00:00:08,800	What are the this month’s Burleigh County Planning and Zoning Meeting Commission. Commission meeting, and we are going to start with the pledge. So please remove your hats and stand. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands.

00:00:32,200	One nation under God, indivisible, with liberty and justice for all. Okay, Jacob, could you take us through a roll call? Dennis Agnew here. Dale Patrick. Brian Bitner. Wayne Munson here. Mike Connelly here. John Risch. Here. Alvie Jarratt here. Yeah. Streifel here. And Jim Small. Here. Okay. Thank you. We have quorum. All right.

00:01:22,030	We’ll move in to the approval of the April 8th minutes. The May minutes are not ready yet, so we’ll be approving the April 8th minutes tonight. Are there any corrections needed? If not, I’ll entertain a motion to approve the April 8th, 2026 minute meeting minutes. I’ll move. We approve. Second. Okay. It’s been moved and approved.

00:01:49,270	I’ve moved and seconded for approval of the April 8th, 2026 minutes. All in favor, say aye. Aye aye. Any opposition? Hearing none. The minutes of the April 8th meeting are approved. We’re going to move into the public comment section of the of the meeting tonight.

00:02:08,400	Uh, this is for Burleigh County residents and landowners. So if anyone would like to speak in general, this is for public comments. We will be having comments on the public hearings later in the meeting. But if anyone would like to approach the lectern and give public comment to the Commission, please do. Okay.

00:02:32,870	Seeing none, we will close public comment and move into the consent agenda. Are there any pieces of the consent agenda that we would like to break out independently? Mister chair.? Yes. Commissioner. To poll five three. Just remove for discussion so we can get up to date on what the extra information is that we were looking for.

00:02:52,170	Okay. Uh, so let’s see, uh, we I guess we can, uh, is your motion would be to, uh, approve the, the first two and then discuss the third one. Sure. Yep. Okay. Second. Sir, a second. Okay. Thank you. Uh, it’s been moved and seconded. Uh, to pull that out. All in favor, say. aye. Aye.

00:03:15,100	Any opposition? Seeing none. Uh, we will move five one and five two. On to public hearing. And, uh, if we could hear a little bit about the five three, the strong farms, zoning change and preliminary plat, and it looks like Mitch will be giving us the details on this one. Good evening. Mr..

00:03:44,530	Commissioners. Mr. chair, um, this is for a public, uh, you want us to discuss the strong farms? Yes, for the strong farms zoning change of preliminary plat.

00:04:09,070	So any questions in particular? They, um, we have on, uh, we have had received a new correction list from, uh, um, they did send a new one today, and they they had corrected some of the items on the preliminary plat. Um, there was a letter that I forward you an email earlier about a request to pull this because the, um, there is, uh, on the previous preliminary plat, we had the, um, easement was not drawn on the plat.

00:04:36,830	The new plat has that drawn? May I ask a question? Yeah. Commissioner. Jared. Go ahead. Oh. Go ahead. Has that easement been approved? Uh, it has not. Has approved. Now it gets recorded. So the easement will be drawn on the final plat, and that gets approved.

00:05:00,870	I have the I have the exhibit of the easement here, but on the dashed line on your monitors, that’s where the easement is drawn. I if I zoom in, I lose the description on it. But it’s basically coming off of, uh. Oh, the 201st Avenue under the neighbor’s property. Who’s granted that easement into the Baldwin farm? It’s on the east side. It has been granted.

00:05:24,300	It. Grant. No, it’s it has been agreed upon by the property owners. I have the exhibit here. This gets drawn on the final plat and that gets approved. This will get recorded. We’ll get the dock numbers off of that. And that will be on the final plat.

00:05:54,470	If we don’t get that far, then the final plat will not be approved. With the with what you have in hand that you’re showing us. Is there any is there any risk that the two parties could say at some point, uh, before that we go to the final plat that they could say, uh, no, we changed our mind.

00:06:11,800	It’s there is that risk? It could change your mind and say, I mean, to go this far and get it surveyed and stamp. I think they have an agreement. Okay. We’ve got pretty much a sign. We sign locked in agreement, right? Okay. Uh, Commissioner Connelly. Yeah. So, Mitch with it. Um.

00:06:29,930	With all of this, that’s, um, between now and the. If we called for the public hearing next month, that should be all finalized. The. Yeah. Commissioners. Mr. chair, Commissioner Risch, the, uh Connelly. Sorry. That will be John. And with the dock numbers on it for final approval.

00:06:54,600	All the, uh, or else the the, um, the final plat will not be presented to this board. Mr. chair. Okay. Yes. Yeah. Commissioner Streifel. So if we don’t. So if you don’t, if the easement does not go forward, then the public hearing. Is will be stopped, cancelled or tabled. Tabled. Okay. Yeah. All right.

00:07:14,500	And the idea here is they they have a right of way easement off of 201st easement on a right of way approach off of 201st. Already they’re just using this because their neighbor they never documented it. It’s an agreement between their neighbor. So the the access to the property is still off 201st Avenue.

00:07:38,470	So basically when next meeting comes around, um, with the public hearing, we still have the option to table it. So now tabling it, it’s just kind of a waste of time. Yeah. We’re not. Approved. There was a request to table. That time. We’re not approving anything tonight.

00:07:57,600	They just we just seeing the application, the documents, the zoning, all that fits for a public hearing to proceed that gets approved at the at the public hearing. The motion to approve and move to the public hearing second. All right. It’s been moved by Commissioner Connelly, seconded by Commissioner Risch to move this to a public hearing. Is there any discussion on the motion? Yes. Yes. Commissioner Streifel.

00:08:19,400	I’m sorry, I did have one other question. I don’t know if it’s suitable now, but, um, is there an update on what happened since the last meeting? I know there was a, um, violations. And can you update us on on what happened since the last meeting? Yeah, since the last meeting.

00:08:38,170	Um, the property owner was issued a cease and desist, um, to any, any, uh, commercial activity on the south end of her property was restricted to the front of her greenhouses and, um, pretty much that was. We haven’t heard any complaints since.

00:09:03,200	Um, there was an email that he had sent, um, about people in the back, and I did contact the Baldwin greenhouse operators, and they said that they were there to plant. They were planting things. Wasn’t a group doesn’t it was, uh, they were in the back there planting. Well, I have no idea.

00:09:22,930	I wasn’t there, but they had the pictures that, uh, Mr. Feist had sent, and, um, I didn’t see any. I didn’t see any infractions of that cease and desist order. Mr. Chairman. Yes, I understand it right.

00:09:41,800	They’re not allowed to walk back on their own property, I mean, or what’s the what’s the issue there? I guess it seems. Commissioners. Mr. chair, they absolutely are allowed to walk on their own property. They cannot conduct any commercial activities. Retail sales or events or whatever you want to call it in the north end or the south end of that property. No.

00:10:01,530	The only place they can do that is in the gravel area of the north part of the property, north of the greenhouses themselves. Until this PUD is either approved or denied. So that’s what they were doing. There was not, in my mind, commercial activity. It was they were there to plant things.

00:10:22,200	Uh, any further discussion on the motion? Okay. Thank you. Mitch. Uh, seeing no more discussion, uh, we’ll move into a roll call vote. So, uh, Jacob, if you could take us through that. The motion. The motion is to send this to a public hearing. Dennis Agnew. Yes. Uh, Brian Bitner. Yes. Wayne Munson. Yes. Mike Connolly. Yes.

00:11:03,370	John Risch. Yes. Alvie Jarratt. Yes. And Bea Streifel. Yes. All right. Uh, that the Strong Farm’s zoning change and preliminary plat will move to a public hearing. Uh, when we have the, uh, all the all the items of, uh, that we require. Uh, as far as for the the final plat, I should say.

00:11:34,970	Okay, that is our that is the last of the consent agenda. We’ll move into the public hearings. Uh, we’ve got our first public hearing on the docket tonight is, uh, six one. The Arcadia Light Estates subdivision.

00:11:51,400	And, uh, Mitch, if you could take us through a couple of, uh, details on that, and then we will open the public hearing to the public. Uh, Commissioner. Mr. chair, um, this is a piece of property located at Southeast Quarter section 15, Township 140, range 80 West. It is a, um, just off of 26th Street, north of Heritage reserve. It contains five acres on 80. There’s 83 acres or there’s 93 acres total.

00:12:18,130	There’s five acres each, and they’re 19.5 acres per. Um. There will be no zone change. Um, the, uh. The zoning ag will remain. Um, so I stand for any questions. Any questions for Mitch? Sorry. I would add that paving later was granted on October 10th. And the stormwater management plan is approved was approved.

00:12:48,530	Uh, Mitch, you said that the, um, is this this is rural, residential. No zoned eg. egg in 19.5 acres. Okay, gotcha. Each. So thank. You. Uh, any other questions for Mitch? Seeing none. Thank you. Mitch, we will move into, uh, we’ll open the public hearing to the public on Arcadia Light Estates subdivision.

00:13:13,600	So if anyone would like to speak in this, uh, uh, public hearing, please approach the lectern and tell us who you are, where you’re from, and sign in. Thank you. Chair Lannon with Swenson. Hagan engineering representing the applicant on this one. Uh, nothing significant to add to to what Mitch had presented there. Just a couple of notes.

00:13:29,070	Uh, really large, uh, large size lots here. Um, this area of the county is, is very particular about wanting to stay in that agricultural zoning rather than rural residential, sort of, uh, stops any sort of future attempts from, from breaking those lot down any further than what the neighborhood would be comfortable with.

00:13:43,830	So we’re staying in that agricultural zoning. Uh, the lots will generally have shared access points on that main road. Um, but I can certainly answer any other questions if you have them. Any questions? Yes. Commissioner Streifel.

00:14:00,070	Uh, I’m wondering the the entrance is going to go to the west, right off of 123rd is low. Will that be built up at all? Is that part of what you do, or is that going to be built up so that there’s a better visibility for traffic? Thank you Commissioner.

00:14:18,670	So some of the some of the access points as I mentioned, are shared access points will have to work with the county to to get those um, permits in place if they see any issues with where we’re setting them. We’ll have to get through that issue at that time. Well, yeah. Any other questions? Yeah. Commissioner Risch, but it’s being the request. It does zone it from agricultural to R-1. Correct.

00:14:35,870	Commissioner Risch no, no, we actually are sticking with the agricultural zoning. There was initially a request to go to R-1. Some of the neighbors expressed some concern with that zoning. So we were maintaining that agricultural zoning. All right. Any other questions before we move on, seeing none. Thank you. Thank you.

00:14:56,700	If anyone else would like to speak in this public hearing on Arcadia Light Estates subdivision, please approach the lectern. Let us know who you are, where are you from and sign in. Anyone like to speak in this public hearing? And last call? If anyone would like to speak in this public hearing, seeing none, we will.

00:15:15,370	Is there any reason to not close this public hearing? Okay. Seeing none, we will close the public hearing and move into action and discussion on Arcadia Light Estates subdivision. Move to approve the final plat and give a do pass recommendation to the Burleigh County Commission. Second. Okay.

00:15:35,430	It has been moved for approval by Commissioner Munson, seconded by Commissioner Jarratt. Uh, is there any discussion on the motion? Seeing none. Jacob, if you could take us through a roll call, vote. Ryan. Bitner. Yes. Wayne. Munson. Yes. Mike Connolly. Yes. John Risch. Yes. Alvie Jarratt. Yes. Bea Streifel. Yes. And Dennis Agnew. Yes. Okay.

00:16:18,100	The Arcadia Estates subdivision will move to the Burleigh County Commission with a do pass recommendation. We’ll move on to our second public hearing of the evening. And that is the Ponderosa Riverside Village ninth subdivision. And Mitch is going to take us through some details, and then we will open the public hearing commissioners. Mr.

00:16:42,030	chair, this is a Ponderosa riverside village, ninth of the last month. It was the eighth tonight. This month it’s the ninth. Uh, all this is for all the legal description, all the plat of part of Ponderosa Riverside village, section three, Township one, 39, range 81, West. The address is 5535 Ponderosa Avenue.

00:17:04,370	Uh, this is their vacating the the their existing plat and creating a one lot subdivision of uh the what did she have on there? Um. Oh, I can’t find the acreage on it, but it’s a single rural single, uh, R-1 single family, um, right of way that you see on the cul de sac, cul de sac bowl on that front page has

00:17:30,930	been vacated. That was vacated on the 4th of May. Uh, the paving waiver was not required. The stormwater management plan was not required. It’s basically replanting four lots into one. Any questions for Mitch? Okay. Seeing none. Thank you. Mitch, we will open the public hearing on the Ponderosa Riverside Village ninth subdivision.

00:17:59,270	So if anyone would like to speak in this public hearing, please approach the lectern. Tell us who you are, where you’re from, and sign in. Good afternoon. Jeff. I’m the owner of the property. You said to sign in. I don’t have a sign up sheet. Is the. I think right in the. Yeah. Right there. Sorry.

00:18:22,170	I’ll have to borrow a pen. Sorry about that. Yeah. we’ll get there. An extra. Pen. Okay. You sent you for me to. All right, so we are the owners, and, uh, we had the road vacated so that we could combine the property into just one parcel, as you know, would be a violation for us to build

00:18:52,900	a building on any of the other lots. Unless we also built a house, which we don’t really need. So, uh, this is just our way of being able to make use of our land. Yeah. Okay. Are there any questions for Jeff? Seeing none. Thank you. Thank you.

00:19:13,170	If anyone else, anyone else would like to speak in this public hearing for the Ponderosa Riverside Village ninth subdivision, please approach a letter and let us know who you are, where you’re from, and sign in. And the last call for speaking in this public hearing. Seeing none. Uh, I’d. I think we will close the public hearing and move into discussion and action on Ponderosa Riverside village, ninth subdivision.

00:19:37,500	Second. Okay. Has been moved to approve by Commissioner Bitner and seconded by Commissioner Jarratt. I’ll see. Uh, is there any discussion on the motion? Okay. Seeing none, we’ll move into a roll call. Vote. Uh, Jacob, if you could take us through that. Ryan. Bitner. Yes. Wayne. Munson. Yes. Mike Connolly. Yes. John Risch. Yes. Alvie Jarratt. Yes.

00:20:13,170	Bea Streifel. Yes. And Dennis Agnew. Yes. All right. The, uh, Ponderosa Riverside village, ninth subdivision, uh, passes with a a do approve recommendation to the Burleigh County Commission. Uh, moving to our third public hearing of the evening, the North subdivision. And, Mitchell, take us through some details on that, and we can open the public hearing.

00:20:41,500	Commissioners. Mr. chair? Um, yeah. This is, uh, left over from the ETA. Um, they were in the middle of platting, and they asked us to continue this, um, the legal descriptions being part of lot 11, block one, Barbie’s neighborhood subdivision and plat of part of Mulberry Lane, right of way of

00:21:01,830	the southwest three quarter of section six, Township one, 38 North. Range 79 West. Uh. This is located at off of 52nd Street and East Main Avenue, uh, adjacent to Barbie’s subdivision. It’s 2.6, 2.7, and 3.7 acres. Access to the property is off of Mulberry Lane.

00:21:28,470	They would turn into the plat, as you can see, and there’s a access easement to the three of the three of the lots. Um, the preliminary was approved on the 13th of May, and the stormwater management plan was not required. So I stand for any questions. Any questions for Mitch. Seeing none. Thank you Mitch.

00:21:50,570	We will open the public hearing on Forbes subdivision. If anyone would like to speak in this public hearing, please approach the lectern. Let us know who you are. Where you’re from and sign in. There should be a sign in sheet and a pen there. Thank you. Chair Swenson. Hagan engineering, again representing the applicant on this one.

00:22:06,930	Nothing significant to what you had as to this one as well. Three rather large rural residential lots here in the area. Typically the lots in the area around that acre, acre and a half, these are quite a bit larger that two and a half to three and a half acres.

00:22:21,600	Um, it’s sort of pieces have just been sort of those one of those leftover pieces that’s just really never fully developed. Uh, this is a chance for the for the applicants to, to do something with the land. Much like our last project, they will be having one shared access point on here.

00:22:35,800	So they’ll have that access easement to allow all, all parties to get to their property. But it’s just right at the front of their lot. So it’s not to get further into the lots. It’s just for their for their driveways effectively. Um, but I can certainly answer any other questions if you have them. Okay. Any questions? Seeing none. Thank you much for the information. Thank you.

00:22:51,770	If anyone else would like to speak in this public hearing, please approach a lectern. And last call for this public hearing on Norm’s subdivision. Seeing none, we will close public hearing and move into discussion and action. Move to approve. Second. Okay, it has been moved to approve by Commissioner Munson, seconded by Commissioner Connelly.

00:23:15,570	Is there any discussion on the motion? Uh, okay. Uh, yes. So we’ll move into a vote. Uh, Jacob, if you could take us through a roll call, vote. Ryan Bitner. Yes. Wayne. Munson. Yes. Mike Connolly. Yes. John Risch. Yes. Alvie Jarratt. Yes. Bea Streifel. Yes. Dennis. Agnew. Yes. All right.

00:23:51,330	The knobs subdivision will move to the Burleigh County Commission with a do pass recommendation. And our final public hearing of the evening is the clot subdivision and zoning change. Mister chair, commissioners. Um, this is a two a two lot subdivision. Let me start with legal.

00:24:19,330	All of all of track ten in the Northeast Quarter 11, section 11, Township 440, range 80, West. Um, the site address in this is wrong. It’s incorrect. The address is 14328 41st Street. Um, it’s a two lot subdivision. Uh, one lot would be 35 acres. And the the second lot would be 8.41 acres.

00:24:46,670	Um, when they first approached me about a building permit, I told them that they’d have to plat it because it’s, um, they wanted to separate it out. So it’s it’s because it’s less than ten acres. They wanted to, uh, zone it. R1.. Okay. Any questions for Mitch? Yes, Commissioner. Streifel.

00:25:09,330	Mitch, on the history description, can you tell me that it says that the 35 acres will be retained in ag zoning, and then it says that they intend to use the 35 acres as part of their educational process. So being educational groups are allowed, aren’t allowed use and R-1 zoning, but they’re not and allowed use on any zoning.

00:25:34,630	So can you clarify that? No, they’re separate lots with a separate access off of 41st. Uh, yeah. She intends to build a create hope the hopefully to create a a pre-K. Um, early educational, um, building for kids up to 30, 15 to 30. Um, I’m not sure of the age. I think they’re here.

00:26:00,270	They may want, if they three, seven, they may want to get up and talk during the public hearing. Um, and it’s, uh, stormwater manager waiver was applied for in May. I don’t know if that’s been approved or that has been approved. So, um, any other questions? I mean, it’s, uh, fairly straightforward.

00:26:22,270	But my question is they they will have an emphasis on outdoor learning on the 35 acres. Well, the school is on the R-1 lot. Um, I don’t. Know, kind of beat this to death during the ag tourism thing. So I’m just questioning is, are are we going to allow the outdoor learning on the 35 acres? I didn’t even consider that.

00:26:48,830	I, you know, it’s I don’t believe the the building itself is on the 8.2 acres. And so when are they going to conduct field trips out into that egg property? It’s their property. I don’t I don’t know, it’s a heavy uh, if you like school kids go into the park. That zone educational.

00:27:11,800	No, I mean, it’s that’s what I, I didn’t see a problem with it. So. And I see no issue about changing the land use on an egg. And so it will be. It will be R-1 on smaller lot, AG on the larger lot. Yep. Okay. Just to be clear, any other questions.

00:27:29,900	For emphasis. It’s not it’s not a daycare. It’s a pre-K. It’s based on curriculum based on it’s a non-profit based on similar to public schools. But they can explain it much better than me. Any other questions for Mitch before he steps away? Uh, yeah. Commissioner Jarratt. All the. The lots, the land around it is all AG.

00:27:52,370	Uh, there is some residential to the north. Okay. Uh, right to the north and then to the, to the west. You’ve got the ranch and heritage reserve. If you pull out on the parcel of your. There’s a residential that’s scattered near it. So. Okay.

00:28:14,270	Any other questions for Mitch? Seeing none. Thank you. Mitch, uh, we will open the public hearing on the. Is. It is it clatter, clatter. Claudia. Claudia. Subdivision and zoning change. So the, uh, the public hearing is now open. So if you would like to speak in this public hearing, please approach the lectern.

00:28:32,170	Let us know who you are, where are you from? And sign in. Good evening. My name is Mallory. Claudia. I’m going to go ahead and sign in here quick. And I have my husband, Patrick, joining me. His legal first name is Timothy, but he goes by his middle name, Patrick. So you can refer to him as that? Yeah. I had several people contact me.

00:28:56,400	Who is Timothy? Everybody knows him as Patrick. You can ask my mom why. I’m gonna go ahead and lower this short. People problems. Okay? Chairman and commissioners, my name is Mallory Clottey. And thank you for allowing me to speak today. I appreciate about this rezoning request.

00:29:16,600	So I currently serve as the school psychologist for Burleigh county’s rural schools, including Norton, manakin, Apple Creek, Manning. They’re all mine, so to speak. I have the privilege of serving them as a school psych. These schools have operated safely for decades in rural environments.

00:29:37,000	They are around livestock, horses, agriculture, equipment, wildlife, gravel roads and neighboring farms, and it’s all a part of their everyday life and their school. So every day these students attend the schools in close proximity to animals, farm operations and rural infrastructure without issue. In fact, many children attending schools in town do have significantly greater traffic risks. They’re crossing busy streets, navigating those large parking lots.

00:29:58,430	Everything fast, right? And travel through congested drop off and pick areas all day, say rural learning. It’s not a new concept. It’s an established and very successful part of Burleigh County’s educational landscape. So I have reviewed the letters submitted in opposition to this request.

00:30:18,770	And while I respect the right to neighbors to express their concerns, of course many of the concerns are based on assumptions, misunderstandings or speculation rather than actual facts of the proposal. So the project consists of a nature school serving approximately 15 to 30 students. The building footprint is approximately 1050ft.

00:30:43,400	There is a second story, bringing the total to 2100ft, but again, the footprint itself 1050. The nature school itself is going to occupy a small portion of an 80 acre property. So we do own 80 acres while we’re looking to subdivide. I believe Luke has a plot of it. While we are looking to subdivide, we do own the acreage off of that as well.

00:31:01,870	It’s personally ours, um, so again, very small portion. The overwhelming majority of the property will remain open space, uh, thousand and 50ft, very small. So the school I know, it was referenced in one of the letters that there a school would be approximately 75 yards from the property line. That is incorrect.

00:31:21,630	It’s actually approximately 150 yards to either nature or either neighbor’s property line. Um, it was also brought up about, I believe it was a reference to as animal attractions.

00:31:42,470	That is a chicken coop and a dog kennel that are temporarily and there on pallets, they’re temporarily sitting next to neighbor’s property line because we want to continue building prior to moving them. We don’t want to put them in the way of building. So again, they’re temporarily near the property line. However, that’s not where they will remain. So I do want to address the concerns directly. First concern raised is safety related to livestock.

00:31:59,530	So the nature school will be enclosed within a six foot commercial fence, some around one acre. So we’re doing a very large commercial fence. This was not a reaction to concerns raised during this process.

00:32:19,000	The fence was actually purchased on April 27th and that was an original development plan for the property for safety, of course, students will remain within the fence nature school area unless they’re participating in supervised activities on our own property. Children will not have access to neighboring pastures, livestock, corrals or facilities. And that was never an intention. No, that concern that children will wander into neighboring horse pastures assumes a simultaneous failure of the fencing supervision. Operational procedures, licensing requirements, everything at once.

00:32:45,470	And that’s not a reasonable basis on which to deny this zoning request. The next traffic concern is traffic and road conditions. The conditions of county roads did not begin with this application, and it will not be solved by denying it.

00:33:04,130	Several photos were submitted showing muddy roads following rainfall, so those photos demonstrate that rural roads become muddy after rain. They do not demonstrate that a nature school serving 15 to 30 students will create a safety issue or material change road conditions at all.

00:33:26,670	So the reality is that that significant road where that comes from, semis, agriculture equipment, grain trucks, livestock trailers, landscaping equipment, construction vehicles and other heavy equipment that routinely do travel. Those county roads. Passenger vehicles dropping off and picking up children. They’re not what create the potholes, the washboard, the mud ruts, road deterioration. That’s that’s not what creates those. Although a maximum amount of students have to licensure and code is 30 students, there would not be 30 vehicles.

00:33:45,730	So there would be carpooling. We have siblings that would be enrolled enrolled. Two of the children are ours already on the property. And to our teachers, Cassie’s so significantly, this next year would be looking at approximately six vehicles, um, coming and going. So this is a very small nature school, like we’ve said, not a commercial development.

00:34:05,370	It’s not an industrial facility. We’re not asking for, um, you know, like I said, something huge traffic will be concentrated during those pickup and drop off periods, and we’ll represent a very small fraction of overall road use. One of the beauties of this nature school is we are not pick up at seven or drop off 730 8:00 pickup at 334.

00:34:25,300	People do come and go. So we’re not talking about actually a concentrated time either. But if you were to create those hours of pickup drop off, um, hypothetically. But again, parents are allowed to come get their children, drop them off when they please. So next concern is property values.

00:34:44,000	Both opposition letters repeatedly state that property values will decline. However there is no appraisal. There’s no market study, no realtor, opinion, assessor opinion or expert testimony that’s been presented to support this claim. The assertion that property values will decrease. That’s speculation. Uh, the next involves firearms, hunting and neighboring activities.

00:35:05,870	Nothing about this application removes neighboring landowners rights. They lawfully use their property. However, no no owner has the right to discharge firearms in an unsafe direction. This does not change this. You cannot shoot at our property. Our property already contains our home, our family, our young children, our dogs, visitors, contracts, guests.

00:35:27,200	Any suggestion that neighboring landowners should be freely discharging firearms towards our property is inappropriate, regardless of whether this nature school is present. That safety expectation that exists today that will continue to exist, whether this rezoning is improved or approved or denied, the repeated claim that neighboring property rights are somehow being taken away, that’s simply incorrect. Neither opposition letter states.

00:35:52,870	Another opposition letter identifies a single legal property right? That would be lost if this application is approved. Property rights apply to all landowners that is existing neighbors, but it is also applicants. One opposition letter suggests that existing landowners should be protected from future changes in surrounding areas. Respectfully.

00:36:15,270	That is not how private property ownership works. Rural property owners, understanding that neighboring land remains property privately owned and may be used in lawful ways consistent with county regulations. In fact, one of the neighboring properties was purchased after we purchased our 80 acres. At the time of their purchase, their property was already surrounded by privately owned land.

00:36:35,730	Like all of us who choose to live in rural areas, they purchased with the understanding that neighboring landowners retain the right to seek lawful uses of their property through the county’s established process. Next concern was wildlife. One letter.

00:36:52,430	It contained claims that wildlife will leave the area because children will be present. One of the purposes of this nature school is to teach children about nature conservation, wildlife, environmental stewardship, agriculture and responsible land use. Most of this missing from typical education.

00:37:13,470	I can say that confidently as a school site, right? No evidence has been presented that a small, nature based education program will eliminate wildlife from the surrounding area. I do find this concern particularly difficult to understand, given that the realities of what they are today, wildlife already does coexist with homes, vehicles, livestock, agriculture activity, heavy equipment and domestic animals that are throughout our neighborhood.

00:37:36,470	Neighboring dogs routinely do travel through our yards and through multiple properties. Yet that wildlife does remain abundant. Deer, pheasants, turkeys, coyotes, rabbits, and countless other species continue to thrive despite that existing activity that’s already in the area.

00:38:00,700	There has been no evidence presented that children participating in supervised educational opportunities during school hours will have a greater impact on wildlife than the use is already occurring throughout the neighborhood today. In fact, we are actually actively improving wildlife habitat and those environmental conditions on the property. We’re working with the NRCS to establish approximately 5000 additional trees, native grasses, wildflowers, other native vegetation. So rather than reducing that habitat, our long term plans do increase that habitat diversity.

00:38:26,530	Pollinator resources, wind protection, soil conservation and wildlife cover. One letter claims that the nature school was cited for having too many children per adult, and states that we have been caught. That’s actually not what the post says. I believe that you do have a copy of that. If not, I do.

00:38:43,300	The post describes an announced licensing visit and specifically states that our ratio was 0.79 when 1.34 was permitted under the state regulations. That is a good thing. That ratio was was perceived being backwards. The purpose. Sorry to clarify on that.

00:39:08,200	So what the particular opposition was claiming was that the children were under supervised, whereas the licensing board found that they were over supervised. Um, Cassie, the teacher on record, was actually purposely lowering her class size so that the children are more safely and one on one, you know, actually supervised. Well. Yeah, that’s what I hadn’t asked Bowser to explain that intentionally maintain smaller class sizes. Um, then the licensing allowed, she could go significantly higher.

00:39:33,330	But that’s because we believe that this provides that higher quality education experience and of course, safety as well. Uh, so the claim that the nature school admitted to being over racial is factually incorrect. And lastly, I would like to address communication.

00:39:54,670	We were surprised to learn about many of these concerns through observation, opposition letters, because neither neighboring landowner contacted us directly to ask any questions. We lived on the road. They know where we live, they have our phone numbers, and they do routinely see me working out in the yard.

00:40:08,570	So many of the concerns raised such as this, you know, supervision and the height of the fence and our chicken coop sitting close to their yard. All of that could have been answered through simple conversation. Instead, assumptions were made regarding how that our nature school operates, how children are supervised, how licensing works, and how the property will be used.

00:40:29,330	So after reviewing these opposition letters, I believe that I ultimately feel they’re asking you as a commission to deny a small nature school based on hypothetical scenarios. Those unsupported assumptions and concerns that already exist today, including the roads, um, regardless of that application. So the facts are straightforward. This is a small nature school serving approximately 15 to 30 students. This next year would just be 16.

00:40:52,330	We are by no means maxing out. The building. Footprint is approximately 1050ft. The nature school area will occupy incredibly small portion of this 80 acre property. The children will be supervised, wild and free. Does not mean we’re running around crazy, wild and free on 80 acres. The area will be fenced. The program will operate under state licensing requirements.

00:41:13,670	No evidence has been presented demonstrating a measurable impact on property values, wildlife safety or neighboring property rights. Burleigh County does have a long history of successful rural schools that operate safely along those farms. Livestock, wildlife, agriculture operations and this proposal is no different. Bismarck will continue to move northward.

00:41:37,870	Change will continue to come into our area. So if many out of all the lawful uses that you could have on 80 acres, um, we believe a small nature school that educates children improves wildlife habitat, increases native vegetation, and serves local families. That is among the most compatible and beneficial uses possible.

00:42:00,670	So for those reasons, we respectfully request approval of our rezoning application. And I’d like to take any questions after that. I do have we have Cassie here. She is the lead teacher for Wonderfully Wild and would love to tell you about the program, but I do want to pause and see if there are questions.

00:42:13,870	Are there any questions for Mallory and Patrick? Oh yeah, Commissioner Risch. I’ll just say that was an excellent presentation. We don’t get that all the time. Thank you. Thank you very well spoken. For. Streifel. Yes, hi. Hi. Hi. I love the idea. Thank you.

00:42:31,730	I would have sent my son to something like this if I could have. Thank you. If you have grandchildren, we’d love to have it. Yes. I am wondering though, did you take the opportunity to go and talk to your neighbors about everything? I mean, so we normally when when a property owner is coming up with a

00:42:46,730	rezoning and a whole new idea for their land, they’re the ones who go talk to the neighbors and make sure. So we did. Everyone educated? Yep. Patrick did inform both neighbors. And I also talked to the neighbors to the North, and I believe that’s why concerns were raised and brought to you.

00:43:02,800	I guess we had the assumption they would come contact us. Previously, I did not seek out the neighbors to the South because there had been previous issues, and so I did not want to. I did not want to put myself in that position. Yeah.

00:43:22,330	So I had previously brought up the, um, uh, school to the, uh, neighbors to our southeast. Um, just kind of give them a heads up what the program is said. Hey, I think you guys might be seeing a new, you know, project coming here soon. Um, gave a really brief rundown of, like, why we’re doing this.

00:43:38,500	What? What’s the purpose? Um, you know, obviously, as we dug into the process, you know, we weren’t, you know, sure, of all the technical details of rezoning, how that was going to play out. But they were aware that, hey, this is something that we would like to cook up. Um, you know, in the near future. There was no discussion. Okay.

00:43:55,470	Any additional questions? Commissioner Connelly? Um, I. Appreciate the presentation as well. Uh, right here in Bismarck, a number of years ago, there was the School of Alliances, and with you being a, um, provider in the school system, you’re probably well aware of them.

00:44:13,530	Um, there was a plan, and we found out it was a multiple decade plan to where it started with the closing of Hughes. And then we lost Reichelt, and then we lost Sachs. Fig and citizens were a little late to the chase, but there was a reason for walkable schools, and it was for communities to protect neighborhoods because of the check and balance.

00:44:30,270	You’re close to one another, and there’s a long, storied history where that’s a benefit. And as we get more larger and separated, we’re starting to see the consequences of that to where, um, disconnected families, foster kids, um, people in the disjointed homes and things. There’s so, um, no, it was a good presentation.

00:44:57,530	This kind of answers that call in some cases. So I do want, before I say any more, I want to give a respect to. Absolutely. The, um, other people that might comment, but part of it is, is that anytime we get a plat, whether it’s a locally or really, um, say it’s a big development, the number one

00:45:19,930	thing that they plat out is a school or a fire station, and the first homes go around both, and it’s usually the property values go up, not down. So I’d be interested to hear where that, um, uh, where people are concerned about the devaluation versus increased valuation. There’s people are very excited about this concept.

00:45:40,830	That doesn’t mean we can grow. There are licensing requirements. That’s why we talk about the 15 to 30. There is one other school like this in Fargo and that is it. So as a school psychologist, I actually have 12 rural schools. Some of them that I listed here.

00:45:56,270	Guys, I also am down at Fort Yates as well as others, and I have I seen the need. I can’t even can’t even I could speak for hours on the need. Any other questions? Seeing none. Thank you. Yeah. Thank you. Thank you all. If anyone else would like to speak in this public hearing on the cloud, I think I’m getting it right. Claude. Cloudy.

00:46:16,930	Cloudy. Cloudy. I’ll get it. I’ll get it. Uh, cloudy. Cloudy. Subdivision and zoning change. Please approach the lectern and let us know who you are. Where are you from? My name is Cassie Quintus, and I currently own and operate wonderfully wild nature school. Um, thank you, Mallory, for giving us that great opening.

00:46:37,800	And thank you, Chairman and Commissioners, for allowing me to share wonderfully wild nature school with you today. Um, it has been my passion project. I love speaking about it. Um, public speaking is not my forte otherwise, so bear with me.

00:46:54,500	I started my education, my career in education, teaching, early childhood special education in Mandan. Um, by the end of that chapter of my life, I knew that something needed to change for our students. They needed more green time, less screen time.

00:47:09,800	We needed kids to get, you know, have those days with the freedom to play and explore, not the 1 to 1 iPads and Chromebooks that our schools are really pushing. Um, the benefits of time spent outside are immense and supported by research. These include increased attention and enhanced cognitive function, increased physical activity, better sleep quality, reduced stress, improved heart health, circulation, blood pressure, a boosted immune response, increased social interactions.

00:47:33,400	So really, in short, when given time in nature, children are happier, healthier, and more likely to feel connected to others in their community. Um, when I opened Wonderfully Wild five years ago, we were quickly embraced by the community. It was a new concept in North Dakota, and hearing families, um, find us and see how it has kind of spread worldwide. It has been a phenomenal response.

00:47:54,670	Um, open spots are almost always filled through word of mouth. So I really had very little advertising there. Kind of a secret, um, program in Mandan and the waiting list that I had, I soon had families that would call as soon as they were pregnant saying, when our child is preschool age, can we

00:48:08,000	get in? Um, so we know that there is a need in the community, we families want options for their children, and we’re so excited to provide that option that returns children to their roots. The foundation of Wonderfully Wild really is relationships.

00:48:23,470	Students feel connected to their peers, the community, and the world around them. So we get outside all year and in all types of weather. We follow the rhythms of nature. We encourage children to learn through hands on discovery.

00:48:38,030	So while we spend hours outside every day at our current location in Mandan, um, there’s something to be said about being truly surrounded by nature. Right now, we’re more of that urban setting, so to be out in the country surrounded by nature, um, moving wonderfully wild to the cloudy land is an intentional step in that direction. And it’s involved literally hundreds of hours of planning and preparation.

00:48:51,300	This is not a whim. This is something that we are, um, diving in and kind of putting down our deep roots ourselves in that direction. Um, we have contacts within the North Dakota Forest Service, the North Dakota game of fish. And our goal is to help create a thriving ecosystem on the land for our students to study.

00:49:07,200	Um, we’re focusing on the native plants and flowers, which will provide a habitat for a native wildlife. Children are taught respect and a love for the environment that stays with them for the rest of their lives. This is, I mean, life changing for some of these families.

00:49:21,270	Our plan is to start at our new location with approximately 15 students and two full time staff. Um, we would have space for more children, but again, that slow growth is intentional.

00:49:40,800	Um, we want to maintain the heart of our program again, the, um, that basis in relationship and connection, we deliberately have smaller class sizes than other local programs that serve similar ages. Um, students at Wonderfully Wild are recognized as the independent, capable humans that they are. I mean, we have 3 to 7 year olds, but they are capable of so much. Our curriculum deliberately merges academic concepts with real life experiences.

00:49:59,130	So students are learning through gardening, cooking, reading, crafting, woodworking, um, caring for the land, real time observation, experiments, and of course, play. Um. It has been said that the health of the community can be measured by its youth, and we know that this change will not only make a positive difference for these children and families and their families, but for the community

00:50:12,070	as well. I am happy to answer any questions about Wonderfully Wild. Um, thank you for your time. Yes, just one question. Uh, when when would you start? Would be. It would be next year or. And then does it does it does that operate in this the school year or is it year round question.

00:50:28,300	Um, because we try to make it functional for families as well as well. We know that some families need only the school year, but most parents work year round. So we offer school year contracts and then additional summer programming for the students that need year round.

00:50:43,800	Um, our goal would be to open with the upcoming school year. Um, with the delays in our in getting the building up and running, it will likely be September that we’re looking at. Okay, uh, any additional questions for Cassie? Commissioner Risch. Mr. Chairman? Kathy, the children are 3 to 7 years old, correct? Okay. Thank you. Yes. Any additional questions? Um, yeah. Commissioner Streifel.

00:51:07,830	Chair. Uh, okay. I’m wondering if you can help me. With what I love that you’re having the six foot commercial fence around the 8.41 acres or so. The fence. Around one acre. It will be spanning one acre. Um, so that we can have a natural playground in there that allows children to be more free when.

00:51:29,170	They activities on the Exxon land. Can you explain to me what what’s going to be going on there? We our land to step in. Because that’s our land. Yeah. So we would allow them to take nature walks. That would be the the activity where we identify different.

00:51:47,200	That’s one of the only reasons that it’s a it’s a screen free program other than using phones to identify. We’ve learned so many different plants that are already on the land. That is the extent of it. The sorry, the fence is one acre. Um, otherwise the cost. Okay.

00:52:07,670	I we have a cargo bike with our program, so it’s a bike that seats seven students and one adult, and we get out in right now we use the bike paths that are within the Mandan community. Um, so we are working on creating those trails. So it’s basically we go to the Missouri River nature trails.

00:52:22,600	Right now, we are going to be able to have those trails that we can go and look for the signs of wildlife. And for clarification, not on the gravel roads. We understand that they are too dangerous for the children and the bikes. Yes, Commissioner Connelly, you had something.

00:52:41,930	Um, I like what you said about intentionally growing slow because there’s a lot of programs of these type, um, including in the mental health areas, and that when it comes to people, um, to where we had really strong, um, embraced by the community programs. And then when the government came around and the stipulations in the hooks, then all of a sudden they became a lot of heartburn for the community.

00:53:02,430	And we ended up with less resources. So when you’re talking about growing in and developing something that’s very special, unique and beneficial, um, I like the fact that you said slow and intentional. Thank you. Any additional questions for Cassie? Seeing none. Thank you. Cassie, thank you.

00:53:26,130	If anyone else would like to speak in this public hearing on the Claudy subdivision and zoning change, please approach the lectern and let us know who you are, where you’re from and sign in. I’m not sure this this is the right place. I, uh, came up at 7:00 this morning.

00:53:46,630	I thought that we would be discussing the, um, educational, the things with the Stol greenhouse. Uh, but I am a grandma, and I have children at the Manning school, so I decided if you want to listen, listen for just a few minutes. Uh, I’ve been a nurse for 60 years. Uh, I was on duty, during a snowstorm.

00:54:09,530	My son and three of his friends were killed, and they hit a train in a snowstorm. I didn’t know what was going to be them. Had to call for the jaws of life. Had to call for the helicopter from Minot. I lived up in Tioga at the Williston at the time.

00:54:24,100	Uh, we could not get it because of the weather afterwards. It killed my husband. I told him not to go into the morgue and identify the bodies. I would do that. They didn’t want the other mothers there. Um, he died shortly after, so I was left with two funerals. I was left with college loans that we co-signed.

00:54:47,330	I had three other kids In college and I could not go back to work because my son was born in that hospital. What I did is I drove 91 miles to Minot, to a greenhouse, and I worked for $6 an hour.

00:55:17,730	And being around that beautiful, incredible living nature that God created with all the flowers and all the beauty and learning everything I learned in that greenhouse about preserving our environment. About the tours that the kids came about. The garden groups that came and it was the most miraculous thing that ever happened. I did not need to see a psychiatrist. I managed one of the greenhouses for Mr.

00:55:41,930	Lowell for six years. After that. Um, and I many, many tours. Every kid. Their eyes just popped. There’s no way we can be an agricultural state and not educate our children on the importance of agriculture, on the importance of wildlife. On the importance of protecting our farmland.

00:56:13,300	On the importance of protecting our environment and the psychological benefits are tremendous. Um, I look at our school and sometimes there’s 40 cars outside the door. Sometimes there’s six buses. Kids are running back and forth. That doesn’t happen in Manning that that I’ve never seen that with my grandchildren ever, ever, ever. And had I not, I came because I thought the Stoll farms would be up.

00:56:39,470	And so I’ve been sitting in Bismarck all day waiting for this. So I’m gonna you have to listen for another minute or two. Um, I worked in that greenhouse. Some days it’s 110 degrees. Some days it’s 30. There’s no restaurant.

00:56:59,930	Bismarck and Wilton are as close as you can get. And Wilton isn’t open very often. They’re not very reliable. The employees need a chance to have a decent meal once in a while. So if a food truck comes to the greenhouse, I can’t see that that is any kind of an event because you’ve got employees.

00:57:21,570	There just for a second. The the public hearing for the Strong farms, uh, zoning change preliminary plat will be it’ll be in front of this. But I. Thought it was. Now it’s not and I’m not going to come back, so I’m just going to squeeze in. A. Few little things. Claudia Volk. Claudia.

00:57:39,230	So I’m just going to squeeze a few little things in here. Um, I’m not dumb. I was in the House of Representatives in Minnesota. Uh, so. Yes. Just so we can add that, um, are you do you have access to email? Yes I do. Okay. Okay.

00:58:02,700	Um, it’s with the new, uh, if you were in the house and all that, um, with the new, uh, Senate Bill 2180, in public comment. Um, we’re already about two minutes in the, um, another three minutes and that and then email a follow up so that we can correlate it with the information. And I’ll just say point of order for three minutes. That’d be okay. Yes.

00:58:24,630	So I’ll stop, but I just I just, Um. I just. Education for our kids is so important, and it ties so in with this and and that’s exactly what our greenhouses do. And they come for tours. We give the kids little things to plant. They see where their food grows.

00:58:45,930	They see the garden produce. They see all that. That’s a vital, vital, vital part of what we need to do as parents and as the state and as elected officials to preserve our agricultural heritage. Okay. Okay. Done. All right. Thank you.

00:59:08,870	Claudia, if anyone else would like to speak on the Claudia subdivision and zoning change, please approach your letter and tell us who you are, where you’re from, and sign in. On that. That should just turn on. It should just turn on automatically. My name is Heidi Ryder. I’m one of the four named. Um, neighbors. I am a property owner as well as a nurse myself.

00:59:33,330	I’m actually a nurse practitioner and family practice and pulmonary medicine. I am a nurse practitioner in family medicine and in pulmonary. Um. First of all, um, we would have never moved to our property if we knew that there was going to be a school built. You can check online yourself.

01:00:02,900	There is mixed reviews as far as property values increasing or decreasing. It depends on what the person’s purpose is. Our purpose is for privacy and living the rural lifestyle. So I would have never moved by a school and anyone wanting to go to my property would feel the same.

01:00:20,400	I found no rancher, no horse owner that would want to live by a school. So that is a huge concern for us. And we were not asked.

01:00:34,500	What are your thoughts about having a school beside you? We were informed that there will be a school beside us, that we did not have a say and that we, um, this is what we’re going to do. Um, a school has additional restrictions. Um, and I’m sure some of my neighbors will ask to. Um, you already mentioned the gun rights. And by the way, are.

01:00:55,670	letter letter that we received is very vague, but yet you shared all of our concerns with our neighbor. Um, so that was, in my personal opinion, not very appreciated because I did not have any rebuttals against her. Um, things in regards to our concerns. So that was, um, not appropriate. Increased density, driving surety, rebuttal, all these things. I can’t promise that people will carpool.

01:01:15,570	There will be more traffic. There will be lots of privacy for us. And that is why we move to the country. We want the country. Um, experience. Um. ET cetera. There is also two major blind spots on our road.

01:01:35,200	And as I got to know all the neighbors in signing of our petition of opposition, um, I was informed that one of the particular intersections was told in 2018 it was going to be corrected. It’s actually in the corner of 41st and 134th. There is a blind spot. If you do not know about this, there will be a T-Bone and a fatality at that intersection.

01:01:55,400	Also on the side of my property, there is a very steep hill, and unfortunately I was the victim of Mother Nature with an ice storm and ended up sliding down backwards. So, um, that was very humbling for me because I’ve lived in the country majority of my life. Um, but that is a driving hazard.

01:02:12,530	It is a very large hill. Um, she already mentioned the infrastructure, the ruts, etc. regardless, more traffic is going to cause that problem. I don’t know if the pavement exemption was approved or not. Um, but um, that is a concern as well. And again, I already talked about the property values and my opinion.

01:02:30,830	They will go down. And again you can check on the internet. It is mixed reviews as far as that. If you are in a town possibly that improves. But as it was already stated before, we are primarily agriculture and that is the purpose.

01:02:50,000	Actually, this property is surrounded with proposed plot revision, is surrounded by over 50% in livestock. Across the road. Cows get out. I don’t care how good your fence is. Cows get out! Horses get out! If I leave a gate undone, if a child goes under my fence and you tell me how you are going to herd 3 to 6 year old kids by having, are you going to hold everybody’s

01:03:04,870	hand on these nature walks? Um, I’m a nurse. I know how children are. I’ve taken care of children and infants and in the health care and my own children. Um, you cannot contain children in a one acre area.

01:03:24,070	And then expect me to believe that one of a 75 acres that they are going to remain safe in that time? Yes. The wildlife aren’t going to hurt them. I’m worried about my liability. I’m worried about my entire livelihood being wiped clean because somebody sues me, because my young horse goes over and is curious about a kid.

01:03:41,200	Are you guys ever any of you guys have livestock? There are £1,000 animals. Okay, I don’t care. Mine are trained very well, but that is no guarantee. That’s why horseback events are the most dangerous thing in any sports. Are horseback events. Um, so I’ve already talked about the child safety, and, um, they are going to be 1000 hours outside.

01:04:00,430	I guarantee you, that’s not 1000 hours in that little one acre fence. Um, so let’s see, I have 22 signatures from neighbors who are opposed to this.

01:04:20,970	We’ve already discounted our gun rights, but there is a federal law against schools, and it does not matter if it’s a preschool, um, where there are restrictions on transportation of firearms and ammunition, there are very specific rules. We even had one of our lovely neighbors reach out to the sheriff and inquire, yes, you can shoot on your own land. And yes, we’re not going to shoot live rounds at someone else’s property. Thank you very much.

01:04:37,300	Um, but we should be able to shoot our own guns on our own land. But nobody could tell me. If you have friends over and you want to do a shooting activity, there’s actually a shooting range just down the road. So there are a lot of people transporting firearms.

01:04:51,130	Um, in this area because they’re going to the shooting range. Um, and nobody could tell me if we’re allowed to have guests shoot on our land or at least land. Um, I was riding horses the other day.

01:05:09,800	There was a shotgun shell on the side of the road, which would have been within this thousand feet restriction of this. People are out there shooting coyotes to protect their cattle and these other things. So I don’t have that answer. And the sheriff couldn’t tell us either. Um, so I’m going to put up here. There was one individual who actually lives out of state.

01:05:31,130	And so my, um, two examples are slightly different. As I was still obtaining signatures. Um, that is the signatures of all of the, uh, opposers all along 41st and also 134th to this proposed zone change, aka a school being built because of the additional restrictions. I’m not against public education. And by the way, I don’t know if this is a private school or a public.

01:05:51,430	School. No one has delineated that. I’m assuming it’s a private, but I honestly don’t know. I’ve had the 501 C nonprofit thrown in my face, so I’m not sure. Is oh, just. A the additional signature from a landowner as well who is also concerned about his gun rights.

01:06:13,300	And he was so concerned, he actually sent me a copy of his warranty deed of his plot, in case he didn’t believe his signature. I believe he’s a lawyer as well, so he was very adamant that, um, I show that.

01:06:33,270	That he owns a large section of and I don’t know how to read plot maps, but number 11, he owns almost a quarter of that, and his property does back up against this. Um, and he was very concerned. I also made a map of all of these red X’s. Of all the signatures on there, they do have all of the addresses listed that the their physical addresses.

01:06:53,670	And all of the red X’s, which I don’t show up red there very well are people that were opposed. People are going to be a affected either being immediate landowners um or in the vicinity uh traffic concerns which apparently aren’t a concern. Um, but they are for me. They really are.

01:07:12,530	Um, and we’re going to have people that don’t know how to drive on the gravel roads. which isn’t anything. But you guys are going to get complaints about how bad the roads are. Um, because they’re used to driving in town. And country roads or country roads. But I guarantee you you’ll get lots of complaints.

01:07:27,030	And I am worried about a fatality on that one corner. Um, and could someone tell me, if you don’t mind, has the pavement exemption been approved before the rezoning has been approved? It has. Yes it has. So that was done before. Even the rezoning was approved. Okay. All right. And we just got our we got our letter after that was.

01:07:49,130	Approved because of the preliminary as along with preliminary. We got our letter after that was approved by the way. Just so let’s just make note of that as well. Anything that I forgot. Okay. Anyone else that wants to I do have several of my neighbors here as well. So whoever would like to speak. As well.

01:08:11,300	In case I forgot something, or if you have additional concerns. Um, just one question. Um, when on the there were two sets of signatures. Is that. The I. Yes, the one I highlighted because I had to get his via email. Um, so this is, this is the main one. Okay.

01:08:34,770	Of all of our property owners signatures. And then the second I highlighted the one additional one. Okay. Mister Latinus. Gotcha. Thanks. Thanks for clarifying that. And the, um, the signatures there. Are they signing to oppose the zoning change or the school itself, or.

01:08:55,630	They’re signing to oppose the zoning change, aka the school? Because, again, our letter says nothing about a school. Okay? Because there’s yeah, there’s only a building and a. That is a thing. So is it was it I guess are they is it opposition to the zoning change, the the building of the building or the program? Actually it is the it is the zoning change opposition. Okay.

01:09:15,870	Petition and opposition to rezoning request. Because if it doesn’t get rezoned, then the school doesn’t go there. The school can go somewhere else. Okay. Um, but just not, um, beside a bunch of livestock. Okay. Just wanted to understand. What privacy. But but yeah, I guess.

01:09:33,500	Commissioner Streifel, did you have a question on that? What the petition said, what? They signed. A petition in opposition to rezoning request, and that was in bold on top of the petition. Okay. Thank you. Any additional questions? I’m seeing none. Thank you. Thank you.

01:09:56,470	If anyone else would like to speak in the, uh, Claude subdivision and zoning change, please approach Lecter and let us know who you are, where you’re from and sign in. Uh, John. Doctor. Neighbor to the north. Um. John. John. Uh, my concern is basically the same of what ID had said. The value of the property.

01:10:23,270	Now, you put up a one acre fence around a two story school, and you got ten acres, 40 acres, ten acres, and people drive by, and you want to sell your property, and you see this fence around this school, who wants to move out to the country to be beside a school? And I don’t care about the thousand acre property.

01:10:45,600	It’s going to be a school. It’s going to be kids. Nobody’s against education. The kids at all. The idea that, uh, she mentioned that we were all notified.

01:11:08,700	I called her after I’d heard about it, and I asked her, did you get all the zoning stuff done with the county? And she said, it’s already taken care of. The only thing we’re waiting for is the state approval with, I think, fire either sprinklers or something like that. Had I known, I didn’t know. According to her, it was already approved by you guys. I bought out here in November and I sent this in.

01:11:27,670	I don’t know when he got it, but I bought out of there in November of 2013. There is no school out there. Had there been a school I wouldn’t have bought, we lived off a 52nd street right in town, where a silver ranch built. And then I forget the other name of the school. We decided for in 2013.

01:11:47,530	We’re moving because my wife has horses, so the whole idea of getting away from the chaos because now 50s paved, you got Silver Ranch, you got a development going over there. That’s why we moved. Now someone brings the school into your neighborhood.

01:12:12,230	It’s ridiculous for the simple fact that our values are based on the type of lifestyle we bought at the time. It’s not like you go to Manning school and you buy beside Manning school because it’s already there, you know ahead of time what you’re getting right. You’re coming in here and someone’s bringing the school to your place.

01:12:32,000	That’s a whole different idea. None of us want the school. And I got nothing against Mallory or Patrick. In fact, we went over and welcomed to the neighborhood, and Patrick wasn’t there at the time. But I don’t think they understand the gravity of the lifestyle that we purchased 13 years ago.

01:12:54,270	And Heidi and her husband just bought three years ago. That was pasture beside us, right and pasture behind them. When they bought the place and built a nice house. No problem. But then you come and put a school here.

01:13:17,730	You’re totally defeating what we what we bought out here for the whole idea of having a school there. And you come and buy when the schools are ready up. That’s on you. But when you buy and there’s a pasture there and it’s like pasture all over with probably 12 residents on 41st Street and on the way from Prairie View Landscaping to 41st Street, you got 5 or 6 residents. This is all rural.

01:13:44,400	Nobody is going to come out here. If I want to sell my house and see a six foot chain link fence, a two story school and say, oh, this is rural living. This is 40 acres of rural living, they’re not going to do it.

01:14:01,000	I’d have to lower my price. There’s just no doubt about it. And I would wager to say, any one of you that is a property owner would feel the same way. Whether you’re in town or not. It’s different if you buy and the schools up, it’s a whole different world.

01:14:19,300	If the school is being put up after you’ve purchased your property and technically they’re taking the rights of way of ours, you can’t tell me with 15 to 30 kids walking around that entire neighborhood of the 40 acres that eventually the deer will leave from the noise. And I know it’s a nature school, but technically the wildlife will scare away.

01:14:43,730	But we bought out here for privacy for our our own type of lifestyle shooting. And I know that’s not taken away, but you got to be darn careful now. So I just don’t.

01:15:04,000	I just don’t think it’s right that someone can come in here and take away our way of life like that. It’s not like it’s a school. It’s a house. It’s not getting zoned to put a single family home in here. The reason that’s being zoned is because it’s going to be a school. And what what really kind of bothers me is this zoning thing that was sent out to us.

01:15:28,230	Doesn’t mention school at all. How is that possible? How do you send out something to the neighbors and you don’t identify why it’s being zoned in the April minutes, which you approved tonight, talks about rezoning, talks about the 35 acres still being used for nature walks, talks about that 15 to 30 for

01:15:54,730	pre-K school. But the guy from Minnesota who owns the land behind the clock and myself, he gets this this thing in the mail doesn’t say nothing about a school. Just says rezoning, totally deceiving. That should have been that isn’t right. Again, I’m not trying to. I Education’s great.

01:16:22,770	I got we got nine grandkids. We’re for all the education. But a school coming out here, it’s just not right. And also can people guarantee the roads are going to be awful? They’re already awful. You had more cars. They’re going to get way worse.

01:16:46,670	Can anybody guarantee county taxes aren’t going up? How is the the paved thing already waived without a hearing? Some of this stuff is just mind boggling to me. I got a I got a note from somebody who said he can’t open up my email, and I just say yes unless otherwise I say no. That was from, uh, Mr.

01:17:08,930	Risch was a Risch is your name? What’s your last name? How do you pronounce your last name? My name is John Risch Risch. Mr. Risch, I’m just trying to figure out how some of this came to be, especially the thing sent out to us. And I talked to Mitch about that.

01:17:29,770	Like I said, I had heard secondhand information about this building. I was never approached when we went over there to welcome the neighborhood. And they never said nothing about a school. When I call, I’m told county’s already approved everything.

01:17:52,970	So with the signatures, uh, again, I know that what they’re trying to do is a good thing in a lot of ways, but not out here in our neighborhood. You can’t imagine you take a fence and a school, and you’re supposed to come out here and try to sell your property as a rural, 40 acre property. Does it make no sense? Are there any questions for John Commissioner. Chairman? Mr..

01:18:15,270	Doctor? Yeah, we have a farm and ranch west of Mandan, and there’s an old country school next to it. We always thought that was a beneficial part of the community. What I see now, there’s a major development of homes with five acre lots, and I don’t think that adds to our rural environment whatsoever. Or my wife’s and I perception of it.

01:18:32,970	We have all these homes going up next, but guess what? It’s not our property so we don’t get to decide what somebody else does on their property. When you’re living in the country and you’re surrounded by pasture, there’s no guarantee you’re going to be surrounded by pasture for all your days. Development happens.

01:18:48,730	People will make improvements to their land, and if they own the land, they have the right to come to the zoning commission or Burleigh County and ask for zoning changes. That’s the world we live in. I understand that I’m a property rights guy.

01:19:06,330	You get to do what you want on your land, and sometimes something happens next to you on somebody else’s land. You might not like. But when it infringes on the rights of the current owners, especially when that property wasn’t already there. A school is different than a house.

01:19:28,730	If it’s she brought a bunch of stuff about the branch, right? The ranch is three miles west by 83. Lent is behind them, has 153 acres. We have 40 acres. There’s a couple tens. There’s 150 or 200 across the road. These aren’t little five acre places. It matters what’s being put up beside you.

01:19:55,030	And I have the right to come here and say, I don’t want it right. And you have the right to say what you want. But my point is, it’s I live out there. I’m not saying it’s a bad thing. It’s a bad thing where it’s where they want to do it.

01:20:10,570	Nobody’s saying anything else about bad about them or the kids. It’s just the location is awful. And you put a fence up and a school. That’s the thing. I’m against the school because it’s going to take away my property values, my lifestyle. There’s not even a doubt about it. You can’t convince me of that.

01:20:31,730	Are there any more questions for John? Oh, yeah, miss Commissioner Streifel, sorry. Thank you for taking the time to write the email and to come here and speak and to present your side of things just because one of us has a point of view here doesn’t mean we all agree. Yeah.

01:20:49,400	So we are here to listen to you and to, um, go forward from there. I would just like to ask which, what side of the property are you on? Are you. To the. I’m on the north. You’re on the north side. So on the north was a smaller property and then a larger property.

01:21:07,530	And so I’m part of that school will be butted up against, uh, my property. And then Heidi and her husband are on the opposite side of them. So you have the tree rose between your property and theirs. We have some. Yeah, we got tree rose between there. Yep. Okay. Thank you. Uh, any additional questions for John? Okay. Seeing none. Thank you. John.

01:21:33,200	Thank you. If anyone else would like to speak in this public hearing on the Claudy subdivision and zoning change, please approach. Listen who you are, where you’re from, and sign in. Hello. Josh white, my property butts to the south. Uh, we own the 40 acres. That. But to the entire south side.

01:21:52,870	Um, I guess my question is maybe more for the zoning committee. How or what? What makes this a residential zoning change? What allows a school to build on residential? Why does it not have to be commercial? And, Mitch, if you want to feel that.

01:22:14,630	The, uh, mister chair, they they wanted to they wanted something less than ten acres their parcel. So they had to rezone to residential. They had the school, which isn’t allowed use. It’s a group use in residential. It has to be non-profit and it has to be, um, basically framed after, public school. They can’t turn a profit.

01:22:36,870	It’s, um, similar to a public school. The framework, the the curriculum, that sort of thing. So rezoning to something that has the allowed use of a school. Yeah. Well, they want to be less than ten acres to. Right. So they had to be zone residential. Gotcha. If they wanted to go to agricultural they could have applied for a special use permit.

01:22:58,000	All right. Thanks. Will this property now have a new taxable address and pay the applicable taxes that a normal residential property would? I believe that that would go along with. The parcel, would have a separate address? Yes. Okay. Okay. Yeah. I think that answers my question.

01:23:16,770	I guess I, I, I, I think it’s a great concept and I’m not anti for that. I just think that there’s potential or opening up a very broad o rezone to residential. It’s non profit. You can build whatever you want out there without the approval of anyone around.

01:23:34,930	You know, like an extreme would be like oh I’m going to start making, you know, ammunition rounds and selling them out of my property. But it’s residential and it’s non profit. You know, I know that’s an extreme example.

01:23:49,970	I just I have genuine concern that if we’re opening up a can of deeming something residential because it’s non profit, then like a lot of our neighbors said, like we’re really opening up to lose the rural feel that we all, you know, many of us have purchased within the last five years paid very premium money for the the rural feel living, you know, relatively close to Bismarck.

01:24:10,700	So that’s that’s about it. So thank you. Any questions for Josh. Seeing none. Thank you. If anyone else would like to speak in the Claudy subdivision and zoning change here. Public hearing, please approach the lectern. Let us know who you are, where you’re from and sign in. Hello, commissioners. Uh, chairman, I’m Roy Bergquist.

01:24:38,570	I live up the street. I’m not here in opposition or I want to really promote it either. I’m just here to say that I’m for, uh, private property rights and, um, I believe on your property, you should be able to do what you want or rent it or

01:24:56,530	lease it for. For which you you deem me want to do, um, something that’s being overlooked here, though, is we got a lot of traffic concerns out there, and, um, there’s some commercial entities doing work out there under an agricultural umbrella which have, you know, more impact on

01:25:18,470	the traffic out there than, you know, even 30, 30 automobiles bring kids to school. Well, um, there’s a landscaping company that has, you know, trucks going up and down the road nonstop all day long. So they’re the ones causing it.

01:25:39,030	If we’re going to single out a school, I mean, we gotta go back to looking at, you know, what’s out there that’s commercial working under this umbrella that they’re called AG or zoned EG out there. But I’m right up the street and, and I’ll have to pass it every day. And I think, uh, just a little bit of compromise of some signage and make people known.

01:26:03,830	That’s what’s coming to us out there. I mean, we are this close to Bismarck, and we’re going to have to deal with with some things that are growth. Any any questions for was it right? I’m sorry. Roy. Roy. Sorry. Any questions for Roy? Yes. Commissioner Connelly.

01:26:25,730	There’s a lot of moving parts that can kind of, um, segue into this because, um, kudos to this commission. The planning and zoning on the city, the city commission and the county commission. We’ve had a long discussion since May of 2025 on bringing. Uh. Taking the ugly practice for most of regulation without representation, moving it to regulation with representation.

01:26:48,770	I just noticed one member leave that he still kind of caught in that. But, um, part of the things with it is, is that and the last speaker, um, everybody does have a right in our republic to share. It’s codified in our century code with the new state law. And so appreciate everybody talking.

01:27:08,970	And we’re working on ordinances to protect those property rights. But it’s always an ebb and flow. I have not read the letter to where it wasn’t mentioned. Um, I read a lot of the personal letters, but I think I missed the one with the small paragraph.

01:27:28,200	And it’s not the first time that governments, uh, entities have not mentioned all the information. I don’t think it was meant to be deceiving. Uh, years ago, Bismarck, uh, accused, uh, over 7000 people of overwatering. And then when you looked at the size of the lots, they weren’t overwatering at all. Probably could have used better words.

01:27:47,000	And this check and balance system is how we pick up on it. And hopefully the letters can be written in a better manner so people feel more informed. Um, so I just appreciate you saying as far as the property rights and that and some of the questions, and I would encourage everybody to kind of pay attention to some of these new zoning changes

01:28:04,000	that the county is looking at to respect some of those and the protections being put in place so that everybody has a little bit of say on what how the impacts happen to their properties. And these can always be tweaked. So all input is recorded. And we’ll continue to try to go forward. So just appreciate it.

01:28:25,800	All right. Any more questions for Roy seeing none. Thank you. Thank you. If anyone else would like to speak in the Claudy subdivision and zoning change public hearing, please do approach a lectern. Let us know who you are, where are you from and sign in. I’m Karen Martinson.

01:29:03,200	I don’t have any skin in the game because I live about 4 or 5 miles away from where this is happening, but I did use to drive that road as a home health nurse and also hauling anhydrous tanks for my husband.

01:29:24,530	So when I heard about this, I was reminded of that hill and what was a little bit unnerving for me was going up that hill. Uh, before you get to the top, you you have to turn left.

01:29:43,530	And and I thought that that is a blind spot and it’s a little bit frightening to me now, people that travel it all the time probably don’t find it that way, but I, we drove it today just because of that. And I do think that that might be something that needs signage will need to be addressed or something on that hill so that people are aware that there’s traffic or extra traffic turning there.

01:29:59,800	That would be my thought. Uh, we live a mile and a half from Norton School. I think we had about 33 students there this past year. Um, there’s a lot of traffic with that amount of kids, and and they’re not all single. I mean, you know, just one family. There’s several kids in a family.

01:30:20,070	And that intersection where the school is, is really busy because they’re coming from different directions. But it’s definitely a significant, um, factor. So those are just a couple items that you might want to consider. That might be maybe there’s some mitigation factors that can be addressed. Okay.

01:30:41,430	Any questions for Karen? Commissioner Connelly? Uh, just a mention. I was when I referenced some of the ETA properties. I’m talking about your husband that just. Left. Yeah. Any other questions for Karen? Seeing none. Thank you. Thank you. If anyone else, anyone else would like to speak in this public hearing on the subdivision and zoning change, please approach the lectern.

01:31:05,470	Let us know who you are, where are you from and sign in. Am I allowed to clarify? I’m not familiar. Oh, yeah. Just introduce. Introduce yourself. Okay. Mallory. Claudie. Uh.

01:31:20,300	And I am the one of the individuals trying to rezone, uh, this property, so I, I feel like this has been painted as an eyesore. So I just want to clarify, um, what this would look like. How do I. It’s. Yeah, it’s up there. Okay. There we go.

01:31:36,470	Coloring isn’t fantastic on here, right? Um, but we’ve been very intentional to make it a very nice looking building. It is also not very well seen from the road, and it is not visual. I would be very hard pressed to stand at John’s house and see this, that we’re surrounded by trees, our property surrounded by trees.

01:31:52,770	So as John’s so even driving into the road, you have to kind of you can maybe if you’re traveling north, maybe sit out of the corner of your eye. Otherwise you’d have to be coming in to our, our driveway to even see this. So if somebody were coming to tour somebody’s property, they would need to know the school is there.

01:32:07,100	It’s not having any signage on the main road, anything like that. Um, but we are surrounded by trees and then another fence. Our property is surrounded completely by, um, what used to have animals on it so completely by wire. This at acre fence is an additional fence to that. But I just wanted to show that because I don’t. I think it looks good.

01:32:24,100	The chain link next to it, I’m going to paint black so it blends in. Um, very proud of it. But like I said, you can barely see it. Any questions for Mallory? Commissioner Connelly. You also said that you were going to plant a lot of trees. Oh, absolutely. We’ve already started.

01:32:41,600	How many? Well, 28, 30 trees. We’ve already started now. Different sizes. Right. Um, but yes, we’re working with the NRCS. Um, approximately 5000 initially. Um, yep. Approximately 5000. And then we are also doing approximately ten acres of wildflowers.

01:33:01,070	Uh, we’ve already personally started two of those acres, and then we’re, we’re giving the NRCS free reign to do what they feel is best with the property for the benefit of of our area.

01:33:18,930	Uh, any additional questions for Mallory, Commissioner Connelly? Um, when I mentioned it to the group, it’s not approved of yet, so it’s not official, and it has to go on to the county commission. But, um, the number on it, um. Forgive me if I’m getting this wrong, Mitch. Uh, 7.11, it talks about buffering with, um, projects or whether it’s special use permit or our one, but something for you to take a look at, because that might be one. One.

01:33:40,830	I don’t know. Will that be the official number that it turns out to be? Are you talking about I, Mr. Cherry, you talking about this, that. No, it would be under that article. Whatever article that says on there. But it’s in that’s a definition.

01:34:00,270	So article three um buffer zones or buffer strips can be um utilized for, for properties that have higher impact on their neighbor. Neighboring properties. Can you explain what a buffer strip is? I’m sorry a tree rose. Yeah, I guess Mitch, if you if you want to, I guess it’s it’s in our definitions.

01:34:18,270	But yeah, it could be either a solid fence or or a tree rose just for to protect, uh, neighbors II line into the property. They don’t want to. If it’s, uh, you know, you want them not to be obscured, but it doesn’t want to be. You want to reduce the impact to the neighbors.

01:34:35,000	Okay. Yeah. The first 5000 trees are actually all butted up to the existing tree rows, both on the north, west, south. And this goes into our the rest of our 80 acres. Um, north, east and south. Okay. Any additional questions for Mallory? Thank you. Seeing none. Thank you.

01:34:55,600	If anyone else would like to speak in this public hearing on the subdivision and zoning change, uh, you know, the rules. Hi. My name is Amber Lauren, and I’m actually the neighbor directly to the north of them. Um, I was not approached. I have not met them.

01:35:17,470	Um, we’ve kind of just heard the rumors that the school is going to be built. Um, at one time, we heard a wild rumor about exotic animals. Um, so we don’t chase down every rumor. So a rumor of a school being built in a rural area.

01:35:33,330	I wasn’t going to go past their gated road to meet them and ask, but, um, I just want to rebut what she’s saying. My front window is staring directly at this building site. There are scattered trees. There is not a tree row. I’ve been watching them dig the foundation. Middle of the day. This is what I’m seeing in my rural life. I moved out there in 2013. I’ve got three kids.

01:35:54,830	We enjoy our quietness. Our kids just want to play in the pool, jump on the trampoline. We don’t want to be worried about other kids coming on our property. I don’t want to look out my window and stare at kids. I don’t want to stare at that building. It is an eyesore.

01:36:10,370	I obviously I don’t have a lot to add from what Heidi and John have added. I agree, no one’s going to want to ever buy my house with that school there. That’s really not up for debate. Our roads are. They’re not good. She can’t promise people our carpooling.

01:36:26,600	So let’s just say there could be up to 30 people driving back and forth daily. You can’t ever promise that. Those are my concerns. I don’t like the liability with my property touching it because things happen. My dog sometimes gets out, people’s cows get out. People’s cows have been in my yard.

01:36:45,600	There is a lot of liability for all this existing owners, and that’s not something we moved out there for. I did not move out there to be by a school. I have three young kids. I wouldn’t have bought that house with the school there. Knowing that with my children, this isn’t what rural life is.

01:37:04,800	Uh, any questions for Amber? Seeing none. Thank you. If anyone else would like to speak in this public, in this public hearing of the Claudy subdivision and zoning change, please approach the lectern. Let us know who you are, where are you from, and sign in.

01:37:24,530	Anyone else like to speak? And this will be the last call for this public hearing. Okay. Uh, any of the commissioners see any reason that we should not close this hearing? Okay. Seeing none. Uh, this public hearing is closed. We’ll move into discussion and action on the closed subdivision and zoning change. I’ll move. We approve as presented and send it to the Burleigh County Commission.

01:37:52,830	Is there a second? Okay. The motion dies due to lack of second. Is there any discussion or action that we would like to take on the Claudy subdivision and zoning change? Yes.

01:38:16,870	I guess I as we were all listening to what everybody had to say, I was thinking of the landfill and how people chose to move out to the landfill area after the landfill was already there. And so that’s a completely different thing than having already established your rural way of life. And then something like this comes up that does change your way of life. It does change your property values.

01:38:36,030	I don’t know if I’m the only one here that has 40 or more acres, but I would not want to live next to this school either.

01:38:49,930	And for that reason I would move to deny the final plat and or the zoning change with the reason of well, I wouldn’t want to live beside it. I think it will devalue property, and I do think it changes the way of life of the neighbors, and that’s not what they bargained for. So you’re moving your motion is to., uh. Deny the final. Plat tonight. Final plat and zoning change.

01:39:09,630	Is there a second? Second? Okay. Has been moved and seconded to deny the subdivision approval of the final plat and the zoning change. Is there a discussion on the motion? Yes. Commissioner Connelly. We’re in a real crux. Government’s going to get more expensive as we get less community focused and.

01:39:39,530	The history of schools and small areas. I mean, it used to be even back in the 70s and 80s, there were a lot more people per square mile on a section of land than there is now. As farms get bigger, there’s less and less people. And as those people move into communities, the cost of government keeps going up.

01:39:59,130	We don’t have a lot of providers. People don’t talk to their neighbors. They even we had an informal question on a police study years ago when they were trying to reinstitute the neighborhood watches, and it basically a lot of the neighbors came back and said, we just don’t want to be neighborly.

01:40:14,970	The minute that starts happening, the cost of government goes up and we become less neighborly. Everywhere, including in the rural areas. So when you talk walkable schools, there’s some significant studies out there, like very in the early parts of the 1800s, early 1900s and small communities, those schools, that’s where you got that closeness and that importance.

01:40:46,670	And those are some of the things that we’re losing. So do we continue to say, well, we don’t want these things here. It sounds like a nice idea, and push it in area and disconnect. Or do we reverse that and gain back some of those losses? It’s really hard to find.

01:41:08,800	I mean, um, the state in 2023 legislative session, I believe we were supposed to have one psychologist for every 500 students. The state increased it to one psychologist for every 300 students. Just in Bismarck Public Schools alone. That was two and a half FTE. That was a $2 million increase. But everybody wants less taxes.

01:41:31,130	So we’re going to have to make a decision. Do we start taking care of people that are close to living close to us, respecting the property rights, respecting, um, some of that, or is it just we want to put a circle around the ten acres we’re on or the 40 acres and that and let us get further

01:41:50,430	disconnected. So. Um, we’re paying a price right now, and that’s part of the reasons for these discussions. Um, seeing the impacts. It used to be Denver Airport. There was nobody around there. And now, because they wanted it outside, now it’s all homes.

01:42:15,500	I was in Helena last week for a graduation. 364 people. There was deer all over town, right in town. Um, my brothers and beech. There’s deer all over town. And that’s a bigger footprint than what the school would be.

01:42:41,170	So, um, I’m going to side with the, um, other I’m going to say no to it just because, um, we got to take a swing and getting closer together and taking care of one another. We’re in trouble. Any further discussion on the motion? Oh, yeah. Commissioner Munson. Property rights is, uh. Is a tough. Conversation all the way around. Um.

01:42:58,200	I want to be able to do what I want to do on my property, and I think everybody should have that same. Right. Uh, we’re listening to both sides of it here. Each one wants to do what’s what’s best for them on their property. And it’s tough to sit here in this situation and make those decisions.

01:43:19,670	Um, to answer some of the conversations that happened out here, the reason the school is not really on the discussion is because school by right is allowed in a residential zone. So, so for planning and zoning to put out the notice that this was because of a school that’s not their job, they are telling you that it’s going to change to residential.

01:43:43,170	What that land is used for is the property owners response. Right. On the flip side, I would love to run in my 40 acres and shoot my gun and do whatever I want to do on my land as well. So this is a not an easy situation. It’s a tough conversation.

01:44:03,800	Um, and I honestly don’t know which way I’m going to vote yet. That’s true. Yes. Commissioner Bitner. Copy that. I just. You know, I’m I’m. Really tormented here. because first off. I bought my place with 39 years ago, and there was no other houses. There was a farm across the road, and it was crop everywhere around me.

01:44:28,900	And we lived within a mile and a half of the school. It actually mattered to us that there was a school there. We, um, our kids went to those to that rural school. And so, you know, I, I have a real problem with, with agreeing that my property value is somehow diminished because of a school.

01:44:53,030	I just I pay for that school in my, in my property taxes, you know, because it’s a, it’s App Creek School district and it’s one of the higher cost school districts around. And and I don’t mind that.

01:45:14,500	So with regard to shooting and and wildlife and the wildlife, you know, disappearing in the time that I’ve lived in my place. First off, I’ve allowed anybody that asked me if they can hunt to come and hunt, and especially if you’re a bow hunting turkey hunter, I, I, I can’t get enough of these turkey hunters. Um, because now there’s houses all around. All around me.

01:45:37,830	And the the wildlife doesn’t care at all. I’ve got. I’ve got deer hanging on the wall in my garage that were really nice. Deer that came from right there. And with the exception of the epizootic hemorrhagic fever or the bluetongue, um, those deer would still be there in in great numbers.

01:46:02,400	And so I, you know, I’m really struggling because I understand the, the notion, but the property values in my area are only going through the roof. I mean, it has, um, you know, the value of land is getting so high that I just can’t imagine, uh, um, a project like this having a negative impact.

01:46:28,100	I’m just sorry. I just can’t, you know, but I’m really tormented, and. And like you said, I just don’t know how I want to vote on this one. Good points. Uh, any further discussion, Commissioner Connelly? Well, and I appreciate that. I mean, we’ve made we’ve done a lot of work on this.

01:46:50,500	ETA and with the expansion to the 4%, the 5%, as people add buildings and some of these are rural properties, they’re adding very large horse arenas. They’re adding very large, bigger than the square footage of the school by a long shot. And, um, uh, arguably some of these places are very nice.

01:47:13,470	And that, um, so the fact that you can construct something with a small footprint that also looks nice, that builds in, blends in, uh, is perceivable. But the more of those buildings now, with the deregulation of most of the ETA and the representation with, um, our regulation with representation, the more of that stuff that gets put in place.

01:47:35,330	We’ve, we had that hard discussion before. It was, well, we rely on state law and there will be forced annexations based on plumbing code and all this. We’ve got rid of that conversation. There’s no more forced annexations between the relationship with Bismarck. Burleigh.

01:47:54,530	I mean, those conversations can come up again, but have fun to those people if they want to have it and that. But since there’s not, the only way you’re coming into the city is through request. So if people want to stay in the county, they can stay in the county. But if you really want that rural feel it, feel it might not be buying 40 acres.

01:48:10,100	You might have to buy 100 just so you can kind of control the parameters. But it’s getting expensive to buy it. And if somebody else has the flexibility to come in there, everything’s in flux. Um, yeah. It comes in front of us to vet because you don’t want a somebody coming in with a feedlot.

01:48:32,400	I’ve seen those discussions. You don’t want somebody coming in with and chemical factory. I mean, it’s going to change. It’s uncomfortable. But the benefits of school and we’re talking really young kids. I mean, we have a lot of challenges with.

01:48:53,370	I think there’s a couple of hundred that are unhoused kids that are bouncing from place to place in Bismarck. If we can catch them young and they can grow up whole, that’s a good thing. Any further discussion on the motion? Um, yeah. Uh, I’m going to go to Commissioner Risch here. He hasn’t spoken yet, and we’ll get back on here.

01:49:08,370	Like I mentioned, we have a farm and ranch. My wife and I. And when we bought it in 1997, there was several other farmsteads. But now all of a sudden, homes are starting to pop up and a housing development, and I I’m not crazy about it.

01:49:25,730	I like rural, I’d rather have, you know, just a bunch of ag land around me. But that’s not reality. It’s not my land on my land. It’s not going to happen. But the land adjacent to me, it happens. It’s close to town and it’s just going to happen.

01:49:40,730	The idea that you could buy 40 acres, 60 acres, 80 acres, whatever. And oh, I bought it and it was surrounded by pasture. And your expectation that it’ll always be surrounded by pasture perpetually. That’s not realistic. That’s not what’s happening surrounding the Bismarck area.

01:50:00,100	The one thing I like about the school is, uh, we’re really having issues with habitat for wildlife, and the idea that they’re going to have a ten acre wildflower patch, they’re going to plant thousands of trees and teach young people about the environment. That seems like a real beneficial, positive impact on our county.

01:50:19,130	It just seems like it’s no downside to teaching 3 to 7 year old kids about the environment and the importance of wildlife and planting trees and things of that nature. So that’s a really positive impact. And that’s that’s why I think something we should should approve. So that’s where I’m at. Commissioner Streifel, did you have something or Commissioner Jarratt. Yeah.

01:50:37,870	So without rambling very much, but I’ll just tell you where my, my feeling is, is I think it’s a great idea. I’ve been on both sides through this whole conversation tonight, but to me, the burden I’m. I’m all people’s property rights, not just one.

01:50:56,570	So to me, if I want, if I own 40 acres and I want to change the use of that, I should be the one that takes the positive approach and works it out with my neighbors so that we still, whenever it happens, we’re still a community. We still agree.

01:51:14,670	I still present to you what I want to do and try to get you to understand, instead of through the government saying, you can do that. So that’s where I’m coming at it. I’m not convinced that it has been done. And so that’s why I’m probably leaning toward no. So for what it’s worth. And Commissioner Streifel, did you have.

01:51:33,530	Uh, Mister Chair, I was going to ask Commissioner Connolly if he had driven out to the area, because this is not close to town. This isn’t anywhere near close to town. This is miles out, basically in the middle of nowhere.

01:51:49,930	I think if we’d all be looking at this different if this was a ten acre spot closer to town, where the gravel roads aren’t going to be kicking up a lot of dust, and where you’re not going to have 30 some cars on a actually, not just once a day, but twice a day, um, where you’re going to have people concerned about, um, liability

01:52:04,870	and just a number of different things. I think it would be a whole different deal if it was closer to town. And it was on 40 acres closer to town, or ten acres closer to town.

01:52:20,970	You fence off your one acre and and you actually buy the land with this in mind, and you have the approval going into it, rather than moving into an area and trying to change the area, because it’s what works for you. And Commissioner Bitner, did you have something? Yeah, yeah. I’m just more of a more of a philosophical question than anything.

01:52:41,200	Would we be having this conversation if nobody ever mentioned a school? Since a school is a is an okay thing, if they would have just kept their mouth shut and said, well, I want to do this zoning change. Would. Do. Um, I’m just curious. I Right? Right.

01:53:00,930	And it’s in, I guess, like you, uh, alluded to, uh, I think it was Commissioner Risch. Is that is that if you if people are coming to us for changes in land use, they don’t necessarily have to tell us what they are doing with it.

01:53:15,030	So, um, that’s that’s exactly what your point is, is that they come to us and say, I don’t want to take that. I to change this. Yeah. Um, you know, I own just a little bit of land. Um, and it’s my understanding, because this is owned ag that, uh, my daughter is a veterinarian, and I understand I could put a veterinarian clinic there. Mm.

01:53:33,530	I guess I wouldn’t have to ask anybody. I just this is not an easy one for me. You know. You know, I, I was going to say, just in addition to that, I do I do always appreciate to kind of have that understanding of what people are doing.

01:53:50,070	But they there’s a there’s no requirement to tell us what you’re going to do, that we’re only asking for. I want to change my zoning or I want to plat. That’s all that we consider. So Commissioner Connelly. Um, Commissioner Streifel, it’s a fair question. Um, this is a very busy last month with the election.

01:54:10,270	I didn’t get out to where I drove it. I’ve driven in that area before. Um, but to look at it in this lens, I would say the only way I’d have that opportunity is, um, if motions were either rescinded and we table it for a month. So everybody has that opportunity to look through it, because the landscape is always changing.

01:54:29,000	It might be different than it was ten years ago. So. Yeah. Yeah. Commissioner Bitner. Yeah. Thank you on that. That that would kind of address a little bit of my concerns because I was making some notes. You know, they talk about a bad blind spot and, and dangerous conditions and. Well, the road isn’t very good.

01:54:44,900	And I’m thinking we’re highly committed to improving our our county roads here. And, and as I was looking at Casey over here, um, so you folks know, you know, the highway department’s here, and they’re hearing the same thing with the concerns.

01:55:02,400	So I wouldn’t mind having the opportunity to at least take a look at the roads and and judge for myself. What’s the condition? Because there again, when I moved into my property 39 years ago, it was a gravel road. And we complained because the traffic kept increasing and increasing and increasing. I could wash my truck and park it on the driveway.

01:55:20,370	It didn’t even drive it and get dirty. Right. And eventually the county came along and paved the road because of the amount of traffic. And they improved it and the whole thing and things changed over time. But stopping the development north of me, like when this development went in north of me, I purchased lots in that development.

01:55:42,300	I bought four of the lots just to keep people further away from me. I was putting my money where my mouth was and so I. I have a hard time with stopping somebody else’s development of their project.

01:55:59,900	Um, because of me, you know, I mean, I, I bought what I could and that was all I could do. And I was like, okay, you know, it’s your your land. I just, I would like, you know, my preference would be to table it because I really would want to see and discuss the roads with the county highway department. At this point.

01:56:14,170	So any further discussion on the motion? Any further discussion? Seeing none, we will move into a vote only for the reason that I don’t believe once we have closed our public hearing, we cannot table. Uh, we do need to take action. Uh, so I’ll call for a roll call.

01:56:32,070	Vote. So, um, Jacob, if you could take us through your roll call, vote, the, uh, I guess to restate the motion, it is to recommend denial to the county commission of the cloud, a subdivision and zoning change.

01:56:50,670	So a yes vote means that you want to not recommend or recommend a do Not pass and a yes vote means you want to recommend a or. Excuse me, a yes vote means recommend. Do not pass a no vote means recommend. Do pass. Mr. Chair. So so a denial doesn’t go to the commission, correct. A denial stops here.

01:57:11,830	It can be appealed. Okay. It can be appealed to the county commission. That’s the. Way. It is in the city side. That’s correct. Yes. Okay. If you could take us to a roll call, vote. Jacob Ryan, Bitner. I’m going to pass.

01:57:36,230	No, I want an opportunity to look at it more. Um, I’m not comfortable with saying yes or no, but in this case, I’ll say no for the sake of discussion. Wayne Munson. No. Mike Connelly, no John Risch. No. AlvieJarratt. Yes. Bea Streifel. Yes. Dennis Agnew. Yes. All right. This, uh, the subdivision and zoning change will go to the Berlin County Commission with a due pass.

01:58:12,200	Or do. Excuse me. Oh, no. Wait, wait. It it’s. It’s denied. It’s okay. Excuse me, excuse me. It will. It is denied and can be appealed to the Burleigh County Commission. No, it’s. Her vote. Was her motion was. To deny. 43432432. Not not. My motion failed. So it moves to the county commission with a do pass recommendation. No.

01:58:42,000	No, no. , we. Our motion was to deny. It. Right. But but it failed. Yeah. We go back to square one. Right? Right. We’re talking. Yeah. It’s discussion. Yeah. Yeah okay. So so the kind of clear. Yes. Clarify if you could motion definitely failed but.

01:59:02,400	Yeah correct me if I’m wrong Mitch and that if we move to table, it’s not opening up the public hearing, but because of Senate Bill 2180, they can come back a month from now and they’ll still have the opportunity to talk because of your public comment policy. And then we go through and discuss again. Correct. So yes, I’ll clarify.

01:59:25,900	Motion to motion failed, I guess I we need clarification on what is what’s the next step for the petitioners. Mr. chair, you would need a new motion. Either table it or approve it. Okay. Either a motion to table for a month. Second. Second. Third, fourth. It has been, uh, moved to table uh, for a month. And, uh, seconded.

01:59:48,500	Uh, motion by Commissioner Connelly, seconded by Commissioner Munson. Um, my question is, are we still allowed to do that? I thought coming out of hearing we had to take we had to take action. We could not table. Okay, I’m wrong in that, but. Yes, Commissioner.

02:00:11,330	Um, could we possibly approve or move it to the county commission without recommendation? I’ll let the county commission decided. Thanks. I. I, I don’t I mean, I that’s that’s maybe what we, we maybe could do that I don’t know why would. A relative deadlock. It was going to the county commission for final decision anyway. Um, maybe it makes sense just to send it to the county commission without recommendation. Yeah.

02:00:32,100	I guess it does. Yeah. You’re right. Good point. I’m in favor of the table. Okay. So does when, uh, moved to table by Commissioner Connelly, seconded by Commissioner Munson. Is there a discussion on the motion? Yeah, just for clarification.

02:00:49,830	You know, I want to I want to be able to discuss this with the highway department and whatnot. I, I. You know, if there’s a road problem and if there’s things that need to be addressed, then we certainly need to look at that before we do anything else. So thanks. Okay.

02:01:12,070	Any further discussion? Uh, seeing none, uh, we’ll move to a vote on tabling the the cloud subdivision and zoning change to the July meeting. If you could take us through a roll call vote. Jacob. Brian Bitner. Yes. Wayne munson. Yes. Mike Connelly. Yes. John Risch. Yes. Alvie. Jarratt. Yes. Bea Streifel. Yes. Dennis. Agnew. Yes. Okay. The cloud subdivision is tabled.

02:01:43,730	The subdivision and zoning change is table the to the July meeting. That is our final public hearing of the evening and next things on our agenda are the zoning. All the zoning ordinance changes. We only have we only have ten of them tonight. So you. know better than usual. And nobody wants to stick around for the zoning ordinances. Oh, man.

02:02:23,770	This is this is the good part. Oh. Okay. Second. Second the same. Yeah. Great. Okay, we can let’s see. I guess we’re starting with, um. Let’s see. What did we have here was the definitions and definitions of ordinance summary. I believe now these were the ones that we talked about last.

02:03:00,470	These are the changes that we recommended in the last, uh, last meeting. Uh, Mister, Mister changes. Other than that. Since February. Oh. In the. Working on this since February. So this was these were all the changes over the last months and they cleaned up from last month’s meeting, right, to try to get to a public hearing.

02:03:27,130	Uh, the first staff report, uh, exhibit 711 is for buffer yards and, uh, strip of land definition to find and where they’re required and all that exterior stuff that we’re discussed at last meeting. Yep. And so all the, everything highlighted are, are the changes that we wanted on the last meeting. Yes. That’s just the okay. Yep. Letting child care.

02:03:45,830	No no different changes. Yeah. Yeah I’m. Sure we just on the first this. Uh yeah. Yeah. The definitions. Yeah I’m on page three and I want to make a comment about something on. Page three. Yeah, two. Page three. Yeah. Same article. Okay. Under personal storage unit. Okay.

02:04:03,430	Um, it says the uses and the and the whole thing are private recreation and not open to the public, but personal storage units are intended for use by residents of an adjacent neighborhood. Isn’t that the public. Uh, neighborhood? Meaning another subdivision, even a sub? It really they should be adjacent to a subdivision. Yeah, but, um.

02:04:31,170	Not all needs to be reworded. Because they’re they’re zoned for residential only. Okay, so that’s like in my backyard if I have one or what are we. That’s not a rental thing. What are, uh. I’m not quite. These are privately owned. Um, units, and they’re it’s designed to be zoned only for residential use.

02:04:56,470	It’s not for commercial use or industrial use or anything like that. It’s for private residential ownership that for their storage, they can turn them into man caves if they want, but they can’t. They can’t open the doors for business. These are these are the these are the shop condos. Yes. Okay. They can’t live in them though.

02:05:17,270	Okay? They’re not for real for its, uh, permanent residents. No, I’m not, I’m just confused. Yeah. The subdivision, I don’t know. What that. Hell. No. No, it needs. To say that. the residents of that neighborhood are the owners of the storage unit. Right? I don’t. Think that’s what it’s saying.

02:05:38,670	Right? Like, say, if you bought it, if you owned a lot in a subdivision and you decided, well, I was going to build a house, but I’m not now, and I’m going to put some storage things there for the neighbors to use. Is that what we’re talking about? Requires a special use permit, but it’s zoned in residential.

02:06:00,400	The the idea is these are not for commercial or industrial use. As a shop condo. That’s what we’re trying to avoid. But it is for the public that lives in the neighborhood can like, rent it. And. Yeah, exactly. That’s what it’s designed for. Yeah. Or and it’s not just that one subdivision. It’s kind of like.

02:06:22,770	Neighboring a neighbor, an adjacent neighboring one. If you were renting it, though. If you were renting it out, isn’t that commercial? Then this says noncommercial building. But wouldn’t rental be a commercial use? Well, you’re not the only. It’s strictly residential. It has to be zoned residential.

02:06:43,070	Okay? It cannot be used for anything associated with a shop condo in a commercial area or an industrial area. Gotcha. But and it does say owned. So it can’t be the rental thing. Be very similar.

02:07:02,870	If the ranch if the storage unit area just south of the ranch was just for the ranch, it wasn’t commercial use, it was just for the residents of the ranch. Mr. chairman, yes, yes. I’m just wondering how we could possibly enforce that. Let’s say I built these storage units next to these property or this housing development or whatever. Yeah.

02:07:20,570	And then I’ve got one vacant somebody a little ways down the road says, hey, uh, can I rent one from you? I don’t know. It’s gonna be. Well, I mean, it doesn’t say you can’t rent it, Mr. Chair. Sorry. It doesn’t say used by an individual or a household for personal storage. It’s designed for very strict use.

02:07:40,900	Gotcha. So you couldn’t rent it out to someone else? I would say that you could. I would, yeah, because it’s. I mean, if you want to rent it out to somebody who wants to turn it into a man cave.

02:07:56,270	I guess that’s where I kind of run into the question of that open and open to the public, because it is. I mean, it has to be open to the. Rented to someone from a two counties away, you know, I mean, how would you how would you ever know? Right. Mr.

02:08:13,370	chair, I think that’d be awfully hard to enforce to figure out. Oh, you’re renting this. How do we know they’re even renting it? It’s. I mean, they are privately owned, right? Okay. And they are. They are restricted to this description only. Gotcha. Not habitual or habitable, noncommercial building, user owned or used by an individual or household for personal storage.

02:08:35,770	I think on some of this, because we’ve talked about it before, having something in place, but kind of general because a lot of times it’s not so much identifying what it is. But you definitely know when it’s wrong. And then all of a sudden it ends up back in these conversations.

02:08:54,970	And then we adjust the ordinance from there. I got one that I have to talk to the city about, to where two people decided to build something in a shop that’s not supposed to be there. As an example. Okay.

02:09:13,200	So, uh, do we want to change any of the wording on that one on the personal storage unit or leave it as is? Well, I just think we can we could kind of cross out that and not open to the public because it is open to the public. If it’s residents of a of an adjacent neighborhood. Mhm. Okay. So I think it’s just unnecessary language.

02:09:33,570	So just take that and not open to the public right out straight. Back because I think we understand it’s clear it’s for personal storage. It’s not for. Yeah I. And it says noncommercial already. Yeah. It’s just Mister Chair.

02:09:52,600	It’s the only intention of that was to keep it away from public transactions open to public for sales, for transactions, for commercial use. Is that that was the intention. But I think it’s addressed with the noncommercial. Okay. And we’ve already called out, um, you know what? It can be used for. You know, we’re calling out some things, but Commissioner Risch. Yeah.

02:10:10,730	Well, my only my only concern to, let’s say somebody builds 40 of these and as a housing development of 60 houses and he’s only able to rent out 38 or 39. And his brother in law, who lives five miles away, says, hey, I’d like to rent one. We’d be prohibiting that. No. No, no, no. It says. As long as your.

02:10:28,830	Brother of an adjacent neighborhood, it. says split. I mean, it just seemed to me. Jason can be a broad term, too. Okay. Jason could be South Dakota. Well. Okay. Uh, are we good with all the other pieces? Uh, the highlighted pieces in here? Okay. I think we can move on to 7.1.2. And that is, uh, the.

02:11:00,400	Let’s see, incidental uses. Okay, Mr. Chair? Yeah. The, um, we cleaned up what was talked about last time. We are increasing the, uh, allowance per acreage, um, of increasing from 4 to 5%, up to five acres. After five acres, it changes to four 4%. I think that’s, uh, a good change.

02:11:28,300	I believe we kind of beat that one plenty in the previous meeting. And I like the way it, uh, is, uh, called out in here. We’ve got the but not limited to on page five.

02:11:51,630	That is in and then we’ve got the minor home occupations that did we change that whole thing or was that a numbering? Uh, we reduced it to one employee. The sign is one square foot. Um, the it’s allowed by use in residential zones. Um, the major occupancy, major home occupancy is allowed only by special use permit. Okay. Gotcha. So the minor is by right. Major is special use. Okay.

02:12:23,100	And did we so on number was it number ten on page eight I know there was uh some we we discussed that that’s the CDL uh, piece. Are we all happy with that? The way that it’s written.

02:13:00,000	Because the on the minor home occupation, also there is a the minor home occupation was no vehicles associated with the home occupation which require a CDL to operate may park overnight and on the major. It was. We were taking. That I thought we took. That out. Did we take that one out of minor or did we take that? We took. The CDL side out, period. Yeah, oh, the minor end, major.

02:13:19,330	Was it. Yep. And it was so nine. Okay. On page seven nine a that one we want to strike line A or the whole little subsection a. And that would say okay. In minor, minor, uh, home occupations that you see would be able to actually park overnight, um, a CDL. Yep. Yep.

02:13:50,900	Okay. So nine a on page seven, strike that a subsection or subsection A. Yep. Dealing with the needles. And then on major let’s. See number ten. That’s number ten. Do we change ten or strike that. Strike. That was strike right. I mean it allows it allows a CDL commercial truck. Just you can’t have more than one.

02:14:22,170	So that allows one, but not more than one. Are we okay with that or do we want to up that or just not have any regulations? Oh, Commissioner Risch inconsistent. If we were going to only allow one in major and no limit on how many they have in minor, right. Okay. I thought. We struck.

02:14:43,030	So then just take. Yeah I don’t see a need for it. Take number ten out on page eight. Okay. It’s been it’s been a month ago since I tend to forget some things. Yeah.

02:15:07,830	I mean, I think I understand the intent, you know, is to stop having a whole bunch of trucks parked there, but people don’t do that in residential areas. You know. If it’s in a major, if by. Special use anyway. Yeah. Right now. Yeah. They mister chair, there are plenty of semi trucks in residential properties right now. Absolutely. Yeah.

02:15:32,300	Nobody individual individual semi or something that like I was saying at the last meeting, I have a neighbor that does that. He parks a semi there and it doesn’t bother anybody. Yeah I mean it’s we don’t have we don’t hear when we do hear complaints we ask and then you don’t hear them anymore. You don’t hear about them anymore. Okay. Oh yeah. Casey you had something or just. Quick. Just one. Uh, hey. Creek Township this week on.

02:15:50,270	76th Avenue. There’s a gentleman parking his trailer actually, in the middle of the road, and he’s leaves it overnight. He’s done that frequently, but he moves it every 24 hours. But it could be a traffic hazard. Uh, the sheriff has been notified. You know, they can only tag it if it’s moved within 24 hours.

02:16:08,530	It’s legal going from there. So that’s one of the parts that is just thought about on there and how you would like to address it. That’s a trailer. Yep. Yeah. He’s been going up with his semi. Then he drops the trailer, moves his semi, leaves it overnight.

02:16:25,700	Re parks it hooks up, then takes off in the morning or after after he’s had his required downtime. That’s on the street. Yep. And it’s it hasn’t been on the edge of the street. It’s been right in the middle. They’ve provided us photos a few times. Well this this is talking about a home occupation. Yeah. That one’s the house.

02:16:45,300	Your land, you know. Yeah. I, the one I was talking about is the one you’re talking about before on nine a. Yeah. Yeah. Okay. Yeah. Commissioner Streifel you had something on on number seven on page eight, right? Yeah. About the 11 p.m.. Is that was that from the city.? Where is this? Uh, number seven under minor.

02:17:06,670	It’s also under major. The 11 p.m.. Hours to do business. Uh, major is. Uh, number seven on page six. Might. Page eight. It or. No. Yeah, I was. I wanted to minor. Actually, I did want to bring that up. Those are those are pretty late hours. I was thinking six isn’t early. Enough, but. Well. It’s so good.

02:17:33,870	I know. Oh, yeah. I’d rather early. But 6 to 8. I mean, definitely change it to nine if you want or. Change that to it. So that’s on page six. Number seven right. Yeah. On major also. Yeah they’re both six 7 to. 11 okay. So page six number seven we change that to 9 p.m..

02:17:57,330	And on page where’s it at in major. Here it page 88989800. There we go. Page eight number nine subsection eight. Change that to 7 a.m. to 9 p.m.. Uh, page. Eight. Page eight. Number nine, subsection eight. 8 to 9. I like those hours. Yeah. What? I go to sleep pretty close after 9:00. I’m done for the day.

02:18:33,100	Okay. Uh, anything else on page on minor or major that we would like to change? Okay, so all the changes on those are on minor. It’s number number seven under minor, we change that to 9 p.m.

02:19:08,900	on number nine, subsection A and minor we struck subsection A in major home occupation number nine, subsection A. We change that hours to 9 p.m. from 11 p.m.. And in major home occupations, um, number ten, we struck that whole number ten, section number ten. Okay, Okay, then. Oh, yeah. On page 11. Now. And now. Okay. Um, child care.

02:19:34,800	So we can if we’re done with that one, then we can move into child care centers. That would be page nine. Okay. Yep. Okay. That’s child care centers. Because then there’s you got to do the same sort of things that you were just talking about. Yep. Yeah. For. Page ten nine a same thing. Yep. Yep. Okay. So it’s on page ten.

02:19:59,070	So under child care centers and or excuse me, major home occupations on page ten. Number nine, subsection a change that 11 p.m. to 9 p.m.. Jacob, you getting all this? I’m writing it down. Yeah. And chickens, like, I don’t know. I don’t know what you’re talking about. Oh, okay. Then top of page 11 at number ten.

02:20:33,230	Oh, yes. Yep. So yep. And did we. Okay. Yep. So page 11 scratch page 11. Way on top. Section ten. Scratch that. That would match what we did before.. Okay. And then continuing on down the page in section 30 you got a number three. And number nine appear to be identical.

02:20:59,970	One or the other of them we should remove and renumber. Yeah okay. I was. Too busy. Is there. There they are identical aren’t they. Which ones. What are they now? Three and nine. Number nine on page 11. Mr. chair, I would recommend removing nine. Remove nine. Okay. Let’s scratch nine out. Of there. That way.

02:21:22,330	Let’s let’s renumber. Yes, Commissioner. Chairman, I’ve got a question up above. Um, number 12. No adult entertainment center, adult bookstore in North Dakota as compassion center to dispense or produce medical marijuana. I mean, I don’t take I don’t do marijuana, but why do we want to exclude something that’s legal? Um, from strictly regulated the medical marijuana and.

02:21:49,030	Mostly guys that we’re talking home business. Right. This is this is in major, major home occupation. Oh, major. Okay, okay. Yeah. We don’t want that in a home occupation. Okay. Okay, okay. I got you. I think it’s appropriate. It’s better in city industrial. Yep. Sure, sure. Better down right.

02:22:10,430	Okay, so we are on. Okay. That that finishes that out. That is, uh, and then the personal storage units, we went through that one scratch number nine. Um. And what is so what is section 31. It says communication tower, but there’s nothing under it. Um, we don’t. Yeah.

02:22:35,700	And I, I, I apologize it did not have time to put together anything in this packet for this communication tower. Cellular cellular towers, communication towers. Yep. The for radio, uh, transmitting information by a large tower. Yeah. Uh, I didn’t have time to enter that. And we have nothing in our ordinance for that. And it should require a special use permit.

02:22:56,370	Okay. Public hearing. I think there’s only some regulation within within some of the other regulations, like with, uh, in accordance with or in association with, like, say, a wind farm or something like that, but nothing on its own, right? Nothing as far as a communication tower.

02:23:11,300	Yeah. And so it’s I. Okay. I was not able to get this into the packet in time, but, um. Can it just be listed as per special use permit as a place setter, and we can work on that as a separate. Yeah, I can forward. Yeah. We’re not holding up the whole thing.

02:23:28,300	And there’s. Yeah, I yeah Mister chair, I would, I would say just leave it as it is and to be defined at the next meeting during the public hearing. Um, it’s not, not a whole lot of information that I can enter into it because they’re, they’re basically just large towering structures, elevated structures that are, you know.

02:23:48,630	And and then, um, I guess just for, just for my thought is that on a communication tower, I assume that’s going to be on agricultural, agricultural land only or AG or commercial, or. They put them anywhere they need to put them. Okay.

02:24:11,100	There’s a call for them to down on, uh, 12th Street, South 12th Street, there was a call for. Yep. Um, so, yeah, that’s, uh. Yeah. He you can’t see them on the country, but you also see them right next to a residential area too. Yeah. Right. Okay. Schedule areas are. Yeah. Okay. That’s just a question, but, uh, it’s it’s not on here, so we won’t discuss it at all.

02:24:28,330	I’m sure it’ll come up for the next meeting. Commissioner Streifel, what you. Got on page 11? Just a quick question. Number five on page 11, where it says a landscaped buffer shall be planted, shall be planted.

02:24:48,830	Um, what is like what if they can’t plant something in the area? Does that does that mean they can’t do a fence instead or. These are personal storage units. Again they’re zoned for residential. And so you do you. I mean this is definitely a good place for a buffer zone. But I think I think what you’re asking about is that does it does the buffer have to be planted.

02:25:11,400	Could it just be, uh, a visual privacy fence? Depends on it. Depends on this board. Depends on the county board too, because they would determine if there is more intense use and more of an objection, or if, you know, there’s room, especially I’m thinking that for for two starters would be a solid fence right? Yeah.

02:25:30,570	Some plant it is going to take a few years. Yeah. Yeah I think maybe we should put installed or well something different than planted. In our, in our buffer. I’m just looking back at definitions on buffer. Okay. Uh, there did we call that out in there? I could just put a buffer strip.

02:25:52,200	A buffer zone would be required as part of the requirements of the personal storage unit. Mr. chairman. Rather than saying planted. Right. So quiet. But Mr.. Yeah. Yep. Mr. chairman, there you go. I mean, if you build these things and you plant the buffer zone, you’re not going to get the buffer zone immediately.

02:26:08,530	Yeah. So that gives them a little time to grow up I suspect. And when you submit your plans you have to have the buffer on your plan. You have that buffer in your plans. But what I’m saying is they’re going to be pretty small. For the first several years. In ten years.

02:26:25,030	Well, give the guy the opportunity to build it and put the plants in at the same time. And then, you know, be in compliance. There’s some bushes and trees. Our next our neighbors just to the west of us, they planted them three years ago. And they’re as high as the telephone poles right now.

02:26:42,170	Yeah, I think the I think some of the concern is that how fast is that going to take effect? Right. It’s, uh, okay, you can plan something, but if you’re looking for visual privacy right away. Yeah, I think I think Commissioner Streifel concern is we’re saying planted. That requires a tree.

02:27:00,870	Yeah, it really should just be required, because it could be a fence. Okay, so. We changed the wording to. Just remove landscaped and change planted to require. A buffer shall be. A buffer. A buffer zone is required where personal storage units are adjacent. Yep. And as part of the special use.

02:27:20,530	Back to that question already, that would be up to this board and up to the county board. If you want to plant trees, give us a list of what the trees you want to plant. Um, or, you know, definitely a fence solid fence is is for that’s minimal. Um.

02:27:35,530	Mr. Chairman, yeah. Well, most of those places are going to have a fence around it anyway for security, but it’ll take a while for the trees to grow up, depending on what they planted. Okay.

02:27:51,070	So number five, um, we’ll do the reworking on that on page 11. And then we are into ag district. And what do we got for changes here. It looks like these are the permitted uses. We added five permitted uses right. Commercial greenhouse portable storage containers uh accessory solar energy, temporary sales of certain items and minor home occupation. Those are the allowed uses in eg zoning.

02:28:19,270	Yeah, I know, um, portable storage containers. You said that was discussed last time. Yeah. And, um, Mister chair. Sorry. Um, that was discussed last time. And, um, you guys didn’t want to have the right kind of just basically did not want to have storage units on there. Or could the annex boxes. In, in AG.

02:28:41,270	Though, in AG in residential, because you’re saying it was we’re restricting agricultural then. Right. The we would we would that would be a permitted use portable storage containers on ag land. Right.

02:28:59,870	Because in basically in your ordinances, if you don’t have it in there or if there’s nothing similar, it could be described as part of that, then they’re not allowed. Right? That’s um, okay. So it’s going back to not trying to restrict agriculture. I would say we leave it in portable storage containers in AG. Yep. Yeah. I don’t have any problem with that. My concern was in residential neighborhood. They just don’t belong. Yeah.

02:29:23,300	But if you’re on a and. So my my next question, Mister chair, would you restrict that to. Not again I don’t want to restrict AG but are you saying how many storage units convex boxes per acre.

02:29:39,930	Yeah I know, I know, we talked about that last, uh, last meeting about, uh, like a density type of number. Do we want to put some sort of a density in there of that allowed use would be port of storage container at a certain density, or just say, portable storage containers. You want to have 95 of them. You sure can.

02:29:52,830	Do you want to say for private for personal use and so that you’re not renting them out for people to store stuff in? Or, I mean. That’s a good point. I mean, up for discussion. Definitely. 20 acres of storage containers and rent them out. Thanks for bringing. Good. To be, I could add for personal use only.

02:30:14,570	That makes sense. That would make sense then. It’s not a commercial business. But what if I turn them into a greenhouse? Then I is. No. I’m. Joking. Because that’s because that’s a. Yeah, exactly. That’s a bad. I’m growing exponentially. Growing mushrooms. Right. Yeah. Well some people love them and they have a bunch of them on their property.

02:30:37,170	So so we’re going to change the wording on that, uh, portable storage containers for personal use. Correct. Right. Okay. On number 16, that’s number 16 on page 13. You want to limit it to number per acres? No, no, just a portable storage. You can portable storage containers for personal use. Okay.

02:30:56,770	And then we move on to special uses. Uh, it looks like we added temporary sales of fireworks. That was the only special use that we added. Right? I think we’re good with that. And then in section five. Yeah, we move on to just our one, don’t we? Okay. That’s all for AGG. Yeah.

02:31:27,200	AGG zoning R-1 our changes. Were the, uh the chickens, chicken, hens and coops and let’s see, what did we change on that? It was it was did we changed? No, we didn’t change the number. The chickens. Of chickens. No. That’s what the ETA had. Right? Right. This is similar to what is in place now in the ETA. And so it’s. Yeah.

02:31:52,370	Okay. So we didn’t change anything on that or what. I know it’s highlighted, but so I was just wondering what changed in it. We added it because it. Was it’s new. Anything. It’s all this is all proposed. Yeah. Got it. Okay. But from the last meeting, we didn’t change anything.

02:32:08,300	Yeah, it was pulled from the city and added to the county because of the ETA impact. , so permitted uses. And then we added minor home occupations, family foster homes for adults, child care centers with a special use permit, portable storage containers, maximum one per five acres and accessory solar

02:32:29,300	energy and personal storage units allowed with special use permit. Right. So portable storage containers in our one maximum one per five acres that. Yeah that was I put that back into because they are there’s a lot of them that are out there right now.

02:32:53,200	And Max on Max or what is the what is the max and minimum acreage on R-1? Max, you can be well, I mean. Is it it’s pretty much ten. Yeah. 40 acre parcels that are eg I remember R-1, R-1. Yeah. Typically what we’re seeing is under ten, right. But that would be eight storage units typically. Well, and no ten acres would be two. Of acres. 40. You could do. Yeah. Eight.

02:33:17,700	Right. I mean. I mean, I think one for five is is good. Yeah. That’s exactly what Jim Small. Said last, like we talked about, it’s. Like just. If you hide. it.. Do you really know that complaint? Well, nobody complains and. Yeah. Okay. Uh, we’re good with the highlighted items on. Yep.

02:33:42,030	On that. Okay. Yeah. Moving down and that is it. So that’s it for R1 onto our two. Our twos are the, uh permitted uses. We added minor home occupation and child care center and major home occupations under special use. Good. There. Yep. Okay. That is all for our two very little.

02:34:14,430	And then R5 which is the manufactured homes. So no businesses shall be conducted in mobile home parks. Example was the home minor home occupations. And it looks like we’ve got some development standards here. Any issues still keeping those clotheslines in the rear yard? I’ve got a question. Mr.. Yes. It says, um, anchoring these, um. mobile home mobile homes.

02:34:47,130	How do we even do that in the city? Um, maybe. Commissioner Connelly no. Do they have to be anchored to the ground or mobile? Mobile home? Yeah. Oh, yeah. It has to be anchored. Yeah, they have to be better. Okay, okay. Yep. Being in Burleigh County have to be on a permanent foundation. Pierce. Okay.

02:35:04,470	In the city, they don’t. Yeah, I think they would. I mean, that’s sanitary code allows them on if they’re brand new. They’re required to be on a pier footing. We have mobile home parks where they’re not on. Right. They were grandfathered in.

02:35:24,800	So if you’re looking at colonial estates and those type of things, they still have the mobile undercarriage. But if you like a metals off of Hay Creek, those are on footers. Okay. Got it. Yeah. And then for the mobile home park, the the park requirements. We’re good with the numbers on that. As far as, um, square footage. Oh, on page 24. Oh yes.

02:35:48,300	Isn’t that a little odd to put a list of the park residences along with their addresses? I mean. Which. Page are you? So page 24, number one, under section seven. Under development standards, I don’t know. Is that common? I, um. I honestly couldn’t tell you. I would not want my name and address at the front entrance.

02:36:20,330	Just saying. That’s a good point. Yeah. A lot of violence going on out. There. I think. What what useful purpose is served by. Having not sure. Well, especially with the new management companies coming in.

02:36:42,270	It used to be that a lot of them, they own their trailer, but a lot of the personally owned, manufactured home parks allowed them to put up their own fences at their own expense. But now the new management companies are purchasing the properties, and it’s becoming a safety concern because they’re requiring that they rip them out within 30 days.

02:36:57,900	And if they don’t, then the owner of the property goes in and rips about whether they want it to or not. So they got people walking through their yards. There’s a lot of concerns. So do we want to strike number one under section seven? Number one on page 24? Yeah. Strike that. Yeah okay. Strike it. Keep more privacy. Okay.

02:37:22,800	I mean, no different than having a residential development and a sign at the front of the, you know. Yeah. Yeah. No. There would be more need for signs though. But the only. One square feet, so it isn’t going to matter. Yep. If you’re going. To be doesn’t live here. Okay. He does not live here. Oh okay. So we are on to the R5.

02:37:47,930	Ah let’s see. Wait a minute. Is this a double. Up. Or not. What’s that. Didn’t we just do R5 or. No. Section five. Ron, we’re. We’re on the mobile home R5. You’re. Yep. We just finished page 24. So 24. Okay. Yeah, we’re up to 24 now.

02:38:16,800	On to 25 here on the, uh, requirements for the actual mobile home parks. So it’s a six. It’s a six. Foot. Setback from the. from the side yard. Okay. Yeah. It gets back to fire codes of 1010 foot separation. I don’t see anything in there that’s. In some of these.

02:39:14,970	I think we adjusted at the city level a little bit because the parameters of new trailers and how they build them are different than the old builds. So we tried to accommodate, because if home parks would upgrade, so we don’t end up with trailers that look like 24th and 26th Street. So you had so you took the setback down or farther down or.

02:39:39,470	I think that’s where the I seem to recall that the six foot number kind of came in as kind of, um, to allow for some of that spacing difference to accommodate some of the newer construction trailers. Okay, I that was a long time ago, but I think that was part of the conversation.

02:40:03,970	All right, everybody good with, uh, the items on page 25, highlighted items. Anyway. Yeah. Okay. Moving on to it. Looks like page 27. Mr. Chairman. Yes. Um, on section 12, one, be no business shall be conducted. I thought we were going to allow some home occupation in the mobile home park. Um, now. Minor.

02:40:30,770	Nope. I think we actually called out. No, no. Minor home occupation. Okay. Right. No. Minor home occupant. What if a guy wants to be a gunsmith or a seamstress? Or did we. Page 24 a section for exception for no business was the, uh, minor home occupancy. 24, section four.

02:40:54,170	Right on page 24. No, no businesses. That means, for example, minor home occupations. Or is it. That 20? Um, page 24. Where is it. At section four. Close to the top. At the top? Yeah. So does that mean exception or. Exception? Oh that’s exception. Oh, I thought you meant I thought it was example.

02:41:17,130	So yeah, we probably should put exempt exemption. Minor home occupations. In mobile homes. Right. Okay. And to some degree if you’ve seen these 30 and 40 page lease agreements, um, the owners are defining that before it will ever get here. Okay. So yeah. Yeah they will still. Do it.

02:41:41,200	So Mitch, on page 24 under section four, number one, subsection A that says ex, um, please put um except for minor home occupants. Yeah. I, I read that as example of what you can’t have. Okay. I’ll put an X.. See here. Yeah. An exception or some, some sell some house. So it’s an exception. Yep.

02:42:11,130	But the reason I brought up page 27 seems to conflict with that section 24. If it says no business shall be conducted when we allow minor home occupations up front. On page 27, section 121. Point B. Be we’re going to allow it here. We should probably strike it there. We’re at except.

02:42:39,100	Or or do we just take or do we just take B out because it’s already called out earlier in the. Well, yeah. We take it out.. All right. So on on page 27, section 12, number one, subsection B just takes subsection B out because we’ve already called business use out earlier in that. Under section 12. Yep, yep. Under section 12. Just strike that subsection B under number one.

02:43:06,630	That says business use. Business uses no business shall be conducted. And to kind of give you an example on some of these leases, they’re not even allowing them to drink out of red plastic cups or I mean, it’s for. Yeah. Absolutely. No no toys. No toys in the yard. No, I mean they’re getting really strict. Oh.

02:43:30,770	I can’t put a. The, uh. Okay. So everything anything else on page 27 that needs to. Are we good with with the community storage buildings. With. Chat water. I think it calls out pretty much on the activities. I mean, no, no activities other than storage of vehicles or household goods by the residents.

02:43:54,700	So it’s not like you can rent it out. And on page 28, that’s our last portion of the ordinance for the manufactured homes. Okay. So the community storage buildings have to come here. Right? So no more than four in a so you can make just groups of four, right.

02:44:49,770	Is what I’m how I’m reading that you can make groups for as long as they’re 12ft apart. In um on page 28 letter C. Yeah. It’s saying four groups of four buildings at a time, and they have to be separated by 500ft or or that the group took to at four have to be separated 12, 12ft apart.

02:45:17,430	But the next group of four would be have to be 500ft away. Yep. Okay, okay, I get it. Good. If we’re good with that, then we can move on to the commercial district. Buffer yards again. We need to rearrange the language a little bit there.

02:45:42,000	It doesn’t make sense to me that we would have the buffer yard required between an R-1 and an AG zoning. I don’t think that’s what it means. It’s not the intent. It’s. I think between an R-1 and EG and. Or it’s commercial because this is under commercial. So commercial and the industrial is is the heavier duty use.

02:46:06,530	So you’d want a buffer yard between the heavier use and either R-1 and EG zoning. But it doesn’t make sense how it’s written to me. Yeah. So buffer yards are required for commercial industrial zoning districts, including R-1 and EG. We’re between two use. Yeah. Buffer yards are required.

02:46:30,000	Like you see how do you how do you how do you put for the the higher what did you say the higher impact or the higher use. Yeah. The intent the intent. Higher intensity. Higher intensity use. Right. Yeah okay. Got that one Mitch. Under applicability. We want to keep. Yeah. You want to keep the the concept I agree with. just the wording. The wording doesn’t. Oh at. The reword.

02:46:48,700	It you know. Because it kind of gives the impression that we need a buffer yard between R-1 and a. No. You do. you want. That, right. Yeah. Maybe if you put commercial in in industrial in front of our one, that might make it clear.. Both yards are required in commercial industrial zoning districts are. Mm mm. Yeah.

02:47:15,930	I’ll have to work out. Just find out. Yeah. Yeah. I’ll help you out. Yeah, yeah. Throw that through. Through that. Through Grammarly. Google. Al. Okay. So use is permitted. It looks like we added uh yep. We added temporary tree sales or temporary Christmas tree sales.

02:47:36,800	Temporary sales of certain items and portable storage containers limited to one per lot. And this is under commercial and then accessory solar energy systems. All Good. With that. Temporary, temporary. In commercial, we only can afford one storage unit. Per lot. Per lot. Um, portable storage container. Per lot. Yep. Is how it reads now.

02:48:08,470	Are we good with that? I mean, this is all up for discussion. I think that’s a little restrictive. I think I agree with Commissioner Streifel. If you’re in commercial, you might should be allowed. Your lot might be quite large even. You know. What, if you’re in the business of selling portable storage containers. You know what? You only get one on a lot at.

02:48:30,730	A time. That’s it. So I don’t know. I honestly think on commercial and this is I’ll, I’ll throw this out there that we just say portable storage containers are are an acceptable use and just take the limit off. I agree, I agree too. Because it is commercial. It’s, uh, commercial use. And it’s. Going. To go through.

02:48:50,900	Special use anyway. Um. No commercial? No, this would be. Under. Permitted use. Okay. Yeah. So this be like, uh, crossroads where they did their band o back of their building? Yes. They’ve used portable storage containers. As well. And they built a fence around it and put them in there.

02:49:10,930	So I would on number 21 under, uh, permitted uses. Just take off the limit on that and just say portable storage containers are permitted. So under special uses, uh, looks like we have we added temporary farm and garden produce sales, child care centers, communication towers, drive in banks, temporary sales of fireworks, retail liquor sales, microbrew pubs and

02:49:32,570	domestic distilleries. Mr. chairman. Yes. My only concern is in commercial area. I don’t know why we wouldn’t allow farm and garden produce sales without a special use permit. Is there a reason for that, Mitch? You think? Yeah, we talked about that being the the farmers market. Move it, move it to permitted. Do you mean or.

02:49:52,800	I maybe we should put it to permit it. I mean, the farm and garden. So I think when we talked about it last meeting, we talked about like uh like a TSC having a farm, a garden, produce sales like in. Their lot. I think that was the example. So commercial the.

02:50:12,570	Yeah that’s fine. I mean you’ve got them at running, you’ve got them at TSC, you’ve. Got all over. The place. Yeah. So do we move it. Just move that up from special use up to permitted permitted use. But then why would you even. Why would you. They number 20 is temporary sales of certain items. What certain items.

02:50:31,230	So then just. Put up their temporary farm of garden. Well yeah. We could just take it out and leave it. At that point. Temporary sale. Then take temporary Christmas tree sales too. Then certain items. Certain items. So.

02:50:53,700	So if we took out of under let’s see what is it permitted uses uh, number three under commercial. If we took out scratch number 19. Out. Yeah. Under permitted uses and scratch out under special uses. Number two, which is temporary farm a garden produce sales.

02:51:18,830	And just they’re all considered under number 20 which is temporary sales of certain items I think that tidies it up except for fireworks. That’s special use. That’s absolutely. That’s listed then. That’s exactly. So we’re leaving that one. Yep. Okay. Sounds good. Good. That is that. Clean that up. Looks like the numbering is correct. Now. All right. So then we move to industrial. Uh, district regulations. So we have the same thing on.

02:51:44,530	Yep. The wordsmithing on buffering under section two number one subsection a same wordsmithing as uh as commercial. Or that we did in commercial. That’s on page 33. And it looks like under permitted uses we added religious institutions, micro brewpubs, domestic distilleries and brewer tap rooms.

02:52:12,200	And those are all permitted uses along with animal services that are non veterinary and shop condos. So those are all permitted uses. Yep. All everybody okay with that. And then other special uses. We added retail liquor sales child care centers, communication tower asphalt production facilities both permanent and temporary hazardous material bulk storage plants has special uses.

02:52:37,300	Mister chairman, are we going to be Mitch, you said you were going to look at this communication tower. Maybe apply it to other zoning areas as well. Because it’s a special use in commercial and industrial now. But okay. But then. Right here in Bismarck, we’ve got them in residential areas.

02:52:54,900	Yeah. I think we put it in there in the residential for special use. Did we. Okay. Yeah. So if we just want a special use to make sure we know where they’re going.

02:53:08,800	Under, under that separate header that we had, then if we put something in there, then we would probably pull it out of commercial and industrial special uses, because it’s going to have its own call out. Right? Or uh, um, just a minute. For, for the communication towers. Um. Would we pull that out? A commercial special use and industrial special use, then. I wouldn’t. Or does it still stay there? I yeah, they’re there. Okay.

02:53:33,900	This thing could be 100ft tall, 120ft tall. Some some of them are 200ft. Yeah, yeah. Commissioner comment. Um, prior to me being on the commission, but I was, as an advocate, talking a lot the water tower that they took down, um, just south of Boulevard because they had all the communication towers up there and, um,

02:53:55,970	there’s certain federal and state laws that come into it. Um, but there’s only since they triangulate, there’s only certain parameters. So you’re almost forced to go into areas that, um, are uncomfortable, I guess you could say that neighborhood really fought hard, and they were able to buy it.

02:54:21,500	They built a house on it because the communication, they could have just bought another lot two ways down. They wouldn’t even had to ask for a permit. They could have built it there. So I would say, Mitch, upon your research in that, um, maybe review some of that terminology that was used.

02:54:40,300	So we don’t like, catch ourselves in a exploited sort of speak because Verizon at the time, they basically said that they could do anything they want and they had unlimited resources. For communication. Yeah. And what was the zoning? Um. Residential. Residential? Yeah. Because they then the city doesn’t have anything on communication times. Right? So, I mean, I. Just remember the conversation.

02:55:05,170	So it might be worth I’ll see if I can find the Or I’ll ask for it and for it. It’s in the draft stage. No, there’s they’re working on it. So. Okay. So um. I just remember the conversation because it was a really hard fought thing by the residents in that neighborhood and the cathedral district.

02:55:21,170	Well, so I don’t have it in the R-1. I don’t have it in either. Right. So I think it should be allowed special use in either one. Okay. Because it’s those communication towers are important to the residential areas, but it should be allowed only by special use. Special use? Yeah.

02:55:44,200	Because it’s it’s special use in commercial and industrial. But do we want to add it to R-1 and EG for special use? Okay. I think we’re going to need to. I think based on some of our discussions, people are going to want to say, isn’t it. Yeah. Communication tower in an R-1 with. Under special use. And then AG special use also..

02:56:10,870	Yeah. Basically we’re allowing these things in in R-1, eg commercial and industrial. And industrial. Special all special. Use. Correct. Yep. R5 for. Our fives, the the mobile home. Well I guess. I mean there’s an a mobile home park. They dump everything else on the park on. Probably one side note to. That towers.

02:56:39,700	There, because I remember getting the call along 71st in Washington, where they just put that one up on the west side of the road. I think the permit was passed by the board.

02:56:55,200	And like 2016, 2017, and they didn’t put up the tower until last year. And I got quite a few calls on it. So I wonder if there shouldn’t be a like somewhere within the special use permit that they have to construct within a certain time. Burleigh county’s two years. Okay, okay. Good to know. All right. So anything else on 3536 and 376.

02:57:17,470	Number two, did we talk about that first sentence, how um, maybe a concrete products can’t really be a completely enclosed building or behind it is this has been fixed right. Yeah. Which we added the, the the eight foot private privacy fence. Yeah. But yeah. It’s four. Yeah. Instead of just the enclosed building. Yep.

02:57:40,700	Yeah. This is or eight foot privacy fence. All right. Anything else on 36 or 37. Then in the highlighted items. All right. If not Mitch, um, at the next, next meeting is this. Are we bringing this to a. Well.

02:58:21,000	A consent agenda or is it public hearing? What’s what’s the next step on this? Well, I need to do a resolution. At the next meeting, and then we’ll set it for a public hearing. And, um, August. Okay. It’d be August. So then I think the only thing that we needed to have for, uh, verbiage yet was the communication tower portion, which you’re working on.

02:58:41,870	And then just the changes we made tonight. So. Yeah. Okay. So it’ll come. It’ll come as a resolution or into a public hearing, likely in August. Yeah. Be a resolution to to draft amendments for the ordinances. I’ll give a list and then you guys will approve the resolution here and we’ll set from there.

02:59:01,700	We’ll set public hearing in in August. And do we have to have two public hearings, or is it a public hearing here and a public hearing at the county commission? We can have them here. We’ll just have both here. Yeah. Okay. Okay. Well, it’ll still go to the county commission. For final approval. We’ll have the hearings here. Yeah.

02:59:20,730	Our ordinances required to. I just didn’t know if there was a hearing here. And then the second one at the county commission. But we can. Have them. We can. I, I it’s. I guess I’d to me, I’d rather have them here.

02:59:36,300	I don’t know why we would burden the county commission with those hearings when we have representation here anyway. So two public hearings was related to, um, ordinances under the Home Rule Charter, not under this. Well, essentially, code calls for two public hearings. When you change your ordinances. It requires a public hearing, a resolution, and then two public hearings. Okay. Not a problem.

03:00:08,770	I mean, we’ll we’ll do whatever is necessary, but, uh, yeah. ponder that. Yeah, yeah. If we get by with one, great. But, uh, if we need to, that’s not a problem. Any other business that we need to discuss this evening. For sure. Have a happy. All right. It’s been moved to adjourn and seconded. Is there any opposition to adjournment?