The Burleigh County Commission will reconsider plat approval for Sundown Acres 2nd at its first meeting in January, despite having unanimously passed it in November.

Commissioner Marlan Haakenson was joined by the commission's two newest commissioners, Mark Armstrong and Jim Peluso, in asking for reconsideration at Tuesday's meeting. Commission Chairman Doug Schonert and Commissioner Jerry Woodcox failed in their efforts to dissuade Haakenson's motion, which passed 3 to 2.

Sundown Acres 2nd is a 42-acre development with 16 lots located about 13 miles from downtown Bismarck on the western banks of the Missouri. The subdivision is being proposed by Clairmont Properties, LLLP. In November, the plat was approved by the county commission with the provision that road work - paving of 149th Avenue and construction of a secondary access - be completed.

In October, the Burleigh County Planning Commission had been told by the county commission to provide either an up or down vote on recommendation of the plat; anything else would be considered a recommendation for approval. The planners again sought continuation of its hearing on the matter and asked for another month. Saying that the planning commission was stalling, the commission approved the plat, despite many indications that the planners would recommend denial.

At the November meeting, Haakenson had attempted to provide continuation for the planning commission, but his motion to do so, made via conference call, failed for lack of a second. Peluso and Armstrong were in attendance, but had no voting authority with former commissioners Scott Johnson and Claus Lembke favoring passage of the plat.

At Tuesday's meeting, Haakenson said there are still many unanswered questions regarding the subdivision and he thought they should be answered for the planning commission.

"In the past, I've been chastised for micromanaging. This really is when we overstep a board and don't allow them to get through the entire process. I really think we should reconsider this," Haakenson said. "There are a lot of things that have not been answered to my satisfaction."

Haakenson also said that the county should have an updated comprehensive plan in place, so all developers have an even playing field.

"This has all be dealt with," Schonert said. "When you mention the roads - well, the roads have to be completed before the plat can be signed and recorded. I don't believe we're micromanaging. We gave the planning commission a year and a half and they've been employing stalling tactics."

Haakenson was critical of Schonert's discussion tactics, saying that the chair's duties were to conduct the meeting and not take sides on the issue.

Woodcox questioned whether is was appropriate to bring up the issue since it was not on the agenda. State's Attorney Richard Riha said that the agenda included an item listed as "Other Business," and this does allow the issue to be considered, though he did recommend that items as controversial as Sundown Acres 2nd should be listed on the agenda.

Haakenson did ask that someone from the planning commission address the issue. Planning Chairman Chuck Peterson began to step forward, but Woodcox and Schonert would not allow it, saying it was not a public hearing. There were other members of the audience looking to come forward, but they were not allowed to.

"I've only been on the commission for about 45 minutes now, but I've been struggling with the issue since Nov. 7,"Peluso said. "On one hand, I do not want to disrespect a past commission. But why do we have a planning commission? There are a lot of questions that have not been answered. First, have we addressed the State Historical Society's concerns? If 149th is paved, who is responsible for cost sharing? Is it the county and lot owners?"

The state's attorney did caution commissioners that if the developer had taken any substantial actions since plat approval, there could be some county liability involved.

"It's only been a couple of weeks, and given the weather, it's not likely," Riha said.

With Haakenson's motion approved, the commission will reconsider the issue at its first meeting in 2007, on Jan. 5. The planning commission is expected to meet yet in December following the continuation of its hearing on the matter last month.

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@;bismarcktribune.com.)