00:00:11,470	The July meeting of the Burleigh County Planning and Zoning Commission. We will start with the Pledge of Allegiance. So please rise, remove your hats and face the flag. Pledge allegiance to the flag of the United States of America, and to the Republic for which it stands.

00:00:34,470	One nation under God, indivisible, with liberty and justice for all. Okay, we’ll move into roll call. And, Marla, are you taking us through that one? Okay. Yeah. Okay. Commissioner Bitner. Commissioner Connelly here. Commissioner Jarratt here. Commissioner Munson here. Commissioner. Patrick. Commissioner. Small here. Commissioner. Streifel here. Commissioner. Risch, he’s joining us online. So. And. Chairman.

00:01:13,370	Here, we have a quorum. Okay, we’ll move into the. I see we’ve got approval of the May 13th minutes. Do you have those? I do not have time to get the minutes done. Okay. We will jump over that and we will approve those minutes.

00:01:31,130	Next, at the next meeting, we’ll move into our public comment section. This is restricted to Burleigh County residents and landowners. So if you would like to give any public comment, this is not a public hearing. We will move on to the public hearings after this. But this is any general public comment that you comment that you would like to make.

00:01:47,070	So if you would like to make a comment, please approach a lector and tell us who you are, where you’re from and what you have to talk about. Any public comments? Okay. Seeing none, we’ll close public comment and move into the consent agenda. We have one item on the consent agenda.

00:02:09,570	Do we, uh, if we would like to open that. Um, we can we can do that. Or if someone would like to move to just approve the consent agenda. Uh, I’m open for that. Also move to approve the consent agenda. Second. Okay. It has been moved by Commissioner Munson, seconded by Commissioner Bitner to approve the consent agenda.

00:02:30,400	Is there any discussion on the motion? Hearing none. All in favor of approval of the consent agenda? Say hi. Hi. Any opposition? Hearing none. Consent agenda is approved. And that would mean that the item on there will go to a a public hearing at our next meeting. Okay. We will move into our public hearings for the evening.

00:02:54,830	Mr. Chairman. Uh, yes. Yeah, this is right here. I finally got on board. Sorry about that. Fantastic. We will mark you as, uh, in attendance. Thank you. All right. Our first public hearing is the lookout trail variance. And it looks like Mitch is going to take us through some details of that before we open the public hearing.

00:03:17,770	Good evening. Commissioners. Mr. chair. Uh, before we get into to, uh, this first, um, uh, agenda item, uh, did you all receive the bylaws that I sent to you by email? Okay, so the the reason I sent that to you guys is, um, well, first off, we don’t have any legal

00:03:42,930	representation at these meetings, so we have to follow our ordinances, our bylaws and century code. And one of the reasons I’m bringing this up is the some of the motions that have been made in the past and recently, um, they I’m not going to comment on which ones were made or what was said, but

00:04:02,670	the important fact is that when these motions are made, you have to relate those to the topics in the or in the article that we’re presenting. And then also has to reference our ordinances. And documents that the Planning Commission has. In other words, we have to have findings of fact.

00:04:21,870	We have to base our we have to base our motion on what’s presented, what’s talked about in the meeting. But what is a finding of fact? You cannot use your emotions or your opinions in these. And so that’s moving forward because we don’t have any any attorney representation here.

00:04:43,800	So we’re kind of we have to play by the rules. I don’t want to end up in district court. All right. Thank you, Mitch, and thanks for sending that out. I appreciate that. Okay. Our, um, our I guess before we move into opening this hearing, uh, this is the application for the variance of setback at Lookout Trail.

00:05:02,430	Okay, commissioners, um, we received a complaint regarding an accessory building that was being built down on, um, uh, just 47, 31 lookout trail.

00:05:24,030	Uh, it was, uh, the neighbors thought that we were building too close to their property line, and they actually thought they were building over the property line. Um, the permit had not been issued, but it was it had been applied for. We just hadn’t gotten to the review. It was applied for last year, actually. And so it kind of got lost in the shuffle. Um, and the contractor thought that he had the permit while he didn’t.

00:05:42,700	So we issued a stop work order on it. And to determine the location of this building and the setbacks, and if it was encroaching on the neighbor’s property or not, they we do have a, uh, a stamped lot exhibit. Which shows the, uh, shows the drawing of the building.

00:06:15,070	And it’s approximately 11 foot by 11.2ft away from the property line. So it’s within the it’s it’s past the setbacks. So that’s why we’re asking for a variance. Uh, or the, the petitioner is asking for a variance. Um, they submitted the, uh, the variance request on the 15 foot setbacks. Um, so it’s it’s it’s not a big, uh, encroachment into that setback.

00:06:41,730	It’s it’s past any kind of, uh, fire code safety for the distance, separation of distances from buildings. So we we recommend approval of this. Um, so I stand for any questions. Okay. Just, uh, I mean, looking at this. Sounds like the property line issue is all taken care of. Correct. It is not on the property line. No.

00:07:05,230	Okay. It’s 11. 11 is inside the property. Yeah. It’s 11. The owner? Yes, yes. Mister chair, it’s 11.2ft away from the property line. So approximately 3.5ft into a variance relief off that 15 foot. Okay. And the delay in processing the permit is. There’s still a stop work order on this. Yeah. Okay.

00:07:30,870	The permit is we are close to being ready for issuance. We’re still looking for one document for for permit issuance, but it’s not a not a very complex building. It’s a pole barn. So it’s. Yeah. Accessory building. Okay. Uh, yeah. Additional questions. Commissioner Bitner. I didn’t quite catch it.

00:07:54,370	Is the building already built? Is it? It is. It’s. It’s not completed, but it’s built. It’s up the. Yeah. Okay. All right. Any additional questions for Mitch before we open this, uh, Commissioner Patrick? Yep.

00:08:16,070	Well, I just I’m really concerned because we have, uh, property setbacks for a reason, and that’s for access for utilities and so forth, and I, I believe that we should not be, um, we should be issuing very few variances. Um, and I, I’m not sure that, uh, I think, you know, because the next guy he’s going to be, this one’s going to be 3.

00:08:32,870	5ft into the setback. The next guy is going to come in and ask for six feet. And then somebody after that asks for more. I think we need to stop issuing these variances. We need to say no. The setback is set by the county rules and we need to leave that alone.

00:08:46,100	Uh, any additional questions or comments for Mitch? All right. Seeing none. Thank you. Mitch. We will open the public hearing on Lookout Trail variance.

00:09:03,200	So if anyone would like to speak in this public hearing, please approach the lectern and let us know who you are, where you’re from and sign in. Mitch is there. There is a sign in up there. Okay. Thank you. Do we have to sign in here? I already signed in. In the back. Yep. Up here? Yes. Okay. Um. Good evening. My name is Stephanie Bosch, and I’m the owner of the property.

00:09:23,500	Um, that is directly adjacent to the applicant that called in and from. We looked on the Burleigh counties. Is it like the GSI website? Yes. And as far as it looked on the property lines, it looked like the building was on my property.

00:09:45,930	Um, he also has three additional buildings that he has built over or two are over my property line. One is too close. It’s not within the 15ft. And I did bring some pictures. Um, anyway, um, from my understanding, I guess when I, when I look up variances that it’s supposed to be for a physical hardship like that, there’s an unusual shape or a steep slope or a ravine.

00:10:11,530	In this case, the land has no issues like that. The only hardship is a self-created error. He started building it before he had a permit and before he he’d never even had attempted to have, um, someone come out and survey the land. I called the county.

00:10:36,370	They told me that I should have somebody come survey the land, and I said, I’m not the one building a property or a building. Anyway. So I contacted my neighbor and said, I think we should get somebody out here to survey it. I had lined somebody up. They couldn’t make it out for like 3 or 4 weeks.

00:10:54,570	He ended up contacting me in the meantime, said he found someone sooner. They came out within a few days. So that new structure that he is asking for the variance for, he has already started building it. It is not over the property line, but it is too close.

00:11:12,400	It is not 15ft away, but there is a tree house that is over my property line and mind you, this was all where the property line goes. The blue line or all the trees are. We we cut them all down because I was told by the the county that I had to establish a property line, and the only way to do it was we hired.

00:11:33,270	We rented an excavator and tore them all out and. But there are still two buildings. He did disassemble most of one, but there is still a tree house that is over on my property. So we can’t exactly establish the true property line because it’s over on my property. So anyway, I guess I’m just saying.

00:12:03,270	I don’t know if you should deny it, but I don’t know if it should be approved until he addresses the other buildings that are on my property. Um, he’s also been using my property to access his backyard for years.

00:12:26,600	Um, so, like I said, we we cut all the trees down so that we could try to establish a property line. I feel like if you approve it, you’re just letting it be known to everyone that you just ask for forgiveness instead of permission. So. And, uh, are I. I’m just assuming you’re the neighbor to the north. I am the neighbor to the north. To the north? Okay, gotcha. That’s 4720.

00:12:46,900	Look out! 47. 20. Okay. Thank you. Um, any questions for Stephanie? Uh, yeah. Commissioner Patrick? Yeah. Is there a, you know, is there a specific reason why he decided to build it there? I mean, it appears I was out there. It appears that there’s plenty of room in there for him to build without.

00:13:06,630	I’m assuming he has lived there for many, many years. I believe he told me since 1988. I moved in in 2017. Um, I know I talked to one of my other neighbors that helped the original builder of the house plant all those trees that we ended up

00:13:24,400	tearing down that were on the property line. I was told when I moved in, the property line was somewhere in those trees. They were starting to get really overgrown, just a lot of dead stuff in there.

00:13:44,000	So we started actually looking at the GSI website because we wanted to figure out where our property line was so we could start clearing out some of the trees to get the dead stuff out. And it was just really bad and thick, and we noticed when we did that, like, um, it actually looks like they’re all our trees.

00:14:07,030	And the buildings are over the property line, so I’m just assuming maybe he didn’t know, but it’s I think it’s been going on for years. So any additional questions for Stephanie, Commissioner Patrick? Yes. Um, what are you going to use? The pole one for? I think storage like lawnmower. Um, he’s got like a big lawnmower, tractor attachments.

00:14:28,300	And what are the other buildings used for? Well, the small one that he did partially tear down, I believe, was for some of that stuff, but he just needed he got this new big tractor mower and needed a building to put it in. I, I’m assuming I don’t know, you’d have to ask him what it’s for.

00:14:43,900	But besides this building going up, how many other buildings are there existing right now? Hydro water. He he tore one down. That is partially on my property. But there is also a tree house that is. I think it’s on my property. It on the GSI website. It’s on my property.

00:15:05,230	When he had the surveyor come out, they just put stakes in, um, the east and west sides of the yard, and we strung a line. But when we get to that tree house, it it presses up against it and then takes a hard turn. So it’s partially on my property and yep.

00:15:27,700	Any additional questions or comments for, uh, Stephanie? Seeing none. Thank you. I don’t I don’t know, am I supposed to leave these or I take them? You can. Yeah. Yes. Oh you did. Oh, yes. Commissioner small, you can leave those with, uh. I guess you can just give him the Mitch. Yes.

00:15:55,900	Uh, Mitch, how big a building is this? And unless I missed it in here, I guess I didn’t see it, but concrete. Um. Mister chair, I’d have to pull up the the permits. I think it’s around 2500ft or 2000ft. Okay, it’s. It might be even smaller than that.

00:16:24,730	I can I can pull it up and look at it. Okay. I don’t think it’s concreted in. It could be moved. It’s a pole structure. It could be cut off, moved over and then. Set on. If I can get the smart. Filters or whatever. Thank you much.

00:16:39,870	Uh, if anyone else would like to speak in this public hearing, please come to the lectern and let us know who you are, where you’re from and sign in. Please. Hello. I’m Sam Keller. I’m the property owner here. And, uh, a couple clarifications on that building when you’re talking to the 12ft into the, um.

00:17:11,770	Back backs facing the West end is 16ft. The front corner of the north east is where that corner goes on 112. The back end is clear by a foot. It’s at an angle. Uh, I was just going to clarify that you talk like the whole thing is 11. It’s just the very front corner of the north east corner is three feet into the spacing.

00:17:44,300	Okay. Um. Oh, the other clarification is the two buildings you’re talking about. One of them is a garden house. It’s six feet by eight feet out the size of an outhouse. My wife keeps her garden tools in there, and that should be clear. It should be on the property. My property.

00:18:16,370	The other one is a kids playhouse. It is also six feet by eight feet with that stairway on the end. Run a little lean to on the west end. Uh, four feet by six feet. So it’s both of them are tiny buildings, and I agree, the playhouse is probably on over the property line by two feet.

00:18:47,800	Maybe. I think it would clear it and and the reason this happened is, um, I’ve been on this property for 38 years. Second on our. And the the adjoining property is on their third, third ownership never has either property been surveyed on the on the, um, transition of the property or the transfer of the property.

00:19:21,430	Uh, until now, I figured, well, better get it done. But anyway, if you look at the picture on the overhead. If you look at my shelter belt, it’s 25ft north of the, uh, of the property. The property line stake.

00:19:55,600	So how did that happen? And then you get after the 25ft, there’s a 20 foot opening. You’ll see way on the end. That’s how I made my entrance into the back of the property. And, um, so that’s a total of 45ft. That shelter belt is 40, 45ft off, or about five degrees off off the property line.

00:20:26,000	And and you wonder how the world could that happen when they ever planted the the trees? Uh, I don’t know. So how I determine where that building was? I was asked when the permit was applied for where the building was in relation to the house, and I told him it’s 175ft due east of the north east corner of the house, and 35ft north to the,

00:21:05,130	uh. Northwest corner of the building. And the building is 28 by 36. So that gives you, um, 35 and 28, 63ft. I measured from the north east corner of the house. That same corner, and it was 90ft to the centerline of the property. So 63ft, 90ft.

00:21:48,800	I figured I got all, uh, I got all kinds of room there. I should be no problem. So I staked it out. But you have a tendency to follow. Follow that shelter belt, which was scoring at an angle. To me, it looked like it was straight, but I was three feet off, 3.5ft off on the east corner. Um. Yeah. Other than that, uh.

00:22:30,000	Why? When the the shelter belts were put in, why was my shelter belt on the east end 25ft past north of the property line? That’s that’s the lot. And then a 20 foot opening. That’s 45ft. There are 45ft off. Well, you can see it on the on the picture on that overhead. There. Are there any questions or comments for Sam.

00:22:59,770	And I’m not I’m not using that. Um, entrance that I had been using. I, I cut some trees down and made a new opening to get in and out of the back of the property, closer to the, um, north, but 100ft further north. So, uh, I’m not on I’m not using that, uh, property.

00:23:28,570	All right. Uh, any questions or comments? But these small as far as this small buildings. Excuse me. Uh, the the the, uh, kids playhouse. Yeah. I can move that forward, uh, to clear the property line.

00:23:54,270	Uh, I’d have to dismantle some of it, but, uh, the garden house should be should be all right. Uh, and that’s one question I have. Are these small buildings like I talk? Are they, uh, do they need a 15 foot setback? Um, Mitch, can you, uh. Because I notice. Excuse me? I believe the answer is yes. Yes, I think Mitch is shaking his head also. Yes. Correct. Yes.

00:24:18,230	Because I noticed in town you have these small buildings like this. Um, and they’re all up against the fence, so there’s no setback in town here. So is there a setback out there for a small building. Like that? Yeah. County and city can be different. Definitely. But, uh, yeah, there’s setbacks.

00:24:41,770	In. Absolutely. There’s a setback. You had to survey property lines and. Yes. But different, different jurisdictions. Correct. City and county. Yes. So there is a setback for a little, little building like that. Yes, yes. And Commissioner Bitner, you had a question or comment. Yeah.

00:25:02,730	So, so the building has been built and it’s complete or is it still being built? What the building, is it done? Oh, the whole building. Yeah. Is it. Oh no, it’s just it’s framed. Framed. Yeah. It’s the poles are the poles are in. And okay. So it’s not uh. It’s not ten. Not ten.

00:25:27,070	Any reason I’m a general contractor and and any reason you can’t, uh, the part you say it’s in that an angle. Is there any way you can get outside of the 15ft by moving the other end? You know, basically shift the building like one end wall or one bay? Do you know what I’m talking about? Um.

00:25:46,870	Because you said one end of the building is at 16ft past. It’s 16 and the other end is. Uh, so basically, to make it simple, you cut off the back end, move it to the front end.

00:26:07,730	Can you, can you shift without taking down the whole building? Oh, because the whole building, you know, you take out some screws or nails and pull those posts and move them. And it’s pretty simple. Well, you’d have to, uh, you’d have to cut the rafters on one on the, on the, on the east end and, uh. No, you wouldn’t be cutting rafters. Yeah.

00:26:39,770	I don’t I don’t understand you basically, you’re saying I should build a pi shaped building? No, I know what I’m trying to get at is the part that’s hanging over the thing. Remove that part where you get your 15ft and put it on the other side. Other end. Those those pole buildings are super simple. Oh. You know, I don’t I don’t I wouldn’t see a problem with doing that.

00:27:05,330	Yeah, I guess I, um, I don’t quite understand what you’re you’re talking. Like, more clear. Yeah. Any other questions or comments for Sam? Just take the back wall over to the move, leapfrog it to the front. Yeah. You essentially pull out two poles. Yeah. You know, because they’re spaced. What are they, eight. Ten, six. Foot, six. Foot.

00:27:31,500	Six. Well it doesn’t take too many of that to move to the other end. And just and you’re free and clear. Yep. Any additional questions or comments for Sam? See you none. Thank you. Sam. Okay. Uh, any additional, uh, anyone like to speak in this, uh, public hearing? Uh oh.

00:27:53,700	And, Sam, if you just make sure you sign in. Um, since. You go back there. Oh. Up here? Yep. Uh, anyone else like to speak in this public hearing? Uh, please approach the lectern. Let us know who you are, where are you from? And sign in. Anyone else? Uh Commissioner. Streifel? Yes. Oh. Are you also rabbit head construction, Mr.

00:28:21,200	Keller? Are you the construction company and the owner? Yeah. No. Sam. You’re. separate. You’re you’re not associated with rabbit head construction, right? That’s a whole separate. Okay. No, I’m just retired old retired fart. Okay. All right.

00:28:43,770	Uh, if anyone else would like to speak in this public hearing, please approach your letter and let us know who you are, where are you from? And sign in. And anyone else? This is the last call. Uh, any reason we need to continue this public hearing? Seeing none, we’ll close the public hearing and move into discussion and action. On the lookout trail. Variance. Mr. chair? Uh, yes. The bill.

00:29:07,170	The building is 1008ft. It’s, uh, 3030. deck 34 by 36. The dimensions. Uh, 28 by 36, Right now, 34 by 36. There’s more than 180. Um. 28. 28 by 36, I believe. What is it? Uh. Tape measures.

00:29:44,070	So regardless of the size of the building, um, we’re here to talk about the variance of, uh, setback. Uh, any comments or action that we would like to take on this lookout trail? Variance.

00:30:03,130	I mean, we’ve we’ve got, I think some of the, some of the pieces that have come out in this public hearing are, uh, you know, started work without a permit, lack of staking of property lines, uh, that are really kind of convoluted. Some things on, on this whole whole thing. But Commissioner Connelly. Um. It’s just that, I mean, I’ve watched a lot of meetings, and, I mean, we’re getting a lot of variances with the ETA discussion and all that, but.

00:30:22,330	And 99.9% of the cases, people already have a permit. So we’re being able to vet them ahead of time. This puts us in a really gray area since it’s already under construction, and I don’t see how you can get to those findings of fact.

00:30:41,330	Um, it’s a little too gray and puts us all on the hook. Um, and that and I’ll if anybody has any comments beyond that, I’d let them, but I would make a motion at that point. If nobody wants to add to it. Yeah.

00:31:01,300	Uh, if you’d like to make a motion, uh, what would you like to state? Make a motion to deny the variance based on the fact that it’s under construction there. There’s a precedence of going over to the property line. And, um, we’re just in a day and age, you have to know ahead of time. I’ll second that.

00:31:20,130	All right, so it’s been moved by Commissioner Connelly to deny this variance. Uh, it’s been seconded by Commissioner Patrick. Any discussion on the motion. Mr. Chairman? Yes, Commissioner Risch. Yeah. The only thing. I want to comment on it, they applied for a building permit on October 29th, 2025. That’s like eight over eight months ago. I’m just wondering why why it would take so long for that.

00:31:43,600	Uh, Mitch, is there any comments on that. Mr. Chair, that sometimes those permits they get, they get backlogged and they never get sent out for review after that? To a certain point, they just they just we we were on our I was unaware that the review wasn’t complete.

00:32:03,270	The permit was not issued. There shouldn’t have been any reason why the permit should not have been issued, because what they submitted was correct. Okay. And so they drew the lot lines that draw that. And it’s but he started the project.

00:32:20,530	He says, because we sent him an invoice for payment. And I don’t know if he paid it or not. I think he did. I’m not sure. Yeah, I don’t, but but the permit was never issued. And so there was a miscommunication on this and we didn’t hear about it until the neighbors to the to the north called. Okay.

00:32:37,970	Well thanks for that clarification. Uh, any further discussion on the motion, Commissioner Connelly? Well. With, um, understanding that a little bit better. That’s exactly also why the appeals process exists, since there’s gray with it, appeal it to the county commission and let them take those parameters on. That’s how the checks and balances work. Uh. Commissioner Munson. Sure.

00:33:00,900	As a. Contractor also, there is no way I would ever start a project without having a permit in hand. I don’t order a two by four without having a permit in hand. So I. I concur with the denial.

00:33:20,130	Uh, any additional comments on the motion? Discussion on the motion? Seeing none, we’ll move into a roll call. Vote on this motion. Uh, the motion is to deny the lookout trail variance in Marlow. If you could take us through a roll call, vote. Um, yes. And the reason why the denial is, uh, no permanent was issued, and the setbacks? It is in the setbacks.

00:33:42,770	Right? Correct. And I believe the setbacks are very clear in our ordinance. Yes. Yes. Okay. Commissioner Jarratt. Yes. Commissioner Connelly. Yes. Commissioner. Bitner. Yes. Commissioner. Streifel. Yes. Commissioner. Small. Yes, Commissioner. Risch. Yes, Commissioner. Patrick. Yes. Commissioner. Munson. Yes, chairman. Yes. The motion to deny has been approved. Okay, so, look, all trail variance will be denied.

00:34:21,670	Uh, we’ll move on to our next public hearing of the evening. That is the outlook road variance. Um, 6.2 on our agenda. And it looks like Marlow will take us through some details of this before we open the public hearing. Okay. I’m short compared to everybody else. All right. Um, this is a variance. Two setbacks. Distance.

00:34:54,670	Um, Kurt Ruzicka, I don’t know if I pronounce that right. Um, the address is 8620 Island Road, block seven, lot 11, Country Hills Subdivision, second subdivision. There’s 1.5 acres, more or less. And the zoning is rural single family. The petitioner is requesting approval of the variance.

00:35:21,870	And give a due pass recommendation to the Board of County Commissioners. Public hearing notifications were posted in the Bismarck Tribune, June 20th 7th July seventh Burleigh County website June 26th and surrounding property owners June 26th. The history Burleigh County received the request for an accessory building. The location. He would like to place.

00:35:49,670	The accessory building is five feet into the 15 foot setback on his lot. The lot is pie shaped and the access to the building is along the northwest side of his lot. He was advised to request a variance. I’ll show you. The variance application was submitted and the reasons for the request.

00:36:24,870	He also submitted three memorandums of understanding from the neighboring property owners on the northwest side of his lot. Three right there. And that was also in your packet. And the placement of the accessory building with the ten foot setback on the northwest side of the property does not encumber the neighboring properties. There’s a pretty good distance between them.

00:36:57,470	And the variance does fulfill the request of article 28 and the Burleigh County ordinance do require a 15 foot setback on the northwest lot line, and a ten foot setback will not encumber the neighboring properties.

00:37:20,400	The neighboring property owners have submitted memorandums of understanding and have no concerns regarding the various variance, and granting of the variance does not conflict with the Burleigh County ordinances. Um. The Planning Commission. You can approve the variance with the due pass approved with conditions, deny the variance with reason. Our table for more information. They. Are there any questions? Questions comments from Marla before she steps away. Seeing none. Thank you Marla.

00:37:46,130	We’ll open the public hearing on the outlook road variance. So if anyone would like to speak in this public hearing, please approach the lectern. Let us know who you are, where are you from and sign in. Hi, I’m Kurt, I am the property owner.

00:38:14,870	Um, I guess I don’t have any major comments, but I’m, uh, here willing to answer any questions if you if you have them. That’s why I selected that location. Yeah, just a quick question, and I assume this is north right on this. Yes. Yep. Uh, is there any reason you can’t move it east? Well. Anything in. The way I can, yes. But, um, it’s slopes down.

00:38:36,200	There’s extra dirt work, and ultimately the house is right at the 15 foot that the house is not square with the property line. So, um, ideally, I want to back campers and bolts in there. In the further I move it.

00:38:49,770	I’m, it’s it’s going to just make it more difficult to be doing that. Um, I also looked at moving it to the, um, east side of the house. Then I’m going to be coming and asking for another, um, approach and culvert, and it’s just not as convenient. I being honest.

00:39:04,070	I want it on the garage, so I don’t want to have it right back there. It’s not taking up as much yard. Right. If I put it over there, I’m taking up more green space. So ultimately I’d prefer to have it back there. And it’s it’s just with the pie shape.

00:39:17,800	It’s just easier to have it, um, more straight in from the from the driveway or on the garage. So any questions or comments for Kurt? Oh, yes. Commissioner Streifel, sorry. Can you tell us when the land will be surveyed? When the property line? The line is surveyed? We had it surveyed for, um, the builder. We haven’t done any building.

00:39:36,530	Obviously, we had to do this, get the permit, but, um, survey stakes are are out there. Um, and we have an offset there. I haven’t, haven’t done anything until I get the results of this, but, um, um, yeah, the pins are easily found, and we can pull that setback. Uh, Commissioner Patrick.

00:39:52,470	Um, you have any, uh, is there have you been able to find the property pin? So you know where the property line is at? I do, yep. And, um, uh, I you those are clear. And then also the contractor that will be doing it had it, um, professionally surveyed.

00:40:09,430	I can’t say who it was, but there’s there’s flags out there showing showing the offset there. So we we have confirmed that. So. Any additional questions or comments for Kurt? You know. Yes. Commissioner Bitner. What sort of trees are those on that side of.

00:40:28,370	The um, so there is if I can pull up that picture, I don’t know how to turn that on, but, um, there is, uh, um, an old shelter built there. There’s a bunch of green ash, large, mature trees. Those are the those are on the neighboring property. There’s two rows of trees. And on the picture you can see with the black fabric.

00:40:44,330	Both of those are my. Well, I’ve planted both of those. One of them’s on the neighboring property. I had an understanding with them to put some evergreens in there, and I’ve been taking care of them, watering them and all that, but they’re on their stay. They agreed to do that.

00:40:57,730	But it’s it’s tied into my drip line and everything, but. And those are evergreens. Yes. Oh, yeah. There’s junipers there, junipers. And then there’s evergreens, and then there’s the green ash, such as the old shelter belt. Uh, any other questions or comments for Kurt? Seeing none. Oh, Commissioner Patrick.

00:41:16,300	Yes? Did I hear you say that you could move it if you if it was required, you could move it to. I mean, we haven’t I mean, I have built it yet. I’m trying to follow the right steps, but it’s an inconvenience if I do. But I. The inconvenience being what.

00:41:31,770	Just with the property line, with the property being pie shaped and and if I’m using it for storage and backing vehicles in and stuff, it’s just, it’s not as convenient. That’s that’s all. But you could move it. Yeah. Yeah. It hasn’t been built yet. Thank you. Uh, additional questions, comments for Kurt seeing none.

00:41:53,730	Thank you Kurt. Thank you. If anyone else would like to speak in this public hearing on the outlook road variance, please approach and listen. We are we are from and sign in.

00:42:16,370	Anyone else like to speak in this public hearing and last call for this public hearing on the outlook road variance seeing none. Is there any reason that we need to continue this hearing? Seeing none, we’ll close the public hearing and move into action and discussion on the outlook, road variance. Any discussion? Oh, yes. Commissioner trifle. Yeah. Oh. Oh, sorry. I believe all the conditions have been completed, so I would move to approve as presented.

00:42:42,830	Okay. It has been moved to approve. Is there a second? Here? Oh, okay. So it’s been moved to approve by Commissioner Streifel, seconded by Commissioner Jarratt. Uh, any discussion on the motion? Uh, Commissioner Patrick. Yes. Well, uh, I’m not going to support that motion because I believe that.

00:43:05,530	Back to what I said earlier in the beginning of the meeting is that, uh, we need to start to enforce the setback requirements that are defined in our rules. In our ordinances. So I’m going to be a no vote. Any additional discussion on the motion? Uh, Commissioner. Mr. Chairman. Oh, yes. Commissioner Risch.

00:43:27,730	Yeah, I’m just looking at the map there, and it looks like there’s he’s got quite a bit of property, plenty of room to move the building. So I’ll be voting no. Okay. Any additional discussion on the motion? Discussion? Uh, nothing. Okay, okay. Uh, hearing none, we’ll move into a roll call. Vote on the outlook. Road variance. Uh, Marlow, if you could take us through that roll call, vote.

00:43:54,400	Okay. Um, the motion is to approve Commissioner Bitner. No. Commissioner Connelly. No. Commissioner Jarratt. Yes. Is that a yes or no? Yes. I’m sorry. Um. Commissioner Munson. No. Commissioner. Patrick. No. Commissioner. Risch. No. Commissioner. Small. No. And Commissioner Streifel. Yes. Um. Chairman. No. Okay. Motion was denied. Okay. I’ll look.

00:44:37,670	Road variance is, uh, denied or recommends recommended for denial. Yes, yes. Yes. Correct. Uh, all right, we’ll move on to our next public hearing of the evening. Uh, this is the nature view drive variance. And, uh, looks like Marla is going to give us some details on this before we open the public hearing. Yes, I am.

00:44:56,370	I just want to make sure I got the right one. Sorry about that. And check something. Okay. Um, this variance application is a variance to the 4% lot coverage. Um, it’s Justin Kittson, and the address is 501 Nature View Drive block two, lot nine, Country Meadows addition. The lot size is 1.4 acres.

00:45:53,470	It’s rural residential, and they just want to do pass recommendation to the variance. It was posted in the Bismarck Tribune, June 20th 7th July seventh. The website June 26th.

00:46:18,000	Surrounding property owners June 26th, Burleigh County received the request for accessory building at 501 Nature View Drive, the size of the new accessory building would be 1500ft. He has one accessory building on his lot and it’s 1228ft, and he’s allowed 4% lot coverage for all buildings. The new additional building would take him would be 129ft over the allowable accessory buildings of 1400, or is 1.492 acre lot. And he was advised to apply for a variance.

00:46:52,730	The variance request is reasonable. The property size the proposed size of the accessory building does not encumber the neighbors and will fit on the lot. The owner will verify if there is a covenants that would restrict the size of the accessory building. It is his responsibility to stay within the requirements of the covenant.

00:47:17,800	If active, the variance request fulfills the requirements of article 28 and the Burleigh County ordinances only allow 4% lot coverage for all accessory buildings. The proposed building is less than 200ft over the allowable accessory building coverage, and the proposed accessory building will not encumber the neighbor, granting the variance does not conflict with the

00:47:43,770	Burleigh County ordinances. So you have a choice. You can approve the variance with the do pass recommendation, approved with conditions. Deny the variance with reason or table the variance for more information. Okay. Are there any questions or comments from Marla before she steps away? Commissioner Bitner. Yes, thank you, Mr..

00:48:05,300	Um, aren’t we in the process of upping the percent lot coverage? Yes, it has been brought up in this committee and it is in the works. So. It would would this, would this fit into the. Yeah. What we’re what we’re going to the proposed ordinance. Yes. That’s coming. Yes. Thank you.

00:48:30,970	Uh, any additional questions or comments for Marlow before she steps away seeing none. Thank you. Marlow, we will open the public hearing on the nature view drive variance. Uh, if anyone would like to speak in this public hearing, please approach the lectern. Let us know who you are, where are you from? And sign in.

00:48:53,430	Anyone like to speak in this public hearing on the Nature View drive variance. And last call for the public hearing on nature view drive variance. Seeing none, is there any reason we need to continue this public hearing? If anyone knows of seeing none, we will close the public hearing on nature view drive variance and move into discussion and action on it.

00:49:18,900	Move to approve. Second. Okay. It has been it has been moved to approve by Commissioner Munson, seconded by Commissioner Bitner. Uh, is there a discussion on the motion to approve the nature view drive variance? As Commissioner Bitner mentioned, it will fit within our new proposed ordinances. And so it makes perfect sense.

00:49:38,700	Okay. Any more discussion on the motion? Seeing none, we’ll move into a vote. Um, Marla, if you could take us through the roll call, vote. Okay. The motion is to approve the variance request. Commissioner Munson. Yes, Commissioner. Risch. Yes. Commissioner. Streifel. Yes, Commissioner. Bitner. Yes, Commissioner. Connell. Yes, Commissioner. Patrick. Yes, Commissioner. Jarratt. Yes. Commissioner. Small. Yes.

00:50:12,300	And chairman. Yes. All approved. Uh, the nature view drive variance is, uh, we’ll go to the county commission with a do pass recommendation moving into our next public hearing of the evening, uh, we’ll move into the Island Park Estates second subdivision hearing. Hello, Commission. I am here to talk about item six four.

00:50:49,200	Specifically, it is the Island Park Estates second subdivision, consisting of lots 12 and three of block six of the Island Park Estates subdivision, located in Riverview Township. Having a blast? You have. Got one of the frescoes. I almost grabbed one, but I saved it. I might come back. Commissioner Commissioner Risch.

00:51:08,970	Um, can you mute your mic? Thank you. All right. The site address is 6169 Island Road. This would be a lot combination of two lots, each of which are approximately two acres into a single lot of approximately four acres. This would include no zoning change.

00:51:31,330	The lot in question would remain R-1, single family residential. And I will say in your packets, I currently have the wrong final plat image. So if you’d like to see what the what the correct final plat looks like, it can be pictured here on the projector. Okay. All right. Uh, any questions or comments? Seeing none.

00:51:55,930	Thank you. We will move into, uh. Or we will open. Excuse me. We will open the public hearing on the Island Park Estates second subdivision. If anyone would like to speak in this public hearing, please approach the lectern. Let us know who you are, where are you from? And sign in. Good evening..

00:52:16,200	And I was going to say you can move that up. My name is Leighton Sampson. I’m the property owner and I think all the information was correct. And I’d just like to say I could answer or I could try to answer any questions if you have any. So. Okay. Any questions? Comments for Leighton. Yeah. Commissioner Small.

00:52:40,770	This is. Just a combination of two lots. You just. Want to make it one. Basically all you’re trying to do. Yep. Correct. Nothing is built. Yeah it’s empty lot and would like to build the house somewhere near the near the center line. So then you get rid of the center line.

00:52:55,700	Setbacks. And you and I know it’s odd question, but you you own both lots. Correct? Correct. Thank you. Any, uh, any any questions or comments for, uh, for Leighton? It’s much easier if you own them both. Yes. Uh, seeing none. Leighton. Thank you, thank you.

00:53:23,470	If anyone else would like to speak in this public hearing, please approach the lectern. Let us know who you are, where are you from? And sign in. And the last call to speak in this public hearing on Island Park Estates second subdivision hearing. Seeing none. Any reason we need to continue this hearing? I don’t think so.

00:53:47,000	We will close the public hearing and move into discussion and action on the Island Park Estates second subdivision. Oh, second. Okay. It has been moved for approval by Commissioner Patrick, seconded by Commissioner Small. Is there any discussion on the motion? Seeing none, we’ll move into a vote. Marla, if you could take us through roll call, vote on this. Okay. The motion is to approve. Commissioner Patrick.

00:54:13,600	Yes, Commissioner. Small. Yes, Commissioner. Streifel. Yes, Commissioner. Bitner. Yes, Commissioner. Munson. Yes, Commissioner. Jarratt. Yes, Commissioner. Connelly. Yes. Commissioner. Risch. Yes. And chairman. Yes. All approved. Okay. The Island Park Estates second subdivision will go to the county commission with a do pass recommendation. Okay.

00:54:47,430	We’ll move on to our, uh, final, final, uh, public hearing for the evening. Uh, this is the clerk subdivision and zoning change. And, Mitch, if you could take us through some details on this one, uh, before we open the public hearing. Commission. Uh, Mr.

00:55:10,430	Chair, this is a proposed subdivision for, um, all Of track ten of the Northeast Quarter. Section 11, Township 140. Range 80 West. You have a site location map in your packet. Also a on the second page there is the another site location. You also have attachment 652 of the final plat. Um, this was at presented last month and was tabled. For more information.

00:55:40,730	The um the zoning currently is is zoning will be changed to R1 for just the parcel. The master parcel will stay the same. Um, it’s a 44 acre lot into a two lot subdivision. One of the lots will be 35 acres more or less, and retain its AG zoning. The second lot will be 8.

00:56:05,470	41 acres and require that zoning change that the petitions are petitioners are intent to build a pre-K educational center containing 15 up to 30 pre-K. Uh children, uh, kindergarten age children.

00:56:29,270	The education will have an emphasis on outdoor learning on the 35 acres and all educational groups are allowed in R1, although there are restrictions to them, they have to be non-profit and their curriculum has to be, uh, pretty much identical to what a public school offers. Um, there has been some comments in the past on this, um, the I’m sure there’ll be the same comments tonight. You’ll hear here the, the, uh, the, the public testify on some of these issues. So, um, I stand for any question.

00:56:56,030	Uh, Mitch, can you can you elaborate on what has changed, uh, with this application or some of the, uh, uh, additional information that we’ve been presented with other than obviously we’ve got comments and things like that.. There was questions on on the approval.

00:57:16,200	There was it was a kind of a split decision last time. And so it was I the commissioners, we were missing two commissioners. And also there’s I think it was trying to understand the information that was presented. And to determine some kind of either a denial or approval stage for this application.

00:57:37,170	It is the basis of the application. Is that plat the zoning is secondary, okay. Because of the zoning change. They they want to intend to want to put a pre-K school there. And as part of the zoning, they could have probably applied for a special use permit and left it alone. But, um, yeah, that’s.

00:57:58,970	The one question was, I know there was a lot of things brought up about, uh, roads last, uh, last month. And, uh, did we get any additional information on that? Um, the highway department did put some, uh, traffic counts out there, and they they I’m sure they can talk about it.

00:58:16,600	Okay. Um, and discuss the, the conditions of the road, um, safety factors, that sort of thing. Good. Uh, any additional questions or comments for Mitch, Commissioner. Jeff Chair? Um. Is this add. Site address 5100 North? Yeah. If you could pull your mic over just a little closer. , there. Is this site address, 5100 northeast, 136th Avenue.

00:58:41,100	Correct? No. Because the map shows it’s on 41st. 4328 northeast 41st Street. It runs north and south. It’s, uh, it’s about a quarter mile from 136. So what. Is the correct address? 14136138 North East 41st Street. Thank you. Okay. Any additional questions or comments for Mitch? Oh, yes. Commissioner Streifel.

00:59:18,930	I just have a couple quick, quick questions. Mitch. Um, do we have any other example of something like this being done? We’re not, to my knowledge, not tonight. Bit. Not since I’ve been here. Okay.

00:59:38,300	And my other question is, normally when we would rezone to an R-1, would there be a single family dwelling required in order to do the rezoning? When we when we did our ag tourism thing, we made sure that there was a single family dwelling required on ag land, just simply because if if you want to have something on your property, you should be willing to live by it.

00:59:58,470	And that was for a special use permit for for corn maze. And it was they were trying to commercialize agricultural property. All right. This house, the single family house was was signifying ownership. So we wouldn’t normally require. Not for this. The owner owns the surrounding property. The the plat, the lot.

01:00:21,000	The secondary lot is in the center of their master. Uh, the larger lot. Additional questions? Comments? Yes, Commissioner Munson. So we just went through this last month as we were going through the new proposed ordinances and in residential zoning, there is a whole list of different. Things. What’s the permitted permitted uses? And an educational facility is one of them. Right? Right. Yeah. Yeah.

01:00:49,830	It’s not a is permitted. It is a by yeah by the zoning by the initial zoning. It’s it’s permitted by right. It’s allowed by right. Yeah. Thank you. Additional questions or comments for Mitch before we open the public hearing. One oh yes.

01:01:12,200	There was some, uh, a petition that was passed around last time. Uh, we didn’t have access to that. We requested it twice. The owners or the not the owner. Sorry. The the person who created the petition dropped it off yesterday and it should be in your packets. Excuse me. Yes, yes, we did receive that. Yeah, yeah. Uh oh. Yes. Commissioner. Connelly. Commissioner Agnew. Um. Are they.

01:01:36,230	In the properties nearby, or is there any other areas, properties within properties that are zoned RT. Uh, there’s multiple properties within a mile that are I mean, there’s large subdivisions within a mile and a half of this. There’s one parcel directly to the north. That’s our to the south and to the east.

01:01:59,300	It’s, um, the future land use map shows us as urban, rural, um, urban growth, a mix of agricultural and residential buildings. Thank you. All right. Any additional questions? Comments for Mitch. Before we open the public hearing, Commissioner small. So you just got this this. petition that that.

01:02:24,270	Could you could you pull your mic, uh, just a little bit closer. Thank you. Thank you. All these. People are. Against this. In this. Here. Uh, they are they signed the petition based on these, um. Following reasons. Increased density, infrastructure, strain, property value concerns, child safety and agricultural and gun rights.

01:02:55,800	Um, whether those are accurate or they’re significant, that’s up to the person who reads them. Uh, I do know that I talked to Jim. Jim home, the county sheriff, about the gun rights of neighboring properties. And this is referencing federal law, which is not enforced by our local police or the county sheriff. It would have to be the ATF enforcing these.

01:03:18,730	And it’s public property. Um, you have the right to own your gun on public property, whether you’re next to a school or not. According to to the sheriff. So it’s that that’s, uh, from what I know. I mean, it’s, uh, a commentary that that these folks signed. Um, and so. Okay. Additional questions or comments for Mitch. Yes.

01:03:47,330	Commissioner Connelly. Yeah, sure. I should have been more respectful the last time. Sorry about that. Um, the commissioner Small the email that was referenced, it came in at 1144 this morning. And that’s a challenge. I mean, this meeting’s been a month ago. And if we’re trying to do our due diligence, that creates a challenge. In my opinion.

01:04:09,400	Well. I. Wasn’t at. The last meeting. So I missed. Some of. This.. Additional questions or comments from Mitch before we open the public hearing. Oh, yes. Commissioner Streifel sure. Agnew. Uh..

01:04:31,330	Uh, Mitch, did we have a letter from Todd and Lavon Sheldon saying they live directly to the North? Can you help me with it? Looks like everyone on this petition who has signed against is neighboring landowners. But I don’t see where they are. Um. The letter says they live or they reside directly to the north of the property. There’s some.

01:04:58,070	They’re not they’re not directly adjacent to the property, but they are, uh, they’re not within the notification distance. But, um, they certainly can sign the petition. It’s, uh. They’re not on the petition. They’re they’re a separate email. What is. It’s a separate email that was sent where. I was in our packet. Yes. Is it in your packets? Yeah. It was, uh, provided, uh, just at the meeting. Uh. I don’t. have anybody.

01:05:21,500	Have that. I don’t have a copy of that. But if you’re talking about the petition and the location of these landowners, they’re not directly adjacent to the property. They’re they’re not within a notification distance either. But they are in the area, I guess. Okay. Uh, Commissioner Patrick. Yes.

01:05:40,230	So, Mitch, question. I look at a lot of these, and I can see that by the addresses that many of them are not nearby. How far away are some of these? Well, the the 1350ft is pretty much only the properties that are directly adjacent to this, because these are large parcels and it’s really the notification distances, the,

01:06:03,730	the properties that are are adjacent directly to this, to the petitioners line. So some of these people are a mile or more away. Um, I would say that’s a possibility. I haven’t measured that. But you know, they’re yeah, I would say they’re over a mile away. Well.

01:06:17,730	I say that because I visited that property. I was out there this morning and I recognized some of these addresses as being quite a ways away. And. Yeah. And there is a question on that of, of whether a petition is accurate for people who are not in the notification distance, but there are different opinions on that. So.

01:06:39,000	Yes, any additional questions? Comments. Commissioner Connelly? Um, um, from last month, Commissioner Streifel, I did go out there that night and I’ve been out there two other times, and they are directly north along that corridor, that 41st Street corridor. Um, as far as the I recognize the name with the license box, the mailbox along that way. So.

01:07:05,170	Uh. They’re not the the direct next, right? No, but a couple of there’s a couple small houses in between. Yeah. Okay. Mister chair, there along 136th Avenue. Two. East of the east of 41st Street. Okay. Thank you. Uh, any additional questions or comments before we open the public hearing? Seeing none.

01:07:25,930	Thank you. Mitch, we’ll we’ll call on you if we have questions. Okay. We will open the public hearing for the clerk. Subdivision and zoning change. So if anyone would like to speak at this public hearing, please approach the lectern and let us know who you are, where you’re from and sign in. Commissioners.

01:07:44,630	And Mitch, is there a way for me to plug in for pictures and video? It’s the same as what was submitted. Um. I do have my computer, if that is. More helpful. You should. Be able to plug it in and drive. And not. Okay. Well, but that will be. Would that be kicking. Off of.

01:08:04,900	On that? No. Official record. Thank you. I do know where I have.. Thank you. Whichever is easier. For anyone listening or watching, we’re just, uh, we’re just solving some connection issues right now. Technical difficulties? Yes. Technology is not. Always my. Thing. Okay? Minimize this to. Because this is in the background.

01:08:51,830	Yeah. Okay. I want to kick into the record. There we go. I guess just in in the meantime, the, uh, the reason I’m kind of trying to police the, uh, the mix is that I’ve had a couple comments come to me after the meetings where, uh, people who are listening or watching can’t, can’t hear

01:09:08,030	what’s going on in the room. So definitely, if you’re going to if you’re going to speak, uh, try to pull the mic fairly close, not necessarily right up to your mouth, but. Uh. Closer, closer. If you can’t hear yourself, they probably can’t. They probably can’t hear you. Yes.

01:09:24,900	Did you hear me that time? I definitely got you. Verizon was good on that one. Yeah. Well, Monday night I couldn’t hear Jerry talk at all. I could hear everybody else, but not Jerry. Yeah. Yeah, yeah. , yeah. Reminding people to use their. Mikes. Okay. One of the one of these days.

01:09:49,470	One of these one of these days, that county commission is going to get us a couple additional mics, right? That’s a city property. Who’s to say who’s whose portfolio is that? Right? Yeah. Your own record. That this is what we want. To start with. Three. Yeah. Sorry. Seems like we need three additional. Mikes. Like three more to to basically have.

01:10:18,870	one before for additional. Yeah. I didn’t look down. Is there. There’s not an extra one is there. There’s one. At one Patrick’s maybe just one. I’m just. Reciting.. One table back there. We should. There we go. Push it out. Yeah, yeah. Okay. Okay. Here is another one. Look at this. We’re solving. Problems left and right here. We’re hiring Dennis. Okay.

01:11:33,100	Well, what am I supposed to do? This court right across my papers. Here, put it around your drink. Put it around my neck. Okay. Um. Everyone ready? I think I think we’re ready. Yeah. Okay. Alrighty. Um. My name is Timothy Patrick. Clottey. Um. From Baldwin, North Dakota. My wife introduced herself. We’re the applicants. Okay. Um.

01:11:54,430	Yeah, definitely. Speak into the mic. Yeah. Good evening. Again, commissioners. Um. So we’re both short. Yeah. Um. I’ve been tasked with kind of addressing this. Petition that we are all now kind of getting the full picture on.

01:12:15,800	Um, so first, I want to be very clear that, um, everybody absolutely has the right to oppose or support this application 100%. Um, but that’s not really what is going to concern me. What concerns me is that we’re going to ask this commission to give significant weight to something that we have all seen, uh, and been submitted less than 48 hours in advance of tonight’s meeting.

01:12:31,800	Um, so while now it may be part of the record, it was submitted so close that I don’t think many of you have had the time to review it, um, or review any of the factual assertions that it contains. Um, so a petition is not necessarily evidence, um, simply because it contains signatures.

01:12:53,130	Um, I’m going to break down each bullet point. Um, these bullet points have not been independently verified. Um, and the signatures on it only verify that the people have read and understand the document and agree with what it says.

01:13:15,600	Um, people absolutely have the right to sign a petition based on their opinions, but opinions are going to be given the weight that they deserve and factual assertions should be supported by evidence. Popularity does not equal fact. All right. So let’s dig into it first. Bullet point increase density. Okay. Um, yep. My wife is going to pull up a few photos.

01:13:40,800	Um, so, um, this petition states that rezoning would create dense, single family residential and destroy the rural character of the community. The New York City of Burleigh County. There you go. Oh, there we are. Thank you. Thanks. Pause here while he’s talking about that, the structure that you see in the back that is black and stone, that is our personal wrap.

01:14:03,230	Um, if you want to move over closer to the mic, just so just so everybody that’s listening. I appreciate it. The structure in the very back there, that is our personal residence, the black and stone taller structure. Then you can see where we did have an initial permit to dig.

01:14:17,830	That is all that had happened. But you can see the dig site. So this building has a footprint of 1050ft. It is two story. So it would be two 2100. I had to do math there for a second 2100ft. We own 80 acres. We do not own just 45 acres.

01:14:35,670	So behind the writer’s property that you can see on the technically it’s on the south, on the screen, it looks like the left. We own the 35 acres behind them. So I think it is important to take into context that 1050ft to such a significant part of, um, land.

01:14:53,430	So while he talks about density, I am going to give different pictures. Yeah, she’s going to scroll through kind of, uh, give you an idea of the footprint of what we’re looking at as far as the building itself. Um, and there is one caveat.

01:15:06,670	There is a small, um, imposed home on the on the photos. That is not to scale. Um. We.. We hired a, um, a licensed drone operator, and he had put, let’s see what pictures it’s in. He tried to put what, 1000ft looks like. And it’s a it’s rough. Okay. It might be. Either way, you keep talking.

01:15:29,330	All right, so while she’s looking for those photos. So, um, in reality, uh, this application involves approximately 8.4, um, out of 80 acres. So the other 7.71.6 acres are going to remain completely agricultural. Um, there there is no plans for residential residential subdivision. There is no housing development.

01:15:59,000	There is nothing approaching the residential density that this petition claims is going to happen. So while she’s still looking for those, I. Will showing them a variety. Okay. Go there. You can see the superimposed. Little yeah. Houses show just how small that is in comparison to the land. Yeah, it looks like our toddler drew that, but you get the point. But we’ll go with that.

01:16:18,170	Okay. Um, okay. So while we look at those, um, I’ll have her finish up. Yeah. There is a. Very let’s see if the visual plate. Hang on one second here. So this is about if the drone we’re. Sitting. Oh I’m sorry.

01:16:38,770	This is about if the drone were to be sitting on top of the schoolhouse. Ignore the chicken structure and the dog kennel. Those are being moved. They’re there temporarily so they would not interfere with construction. Behind all that, behind the trees. That is ours. Our house. Good thing you can’t see the backyard. It is a work in progress. Ours still ours.

01:16:59,830	And those trees are your north border, correct? Great. Okay. Um, and so this is what you would see on the east side. Um, notice that there are not direct views of neighbors. There are of a pole or horse barn. I’m not sure what to not sure what to call it.

01:17:18,230	Um, but from the school there’s not even window views. The previous picture I showed you is because at last meeting it had been talked about that from the road. There would even be this significant view of the schoolhouse and it being an eyesore. It it isn’t viewable.

01:17:35,670	So that is the I have one more video for you because I think is also important. This is a sky drone. And it’s important because while we talk about density, while we talk about density, I do not understand where 1050ft will increase this density. We are also working with the NRCS to and we discussed this last time.

01:18:00,330	So I don’t want to go too in depth, but to add 5000 trees over the following three years, because our goal is to make this as part of the nature school. So I would look at this as such a positive. All of this you’re seeing is egg and it will stay egg. And so right in that that part of the shot right there.

01:18:16,200	So like south south of your house, uh, basically uh, across the tree line is, is yours too. Yes. There’s a, there’s a middle tree. I just wanted to be clear. Yes. That is all ours as well.

01:18:32,730	So while we talk about and I guess he can get to this while we talk about, uh, you know, changes in the future. What if this were to change to something else? We are entering into a 99 year lifetime year lease with Tallgrass Land and Learning, which is the overarching of the non-profit. This is not going to change.

01:18:51,670	This is we firmly believe in this enough that what you’re looking at is. Is it is what. You get. Okay, I will step back now. All right. Um, so now that we’ve kind of delved into that, uh, increased density bullet point, um, I would like to address the traffic a little bit.

01:19:07,400	Um, if I could just have the, um, petition pulled back up so we can kind of have a reference. Thank you. Okay. Um, so infrastructure strain. Um, so the petition claims that there is going to be up to additional 30 vehicles making two trips a day, overwhelming local roads and increasing traffic fatalities.

01:19:29,970	But what does that assume? That assumes that we’re going to have maximum enrollment every single year. That assumes every single family is driving separately and there’s no siblings. That assumes there’s no carpooling, there’s no absences, there’s no sick days. A lot of assumptions in a single bullet point. So that’s it’s not evidence. It’s it’s stacking assumptions.

01:19:54,400	If I were to write my reports as a police officer using this sort of assumptive logic, I believe my sergeant and the prosecutors would have a few questions for myself. So now that we’ve kind of addressed that, it also claims that surrounding property values will decrease significantly.

01:20:17,330	We heard from Mr. Dr and his daughter last time that this is a irrefutable fact. Um, no appraisal has been submitted. No qualified real estate expert has been called in to testify. No study specific to a small rural, non-profit preschool has been presented. Again, it’s it’s an assumption.

01:20:44,530	It’s not verified evidence that there’s going to be any significant property value decrease. Um, the fourth um, bullet point, uh, regards to child safety in a agricultural community. Um, what to say about this one. So this this suggests that children cannot be kept safe around neighboring agricultural uses.

01:21:12,470	And we heard we heard last time that activities involving horses and livestock are some of the most dangerous in America. And and I don’t I don’t doubt that. I think that actually is a I would actually believe that is a fact. However, using the logic that’s presented here and applying that to the rodeo, I would argue that that is much more likely to happen when children get injured in a rodeo.

01:21:33,730	We have sheep rodeos, we have all these activities involving children around livestock and agriculture and things like that, where the potential for injury is extremely significant, if not more so than what we’re proposing here tonight. So lastly, um, I’m going. To flip the. Page. All right. So this this is the snippet of what we got last time.

01:22:11,000	Um, we didn’t get the full thing. Gun rights of neighboring property owners. So I’m a gun owner. I’m a police officer. I take this one very seriously. Um, it’s very near and dear to my heart because I’m very. To a, um. But again, it contains assumptions. So the approval of this application does not actually change anyone’s firearm rights.

01:22:36,730	It doesn’t change anyone’s hunting rights. It does not change anyone’s legal responsibilities. Existing firearm firearm laws remain exactly the same. Existing hunting regulations remain exactly the same. You cannot go all Yosemite Sam in your front yard today, and you won’t be able to do it tomorrow. It’s your responsible. And Mr.

01:23:00,730	Patrick, I know you know this, but there are four cardinal safety rules of firearm safety. Being a, you know, hunter education, one of those being every firearm owner already has the responsibility to know their target and what lies beyond it.

01:23:22,200	That responsibility exists today specifically because my home is there and surrounding other homes. And why is that? Because bullets travel, bullets over, penetrate bullets do things that we don’t predict. But following that cardinal safety rule, we minimize that. That responsibility that exists today is going to exist the same if this application is approved or not. Period.

01:23:45,770	Um, they mentioned the Gun Free School Zone act, um, like, uh, Mitch stated that that would be enforced by um, federal ATF agents. Um, this does not apply to private property. If if this were not true, if that if it didn’t apply to private property.

01:24:06,430	Well, me and the boys in the ATF and Mandan would have a lot of doors to kick because there I yeah, there’s a lot of there’s a lot of firearms in North Dakota that are that are within the thousand foot of a school, but because they’re on private property, then they’re totally fine. They’re well within their rights.

01:24:30,470	So again, approval of this application does not create any sort of new restrictions on neighboring landowners. So throughout this process, I think one point that I’m trying to make in what I’m trying to make very clear is that nothing about this application changes the legal rights and responsibilities of our neighboring property owners, and I’m going to address the people watching, because there are surrounding neighboring, uh, properties that might not be here tonight.

01:24:52,370	You do not lose the right to farm. You do not lose the right to ranch. You do not lose the right to hunt. You do not lose the right to lottery, possess firearms. You do not lose the right to continue lawful activities on your own property.

01:25:09,500	Your rights will remain exactly the same as they are today. But what do we stand to lose? We stand to lose what I believe is an opportunity to do something that what hopefully we can convince many others to do as an opportunity to do something very good, very beneficial for our community.

01:25:25,930	And my wife, Mallory, is going to talk a little bit more about that. And, uh, Mister Bitner, you brought up a very good question that I very much appreciate last time. And that question was if we simply hadn’t shared what we intended to do with this property, would we really be having this issue? And I really think that is worth considering.

01:25:47,270	So the standards that you all apply to this application don’t change because people learn what the intended use is going to be. The ordinances remain saying the burden of proof remains the same. The evidence required to support that approval or denial remains the same.

01:26:08,800	We you briefly have a discussion on whether there’s also R-1 property within the surrounding areas. I’ll let you in on a little secret. Those neighboring properties are the doctors in the children’s. Now, we heard last time that Mister Dr already plans to sell his home.

01:26:29,100	Now I’m going to do a bit of speculation on my own and now say somebody approaches him and wants to give him fair market value for his property, not the pennies on the dollar that the school is supposedly going to cause him. That new owner can affect all the same uses in R-1 today as a as a as they should be able to.

01:26:53,000	We could have a private subdivision just to the north of us, and they wouldn’t have to come back to this commission for any sort of rezoning or anything like that. Nothing. That possibility already exists today. So the difference, the difference is that we are not asking you to speculate on unknown future possibilities. We are telling you that this is what we are intending to do.

01:27:12,730	This is what we’re going to do now. This is what we’re going to do in the future. And that is operate a small, non-profit, nature based preschool with limited enrollment, daytime hours, fence, play area and guided supervised excursions onto our own privately owned property.

01:27:30,130	At the end of the day, I really don’t think this has become as complicated as it has been. You all have reviewed the ordinances. We’ve already heard testimony from both sides. I’m sure you guys have asked yourselves the difficult questions. Those that were here last time, those have had discussion about it with your colleagues.

01:27:51,330	Now, the question that remains is pretty straightforward in my mind, and that is what what actually changes if this application is approved. And I think it’s very little, the surrounding property owners will retain the same rights that they have today. If this is approved, existing firearm laws remain the same.

01:28:14,800	Existing hunting laws remain the same, existing property rights remain the same, the ordinances remain the same. The only thing that changes is a small, non-profit, nature based preschool would be permitted to operate on our property. And that’s the thing. It would operate during daytime hours, generally between 730 4:30 p.m. on weekdays.

01:28:37,070	So this proposed chaos and disturbance of the peace that this is going to cause, it’s not going to operate during weekends, it’s not going to operate during the evenings, it’s not going to operate on holidays. Extended school breaks, the activities are being that is being discussed is limited. It’s predictable, and it’s primarily confined to normal week time.

01:28:55,730	Daytime hours when many people are already going about their daily activities and working. So we respectfully ask that this commission takes this application to be evaluated consistently and fairly, based on the evidence that’s presented before you and the ordinances that are adopted by Burleigh County. I very much appreciate your time. Thank you for listening.

01:29:17,330	And of course, I’m sure you might all have some questions. Any questions or comments for Tim? Uh Commissioner. Patrick. Yeah. Uh, Tim, I have a question for you related to, uh, traffic on the road. I understand there’s some shop condos to the north. You that correct? Correct. And they’re managed.

01:29:38,430	By whom? Um, those those shop condos to the north of us. Uh, you got Prairie View workers? Yes. Living in those. And they’re traveling on that road. Yep.

01:29:58,200	How many would you say they have are up there? Um, I have not had any sort of firsthand experience, but my neighbors tell me that it is over capacity on what is actually, um, allowed for the apartments that were approved there. Um, so, I mean, it could be 12, 12, 15 people. Um, I said 15. Yes. Yeah. Would you? I also understand that, you know, a Prairie View has some property up there. And so they’re transferring heavy trucks and stuff out there.

01:30:19,500	Correct? Yes, sir. That is that is a common occurrence on our road. Um, Prairie view has flatbeds, um, all kinds of heavy trucks and machinery coming down 41st and 136. Um, also with all within those same daytime hours.

01:30:38,770	So would you say most of the road damage is probably because of the trucks? Well, Mr. Rochester, I mean, we’ve made a lot of assumptions, but yes. There’s a good share of it. I would, I would, yes, I would make the assumption that, yes, that that does have a good share of of what causes the damage to our, to our roadways. Yep. And, um, well, I that’s I, I’m finished.

01:30:57,170	Thank you. Uh, any questions or comments for Tim Commissioner Connelly? Just to reiterate some of the stuff from a month ago, uh, the kids are a we have a document in here that says 3 to 6, but it’s was 3 to 7 shared in the meeting. Correct? Yes. 37. Okay.

01:31:15,030	I just wanted to clarify that since there’s a difference on our documents. Thank you. Okay. Yep. No problem. Any questions? Comments for Tim. Commissioner Jarratt. Chairman.. My, uh, my question is. Is. And I appreciate all your comments. Um, but looking at this map to see all the neighbors that sign, the.

01:31:40,700	Are you referencing the one in the petition? Yeah. Okay, I’ll pull. That up. Yep. So looking at this, you know, and I see all, you know, a casual observer here reading this looks like all these that are noted are for the most part against the zoning change.

01:32:24,970	Um. Yes, sir. I believe the ones with X’s, um, are against. Yep, yep. Thank you. Um, so that looks like a lot that are right in that vicinity. Um, everything you, you, your comments and the way you’ve got this planned out all sounds fine and wonderful.

01:32:48,070	Why do you think there’s so many against what you’re proposing to do? Well. Uh, go ahead. And I know you’re assuming, but you obviously know more than I do because you’re in. Well, this and out there.

01:33:07,870	I think truly what what it boils down to is, um, some of the conversations that we’ve had over the past month, um, have really boiled down to the presence of children in the area. Um, the way that, um, they can and are very loud. I have two of my own very young children, three and and four years old.

01:33:26,600	I think a lot of it stems from, um, simply the fact that they do not want things to change. Uh, Mister Dr expressed, um, last time that he moved in there in 20. Well, 13 something years ago when he did so it was all pasture. Well, I mean, now there’s homes, there’s other things like that.

01:33:46,730	And and while I appreciate Mister Dr sentiments, I just I just don’t believe that’s a reality of our of our world. And I believe this school is is something that is intentional to make folks aware that, um, change is inevitable. But we can still look back and appreciate the things that are slower and that what make a rural community, a rural community.

01:34:10,170	So they are, in your opinion, against the school more than the zoning change? Yes, sir. Yeah. So probably they would not have any same issue with the zoning change. And I’m sure maybe some of them can answer that later. But I just wanted your opinion on that as well.

01:34:26,700	And yes, so as you know, I kind of addressed and yes, I do believe that the majority of the opposition is not um, the rezoning change itself. I believe it is the, the school itself that they are, that they are opposing. Thank you. Additional questions. Comments for Tim. Okay. Seeing none. Thank you Tim. Okay.

01:34:49,700	Thank you very much. Commissioners. If anyone else 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. Either. Baldwin. Applicant. Okay.

01:35:06,470	And I wanted to build upon that that, uh, while this is supposed to be about a rezoning, of course, we know it became much more than that, and it quickly became much more on that because it’s a school, and I promise I won’t be as lengthy as my as my husband here. But he’s spoken about the facts and he’s spoken about the ordinances and the evidence. And so I don’t intend to repeat any of that.

01:35:20,400	There is no question that this application meets the ordinances before you, and the findings of fact support that approval. And Patrick already addressed. Why? Instead, I do want to talk about something that can’t be measured in a traffic study or found in a zoning ordinance.

01:35:36,870	And I’d like to talk about children, because this did become about a school. So a few nights ago, I overheard a conversation between our children. As Patrick mentioned, we have a four year old, and our four year old son was talking to our three year old daughter about everything that’s been happening.

01:35:49,530	It was very cute and it was very heartbreaking, he told her, it’ll it’s okay and it’ll be fine. I just feel bad because they are the ones missing out. And he wasn’t talking about missing on this application, and he was talking about missing out on the magic, helping build forts, searching for frogs, watching birds build nests, planting those seeds, making mud pies, running

01:36:07,900	through the prairie. I could go on forever. It comes down to experiencing childhood the way children were meant to experience it. This is a screen free school, so that simple conversation changed everything that I plan to say tonight. Delete the word document. Start over. Children don’t divide the world into neighbors and opponents.

01:36:27,530	They don’t see the conflict. They don’t see winners and losers. They simply hope that more people will join them. So after listening to them, my heart kept coming back to one question what happened to the village? Everyone. Throughout these hearings, I’ve heard children described as traffic, as noise, as disruption, as something that changes the character of a neighborhood.

01:36:47,730	I’ve heard concerns about hearing them, about seeing them, or just simply knowing that they’re nearby. And I honestly can’t help but wonder, how did we get here? When did children become something to tolerate instead of something to invest in? And I believe that this process has revealed something that we should reflect on.

01:37:06,700	When did these small possibility or the possibility of a small group of children learning outdoors, create this much resistance? And we really need to ask ourselves why we say we value children. We talk about improving education. We talk about building stronger communities.

01:37:22,530	Yet when children are given the opportunity to learn, to explore, to grow in our own community, the response is often not here. And I don’t believe that’s who we are. And I don’t believe that’s who Burley County is.

01:37:39,030	And because wonderfully wild, it’s not just a preschool, it’s children learning to love very rural way of life and that very rural way of life that’s been described during these meetings. Respect for agriculture, respect for wildlife, respect for private property, respect for neighbors, respect for this community. And I do understand this change can be uncomfortable. But I do also know this. Every one of us was once a child making noise outside.

01:37:55,630	Every one of us couldn’t wait to get outdoors, and every one of us learned from adults who chose to make room for us. Children are not separate from our rural community. They are part of it. They are not an interruption to rural life. They are its continuation. This application began as a request to zone approximately eight and a half acres, close to nine.

01:38:14,200	Somewhere along the way, it became something so much bigger. It became a. Whether children still have a place in the communities that we say we value, whether they’re something we welcome or something we’d rather not hear, something we’d rather not see.

01:38:29,500	So I’m going to leave you with that same question that stayed with me ever since. I heard that from Ansel and Medora. What happened to our village? I do truly believe it’s still here, and I still believe that Burley County is a place that makes room for children. What questions can I answer? Any questions or comments for Mallory? Yes.

01:38:49,900	All the questions, but I just want to make sure I understand where you’re proposing this. This school is going to go. I can pull back up the pictures if that’s helpful. I feel like the map on the petition is very misleading. It does not show topography because it doesn’t.

01:39:06,630	Show trees. I’ll show right on the corner of 41st. No. It’s setback. It’s setback. Yes, yes. I don’t know how many feet I. Luke. I suppose. Going to about 150ft. Okay. Yes, Commissioner Patrick. Actually.

01:39:27,270	I think my understanding after visiting is that it will be away from both the north and south property line. Correct. And it’ll be away from the 41st Street. And as a matter of fact, the school itself will have a fence around it. Approximately one acre. A fence to keep the children correct from straying. Um, yeah. For safety reasons. Yeah. Uh, that’s that’s how I understand how how how tall is the fence? Uh, 5.5ft.

01:39:47,030	5.5ft. Um, they’re gonna have to be monkeys to get over it. And while we understand Chain Link isn’t the best to look at, we’re covering it in vines. We’re. I wish I could stand here up for hours and talk to you about all the the wonderful plans. Wonderfully wild is currently operated in Mandan.

01:40:02,270	And how large is your. Yard right now? It’s a quarter acre. So while it was brought up last time that, you know an acre isn’t enough to play in, I beg to differ. You should see all the things that they’re doing in a quarter acre. Any additional questions or comments from Mallory? Seeing none. Thank you. Thank you.

01:40:21,170	Do you want me to sign in again? Yes. If you could. Or did you, did you the first time you were up there then that’s fine. Okay. Perfect. If anyone else would like to speak in this public hearing on the Claude subdivision and zoning change, please approach a letter and let us know who you are.

01:40:36,830	Where are you from? And sign an. Okay. Sorry, I do this quick. Okay. Okay. My name is Jessie Grenz. I live in rural Burley County, just north northeast of Bismarck. To be honest, I don’t really have a stake in this game as it. Sorry I don’t have a stake in the game, so to speak.

01:41:06,600	I’m speaking tonight as a concerned citizen, if you will. I know of the wonderful wild Nature school only because I’m a mother of three, and after having my first son, my husband and I hope to seek out an education with more hands on learning, a smaller student teacher ratio, a lot less

01:41:23,300	emphasis on screen time, and a lot more outdoor time. We looked into wonderfully wild as as well as not in country school. Ultimately, we settled on homeschooling and that’s an opportunity that not everyone in our community has.

01:41:39,400	While I could stand here and tell you why, I feel the school will be a vital asset to our community, that is not what we are here for today. The issue before you today is that zoning change request.

01:41:57,330	Um, after watching the meeting last month, um, I felt really compelled to come up and speak to you because, um, while I have several talking points here, but what it really comes down to is what basis you all have for this request to be denied. Every opposition I have heard at this meeting or the meeting last, um, is in relation to whether a school is welcome or not.

01:42:13,270	I understand that plays a factor, but if these folks hadn’t been forthcoming about their intentions, I assume this request would have been approved already. It is disheartening to see them penalized for being upfront about why they are requesting it to be rezoned. They were upfront and honest and willing to answer any concerns of the neighbors.

01:42:28,800	Um, that from my understanding, they don’t even have obligation to do at this point. In my opinion, playing into this and denying this zoning change request at this point, due to their honesty, it will have future repercussions. People requesting such changes in the future will feel the need to be secretive and potentially even deceitful.

01:42:45,400	I feel like this will close off conversation amongst neighbors rather than encourage it. This lends for a community quick to get government involved rather than settling concerns amongst neighbors. I feel like this type of overreach pulls us further and further from the North Dakota. Nice. I’ve always been proud of neighbors. At the last meeting spoke against the rezoning, mentioned concerns such as fence being an eyesore.

01:43:02,470	Correct me if I’m wrong, but regardless of how the property is zoned agricultural or residential, they would be within their rights to put up a fence. Uh, Mr. Bitner, I believe at previous meetings you spoke about a fence that you are within your rights to build or to put up.

01:43:17,030	And so then you did, I, I would assume that they should have that same, um, ability. Another woman explained that she doesn’t want to see kids playing outside. Um, is that really a feasible opposition relevant to a zoning change request? She just noted her children like to swim in their pool and jump on their trampoline.

01:43:38,470	I guess I’m curious if she asked her neighbor’s permission prior to setting those up. It seems little of the opposing arguments are truly valid.

01:43:52,670	The concern for personal liability if an animal were to get out of a neighboring property and injure a child, would be due to the negligence of the animal owners, not of those requesting this change. It would be due to their adequate fencing, etc. the liability is there whether there are children because of the preschool or because of the family residing on the property. We moved out of town, oh, lost my spot. Sorry.

01:44:11,330	Um, to get as much of rural life as we could while still remaining close to Bismarck to commute for for work. Our property butts up to cropland and a pasture with cattle on the other side of that, we chose our lot based on our view, and every year we see the farmer planting.

01:44:26,030	We breathe a sigh of relief that we have at least one more year before it’s developed. Um, that’s that’s how development goes. Property nearest city becomes more valuable as a residential than it is as agricultural. And it gets rezoned, sold and developed. It was mentioned that the location of this request isn’t close to town. It is in the middle of nowhere.

01:44:45,530	But at one time where I live wasn’t just on the edge of town either. There are horses and cattle properties surrounded by homes on less than two acres.

01:44:58,470	Bismarck is expanding and that means that more homes will continue to be built and you will need to go further out, or buy a bigger chunk of land to have that deep rural feel. I understand the neighbors concerns and desire to keep their view unobstructed, etc. but that isn’t how it works. And quite frankly, I’m afraid of what can of worms.

01:45:12,400	This opens if a group of neighbors can get together and dictate what can and can’t be done in someone’s personal property when it truly doesn’t negatively, negatively impact them or infringe on their property rights? Are there any questions or comments for Jesse? Uh, Commissioner Connelly. Last name was when she said yes. Okay, yeah, I’ll bring it up in comments later if you don’t. Okay, okay. Just to verify. Yep.

01:45:36,730	Uh, any additional questions or comments for Jesse? Okay. Thank you. Seeing none. Thank you. If anyone else would like to speak at this public hearing on the cloud subdivision and zoning change, please approach the lectern. Let us know who you are, where are you from, and sign in.

01:45:51,170	My name is Heidi Ryder. I’m one of the affected property owners, I do actually touch the property, as do a majority of those signatures that you have. Again, my name is Heidi Ryder. My husband and I are one of those property owners.

01:46:30,800	Uh, if this rezoning request is approved that we will be affected, um, I’d like to read the petition, which, um, I see has been shared. Um, we wrote this as part of the June visit. Um, agenda. Um, I’ve never done anything like this before. I’ve never had reason to be here. Did not know all the rules of play.

01:46:52,070	Um, the petition says that we, the undersigned, property owners of Burnt Creek Township and our affected neighbors are writing to formally express our opposition to the proposed rezoning of the plat subdivision. Uh, address listed from agricultural to R-1. Again, you’ve already heard the increased density.

01:47:10,970	That is one of the undesirable things that we don’t want in our community. Um, the more people driving may not be buildings, uh, increase in traffic. Um, and I’m glad you went out there when the roads were really good. Um, loss of privacy for neighboring property owners.

01:47:32,070	Um, increased traffic, um, means, um, you know, like they said, people can get killed. We had a nurse speak last month in regards to her fear of one of the intersections that’s been on the docket since 2018. There’s land, topography, steep hills, etc.. Infrastructure strain.

01:47:50,530	Our current infrastructure, particularly the gravel roads, cannot support this additional capacity and there can be up to 30, if not more. There’s going to be teachers, there’s going to be groundskeepers, uh, people to tend to the animals, etc. um, the roads are riddled with ruts. They have been fixed more in the last 6 to 8 weeks than they have in the last two years. I’ve been out there.

01:48:07,330	Honestly, they’ve graded that road so many times. I don’t know if this brought attention. Um, but they’ve actually been grading it. However, the ruts keep coming back. It’s a base infrastructure problem. Um, and anyone that’s lived here will tell you exactly where those things are.

01:48:25,600	Um, even a half an inch of rain or 2 to 3in of snow can be very difficult to navigate. Uh, springtime road heaves, actually, um, I personally have bottomed out my vehicle out there. Um, so people that don’t know that will be a danger. Just driving with good old Mother Nature, ice, etc.. Property values. Again, this is a rural school.

01:48:41,570	There’s nothing in regards to that. But if I had a choice and that’s what we wrote on the petition, I would choose to have a property not right beside a school. If I wanted the rural lifestyle. And that was a draw for me, was to have the privacy and the rural lifestyle.

01:48:55,570	And this petition was made with input from our neighbors on their concerns in regards to this child safety and agricultural community. Um, one acre fence is not enough. They’ve already said that this is 1000 hours outside of child based activities. These children are going to be around the not only the 35 acres and the eight acres of rezoning.

01:49:16,670	They’re going to be on the other acreage which surrounds my property on three sides. Um, I was fortunate enough it was rather late. Um, but I was fortunate enough to receive legal counsel as to my liability as a property owner on two different scenarios.

01:49:33,330	Um, and I literally just got this today, thankfully, um, that there is liability for me if one of two scenarios my animals on, uh, there is an act of God and my animals escaped from my pasture, go in and injure or harass a child or cause property damage. There’s also the opposite. Children can’t read no trespassing signs.

01:49:52,570	I can put up a million of them. Well, maybe some of them can. Um, but there is also liability if the child wanders onto my property. And it is not only my liability, it is shared with the school, regardless of liability waivers and releases.

01:50:07,730	I literally just received this legal counsel in regards to this, including North Dakota statutes. ET cetera. And what would be anticipated if that position did happen? That will help me decide how much liability coverage I need from my home, because there will be several children. Um, enjoying the outdoors, which is great.

01:50:26,800	I was raised outdoors, and I think that all of those people that have that do have that extra, extra stuff, my concern is I have livestock. Um, so again, there is over 50% of the people that actually touch the property have livestock myself.

01:50:47,400	Um, the, um, cattle owner to the, the side who did not sign, but he has livestock and unfortunately cattle get out whether you have good maintenance or not. They get out. Um, you can have excellent fences. And unfortunately, it happens.

01:51:03,400	And, uh, gun rights is an important thing that’s been attempted to be discounted, but we are still supposed to follow the rules of the land. Um, I can still shoot my guns, I get that. And that was on here. We have 30 signatures from people. Not everyone was identical adjacent to the property.

01:51:20,730	Um, we have about 85% of those people that are actually touching the property and where the children are going to be playing. The other people are affected in the facts of the road maintenance, um, and the traffic, um, and they know what the roads are like. They’ve lived there for a long time. I would like to, however, thank the Claude preschool group for allowing me to get to know my neighbors.

01:51:37,130	Um, I’ve got to know majority of them. It’s been, um, an unfortunate situation, but good to get to know the people that are around you and realizing that we have similar values. Whether they decided to sign the petition or not. Um, we agreed on so many things and why we move to the country.

01:51:54,230	We moved to the country for privacy, to have our horses, livestock, cows. Bulls. Sheep, whatever you want to raise and enjoy that country lifestyle. Shoot our guns, raise your livestock, raise your bulls, raise your horses. I enjoy going for a stroll on the gravel roads.

01:52:11,270	Um, more traffic is going to be a concern for me being on horseback. I like to do that with my friends or go visit, um, neighbors on horseback. It’s a great icebreaker. I hope the county is prepared for the expenses of this rezoning request. Uh, financially and time wise. Um, there will be some losses.

01:52:28,870	I hope that the people that plan to attend this proposed preschool are prepared for gravel roads, road blockages, impassable roads due to snow, ice or rain. Um, I’ve lived in the country most of my life. You don’t need a blizzard in order to not be able to see in the country. And we’re going to be transporting children, uh, several miles in this. So that’ll be the parents choice.

01:52:46,530	Um, again, we have white outs without snowfall. You don’t see that in town. I don’t know how many of you actually live in town, but, um, that happens more often than I’d like it to be.

01:53:02,200	I hope the 3 to 7 year olds can stay concentrated on learning when we’re out enjoying our rights to shoot our guns and do target shooting. There was discussion on how far it was away from our properties. Um, my, our the school will be less than 150 yards from neighbor’s property on both sides, both to the north end, to the south. Uh, as there’s only 300 yards between the property lines.

01:53:19,070	Um, this non-profit school will benefit, will not benefit the county financially. Um, and with their 99 year lease, they will receive, um, I’m assuming tax breaks. Um, I don’t know about having to pay a lot of taxes.

01:53:39,030	If you’re non-profit grant money, that could be going to a public school or better yet, grant funds for veterans or a 501 C business that truly raises money for veterans is an example I can think of. But any business can be a 501 C. Um, thanks to the pavement exemption already approved for the subdivision. Uh, that hasn’t even been approved yet.

01:54:00,300	This will transfer any additional infrastructure cost to Burleigh County, uh, instead of to the donors requesting this R1 change you guys were talking about not exempting the rules. Well, that was exempted before this was even approved. So that is still not a question that has been answered to me. How that is possible. There is already, as they identified, a wonderfully wild preschool in Mandan.

01:54:17,430	Um, go ahead and build on their um, I was reading some part Ed Scott like eight acres. I don’t know how much their yard is, but they have acreage. Um, they have access to rural trails, etc. there’s that opportunity there as well.

01:54:33,330	This particular rural county, uh, Burnt Creek Township does not want a preschool, doesn’t want the traffic, the regulations that come with it and the expense to the taxpayers and the county, the preschool or land owning request has zero benefit for this community. And that is my opinion. But I don’t see any positive benefits from a financial standpoint.

01:54:51,470	I would kindly ask, um, that those neighbors of mine that either are inclined to speak here if they’re so, um, want to say something on their mind. Otherwise, I would like to have those present today that are against this rezoning request to please stand. So, um, there’s many people that couldn’t come because of work obligations, etc..

01:55:15,700	Um, and myself included, we’re all nervous about speaking in front of people, but the petition was a way for us to express our concerns, uh, express our thoughts and make our request. Um, and unfortunately, our community petition doesn’t seem to matter much to the commissioners. It didn’t matter last time.

01:55:34,770	It doesn’t appear to matter much to some of you on this board as well. But it does matter to us. We are landowners. We are property owners. We have embraced the world style.

01:55:51,930	If the wishes of one landowner is more important than 85% of the people that surround this property, and this property that’s going to be used for the recreation of children, um, then I guess democracy is broken. The the the word of the few, um, outright is the word of the many. So, um, I do have, uh, the legal recommendation for what the liability would be in those two situations. This is from the North Dakota. Um, Farm Bureau.

01:56:16,000	Um, and their legal team, because I am very concerned about my liability. Um, it is of small chance, but it is not zero. I have been kicked by my own horses for team. I have had, uh, cattle ranchers be kicked in the head and have to go to the emergency room because they were knocked silly. That’s their own cattle.

01:56:34,530	Um. Oh, mother, cows are dangerous. I don’t care what you say. They will protect their baby with their life. Um. And I have very good fencing. I would ask the neighbors who are going to have children on these 80 acres actually fence in their acreage.

01:56:51,330	That would minimize my liability so that I don’t look at millions of dollars in liability for a child that would wander into my property, or, heaven forbid, a tree falls down and negates my secure fencing at the moment, um, where an animal gets out and goes into the area where the children are going to be playing, that is truly a worry.

01:57:07,170	And I’ve actually been up at night worrying about how much liability checking with my insurance agent to see how much this is actually going to cost me on an annual basis to try to ease those worries. So that’s a little speaking in the heart, I apologize. I went off my script.

01:57:25,730	Um, this is, uh, very passionate for me because I do foresee this liability. I’ve been a livestock owner my entire life. So thank you for your consideration. I am in opposition to this rezoning request for the personal liability that places on me and my property. My husband, my future family, my livestock, my way of life. So thank you.

01:57:45,470	All right. Thank you. Heidi. Uh, any questions or comments for Heidi? I have a. Question, Commissioner Jarratt. Yeah. Yeah. Go ahead, chairman. Heidi, thank you for voicing your opinion. Um, a question are you against the zoning change? I am against the zoning change. Um, because, um, of what the land is going to be used for.

01:58:09,230	And yes, maybe I wouldn’t have known if they hadn’t, um, told me, but obviously we knew something was happening. Um, there’s there’s paths right along my pasture. Um, they’ve planted trees, which is fine. Um, but there’s paths right up against my pasture. Um, there’s paths looping around beside my pasture.

01:58:33,000	Um, I have a very secure fence. That was one of our big investments. We put up a permanent fence. We had it, um, surveyed, and we put up a permanent fence within our boundaries. Um, so that that was a long term investment. So it is a if you’re a farmer, it’s a high tensile, uh, three strand electrified fence.

01:58:53,200	It is built to keep in, uh, livestock, as in a bucking bulls. I mean, that’s what it’s built for. It’s not not your standard single strand wire or it’s not your barbed wire with, uh, two strings. I mean, this is meant to be a permanent fence. This is to be my home for the rest of my life.

01:59:11,000	And so my liability concerns are real in my mind. And someone can say they’re not, but they are. And I’m so glad. And I will gladly share that if needed. Um, the percentages of anticipated liability for the school, and they did mention in the legal document here of their legal advice is all it is.

01:59:32,200	Um, of um, in regards to each scenario. And even if there was a liability waiver signed by the parents of the children accepting this liability that will be negated in a court of law because children can’t read signs, blah, blah, blah, blah. Um, it could be 7030.

01:59:50,530	They might have 70% liability for the school or the landowners where the children were and wandered into my property. I might have 30%, but 30% of 20 million is a lot of money. So, uh, but it helps me quantify a little bit.

02:00:05,670	You know, they gave me numbers, um, and I’m just saying 20 million. I can’t put the price on a life of a child or a permanent disability of a child. Um, and my horses are £1,000, uh, bulls which are in the area, uh, are £2,000. Um, so they’re big animals. They may not intend to hurt a child, or they may, I don’t know, um, but regardless.

02:00:25,700	Thank Thank you so much. And yes, Commissioner Munson. Howdy. What? What color is your home? My color. Is tan. I hate it. If I was. Your neighbor. Do I have the. Right to ask you to change the. Color of your home? I haven’t changed the color of my home. Other people have changed the color of their home.

02:00:44,570	A few times. If I don’t like. Yours. and I’m your neighbor. Do I have the right to ask you to change your color of your home? I would say probably not. Okay. Why do you have the. Right to tell them what they can and cannot do on their property? Because of the liability of my property.

02:00:59,230	But actually, it’s not your property. The actions on their property. Children cannot follow the rules. But it’s not your property to decide. I have that liability. You have the right to have a tan house. I have. The ability to build. The house without a fence.

02:01:18,670	Go ahead and put a fence around the 80 acres, please. That is secure from livestock and children. From climbing under my fence. Please. Um, do you have a school in the county or in the city that does not have a fence where the patients play area? The play areas. Are. You know. Would. I’m hearing a lot of speculation, right? No.

02:01:39,030	And I have grandchildren. And I’ll tell you a funny story about that some other time, but I’m just wondering. Um, first off, do you have children? Yes, I have children. They’re grown now, but I’m going to be having grandchildren in the very near future. Okay.

02:02:00,070	Um, did you do you generally supervise your children? Do I supervise my children? Did you? Yeah. Did you, um. I didn’t have anybody for two miles where I was grown up and where my children were, so. Okay, I guess my point is, these people are attempting to do something to care for children. Right.

02:02:22,530	I mean, when the children are in their care with regard to this thing, it seems like the responsible adult thing to do would be to control those kids. You know, personally, if I’m responsible and I, they trust me with my grandchildren and I’m so thankful for that. And I do every day work very hard to continue earning that.

02:02:41,900	But when they’re with me, I mean, I would die for them. You know, what would I let them run in front of a bull? No. And so I’m I’m just wondering where where these wild kids would be coming from. Where the wild children are.

02:03:02,070	Have you have you had a large group of children? I mean, I had two children. I don’t have five, or I didn’t have 5. Or 6 kids. You know, family of six kids. It was as wild as. It gets. It’s wild. Yeah. And and it takes just one moment for someone to be distracted.

02:03:15,170	Um, I had a heart attack as a mother when my child got lost in a store because they wanted to go play and hide. So, um, you can argue that either way, that’s your choice. Um, but the liability is real. Um, and I do have, um, um, a legal opinion as to that liability. And, um, I literally just got it this afternoon, so. But regardless.

02:03:36,770	I would agree with you. There is some, uh, some substantial liability in everything we face. Mhm. You know. I think 30 children does not expand that liability at all. I’m sure. So. Any additional questions. Comments for Heidi. Seeing none. Thank you Heidi. Anyone else would like to speak at this public hearing.

02:03:58,670	Uh, please approach a lectern. Let us know who you are. Where are you from and sign in. Please. Good evening. John. Doctor on the neighbor. To the. North. I’m going to address this from. A little. Different.. Uh. Viewpoint. As far as. Uh. This comes off as.

02:04:35,530	So when you when we got our notification again and I brought this up before about the rural one says it’s going to be changed from rural one rural, single family resident. Uh, when you go on and you look at the rural one single family zoning, it actually comes up.

02:04:57,400	It shouldn’t be under it shouldn’t be considered single family residents dwelling because it’s not a single family dwelling. There’s no home on this. It should have come up under education Group for rezoning R-1 because that’s the use of it. It’s not being used for a single family dwelling.

02:05:17,670	So I think part of that in this zone change, it should have said rural one. And then under that on article, I think it’s article 12, section one talks about the Country homes district regulations states under R one promote use land for low density uses. Section two talks about the uses. Number one is single family dwelling. Number two is educational group.

02:05:40,900	So how does a single family housing and school end up in the same zoning as R1 one R1 for, uh, the single family is low density, low population, low noise, low traffic, and then you go to the second group, educational group, which will be high density, high noise, high traffic, higher population, which is going to

02:06:06,770	be the school. The school says it’s going to allow up to 30 kids, which would probably, I assume, maybe three workers involved with that, if not more. Um, that is not promoting what R1 stands for. R1 is stands for the low density. We’re not talking about a building.

02:06:31,330	We’re talking about kids, people, dwellings. Uh, so here’s what I found when rezoning started y R1 and why schools and churches are under R1. In the early 1900s, the city planners started including churches and schools in with the community.

02:06:55,570	Because of the access for traveling so that they could walk to school, walk to churches because of the lack of automobiles and such. That is how that originally started. Bismarck was one of the 62 cities that zoned in 1924, started zoning, and in 1923 they and started the standard State Zoning Enabling Act, which was adopted by Bismarck Mandan. I mean, Bismarck, Minot. In Fargo.

02:07:23,130	You can find that on bismarck.gov. As transportation increased over the years, especially since most has most people have a car as they they can go to school in town, they no longer need these R1 uh, schools and churches in with the residential.

02:07:45,730	That was only because of the need for the kids and the parents to be able to walk. There wasn’t a transportation, the buses, so on my understanding is the early colonial adopted many of the Bismarck zoning ordinances. This of R1 education group or schools is no longer relevant in our society and should no longer be there.

02:08:04,800	I talked to Marla about when’s the last time R1 education has been used, and she said she’s been here 12 years and it hasn’t been used. One time. I think that says a lot. As much as Burleigh County and Bismarck has grown, and that ordinance under rural one R1 uh education group has not been used.

02:08:29,330	One time. And we could go most likely back further than that because the city handled the committee, the planning and zoning starting in, I think 2014. About I talked to them today and they couldn’t come up with a for sure when it was used last, but it’s really an obsolete use of R1.

02:08:53,500	Same with churches because that does not fit what R1 stands for. Low density snow and so on. To me this would be considered spot zoning, meaning the rezoning of a specific parcel or area of land to allow for uses significantly different than the surrounding properties. There are no big subdivisions here.

02:09:23,200	Mitch mentioned, I think, something about a mile and a half of the nearest subdivision, which is the ranch. Uh, it’s more like three miles away. It’s not a mile and a half when you come off I-80, highway 83, and you go east on 136, and once you get over the bridge, it’s gravel from that gravel road on 136 going north

02:09:46,200	on 41st to the Claudius approach is seven residents. That’s how rural we are. Let’s talk about the notification of residents within a quarter mile. Why is it send out? I found this on the internet. That makes good sense.

02:10:09,270	It’s to provide orderly growth and give the neighbors a voice on how the land is being developed in their area. If you look at the map that I put up there with the with the XZ, you will see everyone that has an X sign the petition. It shows that we, the neighbors do not support subdividing this property into an educational school. It is not an R one single family dwelling. It is a school.

02:10:33,200	The properties that have a yellow dot on them are the properties that have a home on them, and it might not be in a it was black and white. It might not come out as yellow.

02:10:49,770	The neighbors in the neighborhood should have the loudest voices of all, because they are the most affected by the proposed change. And I, I understand Heidi’s, uh, why we’re not putting more weight into a petition that actually specifies of what we are against because of what we why we bought out here, what we expect in our living as a rural, and why the county wants to push that out on us.

02:11:13,270	Speaking of the neighbors, the cloud has never contacted any one of us that share a property line and signed the petition in the last 30 days to talk to us about their school. I think that in itself speaks about what they think of their neighbors. Nobody came to us.

02:11:29,870	In fact, the last meeting you got the best explanation of anybody of what they were going to do on June 8th. I mean, June 10th, because none of us got anything close to that.

02:11:52,630	Also, the last meeting they brought up, not an elementary school, Apple Creek Elementary School, trying to compare what they’re doing. These schools have been in existence since the late 1800s, and the significant significance difference is they are a public elementary school, not a pre-K private school. This school will not serve the community or the neighborhood in, in, in. And there’s no need out here out there for us.

02:12:13,000	What will this school serve our community? Our neighborhood is 136 41st Street. How is that serving us when most likely those kids are not coming from our community? It’s a private it’s not going to be a public school. You have to apply to this school. Uh.

02:12:36,630	The school will not serve the community, neighbors in it or the need, so there’s no need for it. This school does not benefit our community or our neighborhood at all. What it would do is bring increased traffic, increase noise, less privacy. Everything that R-1 does not stand for in the ordinance book.

02:12:55,200	Article two, section five, number four says to discourage the subdivision of land that is far in advance of the needs of the county. Article one, section one. Under the purpose, talks about keeping safety, reducing congestion on roads, considering property values, keeping peace in the neighborhood. We’re trying to preserve a way of life that maybe people don’t understand.

02:13:17,600	We value our peace, our space, our privacy. Julie and I moved to the country 13 years away to get away from the schools where we used to live. There are two schools now about a half mile away.

02:13:34,230	We would appreciate a no vote on the Claudy subdivision for these reasons. The number one, it’s an old use of our one that is no longer relevant in today’s society. Most of these type of schools are in town or close to town, and can be traveled to number two. It does not benefit. The neighborhood is not a public school, nor is it required teaching.

02:13:53,200	It’s a pre-K school. Number three, it will take away our privacy, our peace, our property values and damage our roads. Number four is four miles outside the ETA. Why are we pushing out further for no reason? You brought that up, mike. Last time.

02:14:16,870	The ETA 7570 first Street or Avenue is the city limits. One tenth is the ETA. We’re four miles past the ETA. I’m not understanding the need to take away and push out and take away the rural lifestyle.

02:14:38,370	Number five, we, the neighbors, have spoken with our voices, our calls, our emails, our letters, and more than anything, with the petition that speaks loudly of how we feel about having this school out here. By the way, I did contact a realtor, and he wouldn’t touch this with a ten foot pole because of the social media and what’s going to be put out there about you don’t like kids, you don’t like education, which is all not

02:14:57,600	true. This really would be. And number six, this really would be considered spot zoning. All of the properties are either zoned AG or R-1 single family dwelling that I’m aware of. This is zoned R-1 education Group. That’s what it should have been put on as R-1 education Group.

02:15:17,930	I really believe that these should be when you send these, when these are sent out, they should be more transparent. It’s deceiving when it says R-1 single family resident, everybody would think, oh, somebody’s putting a house on 8.4 acres.

02:15:36,930	But if you use the actual use of it, which is an education group, it comes off as a whole different thing. It’s a whole different monster. We love kids. We love we want them to have a great education. We it doesn’t need to be out here. It doesn’t. The big thing is it doesn’t serve our community.

02:15:55,670	It’s not a public school. There’s no need to for this county to push this, this out this far already and take away our, our, our lifestyle out here for no reason. What we’re asking is to please preserve our way of life. There is no need to push a school on us that will not serve our neighborhood and is not wanted.

02:16:18,600	If you approve this, it will change the lifestyle of everyone next to the Claudy subdivision and beyond. So again, I just there’s it’s an outdated policy of using schools and churches as our ones. That’s that’s one big thing and there’s no need for school out here.

02:16:39,770	It’s not a public school. What is it? How is it serving the neighborhood? Unless you want to say the neighborhoods, all Burleigh County. But I just think with the ETA four miles away, keep it in the ETA. There’s a reason you guys got the CTA for miles, right? Why are we pushing so far out? That’s my.

02:17:01,870	That’s my concern. So if you have any. Questions, any any questions or comments for John, uh, Commissioner Connelly. Since you said my name specifically to the ETA, I was actually saying that we worked on reducing the ETA. The four mile buffer is no longer there for the most part.

02:17:22,670	Um, 40% of our 60% of raw land still in the ETA, but, um, 12,000, nearly 12,000 residents are all back into the county. They’re no longer part of the ETA. Um, it’s 240 residences, I believe remain in the ETA. So it’s actually less. It’s not what it was before.

02:17:44,600	Um, so just to clarify that portion, the other portion is in your letter, you kind of, um, you stated both you talked about depreciated values on property and, um, on one side, but then you said, is this going to increase my taxes? Well, the, the, um, increasing in taxes would come from the value going up. No, increasing my taxes would be bad roads.

02:18:10,330	And the county needed more money. Not, not not a higher value. I’m talking about increased property taxes, maybe to cover the road damage and things along those lines. Not. I’m not talking about, uh, if you had a choice, and I think it’s pretty. This isn’t complicated.

02:18:28,870	If I got a choice, I want to move out to the country, and I got a place beside a school, and I got a place out here that’s all by itself. Or has neighbors that have a house. I’m picking the place with the neighbors of the house. By the way, when you said about it being grassland.

02:18:47,000	Yeah, it was pasture beside you. I had no problem then building the house beside us. Nobody ever thought that was a problem. In fact, we went over there and welcomed to the neighborhood what was the problem was, is nobody mentioned a school coming, which was most likely the plan all along. So that’s my thing.

02:19:07,270	I have no problem with them having a house over there. I got I got nothing against him, period. I mean, this isn’t personal. I’m protected. I want to protect my way of life. And I see no need for this school to go up out here. Uh, any additional questions? Comments for John, I.

02:19:24,870	appreciate that clarification because that was a nuance in your most recent letter. Yeah, I hadn’t said one in this last time. This I would have been from the. Yeah. Any additional questions or comments? Seeing none. Thank you John. Thank you.

02:19:43,070	Anyone else would like to speak at this public hearing on the Claude Claude subdivision and zoning change, please approach the lectern. Tell us who we are, where you’re from, and sign in. I’m Kathy Quintus. I am the director and main teacher of wonderfully wild. Thank you. I just wanted to address a couple of things that came up.

02:20:18,200	I can’t speak to the roads or the property values. I can only speak to what my expertise is. Um. I am a licensed teacher. I have a master’s degree in early childhood special education. I taught in public schools for over a decade. The one reason I left the public schools was because we need something more for our children.

02:20:35,400	Um, seeing how the the rural schools are more connected to the world around them, their communities, um, we can hear both sides. We can see that there there really is not the, um, you know, way back in the day of families and neighbors being connected.

02:20:54,730	Um, I’m hearing that this, you know, we’re kind of made out to be an elite school. I think that’s because we are rare nature schools are much more common in other states. In other countries, we are really a first for North Dakota.

02:21:10,070	And that comes with some of these growing pains of, you know, where do we fit in? What can we do? How can we how can we build and expand on what we have? Um, knowing that there are these country schools that are successful knowing that we, you know, I’ve taught in town, I’ve taught, um, young children. Now I’m working with them in a different capacity of where we go out to these river paths.

02:21:29,800	We go out to nature, um, we deliberately have a lower, uh, student to teacher ratio just because of the safety aspect. We will have our, our 5.5ft fence. Um, I work with students that have special needs. We take very specific precautions to ensure that our students are safe. I know that there is a liability.

02:21:51,200	We have liability insurance, too, because you never know what can happen. But in my 18 years of teaching, we have never had a serious injury of any student in my care because we we protect them with our lives.

02:22:06,900	I mean, you see the student, the teachers that protect their students from school shootings, we would hopefully never have something that is that extreme. But knowing that there are livestock, you know, in pastures across the way, knowing that there are horses, you know, fenced, and our students will learn that respect of, you know, that is the neighbor’s property. We don’t go over there and there are, you know, so many things that are speculated.

02:22:24,730	I think that anyone who like to have a conversation and know more about the nature school, I would love to visit with them just to show the benefits, to show the precautions that we take, to show that this is not something that is new and scary.

02:22:38,200	It’s something, you know, that’s really exciting and that I love that we’ve started in our community and are hopefully expanding now, and I’m open for any questions. If anybody has anything for me. Uh, any questions? Any questions for Kathy? Questions, comments? Yes. Commissioner Connelly.

02:22:56,400	With it being 15 to 30 kids, um, oh, because there’s a lot of conjecture going out there that there’d be multiple people out there and things. How many people within that safety that you talk about would be on the premises in order to keep everybody safe? And the education at a high level.

02:23:11,830	If we would go to our max of 30 kids, which again, is questionable if we’d ever reach that, um, it would be likely four or more adults with these 30 kids. Okay. Can you please clarify what four or more does the more it’s rather non defined. No, that’s a good point. I would say, at least for full time staff. Um, I am open to part time staff as well.

02:23:33,200	For example, I, we have our bikes so that if we have students that cannot safely listen to my direction, then they are buckled in our bike. So we’re going on these paths. They are safe with us. If we are doing, for example, a field trip over by the pond.

02:23:48,870	If I have students that need one on one attention, then we’ll have part time staff that come and work with them. I can’t give you 100% answers because our class changes every year, are dynamic, is really based on the students that we have. Um, we are. Can you define maybe a not more than.. So we. We would have ah, the our ideal ratio is 1 to.

02:24:11,130	7 okay. Thank you. Yes. Any additional questions. Comments for Kathy. Yeah. Commissioner Connelly or Commissioner. Excuse me I’m looking at Connelly Streifel. Uh, I just had a question. So the the paths have already been made, and you’re going to be riding bikes on the paths with the kids. That’s a good part.

02:24:33,170	Is this on the 35 acres? That’s right beside the school, or is this on the acreage that’s behind the other property owner? And are these all these children are going to be taken out on onto this ag land.

02:24:51,100	So right now the paths are really for the trees that we’ve been planting. We’ve been going out and planting trees just about every weekend for months to try to get some of our trees established. We have apple trees and plum trees, and we really want to, you know, teach the kids that you grow the food that you eat.

02:25:05,000	There’s kind of that disconnect in today’s society I won’t get into. But, um, so the paths that are there are, are defined just by the grass being mowed. And it’s to make it easier to, um, water the trees.

02:25:23,670	So we have paths going around our eight acres, almost nine acres, and then into the 35 acres behind because we planted trees back there, we so the paths will likely change as we get going by bike. Can’t do hills very well, so we will have to determine where the where the bike path can be. Make the most sense if that makes if that clarifies it at all.

02:25:40,200	Um, so we have paths for the trees right now. We will have more paths for the bike as we, um, hopefully get into business out there. Okay. More questions and comments for Cathy. Questions, comments. For Cathy. Are you sending it out? What’s going on? My hearing aids. Um., Commissioner. Commissioner Risch, did you have. Something? No, no, I didn’t have anything.

02:26:08,530	Okay. Thank you. Yeah. And just so it’s correct in the record. Sorry. Yes. Cassandra. Yep. Cassie. For short. Getting them all wrong tonight. All right. Cassie, any questions or comments for Cassie? Yes. Seeing none. Thank you. Okay. Thank you.

02:26:28,270	If anyone else would like to speak in this public hearing on the cloud subdivision and zoning change, please approach, lecture and let us know who you are, where are you from and sign in. Anyone else like to speak in this public hearing? And last call for the public hearing if anyone? Yep. You can approach the lectern. Yes. But keep it brief if you could. Sure.

02:26:49,370	Yeah. Um, Patrick. Claudie. Um, the property owner. The one proposing, um, this is less for the commission. Uh, more for the folks that stood up.

02:27:13,700	Um, and and it’s more a question of what? What do you have to offer? John talked about that this educational facility has nothing to offer the surrounding community, but the people around us, they have talents. They have jobs. They have interesting jobs. Heidi herself, she’s a pulmonary specialist.

02:27:29,230	You don’t think the kids would love to go over to Heidi’s house or have Heidi come over and explain to them, hey, this is how the heart works. This is how the body works. This is this is something that we want to have our neighbors be involved in, whether they choose to be or not is up to them. But the question I asked them is, what do you have to offer? You have something to offer.

02:27:51,070	If we are sitting here and stating that I’m just going to take care of mine and, and and forget everybody else, then. I had a I had a neighbor telling me that we are we’re making enemies by by doing this. That wasn’t our intention. We’re not trying to make enemies.

02:28:09,200	We’re really not, um, I just I just asked them to consider what what they have to offer because I, I believe that they do have more to offer. I believe they have unique talents. I believe they have unique jobs. I believe they have something that what we’re trying to do here can find beneficial.

02:28:28,400	And so I encourage them to think about that when they go home tonight, because we would really love to have them support us and be a part of something that, like I’ve said, we believe can make a lot of good and change. Any questions? Comments for Tim. Seeing none. Thank you Tim.

02:28:44,400	Thank you. If anyone else would like to speak in this public hearing of the subdivision and zoning change, please approach the lectern. Let us know who you are, where are you from and sign in. And this will be the last call for the public hearing on this subdivision and zoning change.

02:29:02,000	Is there any reason that we would need to continue this public hearing? Okay. Seeing none, we’ll close the public hearing and go into discussion and action on the Claudy subdivision and zoning change. Yes, Commissioner Streifel. Chair. Commissioners.

02:29:25,500	I just, um, being as I made a motion last time, I just kind of wanted to to speak to some of the concerns that I had and just kind of share a little bit of my thoughts. Um, there, there are the things that I struggle with are spot zoning, setting a precedence because, um, it’s I actually also live on 41st Street, but I’m not as rural as this area.

02:29:48,100	Um, so on the road that the gravel road that I live on, there’s five rectangle shaped 40 acre plots, parcels, and if every single one of us decided to take a little corner of our land or a little piece of our land, let’s just say eight, nine acres, less than ten.

02:30:06,770	Um, so it wasn’t a it’s going to be zoned R-1, and we got five of them right in a row. We got a single family dwelling, we got an education group, we got a church, we got a golf course. And so now we’ve got five different properties where we’re going to have a little spot in our land.

02:30:25,030	That’s going to finance our way of life or for whatever reason. But that’s where I have a concern, is that it sets a precedence, where once we start with this, we’re going to have trouble not saying no down the road.

02:30:44,030	And I have four neighbors all side by side with these long rectangles all coming out on the same gravel road. So if all of us have our own little nine acre piece, spot zoning, um, we’re gonna we’re going to end up with some concerns.

02:31:01,070	Um, I do have a concern with the activity on the ag land because we, we went over and over that when we were going over ag tourism, and it wasn’t something that we were that we were in support of. And then just my last concern is that if we have 85% of the neighbors that really don’t want this way of life or this in their neighborhood, it’s it’s a concerning concerning for me. So those were just my things that I was struggling with.

02:31:19,230	I just kind of wanted to share to share that. And then I was also going to disagree with the comment that said the commissioners would have just stamped approval if we do not knowing what this was for, but but we’ve rarely just stamped approval for R-1 being right in the middle of a tag that rarely

02:31:40,070	just gets stamped, you know, approval. There’s a lot of questions that go along with that, because we’re changing the use of the land and it affects everyone in the neighborhood. So I just wanted to share those things before we move on to more discussion. Thanks. Uh, additional discussion or action Commissioner Bitner.

02:32:00,870	Thanks, Mr. Chairman. Um, you know, I’ve been involved in the in the planning and zoning in, in Burleigh County now for more than 18 years. You know, I started on the getting appointed to the City Planning Commission, and we’ve had a number of people mentioned what you just talked about was spot

02:32:22,730	zoning. I think the difference in this case, based on my experience, is that this is actually included in our ordinances. This is not a new anything.

02:32:45,200	So, um, with respect to the comment earlier, that it’s something that’s outdated and whatnot, I have have really no response to that because it’s been in the ordinances for, for well, certainly as long as I recall. And so I don’t see it as spot zoning.

02:33:03,800	And, um, I think with respect to your other comment about, you know, if one person wanted to do a school and another person wanted to do a church and another person wanted to do a golf course, and another person wanted to do something, now isn’t that what property rights is? Isn’t that what what I expect when I buy property, that I know the rules and I buy the property and I follow the rules? How, how how is that different from you not wanting me to do that? I mean, I, I

02:33:27,870	have rights, you have rights. And and I think we need to evenly apply ordinances and and not be arbitrary and capricious and all that sort of thing. We have to follow, you know, our responsibility as commissioners really is to follow the laws and the ordinances and whatnot and make determinations based on does this meet ordinance or

02:33:53,530	not? You know, there. I would have really preferred that this subdivision did not go in north of my property. I would rather not spent hundreds and hundreds of thousands of dollars buying land to keep it further away. But it did. But I didn’t try to stop subdivision.

02:34:16,500	I just kept it a little further away. And so, you know, while I didn’t want to see it, I certainly couldn’t be one to stand up and oppose it because I didn’t own it. Thank you. Mr. Chairman. Oh, yeah. Commissioner Patrick.

02:34:34,970	Well, I think that decisions have to be made based on what is said in the ordinance is not on on feelings or or emotions. And I think that’s one of the problems that we have here is people are emotionally involved as opposed to looking at what the rules really are. Um, some other concerns. You know, people talk about, uh, I saw last month’s meeting.

02:34:54,400	There was a discussion to talk about, uh, no wildlife. Well, I got to tell you, I live on just 2.2 acres. In a development north of town. We have deer, pheasants. Uh, we have all those animals going through there. See them every week, at least to the minimum. Turkeys. Uh, I wish somebody would come and shoot some of them.

02:35:14,600	But. Um, you know what? What I do on my property. Because it’s R-1, what I do, my property is my business. And I agree with the commissioner. Mr.. So I’m going to make a motion that we approve the Claudy. Uh. Uh. R-1 subdivision and send it to the county commission.

02:35:32,770	, second subdivision and and zoning change. Yes, yes. Second, uh, it’s been moved for approval of the Claudy subdivision and zoning change by Commissioner Patrick, seconded by Commissioner Munson. No. Was. There you go. Oh, sorry. I thought. I got you. I, I yes, Commissioner Connelly. You to it. All right. Is there any discussion on the motion? Um.

02:35:55,470	I’d like to add to it a little bit, but I, uh, agree, I, I was a little bit remiss in the fact that, um, the petition was shared last month, and there wasn’t a copy provided to us since we tabled it, and that I did go out there on four

02:36:13,030	different occasions. One of them was a rainy day. Um, her, uh, commissioners trifles. Um, I did also reach out to the people I could and I appreciate it for the ones that, uh, um, discuss things with me. I’m not going to state names because they’re neighbors.

02:36:37,470	And I mean, we don’t need to make it, um, worse or anything, but, um, one did share with me that when the petition was brought, uh, they didn’t read the petition, but the primary part of the conversation was about hunting rights. And that’s the only reason they signed the petition.

02:36:53,600	When I mentioned kids, they said they were all four kids. So, um, not having the petition ahead of time, that creates some heartburn for me. I talked to another person and we talked lengthy about a lot of different things, and it went down. And that comment came as, I just don’t want kids near me. That hurts my heart a little bit too.

02:37:13,000	And that gets into the emotion. There’s enough findings of fact, like Commissioner Bitner and Commissioner Patrick mentioned to where, um, I don’t know how we would say that there’s reason to not approve, but as far as how we are as a community, how we try to grow those better places, sometimes

02:37:34,070	it’s the people that come up with the idea that makes us unique to where we can grow into the better. And instead of just shutting down everything that comes near because we fear that change, we have a lot of challenges within our school system. I was a foster parent.

02:37:50,630	I know other foster parents, and we got big challenges. And this is the impressionable ages 3 to 7. I think this is worth the swing on that regard. Off tangent there. Is there any more discussion on the motion? Commissioner Munson. You know. Sitting on this board, whether it’s the county. commission or this one, we receive phone.

02:38:13,500	Calls often. Uh, and this this subject is probably I’ve received more phone calls on this than I have on others in the past several months. Um.

02:38:32,570	And my question back to every caller was if I opposed what you did on your land, do I have an opinion? And I didn’t mean to pick on Heidi. That was probably that was very unfair, but that my my question was the same to everybody. If if you raise cows. And I decided I was your neighbor and I decided you should only raise sheep, do I have that right? And every one of them responded, no.

02:38:53,000	Well, when we get back to property rights and personal property rights, and I think that’s the most important part here is I appreciate everybody’s opinions and everybody’s desire for their property. And that’s our job is to protect their property rights. No different than the clods. And so I support the do pass recommendation.

02:39:17,530	Is there any further discussion on the motion? Any further discussion? Seeing none, we’ll move into a vote. Uh, Marla, if you could take us through a roll call, vote on this. Okay. The motion is to approve the subdivision and zoning change. Um, Commissioner Munson. Yes. Commissioner. Patrick. Yes. Commissioner Risch. We might have lost him. Commissioner small. Yes, Commissioner. Streifel. Yes, Commissioner. Bitner. Yes, Commissioner. Connelly. Yes, Commissioner.

02:39:53,900	Jarratt. No. Um. Chairman. Agree? Yes. And without, um. Commissioner Risch, it’s 7 to 1 for. The, uh, Claudy subdivision. And zoning change will go to the, uh, County Commission with a do pass recommendation. That is all of our hearings for the evening. Uh, we’ll move into our other business.

02:40:23,770	We have a moratorium that will be considering tonight. That is a data center moratorium, and it looks like. Mitchell, give us a little more information on that. Commissioners. Mr. chair, um, it has been brought to taking notice of the potential to be identified as locations for data centers within Burleigh County.

02:40:52,070	Uh, I had talked to, uh, some folks about a month ago about a possible data center, but that was for 400 megawatt facility. The, um, ordinance that I wanted to work on and develop is for a, uh, a data centers that are less than 50, 50MW or 49.9MW.

02:41:21,530	Um, it is um, we discussed this at the, uh, when we were writing the other ordinance. We discussed this, and it’s we wanted to tackle the larger ones at first and do the smaller ones later. These are much more intricate. Uh, it would involve all kinds of districts besides the industrial, the 50MW are required to go to period. There’s no exceptions to that.

02:41:42,270	These these data centers would have the possibility going from residential to commercial to any of our districts. Um, because it’s you can go from one megawatt to 49.

02:42:06,270	Uh, there, as you may recall, there was a Senate bill two years ago about allowing data centers down to one megawatt in residential or commercial zoning by the state legislature. That local zoning would have no say in that matter. So we need to develop this and work on it. We haven’t had any petitions or requests to, uh, to allow this or allow them to build it.

02:42:31,870	It kind of behooves me to question somebody’s rationale for one megawatt of electricity going into a single family house. That’s a lot of electricity. That’s a lot. That’s a one megawatt is 1200 amps in typical house, has 100 to 200 amps, sometimes 400 for these larger ones, but 1200 amps of electricity is a lot of electricity going into that house.

02:42:52,230	And I’m not sure that the electric company doesn’t even do that. But we have to kind of recognize this, that it could be a possibility. Uh, so that’s what this resolution is for the moratorium to be in place for a year. And I apologize. I made a mistake of on this resolution.

02:43:12,330	I’ll change it for the county commission, but it’s it’s less than it says, states the less than 100MW it’s supposed to be, less than 49.9 acre, uh, 49.9MW. Okay. So so less less than 49.9, 49.9MW. Because we are the existing ordinance is 50MW or more. Okay. So this moratorium would be only for anything under 50MW, anything 50MW and more is already covered by.

02:43:40,330	Ours, is already already. Covered by our ordinance. This moratorium does not affect that. Exactly. Okay. I just want to be clear on that. Okay. Yeah. Questions for Mitch. Yeah, yeah. Go ahead. Uh, Mr. Chairman. Oh, yeah. Let’s go. Commissioner Risch. Okay. Um, thanks for bringing this up.

02:43:58,730	And I’m all in favor of it, but when I look at the cover sheet, it says a one year moratorium. What? I want to look at the actual resolution. It just says temporary moratorium. Should we change that to one year? Uh, Mr. Chair, uh. Where. Where does it say temporary. On the now for their be resolved on the second page. Only the first.

02:44:23,000	Sorry. The first sentence. Uh, second line on. Page. I think. So, I mean, it talks about one one year, the first page explaining it, but then it says temporary. So I just thought it might we might want to make it more clear that it’s a one year. Mister chair. Yeah. I’ll, I’ll. Okay.

02:44:42,570	All moratoriums are meant to be temporary. The time length would be set by the county commission, so we could go one year. Okay. Or as. Long. as six months. I mean, I agree with Commissioner Risch. As long as it’s clear, though. Yeah, it’s. Yeah. Commissioner Bitner. Yeah.

02:44:59,600	So I, I’m maybe a little confused here. Um, it seems to me that if something is not covered under the ordinances, can’t do it, then it’s not allowed. Correct. So what do we gain by doing a moratorium on something that’s not allowed? Right. So you can’t walk in and do a 49.

02:45:30,030	9MW data center today? Right. Some in in some opinions. That’s correct. Well, in. Other opinion, yeah. That’s right. Yeah I mean our. our our our ordinances, prescriptive or not I mean that’s that’s. The question. You know, I’m not I’m not opposed to the concept of doing that and getting some additional ordinances in.

02:45:48,430	Seems to me we could put it on the schedule or put it on the agenda for the next meeting to just change from, you know, uh, take out 50 and above, if that was what we wanted to do, we could just change that existing ordinance, because I think we put a lot of work into that.

02:46:05,430	Yeah. It was so what’s, what’s what would be the downside of doing that versus a moratorium? I don’t think we need to send a message that, um, um, that we want nothing to do with them in Burleigh County.

02:46:26,400	Now, we all understand the thing of, I don’t want you jacking up my power rates. I don’t want you wasting my water. I don’t want you hurting my land or my neighborhood. We all know that. However, I’ve also understood there’s been some big shifts in that industry that is addressing a lot of the concerns that most of us share.

02:46:47,530	So I’m I’m just concerned about sending a message that we may not really need to be sending. Correct. So I’m a little confused. You know. Mr.. Yeah. Commissioner Munson. And I’m in the same boat. I’m I’m never for a moratorium, ever.

02:47:06,570	Um, and I know Mitch has put a lot of work in the last ordinance, and, and, uh, Commissioner Bitner has got a great idea. I mean, we could certainly take a look at the current ordinance and make a recommendation. I’m assuming we’d have to have a public hearing to make the changes, but that’s a much cleaner way of doing it than telling everybody our doors are. Closed for a year. For a year. Right? Yeah. Mr. Elwood. Uh.

02:47:26,530	No, I guess I just wanted to get your answer on that. Mitch. Would that would that idea be. Is that a valid idea as far as just changing the number? It certainly. Is in the Or. It would certainly be easier. Okay. But nothing nothing really good.

02:47:44,800	Sometimes it’s created by doing it easier. I would say that that ordinance is very restrictive. They’re regulated to one district only. And that means for 80/50. Now, if we were to say from one megawatts up, they would have to rezone to a industrial. industrial that would place an extreme hardship and extreme, uh, inflexible allowance for, you know, land use.

02:48:09,830	But we could we could instead of just changing the number, we could also change some of the verbiage. Correct. In the, in the ordinance and not necessarily have to have a. Or they come in for a special use permit that is heard here and goes to the county commission. Um. That’s true also.

02:48:26,930	But Commissioner Streifel, you you had something. I was just. Wondering if we did a change to the ordinance, could that be incorporated into the ordinance changes that we’re currently doing? Could we could we work it with that? Yeah. I don’t know if. I’d yes, we could, uh, Mr. Chair, certainly we could, because those ordinances have made heard in a public hearing yet.

02:48:44,400	Uh, they have that this would not have been vetted to this board here yet, because that’s what I spent almost the last year on those nine districts that we’re working on. And we went over there with fine tooth comb. And so we’ve got I think we had a pretty good set of changes to that.

02:49:01,470	This one is this particular idea is much more complex. Yeah. The DCN up on, uh, on 43rd, 33rd Avenue, Dakota, the carrier network or. Yeah. How many megawatt is that? That’s one megawatt. That’s one. Okay. Yeah. And they that is a a really well run I mean incredibly well run facility.

02:49:23,870	We did a tour of that about two years ago now if we have for those type facilities, I think that we should have an ordinance that fits that and it allows it. And it’s like the same thing for commercial use, not just necessarily on these big ones, but it’s it’s getting into the smaller ones.

02:49:47,000	Uh, possibly in the residential use that that gets extremely complicated. And so there is one, one side of the fence that they think if it’s not in the ordinance, you can’t do it. That’s in other people’s opinion that’s not accurate.

02:50:06,530	If the if I mean, if that were the case, then we wouldn’t need a data center ordinance at all. So I mean, I, I, I, I’m always under the impression that if it’s not in there, can’t do it, can’t do it. But then then why do we need a then why do we create an ordinance. So we kind of it’s kind of like it’s almost both sides of the coin.

02:50:23,670	But I think I would rather and I don’t know, please give me your opinion on this, but I would rather not do the moratorium. I would rather have the data center ordinance come here. Uh, at our next meeting.

02:50:38,300	Does not roll it in with the with the with all these other ordinances. I think let’s just get those done separate. Bring that other ordinance here. Uh, we can talk about what do we want to change in that ordinance to cover the down to one megawatt? Because I think there’s probably verbiage we can put in there of saying that there can be different levels.

02:50:54,130	Uh, just just a question. I don’t know if that’s that’s just an idea. I’m not saying that’s what we need to do, but what do you think of that? Mitch? I this is I mean, it took us months to do that first one. I mean, 6 or 7 months.

02:51:09,600	And this one is going to be more more detailed and more, uh, expansive as far as I’m concerned, because that one just dealt with industrial use. So it was easy. Sure. We had, but we there were a lot of requirements we put in there and a lot of lot of, uh, land use development requirements.

02:51:27,670	So this one here is, is just going to be a little more intricate and much more detailed. Um, maybe we could try, but I don’t know. It’s a to do it right. It’s it’s going to take research, uh, through, through other people’s ordinances, through other ordinances throughout other states and see what’s going on.

02:51:48,200	So we could use some kind of benchmark for, for creating this. Because what does the city have? Does the city it doesn’t matter. Megawatt right. It’s just noise. That’s based on yeah, they have noise ordinances, which we don’t have.

02:52:07,270	Um, and we’ve been advised not to have a noise ordinance, but, uh, it’s the last time I looked. It’s a very brief description of, of data centers. And I think they’re, they’re doing a rewrite on it. I’m not sure. Okay. But they don’t they don’t call out a number of megawatts, though. I have. To look maybe. Okay. Just wondering. Yeah. Okay. We’ve defined it by megawatts.

02:52:25,930	The usage. So so I guess as a board, do we think that we should have a moratorium or should we should just say we just want to relook at this piece. Commissioner Bitner, what do you think? Thank you, Mr. Chairman. I’ll just give you my opinion.

02:52:41,500	I don’t see a moratorium passing at the county commission. No. So this board can do what you want, but I’m not going to support it. So, you know, I just don’t think it’s necessary. I think we can make forward progress, even if it takes time. Um, the notion really is that you’re not doing one in Burleigh County.

02:53:01,300	Um, if it’s not allowed in these different areas. Yeah. You know. Sure. I mean, you know, until until we get through the ordinance process, I think it’s an automatic moratorium. Just, you. Know, okay. Mr.. Mr.. Yeah. Go ahead. Commissioner. Connelly. Uh. Chair. Uh, Mitch.

02:53:27,270	Um, unlike the residential uses and things, uh, kind of curious to, um, how much water would be necessary based on those home settings, because I know in Bismarck that’s not something we discussed, but it’d be interesting because, um, you get above eight units of water in Bismarck. You’re paying some money. It’s it adds up really quickly. So and in you’re investigating? I’d be interested in knowing about that. Yeah.

02:53:49,770	That’s Mr. Chair. That’s a good question. The question I but that brings to my mind is what happens if somebody comes and makes an application? Well. They’re not in the ordinances. Yeah. You would have to be treated as a special use. Correct. Or I don’t even know how you would do.

02:54:07,870	That. Would try I have to try, try. But if it’s not even called out as a special use, then.. Right? I mean, you know, it’s just kind of a moot point. It’s not not allowed. I mean, we’ve done a lot of things.

02:54:26,100	We’ve done a lot of things over time to where somebody comes up with something new and we go, well, we put an ordinance together so that they can do it, you know? And the same thing happened with wind turbines, although I, I really can’t stand those things. But, you know, it was a property rights thing for me.

02:54:42,270	And, you know, some people wanted them because they were getting paid for it. And, and well, who am I to say no? But when we had meetings, they had attorneys and they go, well, if you’re not going to let us move ahead, then we’re going to take you to court.

02:55:01,070	And I said, well, okay, go for it, because it’ll take us, what, six, eight months, maybe a year to get an ordinance put together. But it’s going to take you 4 or 5 years to sue us in court. What do you want to do? Okay.

02:55:17,630	How about we proceed with the ordinance and and, you know, make it so that everybody’s on the same page, you know, threats of lawsuits and whatnot? Really don’t sit well with me anyway, because I don’t buffalo worth a thing. But, um, you know, we we do respond to these new things. And this is certainly a new thing. And just like Commissioner Patrick just mentioned, another thing is going to be these what is the neighborhood? Um, you go ahead.

02:55:37,630	But what they have is probably by. 2032, you’re going to start to see, uh, excuse me, small radioactive reactors put in neighborhoods that’ll serve the neighborhood and provide electricity to that neighborhood. Micro turbines. And they’re going to be small modular reactors is what they are. I been involved in that discussion before.

02:55:58,930	You know, with my job. And it’s going to happen. Um, just like right now. One of the things. One of the things that’s happening is they’re talking about, in fact, in North Dakota, they’re talking about nuclear reactors in North Dakota. Um, nuclear reactor or nuclear energy is one of the safest forms of energy. We have by far.

02:56:18,770	So so what I’m hearing is no moratorium. If you need a motion, I will move to. Deny the. Request for. More time. Second. All right. It’s been moved and seconded to have no moratorium on data centers. Any discussion? Seeing none. All in favor, say aye. Aye. Any opposition? Hearing none. No.

02:56:41,400	No, I do want to say I want to see us moving. Forward on. changes now. Yeah, exactly. On the changes. To the order. That’s correct. Do not put that conversation or that effort on hold. Right. Okay. Mr. chairman. Yes. Yeah. I lost contact before.

02:57:03,070	Please put me on record and voting in support of the Clady subdivision. If you would please Mala or somebody. Yes, I will put you on record as voting for it. Thank you. Marlow. Thank you. Thank you. Okay, we will move on to the, uh, the resolution to amend Burleigh County zoning ordinances. What’s what’s this all about, Mitch? Why? Why are we just hearing about this? No. I’m joking. Well.

02:57:24,330	Yeah, we’ve only gone over it for the last six meetings. So. Part of an ordinance adoption. It’s one of the steps in adopting this ordinance. Fantastic. Do you just need a motion from us to bring it to the next meeting? Uh, to the county commission. County commission. Or to the county commission? Okay. So.

02:57:40,970	Okay. So, so moved to have this resolution resolution to amend. Is written. I’m sorry, are you going. To present it to the county. Commissioners as it is written? Uh. As the articles are? Yeah. Well, yeah. Because we have moved in, approved each section. But it would be. A. It would go to a hearing. Okay. Tell me.

02:58:01,970	What the you care about. If you don’t. Know, I do. What do you see. It just due to changes. There’s no. Two in there. Do changes. We’re part. Of it in the in the paragraph under item one. It’s not a big deal, but it just would flow. On the actual resolution.

02:58:21,170	No. Yeah. Yep. Resolution to it. It says certain ordinances okay. Do changes. That were made. It should be it. Should say do. Two me. Uh, do. Two changes. That. Were made. Former ETH transfer area. Adding the word to.. So that’s it. Line three or. The the. Third line of the. Copy. Good catch.

02:58:43,670	Yes. So the so this is going okay. So it’s been moved and seconded to uh to send this resolution to amend Burleigh county zoning ordinances to the county commission for approval.

02:59:00,300	Uh, as part of discussion here, that that would mean that it’s going to go to the county commission and it’s going to have a hearing at the county commission. No. This is just would be approval. We don’t have to. Have a consent Agenda. Basically, we don’t have to have the A hearing on these here. The ordinances will be not this resolution. Got it. Okay. Okay. Two separate pieces. Okay.

02:59:22,030	Any more discussion on the motion? Seeing none. All in favor of sending the resolution to amend the Burleigh County zoning ordinances to the county commission for approval. Uh, say aye. Aye. Any additions? Hearing none that will be sent to the county commission for with a, uh, for approval.

02:59:41,800	Now, uh, Mitch, just as a, uh, a point of order here, it’s it would be those ordinances will come next month. Will those will those come next month? Uh, to us, as in a hearing or for a hearing? All those ordinances. Yeah, we I hope to okay. If I come back from vacation. But I don’t know.

03:00:02,030	If you come back from vacation. That’s it. No vacation until we get the ordinances done. Yes. Yes. Uh, okay. Just. Yep. And then do we have to have two hearings or one? So it’s going to be two months in a row. We’ll have hearings on the ordinances. Okay.

03:00:18,570	All right. I just wanted to make sure that was out there. Uh, on to other business. So we have a line item for discussion on Baldwin Green House. Correct. Yes. Can you take us through? Um. What you’re looking to learn. Okay. So, uh, the, um, the complaint.

03:00:39,130	This this started from the complaint from Jamie Feist that was sent on June 14th. Uh, that created a discussion with, uh, Julie Lawyer. Uh, Kelly Levin. Commissioner Munson. Jim Holm was there, too.

03:01:10,470	And so we we tried to determine the the level of complaint or the logistics of this complaint or even trying to do something about the complaint because it was a based on the the neighbor was saying that there was school activity on this property, and he sent some pictures of people that looked like they were planting seeds in the ground.

03:01:36,030	And so it’s the logistics of trying to determine whether these people were working in the school property or these school projects. Well, some it would be somewhat difficult to do for a for a police officer. For me. And so the, um, suggestion was to bring this to this board to determine if they consider this, whether it was a complaint. I, um, legitimate complaint.

03:02:04,330	And that also is also leads to the, uh, the tabling of the preliminary plat and the PUD for this back in May. Uh, this when I was in front of this board, it was a it was recommended to have these two owners to property owners, try to fix some of the problems that they have.

03:02:26,730	And before we consider the Plat approval, the PUD approval or any of that, those considerations because I think it starts between those two owners to be agreeing to something or being able to get along long enough to determine this PUD. If we create a pod and the problems are still there, we’re doing nothing. And so that’s it’s all ties into this complaint.

03:02:46,530	And what was suggested by the state’s attorney and that group to bring this, to determine whether this is the level of complaint, that there should be an actionable or some kind of action taken against the property owners. So that’s where we’re at on this.

03:03:03,870	Um, I would like to see if we could get through this and see if if these two owners can, can explain their positions and or whether or not we should take that out of the tabling of that preliminary plat to recommend it. Uh, a consent on the consent agenda, uh, to recommend it to go move to a public hearing.

03:03:27,570	And, Mitch, as part of the as part of the pud, uh, that we had considered as I as I remember, wasn’t there was there something with an easement that needed to be, uh, finished or pursued and then was there I believe there was a fence that was in that pud. Correct.

03:03:43,730	There is a there’s a requirement for a fence. The privacy fence. Solid fence as a buffer. Second access. I mean, I shouldn’t. Say the. second access. The owner of Baldwin Farms had initiated that. We didn’t request the second approach. We did not. We did not. Uh, it wasn’t part of that review or requirements at the time.

03:04:10,800	So the owner was using that as an access and they say, okay, so let’s get the access drawn on the plat as permission from that, from that neighbor. Okay. And the we don’t need the actual easement. We we just need the document number so we can put it on the plat. We can draw the easement on the plat.

03:04:33,870	And then that’s would be the second entrance. Uh, there are questions right now that I have out to county staff to whether or not this, this subdivision of this property would require a second exit because of the number of parking.

03:04:55,470	Uh, the access for emergency vehicles, a turnaround area for the emergency vehicles. There’s on that PUD. It required to have On-Site parking. And so there was some parking. Uh, logistic problems on there on some of the sales. Large sales, like the Mother’s Day sales and the Father’s Day sales, were there. People were parking on 201st Avenue, and that’s.

03:05:19,230	Technically not supposed to be. If you’re in a business, you you should be providing. Gotcha. Uh, off street. On the street. And that’s one of the requirements of the PUD as well. So with all that parking, logistically, we’re going to figure out how they can get those cars in and out. Of there.

03:05:35,770	Okay. And and nine, 11 vehicles in there and that sort of thing. Yeah. Commissioner Patrick. Yes. I do have a question to the commissioners. How many of you have visited, uh, this location? Okay. There’s four, 4 or 5 of us.

03:05:58,470	Uh, I was out there just this morning, and, uh, Jamie Feis has gone, I think, quite a made quite an effort to isolate his animals from the activity next door. Uh, it appears from discussion that some of the activities going on there is, in my opinion, it could be harassment. And so, um, I think there needs to be more investigation is what’s going on. So may I.

03:06:25,400	All right. Uh, Mitch, anything anything further before we before or I guess. What do you clarify? What do you what do you want to. What do you need from us? Well. Yeah, that’s a good question.

03:06:45,370	I the the idea is that we’re trying to get to this pud and this public hearing and this plat approval, trying to get to there. And we’re trying to guide this thing through. And if we have problems with these two neighbors right now, that involves the police and investigations, how are we going to get past this beauty? Are we going to even even if we do get the PUD approved? Will this behavior still continue?

03:07:05,970	Mr. chairman? Yeah. Yeah. Commissioner Risch. Yeah, I’m just asking a question for Commissioner Patrick. Who’s harassing who? I you you were out there. What’s going on? Uh, the animals are being harassed, so ultimately, it’s actually, uh, a liability on the property owner with those animals. And, Commissioner Streifel, what did, uh, you had something. Oh, so.

03:07:34,330	Did we not table it for the easement? I thought that without the easement, there wasn’t really a. Point. That was one of the corrections on the plat. That was the, uh. They had drawn it on there. We just didn’t have the document numbers.

03:07:53,530	But there was also comment made that these owners need to figure out these problems that are continuing. So this. is coming from the state’s attorney, from the group that you got together with that we need. To they want this board here to determine if this is a complaint, a legitimate complaint, and what to do about what will this board do about it.

03:08:10,170	So if there’s a PUD, there will be rules and things that will need to be followed or what. Are the PUD gets revoked? There’d be a cease and desist order and here we go down the road.

03:08:33,000	So just to just to close the close up on this one, the easement and second access thing has been taken care of. It hasn’t been taken care of. Actually, I think that the next door neighbor, the neighbor that was talking to them about this easement, is not willing to sign this. Now. Okay. So the. I talked to. Justin. So do you. So, Mitch, do you want us to.

03:08:53,230	But that’s that’s. Not do you want us to call? Yeah. I just. That’s not the critical part. Of this. Exactly. Do you want to say that is all the two neighbors up and hear from them, or what? What do you want us to do? I mean, it’s I feel like I feel like we’re being

03:09:07,600	asked to do an investigation here. The the the that’s what was suggested at that meeting. Okay. The logistics of trying to go out there and question people whether they’re on this farm working for small farms. Uh, incubator. Farm. We’d have to get a search warrant.

03:09:29,700	Well, first off, you don’t you can’t get a search warrant with without a criminal activity. Number two, how am I going to get on that property to ask him? And even if I did, what would I do? Are you doing the strong farm thing here? And I’d have to get an affidavit from them. The logistics of this.

03:09:47,730	Uh, difficult. Mitch, do you realize there’s a section in the law? Of course, I’m not an attorney, but, uh, there is a section in a law that is a government official. You have the right to enter property to do your duties. That’s a right under state law.

03:10:05,830	I have to look at that under century code. Yep. Okay, I’ll, we’ll we’ll talk about that. But it’s even then that question them. All right. So the so you want us to determine or it was it was asked for us to determine the legitimacy of the complaint.

03:10:23,970	Yeah. And I, I mean it’s on both sides I think honestly that the, the, the harassment of the deer could be on from on the Baldwin greenhouse side, but the responsibility of taking that care of those deer is on the owner side of the Jamie Feist side. So we talk about property rights.

03:10:44,970	There comes a responsibility with property rights. You can’t expect other people to take care of your deer for you or to be quiet around these deer. It’s a consideration that I mean, if if Baldwin Greenhouse wanted to cross, uh, the motorbikes up there, they can.

03:11:06,200	You think deer would like that? How could you stop them? It’s the idea is that if you have if you’re raising something, it’s your responsibility to protect that, not the neighbors. Now, this harassment is a different this harassment from from people on to Jamis Deer. That’s a different story.

03:11:27,170	If it’s deliberately harassment and and trying to kill these things and or whatever that is that that is definitely a violation. Or if they’re on his land. Or if they’re a trespassing. Right. And that was a complaint for many for many times was a complaint.

03:11:43,000	And I asked, well, where’s the survey? So we can know it from a criminal perspective? Do we know who’s crossing that line? And there was no survey made until Justin Almond created it with this plat. Yeah, we had no idea where those those lines were. Commissioner Risch, you had something. Yeah, I was just going to comment.

03:12:01,130	And I agree with Mitch there. I mean, if you got your land, I mean, um, he’s raising these deer. I don’t know what he’s got 40 acres or 80 acres or whatever he wants. Complete silence from all his neighbors. And I’m going, wait a minute. No, no, no, no, I’m on my land.

03:12:15,600	If I’m on my land and I want to shoot clay pigeons in the back of my land, I mean, that’s up to me. As long as I’m not shooting them over to the property line. This, that or the other. The idea that he. He’s demanding complete silence. You know the problem.

03:12:31,070	I think it is. He needs a section of land and put the deer in the middle of the land in order to protect him. Um, he doesn’t have enough land to raise those deer, so.

03:12:44,670	I mean, I don’t know the idea that we’re going to restrict all his neighbors from doing whatever it is they want on their land to keep complete peace and quiet so his deer don’t get disturbed. I don’t think that’s fair. And it’s not right. But I think as part of the pud, it was in there about a privacy fence.

03:13:03,130	Correct? I think it was like an eight foot privacy fence or something like that. Right? Yeah. Including a landscape buffer too, Mister chair. Right. So landscape buffer. Um, but obviously we can’t I don’t think you could put anything in there about noise unless it was after hours. I know we have done that before.

03:13:23,430	Is it saying in certain hours you can’t, uh, we’ve done that with event spaces and agritourism and all that, but. Uh. Yeah, well, that wouldn’t be allowed here. But the, uh, the noise is based on complaints. We don’t have any ordinances. Um, but if they’re using noise as a nuisance against the neighbor, then that’s against the. Law. Commissioner Connelly. Yeah, well.

03:13:43,700	This has been a long discussion with a few different uses of the property, but I do remember even asking the first go around to Mr. Feist. Um, on the corn maze discussion, if he could, if the, um, people presenting the corn maze just for that first year, if they could stack round bales three tiers high

03:14:08,270	and that would I mean, there’s some depth to it. There’s some sound that would be far higher than eight feet. And yeah, the comment back was no, um, kids climb on them there and, uh, I just don’t want anything like that. So, um, that’s kind of telling the eight foot fence.

03:14:31,730	I think we dismissed the complaint and move on to the PUD discussion, because that’s actually what we’re here for. And that’s my motion. What is the what is the complaint? Can can you. It was a complaint sent to all you commissioners. Is it. It’s this. Yeah. This is the complaint. Uh. It’s this one or. Right here. No.

03:14:59,000	Gotcha. It’s the first the first page. So this this is the complaint that we’re that we’re tasked with saying this is either legitimate or not. Well, there are many inaccuracies in it, for sure. Okay. But it’s. The idea is that we have to get by these complaints before I think that we can take it off table. Okay.

03:15:20,270	But there was a motion made. We would have to go one by one through them. Is that what you’re saying? Uh. Well, the I not just the complaint is the problems is the idea that the problems that stem from the complaint, the from both sides.

03:15:38,000	I would stand by what I just said is that I think the complaint gets vetted out as we go through the PUD in the negotiations. Okay. So, um, move on to the the PUD and do what with the complaint. Just just dismiss it so we can get on with vetting. It and.

03:16:01,300	That this, that this while we consider the PUD or at the same time, is there a second to that motion? Second. All right. It’s been moved by Commissioner Connelly, uh, seconded by Commissioner Munson to, uh, vet out the complaint during the PUD process. Is there any discussion on the motion? I have? Yeah. Commissioner Streifel.

03:16:25,470	Um, just to back up, I know not everything on Google is right, but Mitch is right. He would need, uh, he would need private permission to enter property, or he’d need a warrant or statutory authority, like a search and seizure warrant. So it you a government agent can’t just enter property unless not according to North Dakota Central code. You can. You should. try it. You’ll find.

03:16:49,030	Regardless, I think the, uh, I think the whole thing would be so I think the whole thing would be is that, uh. Um, we’ve got. the we’ve. Got. Yep. So we’ve got the, uh, motion on the table and discussion on the motion. Is there any more discussion on the motion? Mr.

03:17:08,200	Chair? Oh, just of not not necessarily dismissing this, but just taking this up during the PUD process. Okay. Does that mean they’re taking it off the table and going through the consent agenda because they’ve just finished that plat, all the corrections on it from review from staff review. Yes.

03:17:27,400	I think it would come back up here as a public hearing. Or would it come? Would it have to go on to the consent agenda to go to. A public hearing? That’s up to you guys. I on if it was tabled, we were already. We were already in the middle. Of the. hearing right.

03:17:45,070	Not the hearing. It was for under consent agenda. Oh, it was under consent. So it’s never been out. Of it. It would need to come back through. the consent to get that. Yeah. So I guess I would, I we should put it on the consent agenda for the next meeting then. Or could we call for.

03:18:00,570	A public hearing. Now. Wasn’t the public hearing approved? But you pulled it because of the easement? No, the no, it was never off of the consent agenda. It was tabled to correct these some of the problems. And the easement was brought up as well.

03:18:19,900	But so then if we tabled it a consent agenda, then bring it back on to the consent agenda, we’ll we’ll deal with it there. Okay. Mr. chairman. Yes. Um, there’s two separate items. Again, the PUD was on the consent agenda and the subdivision was on the consent agenda. The PUD did have requirements for a second access.

03:18:47,630	Um, um, at a request of fire. Um, because they needed if there’s a fire out there, they need to be able to get in and get the people out. So that was that. And they’re also on the pud is an eight foot fence and a 50 foot, um. Border barrier. So that’s on there also.

03:19:09,100	And if you have anything else that we can add, we can do that because we’re bringing it back to the consent agenda. So do we have to put the PUD and the subdivision both, or can those be brought as one thing.

03:19:29,300	Well you can’t um, they could do the subdivision, but it would have to stay agricultural and then they wouldn’t be able to do like this. Um, strong farm up there. It would be up to. The commercial. But it’d be up to the petitioner to say, I don’t want to do the subdivision. I want to do the PUD to make that decision. Right. Yeah.

03:19:46,370	The you know, it would stay if you subdivide it right now. Um, the zoning would stay agricultural out there. Um, the reason why we’re doing a PUD is because we have some commercial business going on out there. Plus they want to do the strong farms out there.

03:20:11,270	That’s why a PUD was requested so that we could add all of that into the zoning. If you do the subdivision separate, which is fine, the zoning would stay with that property and it wouldn’t change. To me. I would rather see that pud come to me. That’s a much more amiable, uh, approach to it. The pud, rather than. The than. Was the question, uh, Mr.. Chair. Because there’s two there were two things.

03:20:36,700	Two items. Yeah. There’s two petitions. There, but they’re closely related. One has the PUD cannot happen without the plat. Okay. So we can we bring them as one thing. Right. Because they’re using the plat as a site, local site map and all the logistics that go in with that.

03:20:52,370	So it would be a subdivision and PUD all one. All one line. Item in. The separate items though they have to stay separate. Okay. Well we vote on them. A lot of times we vote on those two things at the same time. Okay.

03:21:08,670	But that’s just because our subdivisions, a lot of the subdivisions that we’re doing, we have to change the zoning. So we just kind of run them at the same time. She has 40 acres she can plat that, but the zoning would stay egg. So you could go through and do the subdivision plat. And then on a separate. Occasion.

03:21:28,100	Do the PUD. We lumped them together for kind of to get the speed and get it going. But they are two separate things. And with 40 acres you can do that. If we need to do them with two separate items, let’s do them as two separate line items.

03:21:45,030	But let’s put let’s put the one on the agenda that needs to happen first. First, which would be the the subdivision. The subdivision could be first. Are you going to do that. Mr. Chair? Why would you do that? I just heard we had to keep them. Separate. Yeah, I’m. They have to stay separate. I’m fine. With combining them if. We can.

03:22:02,830	Let’s, let’s let’s simplify this. You do. You cannot have a pud without the plat, period. It wouldn’t be. Even if you didn’t have the plat, you couldn’t do the pud. We couldn’t because it wouldn’t go through our recommendations.

03:22:21,670	And so the idea is that they’re simultaneously they may be different motions, they may be different items. They have to work simultaneously for one to be able to work with the other. I wanted to be a actually be approved. Yeah, honestly, I don’t care. Let’s get to the pudding. How? However you make it happen, please make it happen.

03:22:38,100	I amend my motion to, uh, move the, um. Um, I’m move the plat and.. Huh. Okay. I resend my motion. All right. And the second. Second. All right. Motion is rescinded. Is there any action that we would like to take on this? We would need to make a motion to put it back on the table.

03:23:09,070	Right? Or. Yes. Removed from. The table because we have the. So I would. I would. Move. to remove it from the table. Yes. Okay. It’s been moved and seconded to remove the. Both items. Both items okay. Yep.

03:23:28,400	Both items the the subdivision and the pud from the table and bring them to us on the consent agenda for next meeting. All right. So moved and seconded. Any discussion? All right. All in favor of that? Any opposition? Okay. That’ll come to our next meeting. Thank you. Is there any. additional other business? Yes. Mr. Chairman. Yes. Commissioner Risch speaks first. Yeah.

03:23:53,370	I just got to say that, um, we’re going to have new portfolios that the city commissioner we commission. We’ve got two new city commissioners. This might be my last meeting. Might be Commissioner Connolly’s last meeting.

03:24:11,530	I don’t know, but I just want to tell you, I enjoyed interacting with everybody on this zoning commission, and I wish you all the best. If I don’t show up the next time. What the heck? We finally got ready. Yet? It might be. The case when you learn how. Yeah. Yes. All right, Commissioner Bitner. Yes. Yeah.

03:24:27,000	I can tell you what, though, with respect to taking this, um, and putting this this whole situation back into play for me to support anything moving forward with this proposal at all, I’m going to need to see better cooperation between these two landowners. Something has to change.

03:24:45,100	They’re going to have to have I don’t know, what do you call it, a come to Jesus meeting or something? Because I’m not going to sit here and support something that, um, trashes one person’s rights over another one or anything else.

03:25:02,270	You know, we we can’t we can’t overburden one party by requiring all of this expensive stuff while giving the other party a complete pass on that, that responsibility thing that that Mitch was talking about. So just so you both of, you know, you both got some work to do, and I want, I want to see you. Yeah. About our plan. Well. All right. So I. Think it’s the plan that’s the problem.

03:25:24,130	It’s your personal relationships between two neighbors, you see. So the. All right, so. These these will be. Coming in. I’m just telling you for meetings. These will be coming. In, uh, a consent agenda. And they’ll be coming to a public hearing. And then we can hear from everyone.

03:25:43,370	Uh, is there any additional business that the board would like to entertain? Wow. Move to adjourn. Second. All right. It’s been moved and seconded to adjourn. Is there any opposition to. Adjournment? Hearing none. We’re adjourned.