00:00:12,330	Uh, today is October 22, 2024, 5:15 we’re in the Tom Baker meeting room to conduct the city commission meeting. As always, we invite a member of the Bismarck Police Department Crisis chaplaincy team, Pastor Paul Herr is here to lead the invocation and pledge of Allegiance.

00:00:37,430	Would you pray with me? Almighty God, I come before you on behalf of my city and our commission. Asking for your guidance, wisdom, and support as this meeting begins. Help each of us to engage in meaningful discussion, allow us to grow closer as citizens of Bismarck and nurture the bonds of community.

00:01:00,500	Fill us with your grace, Almighty God, as we make decisions that will affect all who live in our community. Your word tells us in the proverbs that where there is no guidance, the people fall. But an abundance of counselors there is victory. Heavenly Father, we need your guidance and we need one another.

00:01:19,970	I mean we never forget who you are, our God, our Creator, our sustainer, our guide. And may we never forget our need for one another as a community of citizens. Thank you for our leaders and our protectors. I ask you grant peace and safety over our first responders who offer themselves to care for each of us as well as caring for our city.

00:01:39,430	May you be reverenced and honored by what is discussed, deliberated and decided here today. The name of Jesus Christ your Son, our Savior, I pray these things. Amen. S 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. All right, please call the roll.

00:02:12,830	Comm. Risch. Here, Comm. Zenker. Comm. Connelly, Mayor Schmitz. Here, here. All right. First up is public comment. This is a chance for anyone to speak uh to any of the items on the regular consent agenda excluding public hearings. If you do, please sign in at the podium. Second call for public comment.

00:02:47,800	And 3rd and final call for public comment. Hearing and seeing none, the public comment time is closed. Um, item 2, consider approval of the consent agenda. What are the commission’s wishes? Move to approve. 2.

00:03:13,970	There’s a motion and a second to approve consent agenda, uh, any further discussion? Over here I have one question for Steve if he could come up on item J6? Sure. Good evening, sir. Good evening. So I read it, um, I don’t have a problem with the trial, um, in, in, in doing something different, um, but if it doesn’t work out, I don’t want you to be hamstring and say, hey, we got to do it all winter.

00:03:44,300	So what’s the that was not the intent, the intent was to try it if it works, continue. If it doesn’t work, discontinue. Discontinue. Perfect. That’ll work. Thank you, sir. Fair enough. Any other discussion? All right, hearing and seeing none, uh, go ahead and call roll. Comm. Zenker. Comm. Connelly, yes. Mayor Schmidt. Yes Chair Cleary. Yes.

00:04:22,700	Mm We’re now on to the regular agenda. Item 3A, consider the request to receive a report from the downtown Community Foundation, uh, relating the economic development services provided by the organization. Kate, good evening, Chair Cleary, Mayor Schmidt’s the Comm.. My name’s Kate Herzog.

00:04:47,330	I’m the president of the Downtown Bismarck Community Foundation, um, And I think everything was right, yeah, ready to go. Sorry, W. Perfect Well, um, thank you guys for letting us, um, be here today, uh, October 8th when the chamber was presenting, I was, um, in Atlanta for a conference, so thanks for accommodating um that schedule, um, as everybody knows, we’re here to present our quarterly update as to the chamber um at

00:05:10,370	the last meeting with me is Dr. Karl Solvak. He is the Dean of the Gary Thurlton School of Business at the University of Mary. He’s part of our council board. Um, he said he’s served for moral support as well.

00:05:23,900	But if you have any questions for him, that you certainly can ask, uh. Tonight we are going to Uh, go through a few things, so obviously we answered the RFP, the Downtown Bismarck Community Foundation, um, for Economic Development Services. These are really the three main things on the menu tonight.

00:05:41,700	These are the 3 pieces that you all put in in the RFP and then we’re gonna talk about a few things that are coming up, um, the rest of 2024 and then in 2025. So the the meat of the meal, I think, and this is, um, an awesome thing that, that we can report when we were here last time, we were about a month into a new program that we had launched

00:05:58,430	with the city of Bismarck and some lenders, um, called the Neighborhood reinvestment Initiatives and really what this did was it targeted, um, houses that had a maximum value of $250,000 that they were owner-occupied, um, they could receive low interest loans from the lenders that we were working with who would um lower that interest rate to make

00:06:19,170	Improvements to their home, improvements that also increase the value of the home so it wasn’t paint and and carpet, it would be things like a roof, um, you know, HAC systems, things like that so when I spoke with you last we had just launched it.

00:06:36,770	We were about 3 weeks in, um, happy to report that as of October 16th we’ve had $873,000 in applications forwarded to the two banks that have committed to that low interest rate for 2024. So I thought that was great. Um, it was a great trial for the city Bismarck for 2024.

00:06:55,500	I want to thank the planning department and, and Lauren especially Lauren Ulster for, um, helping us with that program and I think it’s been a great partnership. Um, we had two banks that put in loan capacity at the reduced rates capital Credit Union and Gate Citibank.

00:07:14,130	Gate City does this in a number of communities in North Dakota, but Bismarck’s actually the first community that has added another lender to this program, um, and we have it open to all lenders. Anybody can participate as long as they meet the criteria of the program. So, go ahead, sorry. Questions already. All right, here we go. Kate, how many homes were involved? I see the total number that I’m just wondering. Yeah, uh, let’s see.

00:07:34,400	I think we had 19 total homes, um, let me go to the next slide here. I put a little bit of information about the average application. So we had the average valuation of the home was about $209,000.

00:07:53,730	Um, we at the downtowners then targeted what we figured would be kind of the oldest homes in Bismarck, and generally those are zoned downtown fringe, downtown court, and R10, R10 zoning. So we sent out, um, postcards to some of those folks that we thought would meet the criteria, um, let’s see. We had 12s that were zoned R 10, 5 that were zoned R5, and 2 that were zoned RM 30 that were forwarded on, um, To the banks.

00:08:15,370	Average value was 209. One thing that Lauren did point out was, um, prior to launching this program with the city, we talked about the guidelines, what should the maximum valuation be if we had talked maybe 275 250, um, we had settled on 250.

00:08:35,430	We had quite a few folks that would have that were about 265, so I think for the next year it would be nice to increase that maximum value to 275. We had some folks kind of in a in the doughnut. A little bit. Does that answer your question, Comm. Rich? Um, So we are um gonna meet with staff, Daniel and Lauren and folks, and go over next year’s program.

00:08:55,730	Um, this is something we can do every year with the lenders if they wanna, um, put loan capacity in at a lower interest rate to help folks improve their homes. Um, so we’re going to secure commitments for 2025 from lenders.

00:09:11,370	Again, it’s open to any lender, um, and I think Capital Credit union may go over to Mandan and do this there too, so we, we started a good trend, I think, and getting more lenders into a program like this, uh, Capital Credit Union also said they’d like to extend beyond the October 31st deadline this year if possible.

00:09:27,570	So I’ve, uh, sent an email to the planning department, not sure if that’s possible, but they want to keep going with it and can make some, um, decisions pretty quickly, which is great. Uh, another thing in the RFP and one of the goals was to get the Renaissance zone reinstated that when I met with you last time, we were on kind of a one year um.

00:09:48,470	Reinstatement with the political subdivisions. I’m happy to report that we now have completed the five-year reinstatement with all the political subs as well as the updated development plan, um, and Comm. Zenger holds that portfolio. So that’s great. We have kind of now 5 years of our Renaissance zone program.

00:10:08,100	It’s changed a little bit with updated development plan, um, but it’s happy to get that over the finish line, which has been great. Uh, the Renaissance Zone Authority also offered representation to all the political subs to sit on the Renaissance own authority, as you might remember, um, County Comm.

00:10:27,470	Munsen sits on that authority, um, but starting in January, there can be a parks representative and a school board representative and a county representative. Uh, one thing we did talk about, uh, when we were going through the, um, the Renaissance zone reinstatement and and updated development plan was really the biggest change to the plan was the rehab project guidelines that has affected a couple projects just in terms of the scale of the project that they

00:10:47,170	could financially afford, um, but generally we’ve been really happy with this, just pointing out the last project that was approved, um, this is a house that’s on 2nd Street, that was uh in.

00:11:07,500	I mean, Mostly has a roof, I would say, um, and now you’ll see the picture below which was approved by the Renaissance own authority at their last meeting that they had a project. So, that’s been great. 01 other thing that we were tasked with doing for the city of Bismarck and the RFP, uh, was creating financing programs or providing staff assistance on the vision fund request. If you might remember kind of towards the end of 2023, we had some requests.

00:11:26,200	Uh, the city had some requests come in that maybe didn’t quite fit the vision fun criteria, so we worked with um those folks at the Vision Fund as well as the chamber, EDC on updating the rubric that allows folks to apply and.

00:11:43,770	Didn’t have a lot of money in that fund, so we needed to be a little bit particular, um, so one thing we decided to do in 2024, um, Dmitri Chernyak, myself and Chad Johnson from First International Bank and Trusted on the North Dakota Opportunity Fund Loan Board, and it is a blast if you’re wondering, but we, um, they actually will provide the community match for the Flexpace program, um, which

00:12:04,000	is something that we had gotten some applications into the vision fund for and trying to conserve what money there is in the vision fund having Another partner be able to commit that community match has been fantastic.

00:12:21,100	So we brought Matt Bertholt from Lewis and Clark Development Group who manages the North Dakota Opportunity Fund, um, for us and the consortium of communities that are a part of that. Uh, so we’re mostly now those flex pace match community match financing applications are going to North Dakota Opportunity Fund so we can conserve what’s in the Vision Fund, maybe for pace loans or other things.

00:12:41,500	There’s about $750,000 left for re-lending in early October, but that is a revolving loan fund and replenishes itself. You know what, let me go back. I just want to give you a couple. A couple of items on that. They dispersed $300 in loans, um, in a not quite a year’s period from North Opportunity Fund.

00:12:59,500	8 of those loans were in Bismarck, 9th is pending right now. The majority of those loans were flexpace community match programs for, um, just a couple loans that we approved, trucking and logistics, real estate, daycare, medical services, and professional services within the city so they’re able to access that low interest loan program now.

00:13:19,930	Uh, another thing that we were tasked with from the City Bismarck talent recruitment. Uh, workforce retention, I think you heard Brenda from the chamber EDC talk about new Americans and welcoming folks to our community. This is something that we’ve been doing at the Downtowners as well. Uh, we hold a quarterly multicultural welcome event, our September 1 was on the river boat.

00:13:38,600	We filled the river boat to capacity. I was a little nervous. We, I actually forgot to turn off the RSVP thing and once we hit 105, I was like, we’re going to hit the weight limit on this bad boy, but it was fine, it was fun, um, we had obviously ourselves and some of the other sponsors was the 40 Abraham

00:13:53,500	Lincoln Foundation. The Northern Plains Heritage area, the state of North Dakota, uh, the city, and I will get to that in a second. Some local groups as well as the Adult Learning Center, 105 attendees, 12 languages spoken. A good time was had by all.

00:14:10,570	Um, Heather May, who I think, I don’t know if she’s been to the Comm. she’s going to come talk to the commission shortly. Is the city of Bismarck’s new community integration facilitator, and she was there, she was able to meet some of these folks, um, you’ll see Holly Trisco with the State.

00:14:26,100	She’s one of the resource providers in the top middle, and then Heather’s off to the right. We didn’t lose anybody. Nobody fell overboard. It was a fun time. We’ve got one coming up on November 8th again, which should be great at the Heritage Center.

00:14:43,700	Um, another thing, and maybe I, I didn’t, um, do a great job in talking about how this program works, but hopefully this will give you guys a good idea of, of how we can use Plaer, which is our kind of location based, uh, licensing software that we’ve purchased, um, to help the city. So we did conduct placer AI overviews with the planning department, engineering department, the event center and the airport staff.

00:15:04,500	And then the airport requested if we could kind of dive further into um looking at where customers were coming from that were going to the Bismarck Airport terminal and where customers were coming from going to the Fargo airport terminal.

00:15:23,230	Essentially, we were trying to find out, are a lot of people driving from our sort of Bismarck airport region to get on a flight in Fargo. You know, drive to Fargo to take a plane out of here. So what we’re able to do is pull this verse is a trade area analysis and we’ve got a bunch of information that that we sent to the airport, but I’ll just give you a big quick overview.

00:15:38,770	First we pulled the trade area, but then we were able to pull the visitors by origin. So here you can see um. And I just use the terminal building, literally the the footprint of the terminal building, so you’re not getting Other sort of airport property, but not maybe passenger terminal, um, so you can see here where the Bismarck Airport

00:16:00,700	is pulling people from. These are all the zip codes and counties of people that make their way to the Bismarck airport terminal. A lot of You know, western and central North Dakota.

00:16:21,400	We pulled the Fargo airport terminal, and there really isn’t a lot of leakage from kind of Bismarck to the Fargo area as you can see Fargo is really pulling from. Go between Jamestown and Detroit Lakes, um, and so we were able to pull all of the zip codes, all of the, the numbers of, of folks which zip code they originated from, and then which airport terminal they were going to and package that for the Bismarck Airport.

00:16:41,870	So looking forward to having that Nashville route. I know Greg’s back there and, uh, that could be great. So if anyone’s questions on that, I can send the full um report, but certain things like that that we certainly can do for the city of Bismarck.

00:17:02,230	Uh, the chamber, EDC also just mentioned some of the representation and partnerships that we work on with the city of Bismarck. Obviously, I mentioned that we’re on the North Dakota Opportunity Fund loan board. We give a monthly update to the Bismarck Parking Authority. We give a monthly update to the Renaissance Zone Authority. Um, we are currently sitting on the consultant selection committee, um, for the Bismarck event center RFP.

00:17:20,130	We are on the steering committee for the Bismarck Land Development Code, which I like and it’s nerdy, but in a good way. Um, we, uh, have good partnership with, with the engineering department, especially downtown during our construction this year on, on 3rd Street and Ross there, we’re able to go to those construction meetings let our property and business owners

00:17:39,430	know the timelines for certain things and then supported that urban grant. Um, program, uh, through DOT that offsets some of the dollars for that project. A dawn on our offices on the forestry advisory board. I’m on the Forestry advisory board in another capacity, and Dana is also part of your arts and culture plan group.

00:18:01,800	Uh, community input, we worked, uh, this is part of the RFP again getting community input. We assisted city departments in a number of community engagement things this quarter. Uh, the biggest thing being inviting um the consultants that you all hired for the Land Development code update and the Arts and Culture plan to the street fair.

00:18:19,000	Um, and so you can see here some stuff that they had done with the community at the street fair, it’s called usually called Doocracy, but people can give their opinion while eating a corn dog, you get a great swath of. Of the community members, uh, here in Bismarck, um, and then we, as Comm.

00:18:38,800	Zenker was just talking about able to survey our business and property owners on Main Avenue about maybe a new plowing strategy for Maine, um, and so we’re able to get that information. To Steve.

00:18:57,830	Here’s just some pictures of your consultants that you hired, putting them out to work, getting some public input, you see, uh, Scott Armstead throwing some dots, pretzels at people to encourage them to come. Talk to him about land development code updates, which was great. Uh, coming up in 2024, uh, the rest of 2024, we have our next November 8th multicultural event at the Heritage Center.

00:19:19,030	We’ll be soliciting the banks for loan capacity for NRI for 2025? We’re gonna, uh, meet with planning department and go over the guidelines for 2025. Maybe some things we learned from our first year and, and some tweaks and suggestions there. Uh, where you will continue to be a part of the interviews for the event center, uh, consultant.

00:19:38,830	As a part of that, um, we’ve, we’ve talked with the city and a few other stakeholders that we would be able to pull certain reports for those stakeholders, uh, from the stakeholder group. To the consultancy folks for the event center.

00:19:55,530	So as soon as we know who those people are, they’re gonna want a lot of data about who’s using the facility, how long they’re there, where they come from. So hopefully we’ll be able to pull some good information for them, uh, to make good decisions. We’re working with the planning department to start the update of the urban renewal plan that we need to have on file with the state of North Dakota.

00:20:12,230	And Karl, who is providing fantastic moral support behind me is going to be here next time, uh, giving you an update on a, a cool thing I think that we’re gonna be. Uh, pitching to you all in, uh, The last quarter update for us. And that’s all I got.

00:20:31,570	That’s A lot of information, but I’m certainly happy to provide additional information if you need it from any of those topics, uh, quick and dirty, but hopefully that you get the gist. Any questions? It doesn’t look like it. Thanks, Kate. Thank you. All right, moving on to item B is a public hearing on the request for a taxicab license for Silverstream Transportation LLC.

00:21:01,770	Um, at this time, it’s time for a public hearing on the request. Uh, does anyone wish to speak on the request, so we’re. Opening the public hearing. So I call for public hearing. 3rd and final call for the public hearing. Uh, public hearing for the request is now closed. What are the wishes of the commission? Move to approve.

00:21:30,400	There’s a motion and a second to approve the request for taxi license for Silver Stream Transportation LLC. Is there any discussion? Right? Um, go ahead and call the roll. Mr. Connelly, Mayor Schmitz. Yes. Missioner. Yes. Comm. Zenker. Chair Cleary. Yes.

00:22:04,170	All right, I C is a public hearing on request for a new F2 restaurant beer and wine only license for bourgeois enures LLC doing business as Taco Del Mar at 10:24 South 12th Street. Um, Go ahead and open the public hearing. If there’s anyone who wishes to speak on this request. Second call for public hearing. 3rd and final call for public hearing.

00:22:30,770	Um, At this time, the request or the public hearing is for a request for the F-2 liquor license is now closed. What are the wishes of the commission? I move we approve as presented. Uh, there’s a motion and a second. Any discussion? No discussion. Go ahead and call the roll. Mayor Schmitz, Yes. Missus. Missners Zenker. Yes, Comm. Connelly. Yeah Chair Cleary.

00:23:00,330	Yes, motion passes, um. Item D is a public hearing for the Major subdivision final plat and zoning map amendment for Landsberger’s second subdivision. And Ben, you’re gonna present for us. Yeah, thanks, uh, Madam Chair. Uh, there we go.

00:23:33,770	Yeah, Marlene Lansberger and family are are requesting a zoning map amendment for the agricultural zoning District, uh, to the RR residential zoning district as outlined in Ordinance 65992 in your packets. Including a major subdivision final plat. Um, I’ll try to circle something on the screen here if I can with my cursor, um, here’s the project, uh, basically an aerial photo photograph of where the the the project is located, you’ll see this. Sort of elongated shape here.

00:23:56,800	Uh, originally that was a what we call a major street plan amendment that was tied to this application. However, and I’ll explain a little bit more detail later that uh piece of the application has been removed, so it’s, it’s essentially just the zoning map uh change and the major subdivision final plat.

00:24:17,630	Uh, the property is located in northeast or sorry, is located northeast of Bismarck, uh, adjacent to the east side of Fifty-second Street Northeast. And generally between 5-seventh Avenue. Uh, in 71st Avenue is northeast, uh, project areas comprised of 5.38 acres and proposes one lot in one block.

00:24:43,330	Uh, the future land use with the proposal is urban reserve and the existing zoning is RR residential, uh, the requested action would allow the applicant to facilitate the sale of the property for future development. Uh, the planning and zoning Commission did consider this request at the September 25th meeting of this year.

00:25:04,230	Two members of the public did speak in opposition of the proposal, but specifically related to the major street plan amendment, originally associated with the proposal. Um, and at the conclusion of the public hearing and based on the findings contained in the staff report, the planning and zoning commission opted to deny the major street plan amendment, uh, but did recommend approval of the zoning map amendment from the agricultural zoning district to the RR residential zoning district, as outlined in

00:25:27,600	Norman 66592, as well as the major subdivision final pla uh planning and zoning commission did provide some further direction to staff, uh, to Advertise and reno the adjoining property owners for the major street plan amendment and to have that item considered as a standalone item at a future planning and zoning commission meeting.

00:25:49,900	So that action is currently underway now and and we’ll be under at the consideration stage at actually tomorrow’s planning and zoning meeting. Uh, is there any questions that I can help uh uh address from from anybody on the commission. Doesn’t look like it, Ben. OK.

00:26:14,570	All right, uh, we will go ahead and open the public hearing on the request for the major subdivision final plat zoning map amendment for Landsberger’s second subdivision. Thank you, Chair Cleary, and in Namo of Swannhagen Engineering, uh, representing Landsbergers on this property.

00:26:35,300	Um, yeah, it just has, has been mentioned before, we were just asking for the zoning change and the subdivision plot tonight, the, the uh change in the roadway master plan will be, will be a separate issue from this, but I’m here if you have any questions. Doesn’t look like it. Thank you. Second call for public hearing. 3rd and final call for public hearing. Public hearing is closed. Uh, what are the wishes of the commission. Move to approve.

00:27:12,270	Second, There is a motion and a second to approve the request. Is there any further discussion? This is Mayor Schmidt. I just want to Make a comment because I was part of obviously the decision at planning and zoning related to the road uh portion of this, and there was significant concern over where that road was potentially going to land

00:27:36,170	and how it affected various property owners, which is why we As plans zoning to proceed without the major road. Portion So This is, this is what we unanimously approved, I believe it was at that point in time. OK, thank you. Anybody else have any? Other discussion. All right, uh, please call the roll. Comm. Risch, Comm. Zenker. Yes.

00:28:10,900	Mr. Connelly, Mayor Schmitz. Yes. He Cleary. Yes. Item E is a public hearing to release a portion of the platted landscape buffer easement on Lot 1, block 1, Misty Waters, 2nd replat. Uh, Lauren. Uh, good evening, chair Cleary, uh, mayor and commissioners, um.

00:28:40,770	Misty Waters LLC and Logan Thompson are requesting approval to release a portion of the current landscape buffer easement on lots one on one block, one misty waters second relot. Um, I will note that this request will not release any portion of the access and drainage easement that runs along the northern portion of the latte, you can kind of see it in the on the screen here.

00:29:02,630	Um, the property is located northwest of Bismarck, west of River Road west of the north-south portion of Burnt Creek Loop and south of Tranquil Circle. The easement was originally granted with the plot of Misty Waters in 2005 and was rededicated with the plot of Misty Water’s secondary plot in 2023.

00:29:26,630	The project area is the planned unit development, um, this plan you know development allows self storage uses on this lot one, which would be considered In industrial use and would typically require a buffer Eastman adjacent to lower intensity uses like the residential uses to, uh, the north.

00:29:48,070	Um, by city policy release of any easements other than franchise utility easements requires a public hearing with the city commission. Owners of directly adjacent properties, however, have been notified of this public hearing.

00:30:08,400	Um, staff have received no public comments for this request, um, as a result of all findings contained in the staff report, City of Bismarck staff find that the release of the portion of the landscape offer easement would not adversely impact the public health, safety in general where welfare and is consistent With the comprehensive plan, Bismarck code of ordinances and relevant state law. Therefore, staff recommends approval to release, uh, this 14 by 20 portion of the current landscape buffer easement over lots 1, block 1, Misty water secondary plant.

00:30:28,530	Do you have any questions for me at this time? Doesn’t look like it. Thanks, Lauren. All right, this is a public hearing on the request for The release of the portion of platted landscape buffer easement on lot one, block one Misty waters, second replat, um, first call for public hearing. Um, my name is Logan Thompson. Oops.

00:30:59,630	Uh, I own a lot, uh, straight north of there. I was also um. You know, we’re we’re purchasing the uh. The first unit there and we’re going to tie it to our driveway was the idea.

00:31:25,270	I was also hoping we had the, uh, Prairie View red dropped the landscape on the side of it a little bit, um, so far in the three heavy rains that we’ve had, uh, well, the projects being developed, we’ve had quite a bit of sediment washing down into the the parking lot to the west.

00:31:43,770	So what I would like to do is make a bigger grass area, um, right now it’s set up for mulch or smaller rock in there along with quite a bit of trees in in the in the buffer easement there. I’m not touching anything or I don’t want to touch anything that runs north and south on the east side, just the stuff that parallels my property, um, we’d like to do some trees, some rocks, and some rip rap in there to slow

00:32:00,430	the water down and hopefully avoid some of the erosion that’s going out into the parking lot. I know if they do, do, uh, wood mulch or anything like that in there, chances are every time you get a hard rain with a down spouts and uh the roof line that you’re gonna get erosion out into that parking

00:32:17,500	lot, plus it’s, you know, when, when, when they shrink it out, they have it right now. Clear out to the property line with the buffer, which means they’re going to have mulch and whatnot right up to to my line.

00:32:33,500	So every time I mow, um, there, no matter how I would do it, I would end up blowing grass into those rock beds on my property and onto that one, which would just, you know, cause weeds and everything else, so I was just hoping to slide it back. I did bring, um, drawings if anybody wants to see them, what they did.

00:33:04,530	Um, As far as you know, people seeing it, I really the only people that are going to see this portion of it are people that come down my driveway. Uh, I have a flag lot, so it’s, it’s like 358 ft from Tranquil Circle to the end of my driveway, and then another 20 ft from there before the, uh, that buffer easement would

00:33:23,270	start. So really the only people that are going to be looking at it would be myself and I’d, I’d rather have it looking more like what is consistent around my home. That’s it.

00:33:45,130	Any questions? Madam Chair, um, so I’m looking at the photograph here at the bottom, so the 280 square foot is the barren. Yes, if you, and you see that 14 ft right there that’s kind of in darker gray, just straight off of that first unit. That would be the driveway. That’s what they they have on for the release. I’m just trying to, to cover a couple other bases while I’m here.

00:34:03,470	On the landscaping portion as well. Does that make sense? Well, who owns the 280 square feet. So, um, I own part of it is on my easement that’s attached to my lot, and then Steve McCormick and the, the people that are doing the development, and Steve has already came down and signed a release for this, this, uh, uh,

00:34:25,730	14 by 20 ft section. I mean, us as a city commission, we don’t own it. We, we allow the Eastman to to expire or whatever the case may be, if you and Steve McCormick agree, can’t you just go ahead and do what you plan on doing? That would make the most sense to me.

00:34:47,500	I’m just trying to, you know, it sounds like when I, when I started asking questions because I do work as a contractor in town. I don’t want to step on any toes, so this was when I started asking questions, I ended up here. Ben, uh. Yeah, no, just to address some of your questions, Comm.

00:35:10,000	Risch, um, so the, the item before you today really is only to consider the the release of that small portion of the, the easement for the driveway to go through. Uh, the other items that Mr.

00:35:31,300	Thompson is, is referencing is basically the additional landscape buffer that’s associated with the planned unit development and there is actually another process that needs to be gone through to amend that planned unit development and If Mr. Thompson is interested in pursuing that, we’d be happy to work. Through that process with him, but tonight, really you’re only considering the release of that landscape easement to allow that driveway in there. So we can’t just add to it.

00:35:50,630	That’s correct, yes. Uh, this is a public hearing, go ahead. I’ll ask, uh, second call for a public hearing. 3rd and final call for public hearing. And now the public hearing is closed. And Comm. Zener, Madam Chair, uh, Ben, can you come up, explain that process. That he’s going to have to go through.

00:36:22,070	To to do that because I’m kind of with Comm. Risch on this. I mean, if, if it’s worked out, it’s in the PUD and it matches the other surrounding area of landscaping. Why, yeah, so the, the roadblocks.

00:36:43,400	I’m sorry, yeah, yeah, and it’s, I guess I’d call it more the the process to work through than than a roadblock, but essentially to amend a planned unit development, so it’s, it’s specifically defined in the PUD that this lands buffer exists, um.

00:37:05,570	So there’s a process if if they want to remove that landscape buffer, they can do that, but it’s, it’s like changing, it’s, it’s similar to going through process of changing the zoning ordinances, only it doesn’t have to go to planning commission. It basically takes place at at, I’m sorry, it doesn’t go to city commission, it only takes place at planning and zoning commission, so there is a, a process to remove that requirement.

00:37:23,670	In the planned unit development, which is a that specifically designated zoning designation that calls out the requirement for that landscape buffer, um. And so that, uh, does that answer your question, Comm.

00:37:42,100	Zenker? Uh, yes, Ben, it, it does to an extent, but wouldn’t it, I mean, if he’s already foreseeing a problem, if there’s issues that are happening, and he’s just gonna enhance the, the, uh, landscaping to make it more practical, I guess is the word I’m thinking of. Wouldn’t that just be, I mean, if him and the landowner next to him, I. Yeah you know me in red tape, dude. I just don’t know, I get it, Madam Chair, and, and Comm. Zenker.

00:38:01,370	So if that is the case, that would seem to be justification to remove that, that landscape buffer adding justification to it, but nonetheless, It’s documented in the ordinance and so there’s a process to remove that, uh, landscape of our language from the ordinance. OK Mm-hmm. So, um, Mayor, go ahead. Well, I don’t know if this is a question to The band or if it’s a question to Mr.

00:38:25,400	Thompson, it sounds like they want landscaping in there’s some kind of question why the buffer goes away, it more sounds like he wants to enhance the buffer. Am I missing something? You maybe Mr.

00:38:45,600	Thompson could speak to it it’s, it’s my understanding just in talking to staff that there was interest in reducing the amount of of landscaping, but perhaps he can clarify or perhaps I’ve misinterpreted art my discussion with staff.

00:39:07,630	So the amount of uh uh plants and trees that have to go into, to make up that buffer is my understanding that it, it just basically would take up the entire 20 ft to get it in there, um, originally, if you, if you look at that little plan, I know you guys, that I, that I gave you, the one that runs north and south, um, along the edge if you see all the trees and whatnot that are in there, that’s what was originally set up to go all the way down, um, the, that side of my property.

00:39:22,470	When, when it, when they came to me with everything, I just assumed, you know, hey, Prairie View is doing it, it’s gonna look good.

00:39:35,400	But then once I, uh, actually seen where the line was going to be and how tough it would be to mow and then watching some of the erosion that was going on with it. It, it just something I would like addressed as well right away before they get too far into the weeds with it, so that’s, that’s all. I just think it’s the amount of material if that answers your question. I don’t think so.

00:39:57,400	Madam Chair, so what’s got a, uh, Ben, what’s got to be in that buffer zone? Is it specific to To grass, I mean. In or trees because they already got trees in here and if they had a little bit of. Rip rap like like uh Mr. Thompson alluded to, I mean, for drainage. I mean, it’s gonna, here’s the deal.

00:40:12,730	This is how I see this working. If he doesn’t do anything in the future, he’s gonna have to do something. So he’s gonna rip out the grass and put the gravel in anyway. So let’s just figure out a way to save him a step. Yeah, and, and thanks for that question, Comm. Zenker.

00:40:28,130	So there there is specific densities and certain types of plant material that are required by the ordinance to to screen that that use from the adjacent use and um uh it I I think uh our.

00:40:49,530	Now, uh, assistant city administrator and still doing some of his duties as city forester has been out to the site, but I, I suspect, uh, Mr. Wis and myself would be, uh, happy to go out to the site again to take a look at it, uh, but to answer your initial question, there is, uh, by definition in the ordinance, a certain density of planting materials that have to go within that, within that buffer, and I think that is

00:41:07,600	what is in question of reducing that density of of planting materials. At least for Mr. Thompson’s perspective. So, Ben just. So I’m understanding this correctly.

00:41:33,800	If we move forward with the release of this easement, but then he could just immediately move forward to it like sounds like both parties agree that that buffer should be changed as well or lessened so they could start that process immediately, right? Chair I would agree that they could start that process and it just has to go to planning and zoning, correct? OK. Moved to approve is presented 2nd.

00:41:56,270	With one further discussion point that we make a trip out there and make that as painless as possible for that gentleman. Any other discussion. All right, with no other discussion, go ahead and call the roll. Mr. Zenker. Yes, Comm. Connelly, Mayor Schmidt. Yes. Comm. Risch, yes, Chair Cleary, yes. Item F. Public hearing on ordinance 6590 is zoning map amendment for parts of Riverview Edition and and Mackenzie edition.

00:42:33,630	Ben, is this you again? That’s me again. Yeah, I’m still here. Uh, the diocese of Bismarck and Saint Mary’s sisters are requesting a zoning map amendment from the R5 residential. Uh, zoning district to a planned unit development as outlined in ordinance 6590.

00:42:55,000	Uh, the property is located in West central Bismarck along the east side of Raymond Street and between West Avenue A and West Rosser Avenue. Uh, project areas comprised of 29,0235 square feet on currently 5 parcels, uh, within two different blocks. Future land use associated with the proposal. is urban neighborhood and existing zoning is R5 residential.

00:43:22,730	Uh, the requested action, uh, excuse me, the, the requested action would allow the development of two convent buildings in two phases and demolition of existing dwellings on the various lots in question are the convent space would include residential space as well as classroom spaces for the, uh, sisters living within the convent, uh, the planning and zoning commission did consider this request at the September 25th meeting.

00:43:43,470	Uh, the applicant and one member of the public spoke in favor of the application, uh, additionally, 4 written forms of testimony were provided with 3 in favor of the generally in favor of the proposal and one, noting possible concerns of the loss of affordable housing in, in the neighborhood.

00:44:03,400	At the conclusion of the public hearing and planning and zoning commission, uh, uh, did uh recommend approval of the request. Uh, happy to address any questions any of you may have. Any questions for Ben right away before we move on, Madam Chair, I just noticed who’s the contractor on this and the firm that I work for does work for him, so I’m gonna recuse myself from that.

00:44:26,800	I apologize for not noticing that sooner. Thank you. OK, uh, any other questions for Ben before we jump into the public hearing? Comm. Risch, Madam Chair, Ben, so, um, looks like a great project, don’t get me wrong, it’ll be add to the neighborhood, but the existing houses are tearing down are currently paying property taxes

00:44:47,070	and this property would be tax exempt, is that correct? Uh, Madam Chair, Comm. Risch, so, uh, I, I believe one of the houses may have already been demolished.

00:45:06,800	So I think there’s at least 2 homes that I, I’m aware of that that may currently be paying property taxes One, I, I do not believe is is uh I I think it is being used in a tax-exempt way by by the diocese. So the, the properties that exist on. The project area they’re already owned by the diocese, correct? All 5 of the, yes, uh, Madam Chair, all 5 of the, the parcels in question are owned by the diocese.

00:45:30,400	They may not be all for tax exempt purposes at this point, however. But this project would be the tax would be correct. Does that answer your question, Comm.

00:45:57,530	Risch? OK, um, I think we’ll go ahead and open the public hearing, um, at this time it is public hearing on the request for ordinance 90 or 6590 zoning map amendment, um, I just had one quick question if these buildings were in the cathedral district. Yeah What you just. If you’d like, Madam Chair, I can answer that now.

00:46:24,570	So, uh, that’s a great question, uh, that actually the cathedral district, these are outside of the cathedral district boundaries, um, so that they’re not within the historic historically designated cathedral district. Matt, if you can just state your name for the record too. I know who you are, but yeah, I was just wondering in case of, you know, historical integrity or further. Committee’s had to get involved, so thank you. Thanks. Second call for public hearing. 3rd and final call for public hearing.

00:46:47,900	Public hearing is now closed. Uh, commission, we have further questions or? Moved to approve as presented. Second, and with a little bit of discussion. Is anybody being displaced from the structures that are being torn down. Oh man, I’m sure, uh, Comm.

00:47:13,430	Connelly, I actually don’t know the, the vacancy status of, of the homes that are being removed, so I, I can’t answer that question. OK. Um, Somebody might be able to. I know the area. I believe one of those may actually be occupied by I’m not certain who the residents are, but I know they’re occupied probably by the individuals for the sister will know.

00:47:39,000	Um, Long story short, so we live in one of them, the one house that’s tax exempt. And then the two other ones are rented out by the diocese, so they’re like college students. That they have been informed that the their contract will be over come June of next year.

00:47:56,130	I was a college student that lived across the street from these houses, so I know the area, um, OK, does that answer your question? Yeah, I appreciate that. What’s the one person talking about a loss of affordable housing.

00:48:16,370	There’s been other projects to where it displaced people in a way that they didn’t have a replacement home, so it’s a good clarification to make, especially for such a good cause. Yeah, thank you. I guess I will just add for sake of discussion, uh, thank you for answering your question, um. Uh, I’ve had a couple of citizens contact me about it, um, one that I think sent us all information. I don’t think that was just sent to me, but um.

00:48:40,430	That a few people with the concern that this has happened a couple of times and then I don’t know if you want, if you can speak to that. But as Comm. Risch pointed out, It’s Whether these were now tax exempt at a certain point they weren’t, at a certain point they were single family homes that were owned by citizens that were

00:49:01,730	paying property tax and When purchased by the diocese and used for certain purposes, they come off of that property tax roll, uh, I feel like we’ve had a lot of discussions on affordable housing and concerns about property tax and how the infill redevelopment plan.

00:49:26,800	Assists and promotes ways to fill in to help grow property taxes and so as much as I can appreciate the purpose of the project, I think that We’re a little remiss to not even mention. The downsides to it, I guess I would just like to add, um, understanding that. A lot of the exemptions are written into state law.

00:49:52,670	It’s a kind of a blanket exemption, um, not something that we have any control over, and we don’t really have the ability to Stop tax exempted organizations from buying more properties, um. But Ben just All of those single family homes were at some point paying property tax even if they aren’t now, correct? Uh, thanks for that, uh, question, Comm.

00:50:20,800	, uh, Cleary, um, I, I can’t confirm the, the total history, but, but I can confirm that at least 2 of those are paying property tax right now. It is conceivable that that all five of them were at one point, but I, I don’t know the, the, the ownership history dating back to the time of construction, and most of those

00:50:38,330	homes being replaced or constructed in the 1920s and 1930 time frame, so it’s, it’s likely that. That is a a statement that that is true, so. As a child of the neighborhood, and I could concur that they weren’t always diocese owned, but um, I think that it’s just a point of reference.

00:50:59,730	I don’t know if there’s any, you know, I mean, obviously we’re dealing with a state law of Tax exemption, so whether it’s a loss in property tax dollars or not, um. I just I think there’s a point to be made there, uh, Comm. Risch.

00:51:21,070	Yeah, Madam Chair, just to follow up on that just today I was reading through the state entry code 13 pages of fine print on what property we cannot tax. One example is the Stockman’s Association built a new building in Bismarck, great organization. I don’t have anything against them, but they’re not. I, they’re not on the property taxes, so it’s a concern if we want to deal with property taxes.

00:51:41,900	We need as much property on the tax rolls as we can keep on the tax rolls, and I’m not opposed to this event, this project. It’s just, it’s just a concern I keep hearing as well.

00:52:00,070	Yeah, I don’t disagree with you, um, but again, like that might be more an issue with the state law than an issue with the project, um, but I mean, I think it’s fair to Discuss it. So Thanks, Ben. Any further discussion. If not, uh, go ahead and call the roll. Comm. Connelly, Mayor Schmidt. Yes. Comm. Rich. Yes, Comm.. Chair Clery, yes. Uh right.

00:52:47,070	All right, next is item G, public hearing on ordinance 6591 for the Bismarck code of ordinances related to lock coverage in the R5 residential zoning district. For, uh, good evening, uh, Chair Cleary, Mayor and commissioners, the community development department is requesting approval of Ordinance 6591, which is an amendment to Section 14-04-03 of the Bismarck Code of Ordinances related to lot coverage in the R5 residential zoning district.

00:53:16,870	The proposed amendment would create an administrative approval process to increase the lock coverage in the R5 residential zoning district from a maximum of 30% up to 40%, um, provided a surface study of the property in vicinity is prepared and submitted for review.

00:53:39,000	The purpose of this amendment is to provide flexibility to property owners while still ensuring that the intent of stormwater management plans of those areas are met. Uh, stakeholder group comprised of members of the development community and city staff met on July 18th of this year to discuss existing development concerns related to lot coverage um requirements and to suggest changes within the specific zoning district, um, the administrative approval

00:54:02,870	process would be eligible for lots in subdivisions that have already had a post-construction stormwater management permit, um, and this would limit, uh, this option to lots where The site’s stormwater management has already been reviewed by the city engineer.

00:54:26,800	Um, this administrative approval process would, uh, require a surface study indicating and continuing at a minimum a narrative explaining the increased lock coverage, a scaled survey of the proposed lot coverage and an exhibit and analysis of the lock coverage and drainage path of all other lots in the stormwater subbasin, as defined in the uh post construction for modern management permit of the site.

00:54:48,730	Additional off-site or onsite storm monitor or drainage easements or an updated and approved post-construction stormwater management permit may be a requirement of approval, as determined by the community development director and city engineer through this uh administrative approval process. Um, and as part of this approval process, uh, community development staff would also create an administrative process, uh, to manage that review, um, as well.

00:55:14,930	Uh, all public meeting and notification uh procedures for this request were met as outlined in the Public engagement section of the staff report, um, for this project.

00:55:33,730	Uh, you did consider, uh, and call for a public hearing at your October 8th meeting for this request, uh, a notice was Published in the Bismarck Tribune on October 11th and 18th. Um, the Bismarck, uh, planning and Zoning Commission held a public on this item on September 25th and Union unanimously recommended approval of it. Uh, to my knowledge, staff has not received comments regarding this request.

00:55:57,600	Um, this request was evaluated according to standards uh contained in the comprehensive plan, Bismarck Code of ordinances and relevant state law, um, amendments to this section of the zoning ordinance have been made regularly in the past for various reasons, um, conditions have changed but justified the proposed revision.

00:56:16,800	As a result of all findings contained in the staff report City Bismarck staff find that the proposed amendment to the zoning ordinance would not adversely impact the public health safety in general welfare and is consistent with the. Comprehensive plan, Bismarck Code of ordinances and relevant state law.

00:56:40,330	The forest A and the Planning and Zoning Commission recommend approval of an amendment to Section 14-04-03 of the Bismarck Code of Ordinances related to lock coverage requirements in the R5 residential zoning district, as outlined in Ordinance 6591. Do you have any questions for me at this time? Any questions for staff? Doesn’t look like it. Thank you. This is a public hearing on request for ordinance 6591. Hi, uh, Mayor, Comm., uh, my name’s Corey Knutson with Knudson Holmes.

00:57:11,930	Um, I guess I’m just here just to kind of uh. Um, Speak on my behalf as a builder. I’m homeowners that I work with as well, you know, the 30% coverage is. Um, sometimes difficult to reach, you know, architectures changed, lots sizes have changed. I just, I feel it’s time to pivot and make a change on things. Um, this is a start.

00:57:34,000	I know there’s some obstacles. There’s some admin work and um it might not work out all the time for everybody, but um I think anything to try and give a little latitude to um to building can be beneficial and helpful, um.

00:57:51,070	Yeah, I know we talk about, you know, a little bit more density um as a builder, a lot, you know, well, cost of everything, dirt homes has gotten more expensive, so there’s just one thing that can uh help with that. Uh, any Questions. Doesn’t look like it. Thanks, Corey. Cool. Second call for public hearing. Third and final call for public hearing. Hearing and seeing none, uh, public hearing closes.

00:58:24,030	What are the wishes of the commission? Moved to approve is presented 2nd. Uh, we have a motion in a second. Any further discussion? Commissioners, I just think 30% seems really restrictive, so I think this is a meaningful step forward to allow people to build on smaller lots and bigger homes and things of that nature.

00:58:49,570	I think too, um, with speaking to staff cause the lot coverage for R5 is 30%, lot coverage for our 10 is 40%, so when you’re doing a development.

00:59:10,970	And then getting it zoned R10 just for the lock coverage, but then only wanting single family homes, it kind of changing this, I feel like eliminates that juggle of zoning, so, um, I think that that’ll help that too, so. Oh, and we were just mentioning in the last item as far as revenue for the city and things, regardless of what that looks like in the future by adding that density increases values, so.

00:59:32,430	With no further discussion, go ahead and call the roll. Mayor Schmidt, Yes. Missioner Risch, Comm. Zenker. Yes, Comm. Connelly. Chair Cleary. Next is item H public hearing for the 2024 special assessment districts and confirm the assessments as amended. Um Dmitry, is this yours? OK. All right, we’ll go right into the public hearing, um, First call for public hearing. Second call.

01:00:12,270	Third and final call for public hearing. Seeing none at this time of the public hearing, um, is now closed. What are the wishes of the commission? Questions were staffed Madam Chair, I just want to confirm the reason why we left this open where some. Legality issues and that’s all been addressed and covered. Perfect.

01:00:32,570	With that, I’ll make a motion to approve. Second, Of a motion and a second to approve. Any further discussion? I’ll go ahead and call the roll. Comm. Risch. Yes. Comm. Zinker. Yes. Comm. Connelly, Mayor Schmitz. Yes, Chair Cleary, yes. Consider the request for to authorize the issuance and award accepted bids. Uh, I I, this is Dimitri.

01:01:09,600	Madam Chair Cleary, and the commissioners, mayor, thank you for having me this evening, um, we, this is just our annual, um, uh authorization because what happens is the construction of the of the uh roads and improvements happens, um, the year, the year before and then the following year the city finances those that construction in the following year we issue the special

01:01:31,800	assessment bonds, um, this is just the sale of the bond, um, we use Colliers International to. To our sale and um they put it out to the market for to obtain the best possible bid for the two bonds, um, and so, um, I have, uh, John Lundby from Colliers National here to present to you the bid results

01:01:52,070	and uh discussion of any questions you may have. Thank you, Dmitri. Good evening, Madam Chair, Comm., mayor, uh, pleasure to be with you all again here tonight. Again, I’m John Lundby with Colliers here in Bismarck and I’m here to present the results of the public sales we conducted this morning, uh, first for the refunding improvement bonds of

01:02:10,800	2024, Series T, which is an issue, uh, for permanent financing of 7 improvement districts in addition to paying cost of issuance. Uh, we’re very pleased with the morning sales. They went very well with all recent turmoil we’ve seen in the markets and thankfully a reduction in rates in the last couple of weeks.

01:02:26,270	Uh, the winning bid for the, the rib issue was a true interest cost of 3.323% of the city on a 15 year maturity. These bonds are callable in 8 years of 2032. The final paramount of the issue was $12,955,000 as shown in your updated resolution.

01:02:45,530	Uh, for this sale, we saw 7 bids from across the country, firms located in New York City, Chicago, Milwaukee, Cleveland, Dallas, and Pittsburgh. Uh, it was a strong response from the city, a strong response from the market for the city and tight competition across those bids, and it, uh, it just speaks to the strength of, of Bismarck.

01:03:04,530	Uh, the second sale was for the sidewalk curb and gutter, uh, warrants the series SCG 2023, which was permanent financing of one district in addition to paying cost of issuance. This being a smaller of the two issues, it carries a 10 year maturity, uh, one bid was received at time of sale and the winning bid for that issue resulted in a true interest cost of 3.603%.

01:03:22,930	These bonds are callable in 6 years or 2030, and the final paramount of that issue was 1.9.

01:17:20,200	Any other questions? What are the wishes of the commission? Well, I’ll, I’ll, I’ll move approve as presented, but I’d like to talk about it a bit. So, OK, we have a motion in a second and discussion. Well, I think Bismarck needs to get on board this train. This is exciting news.

01:17:46,400	Um, I was working on the railroad when we lost Amtrak the last time. It was a, um, old beat up equipment, um, Amtrak came through here daily for a while, then towards the end they were cutting costs and they went to 3 days a week. Of course nobody can make that work and nobody can make that work.

01:18:02,930	So this is a whole different, this is a whole different prospect. This is twice daily service through Bismarck and Mandate. We can have. Mandan stop, a Bismarck stop, or one or the other, twice daily service in each direction, brand new equipment, Wi Fi, uh, dining car, sleeping cars.

01:18:23,200	This is over the top and this would be a great contribution to our community. I like trains. I was a railroad engineer for 30 years. I ran the Empire Builder and I’m currently a volunteer engineer at the Dakota Zoo. So I think this is good for Bismarck and I might be a little prejudiced in favor of trades.

01:18:39,800	I might not be as biased as you, but I do, I do think that uh it is, it would be really cool to see passenger trains back in Bismarck, so I definitely don’t disagree, um, and I think like the tourism aspect of it, um, could be super beneficial too. Well, go ahead, Mr. Mayor.

01:19:02,200	But what this membership will get us to learn what it is the community. needs to do or can maybe get access to for funding to help support the terminal that we’ll probably need within the community somewhere..

01:19:23,000	11 city or the other, I don’t, I don’t know that they’ll stop in both, but they might, um, but at least we’ll know what funding sources might be available and how we can approach. Well, getting that terminal established when the when the service starts to come through. Right, I think that at least. In my opinion, it would be good for the city to be a part of that discussion and.

01:19:46,930	Um, historically, the, um, stopped at both Mandan and in Bismarck, and when I was operating the Amtrak on the northern route. If you stop the mine out that was a crude change point and fueling and all that. That was a long spot. If we stopped at Rugby or Stanley, we may be stopped for 7 minutes and you could get changed passengers and whatnot.

01:20:03,100	So there is a concern if we have it in Bismarck you might block a crossing, but if it’s for 7 minutes, that’s, that’s pretty minuscule. You get these 2 mile an hour, 2 mile long trains coming through.

01:20:19,600	Bismarck, it takes way more than 7 minutes for one of those to go through at 25 miles an hour and not to mention two or 3 Tuesdays ago they tied the train broke into 4 pieces and tied up our whole city for 4 hours, so I think it’s really possible that we could get a Bismarck spot, stop, and a mandate stop and make it all work. Yeah. Any other discussion? There’s a subcommittee, you’re on it.

01:20:46,200	I, I agree, uh, OK, go ahead and call the roll. Comm. Risch, Comm. Zenker. Yes, Mr. Connelly. Mayor Schmidt. Yes, Cleary, yes. All right, I L. Consider the request to discuss the garbage collection survey results and determine the direction of residential trash collection and the options for the collection of extra items. Steve, it’s been. A long time.

01:21:22,530	Come in, come in for this. Or it feels like it to me, maybe, maybe not to everybody else. Good evening, Madam Chair, Mayor, commissioners. It, it has been a while. So a little bit of background um history. is, you know, back in February we had um presented. Um To the then commission.

01:21:55,130	Uh, and some challenges that the landfill operations or the primarily the, um, the trash collection operations we’re going to be experiencing the very near future. Um, at that time, we presented that 5 of the 8 multi-pack trucks have exceeded their useful life and we’re ready for a replacement.

01:22:22,930	The, um, we also were notified that the manufacturer of the multi-pack trucks discontinued manufacturing of the the multi-pack body and so we were no longer able to purchase those trucks. Uh, to date, we have received 2 replacement trucks and so we do have those in the fleet and they are operating. Um, most weeks.

01:22:48,070	Uh, we are expecting 2 more trucks to be delivered um in the January, February time frame of 2025. And then we expect 2 more to be delivered somewhere at the end of late 25 or early 26. So just for everybody’s information, um, the photo that you have in front of you is a picture of the multi-pack truck.

01:23:16,970	Um, the multi-pack truck has the arm on the front that picks up the the cans, typically the 96 gallon residential can. But it also has the open back end so any extras that are placed beside for collection can be thrown in the back end of this truck.

01:23:41,530	Now I know there’s a lot of misinformation out there on social media that the city ordered the wrong trucks and um that is not the case. The case is the manufacturer does not manufacture this truck. They no longer manufacture it. Um, we reached out to the company and they verified that yes, we do not, we do not manufacture this anymore, um.

01:24:04,930	They did not indicate if they were planning to bring them back or not, but just for the record, we are unable to purchase this multi-pack body. So with that, um, the ones that we are able to purchase are the ones that have the side arm only. Now, um, just for clarification purposes. We can order the trucks with the side arm.

01:24:31,700	We can order the trucks with the rear load, but we cannot order the trucks with the side arm and the rear load. That is the multi-pack that we are talking about, so I just wanted to clarify that.

01:24:50,800	So the photo that you see in front of you now is a picture of the, the new truck that has the side arm only, as you can see, there’s no way to put in the extra. Trash easily um into this type of a truck. Uh So where we at today is uh currently the two replacement trucks are shown on the bottom. Is number 7 and 8. they have, they were put into service.

01:25:14,500	One was in February and the other one came in April. We have. 2 that are scheduled for replacement in the February time frame, um, one has 12,900 hours. The other one has 11,800 hours both scheduled um due for replacement.

01:25:42,470	And then we have 2 more scheduled to be arriving at the end of 25, early 26, depending upon the delivery available availability from the manufacturers. And then we do have 2 more that would be scheduled maybe late 26th, early 27, that is gonna be dependent upon the number of hours that they have on at the time will be dependent when we replace those. So in the very near future, um.

01:26:06,130	We are half of the Uh, the fleet will not have the multi-pack capability and then sometime in most likely the end towards the end of 25,, 3 quarters of the fleet, um, will not have that multi-pack capabilities. So back in February, you had to ask that we develop a communication plan. And communicate our challenges to the citizens of Bismarck.

01:26:29,830	Kaylin Ot um did a great job of doing that. Um, you also asked that we develop a survey and get feedback from the public on various options moving forward. And that survey was developed, was sent out, and I’m here tonight to present those, uh, the results from that, from that survey. So the survey ran from August 9th through September 16th. Of of this fall.

01:26:56,530	Um, we, we put the information out there, um. To, um, to our residents. Uh, we put a public release out of, um, a press release out to the public, letting them know that the survey is out there.

01:27:26,200	We also put it out on social media, including Facebook, Instagram, LinkedIn, um, we put an insert into our. Monthly utility bill. So when everybody opened up their utility bill, they saw this survey notice and they were able to um either there was a QR code on this survey that if they scanned it with their phone, it would take them directly to the survey.

01:27:46,930	There was also a a UL URL, um, address on there that they could type that into their computer and um take the survey. Uh, we also put it in the noteworthy news on the utility billing. So, um, we tried to identify him. That way And we also placed it on the front page of our of the city website.

01:28:10,530	And so we, we tried to capture most people as best we could. Um, in addition, we realized that not every citizen has computer access or. A smartphone So we also Allowed them to call into public works and request a paper copy of the survey.

01:28:34,230	Um, those that did, we mailed them out a paper survey they could fill it out and get it back to us. We received what we believe is a tremendous response. We received 3000 electronic surveys. And 59 paper surveys returned back to us. And so, um, we feel that we got a very representative sample from across the, the city of what the, what the desires are.

01:29:04,670	So question one we asked what is more important to you? Keeping the costs of garbage collection lower. Or being able to place unlimited extra garbage out for weekly collection. 71% responded. They wanted to keep the. The cost of the garbage collection lower. Question two was how often do you place extras beside your 96 gallon can for collection.

01:29:36,130	5% responded that they do that every week. 8% so they do that every other week. 14% said they do it once a month. And 42% responded that they do it every few months. 32% responded that they never put anything out for extras. Then question 3 should folks that place Extras beside their 96 gallon can.

01:30:08,630	Should they pay more than those that do not. 54% responded, Yes, they believe that those that put extras out there should pay more. Um, 46% said. That You know, everybody should basically pay the same. Question 4 was when you place extras beside your 96 gallon can, what type of trash is it most often? 17% responded that it’s grass.

01:30:41,130	28% said it was extra household garbage. And 55% said it is bulky items, bulky household items that don’t fit in the can. And question 5 asked how do you primarily dispose of your grass clippings. 34% responded that they mulch them so there’s no need to dispose of them. 49% said they recycle them at the city grass collection dumpsters.

01:31:13,100	9% said they place them at the curb beside their 96 gallon can. And then 8% responded that they placed them inside their 96 gallon can. So the question 6 asked them if you were given the following choices for garbage collection, which one would you choose? And 10% responded that they wished for us to continue the collection

01:31:48,930	of extras by running a second truck through the community. Um, with a 2nd crew to pick up those extras. 5% responded that um. No longer pick up extras. And that residents could take any extra trash that they have to the landfill and dispose of it on their own.

01:32:14,470	8% responded that, um, we should no longer collect extras, but residents could purchase a special bag from Public Works, um, for. An additional fee. 17% responded that no longer take extras, but if you needed an extra can, you could get an extra can for a reduced fee. And then 59% responded that.

01:32:49,930	Implement options B all of options B, C, and D, which gives everybody the choice. Steve, can I just stop you real quick just to because uh in this presentation, the question or the answers kind of get cut off a little bit, but, uh, the survey did a really good job of explaining like if you were choosing a.

01:33:12,130	The, the price of garbage would go up if you wanted that level of service and so in the parts that are cut off on the on the options, it does, it wasn’t, it was very clear if you were choosing which ones you were choosing would would keep.

01:33:28,830	That that level of service would keep the price same or similar that some would come at an increase because obviously running a second. Team would increase the rate that we have to charge for garbage. So even though they’re trimmed off in our Presentation that it was very clear in the survey. Madam Chair, correct.

01:33:50,700	Um, so for item A, there was a note in the survey that said this option is expected to double the current garbage rates. And then the other ones had a note that this option is expected to keep the garbage rates about where they are at today. And so, um, when you go back to item number one, which was most important.

01:34:19,070	71% indicated that they wanted to keep the rates lower, so, um, I Choosing this option for option E, it did, it didn’t surprise me that because most people wanted to keep their rates a little bit lower. And then question 7, we asked, we kind of wanted to get everybody’s opinion is if the city offered a to pick up bulky items such as mattresses, couches, or appliances for an additional fee.

01:34:48,270	If they would be interested in utilizing this type of service. And 62% responded that yes they would be interested in this type of a service and then 38% indicated that no. They would not. Hm So in summary. 70%, 71% of the residents responded that they would want to keep the. Garbage collection rights. Lower.

01:35:23,930	68% said that they have placed extras beside the garbage can for collection at some point in time. 54% said that. Uh, the people that place extras out. For collection should pay more than those that do not. When asked what type of items that they put out for extra items they put out for collection.

01:35:48,100	Uh, 55% responded that it’s bulky items that don’t fit in the can. 28% was extra household trash and 17%. said it was grass. When asked what type what they do with their. The grass, 83% said they either recycle or mulch it. 9% said they placed beside their can 8% said they placed it inside the can. And.

01:36:19,000	90% preferred one of the various options. Where you could either purchase the the bag. You could Have a purchase a second can, or you could take the extras to the landfill on, on your own. So when we say purchase purchase a special bag. What we’re talking about is basically just a. Similar garbage bag like this.

01:36:42,570	This is a 33 gallon bag. Which would have the city of Bismarck logo on it. And the bag would be a special color. This is just a sample that they had sent us. And it’d probably be most likely some neon color so we know that it’s a special purchase bag.

01:37:05,930	Um, purchase some probably starting off at public works, possibly the city county building. At some point we would like to try to um expand that if. If we go this route to see if we could get them into some of the Um, Um, retail areas, you know, the, the grocery stores and to make it a little bit more convenient.

01:37:28,400	I don’t know if we’ll be able to do that or not. That’s an option that we’d like to pursue if, if that is the case. Um, but. So, um, Re recommendations on moving forward. Is given that the the results of the survey. Um, it would be. Public works recommend. I’ll stop. Thanks, Madam Chair and Steve.

01:37:59,900	So you showed that little plastic bag there. So, and you, we’re not gonna, if this goes through we’re not gonna run a second truck. But we’re gonna have a bag next to our 96 gallon garbage can, right? So what are they gonna do with that bag? Madam Chair, I mean, what are the, I mean, what’s

01:38:20,670	the problem Comm. Zinker, the process for that is we expect there would be a lot fewer bags. So what the process would be is the, the truck would come down, they would dump the 96 gallon can, then the driver would have to get out.

01:38:39,400	Put that extra bag in the can, get back in the truck, and then dump. That extra bag So there’s an extra process. It’s going to take more time and that’s where the, the extra fee for that will come in, it will be for that their time now. You’re probably thinking, well, why couldn’t we do that with everything? Is it obvious? Very perfect, but 50.

01:39:08,200	5% said they were of the respondents said the items that they put out there are bulky items that don’t fit into the can. Only 28% was household trash. So we anticipate that the only thing that people would use the bag for would be the household trash.

01:39:29,230	On those special occasions that they have the extra items that they need to get rid of. Got you. OK. Just to elaborate a little bit on it within our discussions when we were making the survey with Toby and with Jason. It’s like I think when we were trying to give people options. The, the trash, the extra special trash bags are for people who have extras.

01:39:52,570	But not super regularly, so they don’t want to buy a second can and pay for a 2nd can year round because they don’t, they have extras. Once or twice a year when they’re cleaning out their home or whatever it might be. And then the second, the additional can is more for the people who have extra.

01:40:11,070	Extra trash all the time, where the fee makes sense cause they don’t want to be always buying those bags, so I think with the survey, it was kind of trying to figure out.

01:40:28,130	Do people think we need both options? Is there one version that makes more sense and it seems like people want us to try all of the options, uh, based off the results, um, which I think would be fine cause I feel like the second can is a good fit for some people, the extra bags is a good fit for a different type of consumer, so. I don’t know. It’ll be, it’ll be interesting.

01:40:46,470	There’ll be a learning curve to, to that concept because they’re used to having a second person doing that stuff, so. And the one thing about this is those that don’t produce. Anything extra? Wouldn’t have any extra costs. It’s only those that. Have the extra amount that are out there would they would incur a little bit of extra cost.

01:41:09,800	It’s more along the lines of um similar to water rates if you use more water, you pay a little bit more here if you dispose of our. Garbage, you pay a little bit more. So it would be, it would be this along the same lines. So given that, um.

01:41:32,900	It would be Our recommendation to Implement option E. To give The residents the option. if they need the extra can, they could get one at a reduced rate. Or they could buy the, the bag for that occasional time when um they have a company home at the holidays. Or um if they so choose, they could take it out to the landfill on their own.

01:41:58,430	And so it really um gives them those different options. And then The other recommendation would be to implement the Special pickup service kind of on a trial basis. We don’t know what kind of response we’d have, um.

01:42:24,670	But a majority of the folks indicated that they would be interested in that and so, um, we thought we’d try to put together a process to do that. Right now, we are looking at. Kind of a prepay or if they have something they balk at them they need picked up, they’d pick up the phone, they’d call in, um, we would most likely take a credit card over the phone.

01:42:43,200	We would schedule the pickups most likely for Wednesday afternoons. Um, The rest of the days are very full, we don’t have the extra staff. Wednesday is a little bit lighter on a collection day. So we feel that Wednesday afternoons is when we could probably spare some people to do this.

01:43:05,270	And so, um, right now we would propose to try it. Um, On the Wednesday afternoons on a kind of a trial basis if it’s. Heavily utilized, um. Then we would know if it’s hardly anything anybody use utilizes the service. Then we’d come back and and we’d have a discussion. Um, There, there are challenges, Comm.

01:43:31,830	Risch has a question, Madam Chair, Steve, so if we approve all this tonight, when does it actually take place? We still have some trucks that have the uh dual purpose ways in which in putting garbage in. Do we wait till the trucks are phased in, or do we start doing it as the trucks come along, Madam Chair, um.

01:43:51,600	Miss Risch, it would be my recommendation that we would implement this starting in 2025. So, um. I had, you know, January 1, 2025 in my. In my mind, but if there’s a different date that you feel would be better to to implement it, um. We’re open for that.

01:44:14,730	And that’s really, um, we’re here to, I’m here to present and um. Kind of present the, you know, the findings and then look for some direction from you on how to move forward. Um, one of the things that We see as challenges is right now, the, um, some folks do have a second can. Um, unfortunately, we don’t have a real good mechanism of tracking that.

01:44:41,200	So The cans do have a serial number on them. But we do not have the serial number tied back to a particular residence. So we would have to go and um try to survey, um, which resident has, which serial number can and we’d have to put that back into our database that would take us a little bit

01:45:01,270	of time. Um, We do know in the notes on which people have the second can, but it’s in the notes and there’s no way of, um, Kind of thumbing through that and pulling out a query that says, OK. These lists here have have two cans, the rest of you just have one.

01:45:22,800	Um, there’s not a whole lot out there, but we do know that certain uncertain residences do have currently have two counts. Uh, right now, those residences do not pay for that second can.

01:45:45,800	Um, We If if people put extras beside the can we just pick it up, so we didn’t feel that we could charge them more for the second can, making it more convenient for us just to dump the two cans versus going and having someone throw that back into the back of the truck. So those are the reasons why some have two cans, but they, they’re not charged for it currently. Um, the, the billing, um, there could be some challenges setting that up.

01:46:09,330	Um, Indicating who has that second can, um, it’s, it’s a change. Um, can we work through it? I, I believe we can, but there are going to be some a little bit of growing pains um in the initial setting everything up, making sure that we’re tracking everything accordingly, um.

01:46:28,000	I think we can overcome that, but there will be some growing pains there. And of course there is going to be some extra costs associated with purchasing the extra cans. And so with the recommendations that I bring with implementing option E. I also. bring to you the option of if we could get the presentation back up again. A recommendation that.

01:47:01,730	Um, If we do implement option that we do utilize the 33 gallon. Can Or bags and that we would sell them for a fee of $2. Uh, that would be our recommendation of what we kind of feel would be reasonable to pay for the service, pay for the extra bags. The 2nd can.

01:47:29,400	We believe probably would be half of the cost of the original can. We’re already in the neighborhood. Already picked up the first one we’re going to move 4 ft down and we’re going to pick up the second one. It’s primarily paying for the disposal of the, of the trash that’s in that can is what we’re trying to recoup.

01:47:49,670	The We go ahead. Uh, Madam Chair, Steve, so you got dollar amounts for everything, but you don’t have dollar amounts for the second can. What, what is that second can charger here. Currently it is. The, um, I haven’t half the cost of the original can excluding the curbside collection recycling fee. Currently it’s 16.

01:48:17,500	66 Yeah that’s the current one, so it would be it would be $8.30 $8.33 would be the cost for the second one, for the 2 can, yes, so basically $2 a week.

01:48:37,730	So very similar to how we came up with the cost of the bag is if you throw one bag out a week, it would cost you an extra $2. If you have more than that, then you’re actually getting a better deal by doing but you gotta buy the bag for 2 bucks because you already paid for it.

01:48:55,330	So Christmas, Thanksgiving, those types of things where you typically see, well, in my neighborhood, I guess you see excessive or extra garbage, I shouldn’t say excessive, that’s a poor word, extra garbage, um. As long as you pay the $2 per bag, you’re not gonna get another charge on top of that, correct, right? OK, perfect.

01:49:10,230	Thank you, sir and you don’t have to purchase the bag if you’re purchasing the second can unless both of them are full. So in theory, it’s like say you need 4 extra bags of garbage, 11. You know, cycle of garbage a year just for one of annual events you have 4 extra things and it’s like you pay the $8 for the bag instead of paying $8 a month extra for the can that you’re not filling up

01:49:33,430	versus if you’re filling it up all the time, it’s probably more effective to pay for the extra can versus buying bags all the time, correct? OK. Um, the other thing that um I’d like to recommend would be that if someone wants a second can. That we would charge them a one-time fee of $50.

01:49:54,030	Which would be. A delivery fee for the can, but it also helps offset the cost of that can because we have to, um, these cans cost us in the neighborhood. 60 $60 or so in that area. And so it would take.

01:50:15,470	Quite some time by the time you figure out the disposal in the um. To recoup the cost of those cans. So we’d like to see a one-time fee of the $50 for the can. And then.

01:50:32,670	I would also like to see him sign up for say a minimum of, of one year that you’re not gonna get the can and then 2 months later I’ll come and pick it up. To kind of curb some of that, so. Um, And I was doing the math. I was, I, you don’t want us to just call it November 1st and you come and get it February 14th type thing. I mean, we’re trying to avoid that, um. But Ultimately, This is a recommendation.

01:50:59,770	On I have to wear two hats. I have to wear a Citizen hat and I wear my public works service operations hat. And I’m, I’m trying to balance everything cause I’m also a participant in the program. And so I’m, I’m trying to do things as reasonable as I can, but. This is a business.

01:51:20,770	It’s an enterprise fund that. Has to pay for its own services, so like I said, I’m wearing two hats and I’m trying to do the best that I can to balance things and keep things as reasonable as we can for the vast majority of of the people and most people, if they don’t have the extras, won’t see any

01:51:37,100	extra cost. Then the last recommendation that I had was on the special collections. Um, Uh Looking at we were looking at a $20. Pickup fee plus the cost of the disposal for the item that you’re disposing.

01:52:06,000	So, um, we have a fee schedule at the landfill for a mattress is a coach is Y an appliance, a refrigerator is the, um, so it would be a. A collection fee of the $20 plus the cost of the item that you’re disposing of. Now In driving around the neighborhoods on certain days. We thought we’d limit that, the $20 pickup fee too. 5 items.

01:52:33,130	Anything beyond that, then it would be another collection fee because we’re not here to have someone clean out their entire house. Um, There’s companies out there that, that take care of that. This is more of a convenience that if you have an item or two that we would come and pick it up and so that would kind of be our our recommendation.

01:52:52,400	Now We will most likely probably lose money on that $20 fee. Um, depending upon. How utilize the services. So if we are driving from the landfill up to northwest Bismarck for.

01:53:13,730	A one item and then driving back the time it takes to drive there and the time it takes to drive back, we would most likely be losing money on that transaction. However, if there’s multiple pickups. Along the way, then we may not lose as much. But we didn’t look at this as. And a revenue generator, more of a.

01:53:40,430	Um, a service that we’re offering and so it’s the, the fee would offset some of the costs associated with the service, but it probably won’t fully pay for the service. And then like I said. We’d like to do this on a temporary basis or a trial basis to see how it works, how. Um, The community responds to it and. Kind of go from there, make it, you know, if uh.

01:54:02,970	If there’s a permanent a good response to it, then we’d come back and then kind of present how it, how we see it working, um, and kind of report back. Um, but like I mentioned, there, there would be some growing pains as far as the billing.

01:54:21,000	I’m getting all of that set up, but um, I, I am confident that we can work with utility billing and work through those challenges to uh to get everything set up so it’s seamless for the, for the residents. Uh, Comm. Connelly. Um, Appreciate the presentation first of all, um, I never did hear.

01:54:46,530	I was the one that responded to most of the social media comments and took a lot of heat for it, um, but, uh, never did hear the comment that we ordered the wrong trucks. A lot of people searched online and they could find, well, we can get the multi-pack and I did the search independent of that and called through the channels and we got a blanket email that somebody from the city was making calls and Um, basically the manufacturer

01:55:07,070	confirmed what you said from the original presentation. And that’s a good way to go about things because if somebody goes independent and comes up with the same uh information that was originally presented, uh just reinforces the due diligence was done, um. And the company basically they’re holding onto the patent.

01:55:29,800	They’re not going to sell it to somebody else. Nobody else can produce the multi pack, so, um, I asked them multiple times, different ways is the same question, and then it came down to the same one they’re not going to produce it and it’s gonna be offline for a long time.

01:55:51,730	Um, as far as some of the things, uh, in the comments back and forth, there was quite a few people that did not like the second bag option that a live in communities that had the second big option. Um, What I would say is that the survey was good. I love the response, the it’s probably I’ve seen a lot of surveys.

01:56:10,470	It’s probably the highest response for surveys out there, but I would say, can we table it until the next meeting to allow the public a little bit of time to digest all of this information so they can have another opportunity to come to our public comment and give us feedback because we’ve come out of the gate before on other

01:56:30,130	issues when I was both here and then. Ones that I was the citizen and things to where um. The response was a little bit harder in the conversation took a little bit longer and we’re still kind of adjusting to those things, but it would just give the citizens that extra um.

01:56:49,400	Mm Extra ability to kind of digest it and then maybe we get some good feedback and in the meantime, then you would be able to come up with the itemized list of all those recommendations like the $50 fee, this packet you just gave us, that portion wasn’t in there.

01:57:04,930	So even if somebody looks it up through the agenda if they miss that part of the commentary or they don’t listen to the video, that’s gonna get missed and then they’re gonna ask us where did that come from? So if we could add that into the itemized list so when it comes up on 2 weeks from now the agenda item, um, everybody, it’s being transparent.

01:57:23,000	It’s something that everybody could respond to, and I’d just be open to thoughts on that. Um, I’m perfectly fine with, I think we have time to table it and give citizens the option to either, uh, reach out to myself or to public works if they have like further comments or maybe they didn’t fill out the survey,

01:57:43,430	but they want to talk about it now, um, I think that that’s fine and it’ll still give us enough time at public works to to move forward with whatever is decided, um.

01:58:06,000	As far as the trucks go, I think that what most people were seeing online too where used vehicles, things like that too, um, not necessarily like brand new ones for sale, um, and I think Kurt would tell you that we’re not going to be purchasing the used multi-pack trucks, um, but.

01:58:25,200	Uh, just to the last point of the, the pickup and potentially not being like a money maker, I think that one of the bigger concerns when we started talking about not being able to take extras, not being able to pick up bulky items is those citizens who they don’t have access to a pickup truck. They don’t have the ability to go out to the dump, that sort of thing, just making sure that there’s.

01:58:41,530	An option for them out there, even if it does have a fee attached to it so that they still have some version of that service, so they’re not waiting for cleanup week all the time if they like have something they need to get rid of but don’t have the ability to do it, so I do think it is necessary, um, I think that we’ll have to

01:58:57,300	kind of test it out and see how responsive people are to it, like you said, Steve, it it it might be something that gets utilized a lot, it might not, and we’ll just have to see how that goes, but I think it is necessary to have it as an option to start.

01:59:17,730	I agree with Comm. Connelly. We should probably table it until the next meeting and I’ll allow Public Works to come up with a definitive, uh, list of the charges and things and we can address it then and you should still be able to make it work for January 1st even if we don’t approve it till the next

01:59:33,200	meeting. Don’t you think, Steve? I, I would think so, yeah. OK. And to back that up too when talking with manufacturer and things, uh, like when you mentioned they used online and things, it’s not only the vehicles, they don’t really want to make the replacement parts for fixing the vehicle.

01:59:52,030	So that would be a dilemma if you got a used one and all of a sudden you can’t get parts, so Steve, do you know, is there any other municipality in North Dakota that still takes extras and is still. Using the multi-packs exclusively, um, Madam Chair, the only Community that I know of was that was taken extras was Wes Fargo, um.

02:00:14,930	I don’t, they had a similar item coming forward, I don’t know how they handle that, um, but other of the 13 largest communities, uh, I think we’re the last san majority are.

02:00:35,800	have already kind of jumped through this hurdle, you know, our, our neighbors across the river don’t collect extras, um, so I think that it’s just kind of, we did it for as long as we can, but they’re not producing this truck because a lot of municipalities are not using it.

02:00:54,030	It’s the most expensive version of a garbage truck out there, um, they’re finding more effective ways to collect trash and so I think we’re our hand is being forced a little bit, but I think that we’ve come up with some good solutions, but, uh, happy to table. Until the November 12th meeting. Um, and hopefully we can make a decision then with the itemized list of fees, um.

02:01:14,270	So that we And Move forward with whatever we want to move forward with in January. OK, we’ll do that. All right, everybody’s good with that. Mayor, did you have anything you wanted to add? No, I’m just pleased with the The number of respondents to the survey, but certainly to get more information as to what those more specific fees might be for various services I think is appropriate.

02:01:37,900	So waiting till the 12th is good. Perfect and um like Steve said, uh, Kaylin and the admin team did a ton of work making sure that lots of eyes were on that survey. It was really great to see that amount of results cause it’s usually like. 1/4 of that at best, so 3000 replies was really great, so. All right.

02:01:57,930	Thanks, Steve. Next up is item M. Consider the request to receive information regarding the expiration of terms and application period for boards, commissions and committees serving the city of Bismarck. Doug. And even the mayor, commissioners and madam.

02:02:27,330	Cleary, I don’t know that I’ve ever said Madam before, so, um, I’m here tonight to take advantage of an opportunity to let the citizens of Bismarck know and the other and citizens in the ETA know that the month of November will be accepting applications for the various advisory boards, committees, and commissions that the city has.

02:02:46,770	Um, For this application period, we will have 9 entities that will have vacancies in your packet. You had a list of them, and I’m going to read them off for, for those listening and watching on DMA. Uh, there will be vacancies on the Animal Advisory Board, the Human Relations Committee Vision Fund, forestry advisory Board.

02:03:06,900	The Renaissance Zone Authority and as Kate alluded to the composition of RZA has changed a little bit, but there will be two at-large vacancies for the Renaissance Zone Authority. The planning and zoning commission. The Board of Adjustment, the historic Preservation Commission, and the Bismarck Parking Authority. And there will also be one that’s not included on this list, uh, one vacancy for the special assessment commission.

02:03:27,930	So this is a great opportunity for citizens who have an interest in your local government to see kind of the details of, of what we do as an organization, how we actually, um, serve our citizens and these boards are extremely important for our directors, our staff, and our commissioners as they give recommendations and advice to, to those that serve them

02:03:47,330	throughout the community. Um, Our communications division, Caitlin, we’ll be reaching out, uh, through social media and through news release and also our city’s website has a lot of information on the various boards that will have openings, um, through the month of November.

02:04:11,430	During December, we will evaluate those applications and the administration department and our goal is at the beginning of the year for the mayor to have recommendations to the Comm. of who we would accept. Do you have any questions for me? Yes, sir. Go ahead, Comm., Chair, Doug, so I’ll ask this question because a lot of it seems to. Probably have a little bit more.

02:04:32,200	I’m planning or a community development to it. Have you ever thought of maybe combining some of these boards or? Or merging some of them together cause. Um, one I I know with some of these we spend a lot of staff time, so we if we had less meetings it might free them up to do other things.

02:04:51,570	So I just asked, you know, obviously you’re putting this out there because we sometimes struggle to fill some of these, um, committees. So have we ever thought of I don’t know that we have trouble filling the committees that may be the case in some situations, but in most of the situation terms are just expired.

02:05:09,000	And so we’re just calling for more applications, the ones that are currently serving where their terms expire unless they’re specific board or commission has a limit on the number of terms or consecutive terms, then they would be free to to reapply. That’s just the formal process, and I do believe that most of these advisory boards and commissions are directed through city ordinance.

02:05:27,500	I know that’s the case with Forestry Advisory board planning and zoning and some of the others. And then is there a, is there a limit as to what one person could serve on? I mean, is there a possibility where a person could be on 6 of these boards? I mean, I just, I mean, that’s an obvious question,

02:05:44,300	right? I’m pretty captain obvious tonight, so I asked him, I don’t know that there’s a limit on how many boards that, but that would obviously be taken into consideration as we receive applications. That’s all I got. Thank you. Any other questions for Doug, Comm. Connelly? Not so much a question.

02:06:07,300	Appreciate the, um, listing them, Doug, Madam Chair and commissioners, but I just think back when I got involved with these, I just started sitting in as a citizen, um, and applied, uh, sometimes you get, people get denied and things, but keeping the interest up, um, a lot of people after decisions are made or saying they’re not informed or they don’t, um, they don’t

02:06:28,830	see the notices in this, but. There’s a lot of moving parts to a community our size and Do something a little different, get involved, and I would encourage you to get your feet wet by applying for some of these committees because, um, I’ll give you an example when the water utility rate meetings came up.

02:06:52,200	My background’s medical. I never learned so much about soils in this community in my life. Never imagined that I would, but it’s spilled into other really good conversations that have benefited the public and we need participation to go up, um, in 2017.

02:07:14,100	like even we have an election right around the corner, um, voter turnout was nearly double what it was, um. In recent years, and these are some of the ways, as you learn about government, you truly understand the power that you have as an individual citizen, um, we need more participation, so we can come up with better solutions because challenges get difficult. Thank you, Comm. Connelly.

02:07:38,070	Um, I’m gonna steal a little bit of Jason’s thunder and maybe give him a segue, but we have, uh, had an awesome program the last several years, Bismarck Citizen Academy, and we have Comm. Risch, who is a graduate, and we have several members in the audience.

02:07:54,730	So I think we’ll have a, Concerted effort to reach out to some of those past graduates in that program to see if there’s any interest there as well. Anything else for Doug? All right, thanks. Thank you. And then to segue, you’re, you’re good. But I N is uh consider the request to discuss the 2025 Citizen Academy program. Jason, now that he stole your thunder, he did.

02:08:18,170	It’s the last time I share my notes with him, so. Uh Commissioners, yeah, tonight is, excuse me, kind of our, I guess it’d be our 4th annual uh shameless plug to promote the Bismarck Citizen Academy. Uh, as Doug mentioned with the advisory board committees and commissions, uh, applications will be opening in November.

02:08:42,770	Same said for season 4 of Citizen Academy. And so for those that aren’t familiar with Citizen Academy, those that haven’t heard us talk about it before, uh, maybe just a few highlights if I may. Uh, the Citizen Academy, as I mentioned, we’ve had 3 successful classes that have gone through the first year was 12 participants. Uh, Comm.

02:09:01,300	Risch was part of that inaugural group. Uh, 2nd year, 3rd year, we upped the size to 20 and we extended the class time from 8 weeks through the first year, uh, the 2nd and 3rd year, we extended those to 12 weeks. It gives us more time to. Really get in-depth with a lot of the departments.

02:09:21,130	The first year we had some departments kind of share the evening and it, it, it got too condensed and so we listened to the feedback we’ve been surveying the participants each year, trying to better the program, uh, contour or, um, Uh, build it in a way that is the best use of their time because it is also 12 Thursdays in a

02:09:39,770	row, uh, beginning in January this year, we’re starting on Thursday, January 9th, and we are very intentional about the schedule because each week kind of builds on itself and the first week we’re covering. You know, kind of this the high level city commission stuff, city administration, human resources, the legal department and municipal court.

02:10:02,200	The the second week is a big piece of foundational information where we get into really the, the budgeting, the finance of the city of Bismarck. A lot of people want to know where my taxes going? What are they covering, which departments are they supporting? So week two, we really delve into that and then from there.

02:10:18,200	We’re much more mobile. We’re we’re visiting a number of different city departments, different city buildings, facilities, and that seems to be really the the magic for a lot of the participants is seeing not just the facilities and the equipment, but also it’s really a chance to meet some of the staff and for us it’s it’s an

02:10:35,870	opportunity for our staff to really show off a little bit. And what I’ve learned in the last 3 years of this is we have some very wonderful people that are very passionate about the work that they do and that.

02:10:52,970	Comes out in full force when you start to see them talk about the work they do and and share some of those experiences or the equipment or the buildings that they’re part of. And I think for the participants.

02:11:10,500	That is maybe one of the unexpected outcomes is is really getting to know some of these people week to week and, and just seeing them really be in their element and, and talk about the work that they do. One of the other things that I’ve noticed that have resulted from these. Citizen Academy classes is there have been friendships and camaraderie built amongst the participants, not just with the staff, but we’ve, I’ve seen friendships occur. I’ve seen, uh, you know, people getting together afterwards I’ve had participants tell us.

02:11:30,800	As soon as I get home, I run through the slide deck with my spouse because their spouse wants to learn, what did you just do tonight, what did you see where, you know, what were you a part of? And so, uh, as you were earlier discussing. You know, getting people interested in this, I was.

02:11:47,270	Leaving myself a note to email all the past participants and remind them if they have friends or family or other parties that are interested to let them know that starting November 1st we will have the application period open, so that’s really the the purpose tonight was to talk about it again, shine a light on it, of course, ask any

02:12:03,370	questions if you have. We, we don’t really have any action other than uh if you’re comfortable with the schedule, uh, the departments, the staff, the directors here have looked at it.

02:12:20,600	Everything seems to fit the way we’ve got it, uh, dialed in for now, um, we did, I should notice or I should mention we have in the last two sessions, we’ve added a bonus week where we found ourselves at the wastewater treatment plant. There was a high level of interest from some of the participants and so we made it an optional week.

02:12:35,870	We’ve also kicked around the potential to maybe head out to the landfill one of these days, rather than just. You know, heading to wastewater, so the program continues to grow. The program continues to be tweaked, um, but I think each year the experience is better. I, I, not to say that you missed out on anything, Comm. Risch, with season one.

02:12:53,600	You’re getting a, a full depth immersion here in all things city business right now, so that’s great, but to the point of if you’re looking to better understand the organization if you’re looking to build some confidence to apply for one of these advisory boards. This is a great first step.

02:13:10,370	This is a great to get engaged, to better understand, to be a part of a group of people. That quite frankly, we’ll get to see and do things that not everyone has that opportunity to do and so with that in mind, I, I do need to know we continue to talk about how do we make this program available to more people.

02:13:27,330	We have staff that are very interested in learning what other departments are doing, and just know that we continue to have those conversations with this year being a legislative assembly year. We’re a little hesitant to, uh, Run 2 courses through the group.

02:13:48,530	Uh, Doug will be immersed in this from day one and uh looking in the future, it’s likely that this, this little project will get handed off and it’ll be his thing to carry forward and so you’ll see more changes coming in the years to come.

02:14:03,300	So if you have any questions, if I, if I forgot something that you feel I should have mentioned, we can certainly try and answer those questions, but, uh, happy to try and help. Uh, Comm. Connelly, not so much a question, but there’s actually 3 from your last class that have been pretty consistent one, Comm. Risch, like you said, has been obligated, but there were two participants at the last one that have been at pretty much every commission meeting in and week out.

02:14:23,330	So it does stir up the interest in the involvement’s kind of refreshing. Um, just want to add too, I know at least in the past 2 years, the list of people who want to be in Citizens Academy is bigger than the amount of people were allowed to accommodate.

02:14:41,400	So if you applied in past years and you weren’t able to be a part of it, certainly apply again, um, because I know that that list was kind of overflowing last year, so anyone who didn’t get in last year, hopefully we can try to get them in this year, um, because it definitely seems to hold a lot of value

02:14:57,870	for the. People that get to do it. I’ve, um, I got a crash course when I was campaigning, um, because I was Dimitri’s um, practice round for Citizens Academy. Um, so that was fun.

02:15:16,830	Uh, and then I have been able to attend public works nights and a couple other nights, um, uh, and it’s, it’s great to see what they take from it, so. I appreciate it, Jason. It’s a lot of work. And to your point, Madam Chair, uh, we would certainly encourage any of the commissioners to attend on the weeks that you have a department that’s being highlighted, but also I should note we do prioritize city Bismarck residents over other applicants because this is

02:15:36,930	obviously a very city-centric program, and we feel that our residents should have the, the. First opportunity to take those limited seats. That seems only fair. Anything else for Jason? All right, we’re good. Um Item 0.

02:16:04,200	Consider the request to accept the resignation of City Attorney Janelle Holbs and provide direction for recruiting to fill the vacant city attorney position, um, Jason, I think Leeanne is on teams, um, so however you guys want to handle it, Madam Chair, I, I guess I will start, uh, Leanne’s a little under the weather but willing to lend us her expertise uh for questions, but, uh, included In your packet, uh, you found a job

02:16:28,130	description and I’m sorry, the resignation letter and then a potential schedule, uh, outlining the steps that need to happen between, um, well, first even accepting the resignation and then directing staff to move forward with a process, um, for those that are listening, for those that may not recall, the city attorney’s position is one of the current

02:16:49,570	3 appointed positions, meaning it is a, uh, contract position. It does not have Civil Service protection, it is unique in that category. It does not resemble most of the other positions within, uh, the city organization, um, With, with that in mind, um.

02:17:12,100	The job description was also included at your workstations this evening uh for your review as well. Um, and so if you have questions, obviously, um, Leanne is available, um, One thing I should note in addition to accepting the resignation. Uh, there is also a North Dakota Century code requirement that uh. Uh, requires cities to appoint an individual to the city attorney position.

02:17:35,470	Uh, this would be in an acting or an interim status after December 5th when Attorney Combs’ last day is in office, um, no need to act on that tonight. You’ll have more information, um, at the first meeting in November, uh, but also essentially we’re looking for an acceptance of the resignation and then a direction to staff based on the um proposed recruiting plan

02:17:57,400	that HR director Lee Anne Schmidt attached. To the item on the agenda. I’m happy to try and answer any questions. I’m sure Leanne is as well. Commissioners, any questions for Jason or Leanne. No, no questions, um, from me. I, I do know that I had did have a conversation with Leanna. She was developing.

02:18:22,600	The recruiting plan and And making sure that a job description was. Uh, ready to go with that recruitment plan timeline, I think we have to be realistic because, you know, it’s not going to happen overnight.

02:18:43,970	This is a position that is going to need some high level of scrutiny for For all those involved in hiring plus um. There’s There’s a need to make sure we have uh a group of people do that for scoring, so to speak, of the qualifications. Of the candidate, which Recommendation would be that we use. Uh, probably a set of people. who are qualified legal experts, so to speak, so several attorneys from the community.

02:19:10,500	Probably will need to be identified. Madam Chair, and I would, I would, uh, Recommend that that we have multiple levels of interviews with that too, not just scoring of their. Data information, but I’m sure there’s um the Mayor alluded to a group of attorneys, and I think that’s a great idea.

02:19:32,630	And if that group of attorneys could Provide some type of um interview too before it gets to, I’m assuming we’re gonna do it as a commission, the final final. Commissioner’s Zener, that would be my expectation as well on whether or not we can have others do.

02:19:52,330	Uh, some preliminary interviews, I mean, that’d be great if that could happen because I think that helps us with the selection process, but I don’t know what the requirements for for that are for open meetings and so on. Well, that would be internal. I wouldn’t think that would be a Comm.

02:20:09,730	, well, unless you could do it because you’re the portfolio holder mayor, I suppose you could be part of that, but I would think that would be internal from Leanne’s department as to for us to give direction to add another layer of. Um, Interviews to the process, right, Jason, or am I wrong? Comm. Zer if I’m understanding you that those interviews would be conducted by others that are not elected to the city commission.

02:20:28,770	That would be part of that peer group of professionals. That is correct, sir. OK. And then would you anticipate a recommendation or some type of a score coming from those interviews? It would be not a recommendation, more of a score, to be honest with you, I mean, um, I think it’s. Maybe both.

02:20:46,600	I don’t know, yeah, maybe commissioners they, they may, they may narrow the field down from. I don’t know, 7 to. 3 or 4 or something that’s exactly what I was thinking. Yeah, thank you, Mayor. That’s right. Yeah, and commissioners, if I may, uh just uh.

02:21:05,800	Looking back to the process that I went through to get to this position, there was a step that was identified as an accomplishment survey. In many ways it was a a an essay. It was a response to 6 or 7 different categories where I had to identify projects or things that I was part of, in some ways, it became a writing sample for a committee to evaluate, but it

02:21:23,930	was also used as the mayor noted as a tool to help screen that initial group down to a smaller manageable number that would ultimately with the 5 of you. And so, Comm.

02:21:42,630	, to your point, there could be certainly want to hear from HR director Schmidt on this one, but there could be an adaptation to that step in the process where it is not just a writing survey, but maybe it’s an example of a a legal brief that an attorney would have drafted, and then some type of uh an interview or an evaluation or even a report uh to a committee that could then score that and compile it

02:21:58,730	with part of a a bigger package information, Madam Chair, Commissioners, Yeah, Jason, that’s, that’s exactly what I was thinking of, yep, something daily task type thing. The other thing I would think of is anytime when we have a position like this, um, what.

02:22:18,970	What can we, what should we do the same or what should we change? Right, there’s always some some adaptations. I’m gonna steal your word, thanks that we can use to go forward, um. You know, if you don’t. Look at the way you’re doing things and you’re not going to change either. So what can we evolve and what can we make it better, so Comm., thank you for the segue.

02:22:35,500	Uh, there has been some internal discussions about realizing there will be a gap in time when we don’t have uh Attorney Combs on staff and we don’t have a replacement for her, uh, thinking about that, looking at the two assistant city attorneys that we have on staff, a great deal of their time is spent in municipal court and

02:22:55,800	one of the things that may help us through That transitional period between Ms. Combs and the next person would be to free up some of the in-house staff time to be more internal customer service and not so much focusing on the prosecution side of municipal court, um, essentially what I’m saying here is maybe a consideration for the

02:23:16,600	commission would be to look at contracting part-time temporary prosecuting attorneys to help with municipal court to free up internal staff to be more responsive to some of those uh staff needs. The other thing we may need to consider is uh essentially looking for contract employees that can help us in certain areas.

02:23:38,470	Attorney Combs has been very supportive when it comes to employment law, contract law, just general legal negotiating. I don’t know that. I don’t know that our existing staff maybe has that experience or even the time uh to get into all of those things and so we may need to find a way to augment some of the time spent in municipal

02:23:58,800	court to give our internal staff time, uh, more time to be accessed by by directors and staff. So Jason, that was actually going to be one of the things that I asked about maybe we can add it to November the first meeting in November if we’re gonna be discussing appointing and acting city attorney that maybe we also

02:24:20,670	discuss what the options would be as far as Providing some extra coverage with external. Um, contract. Uh, with a firm or firms in town, it’s like I think especially for uh like the prosecution assistance so that our staff can deal with the internal stuff because I think that that’s a lot of what

02:24:47,430	uh Janelle deals with, and so I feel like it’s going to absorb a lot of their time and we don’t want that to fall aside because they’re prosecuting if there’s some balance to be had there, if we could just kind of gather more information as to what that looks like for the next meeting. Comm. Zenker.

02:25:02,400	Madam I would suggest that we don’t make it for the next meeting, um, even though we got an extra week between this and we have till the end of November, so I wouldn’t, I wouldn’t put pressure on staff to come up with something in in the next 21 days just if, if it

02:25:16,670	works out and it can be the next meeting, but by sure by for sure by the last meeting in November. I just don’t wanna there’s a lot of things there, a lot of moving parts, um, it’s getting to be that time people are waiting for that first snow, so let’s just give me a little,

02:25:30,630	little breathing room and, and let them work till the end of November Yeah, no, that absolutely seems fair. And yeah, and with We just have to have acting appointed by. December, so we can do that. So neither of them have to happen at the first meeting.

02:25:47,130	So with that, Madam Chair, I’ll make a motion to accept the resignation of attorney City Attorney Combs. We have a motion we have a motion on a second, uh, any further discussion? Um, no further discussion, uh, please call the roll. Mr. Connelly, Mayor Schmitz. Yes. Comm. Risch, Comm. Zenker. Commission Chair Cleary, yes.

02:26:20,830	Um, that’s our last item, Madam Chair, I just want to make sure we have consensus that what Lean started to put together for recruitment and And so forth is appropriate, um, obviously there could be some adjustments still as we move forward and find out what might be. Best practices when we utilize. Now the team of professionals that can evaluate. Skill sets.

02:26:45,330	But I think we need to at least get started on recruitment. I, I think so, um. I think we had consensus on, on moving forward with that, um, if anyone has anything specific they want to add to what Leeanne’s already doing. Yeah, I would say there’s no reason to wait.

02:27:05,130	Yeah, and I think too like obviously time is of the essence, the quicker it can be, the better, but at the same time with holidays and wanting to make sure that we don’t rush it and get a smaller pool of people.

02:27:20,770	I think we want to do it the right way, so, um, I think we can lean on Leanne for that timeline too. In my opinion. But I think we have consensus with that Mayor. Thank you. I just couldn’t read the room, sorry, no problem. Um, is Is there any other business? Comm. Connelly. Uh, two things, um, I spoke, uh, to the, uh, um.

02:27:52,130	Um, housing association this week and stuff, and I mentioned the uh um land development code and input and just be on the lookout for any opportunities from the community or other entities so we can get as much input hopefully more than we got for landfill on the Land Development code.

02:28:10,770	It’s a very big section of our ordinances, so it’d be nice to get a lot of feedback. Um, the other thing is, is that at our last meeting in relation to the um address. homeless needs in the community. I’ve been talking, I just wanna make everybody aware, so it’s more of a FYI.

02:28:28,400	I’ve been talking to a lot of stakeholders in that about a no cost option to get us through this winter, um, and some of the discussions are a um we have the land just east of um the landfill to where it’s open, could we possibly um get winter safe like tents that are easily.

02:28:58,270	movable and through volunteers provide a low barrier shelter to where even if a person’s inebriated or influenced or anything, uh, the volunteers would be there to um allow them a place to have a night where they’re safe and out of the elements and I’ll just continue to have those discussions but wanted to make you aware that that might be part of it or if somebody has an idea or different location may come up for those type of things.

02:29:18,600	And just any parts of those the conversation that can lead us to the answer to where there’s no expectation from the taxpayer, this would just be community coming together and taking care of some of our needs.

02:29:35,370	Um, I just, I mean, I applaud you for having the conversations and by all means, continue to have them, but um just With the thought of that particular piece of property. I like immediately would have concerns of like security and safety.

02:29:59,600	Uh, it’s not a heavily policed area, and also we’re relying on volunteers for Accommodations, food, transportation, I mean, that’s, it’s very far out of the way as far as like where their services are at, I guess I don’t. I think that with the encampment ordinance, that there’s going to be a need. We obviously mentioned at the meeting and it’s been said over and over again that it’s, it’s one of many steps that needs to happen that to provide a safe environment for all of our citizens, um.

02:30:20,470	I I would love for that to not come at a tax burden. I think there’s lots of conversations happening at, but, um, I mean, uh, continue to have them. I don’t, I don’t know how good fit that piece of land would be in my like my immediate thought, um, but I mean it doesn’t obviously hurt to have discussions as long as

02:30:39,830	we’re not, um, Taking things in weird directions that are soaking up staff time and not getting anywhere, but it doesn’t hurt to have the conversations, so I guess well out of staff time and things, the only person I reached out to is um City Attorney Combs, and she suggested bringing it up during other business, but

02:31:01,730	I’ve. To, uh, make it not a tax expectation, it is the members of the community and both communities actually to where filling in that need because um if it’s truly community based. Then there should be no need for staff services. Sure Any other business. All right, um, with that.

02:31:32,530	We are adjourned, um, until the next regular commission meeting on November