00:00:09,530	the Burley Water Resource District. uh, September board meeting to order. Wendy you take roll call, please. Andre Mitchell. He Manager Reep. Here. Manager Jones. Here. Manager Smith. Here. Chair Landenberger. Here we have a corn we will continue. Moving on to item 2 this morning. Approval of last month’s meeting minutes.

00:00:32,470	Chair, I just had one, maybe correction on the first page of the minutes. Um. under the McDowell Dam, um, topic, it says David Robinson gave the update. It’s probably David Meyer. Oh, sure, yeah. Um. OK. we can make that change Anything else I’d move for approval as amended OK. Second.

00:00:56,800	Kate, got to motion my manager Reep and a second by Man Jones to approve the August board meeting minutes as amended. All those in favor say aye. Aye aye.

00:01:18,470	Oppose Ayes have it Minutes are approved Moving on to item 3 this morning Uh, any, uh, changes or additions to the agenda. Not hearing any Your motion to approve Don’t Right OK, got a motion by Manager Jones and a second by Manager Smith to approve the agenda as presented. All those in favor say aye. Aye. Oppose I have it agenda is approved Uh, of any comments from members of the public.

00:01:52,730	with uh business before the Burleig County Water Resource District. That’s not on the agenda not seeing any this morning We can move on to McDowe Dann this morning. I don’t know, Dave, if you got any updates for the board this morning. We could have you up here first this morning. Good morning. Good morning.

00:02:11,470	Uh, just a few things, uh, everything’s still going good out there. Um we’ve got the Soul 50 event that is tomorrow. uh, on the, uh, on the beach. So they’re gonna start setting it up today for that. And then on Sunday, there is the, uh, Shiloh Christian, um, cross-country meet.

00:02:34,700	looking at trail counters or uh vehicle counts. We’re at 11,114 for August, and we’re still having a nuisance issue with the trail counter. I did look back at, went all the way back to 21 when we put the trail counter in.

00:02:59,370	Um we’re averaging so last year and this year we’re having a little bit of an issue either ants or bees or the sensor is so sensitive if we get the grass too long across the way and it still hits it, it’ll still, it still registers, yeah, um, so we’re clearing that up and cleaning that up a little bit, but I did look at the average of 21, 22,

00:03:14,370	and 23. And on that trail counter for August, we average about 1400 um, for those three years So just to give you a reference, uh, the other thing that I wanted to mention, I kind of brought up, well, two other things, uh, the repair to the um shelters and a couple of the building maintenance

00:03:37,800	buildings from that hail that that hit the hit the property. Uh, those quote requests went out yesterday. A little bit of a delay in them and we preferred, but we had some back and forth with insurance just to make sure all on the same board with everything, so we had to get some clarifications

00:03:54,900	between the adjuster, uh, in the insurance and and ourselves to make sure we completely understood what was being covered. Uh, but we got that cleared up and those went out hoped to have answers back for you. uh, quickly Uh, we have those out for 2 weeks. I know the board doesn’t meet again until the beginning of October.

00:04:13,530	So we’ll have that ready. Uh, my hope is that the contractor can finish them by the end of the, before the end of the year. So the completion date is in November. um Hope that doesn’t scare them away, uh, cause I’m sure everybody’s gonna be scrambling to, to do roof repairs before the winter comes.

00:04:30,100	But, uh, yeah, hopeful, you know, fingers crossed that we, we get some, some good quotes. We sent them out to quite a few. so. so we should be there, uh, the other item I briefly mentioned was um the shelter belts and how densely those trees are planted in there and how little they have grown.

00:04:53,100	and the multiple things, um, the potential for food and habitat when the Emerald, and I’m going to say when, not if, when the Emerald dashboard does get here.

00:05:12,900	Um I went out and, and drove the drove the shelter belts with, with David Robinson, and I’ve been out there multiple times, so I’ve seen him, but I just wanted to see, get a, a fresh view of them and there are there are instances where the ash trees are, we can’t even fit, uh, six-foot mower between them. They’re so close to each other in those shelter belts.

00:05:28,330	And, and that’s what, when you do conservation grade shelter belts. That’s how they’re planted, but you never expect them all to live. Uh, so, and I’ve got a few things I’ll throw up just for reference. OK. So As you can see, those, those are all the shelter belts that are at McDonald Dam that have ash trees in them.

00:05:59,800	And those are the ones who are specifically talking about right now. Um there is another shelter belt to the west of the kind of the, the grass parking lot. in that location. Those are hackberry trees, not overly concerned with those right now. Um, they are about 10 ft on center. Um, so they’re, they’re pretty close to each other too.

00:06:24,900	Um. I know we’re not talking about specimen tree growth where they would typically be the width of the canopy of the tree, Distance, we’re not gonna get that. Um, I have another image here.

00:06:49,600	So just for reference, this is that uh, just to the east of this is where the north end of the of McDonald Dam is the reservoir. So this is kind of the curve as you go up to the, the restroom that we have in the, or the vault toilet that we have on the north end.

00:07:05,730	Those trees are 8 feet apart, possibly in some areas, and as we go further north, there’s a couple where you could barely fit a golf cart through. I don’t think you could fit the golf cart through. Actually, there’s a couple that were maybe 3 ft apart. Um.

00:07:23,100	what we’d like to like to do in in for reference, these trees are probably 40 years old, 38 to 40 years old, and there may be 8 inches in diameter. I in a normal residential situation, those trees would probably be 18 inches if not bigger in diameter. Um, so there they’re, they’re surviving um, but they’re not thriving.

00:07:49,270	um So two things, if we go through in what possibly like to talk about us taking out every other one of these trees. That’s going to give us more room and more more space for those trees to grow roots and to get moisture and hopefully we see more growth for the ones that we do keep.

00:08:08,000	Um, the other thing that David and I had talked about in, in the future, specifically this area is on the east edge of that kind of where the tall grass is just kind of. mowing in notches and planting another row of trees. equal to where we took one out, so they’d kind of stagger. Um, and they would be far apart because that distance is probably about 20 ft. if not more.

00:08:28,270	Uh, so, and then a different species so that when that ash bor does come and we do have to take the rest of those ash trees out. We have we have some more canopy there in the future. So just kind of planning multiple, multiple situations of planning for this. Yeah.

00:08:48,000	What type of tree are you thinking about planting David? We haven’t really settled on it. and you’ve got multiple options that you could do. We Oaktree are great, but they’re really slow growing.

00:09:02,430	I mean so slow, uh, hackberries aren’t a bad option, but we’ve already got a couple of rows of hackberries, try to get some diversity in there. We’ve got an arborist on staff. I kind of bounce some ideas off of her before we settled on on something, but, uh, yeah, there’s multiple options out there.

00:09:19,000	We could even in, you know, the ash trees and hackberries are um large canopy shade trees we could even go drop it down to like a medium sized tree and go with some, some buckeyes or some other trees like that, yeah. so that, that groups great food for for animals too, so. yeah so just wanted to bring this up as a discussion.

00:09:37,100	uh, David and I kind of talked about if this was something that we move forward with what kind of a schedule, it’s a lot of trees. It’s a lot of trees to take out, so it’d be over a few years. to start thinning this out because not only do we have to take them down as staff. We also have to dispose of the material and stuff.

00:09:55,730	Um, so there’s, there’s twofold, and then the future, you know, planting as well. Are any of the trees at all showing any signs of disease? No, not other than the typical, they, they, the, for the lack of a knowing the professional term that are Forrester has told me multiple times of the white foamies that

00:10:14,530	you see on the ash trees. Everybody calls them, calls it that, and that that does weaken the tree, it makes the the wood soft and punky in the center, and it, it is prone to breaking.

00:10:26,170	There were a few trees that I noticed when we were driving around that had that. Um, but other than that, no, I, I, we do know that Emerald Ashbor is the closest so far, was just on the border of Fargo and um between North Dakota and Minnesota, so it, it was just thinking it was just northeast of Fargo. So Mr.

00:10:47,100	Chair, spread your spreading the the distance so would, would prevent it? Would it give you a better chance, obviously of avoiding that type of situation or uh no, I wouldn’t Um, uh, taking out every other tree would, would give us a better chance of survival for the or would actually give the trees that we

00:11:06,730	have now a better chance of survival for in the short term before it comes. but it would also eliminate half of the half of the food. when they do come Um, the, the prior Forester, uh, actually 2 for city foresters ago, they started developing a a mitigation plan and one of the mitigation results was that

00:11:28,730	if one tree in Bismarck had emerald ash bor, they wipe out every ash tree within a mile radius of that tree. They would go through and remove them to stop the spread, slow the spread, it’s not gonna stop the spread, it’s gonna slow it. So if a tree in one of those shelter belts got it.

00:11:48,430	they’d all be susceptible to it now. So I mean they’d all be food, it would just leave the remaining trees in a healthier condition to potentially and so I’m trying, we’re, we’re trying one, we’re trying to get a little bit ahead of this when it comes, so we don’t have all

00:12:00,800	those trees to take down. We’ve got half of them to take down and start additional plantings at the same time. And that and that was the other question I had you, I think you said it though, you would try to do this with staff, uh, and that’s

00:12:11,900	OK. and David’s um on the I don’t know if, if you can throw that back up, the, the aerial, there we go. that South Ro, David’s already started planting another row of trees closer.

00:12:37,530	There’s enough room between that shelter belt and the the uh farm field to start growing some additional trees as another, another um windbreak. So he’s already started that, but they’re all the conservation grade ones, obviously. So, um he plants a lot of trees out there every year to try and keep, try and keep it nice, uh, and to plan for the future.

00:12:56,370	So we’re always trying to think ahead of, of how, how we’re going to continue to have what we do have right now. Yeah. Yeah, you guys have always done a good job of, you know, keeping it up up there.

00:13:08,070	But one question I have when you’re, when you remove these trees, do you have to, how far down do you have to get the stump and you just go to the ground surface or uh 4 inches into the ground? Yeah. OK. And, and he did purchase a stump grinder last year. 3 years ago, sorry, boy, how time flies.

00:13:26,630	Um, so, and there’s other options, you know, and sometimes when you do that, they, they’ll kind of shoot up some suckers and stuff like that, but we can, we can treat them so they don’t keep coming back. So. And then I was more curious, any additional budget do you think we would need for any of this effort.

00:13:43,170	I mean, you’re buying new trees, but those are those for free, don’t we? No, we don’t get them for free. We, you know, we do have to pay for them, but it’s not a huge amount and the amount of trees that David’s bought every year has just fit in the budget.

00:13:57,100	OK, so it’s, it’s generally, I think I want to say less than 2 or 3000. 0, yeah. Yeah, I, I want to say generally it’s been around 1500 to $1700 for, for trees every year. OK, so.

00:14:15,230	and then my last question, if we do have a lot of these, uh, this wood material to dispose of do our playgrounds have wood chips at any of them? Uh, do we have a, I, I wouldn’t recommend that. OK. Um, the, the engineered wood fiber that goes in playgrounds is, it seems like it’s just wood chips, but it’s and that’s why they call it engineered wood fiber.

00:14:33,530	It’s designed to handle the impact it’s been tested, it’s certified. It’s a certain size, certain thick ness certain certain everything to meet those standards. Standard woodchips don’t do that. So. OK. Yeah.

00:14:55,270	All right OK Michael, Mister Chair, and Dave, real quick, um, had a conversation with City Forester about the removal of some of the ash trees in town, and they’ve been very specific to try and remove those that are, um injured or ill or those are at higher risk. And Dave, I know you’re trying to take out every other tree, but, uh, the scenario might be that, you know, if you can identify those that are a higher risk.

00:15:11,870	um, or, you know, damaged or something that might come out before the others as a, as a comparative. All it’s doing is, is slowing down the potential infection. OK, like healthy ones don’t get infected as easy as those who have, uh, damaged branches or something. So just a background.

00:15:28,800	I know you guys are gonna do what you need to, but just a comment. Yeah, and we looked at that a little bit. Thank you, Michael. Um, we looked at that a little bit too.

00:15:41,230	We, I kind of started pointing out the ones that did have the olies, and I was wondering how that would fit in the progression? Do we start with that one and go backwards as every other one, and how does that fit with all of them? So we’ll, we’ll look at the best case scenario and when if we do move forward with this. OK. Good. Good. Go ahead Uh, I was going to ask, any updates on the playground equipment.

00:15:57,270	Thank you for asking. Yes. Uh we met with a contractor out there last week, laid everything out and end of last week, they started or sorry yeah, end of last week, they started doing some uh some ground removals and and uh removing the sod and started forming up.

00:16:17,000	Have they poured? Did they pour yesterday? OK, there’s still, still waiting to pour concrete. I know that. I talked with the, the general on it, and I believe today or tomorrow they have their playground um certifier coming in to start setting things before they start um putting posts and and things like that

00:16:36,330	in. So we’re going to be out of the ground pretty quick with the playground. So good, good. All right. Any other questions for Dave this morning All right. Thanks, Dave. Thanks Steve Can I ask? Yeah.

00:16:56,430	Is there, uh, an opinion on the trees? Should be something to move forward with? Should we, I think at this point do we want to think about it a little bit or? No, I think that sounds like a good plan. We trust you guys, what you guys are doing. You got folks on staff that you can, OK. Get it done. All right. Thank you.

00:17:07,800	Yep, I appreciate you. OK, we can move on to the supplemental water supply, uh, easement negotiations at this point, the Van Beek easement has been recorded.

00:17:35,000	um, we have been making several attempts over the last few weeks to contact, uh, the remaining, uh, parcel owner Um, I, I myself have called, uh, I did, I did have a conversation with him a couple weeks ago, and he said he wanted to take some time to review the documents again and get his kind of head back in the game and get back to us.

00:17:47,330	Since then I’ve tried to reach out to him a couple of different times, left messages, uh, I texted them. I’m not hearing any response as of yet. Um, so I don’t know, Dave, what we’re thinking maybe might be the next steps, but at one time we talked about trying to reach out to him several times and then then if we don’t hear from

00:18:01,730	him, let’s just go ahead and send him a letter kind of documenting that we’ve made several attempts to to reach him and that the board will probably move into their next barring discussions that are probably our October meeting that we can then move into our, our next steps, whatever we

00:18:18,170	want to look at dates that Yes, that sounds, uh, sounds like an idea. Uh, Mr. Chair, I think I would also, uh, send a letter to Mr. Anderson, uh, from you as board Chair or from me as counsel, uh, just to memorialize the fact that you have made those attempts and they’ve been unsuccessful and

00:18:38,000	the board will then, uh, at its October meeting, examine what options it has. Yep. Yeah. OK. That sound like a plan? Uh, Mr. Chair, just an update, um, Travis has been looking into and checking on the, uh, outdoor Heritage Fund. Their next application deadline, I believe, is November 1st. Yep.

00:18:57,630	So, that’s the option that’s out there. Uh, we have been, um, kind of in the background preparing uh updates and information that would go into that application, so we’re prepared to submit when the when the board authorized. OK. OK Well, they were first. OK, thank you. OK.

00:19:18,430	Yeah, so at this point I think we’ll have uh the board is consensus, we’ll have Dave write the letter. draft the letter, and then, uh, we’ll have it probably come from you, Dave. That’s OK. Yes. Yep.

00:19:37,170	And, uh, just kind of, lining out like as Dave mentioned that we’ve been making several attempts to contact him and that the board will have a discussion at their October meeting, probably in the executive session.

00:19:50,530	And what I would do for the standpoint of Dave’s records, Travis, if you can go back in and figure out which dates you actually called and contacted him as well as James, just so that we have that, you know, in our records, not necessarily something to inform him on, but just so that we can document the number of times we’ve made that contact. OK. All right. I did make two phone calls and a text, but we can, I can talk to Travis. OK. All right. Any questions on that Good.

00:20:14,500	Any else at McDonald Dawn, Michael, nothing this morning. No, that’s it. All right, we can move on to item 6 this morning, Financial reports. Mr. Chair board members. we, uh, on page 6 and 7 of the balance sheet and subsidiary fund uh listing, um, I’ll just go through some of the activities in August. uh, checking, uh, third balance was $2,104,712.48.

00:20:40,630	We paid bills in the amount of $220,357.59. Income in the amount of $28,289.90. Uh, that consisted of a small amount of real estate tax, some state aid. majority of it was reimbursements for the McDowell Dam project in about almost $21,000 so. um, with that we ended up uh the month in a with a balance of $1,917,620.13.

00:21:14,870	Um, the Bra Bravera wealth fund. um started out $2,442,615.56. We had almost $9000 in interest. when you subtract out about $500 in in management fees for that fund. We had a net of about 8400 in interest. So we entered the balance of with a balance of $2,451,051.04. Preserve fund balance remained unchanged. Solar total um liquid assets are $5,069,346.66.

00:21:51,700	Um with that, I move for approval of the of the balance sheet on pages 67 as presented. So moved. OK, at a motion by Man Reep and a second by Man Jones to approve this month’s balance sheet. We do you take a roll call vote, please? Manager Mitchell. Yes. Manager Re. Yes.

00:22:12,000	Manager Jones. Yes. Senator Smith. Yes. Chair Landenberger. Yes, motion passes, and bound sheet is accepted. Mr. Chair. Similarly, pages 8 and 9 are the profit and loss statements, and year to date budget amounts, um, they went through them looking in good order. I’d move for approval as presented.

00:22:30,230	Yes I moved that a motion by Mad uh Reep seconded by Man Jones to accept this month’s profit and loss statement. We need to take roll call vote, please. Manager Mitchell. Yes. Manager Re. Yes. Manager Jones Manager Smith. Yes. Chair Leber. Yes, the motion passes. Mr. Chair.

00:22:52,530	One more, I I neglected to mention the Bevera Wealth Fund, um, the current interest rate is 4.27% or a net of 4.02%. So essentially the same it’s been over the last few months. So still not good. That’s good. OK. Um, uh, I’ll just move on to 26 budget.

00:23:12,530	I don’t have any new news. I don’t haven’t heard anything else to differ, so I assume it’ll progress as, as we’ve heard before. OK. The final meeting is this month. Sometime, and I don’t know when it is, but sometime this month. And in a sense, they basically accepted the budget that we presented.

00:23:30,900	Yeah, again, I haven’t heard anything that would be to the contrary, so it would be um oh shoot essentially what we had in 205. OK. Well, that should be OK. And then, uh, in your packet 2 on page 10, there’s those pledge securities just kind of more for reference, for information, yeah. OK. Anything else, Dennis Na?? No. OK.

00:23:55,100	Thank you. Move on to item 7 this morning, drainage permits and complaints. Wet Wet, yeah. Well, yeah, now it’s been dry again. It seems like we’ve been on this kind of roller coaster all summer, but Michael and I spoke of it this last week and it, it’s just been too wet to do it.

00:24:13,170	Yeah. And hopefully. That river road, the river road, River Road, OK. Um. hopefully maybe next month. Casey, I, yeah. He’s nodding so he’s nodding. And he’s shaking his head, so OK.

00:24:33,530	I thought he would do it Saturday in the rain Well that is Yeah, now that we’ve, uh, discussed this, it’ll probably rain for the next 3 weeks. Yeah, yeah. OK Um we got Kimble Park.

00:24:51,100	OK, any updates on that one, Mike? Uh, yeah, I can touch on the next ones real quickly, uh, K Ballpark, I talked to uh Chuck a little bit about this, are not Cubel Park, but Hawtree, uh, Keelboll Parks we’re just waiting. I’ve got some information I haven’t decided whether I want to do a memo or a letter to the city, uh, on Hawtree.

00:25:06,630	We’re gonna take a closer look at what the, um, older Lightidar tells us, because some of the things that we’re seeing out there, it appears as though it was improperly constructed to start with, but we don’t have any evidence of that. So, um, I wanna go back and just check the lighter, kind of like we did on Grass Lake.

00:25:21,970	where, you know, what’s, what was available before, see if we can see if there’s any information that would tell us. The other thing it appears that as though the uh stormwater management plan that was approved by the city of Bismarck occurred prior to when the county was or actually yeah, everybody was paying attention if you will, uh, in other words, everybody thought the city of Bismarck was enforcing the stormwater management plans where they

00:25:41,970	really weren’t at that point in time. So I want to go back in the chronology and kind of document that because it’s one of the, if you wanna call it the, the, the crack in the armor that, uh may have resulted in some of this.

00:25:57,530	So we’re still looking at things a little closer and uh we’ll continue to update you as we go through that, so. OK. uh, Under Mike Cook, we’ve got some information to my just curious Chuck, have you, have you talked with the, you know, you had a contact with the, on that board that you went out there and visited with, that you discussed anything with them

00:26:12,330	lately? Not, not lately. Mike and I talked about it, uh, after, after the fact, and he’s just kind of taking the lead on from there, so. OK. Yeah.

00:26:26,000	Just wondering to maybe at some point, maybe we want to reach back out and just make sure to let them know that we’re still I’m thinking what I’ll do, um, if you’re OK, Chuck, I’ll probably just give a call. Yeah, I don’t know if he’s watching the meeting this morning obviously, but, uh, I’ll give him a call and give him an update as to where we’re at. So just make sure that there is Mr. Bro, resolved OK.

00:26:39,100	Yeah, let’s work to get, so the memo you’re you’re looking to prepare, would that be for this board or you, OK. The, the jurisdictional question, I’m almost positive the decision on that has been set and that there’s not a jurisdictional element for this board, but what the background is in the in the history of what created

00:26:53,970	it and one of the next steps might be. Um, if it isn’t one of those gaps that the city wasn’t enforcing things. It is, it is what it is. I mean, the city’s not going to come out and enforce it.

00:27:10,970	I don’t believe at this point in time, uh, the county, it doesn’t have enforcement authorities on the city’s stormwater management plans. But what I want to verify the fact is, is in fact the uh original construction the, uh, cause of the problem. because then we can point it back in, in essence to somewhat to the developer side of the equation, even though it’s probably unlikely that they would do anything, so.

00:27:29,630	Refresh my memory. How long has that been there? Um, that’s been, well, construction was what, oh gosh, 2000. 12 Be a long, many, many, many years. OK I good. OK want to um, Casey with Burley County Highway Department. Uh, I wanna say it was 2009, somewhere in there when that uh, metro industrial Park initially.

00:28:02,730	had most of the construction going on. The Platt had started Golly, it was in early 2000s in there. because some of the stuff with Metro Industrial Park is all the places that built out there went through the site plan process that is defined by the City of Bismarck government, and they applied

00:28:26,270	for storm water management plan waivers to have more flow go out, such as 00.5 CFS to 1 CFS. It’s just the cumulative effect of 14 properties doing that is where you’re getting more of an issue and that’s was discussed back in 2013.

00:28:51,270	We’re in a staff meeting with county and city and they were looking at approving another one in from the county side, we just said we have to stop. We have to start detaining it because it’s starting to create.

00:29:09,430	it’s just uh a cumulative effect over time, creating a potential issue out there, but we, we have spoken with some of the people that have properties out there that did develop them with the site plans, and they, they’re, I, I did it legally. I did everything per what the government said, and I got the proper waivers. This is not my issue. So it’s a, it’s a tough it’s a tough issue to go over.

00:29:30,230	And I think going back to Mr. Cook was informed about the, the opportunity, if you want to call it that for the the water resource district could create an assessment district.

00:29:49,170	What we have or what we will have is a um if you want to call it a, a prorated balance to where if in fact that were to occur, he’d need X number of people on the commercial side to support that, otherwise it would not happen. And that’s basically the number we’ll come up with.

00:30:07,000	I don’t know that he’s going to get those people to step up because obviously as Casey said, they did everything in accordance with what they needed to do. Why would they, you know, want to participate in that process, but that’s the only thing that’s out there. I mean, that just puts that closes the books, if you will, from the um jurisdiction of the board.

00:30:22,230	OK, last time we really looked at 10 years ago, we looked at the special assessments done, you need 60% of the properties of Metro Industrial to sign off, which that challenging, yeah yeah All right, it’s Casey. OK, uh, we could probably move on to item either the Chase Dewitt’s tal permit application.

00:30:47,700	Yeah, we’ve talked about that, uh, Travis has received and you have in your file the documentation of ownership, uh, at this point in time visiting with, uh, uh, legal counsel and Dave, we would send information to Mr. De Witt saying his application is complete. There’s really no processing or notification that this board does.

00:31:05,800	It’s just a matter of recording that document as complete. Um, so, um, it’s kind of a problematic process uh, for notification. There’s no, the board doesn’t notify anybody downstream. It’s the landowner that, uh, notifies the board on their completion. So um, Dennis, you’ve been through a few of these, and maybe you’ve got some other insights on..

00:31:25,000	01 question I have is those is that we as a board have the ability to put conditions on that permit and did we remind me, did we discuss any what potential conditions may be warranted, if any. We have Stan or you have standard conditions that are in your policy.

00:31:45,100	and I would think those are the conditions that would be placed on this. I don’t know that you’d put any more on there. OK. There was, I thought there was a discussion about some other culvert or something, some other cross. There, there is a um there’s a township crossing immediately down Township Roadway crossing immediately downstream.

00:32:09,370	And we’re talking about the notification part of that and really based on this, there’s no notification of that landowner required. We, we recognize that obviously the, the township has the roadway, but it’s probably under easement, so.

00:32:29,900	um, OK Let’s, let’s have, I don’t know, Travis, if you can go back and resurrect that discussion from a couple of months ago that we were looking at, um, with this permit application and to to Dennis’s point, make sure that if there was any other discussion on, on conditions or things of that nature that we make sure we because at, at that point we kind of just paused because you said, well, we can’t really move forward with reviewing this until we

00:32:44,870	know the ownership, and that’s been cleared up now so I feel like we need to kind of Dennis’ point go back and make sure that we’re OK as a board, good with moving forward if there’s any conditions or anything like that we wanna put on there. Let’s discuss that.

00:33:01,700	So I know we have a window now of probably 30 days from about now. Yeah, the, uh, original application that he sent in, there were 3 different items of note that we picked up from that original application. One was the clarifying the ownership of the property and that at that time.

00:33:21,500	he was not actually on the deed for the parcel that he was looking at tiling, so he was in the process of purching it, but they hadn’t actually closed on it yet. Uh, the second item was, as Michael noted, the, uh, downstream culvert, you know, so basically it would be a simple matter of we noted he need to notify the owner of that roadway, whether it was

00:33:38,000	county or township, uh, regarding this drainage and that I would be putting some additional flow through that culvert. So you want to give notice of that.

00:33:55,700	And then the third item of note was, uh, not ify ing the landowners adjacent to the receiving body of water downstream, which was more than the mile that is stipulated in the permitting requirements for notification, but, uh, essentially we’re looking at whether we want him to notify the landowner who is adjacent to the receivingbo water where this water would be ultimately landing because it’s a closed basin and notifying them that there would be additional, you know, some additional input of

00:34:14,800	water to that, that particular body and whether uh whether that notification was required or not, but we thought it would be nice to include that as a courtesy to just inform the landowner or the, you know, owners of those parcels, can we request that? We, I, I don’t think you actually would be a

00:34:30,530	question for Dave. Yeah. I don’t think we can require that, but we can request it. right, Mr. Chair, that, that’s correct. OK. Um, but in the, in the form of a, of comment. I don’t see that a comment is inappropriate even though there’s no authority.

00:34:48,500	Yep, I think that’s some due diligence in our on behalf of the board here is that we’re trying to make sure that more communication is provided to adjacent landowners and we can’t require it, but we can certainly put that in the we’d suggest it, yeah.

00:35:05,100	Yeah, so I think at this point about the only thing left is just to, you know, request that he also, in addition, in addition to notifying the, the downstream landowners within the next mile of that watercourse, uh, to include the county or township who owns that roadway as well because they weren’t in the, the, the parcels that he was indicating that he would notify.

00:35:23,500	So uh just uh basically add that one and say, hey, we’re we’re gonna have this additional flow that will be coming, you know, from this drainage, and, uh, you know, we don’t know for sure exactly what kind of flow that would be at this point, but it would be putting a little bit more through that culvert, uh, than currently than it currently

00:35:34,530	sees. So, uh, be as, uh, just a courtesy notification to the county to, to inform them that this drainage project is, is happening. OK. One other one, Mr.

00:35:53,170	Chair, relative to the application, um, he noted on there that he was discharging into a natural watercourse and in all reality, it’s a spawnsluwer Lake because of the, the system that’s out there. It’s a wetland. Did anybody visit with him about that? Maybe be making that change and resubmit. I recall when Travis may have visited with him on it, but we didn’t ask him for that change.

00:36:06,100	That would be one thing we I made a comment of that, you know, on the application, which he filled it up correctly as that body currently sits, that it’s a, it’s a water body, um, you know, during dry years when that water body dries up, then it becomes this kind of a grassy area so that the water level goes down to where then it becomes more of a

00:36:23,600	watercourse, you know, just the, the wet path of travel for the, for the water to, to move through and, uh, it, it, it’s gonna vary, but, uh, most of the time it’s got standing water in and it’s, and it’s a wetland.

00:36:39,000	So the way it currently sits right now, the way he filled out the application, is discharging into a wetland, so it’s just a simple matter of, you know, check all boxes that apply and, uh, you know, as he, he, he filled it out correctly as. I was thinking it was currently sits.

00:36:52,100	He had checked watercourse checked water course it really wasn’t watercourse. It was more of a water body. That’s so maybe just check that. Yeah, I guess really it’s kind of subjective based on how you want to view that and like I said, it’s not really a lake, but it’s just kind of a just a wetland and it’s, you know, it’s the natural watercourse, so. OK.

00:37:08,600	I think that’s just getting pretty, pretty, pretty minor, uh, semantics on exactly what that what they’d be considered And then, so Dennis as a board now at this point, do we need to approve this, uh, approve this, but it’s, yeah, I was just, I was just reading through our, our policy.

00:37:27,800	It’s been a while since we looked at, I looked at it anyway, and so it starts out at its meeting of atre referring to the water resource district on a certain date, the district approved application to install subsource management system number blah blah blah, and then sets out about 9 separate conditions that are, you know, relatively generic but

00:37:52,170	appropriate and so um it looks like that, you know, we need to take some formal action. um at some point in an in a medium, so that’s gonna be October. Yeah.

00:38:10,870	Um, a couple of things, obviously, we can get him to update the application based on the watercourse scenario, but I, I question again. the term approved it, it should be accepted because it’s not like we’re giving any approval of the process.

00:38:25,900	Yeah, so I’m looking at a letter template that was developed as part of our policy system, so we certainly can change that, yeah, right, and I guess, you know, it goes back to the, you know, words matter where this board is not really approving, it’s just accepting the application because based on the current century code, you’re not approving anything. Right.

00:38:42,270	Um or possibly consider like when we review submittals to say reviewed with no no exceptions taken? Yeah OK, so at this point, I think, yeah, maybe we do the formal action at next month’s meeting, um, but I think at, at this point we probably need to reach back out to Mr. Dewitz. Make sure you give him an update on kind of where we’re looking at for a timeline.

00:38:58,900	and then we’ll formalize the letter template for approval by the board in October. Let me take a look at those conditions, see if you want to add a couple of these other conditions that we talked about with the culvert and then the notification of the, the additional landowner.

00:39:11,630	We’ll draft those and include those in the letter in accordance with the additional conditions that uh or the conditions in policy, Mr. Chair, I, I think too that what we can do is preface that.

00:39:30,370	I’ll work with Mike on, on the letter, but, um, actually cite the statute so that sets forth the limitations within that statute as to why we’re doing it. And then if we couch any sort of comments that we normally would make as comment rather than as approval. I like what Mike has said. We’re not, we’re accepting it, we’re not approving it. We just need to track that with the actual language out of the law.

00:39:44,730	And I think we’re OK. It’s, it’s frustrating because it’s very limited, but it is what it is. Yeah. So let me, let me caveat my comment Um, if we accept it, can we set conditions on something. from a terminology perspective. versus approving.

00:40:09,370	Well, I don’t think comment, if you may, if the board makes comments, that’s not setting conditions on it. Yeah, but we have policy conditions. Yeah, we have conditions in our policy that you’d like to say It’s a good question Again, I, I, I caveat what I thought, but because I’m looking at the term approval, but it, you know, if you’re

00:40:29,430	gonna condition it, you almost have to be an approval mode. my thought again Contradicting myself, it’d be nice to review the, the actual law. We’ve not gone through one of these, the other question I have.

00:40:48,800	so there’s that issue, but the other question I have is the timeliness of our of our conditions. because it seems to me there’s, there’s a time period to determine if it’s complete or not, which we’ve are doing that 3 days, right? But is it a 30 day period after that completeness, you have to issue any conditions to that permit.

00:41:07,000	Does that sound right? that’s. Yeah, I believe that, uh, uh, we, we can, we’ll have to double check that. So, if we did it at our October meeting, we, what is that date Probably would be OK.

00:41:20,800	and that’s kind of I was wondering if maybe if Travis reached out to Dewitz and just let him know that, you know, AR board, the board meets once a month this, I mean, this document is dated August 26th. you know, this warranty deed. Yeah. Uh, we probably received it.

00:41:39,500	a week ago from, from a technical perspective and I, I hate to do this, but it’s out there from a technical perspective, the application is still incomplete because of the documentation as to which, um, whether it’s a wetland or a watercourse that he’s discharging into. So what we should do is get an updated application from him with an updated complete application from him.

00:42:02,630	paperwork-wise that attaches the information that he’s provided now, which makes it acceptable. We can step through that process And Travis, I guess my thought would be is if he was really hoping to get some work done this fall, that if we’re starting to squeeze them on that construction timeline, so if you could maybe visit with him and just see

00:42:18,970	where he’s at with things because I, I really would hate to hold him up. Right. Just, just because we’re at this point, maybe we should have had everything ready for this meeting and you know, we’re just kind of working our way through this as Dennis mentioned, this is our first

00:42:31,270	kind of step on this, but maybe reach out to him and then I’m maybe gonna suggest maybe Dave, Dennis, myself and Michael jump on a call. Yeah. In the next week, you kind of walk through that. Yeah.

00:42:47,430	You know, the, the statute and just kind of see what our next step, maybe you have some more information from Mr. Dewitz and we can kind of pull this thing together and let them know what at this point. October 8th is our next meeting. But if we he he feels we need to move this forward, we could probably do a special meeting to make that up. Well, or we could just conditionally approve it based on.

00:43:06,000	us being satisfied with the permit at this right now. Oh, I suppose we could do that that was my thought, Mr. Chair. Let me, let me summarize what I understand the the board’s action will be.

00:43:23,630	um, the board would be and I’ll use the term approval because that’s what policy currently says is that you’re approving its subject to the conditions in policy. and is suggested notification of the roadway. authority as well as an additional downstream landowner.

00:43:54,630	and that the application be updated for uh for completeness relative to the discharge, um, the type of discharge discharge location and that if that all that is adequately provided that uh the Chair and uh Man Reepwood review and um the letter could be sent. OK so I was just actually and, yeah, I know that sounds great. Uh it is 30 days from the um receipt of a completed application. to email him any meal the individual and he recommended conditions.

00:44:21,370	um blah blah blah, yeah, OK. So, at this point, do we have a motion to as, as Michael kind of stated to basically approve. I said approve, but policy currently says approved so from a technicality perspective that would be approve the application with the conditions and the, with the other requirements that we’re, we’re asking with the culvert and the

00:44:45,900	notification of the additional downstream landowner, the completeness of the application. and if all those things are checked out in between our meeting with Dennis and I and and David and Michael that things look in order that we can go ahead and. that’s, that’s, I guess there’s somebody wanna have that motion. So we’re, so we’re preapproving.

00:45:03,500	basically. In a sense, yeah. Yeah, if you guys are OK with that. If you guys are OK with Dennis and I working with Michael. Well, it’ll expedite it. Yeah. That’s kind of my concern. Yeah Yeah. I, I will make the motion. OK. Well, yeah, I’ll say it.

00:45:17,900	OK, we’ve got a motion by Man Jones and a second by Manger Smith. Did you capture I’m gonna have to go back and listen to you. OK. In a sense, what we’re doing is basically at this point is the board approves um is allowing Dennis and I to work with David and Michael to work our way through that application with

00:45:39,330	the conditions that we discussed this morning. and that everything looks in order that as a board we are going to approve that, that permit application. but uh Wendy catch up on that before we do the, any other questions or thoughts on that? Well, I have a thought on our form.

00:46:00,630	and I think Dennis is absolutely right. Instead of approving, I think we need to change that verbage to accepting. um. because there will be times in the future. where we may use that word to prove and somebody will do something and we’re not knowledgeable of it. so I think accepting would be much more appropriate in that form.

00:46:27,270	your thoughts Yeah, I, I would, if, if that’s what the state statutes require, I think that’s something we’ll have to look into and to see the exact verbiage in there and make sure we’re matching with what I think we should. You know, the bill requires us to do. We can go back and recheck that. Yeah.

00:46:42,330	OK. OK. Cause I, it, you may buy a statue be it’s almost a it’s a required or mandatory approval. You don’t have a choice not to approve it, which is kind of. strange in this situation, right? I just listened to another water resource district go through the same conversation. Yeah, so.

00:47:03,170	It wouldn’t happen to have the code on that, would you? Uh, not on top of me. I’d have to have to look it up. I think it’s on that application. Yeah, it’s on the app. So, if you go back a couple months without waiting. Minutes. I’ve got that.

00:47:16,430	Our agenda pack, you can see that. OK, at this point we had the motion in a second. Are there any questions? Is everybody clear kind of what we’re, where we’re heading? with this is Chuck Dennis is good. OK. Wendy, you good OK. Take a roll call vote, please. Man Mitel. Yes Manager. Yes Manager Jones. Yes.

00:47:38,530	Manager Smith. Yes. Chair Landenberger. Yes, motion passes. OK, then my, I don’t know if that if you want to get together and Schedule a time with Dennis and I. OK. OK. All right, thank you And then Travis, you’ll reach out to Mr.

00:47:55,900	Deitch just kind of give them kind of what the a summary of what we discussed today and kind of where we’re heading and make sure he’s yeah construction. Yeah, just we were planning on ur Yep OK. Thank you All right. Anything else on drainage, permits, and complaints this morning. OK we can move on to projects. Item 9, I don’t think there’s anything to update regarding it.

00:48:20,170	Well, maybe there is, just, uh, on whole guless. We have not done anything with the Easter revisions. We’ll get to them. They’re just kind of on the schedule.

00:48:38,100	Um, though I will let you know I was contacted by a private individual who was looking at buying a property on Hogue Island, um, and the scenario being uh being is how we know what we know uh there were questioning the bank stabilization in front of them, Part of it’s a Section 32, part project part of it’s, uh, private, um, so they’re gonna need to be check ing as to whether or not that uh, stabilization that’s there has

00:48:54,230	been permitted or not, as we found out with the others, a lot of it was not permitted and I’ve also notified them that any work within the water resource district’s easement and the setback requirement based on that Eastman has to be complied with.

00:49:10,070	So just background information so that’s out there. It wasn’t one of these parcels it was, it wasn’t one of these. It was further north. It’s one of the undeveloped parcels. OK, so. but I thought it’s important, it was nice to have a landowner actually ask questions and get information before they step into the unknown. OK, uh, update on Apple Creek slide.

00:49:33,000	Um, yeah, the installation of the monitoring, um. equipment is in place. Uh, their first monitoring occurred probably about a week ago. They’re going to be monitoring again in the next couple of days to see whether they’re not the inclinometers show any movement.

00:49:51,230	Uh, we have not heard an update from Barbar also installed their inclinometers as part of their upper slope system. Uh, so that’s kind of setting out there, um. don’t know where that’s at.

00:50:12,530	Uh, we did get another invoice from um Braun and BGC that obviously is part of the process, uh, received a notice from DES that the quarterly report is due October 15th. There’s a number of background elements in there that, you know, per% complete, uh dollars expended, etc. Uh, so by your next meeting we’ll have a request for reimbursement under that grant application. Um, relative to the grant application itself. Um, it was originally filed using the Burleigh County number.

00:50:35,970	Um, the, the, now they’ve changed from the Dunn’s number to the UEI number, uh, federal government bureaucracy change. and we were looking at, uh, I know Wendy was working on it for a while and then we stepped in to try and assist the process and some of the questions in the application just we don’t have answers for them very quickly, so in

00:50:53,270	talking with Karl Meyer and DES, they’ve concurred that we can continue to use the, uh, Burleigh County, uh, UEI number which was provided by Mary Sanger. So that’s all resolved in um we can go ahead and request reimbursement.

00:51:11,900	Uh, yeah, there, there was just some discussion back in July with DES about this. Um-hum. The, the, the Burley Kan Water Resource District getting their own UEI number. That that was the process we went down and obviously it became quite challenging to to get that number, so, and the, the window is closing. right, so we need to get that submitted.

00:51:29,970	And Karl did check with his accounting people from the state and said that it was OK to use the Burleigh County number. Perfect. So, OK. Good. Thank you. Yeah. Any other questions? I use the Apple Creek slide.

00:51:47,730	You and I believe I don’t remember whether I sent out, we had uh more recent photos that were just taken. Um-hum. OK. Yeah, I think I did see I think I just sent out an e-mail with the new link to for those photos. So, Kate. Good. All right. Nothing else on that. We can move on to other old business this morning.

00:52:06,800	I’ll, uh, if there’s any updates on the CRS that M Mitch here this morning, so Good morning, Mitch Good morning, Chair Landenberger, members of the board. Uh, we had the meeting, um I don’t even remember what day it was and now it’s been kind of a busy summer.

00:52:25,500	Um, earlier this summer, and they, um, they showed up at 3, well, 2 people from FEMA and then, uh, Tyler Spoehmer from, uh, DWR. And we discussed the program, uh, at length for 2 or 3 days. we went, we did a drive-through in the county and they noticed all the violations.

00:52:45,270	And some of the things that they are, we, we don’t know whether right now at this point I don’t know whether they’re going to make us fix these or not.

00:53:00,870	These are previous, uh, to my time and also earlier the when I first started, um, but that’s still up in the air and from what I understood in the first meeting, we had one violation from that they wanted fixed, and we are working on that right now.

00:53:19,970	Currently we, uh, we had a meeting with him, uh, with the owner, and Toman Engineering, he intends to plait the property and and move, uh, build a new building, and there’s an area on his property where he can build. It’s out of the floatway. This is that Paul born that was that we discussed before. OK.

00:53:32,700	And so he’s in the process of creating a plat in and separating a small acreage out of that and moving the old building out of there and placing a new building to the northeast corner. OK. So, hopefully, that’s going to progress Before the end of the year, maybe. Let’s hope.

00:53:55,730	So, what about these other violations is that Well, it’s, um, I, and I he’s gonna write a letter. He’s gonna send a letter in October. OK. We’ll see. And then, in the, in the grand scheme of things, the NFIP has, uh, there’s only 160 properties in Burleigh County that are on NFIP insurance.

00:54:16,530	Really? Yeah And so this is a big lift for, for 190 properties. and a lot of work But I still still hope we can pursue this, but it’s going to be a lot of work. You see 160, 190? 10, 1,, 1, 100 and, uh 160 properties on the NFIP. 90 properties are in the, in the special flood hazard areas. OK.

00:54:42,270	um, which in some people’s eyes, that’s a not a whole lot of properties that are on this that are taking advantage of the NFI appear insurance. Right. They don’t need it. They don’t see the word, they don’t see the value in it.

00:55:01,500	I mean, it’s only it it caps out $250,000 a year. Um, and so they, a lot of people just, they don’t, they own one of these they own these properties outright. They don’t have to have, you know, the uh FDIC requirements, bank loans and all that stuff, so.

00:55:19,100	um, from that point um, it I, I do want to cons I still want to pursue this project. OK. I was going to ask that question. So, OK, sounds like you’re still. Uh, in light of the, in, in light of the fact of what’s also going on with Bismarck’s, um, proposed uh growth phasing plan.

00:55:36,700	I don’t know if you’ve heard of this on the ETA discussion. They planned, uh, I don’t know if you’ve seen the maps, they plan to give us uh almost 70% of their floodplains. Ouch as a gift. OK If they, if, if the both uh county commissions agreed to this. This would exponentially increase our job responsibilities in this area.

00:56:02,370	Mitch, could you restate that? I didn’t know if I caught what you said. They, they intend to give us 70% of what? They’re floodplains. They’re the special flood hazard areas. that all the way starting up at uh south of Burt Creek, which are, this is where our jurisdiction, their jurisdiction ends on Burnt Creek. Ours is above it.

00:56:19,900	Staring at Burnt Creek, going all the way south along the Missouri River. will be out of the ETA of their ETA. Yeah. And then going east, uh, Burleigh, uh, Apple Creek up to Copper Copper Ridge subdivision and then Apple Creek on the east side of their, um, I think approximately uh how far out

00:56:45,230	Fifty-fourth Street. I had to look at it, but it also includes the Apple Creek on, uh, on Highway 10. So, and, and some of these certain areas inside their closer to the city. Some of the neighborhoods that are in floodplain areas now that we’re mat.

00:57:09,100	that have um, I imagine that changes our jurisdictional footprint then too. a little bit massively, yeah, it’s, it’s, yeah, I, I should have brought a map, but it’s, it’s like um, it is well it’s going to cost Burley County money uh for um administration costs.

00:57:33,170	It’s gonna be more people coming to you for their problems and more prob yeah, it’s uh we they they they’re all in the discussion phase right now. They, they have created this map.

00:57:51,900	This is part of, has been part of their planning for a while, and they haven’t discussed the ETA or the release of the ETA to the Burleigh County That’s just been going on recently, only fairly about 2 months now. And so it’s, if that happens, then we will have to get into the CRS because the cities on the CRS with these properties now. I wonder if we should look at either attending a meeting or maybe having our own individual meeting with the city.

00:58:12,530	to discuss a little bit more on this, but Kate. Yeah, but what I was going to select Ky address that. I think there’s a, a number of things out here when you talk about the CRS program and Mitch, I understand where you’re coming from.

00:58:31,230	If in fact that shifts that would change the calve that you just went through because you’ve gotten a lot of new jurisdictional area that would come to play, that would have to be evaluated and audited. So, um. That’s going to be costly. Yeah. Yeah, there’s a number of factors that play into that, so. So the discussions we’ve had as staff, it’s all preliminary. No boards have approved anything.

00:58:54,800	The joint um, city of Bismarck and Burley County boards haven’t approved anything. So what we’ve discussed is all rural subdivisions that are currently in the ETA would now be out of the ETA, uh, and it, it’s essentially 95% of the people that live in the ETA would then be out.

00:59:18,870	So, uh, known drainage issue areas like Shamrock, uh, up by 26 that’s had, uh, just long term, different things that we’ve all dealt with over the years and going through there would come out a lot of uh all the flood plain in the the south, uh southwest of town going through there, uh, like misty waters

00:59:43,270	would also be 100% county, uh, going through their, the city would look their current proposal is retaining uh areas that are currently pretty much undeveloped.

01:00:04,800	That would, that would still stay in the ETA and we’re still, there’s still a lot of discussions going back and forth and they’re gonna present this, uh, September 17th to the joint city of Bismarck and Burley Coney board. I, I don’t know if every, all the commissioners will be there. I know they’ll have representatives at least.

01:00:28,700	The last meeting they had on that, they did have uh a kind of a brief presentation in the city of Bismarck did, and they kind of showed the southeast corner and not the whole area because you’re you’re you’re you’re, they’re still working on, on parts, but a good example is Imperial Valley would no longer be in the ETA and that would go out, um, high, high planes, the subdivision that’s to the west of it on the south side of

01:00:48,430	Burleigh Avenue that would completely go out of the ETA and that’d be in the county going through there, so and we’ve, we’ve had discussions in the future areas they want to retain that are currently undeveloped They’re in intention is all those areas would over time develop and be annexed into the city of Bismarck, and they would just

01:01:10,900	grow around these areas that would just stay in the county, going from there unless um say 50 years from now somebody buys a whole bunch of houses and wants to redevelop, then they’re annexing into the city for this new redevelopment if they’re doing that in a rural subdivision.

01:01:28,470	As county staff, we’ve had the, the point back to them, uh, well, say you, you say you’re not going to allow rural subdivisions, but what if you have a, a board change in 20 years, and now a rural subdivisions are allowed. Now how are we going to deal with those types of things.

01:01:48,170	So there’s still a lot of open discussion, uh, going back and forth and we need to have input from our boards, and we’ve had discussions saying um directives from our board members uh, they want the ETA eliminated.

01:02:07,970	We’re asking the question, what, what does that take? how would the city be comfortable with that and and some of the discussions we’ve had is and they’re just discussions. It was, if your next to the city, the city has put in a lot of effort of identifying where major water mains need to go, new sanitary sewer lines, studies for stormwater and incorporating them, do you look at a land use

01:02:28,230	plan that is developed by a county and city and the city and county both have to have boards that vote on it and approve it to be able to go forward, but those, those are such preliminary discussions they may may not go. anywhere but what from what the city has proposed if that’s accepted.

01:02:47,530	there’s a lot of flood plain and special flood hazard area that that would come back and pretty much where all the people live, would come back to the county and if there’s a issue that’s, they’d be filing uh if it’s in the right way we deal with it as the highway department and go from there,

01:03:06,100	but if it’s a different issue, drainage issue or. O. E. I come to this board. It, it, it would, I’d say we as the highway department, we probably take care of the most of the issues and the kind of the good news is you’ve had people living

01:03:21,800	there for a long time. These are known issues now it’s not sudden and the newer ones from what it was 30 years ago to now, there’s a lot of lessons that have been learned by city and county staff, a lot of policies have been changed.

01:03:45,630	We’re far more aggressive and how things are treated upfront than how it is, uh, and then how it used to be back then, and that’s just from lessons learned. So Casey, Mr. Chair, let me ask this question.

01:04:05,000	Was the map that was just talked about proposed by the city or the county? Uh, the city had proposed that map going through I’ve been, I’ve been out for a while, so appreciate that. Yeah, and they emailed us a map and we looked at, we just, we met again yesterday afternoon, kind of going over a lot of it and some of our concerns in city staffs concerns and city staff’s going to present it next week.

01:04:28,900	Wednesday, at the, at the joint meeting and the boards will give input and we’ll go from there. Is that a public meeting or is that just for a couple of books? Yeah. It’s a public. Public meeting. Yeah. 5 p.m.? I think it’s 4:00 p.m. so normal time. They sometimes have delayed to 5 if it’s a bigger item. Legal question and maybe David can answer this.

01:04:50,270	If they’re talking about X number of square miles. do not the citizens that own that property have to go to a public vote on that? Um, for ETA. For ETA. Not, uh, that’s not my understanding of it. OK The part we were discussing is your zoning.

01:05:19,100	is just different a little bit like uh one area Imperial Valleys RM is R5 R10 as a, as a county we really don’t have that, so we’d have to look, OK, how, how does that zoning potentially change, it’s not like we’re gonna say, hey, you gotta redo all your houses. That’s, that’s ridiculous. Nobody’s going to do that.

01:05:37,970	But it, it’s just working through the mechanics of how that applies. Mr. Chair, from the background scenario, the legislature, the statute basically was set up that the cities could take up to 4 miles, and it was a city’s choice.

01:06:00,900	Then the statute was changed to where it’s 4 miles or negotiated line between the city and county and the city and county originally when that law was passed, negotiated the line that currently exists today in some cases it’s 2 miles out or 3.

01:06:19,430	5 miles out or whatever and now the discussion is to go back in and, and revisit that negotiated line and what is that negotiated line mean? There’s no, uh, vote by the public relative to that change. It’s the cities and the ju ri s di ction s agreeing to that new line.

01:06:36,630	We’d be reducing it from what it is, uh, currently on, on the line and it gets a little confusing because then it all becomes, well, who’s in, who’s not, and the line really starts spinning around all these existing subdivisions and a good example is Grand Prairie estates off 43rd.

01:06:55,730	That all of a sudden would be out and it’s, well, that’s pretty close to town, but then further out there’s parts that are still that the city’s, hey, we gotta be able to grow between Grand Prairie estates and items uh areas north of Seventyfirst, and we got to be able to go to the Northeast and it’s, and they’re, well, you can type in your address on this proposed map and see if you’re in or out and I mean we like to pick on Marcus and say he’s the ultimate boomer, and he’s like,

01:07:11,800	don’t, don’t, he’s, I don’t know how to run this, get over here and tell me how to do it, do it and type it all in, so it’s a little, uh, it can be a little confusing trying to get through the map and how it goes through, but that’s part of the,

01:07:26,170	it’s such sole preliminary now it still has to get refined and that all of this is if that happens. There’s nothing’s been decided. going through there. I mean, I, if it goes back to the old way where city has 100% jurisdiction at 2 mile, then it’s joint jurisdiction from 2 to 4 mile.

01:07:46,000	I, I don’t think anybody wants to do that, but part of what we we talked about also in the reduction areas, do we look at a potential joint jurisdiction but none of us ever liked that because that was such a headache getting through the joint jurisdiction.

01:08:04,100	That’s why we went to the negotiated boundary in the first place, but we have to have those preliminary discussions and just say, OK, let’s just, what’s the pros and cons of each? And why is this a good idea? Why is this a bad idea and be able to just openly and honestly discuss it. OK. Thank you Mr. Chaman, I got a couple of questions for Mitch.

01:08:23,870	OK. Um the, do you want, do you want me to pull this map up? If you can Um yeah there’s a way to plug it right, uh Well, Mitch was doing that, is there is there a thought of somebody attending that I, I can’t attend next week, but Kathleen,

01:08:58,700	you’ll. Yeah, I will, I will not be around. I’ll be in Montana. OK. So, So, Kathleen can be there. I, I assume Casey will be there too, and yeah, at the meeting, obviously, but yeah. They’re exciting. Well, there’s a few people out there that are gonna be very excited.

01:09:15,600	Yeah. Yeah. So, the areas that are hashed red um, on the map are the areas they’re going to remove from their ETA. Wow. Um-hum. That they proposes. That’s, that’s being proposed, right? Yeah, the, the hatches, the proposes and the Northwest, that’s kind of the misty waters area then you can see all the existing rural subdivisions

01:09:42,800	that are within the city is then kind of the that dark blue, purple, whatever I, whatever color you wanna call it, that’s you’re looking at kind of the city limits outside of that, they have an orange area that’s the priority short term can be developed and some of that’s in the city because there’s donut

01:10:00,900	holes. Then they have a dark orange red area that’s 25 year and a gray area that’s 50 years out that they’re looking at, then they want an airport buffer that goes around essentially where Apple Creek’s right next to.

01:10:19,630	the airport because the airport and FAA want to have a high amount of input on that and we’re still discussing it. Then on the south side, you can see a lot of the flood plain area is just out 100%, and that’s where a lot of, a lot of issues with the CRS that would have uh Mitch hoppin a lot down there.

01:10:36,870	Yep pair of shoes. Yeah shoes shoes. Yeah shoes shoes. Yeah, tough. Yeah, so it’s, um, I, I, I’m gonna ask there, you ask coordinator if he can determine the actual floodplain area in volume. It’s got a real, yeah, it’s, it’s mostly there’s, yeah. so Dan had a couple questions for you.

01:11:05,530	Yeah, you mentioned the violations that were identified. What’s the what’s the requirement? Do you have to have them fixed? Do you have to have a plan to have this fixed. don’t know yet. OK. I wish I did.

01:11:20,600	The, uh, that was understood by me when I, I mean, I took training at the FEMA Institute in Baltimore for a week on the CRS. and it was explained to me many times that the when your application, they don’t go backwards.

01:11:36,270	They go forwards They don’t look at past, they don’t look at how you want to look at how you’re doing it now. So, And I, and I do have places to improve. I, I absolutely, there’s many areas that I have to improve. One of the the ECs are what they focus on. That’s their main focus.

01:11:54,170	The elevation certificates and how you maintain them and how they’re made and how they’re created and how they’re done and approved and all that stuff. So that training, you’re saying they passed past sins are forgiven in that training. Is that that what you’re that instructors told me that. OK. Yeah, and I, I don’t know, I, what, what, um. what the originate, uh, the Guy, Tom Bernie. He’s very knowledgeable.

01:12:13,900	He’s really very smart Guy about this, but I don’t know what he wants. OK. It’s um it’s got a, he’s going to write the letter, and so, and then the other question, you know, given that, um, and then given this ETA discussion, I mean, so we, we’re, we’re mostly through this process, that is my

01:12:32,630	feeling or thought and so uh to discontinue it. um now would not be advisable. I guess that’s my question. No, it’s, we, if this growth phasing plan is approved and uh the ETA has handed over these areas, handed over to the Burley County, then that we’re gonna have to start over. Yeah, that’s coming.

01:12:52,530	I was wondering. Yeah, that’s, I absolutely, because it’s, uh. They, we focused just on Burleigh County. and um, yeah, Mr. Chair, from the standpoint, Dennis, I, I concur with you. When you have the violations that are out there, uh, now that they’ve identified the violations where they’re going through the CRS process or not.

01:13:11,100	They’re violations as part of the program, so you got, you know, other, other ramifications of that, that what they need to do obviously is Mr.

01:13:25,970	Bernie’s going to look at it and say, OK, which ones these are critical, which ones aren’t critical, and then make a decision on those bit to what, what may or may not need to be done with each one of them, but like I said, I think from the additional areas suddenly being put into the um county side of the equation, if you will, you know, there’s gonna have to be a new audit, more than likely.

01:13:41,000	I agree with you, Mitch. You almost start over and say, OK, we’ve done it for this piece, now we’re gonna take a look at all these other areas and see what’s out there. And then, of course, you’ve got a records scenario.

01:13:56,170	Uh, what records did the city keepers, you know, county kept its own records for its, but now you’ve got all the city records. So those city records would have to be transferred over, um, you know, I’ll, I’ll just be honest with you, when you look at the change of the ETA and the like that’s why I questioned who was proposing the map.

01:14:14,530	There’s a lot of unintended consequences here that um need to be debated and discussed. uh prior to the final decision, and I think, you know, James, you’re right. I think the water resource district is probably going to be in a position of having other issues that it’s going to have to address with that level of change. So. so Mr.

01:14:31,330	Chair, just, you know, back to the benefit of doing this, you know, I think there’s other benefits beyond premium reductions for NFIP insurance holders. There’s other benefits. I mean, so the fact that there’s 160, which is I think is a pretty small number. That’s shocking. I didn’t realize that was it.

01:14:51,530	But, but beyond that, there’s other benefits. Yeah, it does make the county more resilient. It makes the floodplains more resilient, makes, you know, it’s. uh it’s, but it’s also the hardest part of my job. is to, is talking to these people. They don’t want it, they don’t want to see me. Right.

01:15:12,330	And they get angry and so it’s um, but I mean it’s a, it’s, yeah, it’s, it will make Burleigh County way more resilient. in the floodplains. OK Any other questions for Mitch ACG has something else too. Thanks, Mitch. Yeah. The, the other portion that’s gonna affect things is MS4 violations.

01:15:37,370	Going through with stormwater, we only have a few small areas, and when we have to deal, it’s a difference of dealing with the feds because they’re like, what’s ETA? That’s insane. Nobody does that, we’re, yeah, we’re one of the only states that has that type of thing.

01:15:54,500	And we say, well, that’s, I can’t do anything because that’s in the ETA that’s on the city of Bismarck’s control, and they go, yep, yep, yep,, cool. You still got to answer all these questions, and we always have to go through, through all of that. Then for erosion control.

01:16:10,370	in the ETA, the city currently handles all of those portions because they have the authority. If that goes away, that’s then gone and then we don’t, we don’t have a public works department, so we don’t have that authority, so we have to call the state and bring in DEQ to go through that, and it just everything gets amped up quickly. Yeah.

01:16:30,170	On there and I don’t see the county board currently wanting to add a new public works department or or anything like that. So, um, there’s concerns that are back and forth that we have discussed that effect.

01:16:49,470	Many things but listening to testimonies of the people that have come up and talk about it, they just want, they want the ETA gone or where it’s not affecting them personally anymore at all. and that it’s been the testimony of the people who live in the ETA, at least. Yeah, yeah. That’s exactly what they All right. Thanks, Casey.

01:17:09,100	Good discussion And certainly, yeah, at at this point I we need to have representatives at some of these meetings just to make sure if there’s questions that are thrown out there or just general input, and you can provide back to the board Kathleen, that’d be great. I will.

01:17:22,230	Yeah, and I think it’s going to be complicated, Mister Chair, and a number of different aspects to understand all of the nuances. I mean, Casey pointed some of them out in I greatly appreciate it, and I’ll, I’ll use a legislative phrase. What’s the fiscal note to the county, right, for getting this property back.

01:17:39,070	We don’t know what that is, but it would be a question as a as a technical person that I would raise, you go to the um public works side of the equation. You may need a public works in order to address this.

01:17:54,600	Um, might the water resource district need additional mill levy because you’re going to be assisting the county with certain things. There’s some unknowns with, with that level of change. So I, I just point that out as an observation, not making any recommendation either side of that equation. So, I was thinking the exact same things as Michael Pal. Yeah.

01:18:16,430	Um it’s something we’ve thought through more because we’ve had more discussions on there is the existing drainage easements that are in there if I can’t reach it from the public right away, we’ve already talked with you guys about a lot of these areas.

01:18:35,100	So is because they’re established, it’s, it is a lot of known stuff, it’s not going to be unknown coming up, so that that kind of helps and good examples is, uh, the kind of the country Creek country hills type areas like that. It, it’s stuff that’s similar to those types of things that come, come through in the existing ETA or like area. The the tree planting things that happen. And, you know, fences that get put up and stuff.

01:18:54,900	So it just, I do think that this would probably increase our interactions and kind of things going on throughout, throughout the county, but yeah, it, it, it will on those parts, but because it’s established, there is, you have that that part of the advantage, so it’s not from s cra t ch it’s pretty

01:19:13,100	established, yeah. yep. OK Well, see, Kathleen, we had the minimal agenda, but we’re yeah, good discussions this morning. Um OK, well, that’s, uh, anything else for new business this morning? OK? Uh, we can move on to item 12, just some general correspondence.

01:19:44,530	Um, there’s an additional spots and stormwater management plans there for a few subdivisions and plats that you can request from Wendy if you want to look through those. And then, uh, item B there, we did, uh, get a notice of the, uh, Bismarckandan, uh, Metropolitan Planning Organizations having a meeting, looks like next week as well.

01:20:04,730	Um, I don’t think we typically have anybody attend those Hum-um. You know, that if there’s something that comes out, we usually get notified. um next item in your packet there on page 15, we did get a public notice from the US Army Corps of Engineers on a project with the city of Bismarck up on tether, uh, Parkway, Tyracully.

01:20:22,330	They’re gonna be connecting over uh constructing a new road from uh Taylor uh Cooley or, or she had a Parkway across that coolee to. um I’m not sure what that Cogburn road, I think is the name of it. Yeah, right, Mr. Chair, just a quick background on that one.

01:20:46,430	because uh Valley Drive has actually been designated as a dam. Tyler Park Way that they’re building, they’re building not to *** standards you’re building to roadway standards. So it would not be a regulated dam under the um state program. OK.

01:21:06,700	So, at one point in time, it was designed as a high hazard facility, but now they’ve switched it to build it as a roadway so that they’ve got the various storage components so they do not need the, uh, *** classification on that. So just wanted to point that out. OK.

01:21:22,700	I guess my question so this is coming from the core basically, you know, looking for public input or public comments um for their permitting, you know, and of course they got the endangered species and cultural resources, things of that nature throughout their, uh, do we have any, I guess, input coming up, Michael, regarding, yeah, some of these embankments and some of the uh, if in fact

01:21:37,900	drainage. Yeah, and that’s why I pointed it out. If in fact it were to get to a uh a state application for a *** permit, you would have a, a regulatory comment period or comments on this in this particular case, you do not because there isn’t a a state permit, it’s a roadway.

01:21:55,800	So from that perspective and it’s all in the ETA. It’s all part of the overall master plan for the city of Bismarck to go that way. It’s just an extension of road over the coolie, right? So, you know, it was, I was kind of curious, the deadline already expired uh August 20th. It was a fifteen-day notice.

01:22:13,500	Oh he noticed published on August 5th, expires August 20th. 0, there it is, yeah, which I mean, is it a nationwide permit? I, I guess I didn’t look pretty much, yes, yep, it’s nationwide, but they go out on notice. OK. So, at this point, it’s just more for reference and informational purposes then. OK.

01:22:36,970	Thank you All right. Uh, in addition, we did get notified from uh North Dakota, uh the joint, uh, water convention. There are some award applications if anybody’s got any thoughts or ideas on on that, you can certainly submit those.

01:22:59,330	um if you want, and there’s more information in the packet there if you want to read through that, uh, determine that process. OK. Nothing else we can move on to item 13 this morning. Approve of the bills. Mr. Chair, page 26 is the summary of the bills did go through the math, it adds up, um, majority of the bills is from McDowell Dam.

01:23:23,900	Um, one thing to note is that the last entry on page 26 is Cowboys, um, in that amount, that’s the, if you remember we had the snafu with them not getting the first check and then the second check had um they wanted their name changed on the check, and so this is actually the 3rd time, so it’s included in the calculations

01:23:41,530	here. but it’s for not real money going out. It’s just, uh, um, so, but with that, uh we still should approve that issuance of that updated check. So, um, the math adds up, uh, move for approval, payment and bills of 44 $154.88. OK.

01:24:01,900	Got to motion my manager Reepen and seconded by manager Jones to approve this month’s bills. Any discussion If not, when do you take a roll call vote, please? Manager Mitel. Yes Manager Re. Yes Jones? Yes. Andder Smith. Yes. Chair Landenberger. Yes. Motion passes, bills will be paid. Mitch, do you have something else you want to.

01:24:26,970	Yeah, go ahead. Mr. Chair, I forgot to mention that on the, uh, that you marry uh Lan, the stabilization of that project up there, and we need an emergency permit for that. And I, um, I need to issue it.

01:24:43,530	I don’t know who to issue it to for this project. Oh, for, uh, yeah, one of the ones that’s been out there, we’ve been talking to, uh can’t think of his name with hisate relative to the floodway. and they were waiting for the analysis to show whether or not we had an impact to the floodway change.

01:25:01,170	Um, I’ll get back with Nick on that and have him check with, uh the state on the status of that. They’ve been kind of holding off because we didn’t know what exactly was happening with the overall bank instability, but yeah, Mitch is the locals requires a floodplain development permit or floodway permit, uh, notification, so at one point

01:25:21,500	in time, we weren’t going to survey it because we were afraid of what, you know, risk of the cruise out there, but I’ll double check with Nick on the status, so. good point. Thanks, Mitch. Well, uh, one other thing is there’s a lot of mail up for the water resource board oh sorry. Yeah.

01:25:41,100	Yeah, we, we determined that, I guess we have a mailbox here. I didn’t, I wasn’t. I remember, I did remember that. Now that’s brought up, but I, you forget about it so. Yeah. So, we now have, correspondence that came to a physical address. This is a long story there, sorry.

01:26:02,730	OK And, uh, remaining items in your pack are just kind of some more detailed information on the bills for this month. Our next meeting is scheduled currently for October 8th, uh, in this room at 8 a.m. everybody can attend Good. OK Anything else this morning All right? Doing the business before the board, be our