00:00:08,030	It’s five o’clock on June 6th. We’re in the Tom Baker Room of the City County Building. This is a special meeting of the border city of city commissioners. And first item will call to order Paul Roll, please. Mr Marquardt here, Zer here, Mr Connelly here, Mr Cleary here, Mayor Schmitz here. So. We have three items.

00:00:29,630	First item is consider a request from the administration department for a letter of support for Lady J’s Catering, Jason You were we gonna make any presentation on that, OK? Um, requesting a letter from us to support their ability to apply for face or peace. Interest. Buy down Um, commissioners.

00:00:49,730	Do you have questions? Or your wishes. Move to prove second. Is there any discussion? Nunn will call roll. Comm. Anker. Yes Comm. Connelly. Yes Commission Cleary? Yes Mr Marquardt. Yes. Yes, Next item is the whole public hearing and take final action on ordinance 6577. The Zoning Ordinance Text amendment related to section 14-04 Dash 19 The city Code of ordinances, the floodplain.

00:01:20,700	Relating to the flood insurance rate map. And the effective date necessary, especially with the requirements related to manufactured home parks, enclosures and substantial improvements. Jenny, are you presenting? I am thank you. I had to get my screen ready. It always makes me nervous that nothing’s gonna work when I pull it up.

00:01:42,630	So, Mr mayor Commissioners, Um Community Development staff are requesting approval of amendments to section 1404 19 of the city code of ordinances for our flood plain district. The proposed amendments would add additional definitions to avoid misinterpretation and clarify Requirements, reduce the free board or elevation requirement for firm manufactured home parks or subdivisions from 2 FT.

00:02:03,900	Above the base foot elevation or BFE to 1 FT. Above, the BFE and change the effective date of the flood insurance rate map to June 6th. Which is today. The city of Bismarck and its ETA are a participating community in the National Floodplain Insurance program or the nfip participation in the NF IP is a state requirement for communities in North Dakota

00:02:25,970	communities that participate in the NF IP must adopt a local floodplain ordinance that meets or exceeds FEMA in state requirements. Any modifications made to the city’s floodplain ordinance must be approved by State Floodplain Insurance program coordinator and FEMA floodplain specialists for compliance with state and federal requirements.

00:02:47,770	The proposed changes Outlined in the draft ordinance have been reviewed and approved by both the state and FEMA by participating in the NF IP. Residents of the city and ETA are El eligible for flood insurance participation also opens the door for certain federal assistance, such as loans from the Department of Veterans Affairs and rural housing services through the Federal Housing administration and for federal disaster

00:03:07,570	insurance or in assistance. A new flood plain or a new flood insurance rate map has been completed for our community. This mapping project started in 2018. The firm is the official map identifying special flood hazard areas sometimes referred to the 100 Year Floodplain.

00:03:27,770	Special Flood hazard areas include floodplain boundaries based flood elevations, flood zones and flood ways. The original firm for our community was adopted in 1985 and subsequent firms were adopted in 2005 and 2014. We are also a participating community community in the community rating system, or CRS.

00:03:54,000	The CRS is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed minimum NF IP requirements. As, a result, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from meeting these requirements and goals in the program. Currently Fred and Flood Insurance policy holders are eligible for up to a 15% discount in their premium, given our current Status.

00:04:12,630	Our status is largely due to the existing 2 FT free board or elevation requirement for structures. This requirement was added to the ordinance in 2010 after the 2009 flood. Um the ice damming flood event to provide additional protection for any future flooding events caused by ice damming on the Missouri River. Female modeling for firms does not take into account ice damming.

00:04:34,230	Um this type of flooding is very challenging to predict flood waters may rise more rapidly, giving less time to protect structures and may cause flooding that is above and beyond. The. FEMA model staff have been assured that no change to this discount or class rating would occur if the ordinance is approved as proposed. The stakeholder group.

00:04:56,370	Comprised of industry professionals, including professional land surveyors, members of the burly county Water Resource district. Burly County planning are representative from manufactured home communities. The Depart North Dakota Department of Water Resource members of the Board of Adjustment and the Bismarck Planning and Zoning Commission as well as the mayor was formed last year in May.

00:05:15,770	The Stakeholder Group met five times to review existing requirements. FEMA and state guidelines and technical bulletins and to suggest changes staff would like to take just a moment to take to think the stakeholder group their insight and comments throughout this process were greatly appreciated.

00:05:38,100	At, the request of FEMA and the North Dakota Department of Water Resources, a citation of statutory authority referencing chapters 4040 7-Eleven 33 58 03 of the North Dakota century code was out was added to delegate responsibility to the city to adopt regulations designed to promote public health safety and general welfare of our citizens. While.

00:05:58,030	This language is used in reference throughout our zoning ordinance, and state officials requested it be specifically added to this section of the ordinance. Other amendments include definitions for enclosures, existing manufactured home park or subdivision. Expanse to an existing manufactured home park or subdivision. New manufactured home Parker subdivision in violations.

00:06:23,970	Um, changes include clarifying language to the definition of substantial improvement, explaining that any repair reconstruction or improvement of a structure that occurs within a consecutive two year period would be a substantial improvement if the repair reconstruction or improvement exceeds 50% of the value of the structure.

00:06:50,700	Technical requirements to allow enclosures below the base flood elevation based on certain conditions, reference to the effective firm date, which is June 6th 2024 and reducing the free border elevation requirement for firm manufactured home parks or subdivisions from 2 FT. Above. The Base Flood Elevation to 1 FT. Above the base F elevation, the Stakeholder Group was asked specifically if they were in favor of reducing the elevation requirement for all new construction and substantial improvements from 2 FT. To 1 ft. Above the base. Elevation.

00:07:08,670	The Stakeholder group noted that they were not in favor of this reduction for the following reasons. The 2 FT Free border elevation requirement provides long term protection for homeowners with new flood insurance rate mapping efforts. Flood modeling can change the special flood hazard area impact based on a variety of factors, including the changing characteristics of the Missouri River.

00:07:30,100	Briley County has also recently updated their floodplain ordinance. Burly county continues to require a 2 FT. Free board standard for all properties located both in the 100 year flood plain as well as the 500 year flood plain. It has been suggested that burly county and Bismarck floodplain ordinances try to be as consistent with each other as possible.

00:07:48,370	This would be the case for a significant regulatory portion of our ordinance. If both the city and the county maintain a 2 FT free board standard. By maintaining the two for free word standard or elevation requirement. Homeowners carrying flood insurance will continue to experience up to that 15% discount based on our Class seven.

00:08:07,600	The Planning and Zoning Commission held a public hearing on this request on April 24th. No written comments were received. However, one resident, spoke at the hearing regarding their concerns with storm water drainage in southeast Bismarck specifically within colonial estates. The manufactured Home Park at the conclusion of the public hearing, the Planning and Zoning Commission voted unanimously to approve this request.

00:08:27,470	A notice was published in the Tribune. On May, 25th and June 1st. And to my knowledge, We have not received any additional written comments. Staff recommends a approval of the amendments to section 1404 119 of the city code of Ordinances, as outlined in the draft ordinance. Text amendment. Do you have questions? Make sure there’s any questions for Jake Comm. Zinker.

00:08:51,230	Mayor commissioners Jenny. Um, when did burly county change to 2 Ft. I always thought they were 1 FT Free board. Home commissioners, Commissioners Inker, Mr mayor. Perhaps Brady knows offhand, but I wanna say it was right around the same time we did in 2010 and then perhaps with the 2014 firm, which would have been after the 2011 flood,

00:09:11,300	where burly county experienced heavy flooding in in in north north of Bismarck. They went to regulate the 500 year is that correct? He’s shaking his head? That’s correct 2014 is the last time I believe so. They updated. OK. Well.

00:09:26,730	They updated to two and then they also just recently passed their ordinance for To, the to stay at 2 FT, OK? And. Then. The final question is and I don’t know if you can answer this or not, But. Um, why not? Why was the Home Builders Association, not part of the The UM committee.

00:09:49,500	I would think with everything with section 14, which is all construction that that that group of people would be involved. Don’t know I don’t have an answer to that I. I can I can have ben come up. Yeah. I’m trying to think back. They were They were I’m just confirming, but I. We think they were invited to to participate. I.

00:10:21,970	I think they did attend some of the initial, Gus. OK. So you were there wasn’t listed on the In the document, so I just might be an oversight on our part, but I’m I thought the we started this whole process commissioners over about a year ago, roughly and I. I think the president of the HP A at the time was was invited.

00:10:40,300	And they did, uh, participate in some the yearly meetings. As I recall. OK, perfect. Thank you. Any other questions. You know we’re going to open the public hearing. So this is a public hearing on this ordinance Change Text amendment. Anyone who wish to speak, Please come forward. State your name and sign in. Second call for comment.

00:11:06,300	Third and final call for comment. Car or seen No. One public appearance is not closed. Comm.. What are your wishes? Go ahead. I don’t know who can answer this, Ben or I’m engineering is working on this or whatever, but I know, we we? Unfortunately, we have to accept this thing the way it is,

00:11:28,870	And. We all don’t like some of the parts of the map that are that are in there. Um, but when we are, if we, um, proceed with the South Uh, flood mitigation process that we’ve been, uh, awarded a grant for Not for everything but for $50 million how What’s the process to bring

00:11:50,170	this back to correct Some of those things, especially for those manufactured homes. That’s Really what? Um, driving here? Yeah. It’s My understanding after that effort, Uh, once it’s complete, we we could do what many homeowners in the community do currently and they would.

00:12:10,100	We would apply as a as a community essentially, uh, through a process of what’s called a letter of map revision to to update the map to reflect the current flood protection mitigation system. OK? N as an FY I presentation was made today by some city staff up in Mino to the legislative Committee related to this topic. Mr Connelly. I struggle with this with this involved with the manufactured home parks.

00:12:38,330	Um, since 2017 and all of the other pressures that they’re under with their rates going up so extensively and even though people that represented the manufactured a home parks the fact that they’re going to be required now to have the flood insurance on top of it.

00:12:59,630	It just further increases that burden and not a lot of those people have the room and the budgets in order to overcome that it’s creating. Um, a hardship that in some ways goes against the very thing that the plan is saying that it is for and that’s the public health and safety and welfare of the citizen, putting them a little closer to bankruptcy runs counter to that.

00:13:24,170	And I’m challenged with that. Quite a bit And then, um When. It says we must and the words delegating responsibility that almost Um Those two words don’t seem to go together much and then Um There’s a max.

00:13:56,830	Payout also, um, with some properties that is below what our median home is, and it’s You pay a higher amount for the same outcome or a lower amount because of the 15%. But. It doesn’t increase what you get You just get the same thing. So those are some of the things that I’m challenged with overall. But. That’s not really a particular issue in our ordinance.

00:14:13,800	In fact, if we don’t have this ordinance, it probably leaves a far more people at for your risk. I was gonna The risk was too much. Yeah. I mean I. Don’t disagree. I’d love to see the free world lore and maybe if legislative action happens at the state level that can happen for some of those homes or we get flood protection in that that’s all

00:14:32,430	positive and then then we’re not talking about this, but we we need to be able to protect our community as a whole. I. Just think it needs to be because they’re a lot of times those people don’t have a voice, so So Other or what are your wishes? Comm.. I. Guess. I think I understand where Comm.

00:14:53,230	Connelly is coming from, But. I Think that to Comm. Zenker’s point We don’t love it right? It’s not perfect, but we do have to move forward. It’s the only way to protect the community as a whole until we can come back to it. Um, I think because of that, I would just move to approve. And Yeah.

00:15:10,600	I’ll take that. And then one final thing. This is we’re not. We don’t get to set the rules here. This is set by somebody else because if we got to set the rules, we wouldn’t set these rules. That’s plain and simple. Yeah, So. Is there any other discussion? I will call the roll. Mr Connelly. Yes.

00:15:32,230	Mr Cleary? Yes Mister. Marquardt? Yes Comm. anchor. Yes, Smith? Yes. Next item is consider requests from Bismarck Airport Airport for approval. The Weiss and Sons Wetlands Phase five completion. Contract change order. And waiver. Greg Mayor Comm. that are at your last meeting. We had, uh, at the end of the meeting.

00:16:00,230	We had a discussion about, um Kind of next steps in this, uh, process to try to complete this project, and, uh, he took some action at that meeting. Uh, this is the next step in that process. Uh, to, um Enter into a completion contract directly with Weiss and sons.

00:16:31,500	Um To help us work with them to finalize this project before our, uh FA funding. Um Uh, Expires at In September. Um Uh, it is, uh, the the airport is taking on additional costs, Uh, to complete the project at this time, but we have some issues that we have to resolve with the bond company at the end of the whole process, and these additional costs will be rolled

00:16:57,300	up. Uh and, uh, Part of that, Um Discussion with the bond company at the end. Um what can on needles there? Mi young. Um And. Then we We all started asking to waive the change order policy so that we can just keep marching on.

00:17:26,630	We have a group of the attorney, the finance director, uh, our engineer in the airport staff that will look at any issues that come up as a camera. The, uh, drainage pipes and systems that they find other issues or problems. Um, that need to be corrected in order to Meet.

00:17:52,170	The FAA requirements of our requirements with the FAA and our grant that we have with them to complete this project and get it all. Uh, submitted to them in time. Uh so that we can utilize those additional funds. We’re asking to waive the change order policy and allow that group to Um Uh, make decisions on on getting us to the end.

00:18:16,170	Uh, and, uh so we can, you know, Finalize this thing, Um This also includes what a change order number five, which includes about, uh half a dozen things that we know of today, Uh and, uh, those costs were all Identified in the memo. Issues. We have questions. Move to approve is presented second. Um, the only comment I would make is I Think.

00:18:40,730	This is a given circumstances is the best. Process forward for us because we can’t Mm. Roommate timing is an issue. So. Thank you for coming and asking. This. Thanks for your support any other comments? Un Carroll. Mr. Cleary? Yes Mr Marquardt? Yes Comm. Zenker. Yes, Mr Connelly. Yes. Yes. Thank you we stand adjourned. Thanks everybody for