00:00:08,300	The Burleigh County Planning and Zoning Commission meeting to order. We are going to start with the Pledge of Allegiance. So please all rise. Remove your head coverings and face the flag. I pledge. Allegiance to the flag of the United States of America, and to the Republic for which it stands.

00:00:31,230	One nation under God, indivisible, with liberty and justice for all. We’ll now move into the roll call. So, Jacob, if you could take us through that. Chairman, here. Commissioner Bitner. Commissioner Connelly here. Commissioner Hull here. Commissioner Jarratt here. Commissioner Munson here. Commissioner Patrick here. Commissioner Small here. Commissioner Streifel here. Fantastic. We have quorum.

00:01:09,700	We’ll move in to the approval of the July and August meeting. Minutes. They’re on our packet and we’re circulated prior to the meeting. Also. Move to approve. Second. Okay. Has been moved to approve the July and August meeting. Minutes and seconded. All in favor of approval? Say aye. Aye. Any opposition? Hearing none.

00:01:34,830	Meeting minutes are approved for July and August. Uh, we’ll move it to the public comment section. This is not a public hearing on anything. This is purely just general public comment. This is open to Burleigh County residents and landowners. So if anyone would like to make public comment, please do so now. Okay.

00:01:56,170	Seeing none, we will close public comment and move into the consent agenda. Are there any consent agenda items that we would like to open? Mister chair? Yes, Commissioner Streifel. Thank you. I have some questions. On five. Three.

00:02:19,130	I just think there was some things that we were waiting for on that one. So I’m confused as to why it’s on the consent agenda. Okay. Um, yes. Do we, uh, I guess do we want to, uh, move to approve the the five one and five two and then open five three? I would move to approve five one and five two second.

00:02:39,400	Okay. This has been moved to approve, uh, five one and five two on the consent agenda. All in favor, say aye. Any opposition? Hearing none. Uh, the consent agenda five one and five two, which are the Grendahl subdivision and the Grant subdivision, uh, will be moved to public hearing. Uh, we would like to open, uh, five three.

00:02:58,100	This one is the Baldwin Green House subdivision and strong farm pud. So, Mitch, if you could take us through some details on that. Uh, if, Mister chair. Commissioners. Uh. Good evening. Uh, the. If you’re asking why it’s on a consent agenda. Uh, neither August or July meetings were ready until this meeting.

00:03:21,570	They had not been. They were not. We had to create those minutes. Uh, recently, I think within a week and a half, right before we were able to get this packet out. And on that meeting of July, we had discovered that it was tabled instead of sent to the public hearing. It was kept on the consent agenda.

00:03:45,570	After that late night discussion, we had, it was recommended to keep it on the consent agenda, which was a slight mistake. We should have, uh, put it for a public hearing, but we have to follow what the motion was made and how it was approved. And so that’s how that went down.

00:04:03,370	We didn’t discover that until we were preparing the minutes for this meeting. Okay. I think there was a little bit of question on whether there, um, I think two things that were open was there was something to do with an easement, and then there was something to do with a, um, um, an agreement between the two

00:04:19,370	parties. Uh, has any anything changed on on that? Uh, the plat has been it’s the final plat is is pretty much completed. We have not. I don’t believe we’ve got that easement drawn or the documents yet. They were asking if they could lease the area for an access easement. And I don’t believe that would be possible. Okay.

00:04:43,270	Um, as far as the agreement between each owner, I don’t not aware if there’s a separate agreement between the two property owners. Yeah. I wasn’t aware of those. One for that. Okay. Uh, any other questions for Mitch? Yeah. Commissioner Streifel.

00:05:03,600	So I thought Commissioner Bitner had mentioned at the last. I forget what month it was that he mentioned that we wouldn’t be moving forward unless we had a resolution between the neighbors. We wouldn’t be putting it to public hearing until the neighbors had a chance to meet and get some sort of agreement going on.

00:05:19,330	And then I thought also, we were waiting for the easement before we brought it to a public hearing, because does the PUD requires an easement? Correct. We’re asking for an easement because for safety purposes, we did contact the, uh, fire chief of, uh, of that area. He’s out of Ashland Township.

00:05:41,000	He was okay with doubling the size of the entry, making it a 40 foot width. But I’m not sure if the I. We hadn’t run by the highway department yet to see if that’s a possibility. Instead of having two separate easement, two separate approaches for safety purposes, we would like to see two separate one entry, one exit sort of thing.

00:06:00,130	And she talked about the plat. We do have a preliminary plat, just not the final. Is that what I’m hearing? We have the final is pretty close to being finished. Okay.

00:06:17,370	Um, and, uh, the there’s no been no changes to the pud, and I don’t believe there was going to be a resolution between the two owners that was discussed at that one meeting of the problems that they were having. Um, I mean, we could certainly ask them to sign some kind of agreement between property owners. Um, the pud the purpose of that PUD is to stop this bickering back and forth, and hopefully that pud will fix it.

00:06:41,270	Uh, yeah. Uh, Mr. Patrick. Well, I agree with Commissioner Streifel that I understand that Commissioner Bitner did say that there needs to be some sort of agreement between the two parties, and before we moved ahead with this, and I’m not sure that we’ve determined whether or not the agreement has or whether that’s happened.

00:07:03,700	Yeah. Commissioner Connelly, you had something. Yeah. I actually, um. met per invitation. Um, Mr. Feis invited me out and gave me a tour, and I talked to him about different things, and I said I had decent rapport with Megan as well.

00:07:26,630	And I talked to her, and they said that they had agreed to meetings and for different reasons. It didn’t turn out. And then I tried to see if both of them would get in a room and be there, at least just as a third party to, uh, hear the conversation. And at that point, um, Mr.

00:07:45,370	Feis said that if we can’t agree. If I do nothing, I probably have a better chance. I was sad at that. And we have a very good ordinance that’s about to be heard at the county commission. There’s things that the green House can do that adheres to that and can also protect the concerns of Feis.

00:08:09,900	But at this point, I don’t know if there can be an agreement or meet because, um, I was originally told that they would be up for it and now it’s kind of off the table. So, um, not to disparage, not to.

00:08:28,770	It’s just really hard for everybody here, sitting here that’s really trying hard to allow people property rights within that without infringing. We do have good ordinance that once that’s adopted in the buffer zones and things, I think it plays right into this. Um, but it’s kind of stuck. Any other questions? Comments from Mitch. Mr. chair, I’m not sure.

00:08:54,330	I’m not sure how an agreement would be written. I mean, it would have to be. I don’t know if it has to be a legal document that they would agree to, and I don’t know if we could even enforce them or ask them to sign that.

00:09:09,370	It’s, you know, it’s the body is going through the process of public hearing and public comment, and so is the plat. And they can bring up those differences or concerns. I think that the PUD has, um, spelled out that she has to have that front, the back six foot fence, a solid fence for privacy, and, uh, protect his animals.

00:09:33,570	And as far as the private agreement, I don’t sure if we could enforce that. Everybody has to play by the rules. And that’s there already there? Yeah. Commissioner Munson. Yeah. That that was going to be my comment. I mean, this is a planning and zoning meeting.

00:09:52,900	Um, I don’t foresee an agreement between two parties as something that we could regulate or enforce. We are here to hear it in a public hearing setting and create the the definitions within the PUD as to what each party needs to do or what the party that wants the PUD needs to do.

00:10:14,830	Uh, those are items that we can create and enforce, but agreement between the parties is I don’t think there’s anything that we can enforce on the planning and zoning side of it. Um, and if I remember, um, and I’m not going to try to put words into Commissioner Bitner, uh, mouth, but I believe his statement was I can’t support it unless there’s an agreement.

00:10:33,630	And I and I agree that it would be great if the two parties would get together and have some conversations and have an agreement between them. But our job is planning and zoning, not personalities. And so I think we need to create the PUD, put it in force, and allow Mitch to do his job. Once that PUD is created.

00:10:56,970	Any other comments? Questions for Mitch? Oh, yeah. Commissioner Streifel. Yeah, I guess I wasn’t thinking we’d get anything in writing. I was just hoping that they had met and come to some sort of agreement. I am concerned, though, about the easement. I would like to know if we’re not going to get that easement.

00:11:15,100	Um, are we just going forward with the PUD without an easement? Is there is that. We we want? Yeah. I’m sorry, Mr. Chair. Uh, Commissioner Streifel, the, um, the idea is that this has a lot of traffic on certain days of the year, especially holidays, where there’s lined up on that street and they’re supposed to have

00:11:40,000	off street parking provided. And if that’s provided, you’re going to want two exits, entrances. We would require that on any commercial property. And, um, with that amount of people, you know, with the school and events and all that other stuff, I don’t, you know, the events would have to be a special use permit, but

00:11:59,970	you can certainly apply for those. Um, the idea is that if if the highway department is okay with having a 40 foot access easement that increased the size of the ones that’s there, that could be a consideration to have it in your egress out of that one approach.

00:12:20,730	And is that something that could be sorted out between now and the end next month? Well, we certainly can ask the, uh, ask the surveyor and the engineering team that’s creating this plat. We have to talk in an in house first to see you see if that which one is which is the one we want.

00:12:41,130	Um, the he the he didn’t write any statements or anything. The fire chief of. I’m not sure which territory is called, but, um, he didn’t write any specifics down. Um, but we certainly could ask him to do that.

00:13:05,100	I don’t know if he will, but for us, I mean, for the public safety, especially getting on on 201st Avenue there. It’s a busy road, and there’s a lot of people out there. There’s three, 400 cars on some of those weekends going out there. And the final plat you said is close.

00:13:21,200	I would assume that would be that’ll be done before next month’s meeting or we’ll try. It wouldn’t it wouldn’t come to the public hearing without that. Correct. Without without some kind of conclusion on that second access. Yeah. Gotcha. Yeah. Commissioner small. Um, Mitch, is there any way we can hear from the county engineer on this? Uh. Nothing like putting him on the spot. He’s. I’m sure. That’s why he’s. He’s used to.

00:13:47,270	It. Uh. Mr. Chairman. And commissioners, uh, our current. Uh, approach policy. Does allow up to a 40 foot top, uh, approaches currently. Um, that secondary approach, if they get the easement, we would allow a 40 foot on that one as well. But, um, right now that is our current policy.

00:14:04,870	So and that would qualify for a second, it basically it would expand that so that that would the one half of that 40 foot would be the second access. Correct. Uh, we treat those as one access so we don’t split them in half. We allow, uh, 140 foot top per lot.

00:14:24,370	Then if they have to go through a second approach process to add a secondary access point, um, at that particular subdivision does not allow that in the current plat. If I remember correctly. Correct. So. All right. Good to know. Uh, any other questions yet? Commissioner Connelly. Yeah. I just wanted to add to that.

00:14:44,970	I did call Commissioner Bitner and made him aware of that, that one party was willing to and one party that wasn’t so. Going through. Reverting back to the planning and zoning process, reverting back to the planning and zoning process is about all we had at that point. Sure. Gotcha. All right. Any other questions? All right.

00:15:04,700	Thank you. See you. None. Thank you. Okay. Any action we would like to take on the, uh, the, uh, number five three, the Baldwin Greenhouse subdivision and Strong Farms beauty. I would move to approve to call for the public hearing. Second. All right. It’s been moved for approval to move this to a public hearing. And. Seconded.

00:15:27,630	Is there any discussion on the motion? Okay. Seeing none. All in favor of moving this to a public hearing, please say aye. Aye, aye. Any opposition? I all right. Uh, please. Uh, that was one one vote in opposition. This will move to a public hearing. And that is our consent agenda for the evening.

00:15:52,770	Now, we’ll move into the public hearings for the evening. Uh, we’ll start with six one. This is the Highlands at Burnt Creek subdivision. And if, uh, is it Mitch or Jacob? Jacob, it’s going to take us through some details on that, and then we will open the public hearing. Commission.

00:16:22,070	This item is the Highland at Burnt Creek Subdivision, located on in the west half of the southwest half of section 36, Township one, 40 North, range 80 West. This is an 80 acre site where there is a proposed 33 lot subdivision. These 33 lots would range in size between 1.5 and 6.

00:16:46,500	3 acres, although most of them would be on the smaller end of that spectrum. This proposed subdivision would come with a zoning change on the site. Currently it is agricultural. If this were the past, it would become R-1 rural residential. And one last thing. The stormwater management plan has not been fully approved for this subdivision yet. So we are asking for conditional approval.

00:17:10,270	Upon the final approval from staff of that stormwater management plan. Are there any questions? Comments for Jacob? Yes. Commissioner Streifel. Uh, Jacob, I was wondering if will Burleigh County be, um, maintaining the roads in that development? Uh, perhaps that’d be a question for our highway department.

00:17:37,000	Do you have any information about sewer? What are they doing? South central regional water? Or is it going to be private sceptics or any idea on that? Uh, this would be rural residential. So, I mean, I don’t want to say matter of factly or anything, but I take it that this would be lots that have their own septic systems. All right.

00:18:02,500	Any additional questions? Comments for Jacob? Okay. Seeing none. Thank you Jacob. We will open the public hearing. Oh. Oh. Excuse me. Excuse me. Casey. Yes. Yep. No problem. So the township roads would go back to the township. They have our their township maintenance agreement with the county highway department.

00:18:19,100	So then we would do the maintenance on behalf of the township going through there. And the acreage of the lots is big enough so they can have septic fields. And then south central rural water would have water going to the area. Gotcha. All right. Thank you. Casey. We will open the public hearing.

00:18:35,800	So if anyone would like to speak in this public hearing, please approach the lectern. Tell us who you are, where you’re from, and sign in. I believe Jacob is there. There is a sign in sheet up there, right? Okay. Thank you. Evening, commissioners. I’m Harvey Schneider with Coleman Engineering. With me tonight is Ken Neisser, with Brian and Associates.

00:18:56,900	He worked on the stormwater and also the owner, Rob Satler is here. So, uh, we concur with, uh, the presentation made by Jacob here. Do you have any questions of us? Uh, any questions for Harvey? And, uh, just, uh, just a quick one. Harvey. Uh, what’s what’s the reason that the stormwater management plan is not ready? Uh, it was turned in everything.

00:19:21,570	It’s just the process for the review and everything, I guess Casey maybe could answer that if you wanted to. Okay. Okay. Any other questions for Harvey before he steps away? Okay. Seeing none. Thank you. Harvey. All right, Casey, back up. And, Adam. I know I’m going to get my steps in today.

00:19:40,900	Um, so the stormwater management plan, they had an update to it on September 4th, and I just was construction. I haven’t had time to get through that yet. Uh, I went through this weekend, 17 plats, two stormwater management plans, and a roadway plan on there.

00:20:01,630	And I just this was I just didn’t get to this one yet on there. So trying to with all the fun construction, trying to get that fit in and well, I don’t think it’s a reason to hold up. What you’re looking at is just before the final plat, approval at county commission, we’d like to have stormwater management plan done just in case there’s any adjustment to any stormwater easement lines.

00:20:18,600	If it’s instead of 20 foot, it needs to be 30 foot or something like that. Okay, Commissioner I was just going to reiterate that that’s not going to happen unless they get the stormwater plan. Yeah. All right. Thank you Casey. Yep. Thank you.

00:20:36,770	Any other, uh, anyone else like to speak in this public hearing on the Highlands at Burnt Creek subdivision? Hi, I’m Tanya Fife, and I’m a real estate broker. I’m also a veterinarian, and I’m a homeowner right in that area. My property, our property borders this proposed, um, land zoning change immediately to the north. Uh, we have horses.

00:20:58,630	We’ve lived there for almost 30 years. Um, us and our neighbors, some of whom are here, um, really enjoy a very rural, peaceful lifestyle. Even though we are surrounded by multiple subdivisions. Um, and this is not at all to say that I’m opposed or for this. Certainly new homes in the area.

00:21:15,930	As a realtor, I really appreciate that that will increase my property value in those of my neighbors. So, um, bring that on. But I do have some concerns as to, um, the quality of the homes.

00:21:30,800	Is there a homeowners association? Are there covenants, are there restrictions? Are we going to have a bunch of trailer homes there? Are we going to have livestock? What kind of animals are they going to be? How is it going to impact like I know because I’ve looked into this myself. Our south boundary of our 40 acres, um, years ago was approved for a road because we ourselves could subdivide my 40 acres.

00:21:46,000	So I have looked into that, and I know that that would be the the developer’s financial concern to put that road in. Is I going to be a dirt road? Because that’s where my horses are right there. Um, I prefer them to not suck back dirt and gravel. Um, they’re all horses.

00:22:01,770	I’ve born and raised here, so I prefer not that as well as my dogs and cats. Um, and anybody who visits my property too. So my concern is, will there be a paved roads? Will there be dirt roads? What are the road plans? Um, timelines and also fences, because we have fences along that where I assume a road would go, unless they’re going

00:22:18,930	to move all their roads south. Um, you know, the density that’s already been answered. I appreciate that. Are there setbacks for the houses from the road again? We there’s six of us who have 40 acres there.

00:22:34,300	Um, we chose to live there 30 years ago because of the peace and serenity and not looking at each other’s windows as well. Um, so I my house is set back a fair ways from that south border, but I, I am curious to know what, um, if any setbacks are there and do we have, I don’t know, within the county

00:22:48,300	out there. I know we have hours of no noise. Hours in Bismarck City. Um, are there hours for house construction? Um, you know, easements, trees, I guess. I guess I got a lot of questions. The fact that this, you know, we knew the land was sold.

00:23:04,830	Our neighbors have talked about this for a couple of years. We knew probably for development such as this, um, again, I’m a broker. I understand that. And I also looked into subdividing my property. So I get all those things. Um, but I was only informed of this hearing on Friday.

00:23:19,730	And to juggle around my veterinary practice to get here today. Um, I felt like, oh, I really need to be here and find out these things. So, um, those are my concerns. I don’t know who can answer them or who, how they can be answered or when I. This is my first gig at a county hearing. So, um, that’s all I got, I guess.

00:23:36,670	Okay. Any questions? Comments for Tanya? Yes, Commissioner Streifel. Yeah. You did not get a public notice in the mail. I got a public notice Friday. On Friday? Um, a few days ago. Yeah, okay. Thank you. Any additional questions or comments for Tanya? Okay. Seeing none. Thank you. Okay.

00:24:01,730	All right. Anyone else like to speak at this public hearing? Uh, Casey, if you could weigh in on, uh, anything you can. Yep. Uh, so the roadway part, I can answer, uh, our standard is new subdivisions like this. The roads do have to be paved and chip sealed. They.

00:24:20,970	There is a whole process we go through once. Let’s just assume everything’s approved. For argument’s sake. Uh, they do have to submit plans to us. We do review them in very high detail. They get through that. They have to get a developer’s permit to actually start construction. We do check subgrade. We do check gravel.

00:24:38,100	We do check asphalt. We do check chip seal. We check all the culverts. We check all the erosion control, seeding, all that has to be done before we even sign the plat so that they’re allowed to record it, to start legally selling lot.

00:24:50,370	So we do put in a high level of detail to get to that part. Uh, for setbacks. I remember I think the front yard is 50, if I remember right rear yard, I can’t remember 100%. Mitch. Jacob know that better than I do.

00:25:09,700	And from when we had, uh, pre-application meetings, my understanding, is it rural? Residential? They want to have homes that are built in the same consistent of of the area going through their HOA and that that’s really outside of our purview. Uh, and I’m sure Harvey and them could answer that better than I could. Okay. Any questions for Casey? See you. None. Thanks. Thank you. Mr. Chair. Uh, yes. Mitch.

00:25:31,400	Uh, this would be zoned R-1 or rural residential mobile homes would not be allowed. Number one. Uh, the setbacks from 84th Street would be 115ft from the center line. Uh, for that south property line, uh, the noise she asked about noise were is based on, um, the sheriff will answer on a complaint basis.

00:25:57,670	Um, we don’t have decibel meters. We don’t have our times of our. It’s based on a complaint. And so I think I got everything there. That’s Casey. All right. Thank you. Mitch, if anyone else would like to speak in this public hearing, uh, please approach the lectern.

00:26:15,170	Let us know who you are, where you’re from, and sign in. To. Anyone else like to speak in this public hearing on the Highlands at Burnt Creek subdivision. This is the last call. Seeing none. Uh, we will close the public hearing and move into discussion and action. Oh, yes. Commissioner Patrick, do you want to turn your mic.

00:26:41,930	Up? I’ll move to approve and forward to the county commission. Second. It is moved for approval to forward this to the county commission with a due pass recommendation by Commissioner Patrick, seconded by Commissioner Connelly. Is there any discussion on the motion? Mr.. Yes. Commissioner Jarratt.

00:27:02,270	Did she get her questions? All answered because I didn’t write her questions all about. So I just want to make sure she got a question to answer. Timelines was was one of her questions. Timelines, fences, setbacks. Yes. That I don’t think all of them uh, we didn’t we didn’t hear about HOAs or trees. Um. And that. Yeah. Livestock and livestock. Correct? Yes. Mister chair? Uh, yes, miss.

00:27:31,000	The, um, if Mr. Patrick would amend his motion to include the stipulation of the stormwater management plan being approved before it goes to the county commission. Yeah, that should be in there. Are you okay with that amendment or the change? Okay, definitely.

00:27:51,900	So this, uh, the motion does include, uh, forwarding to the county commission for approval or with a do pass recommendation, uh, with the condition that the stormwater management plan be completed. Is there any discussion on the motion? Okay. Seeing none, we’ll move into a roll call. Vote. Um, Jacob, if you could take us through that roll call vote. Uh. He asked the question.

00:28:13,730	Did if she got a question, I’ll answer. Should we should we make sure that she was answered or should we move on? Could answer. I guess we’re we’re all your questions answered. Uh, just the one about the fences. Because we have a fence that runs the whole South line.

00:28:27,830	So the road is going to go in through there. What’s going to happen to my fence? Um, clearly something would have to happen to it, um, for a road there. And it will there be an easement for the subdivision onto my property. Um, from that south line.

00:28:43,670	Um, how is that going to work? I think a kind of a question around the right of way. Correct for that. Yeah, yeah. And it looks like Casey is, uh, back up to bat. Section. Look. So the layout, it’ll have back lots to the north property line.

00:29:08,170	So then there’s a cul de sac that goes to the south, and the roadway master plan road is Bernal Drive. If you go to the west to 26th, there’s some empty 40 acre plots, and then there’s a subdivision. That subdivision has Bernal Drive, so that would continue along the same east west route going through there. So really it’s backyards next to their property.

00:29:27,170	Right. So that north side, there’s no road running east west on the north side. Correct. Yep. Because the roadway master plan was actually adjusted south. Yeah. 2014 okay. Yep. Gotcha. Uh, any any additional questions for Casey while he’s up here? All right. We’ll wait till you get that down and then. That’s good.

00:29:46,130	Any any additional discussion on the motion? Okay. We’ll move into a vote. Uh. Uh, Jacob, if you could take us through that. Okay. Excuse me. Uh, chairman. Yes. A vote, please. What’s that? Your vote? Please. I’m going to call out the votes. I mean, the roll call. Oh, you’re doing the roll call.

00:30:06,830	Vote yes. Thank you. I thought you had a on these three to comment. Yeah. Yes. So in Chairman Agnes. Yes. Uh, chair Bitner absent chair. Commissioner Connelly. Yes. Commissioner Hull. Yes. Commissioner Jarratt. Yes. Commissioner Munson. Yes. Commissioner Patrick. Yes. Commissioner Small. Yes. Commissioner Streifel. Yes. Okay.

00:30:39,670	This, uh, the Highlands at Burnt Creek subdivision will move to the county commission with the do pass recommendation and a conditional with a condition on there to say that the stormwater management plan will be completed before approval. We’ll move on to our second public hearing of the evening. That is the Misty waters fourth subdivision. Hello again. Commission.

00:31:07,770	This is the Misty waters fourth subdivision, located at 6408 Dream Drive in your packets. It says Dream Court. That is a mistake on my end. This would actually be on Dream Drive. Specifically, this would be lot 41, block one of the Misty Waters subdivision in the west half of section 11, Township one, 39 North, range 81 West.

00:31:27,970	This would be a minor plat altercation which would simply serve to vacate an existing drainage easement that exists. It’s about 20ft wide on the south end of the property. This would this would effectively remove that. And it is the only real change that this project would be proposing.

00:31:46,270	The lot is 0.46 acres in size. This would only cover the one lot and there’s no zoning changes associated with this. Are there any questions or. Any questions for Jacob? Seeing none. Thank you Jacob. We will open the public hearing.

00:32:07,400	So if anyone would like to speak on the Misty Waters fourth subdivision, please approach the lectern. Let us know who you are, where are you from and sign in. Anyone like to speak on the Misty waters fourth subdivision? And the last call for this public hearing. Seeing none, we’ll close the public hearing and move into action and discussion and action on the public hearing. Mr.. Oh, yes. Commissioner Patrick.

00:32:33,700	I, uh, if you recall our last meeting, we talked about variances to, uh, setbacks and that sort of thing. And I think we have a similar situation, maybe a little different. But, um, one of the vacated existing drainage easement and I, I don’t think that’s a good idea.

00:32:51,900	I mean, you consider that the flooding that happened out in that area in 2011, um, these properties, uh, there’s a reason that that setback was there to protect these properties. And even though there was a setback then, the properties weren’t protected. We had a significant flood out there.

00:33:08,730	And, uh, if you were out there during that flood, it was pretty sad. What what you saw out there, it was it was a sad situation. So I’m not sure that we should approve. Um, vacating this, uh, drainage easement. All right. Any more discussion and action? Uh, Commissioner Small.

00:33:35,830	Um, is there any engineers here for this project? I don’t get how we’re just going to get rid of a drainage easement. Are they replacing it with something.? Great question going through there. So, uh, Mr. Waters, when it was under the purview of the city of Bismarck, there was a lot of items going through there. That drainage easement was a requirement by the Corps of Engineers.

00:33:54,370	And because how Misty waters, when it originally started, was we had to stop the erosion from going directly into the bank until they could riprap everything underneath almost every home out there is riprap their bank. So it’s taking care of the erosion problem. So the drainage easement was also an access easement to clean that.

00:34:12,530	We really don’t need that anymore because the drainage easements that do exist, where there’s actual culverts, those we have to keep for all of this time. So there are I think there’s 9 or 10 homes that have already vacated that same exact drainage easement.

00:34:29,570	I think the one is directly north of this has also. So really we don’t have to have that drainage easement anymore. The an east west drainage easement from Burnt Creek Loop. We do have to keep that one. But this one was we really don’t have to have any more.

00:34:46,770	They have addressed the current concerns that existed in 2006 when we did the plat, and when the the Corps of Engineers requirements were. So really we were we’re okay if that goes away because it’s not you don’t really need it anymore. The actual functional ones that we have to have are still in place. Okay. Thank you. Casey.

00:35:05,300	Uh, any additional discussion, Commissioner Connelly? Um, there’s a long history with, like, Misty waters and changing a lot more lines and setbacks and everything, but I appreciate what Casey had to say. That’s exactly it. There were several that came right after those changes were made. Um, and it’s been approved to vacate these one right after another. They have to apply for them individually.

00:35:28,270	Okay. Any, uh, any action or discussion that we would like to take on this. Yeah. Commissioner Patrick. Casey, are you seeing, uh. The steps. Okay.

00:35:56,370	Are you saying then that the Corps of Engineers is okay with this? Um, uh, making these easements? The corps engineer’s concern was the siltation that could happen from erosion. So the rock has taken care of that part because they had to get corps permits to put the rock in on there. So their concerns have been addressed because it’s been addressed. It’s okay.

00:36:09,970	We you don’t need this anymore because it’s already been taken care of by by the other action going from there. All right. Thank you. Yep. All right. Thanks, Casey. Any more discussion or action we would like to take on this? I’d move to approve.. Second, uh, it’s been moved for approval by Commissioner Connelly, seconded by Commissioner Hull. Is there any discussion on the motion? Okay.

00:36:32,370	Seeing none, we’ll move into a roll call vote and Mitchell will take us through that. Uh, chair again. Yes, Commissioner Bitner. Commissioner Connelly. Yes, Commissioner Hull. Yes, Commissioner Jarratt. Yes, Commissioner Munson. Yes, Commissioner Patrick. Yes, Commissioner Small. Yes. Commissioner Streifel. Yes. Motion to approved. Okay.

00:37:01,230	Misty Waters, fourth subdivision will move to the county commission with a do pass recommendation. We’ll move to our third public hearing of the evening. This is the Aberle Lee Park subdivision zoning change. And it looks like, uh. Yep. Jacob’s going to take us through some details on this, and then we’ll open the public hearing. Hello again. Commission. This is the Beryl Park subdivision.

00:37:27,300	Zoning change. The site is located at 2810 1/58 Street, Northeast, near manakin. More specifically, that would be part of the northeast one fourth of section 29, Township 139 North, range 78 West. This would simply be a zoning change on an existing subdivision.

00:37:49,300	A one lot subdivision that would allow for a commercial storage area to be built on the lot. Currently, this site is zoned commercial. This proposal would involve changing that to industrial. Despite the name commercial storage area, we actually allow those in our industrial zone, not our commercial one. So this zoning change would be necessary.

00:38:08,630	And I also will say that there are several other industrial parcels near and adjacent to this proposed subdivision. So this wouldn’t be in any way out of place. Are there any questions? Any questions for Jacob? Oh, yeah. Commissioner Hull. Uh. Thanks, chair.

00:38:30,330	Um, so, Jacob, I guess you know, when you say that it’s to the south and to the east are existing industrial? Uh, yeah, mostly to the east. There are several other industrial zoned parcels. Okay. All right. Thank you. Any further, any questions or comments for Jacob? Okay. Seeing none. Thank you. Mr. Chair. Yes, Mitch. I did speak with the owner about, uh, this.

00:38:53,870	What, he had any plans for, like, developing the lot? He wants to do a storage right now. Commercial storage. Okay, for campers and that sort of thing. All right. Okay. We will open the public hearing on the Aberle Park subdivision zoning change. So if you’d like to speak, let us know who you are, where are you from? And sign in. Thank you. Chair. Lana and. I was. In engineering.

00:39:14,070	Representing the appellees on this one. Uh, yeah. As Jacob mentioned, there’s a number of, uh, industrial property in the area. I’m sure everybody’s driven by this on interstate when you’re near Monacan. All that area.

00:39:26,900	Those are really parks two through five that have been passed for the last decade or so. And there’s sort of another phase of that to to allow some of the commercial storage. But I can certainly. Answer any other. Will that be in addition to the current use? Thank you. Chair. Yes.

00:39:41,770	In addition to into addition to the sort of the RV park that’s there right now, there’ll be some additional storage then. Okay. Uh, any further questions for Landon? Commissioner hole? Yeah. Thanks, sir. Um, so I guess just so I can visualize it, it’ll be like a gravel lot for open. I’ll say open air storage. I think, Commissioner, we would have to meet all of Burleigh County’s ordinances.

00:39:59,500	We have site plan review, stormwater review to get through, uh, what would be required for a commercial parking lot? I just wasn’t sure if it’s going to be built. You know, when I initially heard commercial storage, I imagine, you know, the, you know, U-Haul storage sheds or something, right? We would have we would have to work with the engineering

00:40:10,770	department to, to meet all the ordinances and have the proper, uh, requirements for the storage area. Thank you. Any further questions or comments for Landon? Seeing none. Thank you. Thank you.

00:40:27,770	If anyone else would like to speak in this public hearing on the Abel Park subdivisions, zoning change, uh, please approach and let us know who you are, where are you from? And sign in. Any further comment in this public hearing and last call, we will close the public hearing, move in to discussion and action on this public hearing.

00:40:46,500	Move to approve the final plot, and give a two pass recommendation to the Burleigh County Commission. Second, okay. It has been moved by Commissioner Munson, seconded by, we’ll say, Commissioner Commissioner small. Yeah. Uh, for for approval or a do pass recommendation to the county commission. Uh, is there any discussion on the motion? Okay. Seeing no discussion, we’ll move into a roll call. Vote chair.

00:41:14,730	Yes, Commissioner Bitner. No. Um, Mr.. Connelly. Yes, Commissioner Hull. Yes, Commissioner Jarratt. Yes, Commissioner Munson. Yes, Commissioner Patrick. Yes. Mr.. Small. Yes. Commissioner Streifel. Yes. Okay. Approved. The Aberle Park subdivision zoning change is approved, and we’ll move to the county commission with the do pass recommendation.

00:41:43,300	We’ll move into the fourth public hearing of the evening. The Axt River cliffs subdivision. And, Jacob, if you could take us through some details on that and then we will open the public hearing after that. Hello again. Commission. This is B, the Axt River Cliff subdivision, located at 26276 80th Street, northwest.

00:42:07,830	Specifically, it’s part of the northwest quarter of section 27, Township one, 42 North, range 81 West. This would be a lot combination of two existing parcels in an subdivided area. In order to have these two parcels merged, they would need to be platted. That process has gone through. This new lot would be 4.93 acres, and it is in Painted Woods Township.

00:42:29,670	They are in independent, organized township. They have their own zoning authority. So we would not be handling zoning here, but we still have planning authority. And the one last thing we are asking for another conditional approval specifically this time we would like to see proof that there is some sort of easement connecting this subdivision to

00:42:50,370	80th Street Northwest. They aren’t physically connected to each other, and while there is a existing connection point there, there is no. We have yet to see any proof of an easement, and we would ask that prior to full approval, we would see that some evidence of that.

00:43:10,600	Are there any questions? Okay. Any questions? Comments for uh for Jacob. Seeing none. Thank you. We’ll open the public hearing on the East River cliffs subdivision. Line. And I’m here again. Um, yeah. Just to add a couple of points to what Jacob had mentioned. This is in the Painted Woods Township.

00:43:35,870	We’ve met with the township a couple of times already. Uh, in order to get sort of a conditional approval for a future addition onto a building. Um, the zoning won’t be changed. Um, this doesn’t meet necessarily painted woods. Minimum size for for a lot of they’re typically they have to be 40 acres and painted with the township.

00:43:49,700	However, since there’s already an existing structure there, people already living there, a road to it. It doesn’t it doesn’t affect them. They didn’t have an issue with the with the substandard size for them. Um, as far as the easement for the road, we are looking at that right now.

00:44:02,030	Uh, we’re getting title opinion prepared. So hopefully they can find an easement for this area. However, we would also state that Sentry Code does allow for a road that has been there for over 20 years. It’s just becomes a road regardless of whether there’s an easement there or not.

00:44:14,930	If it’s been open, it’s been used for that time. It’s a road, and this road has been open for beyond 20 years at this point. But I can certainly answer any questions if you have them. Yes. Any questions for land Commissioner? Small. Yeah. Is this a private drive then? Basically it’s not it’s not going to be a subdivision. County subdivision road or anything.

00:44:31,830	Commercial small. That is correct. It’s just a private drive. Any additional questions? Comments for Elena. Are you seeing none? Thank you, thank you. If anyone else would like to speak in this public hearing on the Axt River cliffs subdivision, please, please approach the lectern.

00:44:51,970	Let us know who you are, where are you from, and sign in. And, uh, would you like to make a comment on this on this road piece? Yeah. Mr. Chairman and Commission, I just wanted to make a comment on the, uh, conditional approval of this.

00:45:14,030	There has not been a paving waiver done yet, and that does go to the county commission tomorrow. So I would also like to add that there would be a condition that that gets approved tomorrow as well. And then prescriptive easements, from the best of our knowledge can only be done by a judge.

00:45:32,800	So, um, a road that exists can only be, can, uh, have that approved by a judge. So. Okay. Okay. All right. Any questions comments. Seeing none. Thank you. The, um, I guess if anyone else would like to speak in this, uh, public hearing on the Axt River cliffs subdivision, uh, please approach the lectern, let us know who you are, where you’re from, and sign it.

00:45:55,630	Anyone else like to speak? And last call? Seeing none, we will close the public hearing and move into discussion and action on the Axt River cliffs subdivision. Any discussion or action that we would like to take? Sounds like there’s a need for a paving waiver.

00:46:20,970	There’s also a need for an easement or, uh, seems like there’s a need for an easement. Um, on this. Any discussion or action we would like to take? Move to approve with, you know, the long list of conditional, I don’t know, waivers or whatnot with a do pass recommendation to the county commission. Is there a second? I’ll give it a second. But I would like to point of clarification if I could.

00:46:51,700	Yep. It’s okay. Uh, so it has been moved for approval or for a do pass recommendation to the county commission with the condition of a paving waiver being placed in place and an easement to access 80th. Is it 80th Street? 80th Street? Correct, or. just 80th Street? Yeah. For connection to 80th Street.

00:47:14,630	Uh, yes. Uh, your point, Commissioner Jeff. So did I understand. Um, the engineer, that an easement wasn’t necessary or did I misunderstood? It sounds like there’s some contention contention between, um, if there’s an easement necessary or if there’s just an automatic easement through century code. Um, sounds like there’s some interpretation. Uh, differences with. That.

00:47:39,770	So who settles that? The Highway Department claims that that needs to be settled by a judge. Okay. Any further discussion on the motion? And the motion is to send this to the county commission with a do pass recommendation pending a paving waiver and an easement to an easement for connection to 80th Street.

00:48:06,470	I don’t believe I stated that correctly. That is correct. Okay. Any discussion on the motion? Seeing none, we’ll move into a roll call. Vote. Mitch. Chair Agnew. Yes. Bitner. Bitner. No. Commissioner Connelly. No. Commissioner Hull. Yes. Commissioner Jarratt. Yes. Mr.. Munson. No. Commissioner Patrick. No. Commissioner Small. Yes. Commissioner Streifel. Yes. Uh. Motion approved.

00:48:45,870	Okay. The Axt River Cliff subdivision will move to the county commission with a due pass recommendation, pending a paving waiver in being place and an easement for connection to 80th Street. We’ll move into our fifth public hearing of the evening. This is the Chad Dr subdivision.

00:49:07,570	And looks like Jacob’s going to take us through some details on that. And then we will open the public hearing. Hello again. Commissioners. This would be for the Chad Dr subdivision. It is the northwest quarter of the southwest quarter of section 29, Township one, 38 North, range 79 West. This is a 39.

00:49:29,670	92 acre site, and the proposal would involve the creation of a four lot subdivision. These four lots would range in size between 6 and 10 acres, and this is in Apple Creek Township’s zoning jurisdiction, but still in our planning jurisdiction.

00:49:50,000	We have given them note of this subdivision coming in and being a subject of public agenda. They have not given us any comment, approving or denying. Are there any questions? Any questions for Jacob? I think Jacob, there was just a quick one.

00:50:10,770	There was, uh, I think some comment we got before the meeting about something about cutting down a hill, uh, for visibility and safety. Do you know, did you get any feedback on that, or is that. Uh, perhaps once again, this would be a highway department matter that I could have them speak on? Oh, we might as well pull Casey. Up, Commissioner Holt.

00:50:29,030	Something in the meantime? Yeah. I have a question for Jacob, if you don’t mind. Um, so I saw that said 6 to 10 acres. If it’s just under 40 acres, are they? Are I just wondering, are they going to go over ten acres to, you know, because if they’ve got one at six acres, then they’re going to have some land unused.

00:50:44,930	Uh, the remaining numbers in between that you’re thinking of, those would go towards the right of way for the existing roads. Perfect. Okay. Thank you. Okay. All right. Any additional questions? Comments for Jacob. Seeing none. Thank you Jacob. And, uh, Casey, if you could give us some, uh. Some comments on that.

00:51:07,870	Uh, we didn’t see the comment, so I just. Okay. Sure. Is it on 55th or. There was a comment and it’s 55th Avenue. Correct. And, uh, talking about that, there was supposedly a plan to cut down the hill to improve visibility and safety.

00:51:24,370	Uh, but that hasn’t been done yet. Is there any plans to do anything as far as, uh. I would say in. adjusting that hill long term? Yes. In the short term, there isn’t. It’s a township road. If the township wants to do it, we aren’t going to stop them on there.

00:51:41,570	But, uh, it’s it’s difficult when it’s an existing road that’s been there and you have development on the north side also that to say, okay, you’re the one who has to do it. But these guys didn’t have to do it. It just it gets tough to say that okay.

00:51:56,670	But I do agree long term it’s 55th matures over the next decades. That is an item that will have to be addressed. Okay. It’s a okay township road. And uh okay I appreciate you taking us through kind of what the the the planning or or lack thereof. Commissioner Small.

00:52:13,000	Casey, you guys would have to approve the approach permit. In any case, right? Uh, actually, Apple Creek Township has approach authority, but on the plat, because they didn’t want to build internal roads, we say we highly restrict their access.

00:52:31,100	So we told them, you get these two access points, 1 to 50 fifth and 1 to 66. Be very thoughtful and where you’re at. So you make sure you have site distance and in each direction. So their engineers did look at that. They did figure those parts out.

00:52:45,630	And that is shown in the plat where those access points are at. And we looked at them and it was yeah, we can live with that. Okay. Thank you. Any additional comments? Questions for Casey. Thank you Casey. Thank you. Okay. We will open the public hearing on the chat doctor subdivision.

00:53:05,470	So if anyone would like to speak on that, please approach the lectern and let us know who you are, where you’re from and sign in. Good evening, commissioners Greg Feser with Mountain Plains engineer for the project. Uh. Basically just, uh, trying to keep it as a simple four lot subdivision off of existing roads.

00:53:36,370	Uh, as Casey mentioned, we’ve got combined access points, so minimal, uh, access connections and, uh, push the access on 55th is far down the hill as we could, uh, to make sure that we met acreage and access point requirements. So, uh, any questions? Any questions for Greg? Seeing none. Thank you. Greg. Thank you.

00:53:59,100	If anyone else would like to speak in the public hearing on the chat doctor subdivision, please. Oh, yeah. I do have a question, Mister engineer. I’m sorry I didn’t catch your name. Oh, that’s Greg. Greg, that this all has to go through the Apple Creek Township, right? Correct.

00:54:17,970	So at the end of the day, they’re the ones that basically give you the final blessing or not, right? Correct. Thank you. Yeah. Commissioner Patrick, did you have something. For Greg? Yeah. Is there a reason why is being left as a agriculture and, uh, rural residential? Uh, that will that’ll be part of, I believe, the Apple Creek. Uh, part. Of what part of Apple Creek townships.

00:54:40,400	Um, process with the planning? Well, because if it’s going to be, uh, uh, down to six acres, uh, that doesn’t qualify as a as an egg, right? In our ordinances or zoning ordinances. And that would that would depend on if Apple Creek would want to exempt that. Mister. Is that how that. Would go? Yeah. Mister chair, they have zoning authority.

00:55:00,700	We have planning authority. Okay. As the difference, we we asked them for comments on it. I sent the certified letter to them on this subdivision. There were no comments sent back. Um, they were I did talk to the chair about it, and, um, they have absolute zoning authority.

00:55:19,500	So if they want to leave an AG, they it’s their business. Okay. All right. Any other questions? Comments for Greg seeing none. Thank you. Thank you. If anyone else would like to speak in the chat. Doctor subdivision public hearing, please approach the lectern.

00:55:40,870	Let us know who you are, where you’re from, sign out and last call. Seeing none, we’ll close the public hearing and move into discussion. Action on Chad Dr subdivision. I move to. approve and give a two pass recommendation to the Beaufort County Commission. Second hour. It has been moved for a been moved for a two pass recommendation to the County Commission by Commissioner Streifel, seconded by Commissioner Munson.

00:56:04,230	Is there any discussion on the motion or. Excuse me, seconded by Commissioner Jarratt. I was over in that area somewhere. To make sure it’s. Right. Yes, yes. Is there any discussion on the motion? Any discussion? Hearing none. We’ll move into a roll call. Vote. Chair Agnew. Yes, Commissioner Bitner. Commissioner Connelly. Yes. Commissioner Hull. Yes, Commissioner Jarratt. Yes, Commissioner Munson.

00:56:36,800	Yes, Commissioner Patrick. No. Commissioner Small. Yes. Commissioner Streifel. Yes. Motion approved. All right. The Chad Dr subdivision is will move to the county commission with the do pass recommendation. We’ll move into our sixth public hearing of the evening. And this is the Missouri Valley Complex. Second, replant. And, Mitch, if you could take us through some details on.

00:57:01,670	This. Mr. chair, I should have mentioned this earlier. I’d like to pull this, pull this from the agenda. Uh, there are things that are not completed on it yet.

00:57:19,800	Um, this was this was a joint powers agreement on the zoning authority and the zoning, the planning authority of this with the city of Bismarck. We haven’t heard their comments, but, uh, also, um, we’re still working on the plat, so it’s I mean, we thought that we could table it for the next couple of hearing, but I think we’ll just pull it until.

00:57:36,900	And then once we get everything done and complete it from the city, we don’t know what their corrections are going to be. They have to follow their ordinances. We follow our ordinances. So it’s going to be interesting what how this plays out. Okay. All right. Well, good. We haven’t even opened the public hearing. So great. We will move on. All right.

00:57:54,230	That takes us to the public hearing for the ridge at Hawk Tree third subdivision. And looks like Jacob’s going to take us through some details on that. And then we will open the public hearing. Hello again. Commissioners. This is the rigid hawk tree, third subdivision at 3500 East Link Drive.

00:58:17,170	This would be part of section 36, Township one for the North, range 81 West and part of section one, Township 139 North. Range 81 West and part of lots 44 and 45. Block one. The Rigid Hawk Tree Subdivision. This would simply be a measure to redraw the parcel boundaries surrounding the existing rigid Hawk tree golf course.

00:58:40,770	The existing parcel lines don’t necessarily have the best reflection of where the actual boundaries of the golf course currently are. This would be a measure to make sure that all of the golf course is on only two lots.

00:58:58,770	This would be a 227 acre project, and there are two lots, the dividing line between them being the township line that we need to keep. And there would be no zoning change associated with this project. Are there any questions? Okay. Any questions for Jacob? Yes, Commissioner Hall. Thanks, Jacob. Yeah. I presume that the land there’s just the one landowner for wherever they’re shifting the property lines. Yes. Okay. Thanks. Any additional questions for for Jacob? Seeing none.

00:59:24,930	Thank you. Jacob, we’ll open the public hearing on the ridge at Hawk Tree, third subdivision. If you would like to speak, please approach. And you pretty much know the. Drill. Evening, gun. Harvey Schneider with Tolman Engineering. Just like Jacob said, it’s kind of a house cleaning up here.

00:59:45,770	They just cleaned up all the boundary lines around the outside. Used to be owned all by one owner, and then they just cleaned everything up. Now taking care of all the small parcels. Okay. Any additional questions for Harvey? Seeing none. Um, yeah. Just make sure you sign in. Okay. Thanks.

01:00:08,830	Anyone else like to speak in this, uh, public hearing of the ridge at Hawk Tree third subdivision. And last call for this public hearing. Seeing none, we’ll close the public hearing, move into action, and discussion on the ridge at Hawk Tree third subdivision. Yes, Commissioner Patrick second. All right. It’s been moved for approval by Commissioner Patrick, seconded by Commissioner Connelly.

01:00:35,930	Is there any discussion on the motion? Of course, the forward. Motion didn’t go to the county commission. Correct. Is there any discussion on the motion? Okay. Seeing none. Mitch, if you could take us through the roll call. Vote. Chairman Agnew. Yes. Commissioner Bitner. Commissioner Connelly. Yes, Commissioner Hull. Yes, Commissioner Jarratt. Yes. Commissioner Munson. Yes, Mr.. Patrick. Yes. Mr.. Small. Yes. Commissioner Streifel. Yes.

01:01:02,600	All right. It is that is approved and that the ridge at Hawk Tree third subdivision will move to the county commission with a due pass recommendation and on to our eighth and final public hearing for the evening. This is our this is the revisions to certain ordinances.

01:01:19,230	And these are the ordinances. Uh, they’re they’re listed in here. This is, uh, the ordinances that we’ve been speaking about for the last, uh, multiple months. And we had a first hearing on this last meeting.

01:01:34,700	This would be the second hearing, uh, on all the changes in this, these, uh, if anyone would like to take a look at the changes we do have them here. I know they were out available to the public. Or were they? I heard they were. But. Mr. Chair, they are in our office for anyone who could wanted a copy. And they were also on the website. Okay.

01:01:54,970	And they are also posted on public hearing on the notice in the paper. So there’s ample room or ample places they could have had access to these. We didn’t get any calls or any requests for.

01:02:18,030	Okay, any questions or comments from Mitch? I would assume, Mitch, that in this all of the all of the items that were on that were brought up last meeting for corrections, we’re all in here. I the ones that I was aware of, I know I took a look, they looked like they. Were.. Anyone have any thing for Mitch before he steps away? Seeing none.

01:02:36,100	Well, I would like to say, Mister Chair, I’d like to say that these are the revisions to article three definitions. Article six incidental uses. Article eight, section four. Article 11 A right culture. Article 12 residential. Article 12 R2 residential. Article 15 are five. Residential. Article 16 commercial and article 18 industrial. All right, thanks for listing those off. Uh, it’s a definitely a mouthful.

01:03:06,470	Uh, any additional questions? Comments? Uh, for Mitch, Commissioner Streifel? Yep. Mitch, I did have a question on I don’t know why I haven’t noticed this before, but there’s one part here that says it’s a foster home for adults. What page? Uh, page 77. So number 13, under.

01:03:36,570	So this would be article 12, um, R1 residential zoning, section two. Number 12 or number number 13. Number 13. Sorry. Under section two. Until now. I didn’t add it. It was in there, but I certainly can provide a definition for it. Yeah, I’d be interested to know what is a foster home for adults. Uh Commissioner Hull.

01:03:59,070	I’m guessing it’s like a group home for folks with special needs, you know, like memory care or other things like that. It’s my my assumption. Retirement home. Good. Uh, yeah. Commissioner Patrick.

01:04:18,030	Well, I recall that our discussion on accessory dwellings was related to, for instance, uh, I had a parent who became disabled or wherever needed care. And that parent then could be they could build an accessory building for That parent to live in on that property. Not foster. I don’t, I don’t I don’t think foster home is correct. I think it needs to be just the wording changed.

01:04:34,600	And what, uh, what would that need to change to? Because it. I would agree it doesn’t quite it doesn’t quite ring right. I don’t know unless there’s something. But Commissioner Connelly do you have. Yeah. I don’t know if it’s still in operation. I knew the, um, some folks that had one.

01:04:52,270	Similar to what, um, Commissioner Hull was saying is they had right within their own home, 5 or 6 people that struggled with Alzheimer’s and they took care of them.

01:05:10,000	There’s a lot of permitting and everything that goes along with it, but it just allowed for a lower intensity setting than, say, a nursing home or. And there’s a lot of regulation that goes along with them. Um, there’s also like the different organizations, the hits, the prides, they enable some things. They have more apartments. Um, some of them are multi, some of them are regular apartments.

01:05:32,270	So it can probably cross a few different lines. How much of that is in the county? I don’t know because just the one example I shared, I do know that one was in the county. So calling it a foster home is is the would be the correct terminology? Yeah. Okay. Uh, yeah. Commissioner Munson yeah.

01:05:48,800	And you know, my daughter, prior to her moving to the nursing home, lived in a family foster home in very exactly what was said. It was a home designed to handle 3 to 5 adults. They had to be licensed to handle the adults rather than the children.

01:06:10,470	Uh, and so, yeah, it’s it’s no different than a, uh, a child foster home. It’s just an adult foster home. Is this a is this different than a group home? I’ve, I’ve heard that term before. Is that is that synonymous or. That is different. Mister chair. Yes. Yeah. This is, uh, in in residential districts, so it’s no commercial activity. There’s no more commercial.

01:06:31,070	I see. Gotcha. Commissioner Patrick. Yes. I also believe that, uh, in the accessory dwelling, um, rules that we passed, there’s also some size limitation on that only to. Um. Right, right. Yeah. Mister chair. Chairman.

01:06:54,500	Uh Commissioner Patrick, these are for in in single family dwellings for homes inside there to foster these people inside their homes if they want to have ADUs and foster that. I don’t, um, does a special use permit, there have to be some consideration on how many adults you want to have in this. The Adu. It’s basically for relatives as well as the design of those accessory dwellings. Okay.

01:07:14,730	I appreciate the clarification on this. That’s a good call. Mister chair. Yeah. So this is, um, allowed without a special use permit though, right? This is under just uses permitted. Yeah. Correct. Yes. So what would be the point of saying for adults? It’s unusual to adopt an adult.

01:07:39,370	I would say foster homes are for adopting children, kids and minors. So. So if you had a minor that would just there was. there’d been that’s obviously permitted also. Yeah. Yeah. Right. Well yeah. Commissioner Connelly yeah. One of my best friends from all my. Uh. From college. So they took care of their son all their life.

01:08:03,900	Once they became an adult, they actually have to go through a court process in order to retain, um, guardianship of their loved one. Otherwise, if they don’t get that, they have to go on to some sort of an outside the family unit in order to live.

01:08:31,100	So, um, having it classified that way, um, it allows some of those ambiguities for the different type of needs for the individual people. And a lot of times that gets defined by those court proceedings in order to adjust for it. Um, when I give the first example on ADUs, allowing for those spaces is becoming more popular because it allows for a family.

01:08:52,100	I took care of my grandparents for 15 years. If and so that would be designating a space specific for their care within a home. That’s family. Taking care of family. In the case of, say, a foster home.

01:09:10,030	This one I don’t want to say their last name out of respect in the HIPAA rules and things, but they were out in the county and they had they were taking care of elderly people within their home that weren’t related to them, and they have to go through all of the HHS requirements and all of the zone board requirements in order to have those type of things, um, allotted for.

01:09:28,270	And I would presume that’s why it wasn’t on the, um, special use permit, because it just adds so much trying to take care of people in the most affordable way in compassionate way. Got it. Okay. Uh, any additional questions for Mitch before he steps away? Uh, okay. See you none. Mitch. No questions out of nine articles.

01:09:54,330	Well, we’ll move into. the public hearing. And we we might. We might just don’t get too comfortable in your seat. We might in. A month, we might have more questions. Yes. We hash this together out for six months. We should be done with questions at. This point. We’ve been through it a few times. Okay. We will open.

01:10:09,470	We’ll open the public hearing on the revisions to the certain ordinances that, uh, that Mitch called out. So if anyone would like to speak on these revisions to the certain ordinances, uh, please approach the lectern. Let us know who you are, where you’re from, and sign in.

01:10:28,730	If anyone would like to speak in this public hearing of the ordinances that we all get to live by in the county and in most of the ETA. No one. Last call. Okay, uh, we will close the public hearing on the revisions to certain ordinances and move into action and discussion.

01:10:55,770	Move to approve the updates to the ordinances and submit that to Berlin County Commission for final approval. Second, okay. It has been moved for approval or to send to the county commission with the do pass recommendation for the revisions to certain ordinances by Commissioner Munson, seconded by Commissioner Hull. Any discussion on the motion.

01:11:15,730	I guess I would just like to say that, uh, I mean, we’ve all sat through this, so, uh, I want to make sure that I say that I appreciate everybody’s time and effort that went into this, because this was months and months. But, uh, any additional discussion? Commissioner Patrick? Yes.

01:11:33,330	Well, I’m looking at six eight on the agenda and it says review proposed changes and recommend second public hearing. So, yeah. Mitch. Mitch, um, does this have to go. To this was. Yeah. Does this have to go to a public hearing at the commission or this is the final public hearing? Mr. chair, this is the final public hearing. It will go to final approval at the county commission.

01:11:55,000	Okay. Thank you. Commissioner Munson. or or no, Commissioner Connelly, you had. Something. Since we had that clarification, even at the county level, even though it’s not a formal public hearing with Senate Bill 2180, everybody can still comment on it.

01:12:15,830	So, um, that’s an added element that’s really nice for citizens. Um, this has been a huge, huge lift. The ETA discussion. I was really surprised when we brought it forward at the city commission. People have been asking me to bring it forward since 2015. I brought it forward. I really appreciate all of the people that said yes. All of the people that said no.

01:12:35,400	This has been a lot of heartburn since it was adopted in 1977, where they made it. The thought process regulation without representation, a thing. And so for a lot of people, all of that work reversed that. That’s what they’ve been. They’re still zoned.

01:12:54,070	They still have to go through this board rather than the city board. Um, we don’t know the good consequences. And the hard consequences yet of that. It is what they’ve wanted. And just like this, it wasn’t an easy lift for the county. And we need to continue to support each other as we grow into those spaces.

01:13:13,670	So I thank each and every person. That’s been a long conversation. Yes. Further discussion. Mr. Patrick, did you have something? Yeah. Go ahead. I just say, you know, um, the reason I asked the question because it said recommend public second public hearing. Well, has the public heard the changes? Now that’s the other part.

01:13:40,900	Um, although they can hear them at the county commission meeting. But it appears to me that this does require a second public hearing. Uh, we yeah, we had the public hearing on. it last month, and then now this would be the public second. But we made changes last month.

01:14:00,030	I think requirement wise, this that would this this is the final public hearing. Correct, Mitch, even though we did make changes ordinance. Yeah. Ordinance changes take just two public hearings. Even if we made changes. Even if you made changes. Okay. I guess. Thanks for that. Yeah. Commissioner Hull. Thank you. Thank you. Chair. I guess the other. Yeah. Pomp. Uh, Commissioner Patrick’s comment.

01:14:19,370	Uh, I guess the question mark was, if the last one count as a public hearing due to issues with public notice, if I recall correctly, where it wasn’t posted or it wasn’t posted in time, or am I misremembering the. Yeah, the public hearing was posted two two times, ten days before the public hearing. For the last meeting.

01:14:38,000	For the last meeting, the same thing for this meeting. All right. Thank you. Yeah. Okay, I appreciate that. Yeah. Commissioner Strike. Maybe where that confusion is coming from is I had to ask for it to be posted. Uh, all the verbiage to be posted on the website for the second public hearing. And. Yeah, thank you.

01:14:54,930	All right. Any further discussion on the motion? Seeing none. Mitch, if you could take us through the roll call vote. Mr. Chair. Yes. Uh, Commissioner Bitner. Commissioner Bitner. Abstain. Abstained. No. Commissioner Connelly. Yes, Commissioner Hull. Yes, Commissioner Jarratt. Yes, Commissioner Munson. Yes, Mr.. Patrick. Yes. Commissioner Small. Yes. Commissioner Streifel. Yes. I have the same. Thanks.

01:15:25,870	Okay. So they, uh, that is that is approved the revisions to the certain ordinances that were listed earlier before the public hearing, uh, go to the county commission with the due pass recommendation. Is there any other business that we need to take up at this meeting? If not, I would entertain a motion to adjourn. Someone second.

01:15:50,470	All right. Has been moved to adjourn and seconded. Is there any opposition to adjournment? Hearing none. We are.