Board of Supervisors Meeting
March 20th, 2012
Call to Order: Meeting called to order by Clerk, Krista Heen at 9:03pm.
Roll Call and Determination of a Quorum: Jeremy Heen, Larry Novak, B.J. Lindvig. Absent: Verlin Fossum and Don Nelson.
Election of Chairman and Vice-Chairman: Jeremy H. nominated Larry N. for Chairman. B.J. L. seconded the motion. No
further nominations. Motion carried. B.J. L. nominated Jeremy H. for Vice-Chairman. Larry N. seconded the motion. No further
nominations. Motion carried.
1. 1st Reading of the Zoning Ordinance Amendments
Summary given by Krista Heen as to the process of a Zoning Ordinance Amendment and the responsibilities of the
Planning and Zoning Commission and the Board of Supervisors in this process. It was explained that there will be a 2 nd
reading on Sunday, March 25th, 2012, at 3pm and a vote will be taken at that time. Copies of the Zoning Ordinance
Amendments were handed out. The Amendments were explained and included: removal of the land coordinates from
page one; wording change to 2.2.50 from “Temporary” to “Concentrated Workforce Housing”; 184.108.40.206 same word
changing; 220.127.116.11 through 18.104.22.168 moved from Permitted Uses to Conditionally Permitted Uses; addition of RV parks
to RC Conditionally Permitted Uses; 7.6 change of Violation fee up to $5000; 7.2.3 wording change; 7.5 addition of
two members at large; 7.4 removal of “and the nearest regularly published newspaper”; and change of permit fee
Public Hearing Ground Rules read by Krista Heen.
Chairman Larry N. opened the floor up for public discussion: Chris Kreger of Indian Hills Disposal – asked for
difference of permitted uses and conditionally permitted uses. Krista H. reviewed definitions from Ordinance. Cathy
Omstead – asked for clarification of agriculture. Explanation given to what zoning districts we have in our Ordinance
– RA and RC. Scott Andren – asked what comparison there is to classify a single family home with a lagoon or wind-
farm under the CUP with RA district. Chairman Novak asked that questions be asked regarding the Public Hearing
topic which is the Amendments to the Ordinance and not entities that are not up for amending. Other concerns or s can
be brought to the Planning and Zoning Commission for review. Tim Novak, Tom Novak, Gene and Cathy O. and
Robert Hayden all had questions regarding Conditional Permitted Uses. Large concerned expressed over the ability of
the Board to “revoke” the permit at any time. It was clarified that there has to be a reason for a permit to be denied or
revoked (i.e. safety, complaints, etc). Concerns voiced that Developers are not going to want to purchase land and be
under a conditional use permit that has to renew all the time and have the possibility of being taken away. It was
further explained that if a person or company is operating within the conditions of the permit, there would be no reason
to not renew or revoke the permit. It was also explained that once a structure is built, the permit would stay with it but
the project is complete. Further concern expressed regarding the feeling that it is not the township’s right to control
what goes on with a person’s property. Clarification given in regards to a zone change versus a conditional use permit.
There was a large misunderstanding among certain people in that a zone change goes with the land and a conditional
use permit does not. Chairman Larry N. stated he would visit with the township’s attorney for further clarification
regarding stipulations within a conditional use permit. Tim N. – questioned why the Ordinance was being changed. He
felt it should be developed and then not change. Alicia Kline – explained as a Commission as to why she made the
motion to move these entities into the Conditional use Section of the RC district. She explained that these permits are to
protect the township and residents. It gives the Township control over a “project” so that the conditions are being met
with consideration to neighbors, resources, safety, etc. Permitted uses do not allow for this. The Ordinance was
developed as a starting point and over time it will need to be amended to fit the township – things change. Joe Paulson
– commented on concern with permanency. Further discussion held regarding the Continually Use Permitted process
and definition – not the actual entities. Tim N. – expressed that if an infinite time frame is attached to a conditional use
permit, he supports this not that he better understands it. Jed Rider – agreed. Scott A. – suggestion to put a caveat in
the CUP that the CUP doesn’t transfer with a land transfer. Gene O. – expressed that he would want to see a longer
term than annually for renewing CUP. Tom N. – questioned RV park process in regards to a Conditional Use Permit.
Several questions were asked about the Ordinance and application process. Krista H. explained that there is a website
that the ordinance and applications can be accessed. She encouraged everyone to read the Ordinance, than contact
herself, any of the commissioners or Board members for further questions instead of using this time for that. Scott A. –
expressed concern of the amount of extra work that processing these CUPs will add with an already stretched
Administrator and Commissioners. Chairman Novak made a suggestion to possibly review/renew all CUPs at one time
once per year. Gene O. – asked for the permit fee process. Is the permit fee refunded if the application is denied. “No”.
It was explained what all goes into processing a permit from the time of receipt to the time of decision. Chairman
Novak closed the floor to public comment. Floor opened to Board comment. All members wanted to clarify Conditional
Use Permit stipulations, time frame for these permits and reasoning for revoking with the attorney before the 2nd
reading. No other concerns or statements made.
Old (Unfinished) Business: None.
1. Resignation letter from Verlin Fossum for Supervisor presented to Chairman Novak. Motion made by Jeremy H. to
appoint Nannette Hayden to fulfill Verlin’s term of one year ending 2013. B.J. Lindvig seconded the motion. Motion
2. Neil Zitting for a Conditional Use Permit application – addition of a modular home to existing home (non-farm
single family residence). See attached. Brief discussion held among Board members. Fact sheet, application and site
plan reviewed. B.J. Lindvig made a motion to take the recommendation of the Planning and Zoning Commission in
approval of the CUP for Neil Zitting with the conditions stipulated that the house will be for single family residence
and followed through with approved septic system through the Upper Missouri District Health Unit as presented in the
site plan with a time term of the duration of the project. Jeremy H. seconded the motion. Motion carried.
3. Wilder Enterprises, LLC application for a zone change from agriculture to commercial for the purpose of multi-
family dwelling units. See attached. Discussion held among Board members. Fact sheet, application and site plan
reviewed. Krista H. shared that Wilder Enterprises, LLC. was contacted via email stating that their application would
go to the Board of Supervisors for a final vote, date and time of meeting, and to contact herself if they were not able to
be present at the meeting and wanted to provide a comment. There was no response. Reasonings for denial from the
Planning and Zoning Commission were reviewed – concern for safety of motorists on Highway 85 with increased
traffic from this development, appearance of a concentrated workforce housing on a permanent structure, no definite
water source plan or electricity approval. B.J. L. made motion to deny application as is with agreement of the reasons
stated by the Planning and Zoning Commission. Jeremy H. seconded the motion. Motino carried.
4. Regular Meeting date – Krista expressed concern that that Board of Supervisors should consider a set monthly
meeting date to process the applications from zoning. Board members will all check their schedules and determine a
set meeting date at the meeting on March 25th, 2012.
5. Attorney Contact – see attached. Contract presented from Kent Reierson with Crowley/Fleck for contract of services
for legal counsel representing Tri Township. Contract reviewed. Motion made by Jeremy H. to sign contract. Second
by Larry N. Motion carried. Contract signed by Chairman, Larry Novak. Larry N. will take to Mr. Reierson.
Discussion also held regarding a contract with John Mahowney, Attorney, in Center, ND. Concensus was to keep him
in consideration. Larry N. will visit with him regarding this type of arrangement.
6. Land Use Plan public input meeting – Krista H. made suggestion to the Board to consider a Land Use Plan Public
Input meeting soon in conjunction with the Planning and Zoning Commission.
7. Next meeting date: March 25th, 2012, at 3pm at the Alexander Public School Library for the 2nd reading of the
Zoning Ordinance Amendment.
8. Assessment Book: will be reviewed on March 25th, 2012. Decision to have the county increase residential and
commercial land values by 30% for the year. Krista H. will contact the Tax Director’s office with this decision.
Meeting adjourned at 10:15 pm.
Minutes approved by the Board of Supervisors on March 25 th, 2012 KH