00:00:12,070	We’re in the tom Baker room in the City County building. This is the border of city commissioners. Um, first, though, before we start we have our invitation. Chaplain kiss if you’d mind. And Bruce Colli, one of the chaplains for the Bismarck Police department on behalf of Crisis care, chaplaincy.

00:00:40,400	Thank you for the opportunity to open this meeting in prayer. I’ll have a stand together as we pray and then remain standing for the Pledge of Allegiance, please. Let’s pray Heavenly Father.

00:01:05,070	Thank you for this day and for this evening We’re reminded this holy week of your great love for us and as we look forward to the spring season We’re reminded of new life and rebirth. We anticipate celebrating the resurrection of Jesus Christ and the joy of being reunited with family and friends that have gone before us comfort those who may be grieving during this time and give them your peace. Thank you for the privilege of living in the city of Bismarck. And in the state of North, Dakota.

00:01:24,770	We have many blessings here in this community, others in this world envy and we take none of these things for granted. Thank you for the many blessings and opportunities this local community offers for those of us who live here. I pray today for those who are in the offices that govern this community.

00:01:44,100	I ask your spirit guide as they make decisions. That they be wise and godly and would prove to be in the best best interest of the community. Thank you too, for the freedom. Citizens have to speak up and be heard whether we agree or differ for in discussion and diversity comes strength. I pray for our mayor.

00:02:04,900	Those who work in that office. For each Comm.. As well as other elected officials and city workers and ask that you would Bless them as they carry out their responsibilities. I also pray for our first responders. Those, who put themselves in harm’s way to protect the citizens of this community. Law enforcement firefighters.

00:02:32,530	EMS workers dispatch health care workers and others. Please protect them in their line of duty so that they might protect those of us who have placed our trust in them. So God guide in everything said and done this evening. I am thankful for each and every one of these blessings in Jesus name. Amen. We see the pledge together.

00:02:51,800	I pledge allegiance to the flag of the United States of America and to the Republic for which it stands One Nation under God, indivisible with liberty and justice for all. Thank you. Will call our meeting to order if we can call Roll, Marquardt. Here. Comm. zinker, Mr. Conley here. Comm. cleary here, Mayor Schmitz here. Before.

00:03:21,330	We get into the agenda too Far. First items are a couple of proclamations. One is for Fair housing, So you hit the right one in front of me. Whereas one of the greatest freedoms enjoyed by Americans is the freedom to live in a home of one’s choice.

00:03:40,930	And whereas this promise made to us by the Fair Housing Act of 19 6 1968, which requires that all people be treated equally in connection with the sale or rental of housing, regardless of race color. National origin sex. Disability familial status or religion and in North, Dakota. The Recipe receipt receipt of public assistance, marital status and age.

00:04:04,970	Therefore be it resolved that I Mike Schmidt’s mayor of the city of Bismarck, on behalf of the City Commission do hereby proclaim the month of April. 2024 is fair Housing month in the city of Bismarck and urge all citizens to honor and abide by the letter of the and the spirit of the fair housing law. The. Other one is National Public Safety Telecommunications Week.

00:04:26,800	Whereas emergencies can occur at any time that require law enforcement fire or emergency medical services. And, whereas when an emergency occurs the proper response of law enforcement officers, firefighters An emergency medical personnel is critical to the protection of life preservation of property. And so on.

00:04:53,770	Whereas Therefore Be resolved that I Mike Schmidt’s mayor of the city of Bismarck, on behalf of this this commission, do hereby proclaim April 14th through 20th of 2024 as National Public Safety Telecommunications Week in the city of Bismarck. Next item is a recognition of our bit. Bismarck Citizen Academy participants, Jason Good Evening mayor and commissioners.

00:05:21,270	Uh, if I could just take a couple of minutes of everybody’s time, and, uh, recognize, uh, 20 people that shared 12 weeks of their lives with us throughout January, February and March of this year. And. I’m referring to our Thursday night engagements with the Citizen Academy. Which many of you, uh, participated in for those that aren’t familiar with the program. Maybe.

00:05:42,330	I’ll just share a little bit about what it is because I like to be able to talk about this because we’re hope to be able to do it every year.

00:05:56,570	So as I mentioned, it’s a 12 week experience where we spent about three hours together every Thursday and we go through all 15 departments, uh, within the city, and it’s a Behind the scenes hands on in depth Look at who we are and what we do, and it’s a number of different S tours, uh, from anywhere from public health to the water treatment plant out to public Works Fire Department Police station. We were all over the place. And.

00:06:15,230	Uh, I’m I’m very pleased to say that this group of 20 cadets as they’ve, uh as I’ve been calling them so this is season three of Citizen Academy. I don’t know how we got to kind of calling him like a like a saga. But. It is so, um so Three.

00:06:32,930	We had 20 participants and they were tremendously engaged. They were taking notes. They were asking questions. They were arriving early just to spend more time asking questions. And so I need to thank them for their time. But, then also it I. I’d be a a foolish if I didn’t think all the staff that shared their Thursday nights with us as well.

00:06:48,200	And Uh, we’ve had as many as ah, close to 10 or 12 people from different departments sharing their passion and sharing the work that they do with these 20 cadets. And, so I think for them, uh, as participants, I think it was a very valuable experience for us.

00:07:07,030	It’s a tremendously valuable experience because we have a very captive audience of people that are interested in what we’re doing, and it gives us a chance to talk about who we are. How. We. Do what we do, Uh, we’re the we’re the money is spent. And. So. It’s. It’s a Really, Uh, valuable program for us as an organization.

00:07:21,200	So if I may I’d like to just read everybody’s name on the list. Not everyone is here tonight, but those that are have agreed to get together and we’ll do a group photo with the commissioners and the group We do have, I should mention we do actually have a bonus week.

00:07:35,400	This is the second year in a row now that we’ve added a week we had a lot of interest in the wastewater treatment plant. And so we asked Travis if he would be willing to host a group and he said, Absolutely.

00:07:49,130	I think we’ve got somewhere between 12 and 15 participants that are going to take a trip down to the south end of town and see how we handle wastewater, so we might have to actually incorporate that this being the second year in a row without much interest. We might actually add that to the to the regular schedule, So, um I’d be happy to answer any questions.

00:08:03,200	But if I may I’d like to read everybody’s name, and then if we can get a a photo with everybody, I think there’s a few that might like to share some thoughts as well, if if we’ve got a little time for that, too, Um I’ll just run through them real quickly and again. Not. Everyone is here. But.

00:08:16,330	These are the 20 from this year that are now official ambassadors for the city of Bismarck. Um so I got Olivia Avery Lee clark, Susan Dingle, Mike Flatland, John Frazee, amy Gertz, Mike Gross, Paul Hoaglund Matt Hall be Kaiser. Molly McLean, Devin Melvie, Charles Reichart emily Sackson hinder situ Deryck Walker Al Wangler, John Weber.

00:08:46,930	Stephanie Wand and because her last name starts with a Z, Betsy Zar, So. Those are the 20. If we could get ken to do a photo. Get everybody up there. Is that, OK? Thank you. Good. Good, So, you know Please. I I was like I never know where I’m supposed to be in this situation. S. Thank you, I guess. Thank you.

00:10:10,070	Good evening. Um I’m Molly mclean. I’m, a graduate of the Citizen Academy, and I’m happy to finally be a citizen of Bismarck. That’s Why. I went through the Citizen Academy, Um all jokes aside. I. Just. Wanna, uh, express gratitude for the time and, um, thoughtfulness that goes into the Citizen academy.

00:10:34,200	Uh, it really is a wonderful education into all the departments, um, the workings and also, uh, the Staff. Um That make the city a a great place to live. And, um Yeah. Thank you so much just really appreciate it. Thank you. Mayor Schmidt and Schmidt and other members of the committee. My name is Mike Flatland. I’m a cadet.

00:11:05,400	Of the Citizens Academy and, uh, Jason asked if anybody would be willing to speak, and I said, Yeah, I can probably do 10 or 15 minutes with, uh without any issue, so he asked me to sit down, and he said he’d ask somebody else, but, uh No. We We. Really. I Think.

00:11:22,130	I can speak on behalf of a lot of the people with the citizens Academy. Uh, it was just a real opportunity and a we met with Comm. cleary and Comm.. Mark White, uh, with their portfolios and and a lot of people with the, uh, departments. And really impressed with their their dedication, expertise and and how they take care of, uh, the city.

00:11:48,870	The equipment and those of us who are citizens, So. We really appreciate the opportunity. Jason did an outstanding job. He Was there every week for 12 weeks from 630 to 930, sometimes longer, so we really appreciate the opportunity. Thank you. Uh, it’s really reiterate what my FL cadet said.

00:12:15,530	You know, just thank you, everyone for the opportunity, and for everyone that stayed late, especially, I know, at least some went to at least I’d say 11. So. Yeah apologize and thank you.

00:12:33,200	Um, but also just it’s this is what helps set Bismarck apart from the rest of North Dakota is that we have this and it’s a great way to, you know, teach people how it is and make, you know 20 new cheerleaders for how the city works, So. Someone has a question.

00:12:45,970	They You know they can grumble and then it’s like, Hey Let me go look at my paperwork from the commission or from the academy and I can get you answers of like, why does it take a while for the snowplow to get to my road stuff like that? And, you know, since the city can’t advertise that every year, you pump out 20 new people that can help spread the message of what this city does. So. That’s why I? Thank you all for that? Thank you.

00:13:09,700	Hi I’m Susan Dingle, one of the Attendees at the Citizen Academy, and I actually had to try out several times before I got admitted. So I felt very lucky to be as part of the group this year and was a great group. They.

00:13:35,270	They asked Good questions, but what really impressed me every week was the number of staff who would come and explain things to us and In talking about their department. They. Obviously they work together. They’re a team. They have each other’s back and even more. They work across departments and help each other. Well. This is not common, and we are immensely lucky to have it as our city. So I.

00:14:04,570	It was just as I have said to people just about observing city staff who come to City Commission meetings, which is where I’m most familiar with city departments. It’s inspiring to see These folks in action and working together and they just do it. That’s That’s the way they feel.

00:14:32,930	That’s the way they do their jobs That is pretty darned impressive. Thank you. Thank you. Uh, Mayor commissioners. Um well, everyone saw my thunder. So, um, just like to thank you guys for putting this on and I learned a lot and my fellow 19 other cadets, So.

00:15:00,200	Um, but I really want to give a big thank you and special shout to you know jason and Ken for taking the time almost every Thursday. It’s a show us what it is. You guys do so. Thank you and thank you, staff and everyone else who Put this on so Thank you. And? Yes Comm. mark that quick question for whoever would want to take this out of the group.

00:15:21,900	So what was it? I mean? We? You went through all of the departments. What surprised you or what? You know, we we know that, you know, impressed with their staff and everything, And, and so are we.

00:15:39,530	But what? What? I guess what was more surprising to you, Um, that you probably didn’t know in in any one of the departments. Is there. Anyone that wants to Yep. You can come on up. Just state your name if you if you don’t mind. Uh, my name is Matt Hall. And. I’d say the dedication and the teamwork.

00:16:02,070	You know what they all mentioned? That’s, You know normally when you picture government staff, they you know they run down. They’re depressed. Yeah. They’re they’re eager to eager to get that retirement And I’m sure that I’m Sure there are staff that are eager for that. But. You know they everyone seemed just passionate about their work and passionate about the city and working together.

00:16:22,770	And there was always I never heard grumbles between staff or any hint of grumbles and presentations, if anything ever came out as always, gratitude between each other to Jason or Jason to them, or That. You know it’s just positive. Coming to our budget committee. Then. I’m just kidding. I heard there. I heard those slides along. Thank you, sir.

00:16:46,270	I’d like to thank everybody who participated and certainly jason and Ken for coordinating that and I. Hopefully. We can continue this. For many years to come. Um At. This point in time. It’s time for public comment. There is one agenda item that has been removed from the agenda to regular agenda. Item five. A But. This point in time.

00:17:04,270	It’s, uh, opportunity for public comment for anything on the consent agenda or a regular agenda item that does not have a public hearing. Please state your name and sign in, There’s No sign up sheet or a pen? Uh, for the record. My name is Dustin Gavrilo. I’m resident of Bismarck. Don’t worry you’re not in trouble.

00:17:23,730	I’m actually here to help keep you out of trouble today. Uh, I’ve heard And. This is regarding I item B on the regular agenda I have heard That. There is some momentum to potentially be using the half cent sales tax that was approved in 2018 on the 52nd Street, uh, connector to century and century was on

00:17:48,200	the list of approved projects. I just want to urge you to, uh, follow the letter of the law, uh, in the home rule charter so that the voters are confident that when they vote for these things that the government will actually follow. What Is in the writing.

00:18:07,400	Uh, I know that, Uh, later Today, you’ll be listening to some citizens presenting on a A dedicated sales tax for transit and a few other things that the county is, uh, pushing for the, uh uh, sales tax on, uh, replacing property taxes for the purposes of the county jail operations, Sheriff’s department and state’s attorney, which has the potential to reduce the county’s share of property

00:18:32,400	taxes by half, uh and so when these things are approved by the voters or voted on the voter by the voters, uh, they need to know. That. It’s actually gonna be followed, Uh and that, uh, there’s not gonna be any funny business.

00:19:00,930	So with that, Uh I will leave you be In this opportunity for public comment. No. Can do if you Good evening. Comm. Mayor and commissioners. Uh I’m Wayne Munson. I, uh, reside here in Bismarck and I wanted to visit just a little bit about the half cent sales tax that is on your agenda this evening.

00:19:27,470	Um, I do consider myself someone that is fairly involved in our community. Um, but I’ve and I’ve heard about this, Uh Possibility from Mr Connolly, but it took me quite a bit of time to Actually learn the language.

00:19:51,070	Find all of the information that you guys are asking for in this half sent, um first let me say that I definitely Approve of your request when it comes to public transit. I have a daughter in a wheelchair. I understand the difficulties of, uh of what that service provides for her and for other people that are like that, Um so again, I. I support that my question is and my urgency to the commission is transparency and education.

00:20:15,470	You’re asking for 2/10 of a cent for public transit. Uh, I have listened to a few meetings at this table where they’re going to be approximately a million dollars short in their budget in the upcoming years. Well 2/10 of a half cent is 4 million.

00:20:39,100	What is the other 3 Million used for, so I just urge the commission to be transparent. Um, when you’re talking about this, because the citizens in order for them to vote for it need to know what you’re asking of them. The three cents. You’re very specific in your your conversations you want it for? Uh, a new, uh, Police department. A New Fire department, um, and equipment to fill those that I understand.

00:20:59,370	My question is you’re asking for this half cent sales tax for ever. And. Do, You need $6 million plus every year. For those items. And, So. I. Just urge again. I urge the transparency and I urge the education. I want to be able to support this the best I can for the citizens.

00:21:23,270	Um, but to do that, I I need I need you guys to let us know your thoughts through this process, So thank you. Battery’s died. Trevor, couldn’t you? I can just talk without it. Sorry about this. Fervor van Advocate for the sales tax measure. I’m in major support. We need it for the disability community. It’s it helps us.

00:22:25,730	We strongly support I’m hearing from agencies. There’s No other way to get around and I just think we need it for public safety as well. But. Our Disability community needs your help and you know, without public transportation. We have an Olmstead Complain. We could have trouble there and not getting citizens where they need to go.

00:22:49,330	So we just wanna be on the up and I appreciate it. And and I speaking on behalf of the disability community, we really need your help. We don’t want to be without a rider without public transit. Thank you very much. This is public comment Anyone who wishes to speak, Please come forward. Hi.

00:23:25,470	My name is Susan Dingle and I am also like Trevor, speaking in favor. Of taking action on Transit. First I’d like to say in transit is not some kind of frill or option. We are between Bismarck and Mandan were considered a metropolitan area by things like the Metropolitan Planning organization and other places that we get funds from the federal state level.

00:24:02,400	In 100,000 plus community. A public transportation system is expected. It is not and just a nice option. It is something that is needed. And I’m going to speak more. On the economic development side of this because it doesn’t come up much, but I have had some conversation with people who work in economic development, some of whom have Appeared

00:24:31,900	before the City Commission and I’ve also spoken with people at colleges and universities, who, of course, are trying to recruit students, and they aren’t just interested in getting their students from Bismarck and Mandan or not, even just from New York, North Dakota.

00:24:55,800	They are real proud of how many different states and how many different countries their students come from, and they frankly admitted to me. In addition to thereby increasing the diversity and variety of the student pool and thereby adding to the interest and quality, maybe of the educational experience they are hoping to retain some of those students and they all said one of the big things in retention

00:25:22,630	and attraction is A public transportation system. So. This is something that people Look at this is something that a business that is trying to decide Where might we want to relocate or make a new branch or start up? Where? Might We wanna go? One of the things on their list and this is close to

00:25:48,670	the top. Not. The bottom is public transportation. I want. You know if we want to be a destination community if we want to be welcoming, family friendly, livable user. A user friendly community, an age friendly community. Public transportation is part of that picture. And I will reiterate the other usual things we talk about. Yes.

00:26:22,800	People with disabilities need per transit service. Otherwise. They have a great deal of difficulty getting outside of their residence. Well that is not really living life to the fullness. And.

00:26:48,470	That certainly isn’t allowing participation as a citizen much less Activities of daily life, which are coded legal words that have impact and they mean things like in this case being able to go out and go shopping. Buy groceries go to the to movies and concerts go to exhibits meet with friends go to work because a number of people with disabilities are employed. Go for training. So P Transit comes in pretty handy for this group of people. Fixed route.

00:27:19,000	Transportation is also important if a person has enough strength to walk the 2 to 12 blocks that they may have to walk to get to a bus stop. The fixed route is pretty darn good, and it’s pretty reliable. And it too.

00:27:44,530	Enables things like getting to school getting to work getting to training going out and socializing going to meetings going to exhibits. And. Of course there are senior citizens and they cross over in a number of these groups, and they have needs of their own as well. And. Then. There are college students. There are college students living here right now, who are big users of the bus, The Green Route. University of mary. And.

00:28:09,770	Also United tribes are big users of the bus service and ABC. You also see Users of the bus. And. These folks are using it not just to get to school but to go out shopping. WalMart. I understand from the people I at BSU Transit involved in trip planning.

00:28:32,800	That’s one of the requested businesses that they get a lot of requests for. How, would we get to to Walmart from where we live and How, would we get downtown? How will we go to the library? These are all important destinations and the bus serves them and it serves the people who want to write it. We need to find a way.

00:28:57,170	To fill in that gap with more local Funding wherever we can find it, and we need to work in a concerted way to do that. All, right is this is public comment period. Anyone, who wished to speak to an item. Please come forward. Sign in Second call for public comment. Third and final call for public comment.

00:29:29,230	OK? And, seeing no further public comment. Public comment period is now closed. Comm.. I know you have an item mayor if we could from the consent agenda if we could pull item Um Three or No four F two, please. Sorry about that. OK with with that Comm. Mar marrying commissioners.

00:30:00,100	Um, if we could pull Um, from the consent agenda for E. To Just have a little bit of a discussion on 44 E two. Yes. OK? With those two items being pulled further discussion. What are the wishes of the commission to the rest of the consent agenda move to approve. Second Any discussion. You’re an un carro. Comm.

00:30:39,530	zinker. Yes. Mr connelly. Yes Comm. cleary. Yes Comm. mark mayor Schmitz. Yes. Um Mr. Do. You. Wanna. Yeah, I sure can Mayor um so we just need it.

00:31:03,000	We got a couple of dates that we need to adjust on this so Gabe, if you could Come up and make those adjustments unless you want me to fumble through it. You Just. Let me know there he is that a kid? All right, Gabe? Go ahead. Uh, mayor and Comm.. The. The requested item was from Cathedral of the Holy Spirit to close Raymond Street for a festival.

00:31:16,400	They are holding the application that they put forward had the date of the actual event but did not include the time before that event that they needed to set up for set events, so the request would be modified to start Friday, May 31st at 9 a.m. through Saturday, June 1st, uh to 11 P.m..

00:31:40,430	OK? The mayor with that I’ll just I’ll make a motion to approve Item four F two with the date corrections of May 31st through Saturday, June 1st of 2024 2nd. Any discussion. Any discussion. What we’ll call hearing none. We’ll call roll. Mr Connolly Comm.. Cleary. Yes, Mr marquardt. Yes Comm. anchor. Yes, Yes Comm. marquardt Mayor and commissioners been just if we can kind of just walk through this.

00:32:08,130	I know we’ve We’ve talked about a little bit before. As far as you know what Um Kind of the process that that we’re gonna be using, then also, you know, I. Just wanna make sure that and I know you’ve got some timelines in there as far as visiting with the different stakeholder groups.

00:32:24,200	Can you just kind of walk us through that. If. You don’t mind, Can I. I’m gonna put the overhead on here. Yeah. Mayor and Commissioners. Yeah, Thanks for actually calling attention to this item. This item That’s in question for those at home in and those in the audience is basically the contract.

00:32:55,730	Uh, that we’re entering into with Clarion and and associates and their their sub sub consultants on, uh What. We’re calling an update to our land development code. Uh, most people might refer to these as our or me be familiar with them as our zoning and subdivision regulations.

00:33:15,470	Um, so this this is a, uh, I Think an effort that’s been probably a long time coming the last overhaul to our zoning and subdivision regulations it was, I think in the mid eighties, Um and so we’re, uh, we’re we’re It’s not uncommon that that we might have 40 year old or or older. Uh, ordinances.

00:33:35,270	But, uh, it it is common that most communities are are, uh, when they get to that vintage that they’re looking to make an update to to them, And, So. This was probably one of the big items that was identified in our comprehensive plan that we recently adopted last year together 2045 as one of those mechanisms to address a lot of issues identified in there, So.

00:33:54,130	This contract, uh, is with Clarion Associates. You all had, uh, approved them as the the vendor of choice. The last meeting. And. So. This this lays out sort of their specific scope of work. Uh, the project manager who’s Who will be daniel Nin, Uh, who’s also our planning manager.

00:34:15,330	Uh, he and myself and and the other, Uh, planning team have reviewed their scope of work against what we had requested in the RFP. Um and we’ve gone back and forth a few times and and we feel confident that the the scope of work items are addressed in this this item.

00:34:33,500	The the item on the overhead Here is sort of the timeline how Anticipate or how clarion proposes to update the land development code, probably from a project management perspective. As I said. Daniel will be that specific project manager from a staff perspective, but they’ll be what we’re calling a steering committee. Um and we’re working with, even though Clarion isn’t in contract right now we’re we’re working with. And.

00:34:55,970	Uh, identifying who? Some of those those state, Uh, string committee members may be We want a robust group We want Uh, not only the folks from public agencies, but the private sector involved with the development community, the building community.

00:35:17,870	Um, uh, folks representing sort of a broad cross section of who these ordinances could impact or changes in ordinances, um, so that that group will help, Uh, provide some guidance to this. This document. There’ll be a number of public engagement opportunities along the way for folks to react to.

00:35:39,770	It is difficult, I would say, Uh uh A change in ordinance like this is is kind of abstract for for folks to wrap their, uh, wrap their interest level around unless they know how. How it impacts them. So I think we’re trying to work with Clarion? Uh, if if they’re selected and we’re given the opportunity to move forward that this contract to find some ways to to engage the public in in meaningful ways, they can provide feedback to to us, but,

00:35:58,370	uh, generally the the the development Timeline, uh, would start immediately if we’re given the the the, uh, approval to initiate the contract. Uh, the bulk of the heavy lifting would probably occur in and when I say, heavy lifting, so they’ll be research done by Clarion and associates over our existing contract and comparison to Sort of where

00:36:19,700	some of those goals and objectives align with our comprehensive plan. Uh, there’ll be a variety of recommendations and, uh, probably opportunities to work with different focus groups. The steering Committee along the way. Um it probably in 2025 is when we’ll start to see a draft of the the document.

00:36:42,230	Uh, become, uh, probably more public facing so the public can react, You know as to more of a complete document rather than piecemeal issue by issue because sometimes issues are related, and and they’re, uh, in different parts of the cold, and so I think working with Clarion, we we agree and their experience and by the way they’ve done, uh, work in pure

00:37:02,400	Communities like ours, uh, throughout the region, so they’re they’re very well experienced in this type of study, but, uh, the the sort of the end date for adoption. We would be looking. Uh, that November December time frame in 2025, and then they would be also held.

00:37:21,600	The contract also has them, Uh, where he We Keep them on board for for implementation. Pieces of the of the code, uh, in into 2026 if that’s necessary, so Was there Anything else specific that I didn’t hit on that. You. You You wanted me to touch on. No. American Comm.

00:37:37,700	has been and I just wanted to, you know, because sometimes when stuff gets put in the consent agenda, then a lot of sometimes the individuals or citizens don’t get chance. Take.

00:37:54,730	A, look at that necessarily, so I just want to make sure that you know we brought that out, but then also to make sure that, uh, there’s plenty of, uh, time to, uh, get our our, um Groups together to be able to have a lot of those discussions because it is a like you had mentioned a major overhaul. Um as far as what our You know what this looks like.

00:38:12,330	So? I just wanted to make sure that you know we’re working with all of our our community groups that that we can to make sure that this is successful and hopefully if there is some issues that arise, we get done. Get Get it taken care of sooner rather than later on the back end. Sometimes it seems like it’s a little bit more challenging to to change some of that, So. We.

00:38:26,670	Just wanna make sure or I wanted to make sure that, uh, the citizens know of of what’s coming down. Um And then also to make sure that you know to make sure that they have their voice heard and and be part of the, uh, process. So. That was all I was. Thank you for that? Thank you, Mr Conway.

00:38:45,100	How is this title fourteen’s part of it? Is there other, um Parts of our ordinances that are gonna be impacted a title 14 would be the primary ordinance that that would be, Uh uh, modified or or updated Comm. Connolly OK, and it has impacts for both city of Bismarck and the that is correct. Ok, thank you.

00:39:11,070	If there’s nothing else I’d move to approve. OK? Any further discussion. A no call role. Mr cleary. Yes. Comm. marquardt? Yes. Yes. Mr Connelly? Yes, Mayor Schmitz? Yes. Moving to the regular agenda item. Five B. Receive a presentation or recommendations on E Century Avenue Reconstruction project. And, then ultimately to provide some de, uh, direction.

00:39:43,030	Hopefully, Uh, gabe, are you introducing us? It started off. Mayor and commissioners in June of 2023. This board, uh, elected to approve Century Avenue from cost to drive to Centennial Road as the next half cent sales tax project.

00:40:10,800	This project would also include extensions of century avenue from, uh, car drive to 52nd Street and the extension of 52nd Street from East Century Avenue to gold drive. We are under contract with KLJ to perform the preliminary engineering services as part of this project, and we’ll have a couple of their individuals here present. Uh, their initial Understanding of the project issues.

00:40:28,000	The Alternatives developed and the public input that we’ve received so far in the project, and then I’ll come back up at the end to go through recommendations and hopefully get some decisions and some direction from this board. Mayor and commissioners. I’m Brad Krogstad with KLJ engineering. I’m the project manager on the Entry Avenue project. Uh, with me tonight is todd Hummel. He’s the project engineer on the project.

00:40:54,600	Currently. We’re nearing the end of the preliminary design phase for this project, and we’d like to present some of those findings to you tonight. We’re gonna present them in the form of a presentation that’s very similar to what we provided as part of a public input meeting on February 22nd at Sunrise Elementary School.

00:41:17,000	With the exception of the addition of some of the decisions that will have to be made tonight with regard to moving that project forward into final design phase and ultimately construction, so with that, I’ll leave, uh, Todd to talk about go through the presentation and then we’ll be available for questions at the end. Thanks proud.

00:41:43,200	Good Evening mayor and commissioners excited to present to you today, as Brad mentioned, this is gonna be very similar to what was presented to the public back in February and I’d like to just start off kind of just outlining a handful of things here to help facilitate this discussion.

00:42:00,800	We’re kind of gonna break this project up into a couple different segments. Uh, the first of which being in red the reconstruction area, essentially where existing roadway is today, And. Then. There are the two extension pieces.

00:42:20,630	The Sections in blue there the extension of entry and the extension of 52nd Street, so you’ll hear me talk about that quite a bit throughout the evening, uh, reconstruction or extensions or new constructions kind of two separate things here. So looking at the existing conditions on what’s out there today. Um, it’s just again a pretty limited roadway from about Centennial Road up to cost drive. It’s a a rural two lane section. Some of the pavement is starting to deteriorate. There’s no shoulders.

00:42:39,900	There’s No turning lanes, Um and it’s starting to see its end of design life and needing some improvement. For a pedestrian and multimodal facilities. These are also relatively limited along the corridor.

00:42:56,530	Uh, there’s a 10 ft, sidewalk or shared use path between Centennial Road and Stonewall Drive on the north side of East Century and then another 10 FT. Shared use path on the south side between Lafayette and British drive. Probably one of the bigger overarching, uh, discussion points for this evening is going to be the discontinuity.

00:43:17,330	So right now, as I mentioned, entry terminates at the intersection of cost drive 52nd Street in, uh, ends at the intersection of gold drive up in that silver ranch subdivision up there. And so that network discontinuity is something that we had studied kind of very early on both with the traffic operations report and some other analysis, I guess in terms of how these two roadways should connect with one another. So looking at that in more detail.

00:43:35,400	Uh, we’ll start about that connection of of entry. And. What. Should that alignment look like this alignment that you see on the screen here mirrors essentially what has been in the city’s long range Long range Master transportation plan.

00:43:51,730	Uh, so we kind of started this with a baseline and then we took into other considerations like the existing right of way and easements that are out there. Some of the public infrastructure that’s already been installed Storm sewer, sanitary sewer, uh, private utilities that we may need to cross and then some of the terrain there’s a couple of different That spread through this area, uh, that we needed to take into consideration as

00:44:06,530	well. Looking at 52nd Street. Um, we started looking at a wide, different array of different alternatives for alignment opportunities for this, uh, taking into a lot of those same considerations, easements, infrastructures, utilities and terrain that’s out there.

00:44:29,130	So, the kind of darker shaded blue region, uh, that more follows what is currently installed for a water main. That parallels down 52nd and starts to veer off to the east and to the undeveloped land there. Taking it one step further, um, part of the long range transportation plan discusses potential opportunity for a grade separated crossing of 52nd Street over Interstate 94.

00:44:50,600	That’s not part of this project, necessarily, but it did help us come up with a better understanding on a preferred alignment, location for entry and for 52nd Street, So. Our Review is essentially a feasibility study to make sure that this could accommodate a future grade separated crossing. Uh, whether that roadway would go over interstate or underneath interstate.

00:45:10,000	Uh, we wanted to make sure that the alignment of East century is positioned such that it could accommodate this in the future if that direction were to move that way. We also completed a traffic operations report that helped facilitate some of the different roadway sections that are going to be proposed throughout this area.

00:45:28,530	Um and I’ll kind of dive into some of that right now, Uh, this first roadway section here is going to be in that reconstruction area from Centennial Road up to cos drive and then actually extending a little bit even further east and I’ll talk about that, uh more once we get those plan exhibits available for you, but the section is proposed to be five lanes.

00:45:46,270	Uh, two driving lanes in each direction with a center left turn lane. And, a 10 ft. Shared use path, Um, and it’s 6 ft. Sidewalk. Due to the constraints of of right of way that’s already been established and the development that’s already occurred in this area in order to fit this, there may be some needs for retaining

00:46:02,600	walls, either on the north or south side of East in order to fit that in Continuing then to the east, now in the extension area outside of where the existing roadway currently exists.

00:46:22,970	There’s actually two options here for entry before that would connect into 52nd Street, and that would be an asphalt rural two lane section, so a single driving lane in each direction, Uh, with a 4 ft shoulder on either side. Uh, we propose that this would be wide enough such that in the future if needing to widen the roadway and provide an additional driving lane or a center left turn, lane. Um, the embankment and grating.

00:46:39,200	Would have been done so to support and accommodate that in the future. The. Other alternative would be a concrete urban three lane section. Uh, so very similar. It’s got curb and gutter. Um, it’s got that center left turn lane.

00:46:57,900	The difference being it’s just got a single driving lane in each direction, uh, similar to the rural two lane section we would grade out and provide that embankment and that additional width uh so that it could accommodate additional widening in the future and convert this to a five lane section if necessary, and also support a 10 ft. Shared use path on one side of the roadway.

00:47:17,370	And then, lastly for the extension of 52nd Street, Uh, this is basically a identical copy of what’s out there today, um, right next to Silver Ranch subdivision there. It’s a rural two lane roadway, uh, single driving lane in each direction with asphalt shoulders. So kind of taking all those different puzzle pieces and putting them together. Uh, we basically came up with three different proposed alternatives.

00:47:38,400	Those are alternatives. BC and D. Uh, alternative A is the no build scenario in which no improvements would proceed. But this first one here five lane reconstruction. This is considered alternative B and effectively. What this would do is reconstruct what’s out there today, Um, still allowing for logical Termini of where we should end the propose.

00:47:59,600	Improvements and what I mean by that is it’s not necessarily, um, a perfect scenario to urbanize a roadway like this and terminate it right at the intersection of cost drive, uh, just immediately east of there. We’ve got that tributary.

00:48:18,330	Um, that would be valuable to get this roadway over and allow for our storm sewer drainage to have that outfall location at a logical location. So. Uh, alternative B would really only reconstruct what’s out there today, uh, but still have an open door for expansion in the future. Alternative C, then is the two lane rural extension. Um, really? The.

00:48:42,730	Only difference Here is the small segment between the five lane reconstruction section and where it would intersect with the extension of 52nd Street. So all of the same improvements from alternative B except we would be providing the extensions of those roadways of both EENT and 52nd Street. Um and that would be done so with the rural two lane section.

00:49:04,070	And then, lastly, the final alternative alternative D very similar again. It still provides those extended roadways. Uh, the only difference being that small section between the five lane section and the intersection with 52nd Street, uh, the proposed improvements there would be the three lane urban section. There’s also recommendations for a handful of pedestrian and multimodal facility improvements throughout the corridor.

00:49:26,470	Uh most of these are within that five lane reconstruction segment of the project, so these improvements are shared between all three of the bill Alternatives alternatives BC and D. Um There’s currently an existing pedestrian crossing at the intersection of Roosevelt drive.

00:49:48,100	Uh, the traffic operations report makes recommendations for providing a raised median with a refuge island for pedestrians as they cross that five lane roadway, uh, to have some room if they’re not comfortable making that next advanced pedestrian movement across the roadway. Just kind of like a A Plan view exhibit of that, uh, specifically at the intersection of Roosevelt.

00:50:07,130	One thing I’ll note is that this quarter is relatively unique in that the majority of the intersections are T intersections. Um, so if wanting to provide additional accommodations, such as these raised medians for pedestrians at other intersections, Um, we could certainly look at doing that, with really no impacts to vehicular traffic. They could still make all those same turning movements in and out of the intersecting.

00:50:29,530	Roadways without creating any restrictions, essentially. And then lastly to to further that pedestrian safety, uh, specifically at the pedestrian crossing. Our recommendation is to provide a rapid flashing beacon. Um at this pedestrian crossing. And.

00:50:50,400	Uh, essentially, it’s just a couple of bright signss with some flashing lights to make notice to the vehicular traffic that a pedestrian is trying to cross that roadway and that would be done. In addition to typical other measures like Pavement markings, lightings, um and advanced warning signing as well.

00:51:13,370	Um one other thing that we looked at in our prelim engineering review and not necessarily a part of this project was working with Bismarck parks and RECs on the, uh, potential connection for a sidewalk or shared use path from entry up to the sunrise park here. Uh so we did take a peek at this and and try to understand some of the impacts and costs that would be associated with this again, not necessarily going to be part of this project by any means.

00:51:28,300	There’s still, uh, funding that Gabe can talk about, Uh, that’s to be discussed at a later date. But We did look at this. As brad mentioned, uh, we had a public input meeting a few weeks ago in February, Uh, over at sunrise Elementary.

00:51:44,430	Um, we did a large number of things to reach out and communicate with the public. Uh, postcards were sent within a large radius of the project corridor. Uh, we had some Facebook advertisements as well in order to get people to show up to these meetings.

00:52:00,870	Um, there is an online virtual component where we shared a very similar presentation and all this detailed information on a website um, as well as the in person presentation as well and public. Several different ways that they could provide comments they could speak up at the meeting they could do handwrit comments at the meeting they could email or provide online comments. So.

00:52:18,100	This is kind of just a summary of the quantity of different types of input that we had received and I won’t go through all of those in detail. But in the appendix of the prelim engineering report that was provided does outline essentially every single comment that was received from the public. During this time the majority of those were discussions about Necessarily about the project improvement extent.

00:52:39,270	Uh, what the improvements might look like on 52nd Street. Whether. That’s gonna be a a rural roadway or a larger corridor. Um There were concerns about some site distance and visibility issues with one of the intersections and not being able to make a safe turning movements on those, Um and then, lastly, just a handful of questions on storm

00:52:58,530	sewer retaining walls and how traffic control would be maintained during construction. So that brings us kind of where we’re at today. Brad mentioned. We’re kind of wrapping up the prelim engineering report. Um, for this project we’ve gone through and done all the prelim design and environmental work.

00:53:18,270	We’ve completed the public input meeting and we finished up the public input process in terms of soliciting comments, and now we’re here tonight for Commission presentation. Uh, the next steps ultimately would be if a decision is made to start moving into the final design and right of way acquisitions with the goal currently to have Plans prepared and ready for bid late this fall early winter, with

00:53:39,870	construction occurring potentially in the summer of 2025. So. I kind of just summarize these alternatives again to make sure everyone understands. Uh, alternative B. That’s just the reconstruction area in red. That would be the five lane section of roadway alternatives. C and D are nearly identical. It provides the extensions of both entry and 52nd. The.

00:54:04,130	Only difference being that’s pretty small segment in blue on entry, either being a two lane rural section or a three lane urban section. So kind of just summarizing, Uh, these alternatives and the pros and cons of each of these alternative B. The. Five Lane reconstruction. Um, right.

00:54:25,630	Let me backtrack here of all of these alternatives, um, of the build ones they do provide improved roadway capacity. They increase the safety. They provide additional pedestrian facilities. But, there are some pros and cons to each of these individually and for alternative, B, Um Really, one of the the key points of that is that we are avoiding some potentially significant, uh, costly impacts to the new star

00:54:48,000	facility that would need to be crossed with the U two extension alternatives and and it really does not provide that network connectivity. Right, So we’re still left in the situation where there’s only one major route out to that Silver Ranch subdivision and doesn’t provide that connection with 52nd Street, uh, for alternative C, um, you know,

00:55:06,700	kind of the flip side of that CN. We now potentially see those impacts to that new new star facility. But. It does provide that network connectivity for both of these alternatives.

00:55:26,930	Really the only difference between the two is that with the alternative C, the two lane rural section, they’re likely would be a need in the future. Um, with the long range transportation plan expansion further to the east of the century here, uh, where that roadway might need to be reconstructed in order to facilitate the traffic demands and volumes that we would see. Run through some of the different costs here between these three build alternatives.

00:55:48,330	Alternative B, um, coming in right at $19 million. This is inclusive of everything. This would be construction costs Engineering Fees inspection administration during construction. Uh, right away. Wetland mitigation. Uh, in some of those utility impacts, which can be quite costly.

00:56:08,600	Our initial discussion, uh, with NAR, Uh, they provided a budgetary estimate of a little over a million dollars if we were to go over their facility and need to make adjustments. To that. Uh, for alternative C. The total cost of that comes in approximately 26.

00:56:27,400	4 million in alternative D at $28 million, and we tried breaking this out in a little bit more detail so that you can see the different pieces of the puzzle and what those individual price tags would come in. At With that I’ll let Gabe come up. Mayor and commissioners. I. Guess. We have probably three things I’d want to address the first one being, uh, These improvements, the second one being direction on the budgetary components of how this is paid for, especially the 52nd street component.

00:56:52,500	And then the third one is probably just more of an update on, um as todd mentioned the Sunrise Park connection and what we’re looking at there, um so first off the improvements anytime we do a project, we’ll have that alternative a of of Don’t do anything.

00:57:10,530	There’s that’s that’s always an option never have to force ourselves into building something we don’t want. Um, but when we start looking at those other build alternatives for this particular Project. Um There are some projects where it’s pretty clear like this is just what we want to do. It’s It’s put up three lane with a roundabout or five lane with a signal or whatever the thing might be.

00:57:24,530	It’s pretty straightforward if that’s just as the the data would point us towards that recommendation, this particular project has some different pros and cons with with all of these sort of things, and and I would be satisfied, really with any of these build alternatives, BC or D. They all have their own values.

00:57:41,670	Um, to them, Uh, specifically alternative B, I think addresses a lot of what we Have or or what we need on on that corridor, but it doesn’t provide that connectivity. So. We’re missing that component.

00:57:56,530	Um, but we get to save, uh, potentially a significant amount of money by not paying that new star pipeline relocation potential, But that, in my opinion is just kicking the can down the road. That will be something that will need to be addressed at some point, so I kind of lended myself more towards those build alternatives that include that extension, whether it’s C or D, and as I started working my way through those concepts of of

00:58:11,930	how to do this, Uh, we did meet internally as as staff with other department directors that are have a vested interest in here, whether it’s the police department or fire. Um, community development.

00:58:31,200	Fiscal etcetera, uh, to understand how how does this decision affect their needs and really resoundingly, the extension component was was highly supported through throughout most of if not all of the Staff members involved so getting back to YC versus D. Uh, a lot of it for me was the value that I saw in, uh Being able to to address this corridor one time and hopefully not have to go back in there and do something again for a very long time.

00:58:47,870	I put AAA high degree of value on that particular component, especially when the differential between alternative C and D is something like 1.5 million, or whatever. That number may be, Um it’s really just a short stretch of of area that we’re talking about.

00:59:05,800	From where, uh, the extension of Century Avenue would end to get to 52nd is only about 1500 ft or so so it’s not like it’s a very long stretch. If this was a decision to Continue this for another mile, We would see the difference between alternative. C and D become more drastic and dramatic between those, uh which I think would provide a little more decision point.

00:59:20,730	But if we’re only talking about the 1500 ft and have to cross a pipeline. It’s in my professional recommendation than to to go with alternative D. So. We can address this corridor on the Century Avenue piece and really kind of leave that quarter alone, then for the foreseeable future, Um The.

00:59:41,000	Next item I’ll have is the the Sunrise Park connection component. Uh, that’s an item that we we are, including the work so far in our environmental documents and our wetland impacts in my conversations with Bismarck Parks and Recreation District, we have as you may or may not remember of applied for that same project through department of Transportation, Uh, Transportation Alternatives

01:00:01,130	Program funding so that it could tie into this piece, so we haven’t heard back yet from the T a program to understand if we are awarded that component what I would recommend is that we kind of wait on any decisions on Sunrise connection until such time that we hear back from the

01:00:17,330	T a grant If the T A Grant comes positive then that gives us a real clear indication we should not incorporate it with this project. We should just let parks that through their the T, a program that’s federally funded.

01:00:30,130	Um, if that doesn’t come back as as as awarded, then I think I would bring this back to this board, as well as work with Bismarck parks and recreation district to come up with a a payment schedule or a scheme of Who’s paying for what in that particular improvement? Um, and then, lastly, Comm.

01:00:46,730	Connolly, you Address this a couple of times and heard it earlier today from Mr Galva how to address the 52nd Street Northeast improvements and, um, as we had noted here Ah, the $2.4 million worth of extension to construct that 2000 or so feet.

01:01:06,570	This is somewhat interesting in the sense that a lot of times we’ll do a project and we’ll need to go outside of the court or the Century Avenue corridor to tie something in. Um Usually. That’s a pretty small, uh, distance to go on Roosevelt to to tie in this thing that might not be in century avenues right of way, but it’s in Roosevelt’s right of way, and it might be 50 ft. 100, ft, et cetera.

01:01:21,000	When we start getting into, you know, constructing 2000 Ft. Of roadway that’s probably hard To pass that sniff test of saying the spirit of the half cent sales tax, or this was even in the lab, The half set sales tax, so my recommendation would be to not use the half cent sales tax for the 52nd street component, but either use the

01:01:37,400	the the regular penny, uh 1% sales tax, um, mill Levy or really any other Direction that you would want us to fund and that decision wouldn’t have to be made today that could be made through the budgeting process for this 2025 expected expenditure, But I do want to at least bring this to your

01:01:51,870	attention now, in case that decision or direction is given at this point in time. So with that I’d take any questions that you may have on the recommendations and KLJ was dan for any other questions that you may have on the proposed improvements and see where this takes us. Comm.

01:02:08,330	Marquardt mayor and commissioners Gabe and I’m Glad. You pointed that out because I I would wouldn’t be in favor of that the 52nd. I think there’s different funding alternative for that. I think we need to stay with Century Avenue as we had, uh, brought that forward. Um I wouldn’t be against the extension out to there.

01:02:26,530	Um, just the going north farther. Um, one of the things that and I know the showed it on the map. You know as far as 52nd Crossing interstate. Is There been any discussion as far as that move forward where they’re at with that, or they thought process or or 66 as far as the timeline because you mentioned that, you know, we’re

01:02:43,830	gonna be building this and that would be the infrastructure that’s gonna come from 66. So do we have a timeline? As Far as what states? Ideas with that game, mayor Comm. Comm.

01:03:03,930	marquardt, specifically, the 52nd Street crossing of the interstate 94 would have to be a city of Bismarck initiated project we’d be able to use federal funds through our urban program if that’s a project that we wanted to move forward with in the future, But that would not be something that would be funded by the state necessarily through their program or through the interstate program that they’ll take care of their interchanges that they have on the network.

01:03:19,000	But the overpasses themselves, They would look to us or the or the local municipalities or counties to to fund that. Other piece of infrastructure, so the direction that we had on this project that I that I gave to KJ wasn’t so much that we were going to, you know, construct that facility now, but it was just making sure that the

01:03:33,330	decisions that we’re making as part of this project as part of this extension of Century Avenue will be compatible with that future. 52nd street. Um, overpass underpass, whatever it might be at some point in the future, and we don’t find ourselves, uh, painting ourselves into a corner that we can’t really get out of, Uh,

01:03:49,270	without spending a lot. A lot of money, So. That was the main reason by looking into this now, not so much that we’re gonna Constructive but just laying the ground work that we have some plans or actionable plans that we can use if at some point in time we want to construct that facility across

01:04:02,070	the interstate, but to answer your first question, there’s no imminent plan or nor is there anything in our five year plan that will show that that’s something that will be pursuing.

01:04:18,670	You know, I know it was discussed quite a While ago in Very intently by a lot of individuals within city and county as well as far as 66. So I just didn’t know for sure if there was any more discussion on that, or mayor and commissioners Comm.

01:04:36,800	marquardt as far as 66 is concerned, that is still the location that we would that we burly county DOT MP O, all all the parties involved have identified as the next interchange location. And. So that’s we’re still programming that that’s something that we’ll want to do, but it’ll take projects like this, like extending Century Avenue to get out to their extending Avenue, um, to get to 66th for us to be able to then eventually justify having 66 as an interchange.

01:04:52,430	Uh, this 52nd component would just be a crossing just to clarify so it would not be any ramp terminals or any entrance or exit on or off the interstate, but merely to cross the interstate similar to what we have on Fourth Street Washington Street 19th Street just other ways to cross that barrier in our community,

01:05:07,000	OK? Sounds good one of the other things is that You know I live on Roosevelt there, So. Yeah. There’s always been talk and discussion and issues with that infrastructure as far as that portion of Century Avenue is always Tore up, beat up a lot of ice different conditions on Roosevelt.

01:05:27,070	So, um, hopefully if This goes through. We’ll be able to eliminate some of those different Different issues. Um, one of the thing with the pedestrian, um islands. I. Guess. That kind of depends on which alternative or or what we go with or if we do go with that, Um, you know, as far as, um Snow removal and stuff.

01:05:47,030	There’s a lot of snow removal or snow that comes in and some of those areas that are open. So. What of your conversations been with? You know those islands? Uh, pedestrian islands and some of our other road, Uh, infrastructure with public works. Uh, Mayor and Comm.. Comm. Marco.

01:06:06,730	Uh, I guess specifically, we didn’t address the the concepts or the maintenance responsibilities of of those islands but with with public works and our staff meeting, um it is noted, Obviously.

01:06:24,430	There is an additional, um, obligation of maintenance to to clear off those medians and that takes extra work and and slowing down that the snow plowing Operation to to do that, Um, any that’s one of the reasons that we’ll look to do that only in those kind of critical pedestrian sensitive locations.

01:06:39,730	Um, which maybe should back up every locations for, you know, potentially, uh, sensitive to pedestrians, but in particular areas where we know that there’s a high likelihood of pedestrians crossing the road to get to the schools to get to wherever they need to get to and not necessarily plaster this whole entire corridor with 30 of these if we could try to concentrate that activity into the two or three locations where those pedestrians will cross one other question before I Let someone else speak a little bit as far as the timing of the construction of this

01:06:57,270	versus the timing of exit 161. That’s a major thoroughfare that a lot of us resonances in that area. Get out on. So what are we Looking as far as timeline and, um, uh, just traffic Issues. It’s gonna be horrible. I know, but mayor Comm. Comm.

01:07:20,200	marquardt short of putting a new exit ramp onto the interstate without their permission or without them knowing about it. I think we’re going to be stuck with just some some pretty gnarly traffic concerns during this time, as you know, the exit 161 project will start construction 2024, but there will be continued Construction 2025.

01:07:35,970	We’ll take all of that into consideration as we look at the construction phasing for this proposed 2025 project as well, and some of that might be increased cost in order to maintain two Traffic into and out of some of the subdivisions knowing that there’s not really another way out short of the Century Avenue corridor, so there might be the I shouldn’t say there might be.

01:07:53,430	There definitely will be additional considerations made reflecting the fact that the DOT has a lot of this corridor under heavy construction for the next couple of years. Thank you, sir. Other questions. Comm. Connolly.

01:08:17,370	I appreciate the fact that you we had discussions in We, um based on timing and things we push this down the road a little bit so, but honoring, um what the citizens pass for? It’s in high regard and, um, that’s why I keep kind of harping on it and things so I appreciate that. I. Do have a question, um, cause wording matters.

01:08:35,500	And when you brought these fourth to us, um, even on the preliminary, That’s, where the primary funding source is the half Sense. That’s What gets me bringing it back up. And then, um, when you talked about the, uh, transportation funding for the 2 million I asked at that time because you said, if we get that designation, we could reduce the sales tax.

01:08:55,200	Why not move the 2 Million to say the 2.4 million of the 52nd and let the half cent do what it was designed to cause. Those arterial roadways are what’s used by everybody, even people out of town, so that’s used for the Entry corridor and that would drop say, um, the 52nd down to that 0.4 that creates a significant difference.

01:09:17,070	And to that element. Um, I’ll. I’ll continue, but I’ll I’ll stop with that part of it! Mayor and Comm. Comm. Connolly. I believe you’re referring to the application that we made for for additional DOT funding through the legislatively approved, you know, state funding only we applied for funds for this project.

01:09:33,670	We applied for funds on our South Washington Street project that’s already under contract and we applied. Funds on a Calgary avenue extension. Uh, project. You know your Legacy High school. Uh, If. We are awarded those dollars.

01:09:51,300	We would bring that back to this board to then make a decision on where those are are placed, whether it’s placing those dollars into the half cent portion of this and leaving the the the one penny to pay for this remainder, or is you’re suggesting use this funding that the DOT could provide on on the 52nd street to to lower the burden on the the one penny, those would all be discussions that would take place if at such time we are notified that

01:10:09,130	we’re awarded those funds, but at this point, I guess we We have not been awarded anything. But. We’re still, I guess in the process. OK. I appreciate that and the other question I have is, um, on the south side of century, uh, with the pedestrian walkway and things, um, going back to last year

01:10:27,530	with all of the snow. It’s mostly commercial on that North side and the site triangles and seeing, um Everything above that, would it make sense to only have the sidewalk on the commercial side and Not have the sidewalk on the South side because there’s tree lines and fence rows long areas would

01:10:49,600	that be better used for, say, a winter like we had last year to where we could leave that for snow, because those are long spaces. You don’t have individual residents to take care of that. There’s one property owner, That’s A, Lot of onus, Um On.

01:11:12,000	One particular owner, um, just kind of a double advantage there to where they commercial space could use that snow. Um, so there’s a little better visibility coming out of some of those higher traffic areas like the grocery store. Mayor Comm. Comm. Connolly. I guess I’ll surely. Alternative here. I guess I’ll do the trick.

01:11:31,530	Um You’re you’re referring to the sidewalk proposed on the south side of the road and whether or not that’s I guess a necessary component, I Guess is what I down to and also a in every part of town. If you got a sidewalk? You’re supposed to clear it during snow events.

01:11:52,030	Um, since there’s that buffer between the, uh, trailer park and everything, Why not leave that section where snow even from the North side could be moved to that south side since you’d have a a greater area of room to put that snow. Mayor Comm. Comm. Conly gen generally speaking that if if the sidewalk was removed, it would provide more, You know room for snow storage on the South side.

01:12:09,300	Granted, it’s still going to be plowed from the the center out, so you’re only still capturing half of of of the potential roadway. Um, area we have talked about the concept of pedestrian connectivity in this this corridor. Um I would be of the opinion that this this connection on an arterial road.

01:12:27,600	Um, of all the places that we do want to have that pedestrian connectivity. It is on these sorts of roles that you can walk on the road without having to cross. Um, the roadway multiple times, potentially just for you to go East West. Our our goal would be to just let you walk East West.

01:12:41,700	Then instead of have you cross the North South road multiple times and and probably not as concerned today with the traffic volumes that are on Century Avenue, But, obviously, as we keep extending Century Avenue to the east to whatever unknown uses are there Whether. They’re high pedestrian generators or or low pedestrian generators. Uh, they’ll still be generating traffic.

01:13:00,270	So even just the local traffic pedestrian traffic trying to cross the road. Get to school. Things of that nature are my goal would be to try to provide those, um, facilities for those users to use. Uh and it does come with a drawback of during the winter time. There’s an additional operations cost to maintain that sidewalk in this situation.

01:13:19,430	It is a manufactured home park so and they are currently man managing the You know. Uh uh, snow removal for the period that they have, Um and this would, but this would increase their their responsibility with the construction of a sidewalk on that South Boulevard. I. Guess when I think about it. I don’t see Foresee.

01:13:45,130	I used to live in a trailer park, too. Um When. I was a kid. We didn’t go long ways to where it was zigzagging because when we went across the street and used the other side, that was where all the services are with it being primarily commercial like the grocery store and all those areas If. I’m going from that.

01:14:03,270	I’m not gonna walk down the long stretch. I’m gonna go straight across to where I have more access to all of those services. Yeah and and mayor Comm.. Comm. Connolly.

01:14:19,200	I think the concept we’d want to promote is to only cross that location at a at a one location, two locations potentially and not have every access point coming from the manufactured home Park also be a pedestrian crossing with really no other option for that pedestrian to use. That’s in those situations.

01:14:35,930	Those are the areas where we’ve come back and retrofit sidewalks in because they are trying to walk East West, potentially, um and then we after the fact try to try to shoehorn in some sort of improvement, But to your point, I. I can’t pre Exactly where every pedestrian is gonna walk out there, but we try to provide as many facilities as we can to as many of the users as we can. Uh And Sometimes.

01:14:50,230	That does mean that there’s a a conflict with with snow potential storage. But short of that, Um, I. Guess. I’d rather have the the nine months of potential use for that pedestrian to use that, um, even if it comes with the consequence of maybe three months of additional snow storage, but depending on the winter, it might be six months or depending on the winter.

01:15:05,200	It might be no extra, uh, impact or maintenance responsibility. Thank you. Are there other questions? There’s zinker Comm. Zinker. No, I’m. All, Right Easy, Good Lord. Um I’ll make a motion to approve. Uh, alternative D. With, Uh, gabe to take a look at, uh, different funding source other than the half cent sales tax for the 52nd.

01:15:35,670	Street Northeast extension and to continue to work with, uh Bismarck parks on the, uh, option for the shared use path from Sunrise Park. Second Do. We have further discussion. Unwell Call a roll. Mr marquardt? Yes. Comm. zinker. Yes, Mr. Yes, Comm. Cleary? Yes. Mayor Schmidt. Yes. Excuse me. Thank you.

01:16:10,370	Next item is public hearing on a request for a new class. I, too complimentary alcohol license for Calm Garden center doing business as plant perfect up on the Ottawa Street. This is a public hearing Anyone who wishes to speak to this item, please come forward. Second call for public comment. Third and final call for public comment.

01:16:41,300	Heron see no public comment Move to approve. Any discussion. Hearing no will call all Comm. Zinker. Yes. Mr connelly. Yes Comm.. Cleary. Yes, Mr marquardt. Yes, yes. Next item public hearing or on a request for a new class I two complimentary alcohol license for Lee Beauty LLC doing business as Lux nails. Yeah. And.

01:17:09,030	This is public hearing anyone who wish to speak, Please come forward. Second call for public comment. Third and final call for public comment. Here in C. No public comment. Public comment period is not closed. Commissioners move to prove as presented Any discussion. Hearing no will call roll. Mr Connolly. Yes Comm. Cleary? Yes, Mr Marquardt Comm.? Yes. Next item.

01:17:48,130	P public hearing on ordinance 6573 to amend the zoning district from our 10 residential to a planned unit development for McKinsey and Kaufman’s second edition. Thank you, mayor. And. You know what? I’m Just gonna go off script A Little bit here, uh, to to talk about a fun fact but a distinguished fact that I forgot to mention when Comm.

01:18:08,930	Marco called me up for the For. The, Uh, item on the the, uh, agenda for our contract for the zoning subdivision Regulation R, Right. So this June will be 100 years of zoning in the city of Bismarck. So. That’s that’s pretty important to ourselves. But also, we’re in an early adopter nationwide.

01:18:29,700	Actually, if you can believe it. New York City adopted their first zoning ordinance in 1916, and, uh, we weren’t far behind in 1924 or so Bismarck is continuing to lead the way and in that and other So.

01:18:45,470	There was an email to for them to get to complain about how stuff is zoned in either. But. That is a nice one fact. Thank you. The times were simpler back then. Yes, yes. Pony Express. So may and members of the commission, uh, as the mayor indicated Remedy housing solutions LLC as well as corey Lauer and Kella.

01:19:10,400	Wiseman, uh, are requesting a minor subdivision final plan out for McKinsey and Coffin second edition. Uh, in a, uh in association with the zoning map amendment. For. The, uh, from the R 10 residential zoning district to a planned unit development or PUD on lots two and three of block one. Mackenzie and Kaufman Second Edition, uh, as identified in ordinance, 6573 in your packets.

01:19:35,970	Uh, the project is located in, uh, central Bismarck on the northwest corner of the intersection of East Avenue D in North 12th Street. Uh, project area for the rezoning. Uh, for the Zone Map amendment encompasses about 8100 Square feet.

01:20:02,570	Uh, the minor subdivision is comprised of approximately a total of 27,443 square feet and would, uh include three lots in one block future land use with the proposal is identified as urban neighborhood in the existing zoning is our 10. There. The request that action would allow for the construction of four attached units with two attached units on the main floor, Uh, floors and two smaller residential units on the lower floors.

01:20:21,730	Uh, the Planning and Zoning Commission did consider a request on February 28th of this year, Um, at one public comment was received prior to the Planning and Zoning Commission meeting in one person did speak at the public hearing with the concerns that generally included, uh, how the Units would be occupied.

01:20:45,270	Would they be owner occupied or renter occupied as well as any potential impacts to parking or traffic in the neighborhood. Uh, the comments were addressed by the applicant who indicated the intent is to rent the units to young professionals in the community, and that’s sufficient parking would be provided off street. Uh, on this site for for all the units.

01:21:04,630	Um Based on the findings contained in the staff report, the Planning and Zoning Commission did unanimously recommend approval of the minor subdivision Final Plat for McKinsey and Coffins. Second edition. Along with the zoning map amendment from art from the R 10. Residential district to the PUD, or planned unit development and allow its two and three block one of McKinsey and coffins.

01:21:26,970	Second Edition, uh noted in ordinance, 6573. Uh, mayor and members of the commission. I do have one recommendation that that we found just recently. That will differ from the ordinance, uh, slightly in your pockets and I’ll. I’ll bring up the overhead here to to discuss that. Thank you, jackson. He’s he’s really on the ball.

01:21:55,270	He’s He’s great to work with here. Um, so, uh, it it’s it’s the item highlighted it, it would be on page two of your ordinance, but it’s basically a reference to our existing zoning and subdivision regulations.

01:22:19,800	So the the existing Ordinance Reference suggests that or states that the the front yard setback should be consistent with 14-04 Dash 062 E. Actually. We would recommend that this be Uh, reference to 14-4 Dash 067. This would allow the applicant to do what we believe their intent is to allow, uh, the setbacks to, uh fall more in line with with, uh, adjacent properties we do allow for older subdivisions. Those setbacks.

01:22:45,930	We call them reference lots and so it’s it, it would allow them to do that, like we we have spoken to the applicant. They were agreeable and and open to this concept. So. If. You. Do, Consider Approving, Uh, this this, uh PUD.

01:23:04,600	We would consider it with the with the change we we would request that you consider it with the change noted. Push your anchor FI, a mayor Comm. has been So. I noticed that sudden that’s four B. Correct that you’re referencing that change. So. My writing, There might be a little bit different, difficult to read.

01:23:27,730	It’s 1404 06 da but seven in the ordinance, it’s It’s four B, right, OK because I see it. I see that same reference in a and C. You you You are correct, and and we did look at the side yards. Thank you for bringing that up? We did look at the I’ll. Just leave this up here so you can see the rest of it.

01:23:44,800	In in the ordinance, the only one we’re recommending is four B four. C and D and even E. The. The changes are the The requirements are exactly the same. So. There’s. There’s no need to to make the change in those as well, Thank you for bringing that up. Of. Those five, only only B is reference to be changed up.

01:24:02,200	That’s correct A CD and E are all correct. OK. All, Right. Thank you, sir. Oh, I’d be happy to answer your questions that you might have. On the construction of the four unit.

01:24:24,130	How tall is it? Um, you know, I might the the applicant is here they might be able to provide you more details on the what they’re anticipating for for the structure itself, Um Would that be OK? Landon If. I punted that question to you OK? Are there any other questions that I can try to answer? OK? They spent. This is public hearings to anyone who wishes to speak regarding this.

01:24:50,470	Please come forward state your name and sign in Thank you, mayor, mayor and Commissioners line. Nanaimo Swensen Hagen Engineering representing Remedy solutions. Um, yeah, just to add a little bit to to what? Ben, uh, had presented, Um, we talk about infield projects in front of the board Quite often you guys have heard that word a million times. What.

01:25:05,300	Does that really mean this project in particular is is maybe one of the most textbook examples of what we have. Here We have a There was an existing structure that burned down to kind of this dilapidated area right now, where there’s a couple of garages that are in the process of being demolished as well.

01:25:20,730	So we have existing Weren’t really utilized that well with that existing home. It wasn’t really placed on their in an ideal spot. Um, we have existing water and sewer streets. Gas electric thing. Everything is right there. So. This gives us an opportunity to to infill with a with a project that can, uh maybe increase the, uh, the value of the area a little bit.

01:25:35,730	Um the intent here is to to place what is effectively a twin home by all appearances, even though it’s a four pex unit. It will from all appearances look like a twin home, so it’ll be two lots. One structure. Four units, um, in reference to Comm.

01:25:51,800	Connelly’s question, it would look like it to enormous. It’s just a two story home that by all appearances it would look like, um, within your packet. There should be some some elevations to to reference what you’d be looking at there. But. If you’re driving by this in the street. You look at this.

01:26:04,570	You’re gonna see Oh, that’s a twin home there even though we would be For residences to be in there. Yeah. I guess the reason why I ask my question when I, go look at things and that I was shared a reference to 40 Ft and 40 ft substantially higher than a lot of the homes around it where we just hadn’t ordinance to where

01:26:22,670	we talked about 25 ft versus 20 FT 25 would be a little bit more consistent, even though there’s not a lot of consistency based on the old but 40 ft gets it to where you’re looking in the backyards and those type of things and I remember from watching meetings of the past when the project

01:26:38,200	say north of the post office. Some of those conversations came up as well. This is a well established neighborhood with residential so that height difference is a concern with some folks. Yeah. Thank you Comm. Connolly. You’re absolutely right. This would this would not approach 40 ft.

01:26:53,930	This would be in the standards die of of order. Two story home would look like where you’re looking at that 2025 ft height. OK, I. Appreciate that. Thank you. Any other questions for Landon. Look like it right now. Thank you again? This is public hearing anyone who wishes to speak, Please come forward. Second call for public comment.

01:27:21,500	Third and final call for public comment. And see no further public comment. No Public comment period is not closed. Commissioners move to approve with the designation that Ben had referenced on four B. So I could Is there any discussion? Here on call role. Comm. cleary. Yes, Mr. Marco? Yes. Yes, Mr connelly. Yes, yes.

01:27:58,270	Next item is an appeal from the February 28th 2024 decision of planning and zoning to deny zoning change from a agricultural to conditional MA industrial zone. For Lot one, Block two in the Capitol Electric Second subdivision, then Yes thank you. For that description mayor members of the Commission.

01:28:19,600	Uh, I’ll provide AAA brief summary, as I typically do with all these projects and then, uh, Kind of give you some guidance. Uh, a as to what? What? Uh, decision sort of faces you tonight, And, then, uh, this is titled a hearing. It is an appeal hearing. But really? It’s not a public hearing.

01:28:39,330	The, only individuals that are able to speak by ordinance or, you know, staff and and essentially the applicant or own and or owner or representative of of each so, but, uh, briefly. I’ll provide a description here. The. The property is is located in Northwest or is located northwest of Mark north of 57th Avenue Northwest.

01:29:00,600	In west of North Washington Street in the northwest quadrant of the intersection of Sonora Way in North Dakota Highway 1804. Uh, the project area. Is comprised of 7.04 acres within one lot in one block. Uh, the future land use associated with this proposal is identified as industrial Flex. And. Existing zoning is a the A agricultural zoning designation.

01:29:27,070	Uh, the requested action would amend the zoning for development of the property to include a self storage facility. Uh, the planning and zoning Commission, uh, did consider this request on February 28th 2024 at the public hearing. Uh, representative of the owner and applicant spoke in favor of the application and two members of the public during the public hearing, Uh, did speak with concerns in.

01:29:53,000	In addition, one written comment was provided in advance of the proposal. Um, I believe you should have copies of the draft minutes as well as any written documentation or written public. Comment that was submitted. The concerns generally of all revolved around the the potential for increased crime associated with the proposed use incompatibility with the current neighbor, neighborhood character.

01:30:15,400	And it and potentially in an additional distraction for the traveling public, who may be experiencing the Lewis and clark Trail along North Dakota Highway 1804. Now at the conclusion of the public hearing, the planning and zoning Commission, uh and with consideration of the findings contained in the staff report voted 5 to 3 to deny the request as they did not concur

01:30:38,400	with the staff, Uh, finding, particularly or specifically that the proposed amendment is not compatible with adjacent land uses and zoning, uh, that is, uh, so tonight Really the decision of the the City Commission that faces you is is To reverse the decision to deny This request or whether to uphold or basically concur with

01:31:05,070	the denial of the the Planning and Zoning Commission. So there is process uh, I if you choose to reverse, so it’s it’s not specifically acting on whether to approve this project or not.

01:31:24,930	It’s acting on basically the decision that the the Planning and Zoning commission has made so if you choose to reverse the decision of the Planning and Zoning commission to deny This request. Uh, basically, a new public hearing would be set at the at the City Commission generally, if that’s the course of action, you would be proposing to go to reverse the planning and zoning commission denial.

01:31:48,970	I would probably recommend putting this on the the next, Uh, City Commission meeting for consideration and then the the second meeting in in, uh uh, April. I guess it would be would To host the actual public hearing there would be notifications public notifications that we would be required with any public hearing, so that would be advertisements in the paper notifications to adjoining property owners within 1400 ft,

01:32:10,330	or roughly a quarter mile. Um, and it would be at that time that you’d be deciding on this project. Um, if you choose to uphold the denial if you agree with the denial, uh, basically from a city process, the the process ends. Tonight with with that decision.

01:32:30,570	I’d be happy to stand for any questions that you may have. And. I do know the applicant is is here as well and a representative of the owner, mark Mayor, Commissioners be so This industrial Flex. Is that a new zone that we’ve had. Yeah Thank you for that question, Comm. Marquardt, so the the Industrial Flex is actually referencing.

01:32:54,530	Uh uh, our future land Use map. Um so In addition to the zoning designations. So, the the The. The. Graphic on the Left would be, uh, sort of representative of the future land uses that are defined through throughout. Not only Bismarck but also large portions of the extraterritorial area. And. It’s.

01:33:14,200	It’s a bit of I’ll say it’s a bit of a unique and new concept from a future land use perspective and that it’s it’s Pretty focused on these types of facilities, more self storage, warehousing you. I.

01:33:40,000	Think you’ve probably all heard the term shop condo, so they’re we’ve noticed there’s significant demand for these types of storage and use facilities and it it doesn’t fit really greatly in commercial areas and from an industrial standpoint, uh, Y, you know it can take up valuable land for for heavier, maybe more productive uses of of Industri. Land.

01:34:02,070	And so we we, We’ve sort of created a a new future land use category that that this type of use would be allowed in from a zoning perspective. So. Will this be addressed further in the discussion that we had earlier tonight as far as the land use and section 14 or title 14. The future land use won’t necessarily be that was, uh, the adoption part. So when we develop the the long range The comprehensive plan for the community.

01:34:33,800	We essentially developed a a map that had different, uh, future land uses associated with that That can always be revisited. If there’s there’s a belief that those future land use areas should change and part of the reason for doing the future land use, and I’ll say Bismarck is not Unique in having future land use designations.

01:34:54,330	Most communities our size would have future land use designations, but it helps staff when, um I’ll say, Uh, proposals come in the first thing, uh, that staff planners are looking at if they’re asking, especially for a rezoning is OK is this Is this consistent with How how we’ve identified or planned the future land use in this area.

01:35:18,670	And so it that decision is not having to be made with every new proposal that comes in and evaluating the suitability for the area for that particular zoning designation, So to answer your question the future land use piece.

01:35:38,630	Um, that’s something we can re evaluate and adjust a at any point, And in fact, we have a application process to do that, or we can do staff initiated changes to the future land use plan. Uh, what? What? What undoubtedly will be That, uh, related to self storage.

01:36:04,600	Uh, facility uses with the the Code Rewrite is the concept of, uh um, shop condos because they don’t fit super nicely into into a lot of a lot of different categories. And, So there’s there’s a number. I’ll say there’s a number of different uses that are evolving out of the the shop condos. And, So.

01:36:22,330	I think there’s that That will definitely be the The zoning piece of that will definitely be looked at in the 14 rewrite so Yeah, I saw you a couple questions so as far as industrial flex in what what can be allowed in industrial flexing because that’s one of the other things that when we talk zoning as far as what can be allowed in those, so do you have, uh Yep.

01:36:37,900	So I’ve I’ve actually got a print out here that I’ll maybe put on the screen, so everybody and while you’re doing that is the Pink area that’s on their map up here now. Is that supposed to be all the Indus Industrial flux flex area.

01:37:04,330	See Or just so this this purple area Yep the Purple area is is the industrial flex area that we’ve been talking about? The hatched area is the where the project is taking place. So yeah, the the the Purple ish. Area, depending on how you’re seeing it on the screen where I’m Hovering. The laser pointer would be the industrial Flex area. Yes. Just a second.

01:37:47,230	OK? So this is an excerpt directly out of our, um Together 2045 plan that talks about what are the the And, uh, anticipated uses that would occur in this type of land use category and you can see it. It talks about some of the uses.

01:38:09,270	We’ve been talking about shop condos or self storage facilities, Shipping fulfillment centers, repair centers, offices and customer feet and and potentially customer facing, uh, I industries would be the the type of uses. We would we would expect to see in this area so You might think of it as a really light industrial type of of of use. So. You said.

01:38:30,870	Shipment facility areas So, Don’t We have a Isn’t that what Midwest Motor Express area is kinda or was that light industrial or is that Um I can’t recall. So Midwest Motor Express. Uh, I can’t recall if that was a PUD or if that’s MA off the off the top of my head, but that could potentially fall into this category.

01:38:50,000	Well, what? I’m You know what you’re showing on here is quite a large for, you know, facility that. Yeah. I could see why. There would be some And. We will wait until the applicant comes up and and shows what he’s got. But You know if we’re just kind of carving out an area you know the whole pink not just this particular area as far as being Commercial over there.

01:39:10,330	I think we have our commercial corridors all already to a certain extent, unless we’re going to add more commercial or industrial Areas to the Um, West farther, I guess. OK was there a question there? Uh, not necessarily. No, I’m just I just want to walk it through my head here, OK, Got you.

01:39:35,400	And if you do come up with an answer, let me know. Thanks, Ben. Yeah, you bet. Comm. Clery ben just to clarify when Comm. mark is talking about, you know, the pink area that sort of thing that’s all future land.

01:40:00,630	Use everything that’s north of 1804 right now is is zoned agricultural and then You have rural residential in that south side, So really If we’re making this zoning change. It’s more to adjust to future land use, not necessarily Current land use of what’s around it. Yeah.

01:40:20,800	So the the image that’s back up on the screen, so the the zoning is on the right hand side that what what’s existing there for zoning? The left hand side is the future land use so the maybe another way to think about it is future land use kind of identifies for the broad brush strokes of Many different uses that that that that could occur in an area The zoning is is actually the the the the legal regulatory piece that, um, the typically we

01:40:41,700	would we would want to see the zoning be consistent with a future land use designation, so industrial flex might have a number of different zoning designations that could be appropriate for it. Um, it just so happens that this one’s, uh, in industrial zoning designation. That’s being applied for but I think to answer your question.

01:41:03,530	Yes the areas immediately surrounding this area are currently zoned agricultural. There’s. I should say there’s rural residential to the south immediately across highway 1804, but to the West, I suppose it’s maybe a third or a quarter of a mile where there’s another rural residential subdivision. I think to the East.

01:41:23,800	It’s probably closer to a half a mile where there exists. Another rural residential subdivision and sort of in this area and I I. It’s. It’s currently zoned all agricultural. Sure. I. Guess.

01:41:49,470	My more so ask, because obviously you hear That the concept of wanting trying to avoid spot zoning and This would not necessarily apply to that because the intention is as that area gets developed more Similar thing like like it’s not just that area. That’s Yes. Thank you for that question like it’s not like we’re purposely gonna leave it surrounded by agricultural because the rest of that stuff will potentially rezone as projects develop.

01:42:09,730	Thank you for that question, and you did a better job answering that than I did so? Yes Thank you similar to Gersh marker just walking it around in my head. So, um, trying to make sure I understand. Thank you, though. Mr Zinker. Mayor Comm. has been so in our packet on the on the next slide, I. I don’t know if you have that, but you have conditional MA.

01:42:31,030	So what? Um, instead of an MA is here as industrial. So. What. Conditional aspects are Are you considering here or have been considered Yeah, So. That’s. That’s an important question.

01:43:00,070	Thank you for that, so the the conditional piece of it allows sort of limitation of what specific uses would be allowed in in this area, so walking through sort of the first page of that ordinance, you can see the uses permitted are are pretty much to this at least this site or limited to the industrial group A, which in this case would only allow for the the storage buildings or warehouse or rental or co cold storage units.

01:43:20,130	So the the use, which is essentially the use they’re proposing, but that’s what they would be limited to, and that’s that’s it. Just those that items that’s correct. And. Then. I.

01:43:39,400	See You have Utility service group is that because of the Um, Western area power to the north of that, Yes and and and thank you for that clarification as well. But yes, there There is a substation immediately to the lot to the north, Um and the utility servicing group is is seen as being allowed in basically any zoning designation just because the need to provide that service to the public so Thank you. Mhm. Any other questions for ben. The representatives.

01:44:22,370	Thank you, Mr mayor? Commissioners. Thanks Ben For that overview. I think you stole a lot of my thunder there. Uh, my name is Jacob Barney. I am with five star storage. Um I just wanna highlight a few additional things, um, that were included in your packets as part of the staff report. If.

01:44:42,500	You look through there, you know. When. We’re planning for these projects, and the city is planning for these projects. Um We’ve got the the future land use, planning or the together 2045 booklet that you guys have put together.

01:45:04,800	There’s also, you know a number of checklist items in that, um, review packet the staff goes through and if you look at that Every single one of those items in there is marked. Yes. As in we meet those conditions. Um, we meet the Comprehensive plan or the the future land use planning. We meet all the ordinances, all the state local laws.

01:45:21,770	Um, everything on there is a yes In addition to that, you know, there’s a note towards the end of that and their conclusion that states the proposed zoning is no negative impact on surrounding properties. I think that’s a big one.

01:45:39,170	You know one of the things that’s on the North Side and one of the reasons that this my understanding that this has been designated industrial flex is because there’s a big substation there and we need Thing to screen from there. Um, that’s not gonna be a high use. Property. It’s not gonna be commercial. It’s not gonna be residential. Um, and that’s one of the reasons that an industrial flex was chosen for this area. You know, Probably.

01:45:58,870	Most importantly, is that together 2045 plan that has been Implemented by the city planning and zoning. You know numerous consultants. You know, I know you guys have gone through that quite a few times. And. This area was targeted not only because of that substation, but We’ve heard residents. Um you know other community members that want self storage.

01:46:20,230	Closer national trends you know, back in the nineties when stealth storge came up, it was shove it in the back of a industrial park. Nobody wants to see it. Um, that is not the case anymore. Nationally people want them to blend into the community. They want them close to their homes.

01:46:35,300	They want to jump on their golf cart cruise down, grab something. Grab their lawn mower. Go mow. Go put it back, you know. Oh, we’re trying to get them closer to users and make them blend in.

01:46:56,100	You know part of the conditional, um, portion of that that Ben didn’t mention is, um, some aesthetic stuff that the city is requiring You know, uh, brick stone, different wings coating different materials to make it blend in, um, pretty substantial buffer yards on the highway side and on the opposite sides where there’s different zoning, so we’ll have a lot of, you know a lot of shrubbery and trees. Um If. You look at any of our newer developments.

01:47:11,500	We aren’t You know it’s not gonna look like a U haul. You’re not gonna have bright orange doors or tan buildings, evergreen doors. Our goal is to blend in, um, because we wanna be close to those users. Um You know. And. Ben already highlighted this with the industrial Flex, one of the main uses is self storage.

01:47:31,400	Um, we aren’t looking to do shop condos. This will be your traditional, um, self storage, Cold storage building And, then probably a, um, climate controlled single story building Nothing. Two story or anything of that nature. Um so What? We are seeing everything that we are doing.

01:47:51,470	Aligns with all the work that you guys have done up to this point with all your future land use, use planning the ordinances. Um, that staff has put in place. You know we’ve been in line with all of that up to this point. Out of all of the concerns the few concerns I guess that we heard, Um, last month. Traffic was a big one.

01:48:13,270	And luckily for industrial flex and self storage, specifically, um Traffic impacts are gonna be the lowest at a storage facility compared to some of the other uses that would be allowed. You know whether it’s a a lumber yard or something of that nature that would be allowed, Um You know I don’t I don’t have any stats in front of me. But.

01:48:28,330	I can tell you that of any of those. We are gonna be bottom 10%. Um Crime is also another one. And that has been a huge Change in trend. Putting these closer to communities when you put them in the back of industrial parks, nobody there. It’s not seen. That crime was always a big problem.

01:48:54,000	Now with gated facilities, security cameras and having them in areas where there is, um a lot of activity. It’s really not a big problem anymore. We see very, very little crime. Um, you know, visually, we kind of touched on that a little bit with what the ordinance is requiring of us already. Um So. In my opinion. I.

01:49:14,130	Guess we have checked all of these boxes that are set up by the city by planning by staff. To move forward on this. It’s part of the plan. You know we’ve been a part of this community for quite a while now. And.

01:49:30,900	We’re trying to find ways to grow with you, Um And this looks like a great opportunity, and we know that there’s demand in this area. So We really? We’re asking you to reconsider this. Um Mr martin has a few more comments. I’ll be happy to stand for questions when he’s Finished. Good Evening, Mr mayor, Commissioners. My name’s Bob martin. I’m, an attorney from Minot. And. I represent the word farms family.

01:50:06,930	Uh, The, owners of the property under consideration. We spent quite a bit of time over the last two years. Working with your P and Z staff. Uh, With the 2045 plan. We had a number of meetings.

01:50:31,800	There were public comment periods and this industrial flex had been a part of that discussion from almost the beginning for the last two years. And yet now when we’re at the point of culmination as it were, the cup is dashed from our lips. Uh, It’s a little frustrating. But one of the things that you should probably also think about when you’re deciding whether or not to reverse The, Uh PNZ Commission on this particular matter.

01:51:00,000	Is that there’s a concept in political science. I’m. I’m, an N DS U grad from Way back. Called, the Hawthorne effect, which means basically the law of unintended consequences. And. This isn’t a matter of a of a spot zoning. This was all considered.

01:51:21,730	By my clients as a part of an overarching development plan for word farms, which is approximately four sections of property. South of 1804. Starting with Section seven going over to section 12 all of section 11 that up to misty waters and then South along River Road dissect most of section 13. I think they own three quarters of section 13 as well. This is where your city is gonna grow.

01:51:42,630	We’re starting right now. In Section seven. We’re trying to get a major subdivision annexed to the city of Bismarck. 56 acres 118 lots According to our engineers, $10 million of infrastructure. That infrastructure is going to be signed over gratis to the city. As.

01:52:02,500	You’re well aware they’ll be connection fees for each of those lots of approximately $5000. But this project that you’re looking at now. Was part of our initial plan to help finance all this. Approximately $1.2 million worth. And that is a little over 10% of the actual infrastructure. And. My. I can’t in good conscience suggest that my clients sink all the liquidity into this If.

01:52:29,000	We’re not gonna be able to try to supplement the sources of that development to other small sales. And this is actually I was with respect to Section five, which is where this property is located. Um, I guess the best way to describe it. It’s sort of like our attic and our plan.

01:52:46,770	This is what we’re going to put all this stuff that we’re not really going to use. There’s already a large power substation there. I wouldn’t want to buy a house by a substation. I mean everyone heard about the evils of electromagnetic radiation and all that good stuff.

01:53:02,530	So I wouldn’t want to live there, and I don’t think anybody else would want to buy a lot. Buy a substation, So we started looking at other uses for that section. And industrial flux makes a lot of sense for our overall plan. There’s also a, uh Verizon cell tower in the extreme southeast corner of Section, seven just off of 1804. So Once again.

01:53:22,930	I think this comparable in nature to these types of projects that we’re looking at for that area? But. We have no intention of developing homes in that area. And given the fact that we have for the sections of property to work with maybe my great great great great great great grandchildren will come back and then seek some type of

01:53:38,770	variance to allow you to build houses there, but we’re not building houses that we’re not building commercial properties there. Its industrial flex. Thank you any questions for me? No, no. So. Is there any other? Person representing Measures. Do. You have questions for anyone. Mr Z. Maybe mayor. I got one for you.

01:54:17,000	Since you’re on the P and Z is what was the conversation like to To deny this cause I’m struggling to find the reason as to why It was it was denied. So. The conversation was around the Location and the Um Ending potential residential development. Obviously. It’s not zoned that way. Now. It’s all zoned agricultural Plus.

01:54:49,470	Concerns over whether or not we’re moving into putting storage facilities outside of other areas where storage facilities had been And. There was some concern that you know, right across the river. There’s a moratorium on storage facilities right now and whether we were Going down that Needed to be concerned about that particular path.

01:55:08,830	That was the conversation. Me Comm.. So I. Guess. That’s kind of where I’m mad too. I mean if this is Because, uh, planning and zoning. Did you guys talk about that It was zoned light. Um Or flex industrial flex at all. I mean, if that’s what It’s it’s zoned out.

01:55:40,270	I mean this kind of fits into where, if if that’s what it zoned at. It’s not zoned that now. It’s agricultural Now that’s future land. So. We’d be creating a Industrial flex area, then Wish mayor commissioners So, but I think we’ve I mean we’ve had those types of discussions here before with, you know, that’s broad stroke.

01:56:10,600	It’s ha is, can I put a home here type thing, But. It’s It’s The The Paintbrush was a little too wide and it was conservation land type thing. I mean we’ve had those types of discussions before. Um I. Um and it sounds like this is a small piece of a jigsaw puzzle. That is that is much bigger.

01:56:34,670	Um were were you presented at that meeting the the overall scope of all the sections of land that that gentleman spoke about? And I’m not trying to put you on the spot, either, sir. You look at the record. But. Those were the those were the concerns that were expressed and obviously was not a Unanimous vote. Comm. Connolly.

01:57:12,000	I actually watched the planning and zoning meeting. Before and Those plans weren’t shared. I also went back and watched the ones from a couple of years ago.

01:57:36,070	And I do know that a former person on this board, um when I asked him about it, Um, said that these types of facilities shouldn’t be built in the previous proposal, but did share that they should be built along substations. I don’t know if that played a part in this or not, but it’s coincidental. Um And. All of that. I do, um There’s only a few places.

01:58:02,970	Um, where there’s some historical significance, so to speak with the uh Lewis and clark clark trail being along that way, That’s where a lot of people if you go out to double ditch in those areas, that’s where you can see the northern lights. That’s. It’s A, um, asset to the community in that regard, uh, plus the historical features. Um And then Also when we’re trying to tackle the, um sprawl of the community.

01:58:25,230	Um there’s a lot of people that have talked that they don’t want the community going beyond 71st Street. Um And if you put a storage facility in an area such as this that’s going to encourage, uh The sprawl to continue and That sprawl increases the tax expectations on the entire community.

01:58:54,470	I mean that’s what’s a lot of communities all over the country. How does new development impact the cost of everybody involved. So in that regard. I I would I’m not I would move to uphold. The planning and zoning decision. Is I just see a lot of future costs that go along with the project in this location.

01:59:45,730	Is there a second? I second I’ll second for discussion. I do have a question of the of the um developer. Hear you. Where that guy that’ll work. OK So more technical question, not a legal question. Let’s go with that. So. Um, obviously this is in the ETA. Right. Are. You Gonna have fire protection for this.

02:00:08,300	It’ll depend on what the final layout of the buildings are and square footage. Got you, um so you could break it up to not to meet those? Yes. So typically on these single story buildings, Um we’ll use firewalls if we’re over that 12,000 square foot area. Um, you know, I know there was a mention of a previous application.

02:00:24,130	That was for a little ways down the road a couple of years ago. That was a PUD that specific building. Um they were gonna use fire tanks and pumps. We would shrink it so that we didn’t need to do that. You need to do that. OK, all right. So.

02:00:38,100	Then, you wouldn’t have any water or sewer to it at all? No, we would, um, likely If if we needed it for ourselves if we were going to use a restroom or anything in there, we would, um Stub everything out because there’s been some discussions of when the city infrastructure gets to that point, we would be annexed.

02:00:54,070	We’d need to connect so we’d have that stuff stubbed out and ready if we ever needed to do it. I have that portfolio and that that comment makes me nervous. I’m not gonna lie to you. Um, I think we’re quite a ways away from you? It is a long ways away. That’s fine with us.

02:01:10,600	It’s just if for some reason we needed to have those services, we wanted to make sure that we would be set up. And. I have to remove any infrastructure in a residential setting like that you can always put you could tie a rule of water and have a septic tank.

02:01:23,330	I mean there are options And at this point, I if we had any, um, use for water and sewer. It would just be a restroom. Got you OK? Thank you mayor and commissioners before you go so as far as lighting I know it talks a little bit about that in there. But with that residential area. It’s still the South.

02:01:39,130	Um, is your lighting to be set, so it’s Yeah, somewhat not noticeable or or what are your thoughts? Uh, that’s a great question, so we don’t use pole lights. We’re not gonna have any, You know, high highlighting. That’s gonna, um You know, disperse to neighboring properties.

02:01:57,070	A lot of our lighting we use in our drive aisles or downloading and they’re on motion sensors. So. They’re they’re dimly lit until somebody drives in, and then they’ll light up a little bit more, But. Every time we develop one of these properties.

02:02:15,200	The electrical engineer has to put a lighting plan together to show that where we put all these lights, there won’t be light pollution outside the property lines. Yeah you could if you’re looking right down it. I guess you’d probably see a glow. Um, but they do that analysis. And that is part of the site plan Submittal when it goes through engineering and planning. Thank you. Mr Connolly. Um Another part.

02:02:37,770	I didn’t mention I do get that you’re trying to fit in with communities. I worked at the, uh, Baptist home, a couple of different senses and you have the facilities over there and, um Granted, they’re not a U haul because of the bright colors, But, Um, that is more closer to those industrial parks and things.

02:02:57,170	Um, if it was on the opposite side of Nebraska, it wouldn’t blend in, regardless of what you do. And, then the other thing that I wanted to mention. Are you familiar with the term abeyance? At all? Yes, as far as the zoning and the impacts. And In this case and correct me if I’m wrong, but If they build something like this, and it’s several years down the road.

02:03:19,730	I believe the bands terms still applies at a later annexation. There will be some tax implications. Is that correct? Y. Yeah. I, Uh, Gabe would be the expert, but yeah, Yeah, It depends What. I.

02:03:43,330	Guess the project is but yeah, it’s it’s there’s potential that that, uh they they they could be held in providing specials in in a band at at some point, and and we have talked to the applicant to actually about Willingness to annex into the community, and they have indicated they’re willing to provide, um, petitions to to annex in the community if necessary, so And to the to the first comment about the other properties.

02:04:06,830	Those are two properties that we purchased. We didn’t develop those. So those are gonna be a little bit different than what our typical standards would be. Um, those were those were properties that came for sale that we purchased. Do you have any in the area? That’s more in line with what you’re currently talking about? Not in Bismarck.

02:04:23,870	Fargo. We do. OK, Yeah. May I address Comm. Connolly’s concern about urban sprawl. Thank you? I appreciate that, sir. It was my understanding that the entire impetus behind the 2045 plan is the idea that Bismarck is going to grow by 1.2% each year for the next 25 years. Urban sprawl, I think is a misnomer.

02:04:48,530	We’re trying to direct the growth of the city starting in Section seven on the project that I mentioned earlier and we’re not trying to do urban sprawl We’re trying to build on to Bismarck.

02:05:06,070	I lived in Bismarck from 1991 to 2006, and I was always so impressed with how well everybody cared for their property here, even in the trailer courts, it seemed like everything was picked up and neat. I have a I’ve had a contrasting experience in May Not unfortunately but It’s not just Looking at this one. Seven acre project in isolation. Uh, as I said.

02:05:28,130	This is part of an overall plan that we have to actually direct the building of the city been in talks with a number of different people involved with the process. Uh, we’re in the process of negotiating a final agreement with Bismarck Parks and Rex with respect to a two acre park as part of the first phase of our development. Spoken three times with BPS.

02:05:47,130	They’re very interested in a new elementary school as part of this development so much so that we have tentatively agreed to move the next phase of the project North to pick up the elementary school rather going further south and to the West, where we have tentatively planned for a mixed commercial use area.

02:06:05,870	Hopefully a grocery store, it just seemed to make more sense to me to have more houses out there before we start trying to sell commercial property. So this is it’s not a matter of urban sprawl. It’s a matter of directed And.

02:06:21,570	I can tell you right now that there’s not going to be any housing developed in Section five in any time in the foreseeable future. I don’t know how many generations out only if the city population pressure is such as after the other four sections of property heading west towards the river. Have been fully developed that even be considered and considering the pace.

02:06:39,600	Things are moving, I’d I’d like to be able to see the the school go up before I die in 20 years, But. That’s basically where we’re at. Thank you? I appreciate your time. Other discussion. I guess I would.

02:07:08,870	Agree with the gentleman that was just speaking when we kind of are talking about things like spot zoning or urban sprawl like I think we need to be aware and depend on Our tools that are at hand in the future land use plan, I think is kind of the biggest one that like I personally lean on and look at, like the development of those areas is intentional so that we can avoid purposeless sprawl.

02:07:30,130	And I think the That’s kind of where I See a lot of that where it’s like it. It is one piece to like a bigger puzzle. Like Comm. Zinker said that I think is gonna take time to develop, but I think because of that overall plan.

02:07:52,600	I don’t see maybe some of the issues that we’re talked about at planning and zoning as Huge hurdles in as long as we can, Uh, Have some control over where I think the Flex gives you the ability to to limit and to kind of control the appearance like they’re doing and that sort of thing. So I guess. To his point. I can see where he’s coming from where it’s like.

02:08:10,270	It’s not Sprawl We’re trying to be intentional and trying to follow this plan, so Yeah. I don’t plan and Tony wasn’t concerned about this brawl. I mean we were not sure of the other concepts of The potential development that was not shared.

02:08:31,330	So, um I don’t know if that would have changed the vote or not, but that that is information that is new today to me. Creates a little bit bigger of a picture, I guess. Yeah. So do any other discussion? So. Can I get the motion restated. So. I can remember Will for sure. What we’re voting on is to deny correct. Or to uphold. I’m sorry, OK? We call role Mr marquardt. Yes. Comm. zinker No. Comm. connelly. Yes. Comm.

02:09:09,030	Cleary. No Mayor schmitz. No. So, then we’ll have a public hearing, then I do believe right. We would need a different motion. I’ll make a motion to overturn the, uh PNZ. Uh, decision and then, uh, follow the process that Ben had mentioned earlier with the call for the public hearing. Second Missouri discussion.

02:09:45,830	Hearing it will call roll. Comm.. Yes, Mr connelly. No. Mr cleary? Yes, Mr Marquardt? Yes. Mayor schmitz? Yes. So we’ll Notice of public hearing and then Or call for public hearing and then get it noticed. The next two successive commission means All, right. Thank you, everyone.

02:10:20,470	Um, Next item is consider request receive bids and award contract for street lighting and Traffic Signal project SV 73. OK? I could get the SharePoint screen up for a second here. Mayor and commissioners, Street Light and Traffic Signal Project 73 is the annual feed point replacement project. We opened bids on March 25th for this project. We have three bidders.

02:11:10,070	Uh, but all were above the CIA lot of amount. So therefore our recommendation is to award portions of this project. To Award units 127 and eight to Edling Electric. Uh, with a bid then for those units of $96,287.50 Take. Any questions that you may have on this project. Commissioners. Move to approve is presented. Second Any discussion.

02:11:51,000	Your nun will call roll. Mm. Mr Connolly. Yes Comm. cleary? Yes. Comm. Marquardt Comm.. Yes, yes. Next item is to consider Request to receive bids and award the contract for the street Signal project. SV 74. May and commissioners. This project is our 2024 Conductor replacement project funded through the street light and Traffic signal utility.

02:12:27,670	We had a bid opening on March 25th for this product as well and a three bidders with the low bid submitted by ending electric with a bit of honored $46,405. Our recommendation is to award to Edling Electric. Move to approve as presented. Any discussion. Hearing, Nunn will call roll Comm. cleary. Yes. Mr marquardt? Yes. Mr Zanker. Yes, Mr Connelly.

02:12:57,730	Yes, Mayor Schmitz? Yes. Next item is consider the approval of the revised city concrete. A two gap. Sidewalk project or con concrete bid. Mayor and commissioners. Ah, the project to construct the sidewalks was approved at March 12th meeting with direction to evaluate the proposed locations and to return to this board at this meeting here to discuss and have additional direction.

02:13:27,730	Comm. Zanker and I were able to meet, uh, about two weeks ago. Now, um to evaluate the addresses, and we recommend removing the vacant parcels with streets constructed, uh less than 15 years ago and vacant parcels were site development is realistic to occur in in the new in the near future.

02:13:46,600	Uh, to allow those sidewalks. Uh, the best opportunity they can to show up in a more organic way without the city coming in and and putting those in, uh, earlier than the time of development. Um, so there’s generally there could be exceptions to these time frames if there’s high pedestrian generators or something along those lines.

02:14:02,170	Um, but with that being said the list that I have in front of you are the attachments that were providing the agenda item improve included the proposed addresses and the proposed location. So this list now is about 3500. Feet of sidewalk as part of this project.

02:14:21,670	Uh, we also have included in this list the the areas of removed sidewalks. And that would be kind of scroll to the end of this thing here. Uh, about 2000 lineal feet of sidewalks removed from that list, uh, including some on developed areas in some in some of those commercial areas At the bottom, you’ll see the Turnpike Avenue in Morrison Avenue addresses might be over.

02:14:44,800	Obviously that 15 year time frame, but in all those situations there is, you know, potential development occurring on the adjacent parcels, and we’re hoping that it’ll just kind of show up more organically than coming in and putting a gap sidewalk.

02:15:02,470	So with that this would be the recommendation to use the pro Addresses than the 3500 or so lineal feet of sidewalk as part of this year’s Gap project. Wanna take any questions or direction that you have. Switch. Move to improve as presented. Second Missouri further discussion. And, then call Roll Commission. Mark. Yes, yes. Mr Cleary? Yes.

02:15:35,530	Mayor Smith? Yes? Next item is consider request receive bids and award contract for Public Works Roofing project. Steve Good evening, mayor, um commissioners. On Wednesday march 13th. We, um, had received bids to replace the roof on the public works, Uh, facility, um, down on 26th Street. We had approximately $3.1 million budgeted in 2023 for the replacement of the roof. And.

02:16:22,030	So last summer, we had taken a look at various different options of how we could possibly do that, Um, hopefully under budget. And one of the systems that we had looked at was a liquid Applied Master EMAs lyric membrane roofing system, So. It’s. It’s basically a liquid applied membrane.

02:16:46,170	And in in order to do that, Um The existing roof has to be in fairly decent condition, and so What we had done is we had done a moisture testing of the insulation under our current, um, rubber roofing to make sure that, um, we didn’t have any major leaks and that the insulation was wet and contaminated. And.

02:17:07,330	So what we found is that there was one little small area that had a little bit of moisture. And but the majority of the rough was was dry, which was a good thing, so that meant it was a can a candidate for this liquid membrane system. So. Um, what we did is we moved forward. We hire J, two studios architect to, um put together some plans.

02:17:29,200	And, um, kind of speck out this liquid membrane system for us. What happened is once we advertise the The project with this liquid membrane. We had a local contractor that reached out and said Hey, Um, we can do this. We can replace this roof with a new EPDM system.

02:17:52,300	For the same month amount of money or maybe even less. So. We thought, you know, Um Competition is good. And so we did an addendum to allow the replacement of the EPD M system as an equal to the liquid membrane. Um, So. Um, when we open the bids, we receive three bids. The first bid that we received, Um was Non compliant.

02:18:22,000	They didn’t have a bid bond attached to their bid so we didn’t open. Open up the bed. The other two bids. One was for a liquid membrane roofing and the other one was for a new EP TM system. Both beards were very competitive. Um And so Also is part of the project. We had included the replacement of the skylights.

02:18:45,530	And The skylights. We a couple of years ago, we had a hail storm that came through and did some damage to the skylights. Uh, we in Turned it into our insurance company.

02:19:10,130	Unfortunately since the age of the building is beyond 20 years, they depreciated the life of the skylights and, um They? They did give us some Um some damage for it. Unfortunately. It wasn’t enough to fully replace the skylights because they had, um, depreciated those So We really need to make a decision this evening on which options to to move forward with Basically what it comes down to is Are.

02:19:36,870	We going to award the skylights or not award the skylights. So if we choose to award the skylights as part of the project, and the low bidder was Tech to America with the liquid membrane roofing system for a total of 2,283,000. $948 If we choose not to award the skylights.

02:20:01,570	Then, the low bidder becomes twin City roofing with a new PDM. Um, roofing system. And. That bid was $1,368,490. So it it really becomes. Do. We Wanna Award the skylights which are damaged and we need to We should replace. Or Do. We just want to award the Roofing system. Which would be the system. And.

02:20:35,700	So, both of the, um the liquid membrane and the new PDM. Have comparable full 15 year warranties behind them. And, so they really are to comparable systems. Um The. Only thing is that I need to point out That in Twin city rings beard. They noted that the the completion date for the replacement Would be 2025 September of 2025, not 2024.

02:21:08,070	When. We did bid it that we had a completion of September 24th in the in the specs, and that’s what the liquid membrane roofing system. Is complying with twin city noted that theirs wouldn’t be done until September of 2025. Comm. zinker. Mayor Comm.. Steve was that, uh, extra year of completion due to materials. Do.

02:21:34,730	They note that they didn’t note the Why. OK, all right. And. Then. I do have an additional question. On the alternate for the skylight circulation. What was, uh, there’s a Pretty big. That’s where the big difference is. So. What were the what were what were the bid documents for that skylight circulation? Do. We know what That was I? I.

02:22:01,130	Don’t have that in front of me, Um But James with J. Two Studios is here. I’m sure he could probably answer that. I bet he’s fired up to come up and answer that question. Mayor and commissioners on James Devine with J two studio architect.

02:22:21,730	Essentially, what we did is we had some fans up there to circulate the air around for condensation, um, just to kind of pull some air out, so we didn’t have any issues with condensation like they currently have. Right, So the reason inside the building just to take care of Nothing external with the light itself or the skylight itself or anything like that. And.

02:22:40,000	We did vet both those bids and asked them both if they are comfortable with those numbers, and they’re good. Thank you, sir. Comm. Marco. Did You have a question. May Comm. steve So We need to replace the skylight. So don’t we Yes, they are, um we were looking at trying to rehabilitate them.

02:23:00,730	But after the Hail storm. They have a lot of spider cracks in them, So they’re not re we can’t re rehabilitate them anymore. They need to be replaced, OK? Thank you. Well, and it is. I mean it’s good to know, too, that that building is 20 years old already.

02:23:20,470	So the life of the roof is Pretty much lived its quote unquote usable life, so to speak. Well. If. Those skylights have got spider. I mean? They’re just they’re they’re gonna fail. Mm. So. I’ll make a motion to award the bid to tech to America, um to to take all alternates. Second Do we have discussion? I will call roll. Comm. zinker. Yes. Mr Connelly? Yes. Comm.

02:23:56,470	Cleary? Yes. Mister Marquardt. Yes, yes. Next item is consider the request from Comm. Connolly to discuss the initiation of the home rule Charter amendment to a Additional house and sales tax. Sales and use tax and Groce receipts. Tax proceeds to be dedicated to public safety and public transportation and Yes, Comm.. Well in this regard.

02:24:22,330	I’m going to, um I’ll explain a little bit about the home rule charter process, And. Then I’m Gonna ask one of the, uh Bismarck. Um sub-committee members to speak on it, But, um within our home rule charter. It’s kind of like our localized Constitution. Um when government doesn’t say Have good answers. Or. Maybe.

02:24:46,930	The Resources aren’t available or just about anything. There’s an area under initiated measures to where it references power of the people. And Right now, um there’s a lot of people that, um Their independent in their homes because of the access to public transportation, and that’s what spurred this discussion forward.

02:25:15,270	And, um There’s, uh, some stipulations within that so as an advocate when these folks started coming to me and talking to me, um, transits my portfolio, but it it’s a much bigger issue.

02:25:37,300	Um, I know a lot of the public comment mentioned transit, but, uh, more importantly, we need to find a way to protect the ride because it’s the ride that, um, makes Bismarck a better place to live. Makes our um communities. Uh Just the use that similar system a better place to live for everybody that needs those services. So at this time, I’ll have a Carl Jung come up and share. Um, part of the perspective that went into this Good evening.

02:26:12,370	Oh, yeah, well, not take up the rest of your night until 11 o’clock if that’s OK. My name is Carl Jung. I am one of the coordinating, UH, Committee members for the sponsorship of this Um Initiated measure. Uh, I’m told that this is included in your packet. The language.

02:26:36,030	Excuse me of the, uh Measure as we proposed to the people that signed our petition. Um In 1987 what most people have Have become to know as transit was, uh, North Dakota state effort to offer public transportation systems to community. Uh, that would be funded primarily by a federal grant.

02:27:01,000	Some minor state allocations in up to five mils At, which through three are currently levied in Bismarck. I won’t lie. Um There’s been some good that has come with transit being an option in our community. But there have also been some difficulty growing pains over the course of the history of this program. Right. Now there’s very little we can do about that.

02:27:20,130	Outside of acknowledging that those issues exist. Within this standing I will be sharing with you an innovative effort that we, uh, the committee. Um Began in order to save transportation. Not transit transportation. And incorporates. Uh, the, uh routed bus systems and para transit is a public transportation system.

02:27:50,800	In the past that has brought us to what led up to our request to guidance today. As the budget as the Bismarck City budget plan was unfolding in 2023, the state of transit’s funding position became clear. It is apparent that something has to change. Transit, even with the additional allocations by Mandan and Bismarck City commissions to help cover costs associated with paratransit. Is still Leading $1.

02:28:22,070	5 million in reserves, and those reserves will be exhausted sometime in 2026. So that brought up the question. What happens to those that are Those of us in the disability and and, uh, non driving community. That, uh, rely on public transportation to remain independent and thriving.

02:28:44,530	To be able to go shopping to not have to depend on others like our loved ones to get around the community. Um versus facing near total isolation in our homes or having to consider alternative living arrangements such as group homes or nursing care. This is where the conversation turned from looking at what could be done to shore up transit.

02:29:08,530	But what could be done to protect the rights that citizens in our community rely on? At. This point to submit to submit were formed. Uh, since transportation conversation is a Metropolitan Planning organization conversation as well that trickles down to a local conversation in Bismarck and Amanda and conversation. Man, then has their own committee. Reality is that for 37 years Bismarck has been subsidizing demand and service. And.

02:29:41,770	In true statement, the mayor of Mandan was honest when they shared The, uh, with transit that their community does not have the population to support the request needs. Uh, request to meet the needs of transit.

02:30:02,000	It is our belief that this is because of the under under the current structure I request for additional funding fall to the General Fund or reserve funding requests. Which are derived from property taxes. Additionally. It has been expressed that public safety and public transportation are needs in both communities as if it is a tandem conversation and after allocations are made, it seems like public transportation is actually competing. In competition with public safety.

02:30:29,200	So after listening to all of this as well as advocate or representatives, organizations and citizens. We took these conversations to heart to change the conversation and begin to look at it differently. We organize and created two citizen driven, initiated measures under the home rule charter. Defined under power of the people.

02:30:54,270	We developed wording and submitted it to the designated city leaders and after several several revisions Both were approved in January. As the charter state. We accepted the understanding that an effort to collect 15% of the vote in the last mayoral election In electrics citizen signatures would be needed to get them to the June primary ballot by March, 22nd.

02:31:15,230	As a signatures had to be collected by March, 22nd. In Mandan 574 signatures were required. They turned in 745 last Friday. In Bismarck. We needed 166 signatures. In, which we fall short. I have with me. Approximately 1100 notarized signatures. And.

02:31:44,930	Thus the very reason I’m here today is well as the other people who are impacted by transit and its services. And in some cases, um Lack of a lack of availability of services. Um, the approved wording of both petitions is slightly different man’s case language included a collection start date of January 1st 2025. Making it necessary to get that item on the on the primary ballot.

02:32:11,070	Same same date is not in the approved wording for the Bismarck petition. Which allows for the flexibility to collect enough signatures for either the primary election or the presidential election. Knowing we have 1100 now we know with warmer weather. Our committee are sponsoring committee who is made up of people with disabilities. We will get the minimum amount necessary.

02:32:39,630	To, get the petition on the ballot by the presidential election in November. At. This point. I wanted to take a moment to thank everyone both ad and disabled. They got us this far. Most of the people collecting signatures have disabilities and and, uh, age challenges to overcome where outside elements have not been friendly to us.

02:33:01,400	And in some cases have been extremely dangerous. This in light of the fact that many have overcome injury and illness that makes their life a different sort of challenge than what most people in our community endure. As well as wheelchairs that don’t climb stairs, motorized chairs like Mr Trevor’s using And elders that don’t navigate ice or cold very well.

02:33:24,900	Mayor Schmidt’s and commissioners. Because of all of the dynamics During this election cycle, our subcomittee and our supporters are asking that you approve our petition. To be placed on the June primary ballot in order to support our neighboring community. We feel that we are stronger together.

02:33:48,270	Then if we are considered doing separate election cycles or election, uh, periods. There’s also a financial impact to this on the presumption that both Of. These petitions are passed during the primary election. In order for the legal staff on both sides of the river to hold their necessary public hearings file the appropriate paperwork with the state of North Dakota.

02:34:08,670	And, then revenue collection could begin as early as January 1st of 2025. If Bismarck waits. Until the presidential election. Revenue collection wouldn’t begin until the second quarter of 2025, which we just put us a quarter delayed. This is the right.

02:34:31,170	This is right at the time when that very funding will be needed because those funds wouldn’t be available until 2026 Timing. Is at best imperfect. But. There is no room to wait if you want a different consideration at the commission than a request from either general or your reserve funds, a K a property taxes. Which have been a hot topic recently.

02:34:55,070	And also knowing that we will all have to ask ourselves what is our community look like Do we support All of the members of our community are just those who are able. And you know, uh, Um Have the ability to drive If. We have a very small on demand service for public transportation when we know the know that the need will be well by far exceed resources.

02:35:17,400	What type of a community. Are. We within that reality. Now. Uh, Comm. Munson. I think it was munson County Comm.. And correct me if I’m wrong, had mentioned the funding and that there would be like $4 million available. Um, over the last 37 years. The routes have changed because of budget cuts. Equipment gets old and breaks.

02:35:43,670	Uh, wages need to be paid salaries. Those things Um, we need to ensure that the funding is available and this is the most equitable. Way to make that happen. Plus, it would Potentially decrease three mills on our levy. I would stand for any questions. If. I can ask. Answer them like nothing.

02:36:04,600	We can find an answer for you. Mrs. Do you have questions? Thank you. Comm. mayor commissioners. I do have one for Demetri. So the gentleman spoke about collection of sales tax dollars as we don’t we get re When. Do. We get our reimbursements for collections of sales tax dollars to the city for our one cent and a half cent. They.

02:36:39,270	Don’t sit on it for a full year. Correct mayor, Commissioners Commissioners anchor. Uh, there’s a two month lag between collection, so 60 days give or take how however long the month is so to speak? So every 60 days we get a check. For 60 days ago sales tax dollars for the month of January versus We.

02:37:01,100	Get that in what? February march? So you’re saying OK correct? So so if They would still have opportunity to collect In the second quarter of 25. They would still collect some sales tax dollars later on in 25. Similar to the when we passed the 2019 sales tax.

02:37:28,270	Correct, ER, basically, uh Mar, Mo month of Let’s say second quarter begins in April so they won’t collect anything till Till June, June. OK middle of June. All right? And then, can you, um Of a half cent. Um, Mister Munson said four Or of the 2/10 of that cent would be approximately $4 million.

02:37:50,670	What have we collected the last couple of years on average on our half cent. Have some sales tax in 2022 was 9.9 million, and so it was 10 million bucks. Yeah and 10.3 in 2023 Comm. zinger Got you? OK, Thank you, sir. So. What are my concerns is it’s not public transit. I think it’s It’s something we need to fund but I.

02:38:20,670	Gotta be honest, I’m Seriously concerned about what might happen if we lose property tax and then we have to come back for a sales tax a year from now. To fund, the budget or some other mechanisms. So. My It’s Not that I think I’m again. I’m not against the concept.

02:38:40,330	I’m Just not sure the timing is the best if we lose property taxes, we have another issue and then also County is out. But their sales tax. And are we gonna cause both to fail? If they’re both on the ballot At the same time It’s like a Christmas tree effect. That that’s that’s a concern for me.

02:39:03,870	And then, uh, mayor and commissioners on the three mil that we currently have for, um Transportation. Those are that’s voted on by the people, right? We don’t arbitrarily get to Move that up and down. Is that correct? I don’t know that answer. Comm. Connolly. I’d love someone to answer that. I actually do And? Yes.

02:39:27,800	It was voted on by the people. So it went part of the Where that comes up is if the State measure that’s referenced goes away. Then we all grow through this in a very interesting and hard way. So part of those discussions and how it can be envisioned if you had to pick two and you could only have one. Snow plow.

02:39:53,030	Ride for Grandma and Grandpa. Who’s likely going to win the conversation every time. Snowplow because I mean it’s obvious So when we’re talking about public transportation, they’re always going to be a little bit on the outside looking at And. Something like this can take care of them when the snowplow is still part of the discussion.

02:40:18,170	And cause we’re gonna look at that those monies how they would apply differently based on the current structure of the state plan. So. Some of that’s provisions there also the fact that with public transportation being, um Yeah out of money in, say, 2026 timing. What choice Do they have That becomes a big issue to them.

02:40:44,730	It’s 100 and 88,000 rides currently, but it’s currently growing as well. I know I’ve worked out a lot of the nursing homes. I recently worked at the Baptist home if you have a medical appointment, they’ll give you a ride to the medical appointment.

02:41:01,500	But if you wanna go to greg Kids Graduation party or Christmas or anything if family can’t help them, That’s where public transportation comes in. I also was talking to a dean out at university, mary. They just made recently made a higher and that person asked.

02:41:23,170	What are the public transportation options They can’t drive because of impairments that per person chose to come here because we are looking at innovative ways in order to address very hard topic. Um Timings, not of the essence. The reason why it’s being shared with us. Tonight is the fact that, um Like. A Carl mentioned We’ve been subsidizing Mandan for a long time We pay about 1.2 million ish for the rides here in Bismarck for half the rides. Mandan is paying about 200,000.

02:41:52,000	So they measure passes, they will have enough revenue in order to cover their public transportation needs. And, then we can also look at ours. It also does something a little different as we create a public transportation account, so to speak, and it opens up the door to where we can submit it to

02:42:07,730	RFP. We have a lot of center line mile roads. 54 of that is covered by transit on the cat buses and then the on demand service and, um There are more people looking for rides that, um, want a little bit more flexibility in their schedule versus scheduling out ahead of time. How. Do.

02:42:31,570	We have those discussions if there’s not a revenue source for it. And. Um, so some of the other conversations it’s been very, uh Well used public, um, conversations over time.

02:42:57,070	Are we going to look at a police station expansion or a new building? We’ve already moved from 60% to less of a percentage for, um what Our reserve funds. Are. We have a fire station in the northeast corner. We have other needs. And if that measure goes through We’re gonna have to be innovative on how we address those.

02:43:17,000	Do we burn what we made available or do we create a space to where we can adjust and pivot differently than probably a lot of other communities in the state. So these are all just part of the conversation either way, there the fact that Mandan has turned in potentially enough. We don’t know if they’re verified that takes a 10 Day window. Um, we wanted to bring it. In front of here, so everybody, it’s transparent. Everybody knows what’s going on.

02:43:40,400	And, um Because. We’ll continue getting signatures We can if we’re at 1100, based on the environment that we’ve been at, Um it’s not inconceivable that we can at least double that, and it’ll be on the ballot during the presidential, um If timing was better if there was more ideal timing.

02:44:02,470	I’m sure we would consider that it’s just not where we’re at right now. Um And No. As. Far. As. Like what? Uh, Comm. Munson did from the county that I actually asked him to come here and share that information because, um, with property tax measure on there if we want to be proactive, I would Come out and support both of them because that just puts

02:44:24,070	us in a position to where we can address things differently and take care of actual needs in our community. There’s been a lot of, um, requests over the years for, um Justifiable wants things like that. We like to have those months but addressing needs, um especially if we’re growing through some difficult, uh Changes.

02:44:49,900	Um It’s a thing. Um because of what’s laid out before us, Um And. I guess other things we can have conversations about when we’re talking. Public transportation is shelters. Maybe. It’s a voucher system that coincides with taxi. Maybe it’s a zipper where transit provides a very necessary piece.

02:45:13,470	We can look at other alternatives and maybe some ideas We haven’t thought about yet. So it just Changes the game on the conversation. If that makes sense. Mhm. Mr Mark and Comm.. Comm. Connelly I. I. Don’t disagree with you at all.

02:45:36,200	I think that one of the things though, that we need to make sure is that You know we knew this was going around and we had, you know, um, you know, take a look at it, but I think this is a first that it’s come, You know as far as where we’ve had a in depth discussion about it. And. I think the more um, discussion we have. I think you know that.

02:45:50,330	We can see where, uh, where we’re at. I Think you’re right. I think we need to. We need to do something? We need to have those conversations. Um You know. And what is that? You know what does that look like? So For us to be able to do anything.

02:46:08,900	Is there A a deadline Janelle or or jason as far as when we need to decide to put it on If We go ahead and have those discussions to put it on June ball. Is there a deadline for us to do that here at this table. Uh Mayor and Commissioners. Comm. Marquardt.

02:46:29,770	Uh, I believe it was mentioned earlier that we had requested signatures be provided to our office by March 22nd anticipating 1500 plus signatures to verify That’s A a big deal at time it also considering we’ve got Uh, Park board members, Municipal Judge and City Commission members that are also circulating and verifying petitions all would have been due April 8th.

02:46:54,200	In conversations between the burly county election manager in the state election coordinator the March 22nd date was where we landed and shared that as early as we could with the group because we have deadlines in order to meet the county auditors schedule we have to provide proposed ballot language to the auditor in time for them to be able to prepare what that draft ballot would actually look like.

02:47:10,930	That’s April and that would be April 8th. The same day City Commission, Uh, Park Board and municipal judge petitions are due to our office at 4 P.m.. And then as far as the presidential one. In November that I 60 days prior to the election, so we’d be looking in. Roughly September. Early September.

02:47:41,700	So one of the things that And when we take a look at as far as what Sales tax and you know if the counties goes through and and this would go through in in November, we’re looking at a 8%. I do believe Comm. marquardt. When. You had asked that question earlier. I misinformed you.

02:48:06,200	The County’s request is a one cent sales tax increase. I had told you it was a half cent I’m looking at there was one I. I found it on the burly county website and it is the language of Bur County has is showing on their website for their home rule. Charter amendment would be the home rule.

02:48:22,800	Charter proposed amendment requires that all revenues raised and collected from a 1% sales and use tax shall be used to offset property taxes used for budgets of the detention center. Sheriff and state’s attorney and other public needs of the county. That is the language that they’re showing on the website, but it’s a net increase of a half cent.

02:48:40,030	Yeah, because there is going to expire at Some point in time here six months or something. That’s a projection anyway. So I, I. Guess what I’m saying? I think we need to have you know some further discussion on what This.

02:49:03,330	Looks like you know, since Um You know so people understand where that dollar is where the money is gonna go and how it’s gonna be how it’s gonna be spent because I think that’s one of the things that we need to make sure that we do our our due diligence as well. If. We’re going to be asking for that half sent for You know how Police fire and then also, um Transportation, So.

02:49:21,100	I think we got a little bit more homework that that we need to do as far as just or the committee or the group needs to be a little bit more as far as just the education side of that to know where those dollars are gonna go and how they’re gonna somewhat be spent.

02:49:36,000	If it is expanding. You know what we’re currently have, and we’ve had those discussions, you know, at this table, what transit looks like or that transportation looks like, but I think we now that’s come before us in the the style that we have now I think we have a lot more. Conversation about that in the future, so Comm.

02:49:55,230	Connolly, Um and and I appreciate that we kind of anticipated. Um some of that, um, the reason why this date was brought up is the next meeting is April 9th, which is the day after So, um, to answer some of those questions on that timing element ahead of time. Um, one provision in it.

02:50:15,400	That is there is the, uh, combined, um, fees that go along with the municipal jail? Um, the county was going to add that Wording into theirs originally in their home rule charter discussion and they took it out, and that’s where it was added into the public safety on our side.

02:50:34,670	Um, we currently have a lot of people from Michigan here that are selling drugs to our kids, and they we’re paying for some of those nightly stays. Um Dealers don’t buy property, but they buy burner phones like gangbusters, so property owners are still gonna pay for, um, the majority of their confinement.

02:50:56,530	But in that one sense, uh, they can help contribute to so little added part to it. Thank you, Comm.. Again. It’s Not that I’m opposed to the concept here. I think the funding source is necessary.

02:51:17,430	I’m really I’m trying to think forward to what happens, probably in the November election if the property tax initiative gets on the ballot, and what are we facing then? And I don’t want to be trying to add a tax now on a tax then, you know, and pretty soon you know, Where’s our Christmas tree effect and And. When. Are we gonna fail? I think it needs to be a part of a global picture. That’s more of my thought.

02:51:38,230	I don’t know what actions we need at this point in time. I would think we just have continued discussion and maybe just more. And we and we might have a sense before the November election comes what we need to start. Maybe. We need to change the entire thing. They finished the race. Yeah. Yeah.

02:51:59,500	We’ll continue collecting and we’ll figure it out. So all right. All right. Is there any other business type? OK. All right. We stand