Zoning Board of Adjustment - Regular Meeting

Tuesday, May 19, 2026

The Zoning Board of Adjustment denied a permit for a proposed campground on Ellington Avenue due to concerns about traffic, noise, property values, and lack of supporting infrastructure. The board also reviewed an existing campground permit, adding new conditions related to screening, lighting, and signage.

About this meeting

Government Body
Zoning Board of Adjustment
Meeting Type
Zoning Board Of Adjustment
Location
Mills County, IA
Meeting Date
May 19, 2026

Transcript

449 sections

0:00Speaker 20

Sure. Zoning Board of Adjustment, can I get a roll call, please? Gentlemen?

0:10Speaker 21

Here. Collins? Here. Evans? Here. absent tonight. and Sayers are here.

0:20Speaker 20

OK, thank you. Can I get a review, action, and approval of the current meeting agenda?

0:25Speaker 10

Motion to approve.

0:25Speaker 20

Second. Second.

0:29Speaker 8

Yeah, thank you.

0:31Speaker 20

Can I get a review action and approval of the previous meeting minutes?

0:36Speaker 10

Motion to approve.

0:38 – 2:30Speaker 20

Pat? Second. All right. Thank you. All right. At this time, I'm going to read a statement. Please bear with me. I'm not the greatest public speaker when it comes to this type of length. So this is a statement to be read by the chairman of the Mills County Zoning Board of Adjustment at the start of each meeting. Public hearings will be conducted pursuant to the board's rule of procedure. We will first hear the report of the department on the detailed information observations regarding the request before the board. If not done, so in written form prior to the hearing. Next, we will take the testimony of the applicant and his or her witnesses. At any time during the presentation of testimony, the members of the board may interrupt to ask questions or to make comments on what has been said. Upon completion of the applicant's testimony, I will call upon members of the audience wishing to be heard concerning the request. Persons in favor of the request shall be heard first, followed by those opposed to it. Upon completion of all testimony, the applicant will be allowed to make a closing statement to the board. Upon completion of the applicant's closing statement, I will entertain a motion from the board to close the public hearing on the request. The board reserves the right to ask questions of any member of the audience. However, you will not hear any unsolicited statements unless the public hearing is first reopened. Each speaker addressing this board shall step forward to the podium and state their name and address before proceeding with their testimony or evidence. The board shall not be bound by strict rules of evidence, but does reserve the right to exclude evidence or testimony that may deem to be irrelevant, immaterial, incompetent, or unduly repetitious. As chairman, I will rule on all questions relating to the admissibility of evidence which may be overruled by a majority of the board. Constituents, how do you say that word?

2:31Speaker 26

Continuance.

2:32 – 3:54Speaker 20

There you go. Continuances, like I said, may be granted by the board in case for a good cause shown to any interested party who has entered their appearance. The board may request a continuance of a hearing for the purpose of giving further notice, taking further evidence, gathering further information, touring the proposed site, or for such other reasons that the board may find sufficient. In such case, we shall state the specific reasons for the continuance and set a date, time, and place when the matter will be continued. All official actions of this board will be made at a public meeting by motion made, seconded, and a polling of the membership. If conditions are imposed, such conditions shall be included in the motion or amended thereto. Our final decision will be prepared in writing and will be part of the public record of this board. Thank you. Okay, at this time, can we have the discussion, formal action of permit number 26-06 of the proposed campground located at TBD Ellington Avenue, 237th Street. It is in the AR zone in Oak Township. If the applicant's ready, we're ready for your application. You stuck that one in there. Can I get a motion to open the public hearing?

3:55Speaker 10

I'll make a motion to open public hearing. Second it.

3:58 – 4:17Speaker 20

Thank you. Thank you. Okay. Now we'd like to have the discussion and formal action on permit number 26-06 of the proposed campground located at Ellington Avenue, 237th Street in Oak Township. It's in the AR zone. The applicant's ready. We're ready for your presentation.

4:33Speaker 19

And then you know.

4:35Speaker 7

And then you know.

4:37 – 6:10Speaker 19

And then you know. And then you know. And then you know. And then you know. And then you know. you know, more than six spaces where it's pretty simple. People could come and park there and, you know, just like stay overnight and go out from there and find activities in the area seven days at a time. So it wouldn't be a long-term thing. We currently only have our water available for them if someone needs to come and stay. Future plan would be some electricity add-in. No kind of a sewer dump or anything like that. Small carpet area that's on a big cement where a grain bin needs to set is also a possibility. Is it possible I have a big shelter on another piece of cement. It's there that will get cleaned off. Some little things on it are going to take away.

6:17Speaker 8

Okay. Thank you. Anything to add, Kevin? No. Okay.

6:39Speaker 20

We get the staff report. Well, I don't have anything on here.

6:46Speaker 8

There we go. Thank you.

6:48 – 7:02Speaker 20

Yeah. The sandwich all the public comment. Anybody has any opposition. The podium say your name and address.

7:02 – 11:02Speaker 5

You know the price of life and we're in 5, 4, 8, 3, 5, several things that I wanted to bring up. That corner where let's assume we put in the campground. We're going to have to put stop signs and make that a three-way stop at that corner. People are driving too fast through there now. I'm guessing about 20% of the people that are northbound on 237th don't bother to stop. They slow down and then they start accelerating and heading west on the dock. So we're going to have at least the potential of having rear-end hits there with vehicles hitting the camper. They're going to be slower to try to get in and out of the portal. I didn't hear anything that says do they have a Did my neighbors here have a plan for noise abatement? I didn't hear anything here about having a resident supervisor on the site to settle disputes, turn the noise down. I didn't hear anything other than a place to park. One of the concerns that I've got If we were to take Glenwood and put it north, south, east, west, three of the four schools are in that quadrant. Traffic going north on Lynn Street to go up to get on Ellington is going by the grade school. That's traffic that would come into the campus would be coming in the afternoons. That's when the school lets out. It's already congested there at Lynn Street, just north of 4th Street on up to Tampa. If campers are going to come in and they come in on down Sharp Street past Lynn, they go to Seavers. If they pull in there, Seavers winds up and hits Fort Street again, which eventually becomes 240 in Fort Newark. We've got the middle school sitting there and kids crossing back and forth all the time and all the sports complexes across the street. If you go further east and go up to 245th and snake your way around by Catholic Church and then swing up north, You've got the problem with high school kids coming out one car at a time, and it just keeps going for a long time every afternoon. The folks that have been up that way trying to get home, even with just a car, not with their own vehicles. But anyway, the traffic on Emerald Park The traffic on 237th North isn't stopping. Folks can't bring in campers from the east down Emerald. There's a 3,000-ton limit now on the bridge across the State Creek back there. So that means most of the traffic has got to come through Glenwood proper, go through the schools, and before they can get up to our clubs up there on Emerald Farm and that.

11:04Speaker 8

Yeah, I know.

11:13 – 12:09Speaker 5

Are the applicants, are they prepared to put up fencing around the property? Should not. Just address us, the board right now. Any concerns that you have? Well, yeah. If they're just going to put out trash barrels, then people from outside the community that don't have trash service are gonna just use those barrels and drive in and out and just fill up the trash barrels that'll be overflowing with trash at the park. Across the street from Bell Row, Liz Wilson lives there. She already has a large problem with raccoons tearing up her yard and getting in her garden. If we put any kind of trash cans in something other than a big sealed container, then we're going to have a problem with raccoons.

12:10Speaker 10

Can I ask you a question? Yeah. Does Ellington, does it start level B right there at 237th? Yeah. It goes over 250th? Correct.

12:19Speaker 8

Not quite there. It goes downhill a little bit.

12:21Speaker 10

It goes downhill a little bit, then a desert road to 250th.

12:24Speaker 5

Yeah. Thank you. It's dropping. It's dropping pretty.

12:28 – 12:48Speaker 5

Thank you. But I would suggest if we put the new camper on the end, We're going to need to get with the county and put a three-way stop there and slow the traffic down. Otherwise, we're going to have people rearranging among that corner.

12:48Speaker 20

And we don't have a timer. Normally, we have a two-minute time limit. We didn't make that announcement. So if you could wrap it up.

12:55 – 13:58Speaker 5

Just a couple more things. I didn't hear anything about the We'd have sewer, water there, at least initially. And I would strongly suggest, if we're going to have that campground there, that we have a resident supervisor there to take care of the noise at night, clean up trash during the day, and either lock gates or some means of doing the trash. I've been down to the city park a number of times, and there's a small campground down there going down to use the dump stations. And the trash, the big trash container there is constantly plumbed full. And there's only like six or seven stations down there for campers to park on. So it's trash coming in from other places that's filling up.

13:58Speaker 14

Thank you, Rick.

14:04Speaker 20

Okay. So we're going to have some time for three minutes. Is there anybody else that's opposed to this? If they would, please come up to the podium and speak.

14:15 – 15:14Speaker 11

Kyle Rockwell, 23534 Hamilton Avenue. I'm opposed to this rezoning with lower property values. The road conditions in the area are already poor, and this would increase traffic volume. This roadway is already one of the higher traffic travel roads in the county. A recreational site like this has no supporting structure in this area. You're gonna put basically pedestrians on the roadway. People are gonna wanna walk around, they're not gonna wanna stay in one spot. Uniformity in the area, the majority, mass majority of the lots are multi-acre lots in this area with single family homes, putting six parking spots on half an acre does not match anything in the area. And I can shorten sweep. Thank you.

15:14Speaker 20

Any additional public comment?

15:26 – 15:53Speaker 18

Anne writes, I'd just like to ask one thing. Are they going to have, we just had bad weather. Are they going to have some place where these people that are in the campers can go in case there's bad weather? There's nothing there. And lighting. Are they going to have some lighting? Because it's dark on that corner. Maybe they need some lighting or something like that. That's all I have to ask.

16:04 – 16:41Speaker 22

Hey, everyone. I'm the closest neighbor to the proposed RV park. You want to go ahead and give your name? Park Noble, 54971 Emerald Lane. You said Art? Yep. Okay, thank you, Art. So I've got a lot of concerns. I moved out there about two years ago for privacy and quiet. I didn't move out there to be next to an RV park. This is going to put extra load. and get drunk out there, you know, act ignorant, and there's no good to supervise it. People wandering around private property, theft's going to go up, you know, we're just not interested in it.

16:43Speaker 8

Thank you, Arthur.

16:51Speaker 8

I'm just going to tell them I don't want to be here. Yeah.

16:55 – 19:00Speaker 13

Chris Rockwell. I still have interest in property at 23534 Ellington Avenue. With zoning, we have established our zoning rules in Mills County for a reason. This currently isn't allowed in the area that we're in. We're in a residential area, essentially. Rural residential, so be it. But there are only two access points to this property that's coming on Ellington or coming up 237th Street. both which are roads that have a lot of traffic that are difficult to maintain. We have a washboard issue on Ellington, washboard issues on 237th Street. This does nothing but adds to that. In addition, in my opinion, when you look at a variance on zoning, you need to look at who does it benefit and whose detriment does it go to. Well, in this instance, The county has maybe some additional income, not a lot, but they're going to have additional maintenance on the road. The residents of the road are dealing with additional dust. They're dealing with people coming in at maybe all hours of the night. You really can't control that when somebody comes into park. When somebody goes out to leave, same thing. We've got additional trash, we've got additional noise, et cetera. As far as the developers of the property, they're the only ones that are benefiting. They're benefiting because they have a piece of ground that they haven't, that they are not using. So they're going to have income from that. So really it's to the detriment, not to their detriment, because that ground's not being used now. It's not affecting their well-being, et cetera. But it affects to the detriment of the residents on that road. with the added noise, the added dust, et cetera, and it actually adds more burden to the county. So the benefits really, the only person benefiting from it would be the developers of it.

19:00 – 19:32Speaker 4

Thank you, Chris. I'm Todd Kelsey, platform 885 Emerald Lane. I'm disagreeing with everybody else. We moved out there for peace and quiet. We don't want a noisy ass campground up there causing problems all hours of the night, bright lights, whatever other kind of issues are going on. They don't have any layout for what they want to put up there. I mean, is it just going to be, you know, gravel road shut down or is it going to be concrete blacktop, nice clubhouse?

19:32Speaker 23

You know, you want to come in and get something changed. You should have a layout, show people what you like. So it's nothing to go off.

19:39Speaker 8

So I don't want it either. Thank you, Todd.

19:51Speaker 12

Ryan Adams, 55738 237th Street. My wife had wrote a letter.

19:57Speaker 14

I don't know if you all were planning to read that or read it.

20:01 – 21:05Speaker 12

Andrea? Andrea? You want me to, I was just going to either read it or read an excerpt from it. You can read an excerpt from it. We do have them. All right. So part of what she was saying is the most concerning aspect of this proposed ground is noise. Campgrounds generate ongoing noise that differs significantly from typical residential activity. Campgrounds generate multiple or three noise sources, not just vehicles. So like RV generators, campfires and group gatherings, late arrivals, early departures, dogs that are left on site when they go do something else. Unlike permanent residents, campgrounds are temporary occupants with limited accountability to standards, making noise enforcement reactive, repetitive, and difficult. So by the time you have to report it, it's too late. You're already up and dealing with it. I think, you know, the big thing here is like the noise. And then obviously, you know, what stops it at six? What if they want to increase it to 12? Or, you know, I don't know how much brown is in there, but I don't want to look up the next day and have a whole hillside department.

21:07Speaker 20

Thank you, Ryan.

21:15 – 22:51Speaker 14

Dustin Plotik, 55556 237th Street. So I've retired from the military 21 years, traveled the world, decided to settle down somewhere that was nice, peaceful, and quiet with my family. My concern with that corner is it's completely exposed. There are no trees. I can see it from my property. There's nothing to hide what would essentially be a nice sort of area. With the tremendous wind that we have here, you see we have Crash cans getting blown over and close to all over the place. If this happens at that site, who's responsible for patrolling the entire countryside to pick up these little pieces of litter that, you know, end up in all of my neighbor's yards. An additional number of transient people coming through. I'm sure everybody watches the news. It's hard to trust people. You just had a FedEx guy that kidnapped a kid out of the front yard. I don't know anything about these people. I don't want to think that they're bad. You don't know in today's day and age. And I've got two young daughters that I'm extremely concerned for. Additionally, with that site kind of being open and there not being anything to mitigate noise, rolls down there and that's not something that I think those counties really equipped to deal with and respond to on a frequent basis. Other than that, I kind of echoed what a lot of the other folks have said. I don't think it's a keeping with the character of the area.

22:53Speaker 8

Thank you, Dustin. Thank you.

23:01Speaker 20

Is there any additional

23:09 – 23:49Speaker 24

Ray plants 5, 5, 5, 2, 0, 237th street. Um, I just want to put it down that I'm against it also. I'm not against entrepreneurial things, but it just doesn't seem like a good place for a camp. Any way you look at it. No, there's just nothing. It's not nothing to support anything there. It's just a place to come and cause trouble. Most campers are good people. I've been a camper for 30 years. And I've been around a lot of people, but I go places where there's things that support campgrounds, that kind of activity. And there's just nothing. There's no reason for it.

24:06 – 25:06Speaker 1

My name is Dennis Neff. I live at 55479 237th Street, not far from the site. And listening to the concerns about, the reasonable concerns that these folks have said about noise and insight. So I just had my own experience My wife and I have camped in various sites in Iowa and other places. And my experiences is they're quiet. We have not experienced loudness and rambunctiousness. Just out of my own experience at various sites is they tend to be quiet places. Thank you, Dennis.

25:15Speaker 8

Is there any additional public comment?

25:22 – 28:20Speaker 6

My name is Tim Stanek. I live at 233 29 Ellington Avenue, which is on the same side of the road, up the hill, a little bit away from the west. My main concern is the dust that we already have. It's really a concern now. that some of us put down dust control, but it's going to be worse with the additional traffic. The other thing is the transient nature of this, and it would probably bring some crime in. I know they say it's a week at a time, but that doesn't necessarily mean it's going to be one week for one person. It means it could be additional weeks. It could end up staying there for several months, especially if they're construction workers and people of that nature. Property values. really been going up. I'd like to have my property value go down just so I could pay less taxes. But you're talking about houses there. There's probably not one under $300,000. I'm probably $400,000 now around the whole area. How would you guys like it if you had a campground set up next to your houses? I'm sure you wouldn't be able to, especially if it's across the street or within shouting distance. I don't know if he's It's its own agricultural and residential, which is not a campground. I mean, people have people stay at their own homes with campers and stuff, which is fine, but not an income-generating property. This is not the area for it. I forgot to hear how many spaces. I didn't quite catch that. How much were you working with? Six. Six. Six. I understand that's a small amount, but you It means that they could have three at their house, three at the other house, you know, down the road, which wouldn't be a problem. I'd put it behind their house, Bill Rose's old house up there. It'd be perfect. That'd be down that road that's not being used. The traffic is another mechanism. People run down there and use their RVs to go down to the level B road to get some decent flight and enjoy themselves. I'm sure they don't want to go past that. know brouhaha or whatever that could could possibly happen up there or a quiet area with six campers and six vehicles or two vehicles per camper which would be four vehicles plus six campers would be 18 items that could possibly be there or more on a what acre it's a happy i believe it's an acre and a half acre and a half but still 18 vehicles on an acre and a half is quite a bit of track it's quite a bit of stuff there. We already have that across around the road up on Elrod already. So with a lot of vehicles up there in the campus. So if you want to get to a little bit like that, it's fine. Make sure you don't have to live next to it. And basically that's it. Traffic, dust, lower property values. Think about having it next to your house. Thank you, Tim.

28:20Speaker 13

Corey, one point of clarification. I think it is a half acre.

28:23Speaker 20

That's what I'm getting ready to look at right now.

28:30Speaker 8

Now what is it?

28:33 – 28:47Speaker 20

Acre and a half packs. We'll move on as we're talking about that. Is there any additional public comment?

28:50 – 29:18Speaker 9

Go ahead, Bill. There wouldn't be an Ember Lane if I hadn't agreed to take my hog houses down. Most people wouldn't even probably be there. But I was a good neighbor and let the fellow develop that land. I think that should count for something.

29:20Speaker 20

Thank you, Bill. Okay, at this time, there's no additional public comment.

29:29 – 31:06Speaker 16

Robin Houser, 54933 Emerald Plain. I did send in a letter. I guess I would like to, I mean, agree with opposition. My biggest concern is we've been there for 16 years. We picked that spot because my husband grew up in Glenwood. We knew our children would be safe there. We knew The families that live there, it's residential. As that has already been said, my concern is safety. I grew up in a motor home for two years, traveled the United States. I have traveled Europe and backpacked through Europe. The comment that this place is not intended for what general campground use is intended for. Campground uses, there's playgrounds, there's paths, there's other things to do, this is away from what there are other things to do. So that does almost promote trespassing, additional maybe even foot, people on feet walking through this rock road that is already not super safe. I guess it just does not lend to here's what a campground space should look like traditionally and be supported. Again, like if you do have pets, right, Robin Wolff- had pets traveling all the time, so speaking from experience personal experience lifelong experience, I am an entrepreneur as well, I have great respect for that this is not something that fits in this area, those are my concerns, along with the letter that I wrote. Thank you.

31:18Speaker 26

To clarify, it is a half acre where the actual campground will go?

31:21 – 31:38Speaker 20

Half acre. Just a half an acre. At this time, would the applicant like to... That's okay, Ray. Thank you. Or not Ray, Rick. At this time, would the applicant like to have any closing statements to the board?

31:41 – 33:18Speaker 7

As far as the questions about fencing, we did find... In the area and have gates to control the access into the park. We'll also set up some build up some rules of stipulating a quiet time. Eight to 10. Yeah. Yeah. 10 p.m. to 8 a.m. That would be on leashes or in the RVs. Any park user being destructive to other persons shall be requested to leave immediately park. Very similar rules to what any other RV park would have. And as far as the length of time, it would be very short. Like I said, up to seven days. You want to be a good host, but then I'm ready to send them on their way too.

33:26Speaker 8

Make a motion to close public hearing. Second. Second. This time, can we go to the staff report then?

33:39 – 34:26Speaker 21

I'm going to submit a written staff report in your magazine for you, but at this time, for the campground. And on the following, finding the fact that the property is in the class AR district, but the parcel really is inadequate in size, shape, or access to handle the intensity of the use. There wasn't any type of engineering site plan put in there, but I think that trying to get emergency vehicle access in and out of there All of that will be a big challenge, especially once you put the campsites in.

34:26Speaker 20

Thank you, Matt. We're going to move into board discussion.

34:35 – 34:46Speaker 10

We have 12 minutes of state time for discussion. So campgrounds are allowed in AR.

34:49Speaker 10

Okay. But I understand.

34:54 – 35:12Speaker 17

So I have some questions that everyone asked. Would you have an on-site superintendent when people are there? When you have campers on-site, would there be an on-site superintendent 24 hours a day?

35:14Speaker 7

My wife is there during the day and then after work, I'm there

35:21Speaker 17

Would you be on the property or are you on an adjacent property?

35:26Speaker 8

Two and 37th.

35:40 – 36:15Speaker 17

But not on the same parcel with the camp. And noise control, I think he said 10 p.m. to 8 a.m. And water, but no sewer and electric, no. Is that correct? And I can't tell from looking at it on beginning, there looks like there might be some structures, but, you know, my first thought was also a weather shelter for these people to go to.

36:29Speaker 8

Good questions.

36:33 – 37:59Speaker 10

I think we should deny it for the reasons that Matt stated. It just doesn't fit there. I don't see how it's going to work there. But I want to make this comment. I mean, we've been talking about campgrounds a lot in our zoning. If this is allowed in our zoning, it's hard to go to before the zoning committee and say deny it. When they have a good plan, they can do everything and make it fit. I think a lot of people don't understand that you have to go to our board to change our zoning in order to deal with a lot of these campground issues. And I don't want to get into all the issues, but It's pretty tough for our board. We've done this. You know, we have a lot of people, you know, I've been in a long time. People come and want to deny something that's legal in our county that our board of supervisors created the planning and zoning commission that they work with the board on. And it's very easy for us to get sued. If we deny something, they come back and sue. Well, this is legal. They're going to still get it. So my point is, and there's a lot of people here concerned about campgrounds, we need to take our concerns to the board of supervisors and maybe change our zoning. We can do that. We got a planning and zoning committee. We got a board of supervisors that have the power to do it. That's my comment.

37:59 – 38:53Speaker 26

Thank you. I'd like to touch on that quick. And I'm sure we can talk about it in the next one as well. But I think it's important to remember that not only can The property owner who gets their conditional use permit denied sue us, but so can the property owners around it if the conditional use permit gets granted. If you've seen that, it's going on right now. So, I mean, it goes both ways. There is obviously zoning set by the Planning and Zoning Commission and the Board of Supervisors, but the real case-by-case scenario is where it matters. It's the case-by-case situation. We can't create an ordinance that covers everything. But I just want to clarify that and that's ultimately why the zoning board of adjustment is here. But in terms of lawsuits, it can go both ways.

38:55 – 39:21Speaker 20

Thank you, Pat. Thank you, Jack. So I, you know, with public or with the board discussion right now, I think it looks like we're leaning on the deny side of it. I believe that if a person comes back and looks at this as a, A little bit more detailed business with a larger parcel area or something like that. It could be entertained. But the size that we're looking at right now, I mean, I think it's awfully, awfully small.

39:22 – 39:36Speaker 17

Well, and for me, weather shelter is a big thing. Weather shelter, security lighting. Security lighting out there, what's that going to do to the, I won't say ambiance, but to the culture of the area?

39:40Speaker 20

Jeff, do you have anything to say?

39:44Speaker 20

Is there a motion?

39:46Speaker 10

I make a motion to deny the application.

39:50Speaker 20

I'll second. Do we have a motion? Pat denies the application. And a second from Heather. Can I get a roll call, please?

40:03Speaker 10

Yes to deny. Renee?

40:09Speaker 16

I wasn't sure either.

40:10Speaker 8

I'll try and be clear.

40:13Speaker 15

Thank you. Nay. Gentlemen, nay. Evans?

40:18Speaker 8

Nay. Thank you.

40:44 – 41:06Speaker 20

we have the second i didn't pick up a brief recess why heather she needs a little bit of time all right

41:12Speaker 8

It'd be one of those minimum. Yeah, that's different. So that's like, you know. Yeah. Yeah. Yeah. Yeah. Yeah. Yeah.

41:38 – 41:50Speaker 20

Sorry, Matt, the new piece that I had a piece. And I sat there and I looked at that for a little bit. And I thought, all right.

41:50Speaker 8

It's June 7th. That was last night.

42:08Speaker 16

You know, I want to ask you to watch.

42:10Speaker 8

One way to meet your neighbors. Yeah.

42:13Speaker 19

I know, right? Right.

42:37Speaker 8

Would you . No, it's not a pole. It's a tap. I'm representing .

42:42Speaker 19

Sewers. Electro.

42:43 – 43:30Speaker 8

Yeah. Everybody's just happy. Thank you.

43:57Speaker 18

Okay, we're gonna get started back up here. We can resume.

44:23 – 44:46Speaker 20

The second item up for business tonight is the review of the conditional use permit 24-199. It's a campground located at 20424 Ingram Avenue, Pacific Junction, the Platteville Township, and the Ag Residential Zone. Matt's going to walk us kind of through this.

44:54Speaker 8

So in your packets there,

45:25 – 47:01Speaker 21

Do you all have the timeline in your? We do. So, Mr. Levy came for the zone of order adjustment, received a conditional use permit to have his campground down there off Highway 34. And in that time, we received complaint in March that was down there and so I emailed to Mr. Lincoln just to say hey you know we still have a couple of conditions that haven't been met yet and let me make sure that we got to those conditions before it opened up and just doing a test run on it at that time emailed back and forth a couple things just to make sure that we were going to meet those conditions prior to the screening barriers and things like that. So during that time, the team submitted kind of a formal complaint and the conditions aren't met yet. So that's why I just said tonight we'll have a formal review of it with Mr. Lincoln and go through and make sure that we are all complaints from the neighbors and the conditions of the permit.

47:13Speaker 20

There's not really an agenda on this, Matt. Do I ask for the opposition to come and speak about it, or do we just go through this as a board session?

47:26Speaker 21

I think it would probably be best if you had Mr. Lincoln come up and maybe it was a version of his events.

47:37 – 47:51Speaker 20

Okay. If the applicant would kind of join us, give us kind of a little bit of a synopsis of where you're at with your initial use permit. Camp Brownite. Yes. Yes.

47:57 – 53:14Speaker 23

I leave just based on my letter that I got. And we can address them in any number of ways. I think the main one may be time frame, possibly. So I got a little packet that I gave you guys. They're just emails that I had. This one goes back to TANF 31. The first one, I I think maybe the trees were planted at that time and the concrete. And I was just trying to find out some things that needed to happen on how to go forward. And if I needed permission, this is where I spoke with Matt. And he said, I just need to make sure I've met all those conditions prior to opening. That was fair back in October. At that time, I hadn't talked to the sheriff's department. I was still working on my application through the DNR, part of the floodplain stuff. In my lease, everybody has to sign up for emergency management because we don't have shelter. Got that cleared, got that through the state over the Christmas time. Not a great time to open. Had all the water running. And so in March, I still hadn't got Matt Gray's approval. And what I found out was called a buffer zone. I planted the trees for a windbreak eye block. whatever you want to call it. And so I had restaurants have in my head what's called a soft opening. I had a gentleman from Texas up. I text Matt to let him know he was going to be there, basically to ask permission or to have him tell me no. He stayed there for a couple of weeks free of charge. And he travels quite a bit. He's construction. And I wanted him to give me his pointers, goods, and badges of my campground. My water sucks. pressure's good and I need to put fill dirt around my concrete. That's what I got another two weeks. He thanked me and left. I actually did have another person come in for four days, which supposedly had, they were free as well, which supposedly had the sheriff call on them. I'm not sure if that was true or not. I never did ask Greg and I removed them the next day. That's also in here. So page two on the 27th of March, you know, in my mind, I'd like to try to open April 1st. Um, I have some people that's been calling, uh, Matt tells me they need to hear from Matt gray. And then we have a couple other requirements. Uh, landscaping was not finished that I needed shrubs planted between the trees. Um, Audrey had suggested, uh, high Bush cranberry or nine. So on the, on the 27th, I got to work on that. I talked to Matt gray, um, Matt gray reached out on the 30th, which is the next page. We just checked that box. I called around. You can see how awesome my spelling is in this email. Mall Hall and Land Hee Haw. I talked to them, talked to some other nurseries. Most of these nurseries were not going to have any of those types of shrubs until end of April. I did find somebody eventually and got them bought. On the bottom of that page, you can see what I I booted out that one camper. BCB Landscaping had them. I got the invoice. I went to look at it. It's exactly what was asked for, nine mark. I bought 15 of them, placed them in between all the trees, which I learned is what's called a buffer zone. So we have that facing Mendenhall and then on the south side as well up until the... the shed and then where the road raises. So there's no, even from Jeff's house, I don't know that he can see it, but when the trees get big, he can see it. And all that was done. The shrubs were there early in April. I don't know if I exactly have that date. We had a week of rain, as I'll let you see in one of the pictures. And then they were installed that first week of April, which I did have people in early April. Uh, these, I don't, I don't have enough room. I didn't want to run all over my partner. Jack, you already got this, but that's that relate. It'll come up later on the knocking on the door. I think it was another complaint, but so timeframe wise, there was probably less than seven days. The, the plants were on site. Uh, I did have people start paying April 1st. So there was maybe a week there where I officially had, I think two people originally until about the 13th of April, maybe around the 10th. Um, so there was, there was about a week lag, but as you can see, I was in constant communication with Matt asking, asking questions, updating him on where I was at. Um, just looking, looking for any, any possible issues. So that's kind of the timeframe. Uh, does anybody have any questions on the timeframe? I'm going to some of the other, some of the other issues that were noted, or at least that's my, my view of the timeframe. Questions for the time?

53:15Speaker 20

Do you guys have any questions on the time frame?

53:18 – 53:41Speaker 26

No. There was a Facebook post you made on your Facebook page for the campsite that then linked to a website that said the campsite was available March 18th. And it said the campsite was open. So was that a test run or was the campsite actually open? Because according to your website, it was open on March 18th.

53:42 – 54:40Speaker 23

Right. Well, and you can ask anybody. There was nobody there. The guy that was there was free, didn't pay a dime. I made Matt aware of that. I looked for his name, and I will find that I didn't look hard enough, but he didn't pay. My build-em site was not set up, which is what Nate Blinken uses. I ended up getting out of that. I just went back to Square because I only have seven spots currently. But originally, the only reason I put anything on My other campsite page was because in order to advertise through Google, you have to have it tied into to get that free advertisement where it puts it on the map and all that stuff. And, you know, honestly, I get calls all the time, even previous to having the having the campground open. So it may have said that possibly we were not taking any money and didn't take any money to that first gentleman. I think his name was was Barris or Burris. He's still there in in spot three.

54:41Speaker 26

What was the exact dates that you only had that one person there?

54:45 – 59:23Speaker 23

I think it might have even been earlier. So the guy from Texas was there, I think, for a couple of weeks in that mid-March time frame. And then he was gone. And I had another lady call who didn't pay. And I think she was only there a couple of days. And I believe Rod was the one. I don't know how long she was there. Rod, I don't know. A couple of days. And then supposedly the sheriff was there. And I went down and locked her out and kicked her out immediately. Because obviously, even if it's free, if there's an issue there, I think we talked about having a higher level of clientele if possible there. Since then, I've had the same pretty much, I've had eight people in there. The one guy we'll talk about who moved out in the middle of the night due to a family emergency, had the same seven workers there the entire time since. Everybody that's moved in stayed. I think it's turned out as far as filled up right away. All the guys seem above board. I haven't had any issues with them. I haven't had any direct complaints, although, you know, Mr. Mendenhall doesn't talk to me about it. Most complaints have been about the campground features or lighting or whatever. I haven't had many noise complaints, speed complaints. You know, some of the things that we talked about would be a concern last year when I came to get the permit. So to me, it seems good. I did install a security camera down there. I can have five extra users. So Matt goes up to Thorn Russell, so he gets that fifth if you let them. But you can log on at any time. Look at its 360 view, night vision. You can hear out of it. So if somebody would call me with a concern, I can bring that camera up and address the issue. I haven't had any issues brought to me about my current group of people. I think they're doing great. If you drive by, I've had lots of compliments on the camera on how good it looks from the road anyway. You know, it's clean. They're not, they're not gunky. There's a tri service there. There's a dumpster where they can put it in. I got a kid that goes down there every week to mow, pick up tri from the ditch. We haven't got up to 34 yet. We mow the entire property clear over the creek, which hadn't been done for years, you know, since mom had cattle grazing in that. So, you know, our expectations is to try to make our neighbors happy. You know, those seven guys are using, you know, you're a supervisor. You understand this. They're using, going to hobbies. They're using the laundromat. They're going to Russ's. They're buying gas here. You know, they're spending money in this community and I'm doing everything in my power to make the people that are unhappy about it, happy about it. And, and I think if we look at the rest, we go to these next sections, you can see it. You and I discussed it when you've got to complain about somebody knocking on his door, which I think that would suck. So, This is one of the complaints that is registered. So, of course, Mr. Mendenhall lives right next to the campground. The same, you know, we had some complaints. Some of these people worried about people wandering around. Something that I never thought about. Somebody went up and knocked on his door. Maybe multiple people. I'm not sure. Well, he went to Jack. I didn't find out about it. I found out about it through Matt. And so I called Jack and that same day I had a sign ordered from Fast Signs and Council of Laws. And in less than a week, I had it up. And as you can see on the main sign there, it's nice big letters with my phone number. It says, do not disturb the residents. So, you know, for the most part, I'm doing everything I can to keep the people that are unhappy about it happy or happier. So if any other questions on the timeline, Jack? So I'm not denying the website says that, but I didn't take any money until after the 1st of April. And actually, honestly, it was probably the end of April because my building site wasn't in a form of square. So that was just poor management on me. So a second complaint, Rodney had a legitimate complaint. I know he sent pictures. His email is included in here. And I get it. Is the video ready to go on there? Okay. So he had light shining. Have you guys all seen the pictures? Yes. I've all seen it, right? So this gentleman, as you'll see, had a family emergency. He was up here to work all summer, pulled out in the middle of the night. We don't have lights there. We have no farm lights. We have no lights at the spots. The reason is to try to keep it as dark as possible for the surrounding residents, even though other residences on this same road have farm lights. We used to have farm lights. back when we had a calendar, by the way, that were never an issue. So the one night was a problem. But if you look on a normal

1:00:01 – 1:00:36Speaker 8

I'll mention that right before it's not going to work. That's what's going to put it. No, that doesn't mean that that didn't happen.

1:00:39 – 1:02:34Speaker 23

See, he has plugged into that camper in the pictures of riding a game, right? So it is an inconvenience and there's not much I can do about that. But I think that 20 minutes or however long it took him to get going, is still better than having farm lights out there or LEDs or anything else. So that is the lighting complaint. I think we already mentioned the sign. They do not disturb. I have the rule posted on there. So everybody knows the rules. I don't think we've got any issues with the rules as far as that goes. And on the very last, I guess for me, is it seems like maybe it's a line of sight issue. I don't know how fast those trees are going to grow. And I bought the biggest possible nine mark known to humans. There are five gallons. I don't know if Corey can tell me if there's something different. But it's going to take a couple of years for those. They're supposed to be five by five. And the trees are supposed to be 14 foot. But that's not going to happen anytime soon. So I don't know what's going to keep Mr. Mendenhall happy. but I would like to figure out something. So I've included a couple options. You know, there's a fence, American Fence gave me a quote that I put right back. They also make screens that can go on the existing fence. I don't know how much light the screen would reflect or if it'd be an issue with the wind, but those are a couple options of things to try. Like I said, He could just talk to me and he could tell me what the problem is and I could figure it out. I'd figure it out. That's not what we're doing. We're coming to meetings and talking to people. Do you have any other questions over the stuff that was on there?

1:02:34Speaker 8

Well, I was going to ask Corey from the tree aspect. Is there...

1:02:44Speaker 17

a concern with planning all of them too close together and they can die each other, kill each other out. I mean, it's great.

1:02:51 – 1:03:58Speaker 23

You went and, you know, I only had one die over, which is, you know, um, I guess I would, uh, talk to the tree person. We can certainly put if, if trees is where we want to go. Like I said, if you guys look at our body of work over the last, six months, you know, and where we've come, engineered drawings, concrete pads. It obviously works, right? We're full. It's clean. We're trying to see, I mean, it doesn't look even close as good as I'd like to have it look. But, you know, we're trying. I don't think anything's been brought to me that we've said we wouldn't do or have tried to do. So I don't care what it is. Just it'd be nice to find the answer so we don't have to keep looking at each other every three months because something isn't right. Like, you know, if Greg was there every night, you know, or I was getting text messages that I wasn't answering or wasn't making attempts to do, 100% understand where somebody would be angry or mad, right? 100% understand that. But there's got to be something that we can try. I don't care if it's trees, I don't care if it's fence, if it's line of sight, you know.

1:04:01Speaker 10

I got a couple of questions. So when the trees die, you'll replace the ones that die?

1:04:05Speaker 23

I haven't yet. I just talked to the guy. The weather hasn't been good enough to replace them.

1:04:10 – 1:05:13Speaker 10

My concern is, you know, there's really no screening right now. You can look from the camper to the neighbor's window right now. So I'm just going to say what I feel right away. It might be out of order. I don't know. I think you should put another fence up there. And it doesn't have to go all the way to the highway. It doesn't have to go all the way back. Just strategically placed so a camper can't look into the neighbor's house. And if I was there, that's kind of what I wanted, the way I looked at it. I can see the tree screening is going to work, but it's going to take a few years. The fence is right there, and also the light. Nobody should have a bright enough light that affects your neighbor. I don't think that's the case, because you explained that's not the case. So I think all your conditions are basically met. I'd say at least six. If it requires a little more than that, I mean, who says the fence can't be that far off the ground? We're looking about a line of sight screening. We don't care about keeping critters out. I think that would solve a lot of problems.

1:05:14Speaker 17

So how high are you wanting this fence to go?

1:05:17Speaker 10

I don't think it needs to be that high. I can't say for sure.

1:05:21 – 1:06:08Speaker 17

So when you said you drove down from 34 or did you go around? Because I did the same thing. I drove down and around there. You know, it was as the leaves were starting to pop out. So it was starting, you know, leaves on the trees were starting to form. So that was kind of helping. I do agree. A fence would probably be a good option. I was thinking, man, if we would have left the berm up a little higher, Instead of the height that we originally set, that would help also as the trees were growing instead of waiting until the trees get fully matured. But I mean, you have done a nice job. It's a nice area down there.

1:06:08Speaker 23

Well, it's working and we're trying. And like I said, there's nothing you guys have asked us to do that we haven't done.

1:06:14Speaker 8

Jeff, do you have any questions?

1:06:18Speaker 9

I agree with that. I think...

1:06:20Speaker 14

Something like a fence put up immediately would, you know, rather than waiting.

1:06:26 – 1:06:37Speaker 23

I don't know what it said in the permit, but like two years, it would be at least six foot tall fences right now. Well, like I said, I called American Fence Company that estimate in three days.

1:06:37 – 1:07:14Speaker 10

So it is something you'd have to determine how high is it be so the guy sitting in the camper can look over the top of it. And that's not my determination. That'll be somebody else's determination. This is kind of out of line, but I kind of want to ask our sheriff while he's here. What's the policy in campgrounds when, say, someone sees someone do something unlawful, and they go in this campground? And you call the sheriff. How do they know who that is? And you could provide a list to the sheriff of everyone that's there? Well, in my other campground experience, that isn't nearly as— I'm talking even the one—this is like all campgrounds, the one down on 29, you know.

1:07:14 – 1:07:43Speaker 4

Most everything is going to have a license plate on it. The only exception would be a— a brand new camper trailer that doesn't. Even then, it should have an in-transit sticker on it identifying the owner. There's also a VIN tag that you should build around to get who the registered owner would be. I would assume, and I apologize, I was not prepared to answer the question on whether or not we've been called down, so I'm not aware. Well, I could have asked, but it didn't matter.

1:07:43Speaker 10

I can't drive anybody. Do you get a list of people that are in the campground at 29 or any campground? No. No.

1:07:50Speaker 10

So if you have a problem with the campground, you have to call the owner and then go from there?

1:07:54Speaker 4

Well, the first thing we're going to do when we get there is see if we can determine who it is just by the fact that their seeds are still there or run the license plate on the camper or the pickup beside it.

1:08:04Speaker 23

We have provided them with the camera feed.

1:08:06 – 1:08:27Speaker 4

That would probably be our first avenue. And having worked with Clay at the other campground, it's never been an issue to get a hold of him to find out He's given us the code to the one down on the river. He's been very cooperative.

1:08:27Speaker 10

What do you think the people that say, oh, criminals can come in campground and no one knows who they are or what they're doing. It's a good place for- I got my neighbor too. I'm sorry?

1:08:36 – 1:08:55Speaker 4

I said it could be my neighbor too, Brian. Okay. No, I guess we're not allowed to profile. So it's hard for me to profile on somebody who runs a campground. I don't know that I could make it last day. Yeah.

1:08:56 – 1:09:08Speaker 17

I mean, along with not profiling, Amazon using these third-party people to deliver packages, there's been shady people show up at my house that I've been questioned about. Question. I mean, you can't.

1:09:09Speaker 23

You guys, I'm sure, could call me back up.

1:09:12Speaker 20

Yeah, but this time we're going to go into public comment. Thank you.

1:09:17Speaker 8

I made a good off track there, Corey. Sorry. Yeah.

1:09:28 – 1:10:08Speaker 3

My name is Rodney. I live in 20394 Ingram, Ingramham, whatever you want to call it. Ingram, I have 35 years of my life that I lived in this house. I've known Clay my whole life. I knew his mother. Great gal. Rest in peace. As far as the complaints, it says right here, number 10, section 2 conditions on the approval permit, landscape berm, and your exact words were earthen berm was supposed to be built. And due to your guys' negligence, not allowing this, allowing the dirt to be hauled in my basement. Before he put his, you guys have seen the slideshow, right?

1:10:10Speaker 8

I have a slideshow.

1:10:14 – 1:13:24Speaker 3

Before he put his little dirt berm along the fence, that's going to rot the fence out because it's covering the fence. That's the amount of dirt that was hauled in. That is not minor grading by any means from what I understand. When the dozer and Traco have to come in and not, I don't know how many loads of dirt they all done from office. There's water in my basement. I have timestamps on all this. There's my driveway being blocked so I can, I'm a farmer. I haul skid steers around. I drive tractors in and out of my driveway. Not all the time, but frequently. Um, and then. He's only allowed seven sites for his first go round. But he has plumbed in for 13, which is over his permit, from what I understand, have been biased of. And as far as the berm that he put up, that's not per zoning regulations ordinance. It says right here that the proposed use will not be injurious to the use and enjoyment of other property in the immediate vicinity. I can't go in my yard. I got guys standing out from the door of their camper with their hands down their pants. I mean, I have no privacy. I have no, I'm not going to say I have, I've had problems with anybody there because they glare at me, but I don't talk to anybody. I'm a sole person. My fiance lives with me. We've had people knock on the door. Random cars drive down in the road. I think one was probably you, actually. As far as the light issue, that was March 9th. That camper pulled in at 12.07 p.m. because I called Matt on it, and he told me that no camper should be there. If you're going to have a test run, use your own camper. go out, pull the hydrant, plug a power tool into the electrical, see if it's working. That's the night the cops were there. It's kind of tough to see. That's the first picture is when they pulled in the first camper. But 4 o'clock in the morning, that U-Haul, actually it was 350, that U-Haul blew past my window. I live on the south side of my house. My house is from where I'm standing to probably five foot past that wall. I hear every trip and cranny that goes past my house. And then all of a sudden, two more vehicles blow past my house at speed. They didn't have lights on, but woke me up. I don't remember what exactly day that was, but he's had campers there consistently from March 9th. I have an email here that says, all the conditions have to be met before it is used. That is straight from him. There is not a landscape berm anywhere to be seen.

1:13:26 – 1:16:38Speaker 3

a little, some trees. And I understand it takes three or four years for them to grow. Now the light issue, I understand people have to set up their campers, but that's a bit ridiculous. And I know those pictures are hard to see. And he's going to tell you that they were, that is not it. They were 30 minutes. Okay. all night, if not 30 minutes. And then this photo, I believe, is the first camper that was there. And that's how bright his lights were. And they were left on 24-7 the whole time he was there. Yes, I know my neighbors have a light on their shed. That doesn't bother me. It's blocked by their house and the trees. And don't need that. If any other business were to come to you guys and need a permit to do something and open and the permits weren't all fulfilled, you wouldn't let them open. You wouldn't let them be called up. Also, the zoning board was implemented to protect what's happening to situations like this, but it's allowed. And I understand Yeah, can't get on my yard. Yeah, the guy with his hands down his pants. That was real nice. We just had a tornado warning. There's no tornado shelter. There's nothing. I don't want people coming knocking on my door. Granted, I would let them in just because I'm not an indecent human like that, but... Pretty sure I've seen a drug deal going on there the other day. Don't know if that has anything, any deal, but our roads are deteriorating faster because there's 14, 15 trucks, not cars, trucks driving up and down the road every day, four or five times a day. Yeah, and I just don't feel safe at my house anymore. I literally, we can't hardly go outside without being watched. Again, the whole fact that he does not have a berm for zoning, which is six foot earthen berm, three to one grade. He's had over a year and a half to do this. And I advised Matt that he would get all of his infrastructure in and ask for forgiveness on him, which he did at one point in time. So you guys are going to tell him to do this stuff. I don't think he's going to do it because he hasn't met his permit yet.

1:16:42Speaker 26

Rodney, do you have a picture of the south side of the property? Do you have a picture of the south side of the property?

1:16:50Speaker 9

You mean like down on the roadside? On the roadside. I got a live picture.

1:16:55Speaker 8

I mean, there's... Oh. Let's see.

1:17:22Speaker 26

Nice day for you to have your parents there, huh?

1:17:24Speaker 8

I think if we could work on a fence, it's going to be...

1:17:48Speaker 3

And the drainage. Yes, that's, that's why you guys saw that dirt is coming to us. Yeah, no machine.

1:17:58 – 1:19:59Speaker 21

And again, address the firm for you. Okay, far as it goes back to the peak barrier for those kind of code. And we had me Berman was discussed on their people's meeting comes around. I came back in with questions about that. Hold the code section on the peak barrier. There's four selections there. You can have, number one is a solid wood PVC or masonry fence at least six feet in height. You can have a landscaping screen using evergreen or delicious materials capable of providing a substantial peak edge-like barrier and obtaining a minimum height of six feet within three years of planting. You can have a landscaped earthen berm with a maximum slope of three to one, rising no less than six feet above the existing grade of a lot line separating the zoning districts. Number four is you can have any combination of these methods that achieves a cumulative height of six feet. Now the grading part on there, and we talked about that at the original meeting for the campground. grading aspect happened that dirt hauling in happened previous to them even coming in and asking for a conditional use period or use permit for that portion of it did not fall on you all but one of the pieces that we did have Mr. Lincoln do was to go back to the engineer's office and either obtain or get a copy of his permit for that for that grading that had already happened dirt that had been hauled in and things like that. That wasn't associated with the decision on the campground aspect of it. But I do remember that conversation being had.

1:19:59Speaker 3

It says specifically a landscape berm. To me, that is a dirt firm. And I understand it can be with a six foot, but you got to protect property. You cannot run water.

1:20:10Speaker 17

You cannot put burnt water.

1:20:14 – 1:20:53Speaker 3

divert water onto somebody else's property. That's never been done. But besides that, I forgot this. The sign, it's nice, but the fact that we had to have a locate to put a mailbox in the other day and he had no locates to put that sign in, and that's in the county right-of-way, I think it should be on the property, not in the right-of-way. I did talk with the engineer. That's just been involved. So, again, as the medicine conditions permit. Cut and drive, guys.

1:20:55Speaker 10

Question. The applicant provided a grading permit. Doesn't the grading permit address drainage? That's what a grading permit is for, right?

1:21:07Speaker 21

Right. And that was done through the engineer's office for the fill that they did out there.

1:21:10 – 1:21:28Speaker 10

An engineer did a grading plan. A grading permit, grading plan. or drainage. Is that what it's for? Typically, that is part of your rating. So wouldn't that go on the engineer? The engineer provided a plan to not have flooding in the neighbors.

1:21:28Speaker 21

They provided a plan to the engineer's office. It was reviewed. Yeah, I was supposed to follow that plan.

1:21:37Speaker 20

Yep, go ahead, Clyde.

1:21:39 – 1:21:54Speaker 23

Yeah, the entire thing was laid out by Schneider & Associates. They engineered it. The conference built it. There's even a basin to catch extra water on the northwest corner that I think is 24 inches deep, maybe.

1:21:54Speaker 10

So it's a waterfall going from your property to your neighbor's property?

1:21:57Speaker 23

Northwest corner, there's a basin. So everything flows down to that. And the grading permit was approved.

1:22:06Speaker 10

The basin was part of the grading permit?

1:22:08Speaker 23

Yep. It used to flow that way.

1:22:11 – 1:22:39Speaker 20

real quick before we get into this back and forth because i feel this going sideways a little bit let's let's stop the conversation there with with the grading plan let's just assume that the grading plan was turned into the mills county engineer and the mills county engineer located now now rod go ahead all right right in your forms for this permit says cannot be detrimental property it is right there should have been thrown out cannot

1:22:40 – 1:22:51Speaker 25

be a nuisance. It damn sure is. There's two. And loss of privacy, put a price on it. You're probably going to have to. That's all I got to say.

1:22:51 – 1:23:26Speaker 20

Is there any additional public comment? This really doesn't run with the staff report, does it, Matt? No, there's no staff report. So the way I'm looking at this is you've got the applicant here, and you've got the neighbor here, and there's not the Hatfield.

1:23:27 – 1:23:40Speaker 25

Not to mention the fact we don't know who's there. We've had the same neighbors for 30 years. Now you've got pedophiles and a bunch of gypsies coming in and out of there all the time, druggies. Do you want your kids?

1:23:41Speaker 17

Do you want to live next to that? At my neighborhood. Yeah.

1:23:45Speaker 25

Well, let's stop.

1:23:49 – 1:24:19Speaker 20

So we've got the campground. You've got good points made by Rodney about making sure that everything was done prior to the opening of it. We've got some, I guess, a little disagreement on how the six foot is supposed to get there if it was a berm. I think right here you're kind of. Blaming you are you're blaming the construction of the site of to cause you water problems out here at your house. Yeah, and that was.

1:24:19Speaker 17

What during the flood.

1:24:23Speaker 20

I'm just I'm just what I'm just want to get kind of the facts out that so. You know, looking at the grading plan.

1:24:32Speaker 10

Right of the most of most important, which is an art deal that only engineers in the air. created the grading plan.

1:24:40 – 1:25:05Speaker 20

No, he didn't create. He would have looked at it. So who created it? He would have, Clay would have had an engineer. Engineer. Schneider. Let's knock the small ones off a little bit as we go. I mean, I don't think we need to get two. What I mean is,

1:25:06 – 1:25:31Speaker 17

So I've got a question I've got to understand. So what, what are we assigning more conditions? Are we, what are we on the hook for now? Because we haven't had, well, I haven't since I've had anything like this where, so what are we on the hook for? Is it more conditions? Is it, we recommend that close until all of the above.

1:25:34 – 1:29:19Speaker 21

So as the board, you have that discretion to either add conditions, subtract conditions. If the board does not feel as though all the conditions are met, you can order them closed until the conditions are met. You can choose to revoke a conditional use permit from them. So there's the options on our side when when we go through the process for this on violations. So right in the URLs code section of Mills County code, violations of the conditions or safeguards when made in part of these terms under that is deemed a violation different than any other violation that we come up on. Initially, you know, we'll send them out a five-day contact letter, and it's working towards compliance. That's what we're trying to get them to, right? Get them in compliance with the conditional use, get them in compliance with codes, whatever it is. If they don't respond to the conditional use or to the five-day letter that we send out, then they get a 30-day notice violation. Now, Clay has been responsive every time that I've reached out to him. So he has not received a five-day contact letter from us or a notice of violation because, again, it's working towards compliance. And a lot of people will tell you, well, why don't you just cite him? Why don't you just issue that county infraction to him? When you issue a county of infraction to a person for the initial one, $750, for at least 30 days out. What normally will happen within that 30 days, that person who got that citation, they get themselves into compliance, right? Because they're like, hey, I'm going to court. I'm either going to get into compliance or... So if they get into compliance and you go up to court that day, the initial hearing, and the county attorneys and everybody, they pull them out and they'll say, you know, they'll ask the staff, where is this at? And you say, well, it's in compliance or it's not in compliance. If it's in compliance, then they'll say, okay, they'll knock out the $750 charge and they're left with $85 in court costs. If they're not in compliance, then a hearing date is then set. That hearing date... Maybe correct me if I'm wrong, but it could be anywhere from 60 to 90 days out before you get a hearing. That's correct. So then you go to a hearing. And again, during even that time when you got a hearing date set, you're still working towards compliance, right? You're still making contact with them to try to get them into that. And then you go through the court process. The court then issues their order on the subject. That's the way that these work on our side of it. For you all, like I said, you can, you know, I think there were very valid points brought up about the lighting that's going on out there. I would say on the sign issue conversation that the county engineer had with me was that he said, you know, I don't know if you want to make this, he had told me, he told the property owner, he goes, I don't know if you want to make the sign issue a deal because your fence is in the right way. So it's both got things down there that are in the right way. I like the idea that it's a deterrent to say, hey, you need to contact me. Don't be knocking on the neighbor's house. Those steps have been being taken. I think the idea of the six foot things, because obviously this upkeep barrier is not going to grow fast enough to be done. I think I'm not fencing there. It's probably the right way to go. Again, that's up to you guys to support.

1:29:19Speaker 20

Really, the number one question is, is he currently in compliance?

1:29:25Speaker 21

Other than this, I would say that the south end plantings, if you're going to go over the plantings for an O-peak barrier, south end, the south line of the plantings.

1:29:35Speaker 20

Right, that six-foot barrier between the combination of the two.

1:29:39Speaker 10

What about the sign? Is the sign in compliance right now?

1:29:43Speaker 21

The sign was not a condition. Okay. But is that legal to be in the right of way?

1:29:48Speaker 10

Okay. So we can make a condition and move the sign back if we want. Right.

1:29:53Speaker 17

But then the neighbor has to move their fence back.

1:29:55Speaker 21

if we're going to go that route. Possibly. I'd say a different conversation from a different one.

1:30:04 – 1:30:19Speaker 20

So going to Rodney, I mean, just putting it out there, this use is allowed in that area. Fence or landscape berm barrier.

1:30:20Speaker 3

We've got to have something to keep water from going on my property.

1:30:23 – 1:30:38Speaker 20

We're going to address that also, but what does the adjacent neighbor, what would they rather have? A fence or a... Because this is kind of the communication that would be nice if you guys could have amongst yourselves, but we're going to try to get it brought out here.

1:30:39Speaker 25

We lost our vision. Now we'll get to look at Highway 34. Cows.

1:30:43Speaker 20

Cows. Between the two, by their fence, to get to that six foot barrier.

1:30:51Speaker 17

A fence would have to be higher than six foot because a camper door is higher than six foot.

1:30:56 – 1:31:10Speaker 3

Yeah, they're like 14 foot tall. That's where it's going. And so when they pull in, they go to the north and they go back to the east. And then when they come out, their headlights are shining right in the windows too.

1:31:10Speaker 25

But if that's around the whole damn thing. There needs to be a berm around the whole thing. Because if the water goes towards the highway, he's got a pond over there. That's just a mosquito trap.

1:31:22Speaker 10

So we're on the berm, right?

1:31:25Speaker 25

I'm trying to figure out what a person would rather.

1:31:27 – 1:31:43Speaker 10

But when Mr. Lincoln had that slide, it had a good view looking at his existing fence and the camper in the background. When you kind of do a rough gauge, it looked to me like a six or eight foot fence would block that. Do you guys agree with that?

1:31:45Speaker 3

Because when he poured the paths, he actually raised the property up even more, which raised the campers up.

1:31:50Speaker 20

There you go. So a six-foot berm wouldn't do it either. Well, the top of those trees right now are what? The trees are six foot. Trees are six foot tall? Yep.

1:32:02Speaker 10

See, and we're just supposing without being there and having a line of sight.

1:32:07Speaker 20

What he's saying is if you look at that door of the camper, when you walk out that door. Yeah. Yep.

1:32:12Speaker 10

You put six foot on top of that fence, it looks like it blocks it. That fence is what, four foot now probably?

1:32:18Speaker 25

It's 48 inches.

1:32:20Speaker 10

If you put four foot on it, wouldn't that block the view? You want to go out there? No, I'm just asking.

1:32:26Speaker 17

Whose fence is that? Is it on Clay's or your guys' property?

1:32:32Speaker 3

I actually think if you look at the beacon, it is on.

1:32:37 – 1:32:54Speaker 10

All we can try to do is try to make it work for both parties. I mean, like Corey said, that's legal to have that campground. Our county supervisors approved it and our zoning official approved it. But we can do conditions to help the neighbors. That's all we can do. We can't deny it.

1:32:55 – 1:33:19Speaker 26

No. We can deny it. Things get denied all the time. I mean, we just had A further applicant just before this that got denied. We have them all the time. We had one just a few months ago. So things can be denied. But I want to go back to the conditions. Is there any problem with the fact that this says the sites will be limited to seven and there are not seven sites? Is that any issue?

1:33:20Speaker 8

There's seven sites. There's seven sites.

1:33:22Speaker 26

There's more sites than seven sites.

1:33:24Speaker 17

The conditional is seven.

1:33:26Speaker 26

Seven. The conditional use permit says there will be seven sites. There's not seven sites there. There's more than seven sites.

1:33:34 – 1:33:50Speaker 23

How many sites are there? There's only seven. I have to be able to water the grass, so I have multiple Iowa hydrants out there. There's no other power. There's no drives. There's no concrete pads. There's just water that runs across it.

1:33:50 – 1:34:23Speaker 21

This got brought up in the beginning when he was out there. I met Rodney and his dad out there on site. There's nothing that he could go and install that infrastructure that he could have put water lines all over that property, underneath that property, like the way that it's done. And if it's not being used, then it's not associated with this. So I understand, you know, they're like, Hey, the infrastructure is there and that's fine for somebody to go put infrastructure on their property. It doesn't mean that they're going to be allowed to use it, but.

1:34:23 – 1:34:34Speaker 26

So you could build 20 sites and then only use seven of them. But I mean, there's, Let's say it has the pad, has the water, has the power. He could put in 20 and then only use seven at a time.

1:34:34Speaker 21

That's what you're saying. No, the water and things like that are there. If he was setting up campsites, we would have issue with that.

1:34:43Speaker 20

The concrete pads and the infrastructure.

1:34:46Speaker 17

Well, but there's nothing saying that you can't just camp on a non-concrete pad. I do it all the time. You don't have to have a concrete pad to camp.

1:34:57Speaker 20

Are we driving down the road right now? Yeah. The applicant says there's seven there.

1:35:04Speaker 17

There's seven.

1:35:04 – 1:35:30Speaker 20

Nobody else that's came in said there's more than seven. Like that says on there, but he's got seven now. I'm going back to the fence or a berm with trees on it. And I understand that you, I think you've got an applicant that's willing to do something different to make it more appealing to you as much as it can be.

1:35:35 – 1:35:50Speaker 3

Hard when you've lived there for 35 years, your cows were your neighbors for 35 years and all of a sudden your whole life gets like moving to a whole nother state. You got cars flying by your house all the times of night during the day. Um, who wants a campground next to their house?

1:35:51Speaker 25

I mean, It shouldn't have never been passed to begin with. You folks, let it go.

1:35:56Speaker 23

I wouldn't want to live next to you and throw your shit outside either, but people do.

1:35:59Speaker 20

Guys, guys, guys, guys, guys, let's stop. Let's stop for a second. Just leave.

1:36:06 – 1:36:20Speaker 3

I'm not helping your case. Yeah, it's one. The other thing is the Mills County Code says you have to have five acres to have a campground. There's not five acres there.

1:36:24Speaker 21

I mean, I haven't found it anywhere in Bill's County Code.

1:36:28Speaker 23

And if you count the land across the way and back where it all connects, there is a section.

1:36:36Speaker 3

Page 50 of Chapter 25, minimum lot size for a commercial or industrial lot should be five acres.

1:36:43 – 1:37:12Speaker 21

It's a conditional use. It's not. That's the difference, I guess, between they didn't come in and ask for a rezoning of the property. They came in and asked for conditional use on the property. And that's the only thing that I found in there. And it says, so if you look at our table 4.20 development criteria for the zoning districts, you have minimum lot size for non-residential. If you're in the AG, agricultural zoning district, that's five acres. If you're in the AR, then that's two acres.

1:37:16 – 1:37:43Speaker 20

Okay, that's AR. So we're in compliance. We've got problems with lighting. We have problems with screening. We have problems with water. So the problem with the grading issue is going to have to go. That's going to be an issue. It needs to go back to the Mills County engineer. That is a board that we have nothing to do with.

1:37:44 – 1:38:09Speaker 10

Can I ask a question? Go ahead. So your engineer that created that grading plan, didn't he created so drainage would not go on the neighbor's property. Isn't that the purpose of the grading plan? He went to college to do it. Well, just simplistic. It sounds to me like he didn't do his job. Right. So it kind of goes back to your engineer, contractor, whoever created that grading plan. They didn't do the grading plan correct.

1:38:10Speaker 17

But the Mills County engineer approved it.

1:38:12 – 1:38:25Speaker 10

Yeah, therein lies the problem. Who's liable? I'd say... The guy that you hired to give you an adequate complete grading plan didn't do his job if it's flooding the neighbor.

1:38:26Speaker 8

So I mean, that's a simplistic condition.

1:38:31 – 1:38:45Speaker 10

It wasn't flooding before. That's why you have to make sure the grading plan doesn't happen. Unless I'm way off track. And why did our county engineer approve it?

1:38:53Speaker 20

And then I'd still like to somehow get some type of a answer on fence or landscape berm clay. What would you rather put up?

1:39:02 – 1:39:15Speaker 23

I don't care in the least bit. We'll start on one or the other tomorrow. But I would like whatever it is to be whatever it is. You know, I don't want to come back in six months and be like, shit, we should have got a berm. Man, we should have got a fence.

1:39:16Speaker 17

My question, if you do a berm, isn't it going to affect all the trees and shrubs you've already planted? Because that's on...

1:39:23 – 1:39:50Speaker 23

It will. And it will also, you know, six foot berm, water is going to run off that berm towards their house. So I personally, regardless, they might be getting water. It's hard to believe that engineered plans done by a professional company approved by the county engineer that my campgrounds cause water. If it does, I don't believe a berm is going to help that whatsoever. I think it'll hurt it. But again, I would just like them to say if they want a fence or a berm and we'll start on either one.

1:39:52 – 1:40:10Speaker 10

I think a good answer would be a fence. And I think maybe our zoning official could go out there and help determine the right height. It's over six foot. It could be eight foot. You know, just so your campers can't look into the neighbor's house. That's what we're thinking.

1:40:11 – 1:40:28Speaker 17

It's probably not going to go over well. I said, here's a thought, but it's not going to go over well at all. So you've got that four foot fence there, even though it's on your guys' property. What if there's a potential to put six foot on top of that fence?

1:40:29Speaker 25

Do a new fence.

1:40:31Speaker 17

Well, no, leave it there. Just clay can add a fence on top of it.

1:40:36Speaker 3

It's his property. Then the wind's going to blow it over.

1:40:40Speaker 17

Yeah, and I don't want to touch that fence at all.

1:40:43Speaker 8

It has to be a new fence. It has to be a new fence. It should be.

1:40:50 – 1:41:09Speaker 10

The Lincoln officials could help. I mean, it doesn't need to go all the way south to the end of the property because there's nothing there. It doesn't need to go all the way north at 34 right away because there's nothing to see there. I don't know.

1:41:09 – 1:41:20Speaker 20

Come up with an answer. I believe the fence is a better solution than the tree branch. I agree. Let's cut the noise. So, very good.

1:41:21Speaker 10

I'd say the fence, I think that a person, but you can't determine the height.

1:41:28Speaker 20

Well, there is a, there is a, there is a zoning height.

1:41:30Speaker 10

No, there's no, there's no maximum height, right? There's a minimum height. Yeah. Well, we know it's going to be at least six.

1:41:38 – 1:41:54Speaker 21

It might be eight foot, right? I understand what you mean by the sight line. It's going to drop by the time you get over there. I'm sure it probably would be around the eight foot mark.

1:41:54Speaker 25

Do you think a fence is going to stop the water from coming on me?

1:41:57 – 1:42:16Speaker 10

No, we're just talking about the screening. The grading is another issue. I think the grading plan did not do their job, and our county did not do our job by approving it. If it's flooding the neighbor, and he showed his basement, apparently it is. It might have two conditions.

1:42:16Speaker 20

Neighbors? on a berm or a fence. I'm trying to get the two of those to me. We're a neighbor to the south.

1:42:26Speaker 8

Technically, they were supposed to be away from the south side. And you prefer the berm. And that's not there at all.

1:42:35Speaker 20

So during the, on the original application.

1:42:42Speaker 26

The conditions only say, oh, it does say the south side. It says west and south. It says west and south.

1:42:48Speaker 16

On the south side, there's a watershed. And there's nothing there.

1:42:52Speaker 20

Is on the south side, there are trees?

1:42:55 – 1:43:26Speaker 23

No, there is no, there's nothing that's there is trees before the before the road, the road gradually grades up towards the dead end bridge. So the grade is like the grade to Rodney's house is flat. So we put trees up and as the grade moves, yeah, that moves up. Like I said, you can look at it. That grade moves up so you can see the tree down there to the left by the shed. And then we got the tree to the other side of the shed. And then basically the road is above your head.

1:43:26Speaker 25

Hold in dirt to raise the shed up.

1:43:30Speaker 20

Can somebody show me like the beacon picture of it?

1:43:36Speaker 26

Are you counting the I guess the county road as your own berm. That's my question. If you just put the tree.

1:43:44 – 1:44:24Speaker 23

Originally we talked about it. The berm was a six foot line of sight block was the idea. My understanding from the original meeting, whenever that was. So our idea was to, and I think the purpose of the berm to my understanding was for that. Because originally we talked about fencing. We talked about windbreaks. And that's when the berm was brought up to have a six foot Like we talked about earlier, there's multiple options of how you get that, whatever the category is. So ours were the trees. Line of sight, I guess, was my, in my thought process.

1:44:28Speaker 20

Yeah, I'm in our original on number 10, landscaper, and we constructed on the west and south sides of property in accordance with landscape requirements of Mills County Zoning Awards.

1:44:38Speaker 26

And Matt, you mentioned that you didn't think that the south side of the property was in compliance with the conditional use permit as it presently is. Correct.

1:44:48Speaker 6

The pine tree is on the east side.

1:44:52Speaker 21

Right, yes. I'm telling you, this view right here where you're looking down the road, that's the south side. Yeah.

1:44:58Speaker 8

Where the sign is at.

1:45:03Speaker 8

Yeah, because that's the bridge, though. Okay.

1:45:08 – 1:45:48Speaker 2

That's out. I remember the water talk at the original meeting. You guys talked, they talked about worried about flooding. I do remember that part of it. And I think that's what the talk about a six-foot dirt wall there was to help prevent the Minden Halls from getting flooded. And I do remember that one when they were here originally. I was here originally in the day. And that's what I do remember. I don't know if that was changed, but it probably wasn't put in like what you talked about at the meeting, because I do remember that.

1:45:48Speaker 20

I think it's just one of the four items, and they chose one of the four, either a landscape berm, a tree berm, a combination of the two, or a fence.

1:45:55Speaker 2

But that's still what the water issue was talked about.

1:45:58Speaker 20

Yeah, Dave, I kind of remember that also.

1:46:02Speaker 2

I mean, that's what I remember, but that's just my...

1:46:08 – 1:46:23Speaker 20

So we've got a fence. We've got a fence on one side and a berm on the other side is what we're looking at. We don't have anything on the south side currently. Clay, do you have any opposition to putting anything on the south side?

1:46:23 – 1:47:58Speaker 23

No, we already started the yard buffer. Barrier, yeah. So there's three trees total and two of those nine marks there. But if it's for If it's for the same purpose as between Mendenhall's, we need to do something different. We need to add more trees. And then is it a height issue? Are the trees tall enough? Right about where that power pole is, there's a drop of probably, I don't know, a foot or two, Jeff, maybe? And so those trees, obviously, the one tree looks great because it's up on, basically on the roadway, it's a ditch tree. But then the ones we planted, as you can see, they're six foot, but there's 10 or 12 foot difference. And it's going to take a while for those to grow up. So my question would be, where do I plant them? If we're planting trees, do we plant windbreak? Because that's going to be faster than letting those nine marks come up, because that's going to take a while, even though they're five foot by five foot. But a five foot by five foot there is still going to be able to see over. And then do you guys want me to continue the windbreak all the way to the levee? Even though, you know, in some places it's going to be, like when you get past that shed, you're at, you know, four or five feet. By the time you get to the end, you're closer to 15 feet. I just need, you know, the last time, obviously, there were some gray areas. I would just like, this is what we want. This is what we need. Do this.

1:47:58 – 1:48:09Speaker 20

We're doing a fence on the west side and a berm is what it feels like. You need a berm on the south and west sides.

1:48:09Speaker 25

You've got to have a berm because the water comes right through the driveway right into our house. I'm trying to get it.

1:48:33Speaker 20

Well, I don't think, I don't know why we need to, I understand why we could go look at it, but we've got people asking. Go out there, Corey, look at it.

1:48:41Speaker 8

What does the board want to do?

1:48:44 – 1:49:00Speaker 26

What was your, I have a question for Matt. What was your discussion with Clay about getting the conditions met, what the process was after the conditions were met, and then when he could open? What was your discussion over the last few months?

1:49:00Speaker 21

Once he had the conditions met, give me a call. we'd walk through them all, make sure that they're met, and get the okay to open.

1:49:07Speaker 26

Did you ever give him a call, Clay, and have him come out and give you the okay to open?

1:49:12 – 1:49:57Speaker 23

We never met in person, but I think I probably followed the text and emailed him to a point where I was worried about wasting his time, right? So you have seen a few of the emails that we've exchanged, right? Well, we've also had text messages. I tried not to call him, you know, any more than needed. And if you look, we had the nine marks and the Matt Gray's letter, which I had already talked to Matt. It just took him a little bit, obviously, to officially email Matt White. And when those were met, we didn't have any more conditions. And that gets you right into that early April when we had actual customers move in.

1:50:03Speaker 26

You never did give him the okay to open.

1:50:06Speaker 21

You see in that last email where I mentioned the south side. That was the last thing I said to him. Don't forget about that south side.

1:50:18Speaker 20

The south side is where you have three trees is what you're saying right now. And two nine marks.

1:50:27Speaker 26

Did you ever warn Clay about what the possible

1:50:39Speaker 21

want to make sure you get those conditions met because you're putting yourself at risk about being called back by the Southern Board of Adjustment.

1:50:46 – 1:51:21Speaker 26

If it's just being called back by the Southern Board of Adjustment, there wasn't any more conditions or anything like that. You just said you're at risk. You have to come back to another meeting. You're putting yourself at risk. On these pictures, I want to go back to the line just because I think some clarification needs to be made and I'd like to give you the opportunity to do so. Um, you have an email here, I believe in your document that you provided saying that it was a 30 minute emergency on April 1st, the night before.

1:51:21 – 1:51:59Speaker 23

That's, that was my understanding. I didn't have a, I didn't have a timeframe, but I did text that guy that morning. You can see it was 7 48 in the morning when I text him and he said he had to leave town. Um, I, at that, at that time, I wasn't even sure, um, what had happened. The guy had just left, right? He hadn't paid, whatever. So I was just trying to find out where he was. And it just happened to be that he texted me that he had a family emergency, which is why he left. I wasn't aware of the times. Mr. Mendenhall doesn't talk to me. And Matt didn't give me any time frame of when the guy did. I just assumed it had to be in the dark at some point.

1:52:02 – 1:52:15Speaker 21

And that was when I made note of Michael, just myself and our conditions wise, that was something that we did not necessarily consider was the fact of making sure that there was going to be light, that it was downcast lighting.

1:52:16 – 1:52:27Speaker 8

Oh, that's one of the conditions we were talking about.

1:52:27Speaker 26

You said you only have one guy there for two weeks. And then that

1:52:31 – 1:52:58Speaker 23

atrocity with a crappy camper at the end that Rodney had pictures of. She was there for probably, I don't know, four days, maybe. I don't know how long. It wasn't very long. The guy from Texas left and then she had called looking for a place. Again, let her stay there. Same idea. And then when I heard that the sheriff had been there, I went and locked her out of power and she was out that day.

1:53:00 – 1:53:20Speaker 20

All right, let's get back on So, conditions of downcast lighting, conditions of, I don't know what would be so much of a condition, but it goes back to the engineer for the grading plan, just to make sure that everything's adequate. And then a fence on the west side and a berm on the south side.

1:53:20 – 1:53:39Speaker 21

On the engineer and the grading program. I mean, I can follow up with the county engineer to make sure. And I can also express to the county engineer that the neighboring property owner is stating that they are receiving water from this dirt project. Can they please go back out and review to make sure that things are done?

1:53:40Speaker 23

And it's still good. I think it's up for renewal in June. So if we're going to do dirt work of any kind, it would be a good idea just to get the grading permit renewed.

1:53:53Speaker 17

What's downcast lighting?

1:53:55Speaker 8

It's not, the lighting is down.

1:53:58Speaker 17

It doesn't flare out. Like for the campers or for Clay's property?

1:54:03Speaker 21

I think any of the lighting, the camper's lighting, if Clay were to ever stick any lighting out there, we'd want to make sure that it was downcast.

1:54:10 – 1:54:52Speaker 17

Because one thing I was writing was I think it'd be nice to have a light on your sign as you're coming in so they see that. And then also maybe if you can put a little sign at each camper campsite that has quiet hours lights off of campers on the outside at a certain time your number to call and then also obviously 9-1-1 in case of emergency i think that would be nice to do like a i'm sure they could do like a little five by seven type thing for each camp campsite jeff we haven't heard i haven't heard from you much

1:54:54Speaker 8

I'm still stuck on the idea of the fence being helpful.

1:55:02 – 1:55:17Speaker 20

We can start with that. I say we come in with a, it's like around approximately an eight foot fence to the west side or what seems adequate between the zoning official and with the applicant.

1:55:17 – 1:56:07Speaker 10

I say we make a motion that we provide a screening fence on the west side. as determined by our impartial zoning official. So we have no line of sight from a camper, standing in a camper, to their windows. I mean, you can stand in your camper and do a four foot level line of sight and see how high it needs to be. We can't sit here and say it has to be this high. We need our zoning official to determine that. And how far? Like I said, it doesn't need to go all the way to 34 right away. It does need to go all the way south to the ditch. You're talking about screening here. So that could be a simple deal to start with. The drainage, I kind of like Matt's idea, but will our county engineer be able to say that, yes, this should not flood onto the daybreak property?

1:56:08 – 1:56:37Speaker 21

I can't tell you what exactly they'll be able to say. I just, they have the grading permit. They have responsibility over it. I just want to make sure we just want to make, I would say that our part of it, we would want to make sure, you know, our, Is the grading permit being followed? Are the, I'm drawing a blank on it right now, but basically the retention methods working as designed. So.

1:56:38 – 1:56:49Speaker 10

What if it's determined that water is going off this property on the neighbor's property and flooding this property? Is that going to be liable in our county engineer then? Or is it going to be on the guy who created the grading permit?

1:56:49 – 1:57:33Speaker 21

Well, grading plans are living documents, right? Because a one-inch rain event could blow out any of your prevention methods that you have there. And so that grading permit is meant to be changed and altered if things don't operate in the fashion that they're supposed to operate in. I'm sure Clay's engineer would understand that. Our engineer would more than likely contact Clay's engineer, which would then bring back Clay and his contractor to say, hey, this part we designed isn't working appropriately. Here's the new redesign. Now we need that put in. And along with that, there's going to be silt fences and silt socks and everything else that gets put down in there.

1:57:34Speaker 20

And we start with maybe just one motion at a time. Yep. So we're amending, is that what you'd call this, amending the CUP that we originally had, the original CUP?

1:57:42Speaker 21

You are amending the 24-06 conditionings.

1:57:51Speaker 19

This was in 24-06? It was right about October.

1:57:54 – 1:58:19Speaker 21

Because that's when I had to go back to the April 25 meetings when we kind of brought up that whole I made a motion. I'm going to have to restate that motion.

1:58:19 – 1:58:44Speaker 10

Make a motion that our impartial zoning official goes to the site and determines how high and how long this screening barrier fence should be. Second. I could even add all that. Like I said before, so the line of sight, someone from a camper window can't see under the neighbor's window. So we have a motion from Pat, a second from Jeff.

1:58:44Speaker 20

Audra, did you get that?

1:58:48Speaker 17

Not even just the windows. I mean, the back porch in general. You can't sit out there without somebody staring at you.

1:58:56Speaker 20

That's what they're going to be able to determine.

1:59:00Speaker 25

Still haven't addressed the nuisance. Just a free-for-all, ain't it?

1:59:04Speaker 8

Yeah, it's a tough tank.

1:59:06Speaker 20

But we can't pick stupid.

1:59:10Speaker 25

Oh, you've proven that.

1:59:13Speaker 20

So we need a roll call on that one right there, please.

1:59:21Speaker 8

Gentleman? Yes.

1:59:28 – 1:59:40Speaker 20

Thank you. The next condition would be downcast lighting on campers and associated.

1:59:41Speaker 8

We'll make a motion if somebody else wants to.

1:59:45 – 2:00:31Speaker 17

So on campers nowadays, it's LEDs that they have on the outsides of them. So are we saying they can't have those on at all? Because like usually when you roll out like you're awning or whatever and you want to set out underneath it and turn on your lights those lights are there or even if you're setting out without your awning you have some light and typically leds don't attract bugs but i haven't owned a camper but once campers that i had used to have a little smudge light skirt yeah that came out and it's where so the lights on in your camper but it's

2:00:32Speaker 21

being downcast.

2:00:33Speaker 20

Claire, are you familiar with downcast lighting? LEDs. Claire, are you familiar with downcast lighting?

2:00:44 – 2:01:31Speaker 23

Whatever you guys want. I see that one camper, maybe the bar lights it has up top has a problem, but they do design them so they don't project. The other issue I would say is hopefully whatever we put in helps. I'm just going to say hopefully On top of, you know, downcast lighting or however you want to word it, whatever we're using as a fence helps prevent that. So it's not, you know, it's not an issue. I think the fence takes care of a lot of it. Line of sight takes care of a lot of it. Obviously, I agree that we don't want yard lights or farm lights or all that. But, you know, like I said, I think the only one in question on my video was probably the one guy that looked like he had maybe had an LED strip that just kind of shown out.

2:01:32Speaker 10

I was worried you'd use, I mean, downcast lighting.

2:01:38Speaker 20

On the whole site. On campers and or associated equipment. Yeah. You get that, Audra?

2:01:48Speaker 8

Stationary lighting.

2:01:49Speaker 20

Stationary lighting. Can you read it back to me, please?

2:02:00Speaker 15

No downcast curve. downcast lighting on campers, no projected lighting on campers or associated equipment, and said stationary lighting.

2:02:15Speaker 8

OK. So I make a motion. Oh, go ahead. You guys go ahead. Second. I'll second it.

2:02:23Speaker 19

You made the motion.

2:02:24Speaker 8

No, I'll let somebody else take the motion. I'll make the motion. I didn't want to turn you. That's why I had to second. Can I get a roll call, please?

2:02:40Speaker 15

Gentlemen? Yes. Light?

2:02:49Speaker 20

And now we need to go to the earthen berm on the south side.

2:02:53Speaker 10

Will, does it have to be, again, an earthen burn or a landscape burn?

2:02:57Speaker 20

We're trying to appease... The exact district and the neighbors that are here are looking for an earthen berm, I believe. South neighbors want an earthen berm.

2:03:06Speaker 17

You guys want an earthen berm on the south side.

2:03:09Speaker 8

You guys are asking what the neighbors want. You'd prefer that over land on.

2:03:18Speaker 20

What's the applicant want? Applicant, earthen berm in that area. Is that a six-foot earthen berm? Do you want it?

2:03:28Speaker 23

the clear to the levy or just like halfway line of sight, or maybe that's the deal they could meet.

2:03:35Speaker 8

I was thinking three quarters.

2:03:37 – 2:03:50Speaker 23

If it gets high, where do you get towards the levy? Yeah. So maybe the applicant or that they can meet the non-partial, however that would word it down there and agree on a spot to do that.

2:03:51Speaker 10

That'd be something I was allowing official leads to look at.

2:03:54 – 2:04:10Speaker 10

I'm not trying to throw stuff on you. Same way you did the fence. Same with the fence while you're there. Well, of course, it's got to be off the property line. Well, the berm can't go anywhere across the property line, so it's 3 to 1 or whatever that is plus more.

2:04:12 – 2:04:23Speaker 21

Yeah, it's going to push it back. I mean, just the design of it's going to push it back.

2:04:23Speaker 8

Pat, I'd like to have the same verbiage that you used on the fence.

2:04:30Speaker 10

Yeah. And determine location.

2:04:38 – 2:05:02Speaker 8

Are you putting the bird? This is board discussion. So that's here to stop running from. No, we're talking the same room.

2:05:03 – 2:05:19Speaker 20

I was on a different room. I'm back on the south side. Okay. Just by being up there.

2:05:30 – 2:05:55Speaker 21

looks to me and i obviously don't have lasers or any point in it but it looks to me like it's all more than that northwest corner so i don't know that if they did the everything thing on the south side i don't think you're blocking anything because i think it's already designed to go to the northwest corner it's going to be a carrier of it anyway okay yeah so we need a motion either you want to do it or do i can be

2:05:57 – 2:06:08Speaker 10

I make a motion that our impartial zoning official determines the height and location of an earthen berm on the south property line. All right.

2:06:10Speaker 20

Is there a second? Second. We have a motion by Pat and a second by Jeff. Can I get a roll call, please?

2:06:25Speaker 15

Gentlemen, yes.

2:06:29Speaker 20

As far as the grading plan on site plan, is that a recommendation?

2:06:35Speaker 10

I think what Matt said is a good starting point, is a good plan.

2:06:42 – 2:07:13Speaker 21

Yeah, I don't believe that that's any condition to be added to that. I think that's a condition of the grading permit. We just need to follow up. We'll just follow up from our office to ensure the county engineer is If so, let's modify. This will be in the record that you're doing that. It's in the record. I don't think it's a condition that gets added.

2:07:15 – 2:07:49Speaker 26

In any condition, please put in place that the burn defense and at least enforcement for the downcast lightning is done within a certain set of time. Okay. I mean, he's already open without meeting the conditions currently, right? And I assume you probably want to stay open. I understand what you mean. Can we ensure... Let's do three months, and in three months, I'll call you back if you don't get it done in three months.

2:07:49 – 2:08:33Speaker 23

I can't. I mean, I don't know about... I don't think the burn would be that big of a deal. I could hold myself if I had to, but have somebody grade it. But the only issue would be the fence timing, and I can't believe there are more than three months out depending on the type of fence and you know like it you know that is whatever a six or eight foot privacy fence that's a very common you know depending on what type of fence we decide decide on i don't know you know who does it you know i just called somebody that had done my fences before so as long as it's something common you know and obviously if if i had ordered and paid for and they weren't there to install it i would think you guys would you know have understanding but i can't imagine it would take longer than three months to Get it in.

2:08:34Speaker 26

Four, five, or six. I just think it'd be good to have a set.

2:08:37 – 2:08:50Speaker 23

I think three's fine. I don't care. I'm fine with three. Like I said, if there's something that comes up, obviously I'll approach Matt. It's going to be legitimate. If there's something backordered or something I can't get, I'll let him know who the contractors are going to be.

2:08:52 – 2:09:24Speaker 21

If it's American Fence, I would say this. I worked for American Fence for a number of years. This is their business. weeks out. Six-foot fence, this will be a residential crew that would come in and set it. They'll come set the post one week. They'd be back within a week, two weeks to then send their build crew out that would then build the fence. So we need to be looking at 14 weeks, maybe. I mean, just how busy they are. It is a busy season for fences.

2:09:25 – 2:09:44Speaker 26

Will the fence be set back behind Let's be set, because it can't be set on the west side of the berm, right? Because that's where their fence is. Well, I guess potentially it could. But I guess where are you planning on putting the fence? On the west side of the berm, in between the berm and the trees, or on the other side of the trees?

2:09:45 – 2:10:15Speaker 23

We'll probably yank the trees and move them if we're going to put a fence up. If the fence has to come off the property line, you know, all that stuff will just get moved and rearranged because the idea of the trees... And the yard buffer and all that was to, for the, you know, line of sight and things of that nature. Well, if there's a fence there, that's, you know, I don't need to have trees and a fence and then, you know, I'll just probably pull the trees back behind the fence. Yeah. Have somebody come and spade them out.

2:10:17 – 2:10:41Speaker 21

Or use them on my earth and burrow. I'd say if you said so. he's going to want to set it back within probably, you know, at least a mower's, whatever his mower's set up for, so he can just run his mower down that side of the fence. You don't want to set those things too close and you're going to wind up with a one foot weed patch between fences and nobody wants that.

2:10:42Speaker 8

Heather, do you have something?

2:10:46 – 2:11:24Speaker 17

Well, I just... it's i just she mentioned earlier that just a little sign at each camp camper um of the quiet time i also wrote on here about lights off at like 11 p.m just because i know when i'm out camping i might leave my leds before that i know i know your quiet times before but i'm just talking like your lights like if they go out to dinner and come back it's pitch black out there i know i'm not too far from you guys so it's like lights off at 11 you know, because when you come back, you don't want to, you know, break an ankle trying to get to the door of your camper.

2:11:24Speaker 23

I think more often than not, those guys fall asleep in their camper.

2:11:27 – 2:11:39Speaker 17

Right. Right. Essentially they're 12, 15 hour days. They come, they crash. And then with your number and then the emergency number one number on it was always thinking like a little five by seven. So it's right there by their electrical or whatever.

2:11:39Speaker 23

Like on a four by four post right there.

2:11:41Speaker 17

Yeah. Whatever you have right there to attach it to. Like, you know, the state campgrounds have their, site number and quiet times.

2:11:49Speaker 8

Just put it in there. You want to make a motion to that?

2:11:55Speaker 19

Motion to add signage at each site. Quiet hours.

2:12:04Speaker 17

Place contact number and emergency number.

2:12:07 – 2:12:19Speaker 20

Can I get a second? I'll second it. Motion by Heather, second by HAB-Masyn Moyer- At a roll call, please.

2:12:21Speaker 8

HAB-Masyn Moyer- Like yes.

2:12:25Speaker 15

HAB-Masyn Moyer- Yes.

2:12:26 – 2:12:53Speaker 8

HAB-Masyn Moyer- Yes. HAB-Masyn Moyer- Yes. HAB-Masyn Moyer- Time for him on the conditions. HAB-Masyn Moyer- Yes.

2:12:54 – 2:13:25Speaker 20

And those are all amended. The conditions shall be completed no later than your fence deal. I guess it has a lot of merit on the date of it. All the conditions in the next six months. I put a six month deal on. If you're saying your fence could be that far out, otherwise you're going to end up coming back and having a situation.

2:13:26Speaker 10

Just within six months on our motions.

2:13:31 – 2:13:42Speaker 20

So any amended motion? I'm not sure. You're saying 14 weeks on a fence. That's three months. That's three and a half months.

2:13:42Speaker 26

Is it safe? four months at September 19th.

2:13:45 – 2:14:01Speaker 20

September 1st. You guys want to use four months? We can use four months. That's fine. September 1st. September 1st? Yeah. Do we need to vote on that? Yes. So somebody needs to set the motion for the amended conditions.

2:14:11 – 2:14:31Speaker 17

HAB-Masyn Moyer- Good points up here. HAB-Masyn Moyer- So motion for them in the conditions to be met within what we say six months. HAB-Masyn Moyer- For four months by September. HAB-Masyn Moyer- By September 1 HAB-Masyn Moyer- Also good.

2:14:32Speaker 8

HAB-Terry Palmos- Well, emotion by another second by that I get a roll call, please.

2:14:39Speaker 15

HAB-Masyn Moyer- Yes. Mike?

2:14:45 – 2:14:57Speaker 8

Yes. No, there was no public comment on this. Let me do it, Jerry.

2:14:57 – 2:15:45Speaker 21

There's no other business that I have. The only topic would be... I'm going to do it, Jerry. The zoning officials conference is going to be going on for the rest of the week. It's all of this year, so... to go out there. It's an interesting case law came across from Worth County winning an Iowa Supreme Court case against an energy company. And then there was a conflicting case from the Iowa Utilities Board that came out that granted the solar energy company permission to do a solar project. And they did not attempt to attain Saragota County's approval straight to that. So everybody's kind of waiting to see if Saragota County is going to court against Iowa Utilities Board. Those are the two main zoning topics of the state these days.

2:15:48Speaker 20

That was exciting. Yeah. Did we make a motion to adjourn?

2:15:53Speaker 8

We did. Move by second. Second. I'll second it.

2:15:59Speaker 10

Is there going to be a meeting on the 16th, Audrey?

2:16:06Speaker 8

We don't need to lie.

2:16:09Speaker 21

Nothing in June.

2:16:10Speaker 8

You got a vote on the motion to adjourn? Yes.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.