to 3 for quotes. That’s in your packet too, by the way, board members. We have had uh one question relative to the load limits Casey answered that and I responded to the Those in in We’re looking at bidding it or putting the quotations together relative to that load restriction.

00:03:24,870	It is in place and it will not change, so it will affect their bids because it’ll be smaller loads coming in. Um, but that’s just the way it is, so they are aware of that and we’ll just wait for the timeline for those to come in. And The bids will be or quotes will be looked at on June 10th.

00:03:39,600	We have, we have a meeting on June 11th. Correct. OK. So, then you can authorize. Um, you know, the receipt of bids then and you can authorize a word if you want to at that point in time. You have an estimate again? It was somewhere between 70 and 80,000.

00:03:57,170	I think maybe up to 86 at most. OK. Again, it depends upon the material. I do know the one contractor has material relatively close to that location, so there’s a good chance we, you know, we’ll get some better pricing. OK. All right. Probably no updates on that action plan? No, not at this time. We get that.

00:04:19,130	OK, I’m right. I do have a dam, um, the question, and Mike, we’ve not heard from Mr. Anderson? No, not yet. OK. Uh, and then Mr. Chair, what we need, what the board needs to do now, uh, I’ll just read you the statute. Yeah.

00:04:38,830	Um, if there’s no agreement regarding compensation and no response to the written offer within 15 days of receipt. Um, uh, the board must send the landowner a written request for a meeting by certified mail or commercial delivery requiring a signed receipt. So that’s the next step of the board wishes to do so, we can, we can send that second letter out.

00:04:57,630	Do we know the date of when that letter was received. It was just after this board meeting. I’ll, I’ll look back and check. I think I have that, it’s been over 15 days. Yeah, well, we actually said it longer. We set it for 30 days. OK. 15 was the minimum by statute.

00:05:13,500	So we’re probably, we’re coming up on that, that deadline then as far as what we said in the, in the letter. But Yeah, let me check. I’ll see if I can get that date for you. So, the next step would be then to. Reach out to the landowner or send another letter. Send another letter. OK. Can we also just maybe try to call? Absolutely. Absolutely.

00:05:32,500	The, uh, date of the letter was April 18th. So it’d be May 18th. But when, but I think it’s when he receives it. No, it’s the date of the letter. Oh, it is. OK. That was in receipt, but. Yeah, offers a good 30 days from the date of this letter. OK. So then, um. So May 18th.

00:05:53,070	So, Mr. Chair, should we be calling prior to May 18th or just after May 18th? I think any time between I mean today is the 14th. I mean, I would say we maybe try to reach out this week and just obviously he’s received it.

00:06:08,700	Um, we don’t have the, well, I have to check with Shawna whether we got the return receipt. Yeah. To make sure that it’s validly sent certified with return receipt. We can check on that to make sure it was. Signed for and And then maybe try to, you know, buy a phone just to. Touch base with him.

00:06:28,370	And then we can tickle that 2nd 15 days and notify the Chair too if we’ve not had that response. OK. Good. OK. Makes sense. OK. Thanks. OK. Dave updates this morning. Morning. morning, so many days. I just wanted to provide an update, uh, out at McDowell, things are going well, uh, just checking with uh David Robinson. Very busy this week.

00:06:54,370	A lot of people coming out, checking out the park, using the park, good weather, of course, uh, for this last week, so, uh, our staff is busily trying to get docs in. It’s been a little bit windy, if you may have noticed, uh, that puts a little hamper on putting the docks in the water.

00:07:13,330	We’re gonna make another attempt today, uh, see if we can get, get. Get them going. Uh, I did want to provide an update to the board on the new playground project that we had put out for bid that the board had approved in the budget. Uh, up by shelter 3.

00:07:30,970	We put that out for bid and received 2 bids back, um. I think our estimate roughly was between 120 and $130,000. I think we budgeted around 120,000. We did, we were successful in receiving the Garrison Diversion Conservancy grant, a conservancy District grant. Um So that’s a 25% match. Uh, we got that letter stating that, and that was capped at 25% of what our estimate was.

00:07:56,930	Um So the, the bids that came in, uh, the, the apparent low was a 12965848. And at our Bismarck Parks and Recreation District, uh, board meeting on Thursday night. I will be making the recommendation that that is approved and that we proceed with that project.

00:08:23,570	Uh, the 25% is capped at what our estimate was. Uh, have to go back and look at what our estimate was, and I think it was around 120,000 or 119,000 somewhere in that neighborhood, so. It’ll still bring it down below what we had budgeted with that 25% match, so I think we’re I think we’re in good shape with that. OK.

00:08:37,670	So, just wanted to share that with the board and As that was an approved project um in budgeted for, uh, just want to keep you up to date on that. Excuse me, Dave, can you repeat that number? Yes, 129658 And 48 cents. Yeah Any thoughts or questions for Dave on that? Uh, yeah, sounds good.

00:09:05,270	Um, when do you think they can? like later this this summer or fall. Well, I believe the completion date that we had was this fall, um. It takes a while talking with when we initially put the, put it up for bid.

00:09:23,900	We had a shortened window to get the playground in and I had a lot of feedback from contractors and suppliers that. They’re at a 8 to 10 week For fabrication for the just the playground equipment. Um, which needs to go in first before they start putting in the concrete around it, um. But we’re, you know, with, with a project like this, we’re not. We’re not really Inhibited by the grades, it’s pretty flat out there.

00:09:45,770	It’s pretty, it’s pretty easy. We’re going to work with the contractor as much as possible to make it fit in there, um, I think, I think it should be a good process, so I think it should go pretty well. OK. Sounds good.

00:10:05,100	What’s the update? Any thoughts, questions? Um, and question we’re going to go into budgeting here pretty soon and so we’ve got the capital improvement plan, 26, we can use those numbers pretty much as a good guide for them I think so, yes. Um. As we had talked at the last meeting, the, the 26 items, um, is what I had incorporated and.

00:10:23,800	The park district’s preliminary, uh, budget for for the uh. For McDowell Dan As we had talked, so the um. The sand, the new tractor. And um the renovation updates to the uh the shower building for the park security is that still in play? I, I pushed that one off because we, you know, I, I was going off of

00:10:44,600	the. The extended CIP. And that that goes to. That pushes that into Park security into 2028. OK, so there’s there, yeah, there are two documents. One’s through 2030 and one’s through 2032 is the 2032 based off of our conversation at the last one. Thank you.

00:11:11,800	I figured that, you know, we kind of talked at the last one that if we could bring that annual dollar amount down. OK. So I was, I was kind of going on the assumption that we needed to go with that 2030, that extended plan. So, OK. Yeah. Makes sense.

00:11:28,270	I think you know, we probably would be good either way, but, but just, you know, you can keep that in the back of your mind too. Sure, in future years if we wanna. Increase, decrease, move one thing up or down, at least now we’ve got a game plan to say, hey, these are the identified projects, um, for 2027, let’s add this into it.

00:11:47,270	Let’s shuffle this around what, you know, what are the other things that we need to do, what came up that, that we weren’t planning on, um, that is now pushed to the top of the list, so. But I think these are In conversations with David, these are the major items for improvements and to keep the, to keep the park going so. Yeah.

00:12:02,430	Yes Sounds good. Thanks, Dave. Dave, thank you. OK, we can move on to financial reports this morning. Andre As Chair board members, um, yeah, page 52 through 57 are the balance sheets. Um, and supporting information for March and April, if you recall we didn’t have our March review at our last meeting.

00:12:31,300	We had gotten some information. And so, um, we’ll do both of them today. Um, and so I’ll just go through. Some of the numbers, this is from March, um, in our checking, we started with the balance of $1.11617,400. bills in the amount of 23,000.

00:12:57,470	And we had income in the amount of 491,000, a large portion of which was a real estate tax. Um, had some pretty significant entrance by our previous standards just due to CDs, you know, claiming those through CDs and and cashing out CDs. Um, so we ended the balance of, you know, checking of $2,81,875 avera wealth account at the end of March was $1,45,823 and a reserve fund balance of 700,000.

00:13:26,830	We had at that time we had $1.3 million in CDs. Um, so a total, um, assets of Of $5,148,281. Um, I assume we can just do these uh concurrently. Um-hum. And so moving on to April. We started out with that balance of 2 million $81,875. We paid bills in the amount of $173,609.

00:13:57,230	We had income in the amount of 37. $909. Um, about 100,000 in real estate tax, um, quite a significant collection of special assessments nearly $200,000 in the month of April. For various projects. Um, we did have some miscellaneous income and DEF refund. Of about $600. OK, that was OK. We talked about that last month.

00:14:26,630	And so our ending balance and our checking was $2,216,176. Um A Bravera wealth, um, went up about $1,050,000 due to repurposing to $500,000 CDs into that wealth account, so that balance is 2 million. $102,000.10 $2,108. Um, Reserve imbalance is basically the same at 700,000, so our total.

00:15:00,970	Uh, we do have CDs and still in the amount of $310,000. And um makes our total current assets 5 $5,30039,454. Um We did, uh, we, I say we, Wendy went through in March and rebalanced, um. Special assessments and OM funds based on past activity that had not been accounted for.

00:15:32,300	Um, and so those, um, Those balances are slightly different than they were in the previous months, um, but they should be up to date now, so, um, with that, um, I’d stand for any questions, but absent to that, I’d move for approval of the April and March bounce. OK.

00:15:55,230	And motion by man Repe and second by manager Smith to approve March and April’s balance sheets, uh, I did have one quick question before we vote on that. Uh, The current interest rate, you know what that is by chance and I’m just curious. I did not check, you know, I don’t expect it’s changed significantly since last month it was slightly over 4. OK. Yeah. OK. But that, that is a good reminder.

00:16:13,370	I should do that more regularly. Yeah, I was just more curious. statement Possibly. Yeah. Cause I have that. It changes, yeah, in the 1st and the 15th of each month, so it’ll be changing again tomorrow or if it does change, um, it’s, it’s been tracking basically 4 and, and you know, I haven’t seen any significant bumps in the

00:16:35,970	interest rate industry out there if you want to say that so. OK. Right, we have a motion in a second to approve of March and April’s balance sheets. Wendy you take roll call vote, please. And Mitchell. Yes. Yes. Andre Smith. Yes. Never a burger. Yes, motion passes. Balance sheets are approved. Of at loss, Mr.

00:17:04,730	Chair and board members moving on profit and loss statements for both March and April or start begin on page 58, um, just a couple of highlights, um, as of the end of March, we’ve collected, there’s a real estate collection is about 88% of what we had budgeted or just slightly under $900,000 for the year in real estate collections.

00:17:27,100	Um, the other thing I’ll just note is that at the end of April, Um, we showed a net interest for 2025 of about $67,750. We had budgeted for $50 so that’s a reflection of those CDs um getting rolled over into a uh. very wealth account.

00:17:53,530	Um, every, everything else seems to be tracking, you know, generally according to budget. So with that, I’d move for approval as presented. Of those two statements. I’ll take it. Got a motion my manager Reep and seconded by Manager Smith to approve March and April’s profit and loss statements. Any comments or questions? If not, when do you take Rocavo, please? And Mitel. Yes. Yes. Andrew Smith. Yes. Chair Landenberger.

00:18:20,430	Yes, motion passes. Profit and loss is approved. I’ll just continue on page 62 is our pledge securities that reflect. Um, necessary for our balances, um, so those are for your information. I am.

00:18:44,970	There is Ezri renewal quote um that is to house our data at Ezri and so $700 I guess we need to approve that and um is that an annual quote? Yeah, it’s an annual fee to maintain it. OK. OK. And we usually put that on frontier’s credit card and then charge you. So this just added to the bills? It will be when we put it when we actually pay it. We’ll see you next month.

00:19:02,530	OK. We don’t need to approve that today. We just basically defer information I don’t think it’s. We can do it next month, right? Yep. I moved to um uh renew the Ezri account. OK. I think. Got to motion my manager Reep seconded by manager Smith to approve the Reup of the Ezri GIS.

00:19:28,500	Data storage Any questions or comments? If not, when you take robot please. Man Mitchell. Yes. Yes. Smith. Yes. Chair. Yes, the motion passes. And then finally we added item E, um, budget season is getting coming upon us, um, I guess we would just have a discussion amongst the board that in the past, the Chair and myself and

00:19:51,630	Wendy have gotten together and prepared a preliminary budget to submit to the, to the county commission for, in this case for 2026, so just take note of that, I guess, unless there’s any other directions that the board wants to take, but that would be the. Typical process we’ve used.

00:20:11,130	And I think it’s any impact with kind of some of the bills that came through regarding Property taxes and things of that nature. Um, maybe, yes, you know, down the road maybe but not probably nothing that to effective I mean we’re a pretty small blip on Dr Dropping the bucket, um.

00:20:30,730	We’ll be OK either way, yeah, yeah. And I, I, you know, I, last year, I think what we’ve got, what we ultimately got approved was 1.6 mils, 1.58, somewhere in that I would expect that we’d be, you know, in that same ballpark.

00:20:50,830	As a request and um you know, we’ll see where it takes us, but I You hear what they did last year is they had. We had a dollar amount that they wanted to kind of freeze that amount so I adjusted our meals down. And so, but hopefully maybe this year. Have the budget for mills. OK. All right. So, here in the next few weeks. Yeah.

00:21:12,370	And then the other thing that Wendy just mentioned too is that we um we do have reserve fund balances, one of the tasks we had discussed a few months ago was rebalancing those and maybe making them more up to date on what the future needs are for those reserve funds, so, um, we’ve, I would hope to accomplish that at that same setting and then report back to

00:21:29,900	the board. OK. Any questions? If not, extendnnis. We can move on to item 7, drainage permanency complaints this morning. Uh, Mag Jones isn’t here, but I don’t know if there’s any updates on that river Road clean out I don’t know, probably.

00:21:54,070	I think basically, well, I’ll go through these um Manager Jones asked me to kind of cover her items because she was not going to be in attendance today. uh, River Road, that’s just basically waiting for things to dry up and clean up, you know, get it started, um, it might actually flush out in the next day or so as it rains, but probably not, um, but yeah,

00:22:09,930	anyway, it’s just on hold until conditions warrant the uh the ability to go in there, um, Keelol Park, basically the 408 maintenance developer request and the easement research, um, I had an, um, individual meeting with. The Department of Water Resources relative to that location.

00:22:30,470	Uh, there’s a number of unique scenarios in there and how the easements were issued. And you know, who’s responsible for O&M, that’s still an open question, um, interestingly enough, the, the city did go back and revise the municipal 6th Plat. For the easements because they were inadequately shown or inappropriately shown on that, so they’ve updated that, that part’s taken care of.

00:22:52,700	Uh, there’s still the question of access for the stabilization and who’s responsible, um. It was kind of a general decision with DWR that um as long as access is provided, whether they provided a separate easement or whatever for access for that, that would be sufficient. So in other words, not hold the project up, but as far as who actually operates in.

00:23:11,370	maintenance side, uh, that one’s an unknown. I will tell you from my research, um, I’ve noted that that particular structure or reventment is on the aerial mosaic as a core project by date, it appears to be a garrison Owahi project, but it does not appear in the garrison ofwahe ONM manual and it does not appear in the

00:23:35,970	Section 32 O&M manual. So there’s a gap out there. I’m not sure if it’s related to the, uh, easement holders, one’s, you know, DOT and the other’s the city of Bismarck, um, the.

00:24:00,130	ONM agreement for the garrison of Wahi projects, however, incorporate section, and this is not sectioned by, you know, 408 or whatever the actual section, township and reigns, Section 33, which includes that project, which would put it under the purview of the Burleigh County Commission. For O&M. But that’s not a definitive scenario. It’s, we’re still looking into some things and have to uh prepare a memo.

00:24:20,570	uh There are requests from DWRs to prepare a, you know, if you want to call it a short chronology as to what’s out there, what we find, and then have uh legal counsel look at it and get back to them and have a conversation as to where that might actually go and who’s responsible.

00:24:36,900	So that that was DWR requesting this board with this, you know, our district to do that in essence, request for the county because at one point in time we thought it was the water Resour district under Section 33, but it, as it sets now, it’s not.

00:24:50,770	So we’ll just follow up on that and see where it’s going, so, but from the project perspective and what they’re trying to do down there, there’s been a consensus that DWR, as long as access is provided on the Platt, um, they were OK with moving it forward. It’s just a matter of who OMs it down the road and, um. They would like clarity on it as everybody would so. OK.

00:25:09,900	OK, on the, uh, next one, the hock tree HOA, um, that complaint was filed, I believe you have it in your packet. Yeah, 66 of the packet there. It’s been out there for a long time, Casey and I’ve had a number of conversations about this, um, as have Dave and I, uh, it appears in short, that there’s a couple of approach culverts

00:25:29,300	that were put in that are noncompliance with the stormwater management plan that are causing some backup, and there’s a need for resolution. I think there’s probably been 3 or 4 different plans out there for potential resolution, but nothing’s formalized.

00:25:45,300	So I guess the, when Dave and I were talking is that uh because the complaint’s been filed with the board, uh, if it’s a consensus of this board, put it under advisement, we would do our typical review and prepare a memo relative to our findings.

00:26:04,400	That there’s still like a a jurisdictional question here, right? And that would be once I, you know, put the information together for Dave, then Dave can look at the jurisdictional question as to whether or not they’re determined obstructions or uh jurisdictional obstructions that this board could act on. OK. Uh, yes, Mr. Chair, I think jurisdiction is a real issue here that we have to sort out. That’s the threshold before we get to the mechanics of it.

00:26:23,700	Um, and next month, uh, Mike and I can report to the board as to what our conclusions would be. What is the jurisdictional question? It comes of who’s? Well, here’s the scenario, in short, you have a Township Roadway That was constructed as part of a stormwater management plan.

00:26:50,300	The stormwater management plan calls for the rerouting of the natural stream. Along the roadway rather than across the golf course property, in essence. In doing so, um, you convert potentially. The natural stream into an artificial watercourse, which is the roadway ditch, and then now there’s been private culverts installed via approach permits within that artificial stream, and those are the ones that are actually holding the

00:27:14,300	water back. So the jurisdictional questions between county and township. Um, well, it’s. It’s township issue because it’s their roadway. The private individuals put in the pipes.

00:27:37,830	So the private individuals are responsible for their own pipes, not the Township, the jurisdictional question comes from the standpoint is if they put those in too high as in any culvert or any installation, do they act as an obstruction to the watercourse, which drops into this board’s purview as do you have jurisdiction of that? Got it. Good. Thanks. Or as I, I will just caveat this based on the overall picture.

00:27:55,430	A lot of times there’s all kinds of things happening within the city of Bismarck or different areas. Does that, the board’s jurisdictions saying, hey, wait, no, this is the, the city issue or this is a county. issue and the, and the water resourceur district does not step in. So those are questions that we need to resolve. Yep. But I think the issues, Roger, it’s clear as mud, right? Right.

00:28:17,870	I think this scenario here, there’s a lot of history, Casey and I’ve been back through this. I think part of it is you’ve got multiple emails and multiple discussions and different pieces and what’s Uh, an opportunity for this board, which you typically do is get your arm around the whole thing, put it all together, document the memo, and then here’s the

00:28:34,970	evidence and then, you know, recommendation from there. So there’s a document that says here’s where it’s at, and I’ll do what needs to be done or. Do whatever, so, OK. Any questions or? OK, with your consensus, we’ll take that.

00:28:56,300	Uh, one item that’s not on here, it’s uh I guess it’s a, a complaint that new out there is there’s a sheet pile we’re on Apple Creek south of the USGS gauge that’s, uh, apparently causing some erosion. The erosion’s been there for a while, and we just started in the last couple days researching what that means. Uh, we’ll report to you next month.

00:29:15,970	There’s no formal complaint out there other than through a landowner request for information, so. OK. We’ll dig, we’ll dig into that and, and get more, so. OK. Thanks, Michael. I think ultimately those historically those have fallen to water resource districts by default.

00:29:36,100	If they don’t identify somebody else, and so even if they are federally funded, namely the WPA CCC dams all fell to the water resources because that’s my uh That’s my fear. Yeah. Yeah, here, in this particular one, they’ve classified it according to DWR and Aaron Carranza basically conversation through the US classified this as a, uh, a low level high hazard dam or a high, you know, because lowheadam and there was discussion about whether or not

00:29:57,100	it should have been. Um, signed. As such Probably should. So, I mean, so there’s a number of issues out there that we’ll have to step through. we should and, you know, you know, they do have a program to Remove any safety hazard associated with those things, so I mean that’s another thing that.

00:30:16,430	If it does become our ownership. We might have to consider that. And my understanding talking to the GS just verbally, and they did provide some information. I haven’t gone back and look at that they knew it was out there and DWR assigned it to them. For whatever reason. So, um, Yeah, I looked in there.

00:30:36,200	I have an inventory of dams that didn’t see any, didn’t see that one in the, in there, and so a lot of times that has a designer in there and I didn’t see that dam in there, um, so. It was built in 1980 according to their inventory, right? OK. So, it’s pretty good.

00:30:54,870	And it does, my understanding, it does provide some benefit to the um current gauging station and FYI, um, this board. Um, pays for half of that maintenance of that gauging station on an annual basis, so you’ve got some involvement in the And the gauge how that relates to the structures, you know, we’ll have to. Have to look into it further. OK. All right.

00:31:20,100	Thanks, Michael. Yep. Any questions for Michael on those items? Uh, if not, we can move on to projects this morning. We do have Hogue Island on there and I’m like if you want to get aboard an update based on kind of some emails and conversations we’ve had with one of the landowners out there. Yeah, I can, Mr.

00:31:37,530	Chair. Um, obviously the access easements we have not done anything with those. Those will come up as, as time permits, um, but there was one landowner that um sent some information in and said, hey, um, this wasn’t completed or there was some additional rock that was supposed to be put in here, um.

00:31:54,070	And um Kind of sounded like they were disappointed in what was going on, as it turns out, you know, visiting with Travis and and others and looking at the actual record drawings, that particular location, um, we put additional tow material in to stabilize it, it’s there. Uh, we went out and looked at it. Nothing’s really changed.

00:32:14,870	It’s stable. Um, but the upper portion of the bank, they didn’t want the rock place there because of cost issue. They did not want to be assessed that additional. Now it’s almost like, uh, deja vu what we’re sorry.

00:32:29,800	we really would have liked that rock, but there, and it, you know, it should have been like everybody else’s and it’s kind of like, well, no, we didn’t do it because it would have cost another, you know, X number of thousands of dollars. So that was a negotiated decision in the field that was actually on the plan set. For original construction. So they did get all the protection that was intended.

00:32:45,870	Uh, they just didn’t get the rock now that they seem to want after the fact. Um, obviously, the assessment district is closed, you don’t have the ability to go back in and and reassess or put materials there. It sounded as though they maybe were going to be doing some of that themselves.

00:33:05,030	Maybe they don’t want to know, uh, but it becomes not unlike the the access or the Access easement discussions, those Private pieces of that project are the individual landowner’s responsibility to maintain. So I think the scenario James, you and I talked about is probably put together a letter summarize this scenario and send it to them. I can tell you that Jayden was on site.

00:33:27,500	He took some additional uh photos. He knocked on the door. They were both out there. So, you know, the inspection is taking place with their attendants. OK. OK. Any questions? Yeah, if not, Michael and I talked, we thought maybe just uh.

00:33:44,800	brief summary letter just kind of summarizing some of these thoughts and then send that to them it’s kind of a formal step, and I, I would like in a very similar to the, to the protest that was put forth on the, on the north end. We’re just documenting background on how things occurred and sent it to them and say, here’s where it’s at.

00:33:58,030	Yeah, and I, I would like to see, you know, commend that Houston kept track of all that information and documented that, so it was pretty clear we went back and looked at the document. This is what they wanted. This is what they asked for. This is what they’ve received.

00:34:12,830	We did basically everything we were gonna do, so that made it very easy to step through. So the protection, the protection was shown the additional protection was shown on the plans, but during construction, they said, no, we don’t want that additional the The higher part of it, or was it caught before design was finalized.

00:34:32,570	It’s on the record drawings, I believe that was actually caught before it went out for, for bid because it was on the, on the, it was specifically noted on the legend as to that’s the only work that’s gonna be done on that side of check. Now based on those meetings we were having trying to reduce some of those costs, yeah. So, very good point on timing. Yeah.

00:34:49,730	Very good. OK, we can move on then to Apple Creek slide this morning, Michael, if you get an update for Roger. Yeah, I can, I, I’ll touch on that. I’ve been seeing Roger on different things, um. The HMGP grant has been submitted to FEMA.

00:35:13,930	Uh, we’ve resolved all the questions from DES, um, they basically, uh, said to go ahead and start the non Uh, ground disturbing activities, so both Braun and BGC have been on site. They walked through some things, they took a look at it. There’s a number of questions that, um, we’ll be referring. In fact, I talked to West this morning.

00:35:33,570	Uh, we’ll be referring them to bar to respond to, uh, obviously trying to Coordinate what they’re doing versus what, uh, what we would be doing as far as the overall look and the collaboration on that aspect, so we’ll get that through. So that process is underway, um, see my goal, just one thing I wanted to clarify this morning, uh.

00:35:53,770	So what we’re doing is essentially looking at that lower part of that slide is to try to get an assessment of what maybe is going on. Right. Not necessarily saying anything that Humira is doing up above is causing anything or we’re not, we’re just trying to understand what might be happening on that lower portion and just for that one because

00:36:09,230	there’s multiple slides going on. This is just for that one slide. So this is a slide that affects, uh, sib. To Sibley Island or the Sibley Drive. The, uh, kind of the clarification to your point. is looking at the lower slope.

00:36:30,570	And in conjunction with that collaborating and coordinating withA because Bar is doing some additional work on the upper slope to finish out their, uh, their grant from FEMA. And the scenario is that if we do anything in the lower slope, we have to make sure we fully understand what they did on the upper slope, so what we do doesn’t jeopardize what they did.

00:36:45,570	So you gotta, gotta coordinate between the two in order to make them fit. So that’s kind of where the process is at and there they’re obviously there’s some questions back and forth amongst the professionals, you know, you’re putting this here, but what are you putting it there for? And for the folks that may be watching this step

00:37:00,630	is not to try to determine any sort of solutions or fixes. This is just to try to get an assessment of what may be going on, right? We will on the lower slope, depending upon the results and the findings, um, have a recommendation as to, you know, how, what might you pursue as a project.

00:37:14,970	If there is one. Um, it’s not to say there is one at this point. It’s more to determine the feasibility of um and the overall stability of the lower slope, right? Who will pay for all that. Right, right, yeah. OK.

00:37:32,070	And then as a follow up, um, we did submit the web grant to DWR, um, I still need to have a conversation with, uh, Pat Ridge and he did call, uh, they were looking at by policy declining that request, and their primary reason for declining, at least in the voice message that I got.

00:37:49,630	I want to clarify, I suspect the board will get a letter relative to this is that because it was a located, even though it has a public impact, it’s on a single landowner. And that’s kind of the, the context. It is different than their normal policy, uh, but one of the contents was is there was a single landowner impact. Or Single landowner control. It wasn’t multiple at this point it’s staff is recommending it.

00:38:09,330	Correct. Not approved, but still good. I mean, it could go on to the board and the board could go against that, but we’ll see. And I think the thing is, is with patent, get some clarification on some things because we did have a, um, kind of a secondary request in there for funding for the uh

00:38:25,370	emergency action plan. I don’t know if they can fund that independently, which is a question that I got. It’s a small amount, but, uh, that could be approved by the director if in fact. They they would consider that. OK. So, but I’ll get back to Pat.

00:38:37,770	I just haven’t a chance to talk to him. So I, I don’t think this will change the answer, but the we submitted it under the rural flood control, um, um, policy, you know, there’s the bank stabilization, which I think the answer is still going to be the same, but, um, that’s one thing to clarify that they considered both.

00:38:56,370	I, I’m certain they probably did, but, um, Oh, I was May 22nd is a precommission meeting, so this will be discussed. On the agenda. It’s virtual meeting, so some, we should have some representation. We’ll be on that meeting it’s always good to have a board member, um. May 22nd. And it starts at 1 o’clock.

00:39:17,230	It’s usually pretty quick, um. Are you planning to be I, I, yeah, we have some other business I’ll be on, I, I think so. OK. Yeah, you and Mike are there. Yeah, and I’ve got another item on the agenda as well, so. OK. Thanks Dennis, thanks Michael Roder anything else on? Apple Creek. OK.

00:39:39,570	Now we can move on to item 10 this morning, other old business, um. I know he, I think it’s how Mitch was Mitchitch here. I know Mitch if there’s, uh, any kind of update regarding the, the CRS this morning. Waiting on FEMA. OK. Alright, yeah, I’ll update there. We can move on to new business this morning.

00:39:58,230	Uh, and in your packet, there was a 2025 legislative update. I don’t know Dennis, if there’s some summary points we wanna cover it all this morning or highlights. You know, not, not a lot of changed the last time. One thing I didn’t realize that House Bill 10.

00:40:16,900	41 Um, removes the threshold for identifying when you have to, when, when there’s impacts to a Um, you know, I should bring it up. *** dam. Or levy, and so it removes some of that language, so. Says um If a date dam or or um Other device has been.

00:40:46,300	Established, there’s no threshold required before you have to have a He permit basically. It used to be 50 acre feet capable of diverting or or obstructing or retaining more than 50 acre feet. They removed that threshold. In Hotville 1041. So, um, I was not aware of that um and so now you need a permit, uh, irregardless of, uh.

00:41:08,230	That, that’s Volume? Yeah, I think that’s my first interpretation of it, so definitely defer to others that are more um more have a better legal mind than me, but I think that’s what that. Well, one time I was 12.5, right? Um-hum. And it was like 25. Um-hum. So the trend was always going up, and now it’s, Gone to zero.

00:41:27,930	Well, it it talks about a complaint can be filed on a noncompliant. Uh, 141 of our packet, uh, 1041 noncompliant, non-compliant *** or dams was. Bill from the Department that states that a complaint can be filed in a non. Oh, so basically if it’s if it is a. *** or ***, that’s that’s smaller than that.

00:41:53,630	People can still file a complaint. Now they’re saying you can’t. OK. Yeah. That makes more sense. You can, yeah. What, what page is that? Uh, 3, 141 of our packet. Yeah. Yeah. So now they can file it. Right. Yeah.

00:42:26,170	It doesn’t have to meet that threshold, so, um, one other note, there is a Um, the or or um lobbying group is providing that recap of the session tomorrow at 10 o’clock. It’s a virtual meeting, that’s right, yeah. I, I think everybody should have gotten that notice, but if you have. Uh, maybe I did.

00:42:46,170	I didn’t, I don’t remember, and that’s a notice on what? Just a summary of the legislative session through the North Dakota Water users got it, yeah. Yes. That’s Tomorrow it’s virtual, so if you’re interested, you can listen in on that. That’s all I got on this. OK. And your thoughts or questions? OK. Oh, excuse me, Chair, one more thing.

00:43:07,970	There’s, they did the pass that bill where I forget what the number was, where we have to have a dedicated opportunity for public comment. We already do, but we might want to, I think part of that was to develop a policy to describe that process for your.

00:43:26,570	For your entity and so we already have it on our agenda always, but we should have a a policy background policy that defines what that is, you know, certain time limits, certain, you know, it’s got to be relative to our board that’s, um, stuff like that, so, um.

00:43:43,500	I had in my mind that I would get that developed or borrow from somebody else that’s already developed it and share it with the board and we can adopt something similar policy. OK. Sounds good. Thanks, Dennis. Mr. Chair and Dennis, when you develop that thinking about the process and, you know, what you have here.

00:43:59,830	A lot of times you don’t have anybody, so the policy would just be available if somebody shows up, then you could read it to them and say, hey, this is your timeline or whatever. I mean it because otherwise, you know, there’s no reason to. Speak to policy every meeting. So, but it’s so, but I think it, I think it’s prudent you’re already do it. I think that’s an advantage.

00:44:16,230	Um, the, both the city commission and the county commission do it as well. Is not on the agenda regarding any of our public hearings or opportunities, so. And do we have a policy of procedures manual somewhere OK, yeah, we do. It’s incomplete, but there’s pieces of it that are all ready together, ready to be adopted when and if you get it concluded Roger, yeah.

00:44:39,800	I’ll, I’ll put it on my retirement plan. I’m just kidding. OK. Thank you. Uh, is there an update regarding the low-key contract and his insurance. I know he’s, he had sent an email regarding That’s the last I heard. OK. So, he’s still looking to try to get that. Yeah, OK. Uh, yeah, Mr.

00:45:02,200	Chair, we’re, we’re waiting for, uh, um, him to be able to sort out this insurance aspect of the contract. Everything else is fine. I think he’s just trying to work with his insurance company to figure out the coverages. OK. And at this point, we’re still having him do do some work, right? Well, nothing’s been done yet.

00:45:19,230	Oh under that, um, That’s basically the initial inspections and we’ve got time to do that. It’s not a critical item. Uh, the other one that’s out there, Comm Jones and I, or manager Jones and I were talking about, uh, the aspect of Burt Creek and maintenance and weed spraying and that contract’s already in place and, you know, she’s was gonna

00:45:36,230	contact them relative to whatever spraying activities they need to do, because obviously, the weeds are coming out. Um, I did drive by, uh, the Bert Creek Floodway yesterday. And it’s, it’s really clean as far as cattails and everything. It looks really good at this point other than, you know, weed and vegetation control, so OK. Very good. OK.

00:46:00,770	I know my gloves are any update regarding the, the mitigation plan Mary. No, I need to get back to Mary. I do have a copy of it. I, you know, opened the documents, started looking through a few things, but have not gotten to uh Contact. I think she had a deadline.

00:46:16,030	I’ll have to go back and look as to when she wanted the final commentaries and I think it was the end of May. Yeah. So, OK. Alright, uh, I D and the next page.

00:46:34,730	Uh, there is a summer meeting the North Dakota water users to be held in at Spirit Lake up by Devil’s Lake, July 9th and 10th. I don’t know if anybody’s planning on going. I’ll, I’ll probably plan to attend. At least the one day, um. I think the first day is mostly kind of a board meeting and. Um Well, that is, that is the regular session is July 9th.

00:46:55,370	attended the board meetings on Thursday the 10th, so, and the tour, so. So maybe I’ll try to go up there on the 9th, attend that, Michael, you, are you planning? OK. I know Chuck, if you’ve ever been to one of these, maybe this would be a good one to. You’ve been to a summer meeting probably. Have not. OK. No. Give it some thought.

00:47:12,400	I have thought about it and I would like to. OK. Yeah. Absolutely. Yeah. There’s a cost to that, but go ahead and. You can register and then submit through your expenses, yeah.

00:47:28,370	Um, certainly if you want to go on the tour as well, we encouraged, yeah, if you’ve never been, never toured some of the facilities up there before, you know, it’s, it might be a good thing for you to do too. Sure. Kind of meet some of the other board members to that. attend those meetings, so. Um I, I probably won’t go on the tour I’ve seen.

00:47:43,800	Plenty of devil’s like in my career, but it’s always good, but I’ll be up during the night though, so. OK. Right? Uh, just some additional information there from your packet regarding temporary water permits. I don’t know if there’s anything there that needs to discussion this morning, but, you know, certainly if you look through that and uh have some questions, you can certainly reach out.

00:48:04,100	Uh, additional information on some of the plats and stormwater management plans are available through. Um, you can get that information from Wendy if need be. There’s two listed there. Um No questions this morning on those items, we can move on to item 13 approve of the bills.

00:48:26,500	Chair board members, yeah, and page 162 or the summary of the bills. One thing to note there is that um Houston didn’t get us their invoices this month, so they promise they’ll get them next month. Schedule, scheduling issues for us, um, so, uh, relatively small amount, total of $21,185.99 most of which is from the Bismarck Parks and Rec for Mount McDowell dam operation.

00:48:49,970	So with that, I’d move for approval of the bills, paying of the bills and the, that amount. I’ll second. Got to my man Reap and a second by Man Smith. approve this month’s bills and the amount that 21,185.99. When do you take roll call boat, please? And. Yes. Yes. Smith. Yes. Chair Luber. Yes, motion passes.

00:49:11,500	Bills will be paid. There’s some additional information in your packet there regarding the bills, uh, most of it kind of from Parks and Rec. Regarding their monthly bill. Uh, Next meeting is scheduled for Wednesday, June 11th at 8:00 a.m. and this in this room.

00:49:31,130	Uh, Roger, was there a meeting coming up that you were gonna maybe be gone. Yeah, I’m uh gonna be gone next. OK. That’s what we were thinking. Yeah, I’ll, I’ll, I’ll, I might call in, but I’ll let, I’ll text you that morning, so if I’m in an area where, OK. I, I could call in, but. Right. No promises.

00:49:52,830	So, um, just thinking ahead, um, July meeting, did we already move that one that’s right that is that day, isn’t it? Yeah. It is. That’s the name. That’s conflict. Yeah. Uh, let’s think about that. You guys got Uh, between. Wendy and everybody here and then the room too, that’s probably something to look into. Moving the July meeting. OK.

00:50:19,700	What, uh Everybody have for availability that month. Let’s see. it was a Wednesday. Doesn’t matter. Yeah, we could go to the Wednesday the 16th. I mean, I, I, I’m available, but. What do you guys have in mind? That work for you guys? Michael or the 16th, excuse me. Yeah. We’ll see you, Dave. Yep. Chuck. OK.

00:50:47,970	Wendy maybe checked to see that we’re OK for you the 16, maybe check to see if this looks like it will. I’ll check with the room and stuff. OK. All right. We’ll check it then we’ll have, Send out an email here if we get that moved so we can get that on the. Website as well, changing for public notice.

00:51:03,470	OK, but we’re still on for next month at, uh, June 11th at 8:00 a.m. in this room, so. OK. With that we’re through the agenda, any other? Business this