00:00:07,900	To order the August board meeting of the Burleigh County Water Resource District to order. Wendy do you take roll call, please? Manager Mager. Present. Manager. Mitchell. Here. Manager. Reed here. Manager. Smith here. Chairman. Landenberger here. We have a quorum. We can continue with the agenda this morning. I’ll move it on to item two.

00:00:27,700	Approval of last month’s meeting. Minutes. You get a chance to review those. Any. Changes? If not, entertain a motion. I’d like to make a motion to approve. I’ll second. Get a motion by Manager Mager and the second by Manager Smith to approve last month’s meeting. Minutes as presented.

00:00:47,970	Any discussion? All those in favor of the motion say aye. Aye, aye. Oppose. Ayes have it. Minutes are approved. Moving on to item three. Any amendments to the agenda? I think, Dennis, you had a few items you wanted to add this morning, Mr. Chairman.

00:01:06,630	Board members, I think I’d like to add two to new business under item C. Under new business I would say summer meetings discussion. That should be brief. And then item D um, just a brief discussion on a court case that affects us very minimally at best. But just like Dave Bliss, the weigh in on on a Koenig case. Okay.

00:01:29,070	Dave, you had information on that that you sent out to the whole board, right? Yes. Okay. Yep. That’s what I was recalling. Okay. Anybody else want to add anything under new business this morning? I do want to add under we’ll call it item E then our November December board meeting dates.

00:01:46,170	See if we can get an adjustment in there so we can talk about those dates there as well. Okay. Anything else? If not, I’ll entertain a motion. Move to approve as amended. Second. Get a motion by manager. Read in a second by Manager Mitchell to approve the agenda, as amended.

00:02:11,800	Any other discussion? All those in favor of the motion say aye. Aye aye. Opposed? Ayes have it. Agenda is approved. Move it on to item four. Comments from members of the public not associated with the item already on the agenda, but still part of the Albany County Water Resource District business.

00:02:31,570	I’m not seeing anything this morning so we can move on to McDowell dam this morning. Starting out with item A there, I don’t know, Michael. There’s anything any updates regarding the supplemental water supply this morning? Um, nothing specific other than, um, we’re going to be requesting the board on the supplemental water supply work completed with the preliminary

00:02:53,430	engineering. So we now need to submit for design and construction. As far as the grant process goes. So if the board would concur with that, we would need that in your minutes in order to show the state Water Commission that you directed us to apply for those funds. Okay.

00:03:08,900	This would be for the final design, right? That’s correct. How about any bidding assistance in there? No, they do not go to construction until final design is completed for as funding goes. Okay. So that’ll be part of it. That’ll be second request. Correct. Okay. Mr. Chairman, just a question on that.

00:03:26,500	Um, so in our packet we have a cashier agreement that was signed for pre-construction. Correct. So what are you referring to? Well, we go through pre-construction now. We go through final design. But design is pre-construction. Um, Travis, I don’t know if maybe you can address that one. So yeah, because this one was signed earlier this month based on the our July meeting.

00:03:52,200	Correct. Uh, manager. Uh. Chairman, managers, I think what Michael might be referring to is, uh, the email that I sent regarding the Hog Island work for the Dave Schrader level. Correct. Yeah. Sorry about that. On multitasking. Okay. So this is more of a informational, correct? Yeah. This was presented.

00:04:13,730	And have we heard anything back from the state at all? Um, on the final, the Hog Island one or no on this one. Yeah. No, other than this was signed. Um, I will do a couple of quick updates getting to this one. Uh, we have been looking at the pump design scenario.

00:04:29,030	Initially we had a single pump system. We’re looking at a dual pump system now for a couple of reasons. One is the, um, efficiency of a dual pump system. Plus the fact, um, the ability to get the parts and materials and the, uh, basically the electronics industry is really tight right now to getting that stuff.

00:04:48,930	And we thought it’s best to switch off and do a dual pump system. It gives you a little bit more flexibility from an operations perspective as well. Okay. So sorry. Sorry about the confusion. So Mike a question on that then. Would it be just one pump operates though.

00:05:04,800	And then it would just be a or is it could they operate at the same time? They would basically be operating at the same time okay. For full capacity. But you could operate one at a lower if you had capacity, if you had to pass one of those down, you’d always have our operational. Make sense? Okay. Thank you. Yep. Okay.

00:05:23,000	Any other questions regarding the supplemental water supply? Okay. Hearing none. We can move on to item C. The aerator proposals. I think we have some guests here this morning, but manager Mitchell update. Yeah, thanks. Chairman Landenberger.

00:05:43,800	Today we have some water care uh, going to talk about and present on the circulation units and proposals for McDowell Dam. I believe everybody has gotten copies of those and had a chance to look them over. And so we have with us today we have Bryce Hill, the regional manager, Josh green, as our engineering manager, and Caleb Anderson as head of operations in the USA. So gentlemen, thanks for coming. And the floor is yours.

00:06:06,670	Oh, reminder two. Um, we do have a sign up in the back of the room. So if anybody who hasn’t signed in, if you could please sign in at least before you leave, uh, just kind of who you are and who you’re representing. Thank you. Did you have the.

00:06:21,100	Yeah, it should be. It should be all loaded up already, I believe. Yep. There you go. Uh. Good morning. Good morning, good morning. Um. Me and. Chuck have been kind of going back and forth through. Sort of. You just use the microphone because it doesn’t pick up very well or recording.

00:06:37,370	Thank you. Uh, me and Chuck have been kind of going back and forth here for the last couple of months discussing options and everything for McDowell reservoir to, uh, reduce harmful algae blooms and, uh, just produce an overall better quality of, uh, I don’t know if you want to say

00:06:54,270	life at the dam for anybody using it for recreation or anything like that. Um, because as everybody knows, the the algae blooms and everything can be fatal, harmful. Um, for anybody involved. Uh, so I did bring Josh green with me.

00:07:16,900	He’s way better at the technical information as related to the solar be, um. So as you can see, the solar bees are are used quite commonly in freshwater lakes, ponds. Uh, we do a lot of work with golf courses, city ponds to prevent the algae bloom.

00:07:41,900	Um, as far and including recreational lakes, where they exist among boats and swimmers and fishermen and everything else. Uh, so they are they are prone and adaptable to pretty much anywhere we put them. Uh, so the. Main function of them is, uh, we set, uh, set an intake depth at the thermocline to kind of get below the, uh, hot water that’s on the top layers.

00:08:05,230	And then we get that cool, dense water and it, uh, processes our largest machine, processes 10,000 gallons a minute and distributes a thin, uh, 2 to 3 inch layer of water out across the top of the, uh, uh, surface. And it pushes out and it can each machine can process up to 35 acres.

00:08:27,630	Um, so it helps bring up that cool water and it kind of limits the action of the blue green algae from coming to the surface and gaining that sunlight. And then they, uh, you know, it essentially chokes it out and, uh, it’ll fall to the ground, follow the bottom. So. I’m going to affect, uh, no, no baffles in the lake. So. Yeah. So kind of.

00:08:54,370	So yeah, some of the common issues with all this stuff is, you know, the cyanobacteria is, um, obviously the taste and odors and odor is one of the biggest problems for these lakes and reservoirs and stuff like that.

00:09:09,830	And, um, I know there’s a lot of issues with fishermen and they don’t like, you know, they have issues with fishing and, um, just recreational purposes in general. Um, they, uh, as you can see the picture there, I mean, that’s a pretty, pretty gross looking lake and that’s, uh, what we try to improve on.

00:09:33,230	And our machines are, you know, they don’t circulate really, really well. And they eventually get rid of all that, um, gross green look and improves the color. And, uh, um, odor. And you can see a lot, a lot deeper into the water. So that’s a good look at one of our machines. Um, they are free floating.

00:09:55,700	Uh, we have anchors that keep them in place. We set them at, uh, specific locations, depending on where kind of the deeper parts of the lake are. And we’ll put them at the front end of kind of the inlet.

00:10:11,700	Also, just to kind of get that fresh water coming in and get that circulated, make sure that’s all moving around properly and distribute it out as efficiently as possible. Uh, we couple different orientations depending on, you know, how many are required for each, uh, lake and reservoir, uh, depending on the size and shape of the reservoir.

00:10:32,500	So I believe for what we’ve looked at on McDowell Dam, I think we looked at 2 or 3, um, to adequately reach all of the, uh, all of the surface. So, um, 100% solar powered and the solar power actually charges a battery, and the battery is, uh, used overnight so that we can operate 24 over seven.

00:10:58,170	Um, the three three panels that we use are 100 watt, 100 watt volt panels, and they, uh, operate very, very well. And if, uh, you know, they have room to spin around and they absorb sunlight all day long and, uh, even in even within some of the more cloudy days.

00:11:17,670	And if there’s a, you know, say, 3 or 4 days of clouds, the machine will still run off of that battery power and limited sunlight. So everything’s made out of stainless steel. Um, except for the floats. It’s a very durable, uh, polyethylene. And they’re foam filled, foam filled, and they have, uh, up to £1,400 of buoyancy.

00:11:39,330	So even if there’s somebody decides to be crazy and jump on it, there won’t be sink in the machine or anything like that. Um, as I said, the 35 acres, there’s a we have, uh, SCADA available options. So there’s, um, ability to read some of the data from that machine and present that to yourselves. Um, we also have a hive. Lynx is a system that we have instituted.

00:11:58,500	It’s an online program that sends up to the sends all the data from the machine up to the cloud, and it’s accessible on a, um, website that we would be able to hook up and provide for you and for the frames alone. There are 25 year expectancy.

00:12:15,100	Um, the hoses are, uh, very, very durable as well. They, you know, they need a little bit of cleaning here and there every probably once a year, which is a service that we also provide. If we were to go that route. So. Yeah.

00:12:36,730	And then as you can see, I mean, approximately a quarter mile spacing depending on what we need and what, uh, what type of area that we need to cover. So sometimes depending on if it’s deeper, maybe you need a little bit more, uh, a little more coverage or have them closer together.

00:12:49,870	But um, for the depth that McDowell is, I don’t think there’s going to be too much necessity to be any closer. So. Uh, this is kind of a good representation of what, uh, I kind of mentioned as far as sitting down at the thermocline below the, uh, warm layer of the water and then, uh, the distributes out across the top.

00:13:10,030	And as the cool water is going out, it tends to, uh, circulate that top above the thermocline and the technology that we have, actually, the, uh, where we set our intake plate, it only pulls from that plane. So you won’t be affecting anything below the, uh, intake plate.

00:13:27,300	So wherever we set that at, say it’s, you know, if it’s 20 foot depth, we’ll set it about ten, 11ft deep for meeting that thermocline. It won’t pull from anywhere below that 10 or 11ft deep. So it comes from that one straight plane.

00:13:45,970	Um, no effect to wildlife, no issues with fish, no issues with, uh, any other wildlife that happened beyond the, uh, reservoir and lakes. So, yeah, that’s another good representation of just kind of how it, uh, you know, creates a direct flow and also creates an induced flow in that upper plane with all the, uh, dense water that we’re pulling up. So. Yeah.

00:14:16,300	So that’s I mean, we have a lot of different applications. One of these is, uh, we’re kind of talking about wastewater, where we’re sitting at two feet. But you’re good there. So. Yeah. Um, yeah. And, you know, this is this is hyperkinetic.

00:14:37,870	This is more of a deeper situation where if we’re looking at improving on iron, manganese or any other kind of heavy metal issues, um, this gets set down closer to the bottom of the lake where we’re, you know, really processing all that down lower and kind of get that oxygenated water, um, get that, um, oxygenated water up to the top and get that, uh, um, circulating around too.

00:14:58,470	So, but that’s more like I said, that thermocline, um, application is more for the blue green algae of what we’re kind of discussing. So. That’s a that’s kind of the representation of what it would look like for the, uh, uh, deep water circulating. So.

00:15:24,100	Um, so yeah, that’s I guess as far as the hose goes in the settings go, um, it’s adjustable. We can add different depths if you need, once we get them on there, if it’s not doing quite the right what we need, um, we can come out, check the depths of where the thermocline is, and we can adjust the hose as

00:15:36,670	is. The hoses come in. Ten, 20, ten and 20 foot sections. But we can add on if we need to go to any deeper than that. So. Yeah, we’ve got solar bees all over, all over the country. Um, Canada, uh, some in Guam, Mexico, um. Just installed some in Scotland or. Ireland, Scotland and Ireland.

00:16:00,900	We got one in France. We’ve got a lot of, a lot of proving ground of, uh, function and actual success stories. So they are, they’re very efficient, very, uh, very adequate to process as much water as possible.

00:16:19,130	Um, each solar be actually can, uh, if you compare it to an aeration system, each solar be can actually offset 30 to 40 horsepower. Um, uh, motors. So you’re, uh, you’re maybe, maybe looks like a little bit more up front cost. But, uh, a lot of times in 2 to 3 years, your power savings, actually, you make up that difference very quickly. So. Yeah.

00:16:45,200	So, uh, is that. Yeah, this is kind of showing that you can see you can kind of see that there’s a ripple effect coming from that solar be um, it’s a very, very laminar flow. And it doesn’t you really don’t notice it. But if you’re really sitting there looking at it, you can tell it’s moving.

00:17:00,730	The, uh, it’s as far as efficiency, the, uh, impeller rotates at 80 rpm and it’s still only it still pulls a 3000 gallon direct flow and induces 7000 gallons per minute. Um, uh, induced flow. Yeah. So, yeah. So it’s not. Um, aesthetic wise and everything like that.

00:17:28,700	For the most part, you you don’t really notice them unless you’re looking for them. Well, there you go. There’s, there’s there’s the proof of buoyancy. I don’t think we have those in McDowell Dam. Do we know? That’s a whole different. Movie. So, uh.

00:17:51,630	Yeah, this is kind of a good representation of you can kind of see the green, the really bright green look around the dock there, and then against the, uh, shore. That solar view is put in, um, you know, after, I’d say a couple of weeks to a month, you probably see a good effect like. that., sometimes quicker, depending on the depth and the level of bloom that you’re seeing, to.

00:18:10,070	So but if you get them placed right away in the spring before it gets warm enough for algae blooms to even begin to form, it’ll prevent them from ever coming around. Yeah. The main the main comment there is that we’re not going to completely, uh, we won’t remove the bloom right away.

00:18:27,700	It’ll dissipate. But, uh, come next year, come the spring, uh, it’ll keep all that algae from actually forming. And the bloom will go. Won’t even form. So. So. Josh, the cyanobacteria, is that the one that causes the blue green algae? Yeah. Okay. Yeah. The cyanobacteria is the blue green algae. Um, cyan. Yeah. Yeah, yeah.

00:18:54,870	Yeah, yeah. This is that was one of our big power. Big power station in Colorado. Um, yeah. As you can see, I kind of mentioned the horsepower replacement we had replaced 200 horsepower of their aeration system, and they improved their improved their water quality immensely. And, uh, it was one of the.

00:19:19,500	It was they used that water for kind of their cooling system through that power plant. And, um, they pretty much got rid of their blue green algae issue, um, within a, within a few months. And, uh, every year over year, it never came back. So.

00:19:38,700	Is that Josh? Is that because of the residual that it does dissolve the oxygen that carry it, that carries over throughout the winter and stuff? Yep, yep. They’ll continue through the winter. Um, they actually have a power system where they will shut down over the winter. So as it freezes it will sense that it’s freezing.

00:19:52,030	And, um, there’s be that restriction and they will shut down and go to a hibernation mode unless the water stays open. Um, but they will they’ll actually keep the water open for a while longer when as the freezing comes in.

00:20:07,730	And then once, uh, thaw comes, they will fire back up again on their own. So they, uh. But, yeah, they, as they process, uh, that cool water in the spring, um, it keeps all that cyanobacteria down below the surface and keeps it from coming back. Yeah. So that’s another case study that we got. Um, but yeah. So how big are they? Uh. The float radius is about 12. Foot.

00:20:36,330	12 to 15 foot. Yeah, yeah. So the for the. Full circle is about a 12 foot diameter. The the dish is about a six foot, six foot diameter. Um, they weigh about £800. So moving them is not the most simple project.

00:20:52,400	But as I said, we’re we have a bunch of service teams around that move all over the country. And, um, a few of them live right here in town, actually. So, I mean, there’s a possibility for, uh, real easy service and maintenance. So your photos with the with the three that you kind of had showing the, you know, kind of a typical.

00:21:08,400	Is that the one you have quoted here, the V 20 is that the 10,000 gallons per minute, that’s your largest one. That’s the largest one. Yeah. The solar be 10,000 is the, uh, large largest frame model that we have. Okay. And that’s in the photos. That’s the one that shows up with the three. Yep, yep. Okay. Correct.

00:21:24,370	Do you have any, uh, installations or do you have any installations? Uh, nearby? Any, like in the other question I was going to ask, like, you know, similar to the situation we have, you know, a small recreational lake. Yeah. Um, we have one in Hettinger.

00:21:40,970	Um, uh, we have, uh, wastewater pond actually, in Mandan that we have one on. And that’s actually for a blue green algae application. Obviously, it’s not a recreational, but it’s still doing the same, uh, process. Um. Bully pulpit. Yep. Got one out at bully. We got two of them out there and two separate ponds. Okay. Yeah, yeah.

00:21:59,600	Um, Dan Hettinger just got a new one, and they’re looking at another new one. Yeah. What’s the situation ahead of here? Is it a reservoir? Yeah. The reservoir. Okay. Yep. Yep. Yeah. Mirror lake, mirror. Lake, there you go. That’s true. Mandan treatment center. How big of a system is that? Or what model is that? Um, I think.

00:22:18,500	That’s not the 10,000. No, that’s a 5000. So that’s the next one down. That’s. because the because like that South Beach area, um, obviously you’re not going to have the depth there. So a smaller one in addition to larger ones for the main reservoir might be a good value.

00:22:32,900	Yep. Yeah. No. So I did say that the hoses come in ten foot lengths, but um, we chain them up if we need to go any shallower. Um, and then for the wastewater side of it, too, there’s, uh, just older capping version where it’s only about 6 to 10in below the surface. So.

00:22:50,870	You know, we have the, uh, the proposals for, um, for one or for two, two units. And we got that, that proposal. And then we also discussed about the rental units and everything as well.

00:23:10,270	Can you guys just kind of touch on that a little bit? Um, so there is, there is the option to purchase them outright. Um, and it’s a larger cost up front. Uh, but then there’s also the option to buy service contracts and that kind of thing with your purchase machine. Um, whereas with the rental, it’s, it’s a fee every year, depending on how many months you rent them for.

00:23:31,230	Um, but then it’s, they’re constantly under the maintenance of XOM. Um, so there are machines. We’re responsible for them. Unless somebody happens to crash into one or anything like that. Um, as far as parts and labor and all that kind of goes, it’s it’s all handled by us. Um, whereas with the purchasing them outright, you own them.

00:23:51,230	Um, but then, like I said, you have to buy that service contract each year to, uh, if you want our crews to come out, do the maintenance. As far as cleaning, the cleaning, the solar panels, um, replacing any parts that are broken or, uh, just worn out. Anything like that. Okay.

00:24:09,370	And then the preventive maintenance is part of that as well. Correct? Contract. Um, the contracts we can either do, uh, once a year or twice a year visit, um, depending on whether we, you want us to pull them out or anything like that.

00:24:27,370	Um, most people do once a year, visit in the spring, just make sure everything’s up and running and ready to go for the year. Um, but we do have customers that do the two the twice a year as well just depends on what their needs are. Sure.

00:24:45,170	So the optional service plan that you have listed here, um, for the 7000, is that what can you explain a little bit what that one is. Yeah. Okay. Thank you. Yeah I’ll jump in as well. Uh, so the optional service plan is our preventative maintenance plan. Uh, so the guys will come out, they’ll actually check everything that’s functioning on the machine, clean it off, replace anything that’s necessary.

00:25:04,900	Um, it’s kind of an extension on the preexisting warranty. Um, is how it works. So there’s an initial warranty after that would be then when you would purchase that preventative maintenance plan with the rental program, that’s just kind of rolled into that price. So makes sense.

00:25:25,930	The benefit is have you purchased the machine outright? You’ll be spending less money over the 15 to 2025 years you own this machine. If you rent it, it is a little bit more, but it also there’s a little bit of an ease of mind and it’s more of an operational expense as opposed to a capital expense because it’s lower. So is that an annual cost in that 7000 for that? Yes. Yep, yep. That would be annual.

00:25:41,230	And you can set the contracts up to be multi-year single years. Um, and then those do obviously increase over time with inflation, gas, all those things as well. Um, so they’re, you know, they’re not locked in at one price forever, but they are negotiated with, with you guys every year.

00:25:58,570	If you did want to keep extending it, um, we’ve got people that have had those for 20 plus years. Uh, these machines last an extraordinarily long time. And we, because of that preventative maintenance plan, are able to maintain them very well throughout that time, like these guys have talked about. We have around a 20 person service team.

00:26:16,570	They’re kind of based all over the US and they service things from North Dakota to Florida to Australia. Like these guys are everywhere. Um, but several of them, including our field service manager, are based in Bismarck. So. Good. Okay. All right. Thank you. And these contracts are six, six month contracts for rental.

00:26:39,400	Um, six month is the lowest term you could do. You could do longer. So we’re we’re open to do as long as you’d like. If you want to negotiate a five year, one off the rip, I’m sure we can make that work. I can talk to our finance guy.

00:26:51,700	So, um, but six month is the lowest amount we do for the rental. Just so if you do want them seasonally, we’re able to put them in for those six months and then pull the machine out.

00:27:04,100	Um, it can, you know, kind of be hit or miss on getting the team back out here to get those in in time. So that is kind of the the thing with doing a longer one if you are going to keep them year over year over year, it’s easier to just do a multi year off the rip. We keep them here and then we’re able to maintain them for you.

00:27:16,300	Otherwise we just have to organize installation and so on every year with you. So okay. So if we’re renting them then you call them in the winter and store them. We can um, unless you are planning on just continuing to rent them through it.

00:27:35,630	And they, as Josh kind of mentioned earlier, they’re capable of being out there through the winter. Um, if anything happens to them during the winter, you know, because of the freezer, because some someone decides to jump on them in the middle of the winter or whatever it is, uh, when we get out in the spring for that service plan,

00:27:50,430	we’ll check them, make sure they’re good to go, and then get them repaired. So and the big benefit to the rental is, like I said, the lower capital expenditure right away. And it’s not your problem. Right. It’s like leasing a vehicle.

00:28:05,730	I know I’m going to hand this back at the end of the day, worst case scenario. So it kind of allows you guys to just write this off. This is how much it’ll be month over month. And this problem is taken care of. And we’re right next door so we can take care of that for you.

00:28:16,530	That yellow downdraft hose is that collapsible. So like if they want to pull it up into a bay, it just pulls up and it is. Yes. In our situation would you recommend we keep them in there all winter.

00:28:35,300	And we’ve had conversations kind of with with Bismarck Parks and Rec who, you know, helps operate and maintain our our system out there. And, you know, just we probably want to visit with them some more. But is that something you guys would recommend that we would just keep them in their water? I personally think it’s kind of the easiest option for you.

00:28:47,500	Um, it reduces that amount of time where you have to try to set up an install window whenever things start to thaw. Do they thaw early? Do they thaw late? And trying to kind of organize that? It allows it to be right out there as soon as things start.

00:29:00,370	So we are able to get in front of any algae blooms and kind of reduces the headache for you guys and and for us on a scheduling side. So is there any concern if we want to kind of override and shut down, let’s say November 1st, there’s ice fishing and stuff out there, right.

00:29:15,830	Um, just from a safety standpoint, can we override and shut them down so we don’t create weird ice or. Yep, yep. Yeah, we definitely can. No. Just freezing around it and. Yeah. Yeah. Yep. Yeah I think that might be our preference is because of the ice fishermen potentially.

00:29:30,770	And with uh, with hive lengths, which is our kind of remote platform there. And we’re currently working on an extension of that. It’s a newly developed kind of remote monitoring platform, um, and that’s going to keep extending with a lot of new ads that we’re working on currently in R&D.

00:29:47,300	Um, that is one where you’d be able to kind of actually look into those machines, see what’s going on, and make sure they’re not running when you need them to, or if they are making sure they’re running full capacity. It also allows our team to use that for preventative maintenance as well.

00:30:00,370	So if we’re seeing an issue, we can reach out to you and say, hey, we’re seeing something on one of these machines. Would it be all right if we’re out on this date? So. Okay. They could see this information on their phones? Yes. Through, uh, through a website. Yeah. Okay. Okay. Any other questions? Do you have a question? I did have lots of questions, but most of them got asked. I under the purchase agreement.

00:30:25,770	What is the warranty? You meant? You alluded to a warranty. I mean. I believe the initial warranty is two years. Two years? Yes. Yeah. Yeah. And that’s two years for anything with that machine that goes on, we’ll take care of it.

00:30:40,970	Uh, and then like I said, pretty much the moment you’re getting close to the end of that two year purchase agreement warranty, we then reach out to say, hey, we’d love to sign you up for our preventative maintenance plan. We call it Beekeeper solar bee makes a lot of sense there. Um, so we, uh, we immediately reach out.

00:30:54,700	We try to get you signed up for that just in case anything was to happen. And even if you did not want to pursue, uh, that preventative maintenance program, we do offer quoted service. So if anything was to ever happen with the machine, we have plenty of people who take that option as well.

00:31:07,430	We then quote that specific cost to you, and then we schedule that as well. Okay. Yeah. Dennis. Yes. Okay. Okay. Yeah. Well, thank you for your time. Um. Appreciate it. I know, Chuck, I think maybe just a thought here.

00:31:30,430	I’m wondering maybe if we have Houston kind of take a look at, you know, the quote and the specs and on because we had we had two quotes. Now, um, for something similar and just see maybe what Houston’s got some thoughts or ideas. And then I would like to get, you know, Bismarck parks and recs kind of thoughts on some of this as well.

00:31:47,470	And maybe we could visit with them and, and uh, so, you know, we, we are thinking about moving forward if we decide to probably be like this fall sometime, I’m guessing, and probably for an installation next year, that’s that doable timeline, I assume. Yeah. Perfect. Okay. Yeah. Just one other thing.

00:32:03,370	I think we maybe talked about at last meeting as well. I would like somebody from the Department of Environmental Quality or some specialist lake specialists that would, you know, offer us some insight as to the, to the need, the benefits of, of such systems for our situation, I guess. So, yeah. I’d like that to happen at some point as well.

00:32:21,070	Well, yeah, to that point then. Uh, manager Reep I did, I did try to contact Marty Harrelson and left a message with him. He was on vacation and I’ve been waiting to hear back from him, so I’ll I’ll follow up with him again. Okay.

00:32:37,230	So I think it’d be prudent to that to talk to, uh, game and fish, uh, fishery department. Chuck did do that I think. And. Yeah. Yeah. Yeah, they’re aware and. Yep. Uh, was the gentleman’s name again. Uh. Bailey. Yeah. Paul Bailey. Yep. Yep. Paul Bailey I talked to him and he was he was pretty much on board with all of that. And he could see the benefits from that. And.

00:32:57,300	You know, they stalk McDonald. Yep yep yep. Yeah. So and I don’t know if they’re having dissolved oxygen in, uh, issues in the winter. Uh, some winters anyway, they probably do. There might be times that we would potentially run it just to save a fishery. Sure. Kick it up earlier in the spring, maybe, or. Right. Great.

00:33:21,530	Yeah. Yeah. And I think initially having them running and like we say we go into to the wintertime and everything and that residual dissolved oxygen, oxygen is still being maintained in there.

00:33:38,330	That’s just going to be just, you know, fuel for the fire for for spring when we start up and everything, we’re going to be ahead of the game more than more so than we have been in the past. So okay.

00:33:55,030	And then I don’t know what sort of, you know, potential funding or grant options there might be for, for things of this nature if there’s, you know, but something maybe we could look into as well. Okay, okay. All right. Thank you. Thank you. Thanks. Appreciate it. Thank you. If I may, Mr. Chairman, a couple things. Appreciate the. Presentation and background. Like I said on the prior analysis for the reservoir, um, as part of the overall. water quality and stuff and the TMD study. We did look.

00:34:18,670	At this. And solar be was one of the ones that we considered at that point in time. So I think you’re right, you know, going back and having consultation with game and Fish deck and then looking at the, um, the augmented water supply scenario. We have a treatment system at the end of that.

00:34:34,700	Um, I think one of the things we’d want to do is just evaluate that versus this. Um, you’re still going to need water. I mean, you don’t have a water scenario, but what does that treatment system look like? And does it need to be modified or maybe adjusted based on what this may actually provide to

00:34:49,430	the system? And that’s a that’s kind of a dark question as well as game and fish. So we would probably do a consultation meeting with all the um, if you want to call them jurisdictional parties and say, hey, let’s have a, let’s have a conversation as to what we’re doing, what you’re planning and

00:35:04,430	where this goes and how it fits into the overall management picture for the lake. So with your consensus, we would set something up. And again, probably go into this fall and winter and see where it goes into, uh, spring. So yeah, I think that kind of consensus. Yeah. And Chuck just kind of worked with Michael.

00:35:21,530	And I would like to have a review of kind of the two quotes and just kind of see how we’re getting to an apples to apples comparison as best we can. Okay. Yep. Thank you. All right. Anything else on McDowell Dam this morning? If not, we can move on to item six.

00:35:42,370	The South Bismarck Flood Control project. Um, we did have some guests last month that kind of gave us an update on what they’re looking at doing for that project. And then in your packet on page 16 is the letter of support that we were sending to the Department of Water Resources.

00:36:00,800	Um, with my signature, basically just thanking them for the our opportunity to comment and that we believe it’s a good project. And, um, provides adequate consideration for any future changes. So I think we’re probably good. There might go as far as what we got to do is as, uh, correspondence. Yeah. That’s correct.

00:36:19,300	As far as the application, I do not believe the application has been fully submitted yet, but it will be this letter will be basically prevent that 45 day timeline from, um, impacting the the overall process for moving forward. Uh, as you’ll note, along with that, I created the BFE memorandum, which I think is important.

00:36:40,130	Looking to the board today to, um, share that memorandum with the various um, planning and zoning in the city of Bismarck. The city of Bismarck already has it because it’s part of the letter transmittal. But, um. This is on page 17. The right. Yeah. Been working on this for a while.

00:36:57,670	Finally got around to finishing it up at, uh, obviously the value was, um, here at the moment to actually put this in place, but that advisory basically points out the issue with the Hawaii Delta formation and that within 10 to 15 years, the situation or the bathymetry in the river is likely to come back to what it was before.

00:37:16,630	So even though we’ve had a reduction in the BFE based on the FEMA study for scour, um, it wasn’t as much because it was offset a little bit by the new flows. But the BFE will continue to increase the next time we do a study. The BFE is going to be higher.

00:37:33,970	The connection or nexus, if you will, with the South Bismarck project, is if you’re designing that project, did you take into account these increases that might happen in the future? And the answer is yes. So that’s important.

00:37:48,570	The next piece of it is, is to get it out to planning and zoning and saying, hey, there probably should be an advisory put out to people who are building that, though. You’re building the current, uh, FEMA standards, FEMA or shall I say, FEMA’s program under the county and city ordinances.

00:38:04,070	Um, you still have risks that are going to be occurring at a later point in time, and you should be aware of those if you choose not to build to them. You can. But if you also choose and say, hey, I recognize this is coming, I’m going to have my builder go another foot higher. Um, that’s obviously an advantage to the public as well as the individual who’s building. So it’s an advisory.

00:38:19,430	It’s not a mandate we’re not requesting or you wouldn’t request changes to the ordinance, but it puts it out there for people to be aware of it. Yeah. So with your consensus, we would transmit this memo to those parties and they can do what they wish with them. So.

00:38:34,230	Yeah, Michael, I know I saw in here how far upstream do you. Does this study show the effect of that delta. We base? Let me go back to the table.

00:38:58,400	The table goes all the way to the north limit of the 2005 FEMA model, which is basically north end of Misty waters are just upstream from that. About, uh, eight, nine miles. It goes from 1319 to 1328. Okay. So you didn’t chase it all the way down, but somewhere in that region probably. Yeah. I guess the most important ones are you look right through the Bismarck Mandan area, um, Memorial Bridge, BNSF railroad.

00:39:19,170	You know, you’re seeing that one foot rise in the BFE from the current FEMA model or the current standards that are there today. Yeah, it actually goes up to like, yeah, 13, almost 1329. So it goes quite a ways north. Yeah. It goes in basically Burleigh county line. Okay. You’ll notice it’s kind of interesting.

00:39:36,170	We do not have in this model or as the simulation is done, uh, we actually don’t have um, much of an increase at the upper end, but that’s just a, you know, functionality of the river. Uh, we did notice a scour at the southern end. We noticed some increase in elevations in the Hog Island area because of sedimentation.

00:39:54,300	It’s all a matter of what the river is doing. The river is going to do what it’s going to do. So this is a snapshot in time based on available data. Um, it’s not an absolute.

00:40:09,230	I did note in here that at the point in time when we were starting all this stuff, there was a sediment transport model that was being discussed where you could make a projection based on, you know, current flow dynamics and stuff in the river, but there wasn’t enough funding for that. So but this gives you an indication that that is out there. And the changes are going to continue. Okay.

00:40:28,970	Any other questions? If not, uh, board consensus to have Michael send us send this out. Okay. Thanks, Michael. Yep. Okay. That’s all we have on the South Bismarck flood control. We can move on to item seven this morning. The misty waters. Uh, Missouri River setback variance. Request. I know.

00:40:52,370	Mitch, do you want to start? Maybe have Mitch just kind of give us a general update, Scott, and then we can have you. Go to Mitch. Good morning, Mr. Chair. Uh. Members of the board. Uh, I was approached by Mr. Scott Sterling last month about building a house on Misty Waters Drive, lot 29. I asked him for the information.

00:41:44,800	The building plans a lot exhibit and that sort of thing. He sent me this a lot exhibit, which shows the proposed location of the house, and on it. It also has the 100 foot setback, which is right right along the, uh.

00:42:13,630	You see that dashed line with on the left side it says 100 foot setback. Yep. The first law exhibit that he sent, uh, neglected to include this. So when he sent me this, I said, well, there’s no way I can issue a building permit for this. Um, reinforce this setback. We have denied other permits previously because of this.

00:42:37,830	And it’s been in effect for long before I got here. And so he wants the variance that not just for this lot, but for, for other houses to, for other lots.

00:43:10,870	So they have I was not here for the meeting last week, which I had a reunion out of state, but I do have the team’s meeting notes from Mr. Gunsch Michael Gunsch that lists some of the information that was gathered for this. Uh, the process is he seeks the variance to the Planning Commission, and then either it’s denied or approved, recommended, denied or recommended. Approved. If it’s denied, he can appeal that to the county board.

00:43:36,100	And if that’s denied, then he can appeal it to district court. So, um, that’s where we’re at with this right now. Michael. Yes, Mr. Chairman. Mitch, thank you for the introduction on that.

00:44:01,570	Um, what I’m going to do is go through the current status of the, um, bank stabilization requirements as they existed, as they exist today, and the needs of the project actually proceed. Um, there’s a long history out here with the, uh, that particular bank line, uh, you can see on page 47, there’s been some significant erosion that has already occurred along that bank, uh, in the neighborhood of, um, 100, basically 68 to 100ft, that’s already eroded, that’s disappeared since the

00:44:25,730	development was put in place. Understand that this development, um, was originally permitted by the US Army Corps of Engineers, and they did not allow bank stabilization to occur along the Missouri River.

00:44:44,000	Now, there’s, uh, I don’t know whether you call it a change in thought or something that, uh, there’s they’ve issued a nationwide permit for a single lot, uh, that creates a number of issues. So I’m going to step back through the, um, changes in the setback.

00:45:03,970	The this particular board back in November of 2015, it’s on page 44, actually passed a resolution that your position relative to bank stabilization, relative to development behind the bank, is 100ft from the top of the bank. Now, that was a conversation at the time with the city of Bismarck.

00:45:22,170	City of Bismarck standard is 100 foot from the top of bank or excuse me, 100 foot from the ordinary high watermark and the city of Bismarck’s ordinary high watermark is, um. The State of North Dakota is the county ordinary. High watermark is at 33000 cfs. There’s a kind of a scenario there, but at that, this was at one point a city of Bismarck. Um, Platte was in Etah.

00:45:45,630	So the 100 foot standard that was in by the city was also included in the PUD for this particular development. So I’ll step into the PUD stuff and a little bit the current Burleigh County ordinance has a 100 foot setback from the ordinary high water market, 33,000 cfs on an unprotected bank. Um, and a 75 foot setback on a protected bank. Let me qualify the two.

00:46:09,670	Um, obviously, the 100 foot setback is slightly different than the board’s resolution. Um, which is fine. The board’s resolution is kind of a non jurisdictional one. You don’t get to tell the county what this ordinance is, but it’s an advisory.

00:46:27,300	Uh, so the county ordinance in this case in in a non county area, um, or in a non ETA area would govern. So there’d be a 100 foot. And if you have a protected bank, it’d be 75 foot. Uh, the critical component when remembering a protected bank is it’s a designed protected bank.

00:46:45,030	It’s not contract or rock thrown over the side of the bank on top of the sandbar. Um, give you a prime example of what happens when you do. That. Was the Hog Island scenario, where it was a bunch of unpermitted, actually private rock that was put in between the jetties. When they failed, they lost anywhere from 30 to 50ft of their their property.

00:47:03,570	That is an unprotected bank on a protected bank. If you have losses, they would be smaller and you’d be able to keep up to what’s going on out there. So the protected term is very important to understand in that particular context. Um, the ordinary high watermark, like I said, the rock cannot extend into these sovereign lands.

00:47:21,770	Uh, I believe Scott has dealt with or talked to Amy Winkelman with the state and the DWR and adjusted it, because the same thing we had, Hog Island, you can’t extend the rock out into the sovereign, sovereign lands.

00:47:36,930	So in other words, you have to pull the bank back, which in this particular case, when you’re looking at the ability to develop that lot, pulling it back takes a little bit of, um, a number of feet off of that developable property on how you actually put that together. So that was the scenario.

00:47:55,370	Um, I can honestly say, um, full disclosure, I worked with Steve McCormick to attempt to get this area stabilized early on. The corps said no. We did several attempts from that point forward to try and get it stabilized. The Corps said, no, uh, the Corps said no, primarily because they determined that this was not a currently actively eroding bank.

00:48:18,970	Now, the Corps, in their nationwide permit, um, it’s the rules haven’t changed. In my understanding. But they call this an eroding bank. It’s an eroded bank. It’s not eroding. So I’m not sure how they’re issuing a nationwide given the past history, but I’m not going to tell them how to do their job.

00:48:39,030	I will say that if, in fact, the Corps has agreed that this area can now be stabilized, that the entire bank should be stabilized, that would be a protected status, uh, that protected status would basically put this property in a position to wear based on the county ordinance, at 75ft, that they would gain an additional 25ft within those lots actually

00:49:00,430	develop. And I think that’s a prudent step. But I don’t think any building permit or anything should be issued until that, um, permit is there. And until that stabilization is actually in place. Uh, I do not agree from a technical standpoint, that stabilizing a single lot is a is a prudent action.

00:49:16,670	In this case, uh, there’s too many risks of that failure of that individual lot. And therefore that goes back to the individual home. Um, is there the opportunity for other lots to be developed up there? Very similar. Yes. It all needs to be stabilized if in fact that’s going to occur.

00:49:33,070	Now, the the conundrum that comes here, first of all, is I’m not sure where the Corps is at relative to a individual permit, because the minute you try to do all of these, that will go to an individual permit status, which means the review will go back to Omaha, won’t be reviewed locally.

00:49:48,800	So that’s just kind of a shift in review criteria. Uh, what comes down in the bottom line of this is that the PUD, which was developed under the city of Bismarck, it’s now in the county because of the change in ETA status that PUD has restrictions on that setback at 100ft.

00:50:09,870	So in order to go to 75, it would require a modification to that PUD. So it’s not a modification of the ordinance. I do not believe that at any point in time that you would want to waive the setback at all. And even if you did weigh the setback, the setbacks are going to be governed or trumped by the PUD criteria.

00:50:28,030	So in this condition, it’s not the ordinance that design that drives everything, it’s the PD itself. That being said, they had another, um, lot layout, which I questioned was a little concerned about it, where they modified the front setback to be 35ft from the back of the curb. Um, that just doesn’t work.

00:50:48,830	That’s not even allowed. It’s 35ft from the lot line. Now, if there’s a desire to modify that and go to 25ft or go to something less, that also would have to be a PUD change. Uh, is it possible? Yes. Uh, is it likely? You know, maybe not. I can tell you that I have met with the homeowners association.

00:51:09,800	They recognize that, um, anything that’s changed out there has to go through the PD process. They do not have the ability to change the PUD themselves. That has to go through, uh, planning and zoning. Uh, they do have covenants which govern certain things.

00:51:27,300	And the covenants have a very high rate or need for everybody to approve for things happen. Um, there’s a long history of setback issue relative to floodplain, um, that there were multiple lawsuits and things that went through, and there was a lot of consternation in that whole development relative to that.

00:51:46,000	Uh, one of the context of this is, is that if both of those, um, setbacks were considered for modification, um, I’m not going to say you can’t. But if they were considered for modification, that the notice of that modification go to the entire PUD, which means everybody out there, this isn’t a notice of a particular area within X number of feet for a

00:52:03,600	zoning change. It’s a PUD. It involves the whole entire development. So any modification of that PUD should be noticed in the entire development. Which means at this point in time, um, looking at it from the district’s perspective, um, we would recommend that any request to the Burleigh County Planning and Zoning be delayed until the

00:52:23,500	PDF modifications are completed and adequate protection is permitted for construction. That’s a bottom line on this. I think there’s a lot of work that needs to be done to get to that point. Um, but the the scenario scenario is, is that the PUD is going to govern what’s here.

00:52:42,030	Your recommendation, two years down from a board, uh, back in 2015, was 100 foot from the top of bank. Um, I don’t know that you’d want to deviate from that. Um, wouldn’t think there’d be any reason to, um.

00:53:02,900	But the modification here comes to the pud itself, and again, I think the critical component is not just the PUD, but to actually make sure that the full stabilization can occur, because in order to get the 75 foot under the county ordinance or under the 75 foot under modified PD, you have to have a protected bank.

00:53:21,770	And I have made some comments internally about the the layout and the design that they have that I find is inadequate currently. Uh, so long story short, I’m hoping for questions. Maybe before we go to questions with Mike. Go ahead. Mitch. I might add on the the pod that would take an amendment. It would be public hearings at public at the Planning Commission. And then I would again go to the county commission for final approval.

00:53:45,600	So that’d be a two step process for that. They can’t just amend it themselves. That’d be a public hearing with the actual PD examined. All that, all the changes, all the proposed changes. And that would be moving forward. This PUD that would be rewritten essentially for those setbacks. Right.

00:54:08,670	And just a background scenario, the PD was just rewritten in June, I think it was published June 19 to 2025 because of the floodplain setback. So there’s been a lot of changes to this PUD over the years. And, um, there’s been again, a lot of, um, involvement and interest of all the property owners up there relative to changes in that.

00:54:30,100	So, um, there’s a, um, if you want to call it a public relations issue, that probably should be started in order to have conversations with those folks and see what their, um, appetite is, for, lack of a better thing. I mean, obviously they can’t dictate.

00:54:48,570	It goes through planning and zoning, but, uh, when you’re having a lot of people impacted, they’re probably going to come to the table and have questions. So. Okay, maybe before we go to questions, maybe I’ll invite Scott up to kind of walk through his, um.

00:55:07,100	Can I ask just one? Mitch, before you go, can I just ask one basic question? Um, so pud was, um, adopted by the city of Bismarck? Now, this is ETA, and so this becomes administrative responsibility of Burleigh County. Absolutely. And so that PUD does carry over as it exists right now. As it exists. Yeah. Okay. Thank you. Scott, would you like. To. Good morning, Chairman. And managers. Uh, first.

00:55:38,900	Of all, thank you for the time today. Um, for me being able to present this variance request, um, I am representing, um, six lots. Um, so not just, uh, 28 through 31. When you look at exhibit one.

00:56:00,770	Um, I have talked to lot owners for 27 and 32 as well. Those are, um, all six lots that are currently on and that I will be applying this variance for those six. Um, the purpose of this variance is to establish reasonable and buildable setbacks. Uh, for lots 27 through 32, while also encouraging permanent stabilization of the riverbank.

00:56:21,500	Um, so as we look at, uh, exhibit one or that first page, um, you’ll see where the original plots, uh, were laid out, where that, um, the bank was in 2003 when the development was created.

00:56:47,630	Um, during several high water years, um, the bank eroded back, as you can see, where the new, uh, high bank is. Um, it was just surveyed in June at that 33,000 cfs mark. Um, with the current setback for the county ordinance, which is 100ft from the ordinary high water mark, um, you can see on that exhibit right there where that 100 foot setback is.

00:57:17,070	And then I also on that exhibit, um, you can see the 35 foot setback from the property line. So there’s approximately 20ft from the back of the curb to the property lines, and then 35ft from the property line. Um, which helps create that, uh, that red shaded polygon, which is the buildable areas.

00:57:42,430	Um, so with those, uh, small pieces, that’s the the point of this variance is because we’re trying to get as much buildable area as we can, because those are just not buildable lots. Um, as they stand with the county ordinance, um, at 75ft, with a stabilized bank, um, we we do, um, respect the river. And that ordinance. And so, um.

00:58:08,270	We, uh, the current, the current, um, covenants and the PUD is 35ft for those river lots, um, from the property line. I just want to point this out. And it’s 25 foot setbacks from the interior lots and misty waters. So there already is, um, smaller setbacks for certain areas.

00:58:38,630	If we go to exhibit two. Um, this is the exhibit that, um, Mitch was, uh, showing. You can see that 100 foot setback going through that front of the house. Um, and then the 35 foot setback from the property line. So that just really illustrates how narrow, um, the buildable area is. And then exhibit three.

00:59:15,530	Page three. You can see with a stabilized bank, the 75 foot setback, um, from the ordinary high watermark, which is at 33,000 cfs. Um, and where the house footprint would, would be. And then, um, as I was pointed out on this exhibit, we did set the house back only 35ft from Mr. Waters Drive.

00:59:44,870	So that would only be 15ft. Uh, approximately from the property line. So you have the ten foot utility easement that would still, uh, we would still clear. And then a five foot, um, approximately from there. Um, the house footprint would start, and then you have a buildable lot.

01:00:08,300	Um, that would give us a total if we could gain 20ft, um, from the, the riverside, the roadside or combination of that would allow, um, all of these lots to be buildable. Uh, the even the shortest lot, the narrowest one. I think that was lot 30 would have approximately 55ft of buildable space at that point.

01:00:38,770	And then I wasn’t sure if you guys needed a page for, um, exhibit four. There is just the bank civilization plan that, um, Tom and engineering helped create. So again, the purpose for this variance request is to establish reasonable and buildable setbacks for lots 27 through 32, while also encouraging permanent stabilization of the bank.

01:01:03,830	Uh, for lot 29, which I am the owner of. Um, I have demonstrated the clear commitment to completing the bank stabilization properly through the appropriate regulatory process. So coordination with the US Army Corps of Engineers and North Dakota Department of Water Resources, um, I began That in January, and the permit applications were submitted in March or February and March.

01:01:26,300	Since that time, the proposed stabilization plan has continued to be refined, and in response to agency comments and engineering recommendations, I have commitments. The other adjacent landowners that they will continue with their bank stabilization permits and applications, as well.

01:01:51,400	And and join my stabilization efforts, because we do understand that, um, just stabilizing my bank is is a failure. I mean, we all know that probably in this room. Right? So, um, I do have a approved permit through the Corps of Engineers right now.

01:02:12,230	Uh, we met with sovereign lands on site, uh, three weeks ago, and I did resubmit some information that they were requesting. So I’m waiting to hear back from them to have a approved permit. There. Uh, in a let’s see, um. So ultimately, we are requesting the variance that provides a practical and consistent setback for those six lots. Recognizing the unique configuration of them. Uh, without a change to the current ordinance.

01:02:39,600	These lots will not be buildable, meaning that the private landowners have no incentives to stabilize the ranks, which will haunt this development in the county for years to come. During every high water event. Erosion will continue properties both with and without structures will be threatened along with the infrastructure. Um and the public roadways.

01:03:03,970	So it’s really in our best interest to get that bank stabilized, especially now that there’s changes with the Corps. Um, and sovereign lands seemed on on point with that. And, uh. And then we could have some buildable lots, hopefully.

01:03:28,170	Um, if appropriate, I would just like to open this up to the other law owners or the developer, my builder, anybody else that might have comments at this time? Anyone has anything? Uh. Any questions? Any questions for Scott? I got one. You want. To comment? Yeah. Yeah. Good morning. Morning, Commissioner. My name is Wade Vogel. I own Premier Homes in Mandan, North Dakota.

01:03:59,430	I’ve done a lot of building, a lot of developing on, uh, on the Missouri River. And I understand all the all the things that come into trying to build a home on the river. Um, just a couple of things that I wanted to point out that I’m. I don’t know, are exactly correct.

01:04:19,430	Uh, or that were, you know, interpreted, but the 35 foot setback, um, that is actually 55ft from the road because there’s 20 foot from the road and there’s another 35ft from the property line. So these houses on, on this particular street on the riverside are 55ft from the road and on the opposite side of the street, they’re only 35ft.

01:04:41,870	So I don’t know if that was clearly stated, but that’s the way I believe it is. Um, just God’s point. If, uh, if this area ever had an opportunity to be stabilized, I think the time is now. Um, Mr. Gunsch is correct that this area has been a burden for a while.

01:05:05,700	Um, it’s been tried to be, um, developed for a long time, and I don’t know if it’s a changing of the guard at the core, but the core is on board now, so I think it’s a prime opportunity for us to protect this neighborhood. So again, any questions for me? Any questions for Wade or Scott this morning? I have a general curiosity.

01:05:25,000	Question again, the 35ft versus a 20ft setback on either side of the road. What’s the logic or or technology behind that. I guess I need to. I’m not sure. Maybe Michael would have an answer. If I may. Mr. chairman, I did have a conversation with the HOA. Understand? City of Bismarck.

01:05:46,330	Um, the back of the setback. It’s changed in their current ordinance. They have a lot of different things, but the history behind it, um, the setback in the city of Bismarck is 25ft behind the lot line. Okay, it’s not behind the curb. It’s behind the lot line.

01:06:00,170	The lot line happens to be behind the back of sidewalk, which means you have a 4 to 6 foot boulevard and you have another 4 to 6 foot sidewalk. But let’s just say it’s ten feet between the two six foot on the especially on a corner lot, which I have.

01:06:14,700	So you got six feet and four feet, so you got ten feet, and then you have another 25ft, which is 35ft, which is where this ordinance basically probably was set on. Um, obviously Toleman Engineering created the PUD, and that 35ft was set based on that. So that’s where the set scenario is. Um, talk to the HOA out there.

01:06:35,670	This is a well-traveled street. It’s almost like a collector out there, which means they’ve got some safety concerns, which leads that distance important to them. Uh, currently we understand where Wade was talking about the insights. 25ft in the outside, 35ft. Um, do I think there’s some ability for conversation there? Yeah.

01:06:54,630	Um, can it be 35ft from the, um, back of curb? I’m not so sure you could put it that close. There’d be some discussion on that from a safety perspective, but there is a little bit of flexibility there. Um, on the other side of it. Absolutely. I agree with Wade.

01:07:11,870	The standpoint that this area should be should have been stabilized a long time ago. But here’s my concern. Um, changing guard or not? Um, just like you had on Hog Island.

01:07:29,900	This should not be done as individual property owners stabilizing their individual bank on individual permits, because the Corps is going to look at this just like you had at McDowell Dam the minute you went over 300 lineal feet. It was an individual permit.

01:07:44,970	This should be dealt with as an entire project from one end to the other, in order to properly protect this property and put it into the protected zone protected category for the for the county ordinance. And from this perspective, um, I’d be very comfortable on behalf of this board recommending to this board that if, in fact, that stabilization were to put in place that, uh, you could support that 75 foot change. Now, as I understand this match, because it’s a pud, it’s not really a variance anymore.

01:08:04,570	It’s a change in the PUD. So from a terminology, it’s a modification of the PUD for that setback. And there’s two modifications that are in place. One’s for the bank stabilization which this board is involved in. The internal one at 35 to 25 or whatever that was.

01:08:20,700	Um, it’s really not this board’s purview or jurisdiction that would come to planning and zoning and what the comfort level is on that side. So we appreciate the comments. Question, Michael, maybe you know or not, but what’s what’s going on with the protection, you know, upstream of lot 27 and downstream of lot 32.

01:08:42,600	Just trying to understand this with this, with this. If they were to get approval for continuous, you know, bank stabilization and protection with riprap from 27 through three, would there be a continuous protection line there? Um, you would not be continuous.

01:09:00,230	It’s it’s interesting because there’s a number of things that go on with the river, just to be honest with you. Uh, the entire reach along here was not to be stabilized under the original Misty waters permit. There are areas that are stabilized, and they’ve happened two ways. One is that property owner, developer. Whoever put material on the top of the bank.

01:09:18,800	And when the bank eroded, the material fell into the river. The stabilization is now there. There are also areas where I would venture to say I do not have any specific background on it, where the landowners protected their property on their own and didn’t get a permit. Not unlike what happened at Whole Island.

01:09:36,370	Uh, from the standpoint of this, if you want to call it newly protected area, uh, the design of this would be fairly straightforward. There would be a refusal at the upstream site, regardless as to what’s happening upstream.

01:09:56,830	That refusal would probably go from 25 to 50ft inland to prevent the water from cutting in behind should, in fact, some erosion occur at the upstream end and the downstream end. I wouldn’t be too much concerned about that kind of goes back into the, uh, access channel for the entrance entrance to the Misty waters, which is protected.

01:10:15,630	So looking on Google Earth, there appears to be some some maybe landowner initiated protection and maybe some more organized protection, but correct. Okay. But again, from a standpoint, if you if you build the northern piece of this, if you will, with a proper refusal from a design perspective, um, this reach could be easily stabilized. It’s not going to be inexpensive, but you could stabilize it to meet that protected status. Okay.

01:10:37,830	Yeah. Just going through what we saw at Hog Island. I mean, this is nothing to be trifled with. I mean, we saw protected banks erode 10 to 20ft in a matter of days. And it and that that’s what concerns me here.

01:10:56,600	Is that what what sort of level of protection is going to be out there for these likely very expensive homes? And like I said, we saw firsthand how quickly an ice floe, you know, you get an ice jam out there and it shot that water right to that bank. And within days it was it was gone.

01:11:12,970	And and we had revetments that were out there that are part of, you know, Burleigh county’s, uh, oversight. And those were taken out. And these are massive rock structures that were gone. And I was just, you know, just reminded again of the power of the Missouri River.

01:11:30,230	And when it’s when it’s flowing across these banks and you get ice jams and things happen and sandbars form and float gets redirected, it’s so that’s why we’re having these conversations, Scott, and we’re taking this very serious. Um, so appreciate your time today and appreciate your, your, your, your additional information.

01:11:49,830	And I’m going to ask the board if there’s any other additional questions for Scott and and or Michael and or Mitch. Um, before we kind of. Do, you know, Scott, all the landowners you kind of noted here on the plans. Are they willing to put together a collective, uh, protection? Yes. Okay. So I’m speaking on behalf of. Um, 47 to 32. Yes. Yep, yep.

01:12:12,230	Yeah. To all that. Honestly, just just speaking of, you know, here, I think for this board, I think we’d want to see that. I think we’d want to see that there is there is a plan for this, you know, and approved plan by the Corps, by the state.

01:12:28,830	I’m also concerned about the design, and I want to make sure Michael would have some input on that, on what we’re actually looking for, the design, and we haven’t gotten into the details on that as well. But making sure this is, you know, that the Corps approved Michael.

01:12:43,930	But there’s definitely things that we’d probably be interested in seeing if we’re going to even consider this. What sort of protection is going to be out there? But yeah, and I think on the bottom line of this from the standpoint and I’m not the board you are, but from your technical perspective, if in fact that permit from the Corps

01:13:00,300	covered all these lots, the design was there, they actually authorized that permit. Um, looking at the expense side of the equation, understanding the development investment, um, I would think at that point in time, this board could recommend two planning and zoning that the 75 foot setback modification to the PUD would be reasonable.

01:13:23,530	You would not address the other side of the equation, which would dust that 75. Um, also two items. I think I mentioned one before is that on the notification of the PUD, the entire property owners within that PUD be notified as part of the process.

01:13:43,770	Um, the other equation of that is the, um, the no permits be issued until the stabilization is physically in place. So two caveats to that approval. But I think from this board’s perspective and from our technical review, we would be able to recommend that to you for that. To support that revision, to.. Yeah. And Scott, we’re just kind of speaking in terms here.

01:14:02,230	This isn’t like as Michael said, this hasn’t been voted on or decided, but that’s you know, I don’t Dennis you got any thoughts as well. But you know that’s kind of what we’re thinking here, Scott is um, it’s likely something we could consider, but there’s probably some additional steps before we get to that point.

01:14:18,800	Yeah. Let me just clarification. Responsibilities. And maybe Mitch needs to come up here again as well. But, you know, it’s he could, um, it’s outside of our responsibilities and authority. Um, we obviously have a horse in the race, because if things go south, um, we tend to get involved, and, uh.

01:14:39,630	And not without some significant effort in our involvement to, as we saw, put Hog Island. So, um, I guess, you know, I think this is a good discussion. I don’t know, but we are able to take any type of action that would be, um, germane to the process, at least at this point, Mitch.

01:14:56,700	But, um, you know, if a pud would be considered for amendment, um, I mean, we can offer comments to that process, but that’s the extent of it, I think. Yeah. The other side, Mr. Chairman, just his background.

01:15:17,030	Um, you will be requested from the standpoint of the DWR to comment on the, uh, individual permit for design. So you’ll have that opportunity as well. If that person shows up. Right. If one is submitted, correct.. Because with this nationwide, Scott, are they looking at doing individual nationwide permits for each lot. Then I think for the stabilization. Sorry.

01:15:39,270	Uh, I think that’s why this is really good conversations to have and respect you guys’s opinions of what you’ve seen and what you know, because I, um, I didn’t know, uh, the developer or those lot owners when I got into this and closed on the lot back in March.

01:15:56,970	But in January, when I started the conversations with the state and the Corps, for those being civilization permits, um, and then ultimately applied and got approved, I didn’t know who they were, and I didn’t know this history. I didn’t get know any of this. So that’s why I applied individually.

01:16:14,230	And then as this kind of grew and we heard about setbacks and I got denied for the building permit, um, in June, it really ramped up all of these conversations. And I got to meet the other lot owners. Um, so I, I guess I would assume that they’re going they’re going to do them individually. Um, and then we would combine and do the whole bank stabilization together. Okay, good.

01:16:36,500	And I think from that standpoint, Scott, the Corps of Engineers is going to look at this as a single permit, not individual permits. Yeah. Because of the context of that. That’s what I wonder if that’s where it’s going to go, Michael. And then that you said then that brings in Omaha. Yes.

01:16:49,870	Yeah. So you’ll need I mean he’s right. You’d be a better advantage to come in with a package of versus individual applications. You just would. It’d be a lot more efficient and be probably better received. I think. It’s going to take time. Yeah. As soon as Omaha is there. It just takes time. Even more time. Yeah.

01:17:11,200	Yeah. We just, um, obviously having a buildable footprint is is our end goal, but without without, um, hearing like support of having the PUD altered at all so we can get that building footprint to stabilize. I mean, we’re not going to stabilize it.

01:17:34,770	And then right, to get that 75 foot and then the development and the county is going to have an absolute nightmare in the upcoming high water events, as well as all those residents. So it’s separate. In everyone’s best interest. So yeah, I think, Scott, we clearly I think understand where each side’s coming from.

01:17:53,600	You know, we’re here to continue to review and work with you and the other landowners on their lots. And, um, tough situation, I’m sure. So yeah. Yeah, we’re willing to continue the conversation. And, um, keep Mitch updated and and keep this board updated on, on next steps and kind of see where this goes.

01:18:12,630	But, um, Michael, one thing I was going to, you know, the flow that’s shown here for the, the 33,000 and the elevation, has that been verified? I don’t know that. Okay. A couple things on that. The 33,000 CFS was a determination by the county, through this water resource district and myself as to the projected level of the ordinary high water mark.

01:18:30,930	And in other words, how can you do this anywhere along the river relatively simply and actually include it in an ordinance? So that’s where that number came from. Um, that’s been relatively confirmed with the State Water Commission.

01:18:48,230	And, Amy, um, it’ll go up and down, you know, six inches or a foot maybe at most, based on what’s physically out there, which is what DWR will determine. But that gives a basis for decision process going forward. Okay. It’s not a dramatic difference, but it’s a it’s a it’s a good picture. And it’s been confirmed with DWR, it consistently.

01:19:03,800	So okay. So but that at this location that results in a 1632 I think that’s a 0.1. Real close. Correct. Okay. Yes okay. We’re getting down two feet here. So I just want to make sure that that’s been you know, if Tolman, your engineer, has verified that that’s fine. And I think I think.

01:19:19,600	Amy I don’t want to get too far down on this. And if somebody realizes, oh gosh, it’s 1630. DWR, I believe was actually out there. And Amy set something on the bank as to where the elevation is. I don’t know if Tolman actually picked up that, but, uh, DWR has set their point out there.

01:19:35,470	Okay, understand? Even better. Yeah, there’s the actual survey. Correct. Okay. And of course, that will also apply to all the other lots because that that’s meandering line.

01:19:54,570	So there may be a need to actually request EWR to come out and set that ordinary high water mark by each lot so that from a design perspective, like we did on Hog Island, that it’s compliant. Okay, okay. Scott, do we answer your question at this point? Yeah. Okay. Thank you. Yeah. I appreciate. Your time. Take your time. Yep. Thank you. Mitch, do you have anything else that that.

01:20:12,170	You’ll excuse me? Um, I think at this point, the variance kind of would be on hold. I think that the process has to go through the amendments to the PUD first, and whether or not these owners want to go through the cost of stabilizing that bank. Yep.

01:20:29,170	And I think it’s it’s there are a lot of steps in front of this just to get an approval or denial on this variance. So. So Mitch, who would initiate an amendment to a PUD. Um, that would be the property owner. Comes at a request. From. a property owner. We’d have to get the latest PUD, the latest change to PUD.

01:20:50,200	And again, with the property as a homeowners association will have to be involved. And then we’d have to present that to the Planning Commission. And I can tell you, the homeowners association is aware of this.

01:21:04,500	I met with them on Monday evening just to kind of go through some at their request, said, hey, come in and fill us in. Um, so it would be a request not unlike the last change of the PUD, where there were like 8 or 9 lot residents, um, contiguous with one another that requested that modification and processed that way. Okay. No, that sounds I would agree, Mitch.

01:21:25,600	That kind of sounds like a good next steps and just keep us posted. And, you know, any time Scott, you got questions certainly through Mitch or us, you know, reach out. We can try to help the best we can. I want to thank this board for this. Yeah. You bet. Yep, yep. Thanks, Mitch.

01:21:45,630	Okay, I think we got through those items. Then we can move on to financial reports. Marjorie. Yeah. Mr. chairman, board members, page 48 is 49. The balance sheet in your packet. Um, we’ll just go through some summary of the activities in the last month.

01:22:15,100	So we had a starting balance in our checking account of $656,675, um, paid bills in the amount of $105,820, had income in the amount of, uh, slightly under $24,000, which included, um, a small amount, 3000 real estate tax, uh, 4400 in state aid, um, large portion of that was McDowell Dam income and the amount of slightly over 16,000, um, so ending balance is, uh, about $574,800 in checking, um,

01:22:48,270	Bavaria Wealth, as you recall, we transferred money over into that account so that, uh, began in the month with about 4 million, $27,000 had, uh, net interest, net income of interest in amount of $11,650.

01:23:14,430	So we ended about $404,038,500 into wealth account, uh, reserve fund balance still essentially the same slight change there. So, uh, total assets, we have 5,327,000, $20.77 in cash and other holdings. Yeah. Um, so with that, I would move, um, from approval of the balance sheet as presented, unless there are questions. Second. Okay. Good motion by manager Reep and the second by manager manager to approve the balance sheet for this month.

01:23:41,970	And any discussion not seen any Wendy take roll call. Vote for. Andrew Baker. Yes. Andrea Mitchell. Yes. Manager. Read. Yes. Manager. Smith. Yes. Chairman. Landenberger. Yes. Motion passes. Mr. chairman, board members, page 1551. Is profit and loss statement for the month of July. Um, numbers look, okay, I would recommend approval move for approval as presented. Okay. Second.

01:24:15,130	And a motion by manager Reep and the seconded by manager Mager to approve the profit loss statement for this month. And discussion or questions that see you this morning. When do you take roll call. Vote manager Mager. Yes. Manager. Mitchell. Yes. Manager. Yes. Manager. Smith. Yes. Chairman. Landenberger. Yes. Motion passes. Profit loss is approved.

01:24:38,070	And. Chairman. Board members, the statement of securities. Um, pages 52 through 54. That’s bolded in your agenda. We really don’t need to take any action. It’s for information. But if there’s any questions, we can certainly discuss. It looks good. And then the last item is mark O&M account audit.

01:25:02,170	I know Wendy and Mike with assistance to Michael, went through and did an updated audit of of the Missouri River Correctional Center. Um, finances and the need to establish an O&M account.

01:25:25,000	Um, so maybe I’d just ask either Wendy or Mike to fill in with some of the details I don’t know about, have enough to to fully address them for the board. Yeah, I think I’ll touch on it for Wendy because I went back and looked through all the transactions and then, uh, we typically at the end of a project, create a memorandum that says, okay, based on all the expenses that have

01:25:40,800	occurred. Um, here is what the starting balance and the own account should be. Well, at that point in time, based on turnovers with Wendy and others before her, that account never got established. So there was about 37 to $3900 in that account, if you will, on paper. But the account was never created.

01:26:05,170	So then there had been expenses since that time for maintenance, for going back to MRC, there’s been a number of things have been going on down there, and all those expenses have continued to accumulate. What that amounts to is there’s a negative balance, obviously, in the O&M account. That’s not actually established yet.

01:26:21,170	So what Wendy and I talked about doing is basically going back in the books, if you will, creating the account with the original balance, subtracting off all the expenses, and then you’ll come up with a negative balance.

01:26:38,230	And then the request here is for us to go back in and actually create a special assessment district like you do for Burnt Creek and everything else, to raise funds to offset that negative balance and actually put it into a positive side at some point.

01:26:56,030	So between now and October 30th, you’d have an account that would basically set up okay, county auditor, there’ll be a special assessment on these properties for X number of dollars for 26, probably for 27. I don’t know what it’s going to take to get it into the, you know, out of the year and get into a positive standpoint. But right in that balance, negative balance is on page 49 of your packet as well. It’s slightly over 13,000 roughly.

01:27:16,300	So yeah. We have an idea Michael. What what what should be an amount that we have in there. I mean we’re spending probably a few thousand dollars a year. Yeah. Typically. Well you can go back in the actual O&M expenditures, sometimes a little bit more than that.

01:27:30,570	But, um, I like on the other I should say I this board on the other projects typically has about a at least a 3 to 5 year window of reserve funds so that you’re not doing a special assessment every year, you know, to, to re to replenish those funds. So somewhere between maybe ten and 15,000 probably.

01:27:51,330	And I don’t know what can actually be raised at this point in time because I have not finished the spreadsheet kind of waiting for this meeting for authorization to do that. But we will have next month and we’ll tell you what that is.

01:28:04,170	And there’ll be a draft letter to the auditor for that, um, amount. And then probably direction or request to the auditor to put this in place for one year, because each year, because of the valuation changes each year, it would be a new assessment for a different amount of dollars, just like we do, like you’re doing on Burnt Creek.

01:28:21,830	But we would set the first one up for this year, and you’d see that draft in September. And then submittal to county auditor in October. So just. for Chuck and Brian’s, you know, um, understanding here, this is the mark was part of the flood control for Bismarck. And this is an existing project.

01:28:40,570	There is an assessment district set up for that. And so this be going back to that same date, how many landowners were there like there’s. No there’s probably like 45 in here or so. Yeah. So. Get some additional cut out history there. What’s going on.

01:29:02,300	Just to in his background, uh, Fox Island has a very similar assessment district that’s set up. Yep. You see, we have a pretty healthy O&M account there, right. For Fox Island. Yeah. So just, you know, since 2020, there really hadn’t been a huge amount of charges. Um, but ultimately about six, 7000 since 2020. Right. So it slowed down.

01:29:25,830	I mean, right after initiation of the project and finalization, there was some probably some cleanup through warranty period or whatever. But, um, it’s been relatively minor since. Yeah. Right.

01:29:43,430	And then we had one account over there where they had an electrician that wanted to go under that, you know, we needed to make sure that that was being done properly. And then, of course, they had the request where they were looking at waterline next to the levee. Those are the types of things that are ongoing, the actual. And then, of course, you got the maintenance inspection. which is which is a cost.

01:29:57,400	But, uh, yeah, I think it’s just a matter of getting the account established and then a small reserve and going from there. Okay. So consensus with the board to have Michael, uh, put that information together maybe for next month or the next month after whatever. But, um, and then at that point we’ll have actual action at that point. So.

01:30:13,800	Yeah. Do we have consensus to already start that account? Do we need that? Uh, well, generally speaking, that probably happened a long time ago. This is the change over in the county side that it just never got done. Was it part of the resolution of the first when we did the Special Assessment District in the first.

01:30:31,600	Place, I found what I recall. I would believe it’s probably part of that. On. The on the books side. It’s there just. Yeah. It’s just not been implemented. Yeah. And you didn’t notice it until all of a sudden you were in arrears and going. Mm. How’d that happen? Yeah. So no.

01:30:48,000	It’s all money. That’s in the same account. It’s just a matter of putting it. Yeah. It’s all a category that needs to be in place. Sounds good. Okay. All right. So yeah. You get another question. Oh, just I was just looking to see who’s whose name it fell under on the board. It looks like it’s yours.

01:31:04,530	Okay. Right there. That’s that’s. I’ll take that point. I dodged a bullet. But I’m there too, so I’m right behind you. Yeah. Okay. All right. Consensus. Then. Uh, Houston, take a look at that and we’ll come back next month. Okay. Thank you. All right. That’s it for financial reports, Dennis. Yes. Thank you.

01:31:24,330	All right. We can move on to item nine. Drainage permits and complaints. Uh, this morning, I. Michael, I there’s an update on keelboat. But no not nothing new at this point and. Kasey’s. Not here. So I don’t think there’s much of an update on Hawk Tree at this point.

01:31:44,630	Uh, how about Long Lake Refuge? Um, long Lake refuge. And I can touch on this for Roger. Roger. Jump in. If I miss anything. Um, we had a call with the two regional hydrologists from Denver. Um, it was a really good call. I put the summary meeting together and sent that out here just this last week.

01:31:58,530	Um, they are understanding of the issues. Uh, they’re willing to look at it. They’re going to be out here doing some field work in September to look at options to, you know, change their management and or modify the structures. So it was a good meeting and good discussion.

01:32:15,770	Um, and I would say there’s a good progress. We are in the process of sharing information back and forth. They created a shareholder. Uh, we’ve got some information that, uh, from our side that we put together, we can share with them, and they’re going to share their information the other way as well.

01:32:32,300	Uh, we gave them a couple suggestions on the, uh, if you want to call it the structural side and management. And they were appreciative of that as well. So, Roger, I don’t know if I missed anything or not. Uh, I think, uh. We talked a little bit about. Uh. The whole. Goal would be to lower Long Lake a bit.

01:32:50,830	And we understand that there might be some, uh, downstream, uh, concerns. So we wanted to make sure that they understood that those drawdowns would be conditional on the ability to the for the receiving channels to take those flows.

01:33:17,570	And, uh, I did mention that I thought there would be more palatable to downstream landowners if there was some flood storage then that attained in the reservoir. They didn’t they didn’t commit to that. Uh, but obviously there would be some flood storage, you know, if they lowered it and they had some. And depending on the structure, there’s, you know, I don’t know. We’ll see how that shakes out. But I, I, I had made that comment to him. Okay.

01:33:41,030	On a related. Note. Uh. I did. Meet with. Houston and. Josh with how you say it’s companies hurricane prediction. Yeah. Um, if you remember, Josh came to our meeting a couple of months ago and, you know, he had some, some invoices.

01:33:58,700	And so we sat down with Josh and we talked through that a little bit of, you know, what his time was for, what benefit that was to the board and associated with this project. And of course, the Stutsman project that’s moving forward.

01:34:15,370	Um, and what we came to an understanding was that he was to be under contract with Houston as a sub consultant. And then we walked through those invoices and charges and determined what we what I felt was, was viable, you know, for our for our payment. And then that is what now is included in this month’s bills. So yeah, Houston, I went through that with Josh and got to an agreement.

01:34:33,400	So he is under contract now with us for that work. And you’ll see the modifications that we made that he’s concurred with. Yeah. So yep. Just want to update the board on that. So um along those lines Mike any update on the Stutsman project and um yeah. Crystal Springs Watershed Initiative. It continues to go on. We’ve had a number. Of issues.

01:34:51,800	Relative to discussions with BNSF. Uh, BNSF is doing a geotechnical evaluation of its railbed to see how much they can raise it, obviously, because, you know, they have to look forward. Um, we’ve had discussions with, uh, irrigators relative to use of water for irrigation.

01:35:12,300	We’ve also had discussion with the congressional delegation relative to, um, potential funding from a federal side. And there are potential federal programs that would be involved that might get funds, but obviously none are funded now because of the way the federal government is operating. But, uh, it’s slowly moving forward. Okay. So thank you. Positive notes. Okay.

01:35:31,530	Any other questions regarding Lake? I will I will say also from the standpoint of the discussion with Long Lake, they basically said we understand that the Crystal Springs project is out there.

01:35:48,230	And we would look at whatever we’re doing, you know, the ability to accommodate those waters if they come. Okay. So they were really open to that, which was appreciated. Okay. Michael, you still planning to leave at ten? Yes. Okay. I get probably ten minutes and I need to okay.

01:36:05,270	So let’s let’s get through a couple of items here quickly then for you because next one, uh, the Ponderosa of Riverside Village subdivision. Um, some violations there. Okay. There’s a lot to this. I did send out a summary of the minutes, uh, the teams meeting. There’s a lot of people on that team’s meeting. Um, I will step through this one as quickly as possible.

01:36:22,770	Not trying to get into details, because there’s a lot of nuances that are out here. Um, the jurisdictional parties, obviously, uh, mentioned the Burleigh County floodplain administrator Mitch has issued a cease and desist order for the work that’s been done in the Sovereign Lands area because it didn’t have a floodplain development permit and or a floodway, no rice certificate. Um, there was a ten day deadline for response.

01:36:45,700	There was no response. There was a 30 day deadline for appeal, period. There was no appeal. So, um, that action will continue. The scenario is with all the multiple jurisdictions here.

01:37:01,770	Davis involved in this conversation as well, that probably don’t take any formal action on next steps until all the parties are on board as to what those next steps are. Um, from that standpoint, uh, sovereign lands and Amy Winkelman Amy has been out there on site. Uh, she’s looked at what was done.

01:37:19,570	They have issued a cease and desist order, uh, that went through, um, the sheriff’s department for delivery prior to that game. And fish actually issued a citation for the damages on sovereign lands. That’s part of the process. And the agreement they have with the DWR. And Mr. Howard has actually paid that citation or paid that. Fine.

01:37:38,430	So that’s kind of an acknowledgement that he did what he did. Um, so right now Amy is looking at two different items. One is a administrative order to restore the damages done. If you want to call them that on the riverbed. Uh, the second administrative order would be to restore the revetment and the damages that occurred to that revetment.

01:37:58,900	Um, in that discussion, obviously, uh, Corps of Engineers is issuing a letter for cease and desist because of section 408, because of the damage to the federal structure. Um, didn’t get as much of a full, rounded picture as to what their activities might be and what their, um, enforcement actions might be.

01:38:21,770	But obviously, from the revetment standpoint, the district is on, on the hook, if you will, for 50% of the maintenance of that structure. Um, the DWR was talking about that and saying, hey, it looks like because of the prior structures that they’ve worked with the board on, that if the restoration occurred on that, they’d probably do it.

01:38:38,130	Similarly, having the water resource district do the design and and implementation and then just share the costs, um, on that, there’s an issue that Dave and Amy and others will be looking into from a legal perspective, is that all of this work was done off. Mr. Howard’s property was done on sovereign land.

01:38:57,570	That being said, the state has the ability and our understanding of the meeting to actually assess for damages. In other words, if they go out and repair something and the landowner does not pay, they have the ability to assess the property for those damages.

01:39:13,130	So you’ve got two different things going on. One is sovereign lands, the other is the revetment. So there’s got to be kind of a if you want to call it a joint powers discussion as to how to recover those costs. If the landowner just doesn’t write the check.

01:39:31,470	Um, the other component is and Amy suggested this, this probably would be nice because they’re concerned, as are others, about just having the landowner go out and do this and restore it. Um, to have control over the restoration, which means you’d have a design and specifications and everything else.

01:39:50,970	Um, and possibility of the state contracting through the district with Houston Engineering to do that work, to make sure that it gets done adequately. Obviously, there’s a lot of discussions from the, um, administrative orders and stuff that has to be issued to the landowners. So the landowner understands what their obligation may or may not be relative to the final project of restoring that property. So that’s it in a nutshell.

01:40:13,370	Um, we are looking at, um, getting some information to, uh, Amy. Amy’s looking at getting information back to us, you know, sharing the documentation, finding out where the Corps is at.

01:40:30,670	And as soon as those administrative issues orders are issued, then have another meeting to, uh, put everybody back on the same page and see who, who knows what at this stage going forward. Okay. But at this point, no. Action for this board. Correct. But it is, you know, bottom line, it’s a fairly egregious impact. I mean, it’s a large area. And the state DWR is looking at the administrative order for restoring the site. Yep. Okay.

01:40:51,800	Thanks, Michael. Any questions. On that? Appreciate the update. And yeah. Keep us in. Mr. chairman. If I. Have a couple of comments. I talked to Amy yesterday. With regard to the administrative orders.

01:41:13,170	And I we really need to see the content of the scope and the breadth of those administrative orders that so that this board has a good understanding of where the state’s going with this. And like Michael said, there’s no question this is sovereign lands. This is in in the state’s lap, which is also good because they have enforcement authority that the district does not.

01:41:29,770	And I thought the meeting was, um, was good. And I think we are proceeding, um, just for the board’s information, I included a 2005 AG’s opinion in your packet. It discusses the public trust doctrine and how what is now DWR might want to look at the public trust doctrine.

01:41:52,700	And to the extent that this water district is involved in Missouri River issues, it’s important for this district to understand how this law has been. This doctrine has been interpreted over the years. You know, short, short and sweet. They have allowed for certain exceptions to, um, to what is otherwise a pretty lockstep Missouri River. It’s it’s ours. It’s public trust. Don’t touch it.

01:42:16,230	There have been cases where a Marina or something else has been allowed, but it’s few and far between. And it’s case by case. Yeah. Okay. So, Dave, you said you included that in our packet. Yes. I don’t know that I saw it or see it. I don’t see it. I seen it either. Really. I’ll look, uh. One more thing.

01:42:35,400	You’re correct. It was an email. I didn’t put it in the packet. Yeah. Gotcha. One more thing on, uh, on that. Um, issue.

01:42:53,570	Um, I mean, I heard that there’s a potential that we are going to get obligated to do some work, and so I would maybe ask and suggest we have a board member present at the next, um, uh, meeting of the minds. Meeting of the agencies. Yeah. I think we’ve been invited. There was. Probably just I know there was one that I couldn’t attend because. Um, given the access or. Given the. Context of as many. People as you can get, there. Um, yeah.

01:43:15,600	We just held it to. Have a conversation. But I agree. With you, Dennis. The board needs to be at the next ones. Yep. Was there a meeting outside of the one I would. for the. Violation? Oh. For the violation? Yeah. For the violation. No. Yeah. And I think I emailed a summary of that one. Gotcha. But okay.

01:43:36,870	Any other. Discussion? Um, Michael, maybe just quickly. Then you can go if you. Have any updates. On the Apple Creek slide. Yeah, a couple things on that. Um, Travis. And I have been working. On the EP. And that, uh. It’s taking a little bit longer.

01:43:57,130	It’s probably a little bit more involved than we probably first thought. As far as the notices goes. But working back with Mary Sanger, I think we got a pretty good stance as to where that’s going to be and put together on the actual layout.

01:44:14,830	Uh, we will be doing a final lidar flight here sometime in August, so they can do a comparative between the original flight in the spring and the one now. Um, things are still moving out there, though there is a indication of the poor pressure or the water in the in the in the embankment slide. That’s on a continuous decline. Uh, that may be because we’re in a drought.

01:44:34,600	That may be because of the soils actually starting to stabilize. Uh, those are things that we don’t know, but we’re continuing to monitoring. The end of the grant period is obviously the end of August, which will kind of close out, and there’ll be recommendations.

01:44:54,000	Uh, there will be recommendations, um, an alternative that will be continued monitoring. So if you want to call it, we have a security system on. So if we know that the failure occurs, we can actually respond to that failure. Um, but and what those costs are going forward will be part of the final report.

01:45:10,770	And I think at that point, to be maybe some meetings with, you know, University of. Mary to. Yeah. That’s actually their property. And that to put that back in place. Yeah. Okay. So uh, it’s uh, it’s moving forward. Um, there’s, there’s still some things out there that need to be, uh, ironed out.

01:45:30,570	We’ve had a number of requests to, um, well, for the various alternatives, and we’ll put those in there in the, in the cost request or the invoices as to what those additional little works were. Okay, to, uh, to come up with an alternative. Okay. Thanks, Michael. Any questions for Michael on Apple Creek slide? Okay. With that, I’m going to slip out. Uh, Travis is here.

01:45:50,530	You can talk about the. Uh. The whole island stuff. He’s primarily working on that piece, so. Okay. I appreciate your indulgence and my needing to slip away. Yeah, yep. Safe travels. Yep. Okay. We can move on to the number 11 there. Projects. Uh, item a Hog Island stabilization.

01:46:11,300	I don’t know, Travis. If you’ve got some few updates for us this morning. Let’s take here. Go up to the phone. Yep. There would be just fine. Yep. Okay. See you. Michael. Um, okay. Regarding the, uh, section 32. Uh. Structure at Hog Island, where we’ve got the settlement issue, the, uh, initial scope for the. Um.

01:46:32,430	Uh, cash request on that one included, uh, site investigation, survey of both the the ground surface and the bathymetry out in front of that site for for the river bottom and then a geotechnical investigation report and then a, uh, basically in that report, a summary of findings and then a design recommendation for a remedy for

01:46:53,300	this site. And so far we’ve accomplished that. We’ve got a report from Braun Interdict that has a couple of different design options. I had a meeting with them and requested them to give, uh, you know, multiple levels of, of design, you know, recommendations, you know, for kind of low, medium and high,

01:47:08,270	uh, you know, response to this issue and, you know, give options so that the board. Can, can decide just how much we effort and expense. You want to invest in this, to try to stabilize that. And then, you know, essentially you get those efforts and then that increases your your level of confidence in those efforts as well.

01:47:25,670	Depending on how much effort. And uh, and Houston Engineering has reviewed those, those recommendations. And essentially we’re going with that mid level like the option two that was in the report. I’ve emailed you the report, but I don’t think the report didn’t make it into this packet.

01:47:40,830	But I did email everybody that final report showing what that option is. And right now the current recommendation, um, kind of a consensus between us, Houston Engineering and Braun is that for, you know, a high enough level of confidence in the in the remedy for that settlement issue, but also being, uh, reasonable effort and and keeping design and construction

01:48:00,100	costs within a, you know, a fair level is to remove that settled area and do an excavation in the area that appears to be settling in and staying behind that section 32, kind of on the back side of it, so that we’re not getting out into the water because the the actual surface or the face that

01:48:19,230	in the water of that, uh, revetment that’s there, it does appear to still be intact. So, uh, for lack of a better term, I don’t want to really break the seal on that. I want to keep that that protection intact and then just stabilize the ground behind it.

01:48:34,900	So looking at removing, uh, soil behind it down to a depth of just above the water table, a foot or two, and then placing the material back with a fabric and geo grid reinforcement and lifts to reinforce that soil mass behind there, and try to stabilize that and and try to increase the the factor of safety on that in geotechnical

01:48:56,030	terms so that it stabilizes it and it tries to sequester that movement so that things stay put. And then we can keep an eye on that. And also excavating that will allow us to see what is underneath there.

01:49:11,570	And if there’s a certain type of material, if we find something that that appears to be the culprit and we can visualize that and we can address that to if we need to make a little bit of a modification to the work, you know, to address something unexpected that we might find in that excavation.

01:49:26,500	So currently that’s where we’re sitting right now, is we’ve got the report, we’ve got our recommendations for a remedy to this. And then the next steps would be to, um, you know, agree on what the remedy is and then proceed with a final design and then permitting for that work.

01:49:46,000	So we couldn’t really pursue programming until we knew what the work was going to entail, so that we knew which permits would be needed and, and be able to describe the work in those permits.

01:50:00,100	So, um, as I emailed you guys, the my recommendation now would be for the board to, uh, take a look at what those options are and to come to a consensus on what you think we would want to pursue on that and then give direction to proceed with that. Any questions or thoughts for Travis? So there were two emails, Travis, with some different attachments. The second email. I just get photos. Was for, uh, the, uh, Roger Jonas property, which. Oh.

01:50:23,630	We do that in conjunction with this and we’re going to make a project. Then we could attach that, you know, essentially roll them into a single project with, you know, have one contractor.

01:50:39,800	We can do the permits concurrently and, uh, have something in to address some of the erosion issues that are happening up just north on that Jonas property as well, where we’ve got an existing revetment that appears to have some erosion on the upstream end of that, that has a potential to compromise the integrity of that windrow revetment there on the bank. They’re just adjacent to the Jonas property.

01:50:55,570	And then also that one hard point that is seeing some erosion, and there was some scour on the backside of it. So that is being compromised as well. And it’s it’s kind of been reduced from what it originally was, some of the end of it that protrudes farthest out into the river has been lost and, and has settled

01:51:11,300	down. And there’s been some, some scour and some erosion on that structure. Okay. So in bronze geo tech report, they don’t provide any sort of recommendation. Browne’s report was just evaluating the, uh, the section 32 on the whole island, one on the Dave Scheider a lot.

01:51:36,400	They they didn’t evaluate the ones up farther north on the the River Jonas property because that’s not really a geotechnical issue. That’s just a straight scouring surface erosion issue. No, I get that. So what where where are these options that you talked about. You said there was like and you were. In the geotechnical report.

01:51:54,030	It’s in section three where, uh, it is titled, I can’t remember the top of my head, but I just know that it’s. 15 or 46 on that view. It’s. Oh, there it is. Close to stabilization options. Like on page 11, I believe 15. And they don’t give any pricing. 01103. Oh, no.

01:52:16,300	We, uh I think they would they would leave that to me to try to do some estimating for those potential options based on, uh, because these options, they also don’t really have any quantities. Well, they’ve got some quantities.

01:52:34,800	But taking a look at the site, I would advise those quantities a little bit, just, uh, based on site conditions out there, for example, they described doing something 120ft wide, which would also involve removal of a large cottonwood tree and kind of go beyond where I think we need to go because we don’t want to start tearing and demoing stuff like that. It would just want to stay within the area where we see the evidence of settlement.

01:52:46,670	So at this point, would it be, you know, best for us to say, okay, Houston, why don’t you go and develop some costs and some next steps for if we just agree that there’s consensus on this option two, this geo grid reinforcement option is that is that kind of what you’re recommending? Travis.

01:53:04,800	Yeah, the option two was the the general, uh, way that we’re looking at proceeding, doing a little bit of a modification from what they’ve got because, uh, we don’t want to remove all of the rock on the face of that.

01:53:20,000	It kind of wanted to start, you know, on the top edge and then cut back right behind that and then reinforce that and then again, see what we find when we get in there. That way we don’t have to get out into what I want to stay behind the Sovereign Lands line so that that’ll reduce, that’ll remove one permit that we have to go.

01:53:34,230	And then also simplify the core permitting on it as well, because we’re going to be modifying an existing core structure. And then just kind of keep the scope of the work so that it’s that’ll reduce your cost. It’ll reduce some of your timeline for permitting or reduce some of the permitting requirements.

01:53:49,970	And, uh, I think it’ll still give us an effective solution or something to address what we’ve got there. Plus, also, like I said, the excavation will allow us to see what’s underneath there. And maybe if we have something that is, uh, obviously causing that, we can, uh, do a shift to address that.

01:54:06,200	Okay. Any questions or thoughts or is there consensus on doing that? Dennis, you gotta. I’m just trying to tie it into the, the, uh, the Jonas one, the second one. And so that is not a section 32 alignment. Is that fair, Travis? Uh, the Jonas property up there just to the north.

01:54:30,870	That is a section 32 hard point that he initially called us on because there was a scour occurring right behind that hard point that was excavating a hole behind it. And we’re starting to see rock failures and falling off into that hole from that hard point.

01:54:44,770	And also that hard point was the tip of it was also being eroded and falling into the river as well. So so that is in addition, that’s a section 32. Structure would also be eligible for um, a not automatic but 50% cost share with the state. Yes. And I’m asking just your second email.

01:55:04,570	It talks about rolling them into one effort, which certainly makes sense, right? Yeah. The contract is already going to be out there. Yeah, yeah. Okay. So general consensus for to have Travis in Houston kind of develop some costs and yeah, next next steps for option two. Okay. Yep. Can do. That.

01:55:25,830	I mean I think your request in your email suggest giving you, uh, having a motion to submit for cost share request. Yeah. And I guess that would require us to have an estimate as well, so that we have an amount that we can go for, but that’s for construction cost.

01:55:41,430	But we also have to do a pre-construction request for the design and the permitting tasks on that. And then. Maybe we wait until next month on that. Okay. It’s just going to I mean, it probably would be a director approval situation, but if you end up going to the full board meeting, then we’re talking October before we get full consideration.

01:55:57,800	Yeah. However you want to do that, if you want to. Kind of I said pre authorize it. Once I provide the information then then you can give James the authority to, to approve it. If, if it’s within you know whatever. However you guys want to decide that.

01:56:12,200	So yeah the next deadline is August 24th and that’s to get on to the October full agenda. If we need to go that road, if we if we wait, then we’re into December’s meeting and I don’t know if we need. What’s that level. Is it 100 and 100,000, 100,100.

01:56:29,500	I do wonder that you think, Travis, but both combined the bed sheets. Not right. I think that’s yeah, we’re going to be there. And, um, looking at the excavation on this, I guess I don’t have a real number in mind. I think initially I had an idea of.

01:56:49,700	Even I think just the Jonas property with some of the rock and what we have put up there that might end up being $50,000 on its own. But I don’t think I think, you know, it’s a pre-construction cost request. And so that’s that’s the number we would be. Right. Yeah. You’re not requesting construction funds. You’re just requesting the the design and permitting. Yeah. So so that would be.

01:57:07,730	Under 100,000. Right. That would definitely be under 100,000 okay. So I guess what’s the board’s thoughts here. Do we want to have just Travis first go back and kind of do some initial analysis and get us some updated numbers for next month’s meeting? Or do you want to go ahead and approve at this point to submit?

01:57:25,400	Well, I mean, in my mind, I think we’re going to do it anyway, right? Right. I mean, I would I would make a motion that we, um, approve pre-construction, um, kosher application to the state. Okay. Um, for, for this these two situations. Yeah. Yeah, both the charter and Jonas. Under that section 32 agreement.

01:57:47,800	Okay. And a motion by manager Reep and seconded by Manager Smith to approve, uh, or ask Houston to look at submitting for pre-construction and preliminary engineering costs for the design and ultimate construction of the um two structure improvements that Scheider and Jonas did. You get that? Mostly. Okay.

01:58:17,670	Any discussion? I just one more thought. Is that in my discussions with them, at times, they they have a running total of of director approvals for a particular effort. And you don’t start over at zero.

01:58:38,200	I mean, if you had if we did this before, I don’t know if we did or not, and we had $30,000 in state Water Commission money approved through a director’s approval, that’s where you start with your next request. So just just. Yeah, they don’t like to see multiple requests to try to stay under that threshold. They, they. It’s all related to one project, right. Yeah.

01:58:53,700	So I don’t know if they would consider this one project or not. And you know, they might see section 32 and said well you were here before on on one of these. Right. Mhm. Okay. Good thought. Okay. Uh we have a motion and a second on that. Any other questions. Thoughts Wendy take roll call. Vote please. Manager Mager. Yes. Manager Mitchell. Yes. Manager. Reid. Yes. Mr.. Smith. Yes. Chairman.

01:59:18,570	Landenberger. Yes. Motion passes. Okay. Travis. You got good direction on that then? Yeah, I think so, yes. Okay. Yeah. All right. Mr. Chairman. Yes, sir. I have to, uh, I like Mike’s comment. You have to slip away from the meeting. I’ve got a 10:00.

01:59:34,700	Uh, but just an update on a couple of things that are on on the old business. Uh, we haven’t heard anything on the withdrawal from garrison diversion for the county at all. And there’s no public hearing scheduled. We our agenda for next Monday is due today, noon.

01:59:51,170	So I have not seen that yet and won’t come out till afternoon. But I don’t think there’s anything in the middle for that either. And, um. Uh, our budget, our preliminary budget for the county was approved on last meeting’s Monday night meeting, and nothing on the water resource district budget, nothing new.

02:00:08,100	And I’m monitoring that as far as I’m as far as I know right now, no, no changes are going to be necessary. So we have to keep our jobs. Keep. Yep. You can keep your job. Well, you might get a reduction in salary, but we’re still working on. That.

02:00:19,930	But that’s it. That’s the only report I have to make. So thank you. Thank you Commissioner okay. Well I think I don’t know, Mitch, if there’s probably any update on the CRS, but I’m guessing not. But I can certainly address if you’d like to. You got a lot on your plate these last few weeks.

02:00:40,730	Yeah, and I took a five day vacation in middle of it. Oh, you got to squeeze it in. Well, good for you. That’s where it all falls apart. Uh, we’re working on it. We’re going through the documents. Um, the, um.

02:00:59,370	I’ll have to talk with the county administrator for some of the steps moving forward on trying to fix the violations. Uh, the minor ones, um, some of these, they’re not cooperative. They don’t want to. They don’t want to have another do another EC or pay for another EC and all this other stuff.

02:01:20,300	So it’s kind of yeah, just a step by step process. I plan as soon as I get finished with all my emails and the massive amount of permits I have an issue, and then I’ll be back to it. Okay. Hopefully by the end of the summer, I have a conversation with the county administrator moving forward on how to address those. Okay.

02:01:39,000	Any questions for Mitch? Okay. Thank you. Mitch. Yep. All right. That gets us through old business. We can move on to new business this morning. Um, in your packet there, there’s a temporary water permit for the North Dakota National Guard. Um, in addition, there’s some, um, another. Permit there for trying to get back to the agenda here.

02:02:07,770	What’s the second one for? Oh, Bismarck Parks and rec. That’s right. Yep. So pretty standard. Pretty straightforward. And we did add some additional items added on our new business. Uh, maybe we’ll start with item C, Dennis. Uh, summer meetings. I know you and Chuck attended, but.

02:02:30,230	Yeah, um, we tended to summer water resource meetings in Watford City. I don’t know if I have anything particular to share, but Chuck does that. Was it well-attended? I mean. It was pretty well attended. Yeah. So good. Yep. I mean, you maybe highlighted there was a discussion, um, frack water and water supply up there is a big is a big issue.

02:02:49,970	And there was a panel that was fairly interested on on that. So one of the, one of the interesting things was, you know, initially when they started going lateral and horizontal, boring and stuff to, to frack, they’ve gone from a mile to two miles, three miles and now they’re upwards

02:03:07,030	of four miles. Yeah. Which is just insane. That is. Yep. So that was, it was very interesting. Yeah. Good. I mean I think we’ve all maybe been at meetings where the state has presented, you know, the budget status and especially as it relates to the Resources Trust Fund.

02:03:23,570	Um, you know, that continues to, um, you know, there’s a drill drilling locations that transfer into the, um, what’s the what’s the term the, uh oh, where they don’t they don’t have to pay extraction tax. The stripper will. Stripper. Well thank you. Yeah. And so, um, that was interesting.

02:03:42,830	And that was of particular interest to that group up there. So it was. Yeah. It’s hard to believe now that we’re kind of going on about 20 years of developing the Bakken. But the third time. But yeah, it’s kind of crazy. Okay.

02:04:00,000	The other the other there’s two other meetings I want to just make note of. Um, one is North Dakota Water Users Association is hosting a series of regional meetings across the state. There is one next Thursday evening. Um, August 20th, starting at 7 p.m. at hosted by Bartlett West offices.

02:04:21,300	And so, um, certainly would encourage attendance there. Um, you if you didn’t get an invitation, I can certainly send you on, um, and it’s possible you didn’t, but that those came out yesterday. I think. So um, check your emails and maybe I’ll just proactively send the invitation to you so you have the information.

02:04:39,930	Is there an agenda set up for that? I’ve seen a draft agenda. Okay. Um, I don’t see anything unofficially. I can certainly share that too, though. So. Yeah, it’ll be. No, I think it’d be. I’ll do that. It’s at my office. I’m planning to attend. But yeah. And that was next Thursday. Next Thursday evening? Yes.

02:04:57,030	Okay. Um, and then the other one I will mention is Upper Missouri Water Association is meeting in Pierre, South Dakota. Um, September 21st and 22nd. Um, I’m on the board of that. And so I will attend and maybe just request concurrence that I attend, um, through Burleigh county’s expenses.

02:05:16,830	Certainly. Um, and I can share that information with others if you haven’t already received it, too. If there’s any interest. Um, it’s a, you know, it’s a good it’s a small conference.

02:05:34,200	Um, but there’s, you know, specific to Missouri rivers, which I think is, you know, very, very much of interest to this board. So I don’t know if there’s others, Roger or anybody else that would be interested. It’s a Monday. Tuesday. Where at peer. To peer. South Dakota. So, um, like I said, I do intend to attend. Okay. I’m good. Yeah. With having Dennis attend and it’s been said so. Okay.

02:05:55,430	And certainly if there’s anybody else that wants to go. Yeah. Okay. So. All right, um, before we move on to court case, uh, discussion. Or maybe they’ve kind of covered that a little bit earlier, but, um, so the the meeting in November, I’m going to be out of state on the 11th. Well, that whole week.

02:06:14,470	And we had moved it from the 11th to the 10th on Tuesday. Then I started looking at the December meeting and the December meeting right now is scheduled for the Wednesday of the North Dakota Water Users Conference. We typically moved that one again.

02:06:28,400	So what I’m proposing is we move November to November 18th and then December to December 16th. Then there’s still four weeks apart. So just want to make sure that works for most people’s schedules. November 18th. And November 18th. That’d be a Wednesday. December 16th. What’s that. Yeah. And then December 16th. Yeah.

02:06:56,430	Then we wouldn’t, uh, have to worry about trying to squeeze that in the week of the water users is kind of busy week. So. And so it’s at a hunting. Yeah. Yeah. Well, it’s showing up at the 18th. So did something already. Come out? Yeah. We had changed that. Okay. We talked about it. Yeah. Yeah. And then December 16th. Oh okay.

02:07:15,230	It’s showing up at the eighth. So that’ll get moved. Yep. Okay. Fine by me. Or the get with that okay I’m good. I want to make sure that um is available. Okay. Yeah. Thank you Wendy okay. We’ll go ahead and plan for that. And then the room’s available. We’ll kind of lock those in maybe next month. Then.

02:07:35,100	Okay. Uh oh. Dave, is there anything else you want to talk about with that court case? Uh, yeah. Mr. Chairman, I’ll. Just very, very briefly. Uh. This is a trail. County water resource district case, garden variety, uh, obstruction complaint between. Two landowners. Um, Sean Fredericks and instead, Twitchell were, um, on board with representing Trail. County.

02:07:55,870	Um, it took a. Long time. Um. One of the landowners, Mr. Keenan, appealed it to federal court, got in federal court, and it was, uh, Sean, just let everyone know here recently that the that the case was finally finished.

02:08:14,030	Um, I forwarded to the board that it’s not in your agenda, but I emailed a couple of things to you. One is the the original complaint. Just you see it on our forms. The other one is Mr. Koenig’s 25 page, uh, complaint, which he had asked for $1 billion in damages from everybody. And instead, Twitchell was sued.

02:08:32,170	Individuals for the trail County board were sued, and so forth. Um, there are two things I think we take away from it. Um, one of the things I sent to you is the federal docket. I can’t imagine anything more exciting than to read a federal docket. But, um, if you glance to that, you’ll see lots of motions from the defendants.

02:08:48,830	They say motion to dismiss. Um, because there was no jurisdiction. Failure to state a claim. These things, we talk a lot in this board about the complaint service and filing. We have deadlines. We have ways in which we have to serve. And in the in the courts of final ruling, basically, um, Mr.

02:09:10,570	Kinney didn’t serve these guys properly, so he was bounced out on that grounds. He was bounced out on jurisdictional grounds. All these things are sort of like the first round of a fight where you’re not going to get to the merits.

02:09:25,030	And they never did get to the merits here because everybody was bounced out and the case was dismissed before it got to really talking about the meat of the issue. That’s not a bad thing, but it just it shows you the detail and the things you have to do if you’re going to jump into court. Um, and, um, that’s sort of been the result.

02:09:42,770	And my little sermon is again, service. We’ve talked about this McDowell Dam, uh, I think back in Fox Island, we just have to make sure that we’ve served properly because it has a ripple effect down the line. If we need to go there. Okay. Thank you. Dave. Um, yeah.

02:10:02,830	Really just kind of there was like a maybe a culvert obstruction or something that started this whole case. It seemed fairly minor for it. Just pretty garden variety, right? Things that we deal with all the time. So I think it’s an excellent point. Dave. It’s that these things can happen and it’s always good to have good legal representation, which we have. So.

02:10:21,670	Yeah. Good. Okay. Any questions. Thanks, Dave. Okay. Um I think that does it for new business this morning. We can move on to item 14. Obviously there’s additional information with plats and stormwater management plans that are available there.

02:10:44,070	You can see quite a list of different subdivisions and final plats that are there. Um, one thing I will say to the board here this morning I was having a conversation with Casey and Dan, the county engineer, about a potential drainage concern or complaint that might be coming through. Um, up north on River road.

02:11:04,630	So, um, I think Dan and Casey were going to submit that for us, but it’s it’s a fairly simple one that we can work through, but it might be coming through here in the next week or two, so we can discuss that next month. But it’s kind of putting you guys on notice that should be coming.

02:11:20,500	So I did meet individually with, uh, or myself with Casey and Dan. So I’ve got some background on that too. So when that comes through, whoever that that gets assigned to you, Brian, you can certainly visit, that can kind of fill you in.

02:11:37,070	Um, the result of that may turn out that we have like an independent hydraulic review, maybe from Houston, uh, because it’s a, it’s a crossing that, uh, North Dakota or, uh, Burleigh County designed and modified and it’s moving water onto a, a private there’s a oil pipeline that crosses River road and there’s an above ground, you know, battle station, and it’s kind of collecting some sediment,

02:11:57,300	and they’re having some water issues. So they would just have Houston kind of do it. There’s some kind of a swale or a redirect. We can move that water around. Be pretty simple, straightforward, but okay. Yep. Okay. All right. We can move on to item 15 this morning. Approval of the monthly monthly bills.

02:12:15,900	Okay, Mr. chairman, board members on page 57 is a summary of of the bills. Um, I don’t know if I want to highlight any particular item there. I’d certainly stand for any questions on any of those invoices if you have any, if you had a chance to look at them.

02:12:35,630	Um, but as you’re contemplating that there was one other bill that, um, we would like to add to this list. Um, it’s from Braun interject. It’s related to the whole island slope stability analysis and. Or the Hog Island, or is it Apple Creek. Oak Island. What is Hobart. Okay. Oh, it was okay. Yeah. Yeah, yeah, yeah.

02:12:55,870	Um, and so, um, if you’re keeping score at home, it’s in the amount of $2,329.50. Um, so with that, if you’re minimal to add that to the list, the total would then become $123,450.02. Okay, you guys good with that? Yep. Okay. All right. So, um, the math adds up. No questions.

02:13:30,330	Uh, I move for approval of payment and the bills amount of $123,450, or $0.02. Okay. Second. I had a motion by manager Reep and a second by Manager Mitchell to approve the amended amount for the bills this month. Any questions or discussion? When you take roll call, vote please. Manager Mager. Yes. Manager. Mitchell. Yes. Manager. Yes. Manager. Smith. Yes. Chairman. Landenberger.

02:13:57,270	Yes. Motion passes. Bills will be paid. Okay. Remaining items in your packet there. Just some more detail on the monthly bills. And then next meeting is scheduled right now for Wednesday, September 9th at 8 a.m. in this room. Uh, everybody here can attend. Roger. No. No fall fishing trips yet. I. Uh. Is looking..

02:14:21,830	I did get myself, uh, coach fish fry at noon, so I’m going to be anxious to get out when I’ll be here. Okay? Very good. Okay. Any other business? Other business? Before the board. We