00:00:00,870	I can hear you. Can you hear me? Yes. The Board of City Commissioners on June 24th, we are in the Tom Baker meeting room, um, We are going to first stand for or we’ll call Chaplain callus up for pledge and prayer.

00:00:42,000	Um, if you would stand with me for the, uh, prayer and remain standing for the Pledge of Allegiance on behalf of Crisis care chaplaincy for Bismarck Burry County. Thank you for the opportunity to. Opening prayer tonight. Let us pray. Heavenly Father, we thank You for this day, for this beautiful evening. Thank you for your creation and for the enjoyment we experience with the change of seasons and the warm summer weather.

00:01:06,500	Thank you too for your protection amidst recent summer storms and we pray for those experiencing loss of family and property, please give them your strength and comfort. Thank you for the privilege of living in this city of Bismarck as well as in this state.

00:01:26,400	And thank you for the many blessings and opportunities that this local community offers for our families and for each of us who live here. I pray today for those who are in the offices that govern this community.

00:01:46,070	I ask that your spirit guide as they make decisions, many of which are not easy that they be wise and godly and would prove to be in the best interests of the community. Thank you for the freedom. We as citizens have to speak up and be heard whether in agreement or dissent for a discussion and diversity comes strength in our community. I pray for the mayor. For those who work in that office. I pray for our city commissioners for each one.

00:02:09,570	As well as other elected officials and city workers, and I ask that each one would be blessed by you as they carry out their responsibilities. I also pray for our first responders, those who put themselves in harm’s way to protect the citizens of this community. Our police and other law enforcement firefighters. EMS workers dispatch, healthcare workers and others.

00:02:34,100	Please protect them in their line of duty so that they might continue to protect those of us who have placed our trust in them. So God, we thank you for your guidance in everything said and done this evening. And uh we’re thankful for each and every one of the blessings you give us. We pray this in your name. Amen.

00:02:56,070	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. OK, I think before public comment, we have a historical preservation Award presentation, um, from Lauren. Uh, thank you, Chair and Commissioners.

00:03:33,370	Uh, this is for the historic preservation Award, um, preservation of a Community’s Historic resources can provide a way for individuals to celebrate and recognize the community’s past while serving or striving to define it for the future. With this in mind, the historic Preservation Commission wanted to recognize the efforts of residents in Bismarck, uh, whose efforts support historic preservation goals.

00:03:56,070	I would like to note that this is the First year for this award in the historic Preservation Commission is very excited to be able to recognize these achievements. The, uh, Bismarck Historic Preservation Commission selected Adolf and Peterson construction as the 2025 recipient of this award for the recent preservation efforts on the former Prince Hotel.

00:04:21,970	These efforts included maintaining the exterior historic character of the building, highlighting and preserving original materials and repairing rather than replacing original building features. With that, I’d like to present this award. to a representative from Adolph and Peterson Construction. Uh, we do have a representative from them here. We can take a photo. Mhm you You.

00:05:08,630	No Yeah Don’t take some with each camera, so. with me on this camera Ready. I Thank you Thank Thank you All right. And since I didn’t do it before that, we’ll go ahead and call roll. Comm Risch. Here. Comm Zenker. Here. Comm Connelly, Mayor Schmidt. Chair Clery here.

00:06:03,430	That brings us to public comment, uh, restricted to items on the consent agenda and regular agenda excluding public hearing items. This is the first call for public comment. Second call for public comment. Third and final call for public comment. Seeing none, we will move on to the consent agenda.

00:06:36,500	Um I was going to go ahead and pull G1 for some discussion and more information from Julie and then, um, Paul H4, um, because it is no longer needing, needed or potentially going to be changing before it comes back to us, so. Does anyone have anything else to add to that? If not, what are the wishes of the commission. Move to approve. Second OK, we have a motion in a second. Go ahead and call roll.

00:06:59,600	Comm Zenker. Yes. Comm Connelly, Mayor Schmittz. Yes. Comm Risch? Yes. Chair Cleary, yes. OK, we’ll move on to G1 from the consent agenda. Consider the request of approval from the Bismarck Event Center for the following agreement with Bismarck Event Center to use eics as the BEC ticketing vendor for a 5-year term with a renewal of 21-year options, um,

00:07:30,600	Julie, I think you were just going to provide us some more information since we’ve got a lot of moving parts down there right now. Yes, Comm, so the event centerer issued an RFP for its ticket vendor.

00:07:49,630	And they chose Eics and then after that is when the commission had its vote about choosing a third party operator or approving it to, uh, for staff to do an RFP for a third party operator. Um, In the meantime, ets and the Events Center are trying to come to an agreement over this contract. And so I’ve, I’ve suggested 3 options for the commission to, to look at tonight.

00:08:12,030	One is that we signed that the commission direct staff to sign the five-year contract as is on the agenda. Or sign a 5 year contract with a termination for convenience clause, which would allow, um, the city or the third party operator and easier termination of the contract if it becomes necessary. Or sign a one year extension with Eticks.

00:08:37,170	And uh it’s my understanding that acting director Amanda Yellow is in contact with Eix. Everything has happened within the last 2 days. So I’m not sure where we are with Eix or if she’s been able to discuss everything, um, in detail with them. Amanda, do you have any information to add? She is here, yeah. OK.

00:09:07,170	Hey, I have reached out to Ete so just let them know of the Requests, I do not have an answer back from them as far as what they would like to do, um, it was expressed to me that the understanding was obviously they bid this, uh, to be a little bit more aggressive under understanding that there

00:09:23,130	would be a 5 year term, so that’s why they gave us the rates that they gave us and the equipment they gave us, um, looking at a one-year extension would not allow us to have the updated equipment would not allow us to have some pedestal scanners, um, which is, which helps with kind of the ingress

00:09:39,100	of people coming in, taking some time away, there’s actually an electronic scanner that they can scan their ticket under, and then also kiosks, they are looking to bring a kiosk to our lobby so we can sell tickets at box office prices in our lobby when we do not have our windows open to sell so that’s another nice

00:09:55,630	feature that they’re looking to bring. But those are items that would not be allowed in a one year extension because they weren’t agreed upon in our last contract that would, we would be going off of.

00:10:10,230	Uh, we also would not be getting the marketing dollars that they agreed to give us for this next year, and that was a big part of their, um, Agreement to go forward with this 5 year contract that was one of the big things that was looked at by the committee that reviewed them.

00:10:27,070	So they have not told us one way or another um of their decision, but those are some Feedback points that I was able to get back from them. OK. And sorry, one other note if I can make that, um, just for consideration to this, the current contract does end on June 30th, which is Monday, and a new contract is supposed to start July 1st, so we definitely needed a decision because we can’t go without offering ticket sales.

00:10:47,300	Sure, so if we Like, move forward with this, with all three of the options that Julie laid out with for you to like continue the conversations of what a one year extension looks like or what adding a clause into the 5 year contract would look like, but also us being OK with the 5 year contract as well, if, if

00:11:08,900	neither of those things pan out. Is that something that we could do in that time frame. We don’t want you to be like. Hitting July 1 and not having it sorted out, so I mean they’re, I mean, we’ve already got the contract in hand.

00:11:26,900	It’s in DocuSign to be signed from Etixs currently, so I mean, we’ve got from them what we need is like our first step. So I think now, um, the approval to move forward with, with Julie, maybe just kind of making the negotiations back and forth with them as to what this looks like, um, would be much appreciated and I think it’s something that could be

00:11:42,700	done by the deadline, which is next Monday. OK. Comm, Madam Chair, Amanda, I, I’m still not clear. What about option two, where you have the, uh, escape clauses per se, but it’s a 5 year deal. Is that something you talk to them about? I did.

00:12:00,130	Um, they said that is not something that’s very common to have um in a in a an agreement, and if there is any kind of a termination for convenience clause or something like that, that’s usually identified in the RFP before they put together their proposal to submit. So knowing that that wasn’t something that they were going to be faced with.

00:12:17,170	They said that’s where there’s a little bit of a roadblock cause that’s not something that they were considering being a part of the negotiation part. I mean, I think that we probably could just You finish those conversations and see if any of those things pan out and if they don’t, then we move forward and we just know that

00:12:41,100	this contract has to go into the RFP for the third party, correct? Yes, we could, we could do that, um, we’ve also suggested that if we have a modification to the contract or a one year extension that the city could put in the RFP for the third party operator that we, the city would recommend

00:13:00,500	that they use eix as a ticket vendor. Because they’ve been vetted, uh, they’ve gone through the process, the staff is familiar with their processes. So that’s another option that we could use during the negotiation, but I’m, again, we’ll have to see what he takes comes back with.

00:13:19,030	Mayor, did you have something? I would move that we I try to order this appropriate that we We accept the contract but request that attorney means negotiate to see if we can get a potential occult the escape clause or the convenience clause negotiated, but if we cannot, I think there’s value to us accepting the contract as is.

00:13:44,700	And moving forward based upon what Amanda just presented in all the other benefits. Um, that EIs is providing. OK, we have a motion. I’ll suck it in. motion in a second. Go ahead and call roll. Mr. Connelly Yes. Merschmidt Yes. Comm Risch? Yes. Comm Zinker? Yes. Chair Cleary, yes. OK, onto the regular agenda, um.

00:14:19,370	Item A public hearing on a request for a new class I2 complimentary alcoholicor license from for posh nails and spa and D LLC. This is a public hearing. If anyone wishes to speak on this topic, please come forward. Second call for public hearing. Third and final call for public hearing. Public hearing is now closed.

00:14:47,100	What are the wishes of the commission? to prove Second, motion a 2nd, go ahead and call roll. Mayor Smith Yes. Comm Risch? Yes. Comm Zenker? Yes. Comm Connelly, yes, Chair Cleary, yes. Item B.

00:15:15,970	Public hearing on a request for a new Class A nationally organized fraternal order or club alcohol license for Gilbert and Nelson Pot number 1326 Veterans of Foreign Wars Department in North Dakota, VFW post 1326. This is a public hearing. Anyone who wishes to speak on this item, please come forward. Second call for public hearing. Third and final call for public hearing. Public hearing is now closed. What are the wishes of the commission approve is presented. Second, motion in a second.

00:15:39,000	Go ahead and call roll. Comm Risch? Yes. Comm Zenker? Yes. Comm Connelly? Yes. Mayor Smith. Yes. Chair, yes, I don’t see public hearing on ordinance 6620, a zoning map Amendment from RM 15 residential district to a PUD planned unit development and a minor subdivision final plat for Southland 3rd edition. Ben Thank you, Madam Chair.

00:16:13,100	Uh, the development proposal that was just described uh by uh Madam Chair Cleary, uh, the property is located uh in South Bismarck, east of South Washington Street and adjacent and to the west of Peachtree Drive. Also adjacent to uh and south of Santa Fe Avenue. Uh, project area for this proposal is uh comprised of 5.

00:16:41,070	87 acres and would include 28 lots uh in one or on one block. Uh, the future land use associated with the proposal is neighborhood mixed use and the existing zoning is RM15 residential.

00:17:02,530	Uh, the planning and zoning Commission did consider this request on May 28th of this year, aside from the applicant, there were no oral or written or or written testimony which was provided. Uh, and at the conclusion of the public hearing, Uh, the planning and zoning Commission did recommend approval of a zoning map amendment from the RM 15 residential district to the PUD planned unit development. Which is outlined in ordinance 662 in your packets. Uh, as well as a minor subdivision final plat.

00:17:25,170	And then also a private utility agreement, which was a condition of approval and is included in your packets for consideration. Uh, is there any questions that any of you have on this proposal that I can attempt to answer. Doesn’t look like it, thank you. This is a public hearing on Ordnance 6620.

00:17:50,900	Anyone who wishes to speak, please come forward. You Clery Laon Namo or Swensenhagen Engineering representing Sattler Hos on this, uh, nothing to add to what, uh, Banner presented just here for any questions if you have them. Any questions for Landon? Doesn’t look like it. Thank you. Thank you. Second call for public hearing. 3rd and final call for public hearing.

00:18:17,430	Public hearing is now closed. What are the wishes of the Commission approve? a motion in a second. Go ahead and roll. Comm Zenker. Yes, Comm Connelly, yes, Mayor Schmittz. Yes. Comm Risch Chair Clery, yes.

00:18:44,670	Item D public hearing for ordinance 6627, a zoning map amendment for the conditional RT, uh, residential zoning district to the Public zoning district on lot one. Schaffer Heights Ben. Yeah, thank you, uh, Madam Chair. Uh, the property in question that, uh, Madam Chair just, uh, described is located in central Bismarck, uh, it’s west of Ward Road in between College Drive and Edwards Avenue. Uh, the project area is comprised of 13.

00:19:09,770	14 acres includes two lots on one block, future land use uh is institutional and the existing zoning is conditional RT residential. Uh, planning and zoning Commission did consider this request at the May 28th meeting of this year. Uh, again, aside from the applicant, no oral or written testimony was provided for or against.

00:19:32,630	And at the conclusion of the public hearing, uh, the planning and zoning commission did recommend approval of the zoning map amendment from the conditional RT. To the uh residential zoning district to the P public zoning district, which is outlined in Ordinance 6627 in your packets. Any questions for me? Any questions for Ben? Doesn’t look like it, thank you, Ben.

00:19:56,770	This is a public hearing on Ordinance 6627. Anyone who wishes to speak, please come forward. Thank you again, chair. Uh, yeah, I just had to to what Ben mentioned. This is a Bismarck State College property, so changed the zoning to it to a Pep public would just bring it in conformance with the rest of the properties that they have.

00:20:12,270	But, uh, any questions if you have them, I can try and answer them for you. Any questions for Landon? I don’t believe so. Thank you. Thank you. This is the 2nd call for public hearing. Third and final call for public hearing ordinance 6627. Public hearing is now closed.

00:20:35,170	What are the wishes of the commission? Moved to approve is presented. OK, so Motion in a second, go ahead and call roll. Comm Connelly. No, I think Lannon might have jumped the gun. I don’t think that’s the Bismarck State College really gonna own that property there? Got you. OK.

00:20:58,730	Can we have a motion? Oh sorry, the motion in a second, uh, go ahead and call the roll, Comm Connelly. Mor Smith Yes. Comm Risch? Yes. Comm Zenker. Yes. Cry, yes. Item E public hearing for ordinance 6628, a zoning map Amendment from the RT residential zoning district to conditional CG commercial zoning district. Um, in the day daybreak 2nd edition, Ben. Thank you, Madam Chair.

00:21:28,130	The property in question is located in North Bismarck, uh, which is north of Fifty-seventh Avenue northeast and west of Ridgeland, uh, Drive. Along the north side, uh, along the north, excuse me, and south side of 6Fourth Avenue Northeast, uh, the project area is comprised of 13.5 acres uh and encompasses two lots on two blocks.

00:21:51,570	Future land use, uh, is identified as neighborhood mixed use in the existing zoning is RT residential. Planning and Zoning Commission did consider this request. Uh, at the May 28th meeting of this year, uh, again, aside from the applicant, there was no oral or written testimony for or against, which was provided.

00:22:13,070	And at the conclusion of the public hearing, planning and zoning Commission did recommend approval of a zoning map amendment from the RT residential. zoning district to the conditional CG commercial zoning district on Lot 1, block 1, and lot 1, block 6. Uh, Daybreak, 2nd edition, which is outlined in ordnance 6628 in your packets.

00:22:35,830	Uh, any questions for me on this one? Doesn’t look like it. Thank you, Ben. This is a public hearing on ordinance 6628. Anyone who wishes to speak, please come forward. Thank you chair.

00:22:59,030	Uh, yeah, representing, uh, on this one, yeah, this is a change we’re we’re looking at here for daybreak, um, looking to, to construct a multi-family unit, the Northern block that we’re rezoning here, the plans are already in the works for that. That’s anticipated to be constructed this year or next year sometime in that time frame, um, the goal with the CG zoning, though, of course, versus RT is we have some height restrictions that we’re we’re working against in RT with the CGE zoning allows that

00:23:14,430	tower building to be constructed and and and really suits the needs for this small. Family Project, um, if it’s successful on the northern bloc, then another project similar to that would be done on the Southern block. That’s our request tonight. OK, thank you. Any other questions for Landon? All right, thank you. Thank you.

00:23:31,370	Second call for public hearing. 3rd and final call for public hearing. public hearing is now closed. What are the wishes of the commission? Mof to approve is presented a motion in a second. Any further discussion? Go ahead and call roll. Mayor Schmidt Yes. Comm Risch? Yes. Comm Zenker. Comm Connelly? Yes, Chair Cleary, yes.

00:24:06,600	Public hearing on release of the Southern 2 ft of the 20-foot sanitary sewer easement adjoining the entire North line of Lot 3, block 1, Hamilton’s first edition. First replat Lauren. Uh, good evening, chair C clearing Commissioners. Uh, Sattler Homes Inc.

00:24:37,170	is requesting release of the Southern 2 ft of the 20-foot sanitary sewer easement, adjoining the entire North line of Lot 3, block 1, Hamilton’s first edition, or Hamilton’s first edition First Replat. Uh, the project area is located in Northeast Bismarck, north of East Century Avenue, east of Hamilton Street in the southwest, uh, portion of the intersection of East Calgary Avenue and Calgary Point.

00:25:00,070	The easement was granted with the plot of Hamilton’s first edition First Replat, which was recorded May 5th, 2022. Uh, release of any easements other than franchise utility easements, uh, typically requires a public hearing with the city commission, owners of adjacent properties have been notified of the public hearing. Staff did receive one inquiry from an adjacent property owner requesting additional information on the project.

00:25:24,630	Um, however, that owner did not indicate if they were for or against the project, um, staff has not received any additional inquiries or formal comments regarding this request.

00:25:44,300	As a result of all findings contained within the staff report, uh, City of Bismarck staff find that the release of the sanitary sewer easement, as described in the attached resolution would not adversely impact the public health, safety, and general welfare, uh, and is consistent with the comprehensive plan, code of ordinances, and relevant state law. Therefore, staff recommends approval of the release of a portion of the sanitary sewer easement over lot 3 block 1, Hamilton’s first edition, first replat as noted in the attached resolution.

00:26:05,830	Do you have any questions for me? does not appear, so thank you, Lauren. Hm We will open the public hearing. Just OK He’s there for window dressing. Uh, yeah, thank you, Tri C. Yeah, uh, on this project, what we’re looking at here, this was a a PUD that had been approved a number of years ago.

00:26:37,370	Uh, in this case, the easement itself, the sanitary actually extends further into the lot than what the setback does. Uh, so at this point we’re trying to get a little wider house here another 2 ft onto it.

00:26:52,170	These are fairly small entry level homes, uh, so you need a little bit more room there to to build that home, um, sewer easement does protect a a sewer line that’s already in place, so it’s not a matter of constructing at this point. It’d just be a matter of if it needs to be repaired at some point. there’s still room for it to to be accessed.

00:27:04,600	I can certainly answer any questions if you have them. Doesn’t look like there’s any questions. Thank you. Thank you. Second call for public hearing. 3rd and final call for public hearing. What is the wishes of the commission approve as presented. Second, We have a motion and a second, and any further discussion. Go ahead and call a roll. Comm Risch? Yes. Comm Zenker.

00:27:33,370	Fisher Connelly. Yes. Mayor Schmidt. Yes, Chair Cle. Yes. All right, item G, consider the request to receive an update on the Tyler Cooley regional stormwater Pro and provide direction on public engagement, Gabe. Hello, chair and Commissioners, uh.

00:27:59,970	We’ll be talking about our Tyler Cooley stormwater improvement project, uh, known as special assessment stormwater improvement or stormwater District 576. So I would like to visit with you about 3 things on this project. First, just an update and kind of a refresher on this. We’ve talked about this project.

00:28:14,770	It’s been in our master plan for a long time, but, um, as we continue product development, um, we have commissioners come on board that might not have heard the conversation originally and want to make sure that everyone’s on page on, on the same page of what we’re up to and, uh, consistent with that. um.

00:28:29,970	We’re going to be talking about our Tyler Parkway project through the same general area and where we might have some efficiencies that we could, you know, build some of these components together at the same time, maybe with the same contractors, etc. and then a discussion finally on our public communication and outreach. So first off, Tyler Cooley, this is the Northwest Bismarck in a watershed that encompasses about 1900 acres, largely developed.

00:28:50,570	There’s some areas of, of developable land that haven’t been developed, but by and large, uh, everything you see here that’s, that’s yellow either has a house on it or is zoned to have a house on it by by the majority of it is is already is developed in in its nature.

00:29:04,970	Uh, we’ve had master plans from the very beginning in 2002, up, up through 2016, the most current and active one, really from the get-go, the City commission in our direction was. we can build in this area, but we know we got to do something with Tyler Park or Tyler Cooley to slow water down to have detention in in regional and at the time and some of the previous master

00:29:20,070	plans, we said let’s put some dams in here. Let’s put some really large dams that hold a lot of water and that will be the solution. So we didn’t kick off that solution, but we’ve told everyone that will be the plan.

00:29:32,800	And so then allowed all this development to occur because we said we have a plan, we just haven’t initiated that at that point in time. So this watershed drains, uh, the farthest north area is Horizon Middle School, is that blue, uh, I can put my pointer here.

00:29:53,700	So Horizon Middle School here, uh, segments of Horizon Heights, uh, draining all the way through Tyler Cooley and then out Pioneer Park to the Missouri River. So the goals of the project is to eliminate both the high hazard dams that are there today, the embankments that we have of Valley Drive, uh, detained more than 25 acre feet of storage as well as um don’t have the required stream crossing standards that would then allow it to not be

00:30:14,570	classified as a high hazard dam. So we, we have them in place and nor do we want to have more of those uh high hazard dams require additional, uh, maintenance and inspections and additional spillway protection and just beer infrastructure.

00:30:31,530	if you get above a certain threshold, uh, primarily to protect all those people that might be subject to damage or worse if that dam failed. So our goal is to not have dams in our community as well as we can and to find solutions that that aren’t dam related.

00:30:45,370	So the other goals of this is to provide peak discharge control, so you’ll see in that coolie if you go walk it, you’ll you’ll see erosion. I mean, it’s a coolie, so some of that’s gonna be naturally occurring, uh, but some of it is also uh contributed by man-made actions and our increasing of the impervious nature and the runoff that goes through this coolie.

00:31:01,970	Uh, we’ll want to provide some stormwater quality components, and then this project is funded primarily through special assessments to the properties within the watershed, so it doesn’t matter if you’re at the very bottom of the watershed, the very top.

00:31:16,100	Uh, if your water drains to Pioneer Park, those are the Components of those are the properties that we would identify as being included in the special assessment district similar to other regional projects that we’ve done throughout our community. bringing in those properties that drain their water to that location. So the actual project is kind of twofold.

00:31:38,770	Uh, the first component is detaining water behind new embankments, so we would go to the intersections of Claremont Drive, Valley Drive, that would be future Tyler Parkway and then in the Eagle Crest development and place uh detention ponds.

00:31:55,100	I think I go to the next thing, yep, so, uh, an embankment at the bottom of the coolie, something in the range of, you know, 10 to 1525 ft high, um, which sounds like a lot, but when you look at the coolly, uh, elevation relief and then in some of the spots, it’s 150 ft, so it’s, it’s not like we’re filling in the entire coolie. I want to make sure that that’s abundantly clear, but when it does rain, we would hold back enough water up to, but not to exceed the 25 acre feet. Many of them designed to 24.

00:32:10,370	99 acre feet to get as much capacity as we possibly can out of that and. before it triggers into that *** category. Every time I say that, I think I’m swearing, but I’m not swearing any of them.

00:32:25,870	I’m referring to just dams, earthen dams is what I’m talking embankments, uh, the other component of this is to increase the capacity of some of the existing crossings that we have, uh, at River Road at Claremont Drive and at Valley Drive. Some of that is related to stream crossing standards. Some of that is related to our own stormwater ordinance and wanting those roadways to be passable during a storm event.

00:32:41,430	So we have those same requirements in other places, we expect that when there’s a flood happening or a rainstorm that we can get a fire truck across this and there’s not a foot of water on top of some of these higher arterial and collector type roadways, so some of that is our own, um, ordinances and, and guidelines that we’re trying to follow

00:32:56,770	that uh would necessitate the increased capacity of those existing crossings. Uh, the final component that I’ll touch on here today is the improved conveyance through Pioneer Park.

00:33:15,370	If you go down to Pioneer Park after a rain event, uh, pretty much any rain event, it almost seems like there’s a lot of water that that jumps the channel. We’ve there’s not enough capacity in the existing channel to drain it all the way to the Missouri River, so it widens its bank, uh, so you can see in this the 10 year inundation, so during that 10 year event, uh, which we’d expect to see once or a 10% chance in any given year, um.

00:33:32,000	The yellow areas what would get wet today, uh, under, under existing conditions, the green area is what we would expect to get wet during that same rainfall once the proposed project is completed, so a combination of detaining that water upstream and in Pioneer Park specifically putting some berms along the channel that will just kind of, instead of

00:33:52,300	uh building or digging the channel lower to get that elevation. We’re just really bringing the Earth adjacent to it higher, so that there’s more of that channel, uh, more of that conveyance that can go through the, the channel itself.

00:34:09,370	Mr Ris, Madam Chair gave, so in Pioneer Park, will we be making a channel or digging something out through the volleyball courts or or something. Uh, chair, Comm, Comm Rich Risch within the Pioneer Park, there would really be no excavation. It would be where the existing shared use path is, starting from that elevation and then building up a berm that maybe goes up 2 or 3 ft, levels off and then comes back down again.

00:34:27,130	So the channel we don’t touch, the shared use path, we don’t touch, we just raise the elevation of the, the ground in between those two to then lessen the likelihood that that channel, uh, or the water inside the channel, I guess overflows its banks and gets the trail wet in the sand volleyball courts wet.

00:34:42,570	And the playground equipment, wet, etc. I would note there’s always a bigger event. There’s always going to be a time that that probably still happens, but when we’re in the area, this seems like a really good opportunity to try to make that as as well as we can for, uh, the Park District in that area.

00:34:57,500	But good question. So that’s kind of the proposed improvements as we now talk about what’s new, I guess, if you will, just the concept of the Tyler Parkway project occurring. So here’s a map. North is up. I didn’t label my streets here, but Valley Drives on the bottom.

00:35:15,170	Uh, you can kind of project where Tyler Parkway will be extended. I’ll, I’ll show that in a second here, um. So if I, if I turn on the next photo, uh, we’ll just overlay the graphic and this graphic was prepared as part of the Tyler, uh, coolly.

00:35:33,870	Study or even in the master plan documents that we knew that Tyler Parkway might be an option in the future, so we want to make sure that whatever improvements would be included in the Tyler Cooley project, stormwater project would not have to rely on a future Tyler Parkway, but also would recognize if that exists that it’s not going to be problematic for, for both of these to operate in the same

00:35:49,300	area. So you can see that the embankment for what we’ll call Tyler. Uh, upstream of Tyler Parkway is not in the main channel, just off the main channel, allowing room for Tyler Parkway to be constructed through uh the channel bottom.

00:36:08,030	Now as we get further into some of these decision making things and getting some of these timelines worked out. It’s definitely advantageous for us to determine which of these items could be done concurrently either by the same contractor or at least uh. Have each contractor know what the other one’s doing.

00:36:24,530	So I mean if if nothing else, there needs to be a tighter cord tight coordination, but we’re even looking at uh elements that we can just bid as one plant set if we’re hauling material from the same borrow source to build the embankment.

00:36:41,030	That’d be a really good time for us to haul material for the embankment for both Tyler Parkway as well as the regional stormwater tension that’s 80 ft away from, from that same location. So we’re looking at some of those activities, working with our design teams, our two separate consulting firms that are working on both of these, um, asking them to put. their thinking caps on and figure out which ones of these items can we combine.

00:36:54,370	A lot of that will depend on the material types and and what material is suitable to be used for each of these activities, um, and if we have all good materials, probably lots of options for us to consider if we have limited good material, we still might have to export in, borrow from some other site and maybe some of this coordination is more

00:37:08,770	just coordination and not um one project is building or one contractor is building all of these items, but we will have to be aware of, of the embankment materials access, even the duration and and. amazing, maybe combining those concepts, um.

00:37:26,470	The Tyler Parkway project would in, in theory, or would we plan to be start construction in 26 next year, but we won’t have a drivable surface on that until 27 when all of the embankment has settled out and we’re ready to put a surfacing on top of it.

00:37:43,000	That’s another little wrinkle in the timing then of when would we want to rip open Valley Drive to construct the Valley Drive crossing improvements as well as Claremont Road. So there could be discussions on when’s the best time to do that? Uh, should we wait until Tyler Parkway is open and available before we rip.

00:37:58,370	to Valley Drive, those would be sort of the things that we’ll kind of work through and if it raises to a commission level type of discussion on phasing, we will bring that back to you for your, for your discussion.

00:38:12,930	Um, so any questions, I guess, high level on the Tyler Parkway Coronation piece or any guidance that you’d want to share on that, um, if not, I guess we, we keep it like any of our other engineering projects and try to make this the best decision we can, um, for the public on their behalf. Mr. Risch, Madam Chair G gave, uh, when this was approved by the commission, I asked you if there’s a possibility we could get a fishing pond. We’ve got one in East Bismarck.

00:38:27,330	We have one in South Bismarck, and they’re used by a lot of people and, and that’s a long ways away from the other two places we have them in town. So when you’re building these dams, I know you want to keep them for water storage when we got to, but it’s a possibility we could actually, um, keep some water

00:38:41,570	in one of them and um, Uh, do a fishing pond. I, I, I’ve spoke with the game and fish department and they’re interested in participating with us. It Chair Cleary, Comm, Comm Risch. So I think the opportunities obviously there.

00:39:00,470	I mean, there’s, there’s, there’s land, there’s water, it’s being fed hydraulically from some source, um, so it’s no different than what the Ducks Unlimited, I should say it’s no different. It’s similar in the sense of what Ducks Unlimited is doing in, uh, the property that Parks and Rec own South and what was the Gulf Drive area and now the Claremont Family Conservation Park, um, even when they were going through their, uh, you

00:39:17,070	know. Habitat restoration project, uh, we said, hey, there’s, there’s a lot of water. How much water do you need? And they said, we just need a little bit. They just, they just needed a little bit of storm water to recharge their ponds. They don’t want to take on the entire channel.

00:39:32,770	They want to take on just a little bit to make sure that the water’s circulating through that for for the health of whatever, you know, aquatic species they might have in there.

00:39:46,700	Um, so I think we’d take the similar approach if there is interest in um some other amenities in this land, whether it’s in the land that the city’s already purchased or some other location. up and down the coolie, I think there’s there’s value in exploring that. I just don’t think it’s going to be in the main channel. It won’t be in this, this run here. We won’t want to enlarge these ponds.

00:40:04,500	When we enlarge these ponds and have them hold water, we’d have to have more of them because we’ve already attained that 25 acre or 24.99 acre feet of storage, and if we start putting a wet basin in those, we will start just decreasing the amount of storage that’s available.

00:40:23,630	So if there’s only 24 acre feet of standing water, we only get 1 acre foot of storm water that we can actually add to the system, which means we need a lot more ponds in this entire corridor if we have them full of water all of the. Time. Just need one.

00:40:37,000	So, but for, for the projects to still function, I guess, is my, my, my component that if you filled that in, you probably need another pond somewhere else in this corridor which would increase costs, um, so what I would what I would recommend is that we would consider that concept but looked to other locations in the area that either the city owns or Park District owns, um, as far as either the the future master planning of the

00:40:54,030	Claremont Family Conservation Park or in the property of the city purchased for the purpose of both this project and the Tyler Parkway extend. to see if there’s area within that, but I wouldn’t tie it to a special assessed improvement project for stormwater master plan, um, necessarily, I guess is where I would land on that one.

00:41:14,830	Any other questions for Gabe? Are you looking for something specific from us for this update? Uh, I have, I have some more slides. I was probably just more on the coordination piece if, if there is a a concept of saying thou shalt, we, we really want to keep all of these roadways open at all

00:41:31,370	times or only close one at a time, we can accommodate those sorts of things, but in doing so, it, it increases potentially the time frame of some of these projects occurring, um, if we’re saying you can’t take this road out of commission until this one’s done, and we know that this one

00:41:45,830	won’t be done for 3 years. OK, well, that just means that some of this other work. happened till 4 years from now. So that’s just something to consider as we’re talking about so those restrictions. Sure, sure. OK.

00:42:02,370	Uh, for upcoming items, uh, kind of the most pressing items we have, uh, for the stormwater improvement project would be some final permitting that we’ll have with the US Army Corps of Engineers, um, that kind of took a standstill at one point in time due to some, uh, desire for them to ensure that that there’s no cultural resources in the area, so we did additional cultural resource evaluation, uh, and, and came

00:42:16,900	back. With, with no findings, which is good, but that was a piece of information that the core wanted, so we’re restarted that process with the core. We’ll still need easement acquisitions from some of the other landowners in this corridor, one of them being Bismarck Parks and Recreation District.

00:42:33,300	We also have some other landowners downstream in particular across from Pioneer Park and we have some property next to or that’s uh Doxa Limited owns in this area that would also be conveyance, so we’d have to work with them on what improvements we put through their properties. We’d like to finalize our design this fall slash winter.

00:42:49,830	And then construction at least components of this to be started yet in 2026 in concert with the Tyler Parkway Extension project, so it’s very likely that you might see a bid package for Tyler Parkway extension that includes some elements of this stormwater project that would be bid into that and funded separately from the 0 cent sales tax that would

00:43:07,800	be paying for Tyler Parkway. So it’s kind of just a preview of what you might see as we get going, obviously when we start uh we’ll have more commission touch points on this. because we’ll have to create a preliminary engineering report that would kind of identify some of these elements.

00:43:24,570	It would better lay out our planned approach so that’ll be at a minimum the next time you get to see it before we would do any sort of bids or or public awards or anything like that. In my last slide that I have for you is on our public communication.

00:43:40,030	Now, this is what we’ve done so far and then just want to have opportunity here at the end to discuss what else you’d like us to do. Uh, we have a, a project website maintained for this watershed that shows the, the existings and and current stormwater master plan for that matter shows all the non-current older master plans as well, as well as the presentations we’ve

00:43:58,700	given to this board, Parks and Rec board, any, any presentations we’ve given publicly are all available for the public to see on our website. We did send a direct mailing to the adjacent property owners as part of our US Army Corps permitting process. With that gave them an explanation of the projects and frequently asked questions.

00:44:14,170	Um, it did kind of confuse the neighborhood because we sent it to just the people that are. Adjacent to it, not across the street from it. So one person might get that letter and then the other Guy didn’t and so they wondered why that was the case and it was more of the less the core’s requirements in

00:44:28,770	terms of who gets notified and it’s just they’re adjacent, not everyone in the watershed. We would typically and we would plan on this project, send a direct mailing to everyone within the watershed, uh, telling them about the project, letting them know the timing that it’ll occur once that timing is better known, that’s maybe something I’d want some

00:44:43,330	input from you all on. We would typically do this at a state of the project where we have the costs really well known, and that’s usually after we bid the project.

00:45:01,430	It’s is typically when we would send that notification out, which would give them the most accurate, uh, number for the assessment, um, a lot of times in our special assessed projects, we send that letter out early during the protest period, but a stormwater improvement project is a non-protestable thing, so if the commission wants to do it, the commission can do it. It’s a it’s a life safety type of component, unlike the road maintenance components or projects that we would work.

00:45:16,170	on where the adjacent landowners have a larger say, if you will, on whether or not the project proceeds with special assessments as the funding, so I just offer this to you now as if there’s other things you want us to do or if that sounds like an OK approach, and we’ll continue.

00:45:29,500	This is kind of the approach that we’ve taken with every other regional stormwater project. We just don’t have a lot of these to compare to, nor do we have a lot of these in the future that we’re, that they are in the hopper.

00:45:44,970	I mean a lot of our regional stormwater master plans in the new watersheds that we’re working in require onsite detention and over. tension so that we don’t have to do a large regional project 20 years after the first development occurred, we’re just doing stormwater detention at the time of development and at the pace of development, so we don’t have a lot of future projects that we’re planning in this regional sense, but we do

00:45:58,470	have some of these that are master planned that we really are out of options in Tyler Cooley because we’ve already developed darn near all of the thing at this point in time. So I pause for any questions or or direction from the commission on this topic. Any questions for Gabe? I don’t think so.

00:46:18,730	I think. Future mailing sounds good to me. Yeah, well, I guess that’s the extent of my presentation and if there’s anything else, and I’m met your. beck and call, you know where to find me. Thanks, Gabe OK, we will move on to item H. Consider the request to review the timing of collection for utility capital charges.

00:46:49,670	Michael Chair and Commissioners, um. Just wanted to come before you tonight, we had a request to look at our utility capital charge time of collections. Just a little history, utility capital charges went in place in February of 19 after our rate study in 2018.

00:47:12,130	And what it is, it’s uh as development happens, the developers pay this at the time of developing and it’s a buy-in to existing, um, infrastructure that the city has invested in, whether it’s the water plant, the wastewater plant, um, transmission lines, uh, stuff like that that was done in order to support development and it’s a way to buy into that system.

00:47:34,430	Um, the HomeBuilders Association made a request to review that. The request is to look at the time of collections of either taking it from the time of development and moving it and shifting it to the time that a building permit is pulled out. And staff has reviewed this request, there’s certainly things that are beneficial in there.

00:47:51,730	There’s certainly things that we would have to have some further discussion on, um, but seeing that this was a commission action to implement this. We wanted to bring it forward to see if there is any direction you might have for us as we look at this if you even want to look at this, um, time of collection or if there’s any

00:48:08,600	other questions you might have about it. Any questions for Michael? Mayor, yes, so the reason it’s here is I probably am the one who driving it mostly because it’s come to me, um. The purpose for looking at when that collection occurs.

00:48:34,130	Right now when the developer is collecting that upfront, they’ve now got a carrying cost on that charge, so there’s interest factored into their lot prices. It’s probably increasing their lot prices. I don’t know, it depends on who you talk to, but let’s just say it’s between 2500 and $4000 per lot for carrying the cost of those charges upfront versus it being collected when the building permit is pulled, um,

00:48:57,200	and And so I think it is a way to look at reducing prices into the future and also currently because the developers, uh, have assured us that they will reduce their price if they are refunded any money, but we would need to give direction to Michael and his team and others on city staff to proceed

00:49:17,430	forward to evaluate this further and ventt it further. Any other Comments questions, Comm Zenker. Yeah, so I’m, I mean with the, it did go to the Mayor first and he did include me, so if anybody’s worried about that, that didn’t happen.

00:49:38,770	Um, I, I don’t have a problem as to what, when we do it or how we do it, um. It will clean up some stuff on the commercial side of things because we’ve always maintained that that initial charge had to be a 2-inch meter and sometimes, sometimes the building does require one and sometimes when you put it on there, it doesn’t, you know, so there’s that.

00:49:55,330	That scenario. Um, the, one of the drawbacks that we discussed a little bit internally is that the cost for the permit when the builder goes and gets that permit is gonna. It’s gonna be a, you know, whatever that meter charges now,, 4300, 4700 bucks, right? That’s a 3 quarter UCC charges added on.

00:50:15,770	Yeah, so we might have to, we might have to take a look internally is, is to, um, Maybe come up with something that includes the meter and the UCC charge, um, just to make it a little bit more.

00:50:36,370	Clear when they, when they get that, but it will be a rather large bill at the time of the, of, of the time of permitting that they’re not accustomed to paying now, so. But I think we can communicate that, um, couple of builders that I spoke to, I think the mayor, correct me if I’m wrong, I think you talked to a couple too. They understood it, um, and.

00:50:51,530	They understand the, the pros and cons of the switch, so like, like Comm Zinger said, I talked to 2 or 3 as well, and so, I mean, it’s. They understand the cons and the pros. The big thing is, is that if we’re gonna reduce lot prices a little bit, I think it helps. Every bit helps.

00:51:10,700	So it essentially remove like you’re taking those dollars off of the lot price, but then they shift, then that bill will be bigger when they’re doing that billing building permit, but in theory it should be less because they’re not having to pay interest on it while they’re holding it, whatever time that, yeah, it’s.

00:51:30,530	It’s kind of a shell game a little bit, but I mean, it’s, it doesn’t affect. It affects everybody, but actually the business people that are taking care of it are, are a smaller group, um, if a general citizen builds a home and goes through it, they’re, they’re gonna get a little sticker shock when they got to

00:51:46,070	pull that out. So there could be, um, some of that, but, um, yeah, what whatever way we go or whatever we want to do, it’s really to me doesn’t really matter, so we still, but we still need to collect the money for maintenance. On the, on the facilities that we have and that’s what the UCC charges for.

00:52:06,170	OK. So, Comm Connelly, Well, if I remember right, because a lot of this was a lot of discussion that I had with your predecessor, Michelle is trying to get away from the abanyance conversation where you’re holding things of somebody’s in the county and they get annexed and then those look back charges occur to where with

00:52:29,230	this. Um It can be part of the discussion like you’d mentioned, Comm Zenker, is it still most of those charges are gonna hit closer to that point of sale.

00:52:47,870	Um, to where it won’t be a later date where we’re holding on to that and then all of a sudden it hits later, which creates a much bigger uncomfortable conversation. In my consistent with that. On a shirt. Chair Comm, yes, like it, it.

00:53:10,870	It will be closer to the time of sale of that lot, so, um, that does help one of the big things that we are looking at is to making sure that wherever this UCC charge does fall, can still be rolled up into a home loan if that property owner has a home loan and doesn’t have to come out of their pocket. Um, so we want to protect that part as much as possible to make sure that people can get into those homes.

00:53:23,570	Yeah, and it’s much better at that point than a later point because all of a sudden, if you get hit with all of those costs, those costs only rise over time, so. Thank you. Any other questions for Michael? Just consensus on moving forward with If you’re good with wanting to look into it, and we would certainly bring any, any information back for a decision

00:53:46,670	at a later date after we’ve gone through and vetted everything consensus would be OK. OK. I mean, I’m fine with it. Seems like you have your consensus. Thank you. Thanks, Michael. OK, um, we are going to, uh, any other business, I guess, before we go into executive session, um.

00:54:12,300	Comm Risch, I was just gonna Before we go on, I wanted to remind people because of the storm, public works, um, is sending roads and streets out with garbage collection to pick up tree debris on the boulevards, so it’s not something that usually happens now that we don’t collect extras, but they will be doing that all this week and all next week during

00:54:35,630	your regular garbage pickup day. So I’m just in case you didn’t already see that PSA that’s out there, uh, Comm Risch, good point. I just want to give a shout out to Public Works and Forestry, uh, Friday night, we had the uh substantial storm, 82 mile an hour winds.

00:54:52,770	They were on duty that night all through the night on the weekend, and they’ve been working hard ever since and as you mentioned, um, uh, if you put your stuff out on the boulevard now, they’ll pick it up between now and, um, July 3rd, but it’s got to be small enough that one person can bring it Um, loaded up.

00:55:11,030	So that was a, uh, I appreciate the employees that have been out there working so hard, and this is a great idea, a great service to our community going around picking up these trees off the boulevards.

00:55:30,630	Uh, another thing I have on this Saturday, uh, we have our June 19th, um, celebration at Kiwanis Park, South Washington Street, so urge people to come out and engage on our June 19th celebration. And the last thing, I guess it’s a que question for Comm Connelly. I’m wondering, you know, at the last meeting we, you talked about your ballot idea and, uh, you were gonna work with city staff.

00:55:47,870	Are you progressing? Are things going OK in that regard? We had, um, thank you, Madam Chair, Comm, Comm Risch, um, we had one meeting with Comm Zenker, um, and Jason and Gabe and making progress, um.

00:56:13,430	The one question, uh, thanks for asking us is that there was a submission of new working on the 6th and um the committee chair has not received the letter as response to that yet, um, so he had surgery today on his shoulder and um he was just looking for that letter before, um, the next steps were taken.

00:56:38,630	Anything else? No, it’s, if you want to add to that, um, Julie the letter did go out, um, I just don’t know how the poster, postal service is working that so it, it’s in progress and through the system I’m assuming. OK Alright, with no other business, um.

00:57:09,170	I’m gonna word this incorrectly, but we need a motion to go into executive session, correct? I’ll make a motion we go into executive session under North Dakota Century Code Section 44-04-19.2. Regarding contract negotiations, negotiating strategy under NDCC Section 44-04-19.1 for the consideration of land acquisition. This is the second one also need to be? Right We can only go to one, OK. Got it. Did I have a second? I’ll check it. OK, we have a motion in a second.

00:57:39,730	Uh, go ahead and call roll. Comm Connelly? Yes, Mayor Schmittz. Yes. Comm Risch, Yes.