Dickinson County Board of Supervisors

March 15, 2005

Present are Supervisors Mardi Allen, Paul Johnson, Pam Jordan, Wayne Northey, and Chairperson David Gottsche.

Time for public hearing on the proposed county budget for fiscal year 2006. Present to John Shannafelt and Herman Richter. Mr. Richter expressed his appreciation to the board for the efforts they put forth concerning the budget and the taxpayers of the county, which was also voiced by Mr. Shannafelt. There being no written or oral objections, the Chairman closed the public hearing. Moved by Allen, seconded by Northey at approve and adopt the County Budget for the fiscal year 2006 as presented and published and to instruct the county auditor to timely file the budget. All voted aye.

Board moved the meeting to the community building as published. Time for the continuation of the public hearing on the rezoning request of BBR, L.L.C. & Thomas L. Nielsen, P.O.A. from R-4 Lakeshore Residential and A-1 Agricultural District to RE Resort Enterprise District, SW of SW Section 21-99-36 and Govt Lot 1 Section 20-99-36 except four tracts. Those attending were asked to sign-in at the door and the Chairperson stated the format that would be followed for the continued public hearing. Many interested persons were in attendance. The developers presented their plan for the Bridges Bay Indoor Water Park and Resort and the benefits the project would have on the community. Several residents and interlakes association expressed concerns on number of docks, boat hoists and boats that the development would add. Assistant County Attorney informed the board that the developer had signed a rezoning agreement that would be a legally binding document with covenants hat would transfer with any future sale of the land. They set a limit of no more than 8.5 dwelling units constructed per acre rather than the 15 dwelling units per acre allowed under resort enterprise zoning. BBR, LLC also agrees not to annex any of its property into the City of Arnolds Park, not to construct or allow construction of and operation of a casino on the property, BBR, LLC must incorporate low impact development techniques into the development of the property, not to directly discharge water from the indoor water park into East Lake Okoboji, and the developers agree to construction walking and biking trails within the resort area. These covenants are to be filed with the Dickinson County Recorder upon BBR, LLC becoming owners of the property. Following discussion, it was moved by Northey, seconded by Jordan to concur with the recommendation of the Planning and Zoning Commission by approve the rezoning of the following property with the conditions binding as set for the Rezoning Agreement to be recorded in the county recorder’s office: Rezoning request from R-4 Lakeshore Residential and A-1 Agricultural District to RE Resort Enterprise District for SW SW Section 21-99-36 and Govt Lot 1, Section 20-9936 except four tracts with the full legal description on file in the County Auditor and County Zoning offices. Roll call vote: Allen-aye, Gottsche-aye, Northey-aye, Jordan-aye, and Johnson-nay. Motion carried.

Time for the consideration of an ordinance amending the Dickinson County Zoning Ordinance 102 providing for a change in the classification of real estate, from R-4 Lakeshore Residential District and A-1 Agricultural District to RE Resort Enterprise District, and amending the official zoning map for Dickinson County Unincorporated area. There being no written or oral objections presented it was moved by Jordan, seconded by Northey to approve and adopt the Ordinance NO. 05-1 an ordinance amending the Zoning Ordinance 102 and amending the official zoning map for the SW SW of Section 21-99-36 and Govt Lot 1 Section 20-99-36 except four tracts (complete description on file) with said ordinance to be effective upon publication. Roll call vote: Allen-aye, Gottsche-aye, Northey-aye, Jordan-aye, and Johnson-nay. Motion carried.

Moved by Allen, seconded by Jordan to approve the Class C Liquor License and outdoor service area applications of Woodlyn Hills, Inc. dba Woodlyn Hills Golf Course. All voted aye.

County Engineer present with an update on of active projects. Moved by Northey, seconded by Johnson to change the speed limit on County Road A34, between Clover Lane and 213^th Avenue within the city limits of Milford, to 35 MPH. All voted aye.

Meeting adjourned to the call of the chair.