00:00:15,500	515. Excuse me. On the 10th of March, we’re in the Tom Baker room of the city County building. This will be the board of city commissioners. But before we call, roll call to order, if we can have Chaplain Lucas come forward with invocation and the Pledge of Allegiance, please. Thank you for the opportunity.

00:00:40,130	I would invite you to stand with me as I pray. In the tradition of my personal faith. And then continue standing for the pledge that will follow. Heavenly father, I come before you tonight with Thanksgiving, thankful for all of the blessings that we have in our lives, our families, our children, our friends in a

00:01:06,870	country that is free for the opportunity to voice our concerns, to vote, and to have an impact on our country moving forward. Father, I pray for our first responders this evening. Even those that are serving at this very moment for safety.

00:01:33,030	For discernment that they can safely and efficiently serve our city. And father, I ask your blessing on this meeting tonight. Give discernment to these leaders that have stepped forward to lead the city forward, to make the critical decisions, to keep moving our community forward. We ask these things in Jesus name, Amen.

00:01:56,470	And the pledge? I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Thank you. Thank you. All right. We’ll call the meeting to order. If we can call. Roll. Commissioner Risch, here. Commissioner Zenker here. Commissioner Connolly here. Commissioner Cleary here. Mayor Schmitz here.

00:02:28,930	At this point in time, it’s public comment. Anything. We have public comment for anything that’s on the consent agenda. The regular agenda that is not a public hearing or the prior agenda from the prior meeting. Thank you. Mayor Lana. And Miller was once again engineering representing Heather Jones for item E on the regular agenda.

00:02:52,130	We’re repealing the Planning and Zoning Commission denial of the zoning change, major final plan and road fringe roadway master plan amendment. Um, we’re asking for the appeal tonight, so we have another opportunity to really to to present to the commission some of the things that maybe we’re not clarified as well

00:03:08,730	from our end on the on the initial planning and zoning presentation. Um, there are some, uh, some future land use issues to the east of this property. It’s an urban reserve area.

00:03:24,100	Um, I think that perhaps the the neighboring property owners who had concerns about the placement of our road and the way we were going to set it there, they had some concerns about that interfering with their ability to subdivide or their ability to have their septic system where it is and things like that. Um, this area to the, to the east is urban reserve. So at some point it would become city size lots.

00:03:38,930	Uh, so we placed the road on our property to the west. We’ve been matching up on the east as well, and we’ve shown, uh, an exhibit to the city staff that they, they can better develop the area.

00:03:50,430	Um, as city size lots with the road place where we have it set right now. Um, it is a small adjustment. It’s about 200ft from where the fringe roadway master plan shows it right now. Um, but it would be our intent to, obviously to to serve our, our, our development as well. But then it works as well. Going to the east.

00:04:07,470	Um, I can certainly answer any questions if you have them, though. Not at this time. Thank you. Thanks. All right. Again, this public comment. Anyone wish to speak? Please come forward. A second call for public comment. A third and final call for public comment. Seeing no one, hearing no one. Public comment. Period is now closed.

00:04:33,870	Commissioners, what would be your wishes with regard to the consent agenda? Mr. mayor. I’d like to pull off item I, two. Okay. With regard to the rest of the consent agenda, commissioners. I’ll make a motion to approve is presented. Second. Any discussion? Hearing none. We’ll call roll. Commissioner Zenker. Yes. Commissioner. Connolly. Yes, Commissioner. Cleary. Yes, Commissioner. Risch. Yes.

00:05:04,930	Mayor. Schmitz. Yes, Commissioner. Risch. Yes, Mr. mayor, I pulled off I two because it deals with the lead pipe. Um, issue that we’re trying to address in the city, and I thought it’d be a good opportunity for Mr.

00:05:21,470	Marr to explain what it is the city’s doing as far as helping people in replacing these lead lines that are going into their homes. Go ahead. Yeah, I’ll explain a little bit. Mayor, commissioners. Commissioner Risch, what we’re trying to do is section off this portion of our service line policy. The city has received some federal and state funds to help reduce the cost of replacement for homeowners.

00:05:42,330	So right now, with the funding that we have, um, we can reimburse up to 80% right now, as long as that funding stays there to help property owners replace their lead service line from their curb stop into their home. They are responsible for that.

00:06:02,170	This would cover restoration concrete, um, sprinkler repair and that lead service line. Um, and so if they want to reach out to the city to utility operations, we can get them in contact with staff and give them the packet. But it’s a great opportunity to help reduce those costs for. Them. Yeah. Mr.

00:06:19,300	Mayor Michael, and that’s why I brought it up, because I was concerned there might be some folks that are looking at this lead line and saying, boy, it’ll cost me a fortune. I don’t dare say anything about it. But when there’s that kind of help available, it’s important that they they know that. So help, help spread the word.

00:06:33,670	Thank you. I got one I’ve got one other issue. I was accosted at the back of the bowling alley yesterday about the fees for when you pay your utility bill with either a credit card or a debit card.

00:06:45,970	And I tried to explain to these people, you know, you can go what my bank calls a bill paid, but it’s a large payment. Um, it doesn’t cost anything. Or you can send in a check. Is that correct? I mean, the reason we’re charging the fees is because the credit card and debit card companies are charging us for using those cards.

00:07:01,300	Correct? Correct. This is a convenience fee. If you pay your bill online. Um, so if you use a credit card or a debit card online, you’ll, you’ll be charged that fee. Um, if you use a bank transfer or an ACH, there is no fee for that. If you come into our office and pay, there’s no fee.

00:07:18,070	You can use your credit card there for no fee then to. Or you can mail in a check if you want. You can mail in a check. We still accept those. Okay. Thank you. Michael. Yeah. All right. Thank you. Commissioners, what are your wishes with regard to I. To move to approve second. Any discussion? Hearing none. We’ll call roll.

00:07:39,230	Commissioner Connolly. Yes. Commissioner. Cleary. Yes. Commissioner. Risch. Yes, Commissioner. Zenker. Yes. Mayor. Schmitz. Yes. Moving to regular agenda item A, it’s a public hearing on ordinance 6656 to amend sections 902090702 and 90802 of the City of Bismarck code of ordinances related to the city employee pension plan and the police pension plan.

00:08:07,530	This is a public hearing. Anyone wish to speak to this? Please come forward. A second call for comment. A third and final call for comment. Seeing no one, hearing no one public comment period is closed. Commissioners, what are your wishes? Move to approve is presented. Second. Is there any discussion? Hearing none. We’ll call roll. Commissioner Cleary. Yes.

00:08:34,730	Commissioner. Risch. Yes, Commissioner. Zenker. Yes. Commissioner. Connolly. Yes. Mayor. Schmitz. Yes. Item B consider requests for resolution. Receiving of bids, ordering the engineer’s statements, and awarding of contracts for Street Improvement district C 594, part A and C 594. Part B Linda, welcome. Good evening, Mayor and commissioners. Street Improvement District number C 594.

00:09:08,270	Is our annual street maintenance project. Asphalt maintenance. Um, given the size of the project, we typically bid this in two parts. Um. Uh. We’ll start with. A. Part A was bid on March 3rd. Um, the engineer’s estimate for this project was just over $5 million. We received two bids.

00:09:44,130	Uh, the first bid or the low bid came from Northern Improvement Company for $4,064,372.90. Um, and before I move on to B, I’ll ask that you approve part A. Okay, move. To. Approve as presented. Second. Any discussion? I’d just like to comment. It’s 20% under the estimate. So that’s good news. All right.

00:10:14,000	Any other comment? Hearing none. We’ll call roll. Commissioner Risch. Yes, Commissioner. Zenker. Yes. Commissioner. Connolly. Yes. Commissioner. Cleary. Yes, mayor. Schmitz. Yes. Go ahead. Linda. Okay. Street improvement District C 594, part B was bid on March 4th. The engineer’s estimate for this portion of the project was just over 4 million.

00:10:44,030	Uh, we received two bids. Again, northern Improvement Company was the low bidder with the bid of $3,374,512.20. We ask that you award it to Northern Improvement Company. I’ll move. We award. It. Second. Any discussion? Hearing none. We’ll call roll. Commissioner Zenker. Yes, Commissioner. Connolly. Yes. Commissioner. Cleary. Yes, Commissioner. Risch. Yes. Mayor. Schmitz.

00:11:14,330	Yes. Item C is consider request to hear the insufficiency of protests on the resolution of necessity for Street improvement. District 595. Linda. Okay. Um, mayor and commissioners. Street Improvement District number 595 is a six unit district to do scrub seal projects throughout the city of Bismarck.

00:11:43,400	Um, the resolution of necessity was advertised in the Bismarck Tribune on February 3rd and February 10th. Uh, the protest period ended on March 5th. And. Of the 1159 parcels that are in this district, we received six protests. Um, over, um, four of the six units, um, as you can see, they’re well below that threshold of 50% for sufficiency of protests.

00:12:23,400	So, um, ask that you accept the insufficiency of protest unit one through six an award, and ask us to move forward with, um, 595. Commissioner to approve.. Second. Is there any discussion? Hearing none. We’ll call roll. Commissioner Connolly. Yes. Commissioner. Cleary. Yes. Commissioner. Risch. Yes, Commissioner. Zager. Yes. Mayor. Schmitz. Yes. Thank you. Linda.

00:12:54,170	Next item D consider appeal from Henry and Lisa Gervin on the denial of variance from section 14 0306. Pear open pear one close. Pear. Open. Open pear. Be close. Pear. Open pear for close. Pear of the city. Code of ordinances. Incidental uses. And I’ll leave the rest to Jenny. Thanks.

00:13:15,630	I appreciate that we really add a lot of stuff for you guys to read through. So let’s get started, Mr. Mayor. Commissioners Henry and Lisa Irving are requesting an appeal of the Board of Adjustment.

00:13:32,200	Denial of a variance from section 14 0361 before the city Code of ordinances, incidental uses and accessory uses and buildings to increase the area of accessory buildings from 1200 square feet to 1320ft on their property at 602 Margaret Drive. There is an existing 1200 square foot building on site, permitted and constructed in 2024. The maximum area of accessory buildings for this property, which is located within the city limits and is zoned R5, is 1200 square feet.

00:13:52,400	This was communicated to the applicant at the time they received this. The building permit for the existing building. The applicant would like to construct a 120 square foot accessory building in the northwest portion of the property to cover a private well that was also recently installed.

00:14:09,670	A variance is a device which grants a property owner relief from certain provisions of the zoning ordinance when, because of a particular physical surroundings, shape or topographical condition of a property, compliance would result in a particular hardship upon the owners, as distinguished from a mere inconvenience to or desire to increase financial return as a part of the applicant application for the variance

00:14:31,630	request, the applicant submitted a statement that identified their anticipated hardship, explaining to the Board of Adjustment why they believe the variance should be granted. The statement was included in your packet. The Board of Adjustment held a public hearing on this request on February 5th.

00:14:48,470	No members of the public spoke during the the meeting. However, one written comment was received. A copy of the comment is included in the draft meeting minutes, which are are included in your packet at the conclusion of the public hearing, the Board of Adjustment was unable to identify a hardship specific to this request, and voted 4 to 1

00:15:04,400	to deny the variance. If it is the intent of the City Commission to grant the request requested appeal and approve the variance as proposed, staff recommends identifying a hardship specific to this request and to determine that all of the findings for a variance are met.

00:15:23,130	The findings I’ll read to you, but they’re also listed in your packet, and you can read along, number one, that there are special circumstances or conditions that apply to the land or buildings that do not generally apply to land or buildings within the neighborhood, and have not resulted from any act

00:15:38,230	of the applicant that there that the strict application of the provisions of the zoning ordinance would deprive the applicant of reasonable use of said land or building.

00:15:57,330	The granting of the variance is necessary for the reasonable use of the land or building, and that the variance is granted is the minimum variance that will accomplish the relief sought by the applicant. Third, and finally, that the granting of the variance will be in harmony with the general purposes and intent of the zoning ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Happy to answer questions. I believe the applicant is here as well and prepared to speak. Okay.

00:16:14,900	Any questions of Jenny? Go ahead. Commissioner. Mr. mayor, Jenny, the 120ft you don’t ordinarily need a building permit for. Correct? Correct. Commissioner members. Um. The building department does not issue building permits for 120ft or less. However, that size still counts towards the overall area of accessory buildings for a property in the zoning code. Okay.

00:16:46,400	Any other questions? Thank you. If not, Commissioner Zenker. Mayor. Commissioner. Jenny. So is there a. In our packet? There’s no. picture of the structure that they’re trying to cover. I mean, what kind of well is it, um. If I could have a control room, show the docking station.

00:17:13,070	Are the Elmo on the screen? What do I do? Panic.. Whenever you guys panic, they always go to us, by the way. Like we’re never. Yeah. I don’t know if we have to close our. The red button would scream off. There we go. It’s the red button. Up a little bit for us.

00:17:54,800	So? So is it the structure that’s got, I think, an arrow pointing to it or. Yeah. So obviously the accessory buildings were the mark of 1200 square feet is in the existing private well is on the northwest side of the building. And right now it’s just a concrete pad. Concrete pad with the oops. Concrete pad with a jet pump on top of it, or submersible.

00:18:15,100	Well, or what have we got? That would be a question for the applicant. Okay, perfect. Okay. All right. We’ll have the applicant come forward. Thank you. Mayor and commissioners, I’m Henry Irving, the well, guy. So the answer to your question is it’s a submersible pump. It’s a 125 foot deep.

00:18:50,370	Well, um, in that picture, what’s missing is the pressure tank. And the reason that I requested this variance and I want to cover it is because I found that in the last year of use that it’s really hard water that I’m pumping up.

00:19:10,170	And so now I need to install a filtration system, and I want to put the filtration system inside of a building. The real reason that I, um, appealed the zoning board’s decision is I do not feel that they did do due diligence in that meeting. So I presented my case.

00:19:33,470	They closed the hearing, and then there were probably 25 questions that the members had that I was not allowed to answer, because the, um, a public hearing portion of the meeting was closed. I believe that as the applicant, I should have been allowed to answer those questions. That was the original reason for my appeal.

00:19:56,470	Um, subject to your questions, why? Why ten by 12? The reason that there’s no picture is because I figured that before I got a plan and decided what I was going to build or how I was going to build it, um, I would get approval. Um, that is a five by five concrete pad that I put down around the well to protect the wellhead.

00:20:13,130	Um, but I’d like to protect the rest of the structure so that I can continue to use it. And the filtration system is protected. Um, it will match the rest of my buildings. I’m not putting up a tin shed or anything crazy like that. It would look exactly like the rest of it.

00:20:33,270	I, I have a greater question, though, and it’s because I asked the zoning board this question, what is the penalty if I build a 120 square foot building that I don’t need a permit for, and nobody can answer that.

00:20:52,530	I think that’s something you guys might want to look at, because had I have not gone through this and been apprised of the 1200 square feet, I may have built this and been in violation, um, and nobody can tell me what happens to me if I beg for forgiveness, as opposed to asking for permission. All right. Your questions for me. Go ahead, Commissioner rush. Mr. mayor, um, I’m just kind of curious.

00:21:14,430	Why do you want to put a structure over top of a. Well, what if you have trouble and you have to pull the pipe stem out or whatever in the future? Wouldn’t that be an issue at that point? So it’s Commissioner. Um, that’s a good question.

00:21:31,030	Um, the structure would be built so that I can access the well and I can pull all 125ft out of it. Um, if you look at there’s a concrete pad that I can back the, well, pulling truck up, and I would build that so that I could open the roof and literally pull that because I can’t pull 125ft with a submersible pump by hand.

00:21:56,000	Other questions? Anybody else? Go ahead, Commissioner rush. Mr. mayor, um, Jenny mentioned that you have to prove some sort of hardship in order to get a variance request like this. Um, what would the hardship be? Well, there’s there’s several hardships. First off, um, without the. Well, I would be reliant on city water.

00:22:18,470	Um, and literally the increase in 2018 did not affect me, but I’m well aware of it. And the other thing is, is that the filtration system would degrade. So I would have to replace the filtration system because it’s it’s a stainless steel housing with plastic cylinders in it.

00:22:37,900	And so if it’s inside, I’m guessing the life expectancy of the structure itself is ten years. But out in the sun, just like tires and stuff like that, it would degrade by 2 to 3 years. So I would spend $1,000 every two years to be able to filtrate my water. Okay. Other questions. Go ahead please. Mr. Connelly. So as.

00:23:00,630	I watched the adjustment meeting and I reached out to, um, you, Henry, we talked a little bit, and I, um, held back what I know about this conversation on purpose so that you could present a fair way.

00:23:17,830	Um, but so we don’t close the hearing, like, happen at the Board of Adjustment. I’ll add what I have to the conversation. When the water utility rate meetings were going on, um, a lot of people were looking at ways because we had a lot of infrastructure that had to be paid for, and that was going to

00:23:32,670	demand a huge increase. Um, and it went up for a while. We were we learned about it. We were able to adjust and lower it somewhat, but it wasn’t significantly lowered where, um, it doesn’t present a challenge for people, so to speak, um, with her five tiered system now four tiered system.

00:23:56,200	So, um, some of the things that I learned that came up during that meeting is, is that, well, do you need state approval? And when I called the state and talked about the, um, well, approvals, um, they said that it has to trip a certain unit amount before that would be required.

00:24:17,200	And outside of the capital, there’s not really a parcel in the entire community. Um, Cottonwood at that time had switched from city water to where they drilled their own well, and they were outside of that. And that was the only one other one that they brought up.

00:24:33,600	Outside of that, we don’t have what’s called a wellhead protection program in the community. So anybody in the community can drill well and use it for irrigation purposes. But we don’t have very many water tables here. We have artesian wells. We have underground creeks and things. Um, the river is the primary one.

00:24:51,870	Once you start drilling, you don’t know what you’re going to hit and the cost goes up exponentially. It’s not really something that most would find a benefit. It just so happens that you have a well, which is nice.

00:25:09,400	And I remember, um, when we were going through it and it was Commissioner Zenker that you talked about, uh, we wanted green yards and those opportunities. That’s a lot of the discussion that we had around. So, um, it’s, uh, because of the overall city need, we had to address some of those questions. And, um, when we do close the public hearing, I have a motion ready to go.

00:25:31,870	But, um, would you, um, infrastructure on that as far as, like, neighbor is, is that minimal use of land? You have an opportunity to where you can take care of your yard differently than a lot of other people, because just most people are in that position.

00:25:54,200	And the benefit to other owners, I mean, you’re in a place where you can take care of things. Even if we get three months of 100 degree weather. So the stewardship opportunities there. So I just wanted to make those. If there’s anything you want to add to that. Um, that’s what I took from that meeting. Thank you. Commissioner.

00:26:12,970	Um, the other thing is, is in my estimate, I will pay for my. Well, in five years, not being on city water and not having to increase the water usage and or also with water restrictions. Um, you know, I don’t know what the future holds, but limited watering and stuff should not affect me.

00:26:30,530	Um, and that’s all great. Um, again, I just got to get past this hard water issue. Other questions, mayor. Questions. I’m going to just make a note. This isn’t a public hearing. Actually. We’re just allowing the applicant to respond. Okay? Okay. So. Or present his case in this case. So any other questions? Okay. No thank.

00:26:55,530	You, thank you thank you for your time. Yep. Commissioners. So I mean one thing we have to make sure of whatever we if we agree to overturn the denial, we have to come up with the hardship for the variance. And so just as a point of reference is all I make that. So yeah. Yes. Julie.

00:27:22,770	And I may have Jenny come up because she has it written down. You also have to make findings. So you have to find the hardships. And then there are three, at least three findings. And I’ll and Jenny has them written down so I won’t have to read them. Thank you.

00:27:39,500	They are commissioner commissioners in your packet, in your agenda you can click on the link there in embedded in the memo that I wrote for this hearing. I can also repeat them if you need me to. Reread everything. Okay. Go ahead. Okay. Um.

00:28:30,070	I make a motion to overturn the Board of Adjustments decision due to, um, the size. I think it meets all of them. The size, shape and topography of the environment. And, um, the decisions that we had to make as a city in order to maintain our gardens and yards, um, with minimal use lands.

00:29:00,470	I mean, um, and benefit to other owners because of, um, fire protection for the area and, um. I. Lost my train of thought I. Had. Um. I’ll just stop there. I don’t know if. It. Is. We have a motion. Second. Okay. Um, discussion.

00:29:33,230	I just want to make sure that we’re meeting the criteria that, like, you’re wanting us to specifically say what the hardship is, correct. Okay, so in my viewpoint, the hardship is a financial hardship. He has this well on his property. It’s not something everybody has. So it does make it a unique feature on the property.

00:29:55,070	Um, he’s using it as a way to uplift financial burden from himself, but then not being able to correctly protect the equipment is going to make it more expensive to maintain. So I think because of that, I would call it a financial hardship.

00:30:17,870	Um, I do think that to point number two, with the strict application of the provisions of the zoning ordinance, um, obviously he already has the 1200 square foot, but it seems a little ridiculous to do construction on that building to downsize it 100ft so that he has the ability to build this very small outbuilding that he’s not wouldn’t even need a building permit for, other than the fact that he’s over the limit.

00:30:41,400	So I think that you meet that because the alternative of granting this is him downsizing that main building that’s already constructed and built in order to build this other small one. Um. So the question, the question I have is. Is, is I can just tell by the consensus. The. Yeah.

00:31:06,400	The question I have is, is financial hardship is an item that we can actually grant the variance for. No. Yeah. So that’s the struggle. To. Oh. So he can’t be a financial burden issue right. That’s that that seems troubling to me.

00:31:30,170	Just because most hardships have something to do with some sort of finance, but it is what it is. Go ahead, Commissioner. Just. To expand on that. Right.

00:31:42,800	So then so then you give an opportunity for someone to over build a house or a building or a shop or whatever and never finish it, right, and say, hey, can I get a variance? Because I ran out of money and I can’t, I can’t finish this piece of property, right? I mean, you just gotta understand the can of worms that you’re going to open and make sure you, you only get the right, the right ones out of there type thing.

00:31:54,630	So if we’re going to grant it, I think we have to have a different reason. Okay. Well, Mr. Mayor, um, you know, the one thing that jumped out at me, these were two lots put together in one lot. Had he not put them together in one lot, he could have built two 1200 square foot buildings. So.

00:32:15,330	Right. Oh. You’d have to have the house first. You’d have to have a house first. Okay. Oh. 5400ft. Right. I. I think under. Safe agreed with all that. Like, I’m just trying to figure out how we navigate this. Under safety.

00:32:37,370	And anybody that has access to water during our dry years, and that there is some fire protection there. He’s in a unique position to where he has that. Um, if there is to where a person has to ration water, where other yards might not be getting that opportunity for water, he’s also in a position to where he can, um, pump that water.

00:32:58,600	And, um, it’s three I, I wasn’t prepared for three. So, um. We just need to be one of those things. That’s one of the three. Well. All three. You have to meet. Them all. Oh, yeah. And the. Finding is more difficult. And that. Mr.

00:33:34,130	mayor, it seems to me the ordinance itself, with this highest standards to approve, probably needs addressing. I’m not going to do it tonight, but it seemed pretty, pretty difficult to get a variance under these conditions. So I’m not sure if it’s the variances that is the variance under century code. Or is it under our building ordinances. Let. Yeah, that’s a good question.

00:34:00,570	I think that’s a great question. Thank you both. Actually. So it’s under its central century. There are findings in century code. And then there are findings in our ordinance that must be met. Okay.

00:34:23,470	If I can ask how do we grant variances like we we’ve changed zoning ordinances and things for manufactured home parks to to whether they can build closer to the curbs. There’s, um, been certain area there’s been um, I’ll even Commissioner Cleary’s house. Um, that was a how was it three year montage? Correct. Of different events. Um, there’s variances that do go through. Even separate from, um, meeting those standards. Isn’t there.

00:34:53,330	A variances to the zoning court zoning code and those requirements go to the Board of Adjustment. As you know, if they are denied they come here. Um, staff right now does not have the ability to administratively approve a variance in order to get a larger building, the zoning would have to be revised to

00:35:09,330	allow for larger buildings on lots. I’m going to challenge the strictness and maintain my motion with the two options. Can for clarity, can we have that reread back to us, please? I make a motion to overturn the.

00:35:38,430	Or do you want do you want to? I mean you’ve got it on. So I, I’m wondering if we can have Julie at least as much as she got. I, I have been taking notes, Mr. Mayor, but I just got safety from Commissioner Conley. I, I didn’t hear the other basis for the hardship.

00:36:00,670	Okay? He had said size, shape and topography of the environment in the original motion. Yeah. Okay. I’ll just. I’m not. Okay. Okay. Well, when you look at the even Jenny stated it in her, um, comments is, is that the adjustments come in those three areas? Is um, and um. I’m sorry. Go ahead. Jenny. If I may.

00:36:38,700	Um, with the topography, the size, the shape, the peculiar ness of the property, the property is square and it is on a flat lot, if that helps. So it’s really just the size. It’s the fact that it was two lots at one point. So it obviously is larger than surrounding lots. Yes, that’s a common thing in this neighborhood.

00:36:59,270	It’s a common in this neighborhood. There have been lots of have been combined. So accessory buildings, larger accessory buildings can fit on the lot. Originally two lots, lots eight and nine. They both were 9750ft.

00:37:14,330	If you run the numbers with the building permit and the lot coverage for, let’s say, the southern lot, the lot that the house is on, they’re pretty much maxed out at 30%. They maybe have got 100ft left over. So he combined the two lots. So combining the two lots did allow for an accessory building.

00:37:33,100	But if that house was smaller on the original lot where the houses, he could put a 1200 square foot building if it met the law coverage requirement. But the lots are combined. The lots are combined into one. Yeah. The coverage is not an issue right now. So then the limit is 1200.

00:37:50,300	If Board of Adjustment had granted the variance for the 120ft, we wouldn’t be sitting here today. Correct. Because we wouldn’t have to become a number with all the other factors, right? They have to come up with them to. They they would have to they also have to find the hardship which they were unable to do and modify. Fine. I’m just trying to put. It like.

00:38:08,330	I’m you guys are in the same boat as the Board of Adjustment was. Okay. Okay, so we have a motion. I’m not sure I fully understand it. That’s why I was asking for clarity. But in a second.

00:38:31,970	Um, and I’m not sure if it meets all the standards we need to meet. I’m going to. I’m going to call the vote, but then I. We need help. I think if we’ve got haven’t met the standards. Julie, I got to make sure that we’re not running afoul. Well, Mr. Mayor, my problem is, I can’t.

00:39:05,330	I don’t know what the hardship would be that the commission wants to find, and I. And I’m not comfortable making that decision without guidance from the commission or the the changes to the findings that are also required. Maybe the hardship is the hard water. And this is the angle. This is the way in which to make the water less hard and usable.

00:39:27,330	So then I’m going to ask that the the motion, the person who made the motion, the person who seconded withdraw. And we start over. I withdraw my motion. Withdraw my second. Okay, I’d like to start with a clean motion that can try to address the items. If we can.

00:39:45,570	Please. So the hardship is the hard water, no pun intended. So okay, so if that’s the hardship, right. Um. Granting the variance, that’s a generic comment about being in harmony.

00:40:17,930	What it would not be injurious to the neighborhood because if he covered it and some someone in the middle of the night inadvertently ran through his yard, he there’s no danger for them tripping over the tank. That’s their right. Or the. I need or the cover. The covering of the submerged pump. Right. Correct. Yep. Um, which has happened. I mean, I have a I personally have a same type of.

00:40:40,600	Well and and something happened and somebody took some pipes apart and some water went all over when in the middle of the night. So that is a reality. It’s really detrimental when you wake up at 630 in the morning. I don’t have water, so we want to try to avoid that for you. Sir. Um.

00:40:59,070	Special circumstances. That’s the one I’m stuck on, to be honest with you. I mean, I feel like the special circumstances is the fact that he has a. Well, it’s not something that every one of his neighbors has. He has to have the ability to maintain that. It makes it a unique piece of the property.

00:41:24,600	We’re not talking about the topography or the shape of the lot, but the actual fact that he has a well and that’s his use of water, and it makes it a unique piece of the property that that’s special circumstances, circumstances or conditions that apply to the land. I think that that covers point one.

00:41:42,870	Like we’re saying, the hardship is water for point one. The special circumstances is that he has a well and needs to be able to use it. Um, point two the strict applications and provisions of the zoning ordinances would deprive the applicant for reasonable use of the land or building.

00:42:00,470	I think that that is covered in the concept of if this was two lots, we wouldn’t be dealing with the same issue. I think. I think that’s more covered because if the water wasn’t hard, he wouldn’t need the additional filtration system. Yes. Right. Correct. And then the injurious side of things is to prevent inadvertent things happening.

00:42:17,530	Yes. To be able to get. So I think you are covering all three together. We did. Yes. Do you want me to do that all over again. Yes. Okay. So under so I’m going to look at the ordinances. So under a the special circumstances or conditions we have.

00:42:34,730	That is the fact that he has a well on his land for water. And it is producing hard water. Okay. I thought the hard water was the hardship. It can be both. Okay. It can be the hardship. And also point a in my opinion, I guess. Okay. And then. okay.

00:42:58,670	strict application then varying from the strict application of the provisions of the of the ordinance. I feel like we gave multiple instances of that part of the zoning ordinance issue for him, is that it was was two lots and has been because it’s been combined, it limits him. No. No, can’t. Do that. I okay.

00:43:21,570	If you have a 5000 square foot lot it’s 3,030%. If you have a 10,000 square foot lot, it’s 30%. But because it’s one lot, he’s limited to 1200. No. No. It’s well. Hundred 12. 1200 is limited to the additional structure okay. And you can have a max of 30% on whatever size lot you have. Right. Jenny.

00:43:45,600	That’s commissioner. Yes. No matter how large your parcel is, your building footprint or the lot coverage is 30%. However, accessory buildings, even if you have 30% left over, you’re limited at 1200 square feet. No matter how large your lot is in the city limits. Okay. Thank you.

00:44:14,500	It’s interesting that we say no to some buildings because they can’t say prior to our change last week, they don’t have the water pressure to put fire suppression systems in their building to protect from fire. And in this sense, a person can actually benefit their yard and benefit the area around it.

00:44:33,770	And because of our code, we end up saying no. We wouldn’t potentially end up saying no to where they can actually take care of their place in a way to prevent fires. Just. Yeah, exactly. If I may. So so my understanding is that this applicant installed the well after the after the building of the other accessory building. No, no. No.

00:45:06,230	Yeah. Can you come up? Yeah. Hello again. So this is kind of a calamity of errors. I bought my house. The lot next to me was vacant. I bought it. The individual that said, um, that I bought it from said that I could buy it from him as long as he built my shop. Initially.

00:45:35,670	And he’s from Lincoln, so he’s not very well-versed in the city of Bismarck building codes. He told me that we could build a shop of any size that I wanted, because he was kind of thinking that I was rural. Bismarck, rural Burley County, Oeta.

00:45:54,970	Um, and so initially we designed a 40 by 50 shop. I called the Well Driller. He had an opportunity to drill the well and said, okay, because it was the beginning of the season, came over, drilled the well. The guy that built the shop, then put in the permit. And that’s when we started talking about 30%.

00:46:14,630	Initially it was 30% and I was going to be good. Then we came up with 1200ft, and that’s how the shop was constructed at 1200 feet is to comply with that ordinance. But the well was already dug and in place.

00:46:35,600	And then there’s some question of why didn’t we just pipe it into the shop? It’s because all the concrete was poured with no consideration for that whatsoever. And the well is for irrigation purposes only. Correct. Okay, so not for drinking and not specifically for fire suppression. I could use it for both. Yes, I could use it for fire suppression. But not for drinking. Not well. Yeah, absolutely.

00:47:01,200	I could use it for drinking once I put the filtration system on. It, but currently. Okay. Currently though currently, no. Okay. Mr. Connelly. And additionally with that, um, when asking about the water utility rates, Lincoln’s not a doesn’t allow for wells for irrigation purposes. Where Bismarck did that was kind of a surprise. Just side note on it.

00:47:31,430	Can I ask? I’m sorry. I feel like I’m taking over. Um. We’re trying to. We’re struggling. So. So does does the, well produce enough pressure for for fire suppression? I can, um, yes. Right. Right now I have 50, but I can go up to 75. I can easily pump 20 gallons a minute.

00:47:59,270	Other questions. And I’ll just say this before I sit back down. Thank you. Thank you all for all this diligence and consideration. Because I realize that you guys are spending a lot of time and effort on this. So thank you. I just don’t know if we’ve met number two yet.

00:48:27,470	I mean, building this ten by 20 thing over the top of a well is is should be so much simpler. So let’s do this. Is there a chance? Since we’re rewriting our land development code, that we can just put a couple hundred extra square feet in there? Daniel? I mean, let’s be honest here. That’d be simpler.

00:48:51,530	Uh, Commissioner. Mayor, commissioners. Yes, you can, in fact. So and I think one of the reasons why the hardship language exists for variances is essentially you’re saying everybody else in the city should follow these rules, but this person should not, and that there has to be a good

00:49:04,470	reason for that. If, in fact, you think everybody else in the city should not be following these rules, and that’s your opportunity with the land development code, if you want to increase that by a couple hundred feet, you could you’d have that opportunity. And we can make that change in a language. If you’d like.

00:49:20,270	Commissioner Conley, go ahead. Well, with that, if we made it specific, say in the code or anything, because of the overwhelming expense that goes into, say, drilling a wall. Well, for this purpose, when we update the building code, make it specific to that.

00:49:39,700	I mean, if people really want to have the well and do that, um, and my findings is, is that the current landowner, if they built the well, they wouldn’t be the ones to benefit from less expensive water. It would be the next buyer. Yeah. Thank you, Commissioner Conley.

00:49:58,830	And we do already exempt certain structures, gazebos, playhouses those sorts of things do not count. Um, this counts because there’s four walls and a roof and so that, um, but if you wish to adjust the language of land development code to not count anything covering a well, that could be done as well. So let me ask you.

00:50:13,330	That’s exactly not to interrupt, but I think that he’s on the right mindset there. Right. So if someone builds a structure less than 100ft to cover a well, it maybe shouldn’t be even included in the calculation of what we’re. Or I was going to go down the path. Could we put a height restriction on it? So if it was. Ten by ten by eight.

00:50:30,730	Or something, that that then becomes more gazebo like ish. It’s not something you can walk into easily. I don’t know, I’m just he’s going to take to pull his wellhead out. He’s got to take and have the roof be able to be opened up anyway.

00:50:50,830	Yeah, but you can do that 1 or 2 ways, right? You could position that thing to make sure that one of the I don’t know how he’s going to build it, but if you have a typical frame structure on top of there, you can put an access point on top of that, and you can pull that pipe straight up. That’s not hard.

00:51:02,000	Yeah. I’m just trying to think if there’s a way to help with, uh, so we differentiate. So I think yeah, I think what we should do is direct staff to unfortunately we don’t have an answer for you.

00:51:15,730	Right? All five of us want to get this done for you, but we can’t find the legal means to do it. So I think we should direct staff when we get to. The last item is to is to put something in in that code structure where we can accommodate some scenarios like that, because I think not only would that help us here in this scenario, which is in the city limits, but probably it

00:51:31,330	will help us to outside the city limits. And the ETA. Right. Because they’ve got a build to us. So I think that means I just, I, I’m sorry we can’t do it for you, but I think we can still figure out a way to get it done.

00:51:42,900	It just might have to wait till we get through the land code. Yeah. Sure. Um, if I could just add, I think to to Daniel’s point, like there are structures that don’t count, that maybe this just gets listed within those structures, but it has the, the restrictions of it has to be a building that’s small enough

00:52:02,870	that you wouldn’t have to pull a permit or something like that, that so that nobody’s like putting a big outbuilding over this, you know what I mean? Like you can still restrict it, but then put it into the area like a gazebo, etc., where it’s not counting towards his square footage. Right? Yeah.

00:52:18,100	Mayor and commissioners, another consideration would be one of the things that I did is I did some research on how many wells are in the city of Bismarck, because there is no number. So nobody has an accurate number.

00:52:35,370	However, my well driller said that there are approximately 170, and so if you limited this variance, you would only have 170 other considerations for this. It isn’t everybody. And you could also manage it just based on the number. And of that 170, how many would be interested? I’m guessing probably 20% if this were passed. So you’re looking at about 34 other possible variances.

00:52:58,130	I appreciate that, but I like the idea of let’s make it an exception in the code better. So I we I don’t know if we even have a motion on the table at the moment. No, you made the okay. So then we need a motion.

00:53:18,470	Um, because of the conversation we just had, I will motion that we uphold the, uh, finding or the vote at the Board of Adjustment meeting. The that we uphold the denial of the variance. Second. Okay, discussion. Yeah. Was there a fee to appeal it? No. Commissioner Connolly, commissioners, there is no fee for an appeal to this board. Okay. Any further discussion? Hearing none. We’ll call roll. Commissioner ish. No.

00:53:57,930	Commissioner. Zenker. Yes, Commissioner. Connolly. No. Commissioner Cleary. Yes. Mayor. Schmitz. Yes. Moving to item E, consider appeal from Heather Jones and Lauren Fisher of the February 25th, 2026 decision at Planning and Zoning to to deny a zoning change from agricultural to RR residential residential zoning in an and a major subdivision final plat title JP Fox Haven. Isaac.

00:54:29,970	Yes. Thank you. Mayor Schmitz. Uh, commissioners. So for this next regular agenda item, Heather Jones and Lauren Fisher are appealing the February 25th, 2026 decision of the Planning and Zoning Commission to deny a zoning change request from the Agricultural Zoning District to the RR Residential Zoning District, a major subdivision final plat titled J.F.

00:54:53,100	Fox Haven Subdivision and an accompanying major Street Plan amendment for a segment of a future alignment of 76th Avenue Northeast. And just for clarity, in this case, Heather Jones is the applicant and Lauren Fisher is the current property owner.

00:55:10,600	But an application for this sort of thing when the property owner is different from the applicant, both need to sign the application. So that’s why they’re both listed. And as we get into this, I’ll give you some background information first and then discuss the Planning and Zoning commission’s, uh, result specifically when we get there.

00:55:27,770	So this, uh, project, as you can see on the screens here, and of course, this was included in your agenda item as well, is located northeast of Bismarck between 73rd Avenue Northeast and Arcata Drive. And it is primarily along the west side of 41st Street Northeast. Although the major street plan portion does extend to the east as well.

00:55:48,000	The project area of the plat portion consists of approximately ten acres of currently undeveloped land, and would create five lots in two blocks as part of the plat. The zoning map amendment portion would change the entire platted area from the existing a agricultural zoning district to the RR residential zoning district, and the major street plan portion of the project would shift a proposed future alignment of an extension of 76th Avenue Northeast to the

00:56:14,730	north. Approximately 200ft, uh, to rearrange the developable land on the west side of 41st Street Northeast. As you can see on the screens there, as well as impacting the potential of developable land to the east of 41st Street Northeast as well.

00:56:34,570	One note for clarity is that the area you see on the screen, kind of in the beige color right now, that is area, uh, which does include the project area that was in Bismarck’s ETA. But as of March 1st, it is outside of the city’s ETA, but it was in the ETA when the applicant applied for the projects.

00:56:55,270	So per the new now current ETA agreement between the city and Burleigh County, any development project that started with the city prior to March 1st, the effective date of that agreement would be carried out to the ending point, whatever that ending point may be by the city.

00:57:13,530	The applicant was informed of this information regarding the ETA, and they chose to begin the plat and zoning change process with the city, and at the time the plat area was identified as rural residential. In the future land use plan, which are places for country living with convenient proximity to city life.

00:57:32,070	That area on the sort of southeast quadrant there, which is darker gray and shown as Urb or Urban reserve long term, that is area that is still inside the city of Bismarck’s ETA. Uh, in the new agreement. So now to get to the Planning and Zoning Commission meeting, specifically, the public was notified of this request before that hearing via publications in the Bismarck Tribune on February 13th and 20th and 90 postcards were mailed to owners

00:57:54,530	of nearby properties. On February 13th of this year, and a physical sign providing information on the hearing was placed in a publicly accessible spot at the project location. On February 9th, 2026.

00:58:14,800	In addition to the standard public engagement for all projects, because there was a major Street Plan amendment portion to this particular project, planning staff did send a letter to the two. The two landowners to the east of 41st Street Northeast, that would also have this future, uh, roadway, uh, moved on their property. And that letter was sent to them on February 5th, 2020 sixth.

00:58:37,900	This letter provided more information, more detailed information on what the major street bond is, what it does, what it does not do, and it invited them to contact planning staff if they had questions, and providing them an additional notice of how to provide a public comment if they wished to do so.

00:58:56,400	The Planning and Zoning Commission held their public hearing on these requests on February 25th, 2026, where planning staff was recommending approval based on the findings of fact contained in the staff report, a copy of that original staff report was included with this agenda item for your consideration. Prior to that hearing, staff received three inquiries. For more information, including from the landowners directly to the east of the plat area.

00:59:15,200	One of those individuals who received that major Street Plan amendment letter, planning staff received one written comment prior to the hearing, and it was from the property owner directly to the east of 41st Street, directly to the east of the plat, and this landowner was expressing some concerns about the primarily the Major Street Plan amendment portion of the.

00:59:35,930	The requests, and this letter was forwarded to the Planning and Zoning Commission prior to the hearing, and it was included with the agenda item today for your consideration as well.

00:59:51,930	During the public hearing, the those same landowners who provided that written comments, spoke at the hearing and provided more detail on their concerns regarding that major street plan amendment portion. And then at the conclusion of the public hearing, the Planning and Zoning Commission made a motion to approve the request, and then that motion failed with a three vote in favor and five against.

01:00:09,770	And the request was therefore denied as a majority of the commissioners did not concur with staff’s determination that the proposed zoning change, major subdivision, final plat and major street plan amendment was consistent with those required findings of fact. An excerpt of the minutes from the Planning and Zoning Commission was included with this agenda. Agenda item for your consideration as well.

01:00:30,870	And then, just as a reminder for the Commission today, uh, this appeal is not a public hearing, nor is it taking action as to whether or not you believe the request should be approved, but rather whether or not you agree with the Planning and Zoning Commission’s determination to deny the requests or with if you wish to accept the appeal.

01:00:50,130	If the Commission decides to accept the appeal, the applicant, uh, you know, there would still be another public hearing before the city commission. And if you choose to accept the appeal, the applicant has requested that that subsequent public hearing before the city Commission be held on April 14th, 2026, rather than March 24th.

01:01:08,900	The next available meeting due to a scheduling conflict impacting the availability of their consultant. So at this point, planning staff are not providing a specific recommendation to you, but I’m happy to stand for questions if you have them. Are there any questions, Commissioner Zenker? So, um, first of all, good job explaining all that. Not a kid.

01:01:28,000	Um, so I do have so in the, in the development, um, that Swenson provided, there is right of way access for 41st. Correct? That is correct. Yes. And then they, um, they also have, um, their street that they want it through there, which would be 76.

01:01:48,330	So the person to the East is just upset because looks like to me like there’s already an easement running through their property that they may not have known about. And, and we typically and the county would typically like to have those intersections be full intersections instead of just t intersections.

01:02:10,130	Is that is that what I’m understanding? Uh, so thank you, Commissioner Zenker. Mayor and commissioners. So a little more background on the Major Street Plan amendment. And to your point, also during this process, yes, county highway department, MPO staff, they were all involved in these discussions for this particular project.

01:02:28,330	But what the major street plan is, is just sort of a guiding document of given information we have available right now, these lines on a map are just saying we think this would be a good location for a major road if this area were to develop. Um, it’s not specifying when or if construction would take place.

01:02:47,730	Who would pay for that development or anything like that. So if the landowner to the east, for example, had no intention of developing their land now or within the next 1020 years, there would be no requirement for them to, you know, provide a right of way easement or dedicate that right of way for the roadway.

01:03:03,570	All right. So here’s I mean this we got to be able to simplify this, right. We just went through a painstaking task item before to try to do this.

01:03:20,130	So if if they would have brought in a development with and put a cul de sac in there, not and not encroached across 41st. Um, I could see that this would have been would have been approved pretty quickly at P and Z, am I or am I miss speaking that.

01:03:41,600	If, uh, Commissioner Zenker, mayor and commissioners, if there was a permanent cul de sac at that point, staff would have, uh, reviewed it differently and that might have changed our overall recommendation to the board. Perhaps we still would have recommended approval, but perhaps we would not have. With conditions, because sometimes snow operators don’t like cul de sacs.

01:04:06,600	So if I can just add to the original layout of the major street was further south, and this moved north, and so they would have actually, if I remember right. Yeah, you can see it on the left hand screen how it would have actually taken and made part of this parcel less usable or maybe not usable at all from a development standpoint.

01:04:27,400	And so, you know, the the discussion from the parties to the East was that that major road is going to infringe on their land if they even accepted a dedicated easement at some point in time in the future, but it’s still allowed to intersect with 41st Street coming through.

01:04:42,930	I think that was why I don’t remember if that’s exactly why staff said they didn’t have a necessary problem with it, but the county and city, all the road people, engineers were okay with this new alignment.

01:05:00,100	Um, it’s odd that the road alignment originally was so far south and not going straight across on 76th, which is what I think everybody would have loved to have had originally, because you don’t have the jog, but. And that was that was basically the reason for the denial. Was that Major Street. Yes. Commissioner Conley. Is the land owner to the east.

01:05:23,400	Do they own that whole section to where their land split? If a road were to go through? Uh, Commissioner Conley, mayor and commissioners, the a landowner to the east, perhaps you can see on the map there there is the parcel lines are shown there, but depending on the distance or the angle, it might not be as clear. Um, but it goes to a about. Well, I’ll just go around. Okay.

01:05:45,900	About there is the edge of their property. So they do own that whole section and probably hence their concern. There is a line. Any other questions for Isaac? The question that before us is whether or not we want to grant an appeal hearing or. Yeah, not because not necessarily we’re going to overturn. It’d be the hearing.

01:06:15,200	And I can add just for another bit of clarification, I suppose, mayor and commissioners, the, uh, there could be other options of a motion, but the two main ones would be.

01:06:30,200	Yes, either to accept the appeal, in which case there would be another hearing or to uphold the Planning and zoning Commission’s denial. I believe you could return it to the Planning and Zoning Commission for further discussion, but that is usually only used when there is additional information that comes in which, as of right now, all the information you’re seeing here is what the Planning and Zoning Commission saw. I’ll make a motion to accept their appeal. Second.

01:06:49,400	Do we have further discussion? Can we just make a note that that we’re. Are we okay doing the public hearing on the date that they requested? Yeah that’s fine. Right. Oh, okay. I don’t know if that doesn’t need to be in the motion. Make a motion. Yeah. For the appeal as presented. Yeah. So that includes the dates.

01:07:06,500	All right. We have a first and a second. Any discussion? Hearing none will call roll. Commissioner Zenker. Yes. Commissioner. Connolly. Yes. Commissioner. Cleary. Yes, Commissioner. Risch. Yes. Mayor. Schmitz. Yes. Moving to item F, land Development Code, and. Oh, I’m sorry, is it? No, no.

01:07:32,670	Before they get started, I think if we could just take three, four minutes to discuss item D as to what we want to direct staff to do. Sure. And I mean, because I don’t think it’s going to come up in a lot of detail on this on the update that we’re going to get. Daniel is going to expand it.

01:07:47,830	Now, since we’ve asked them to do that. I don’t. Mayor commissioners, I’ll do whatever you like. So the you would like to add the wellhead protection. Um. Yeah, I guess I can read what I wrote down and if it makes sense to everybody. I don’t know if I would call it that, since there’s ordinances that are use that terminology. Okay.

01:08:11,600	Um, I just wrote down that we would like to change so that a and allow well coverings to be listed under buildings that are allowed to not be considered a part of the total lot coverage, with the restriction that the structure be small enough to not require a building permit and have possible height

01:08:27,130	restrictions as well. If you think that that that’s necessary. Okay. And I think I heard an area restriction as well, like maybe 120ft or something of that nature. I mean, I’m okay with that. If everybody as far as direction as we go into the land development, because we’re in the midst of we’re getting close to adopting.

01:08:45,230	So, yeah, I mean, we’re going to add six sentences to this thing, right? It’s hundreds of pages long. It’s. Yes. And it’s very practical. Yeah. Okay. Are we all in agreement with that? Okay. So then then I think we can move to the update if you’re okay. Commissioner. Okay. And I’m not sure. Okay. There’s our presenter. Hello.

01:09:07,630	Good evening commissioners. It’s good to see you all again. My name is Jenny Baker. I’m with Clarion Associates and we are here to just give you a quick update on the progress for the zoning code update.

01:09:20,230	Um, I thought I was going to be up here talking to you about variances, but I think we’re solid on that. So as you all know, we started this process in 2024 and have been working, um, to update the zoning code. One of the reasons for initiating the project was the adoption just prior to this of your together 2045 plan.

01:09:39,200	One of the best ways to implement the plan and the goals and objectives in there is to update your zoning so that the regulations support that. So when we started, we were looking at things like how to implement this plan.

01:09:54,770	So um, this project, some of the changes at a high level are designed to continue affordable housing being produced here in the community to allow different kinds of housing in the community so that you can have some cheaper options for different types of families. It’s also designed to promote your economic growth and your population growth.

01:10:17,600	And so those things are some of the guiding principles that we did that we kept in mind as we did the drafting. We have come back to see you a number of times. We talked to you about the zoning and zoning districts and uses. We talked to you about development standards.

01:10:32,630	We didn’t really come and talk to you about the procedures, but those are in there as well. So we are here. If you can take a look at the slide, we are kind of at the last steps. Um, there is a consolidated code that we’re here to talk about today and tomorrow. And tomorrow evening from 4 to 7.

01:10:51,270	There is an open house where we are inviting the public or anyone who would like to talk about the code. It’s in the Public Works building on 26th Street. And so we’re hoping that people will come and we can talk in a little more detail about what’s in there, what the changes are.

01:11:05,130	Um, and so as of today, there is not a public version of the code available, but you would be able to see that tomorrow. We encourage you all to come if you’re able to.

01:11:19,530	Otherwise it’s obviously going to be published so that you all will see it before it comes back to you in a couple of months. I think next week is when it will be fully available to the public to see the whole thing from start to finish. Um, it is scheduled to go before the Planning Commission next month. starting starting this month.

01:11:38,800	And then, um, when it goes through that process, it will come back before you, I believe, in May for the final vote. So that’s kind of a quick update on the process. Why I do it, what we tried to focus on in doing it.

01:11:52,130	Is there anything you would like me to tell you about? Do you have any questions? Um, we hope to see you all tomorrow, and we’ll certainly be back to tell you in more detail about it as the adoption process continues. I just know that there’s been you’ve been meeting with several groups to vet a lot of the discussion.

01:12:10,930	And yeah, developers and builders have been a part of it. And yes, and other users as well. So there’s a steering committee that has been, I think, essential to kind of adapting the code to local developers, builders to kind of make sure that there’s nothing in it that’s really going to constrain the work that they’re

01:12:27,400	trying to do here, and they have consistently shown up each time we wanted to meet with them, and their feedback has been very valuable. Thank you. Thanks for your time tonight. We’ll come back with the, uh, the well protection in. There. I appreciate your time. Yeah.

01:12:49,370	Daniel, do you have anything you want to add? I’d like you to make sure that you let. No, let people know about the opportunities for people to see and hear this. Yes. Thank you. I don’t really have much to add. I reiterate the open house. I really hoping we get a good turnout there at the Public Works building. Um, on Bismarck. Uh.

01:13:04,770	I’m sorry, what is it? Bismarck LDC um, is the website and a lot of content is up there now, so anyone’s welcome to go and review that, including the new zoning map that is up there as well. So that might be something people would be interested in.

01:13:22,970	Uh, so the full draft that Jenny referred to will be there next week. Uh, next Friday, we’ll be putting it on the consent agenda for the Planning Commission for their consideration. Um, just to give it plenty of time to percolate and get through it. Go, um, have the community review it. So.

01:13:35,930	And it’s not too late to make changes like, like tonight we’ll, we can make we can make changes. So, um, it’s a great time to come tomorrow. Okay. Thank you. Do we have any other business tonight? I just saw some street sweepers the other day. So spring is upon us. Commissioner Zenker, I just got.

01:13:56,870	I got one thing, and it has pertained to the event center. So I was there this weekend for some basketball. Just because I’m that guy who likes to hang around that that sport. Um, first of all, to to the crew down there. They’re doing a fantastic job.

01:14:12,530	They are, um, from what I can tell from from our approvals of positions and stuff like that, they’re still understaffed quite a bit. Um, I had a couple of them come up to me while I was there, and we had a small conversation quickly. Um, one of them told me, actually, both of them mentioned that Oakview was in the building this week.

01:14:31,200	So I have some concerns that they’re in the building. Um, and we don’t have a contract with them. Um, carrying on whatever business they’re carrying on. Um, knowing that this is the busiest time of year for a staff that’s quite frankly, understaffed.

01:14:49,330	Um, there’s a lot of turnover, um, down there from event. Event to event. There’s, um, multiple things going on. It’s their busy time of year. So I guess I’m looking for an explanation as to why someone’s in our building without a contract. Conducting business. So I’ll address that, I think.

01:15:08,370	And if Jason may have to help me out because I haven’t been to all of it, but Oakview was here. Um, uh, not not under the. They’re here to start gathering information or basically to talk to the employees and to just let people know where we’re going because the contract is we’re supposed to have the final I won’t say we’re supposed to

01:15:26,270	have a draft today, tonight or tomorrow. Um, financial terms from the authority board and from their perspective have been agreed to. It’s more of what the, um, what the exit strategy would be if we’re terminating the contract and finalizing some KPIs. Um, they offered to come in with. No, they’re not they’re not advising anybody.

01:15:50,900	Mostly they wanted to start being able to meet with staff who’s there. And, um, my understanding is from the conversations that staff had very good meetings with them. Um, and we did not interfere with their activities over the weekend.

01:16:10,530	It was all Monday and Tuesday today, yesterday, um, and they were not scheduled other than one large group meeting, which was early in the early in the morning. It was like at 9:00 yesterday. And then there’s been individual and meeting with, uh, so they could get a feel of oak. Oak view Group is as well.

01:16:29,700	Um, so that’s, that’s where they volunteered to come without any compensation. So that’s I don’t know if there’s more questions you have. Well, I mean, I just, I first of all, I don’t like being blindsided because they asked me how come they’re here? And I had no way to answer that.

01:16:47,600	Um, two meetings or the last meeting you, you announced that the you’re still working on the contract. Um, and we have we have yet to see any. We haven’t. I mean, we haven’t seen it as a commission. And now I’m assuming that there’s the the advisory board has.

01:17:05,470	And I would again fully support the advisory board, but I just don’t I don’t like the fact that they’re in the building taking up staff time. And it’s business that’s got to happen. But it should only happen after the contract signed. I think it’s a little it was it was premature.

01:17:23,670	And the timing of the year for that group of people that they’ve, that they have to go through, I think quite honestly could have been done better, maybe some more communication from, from us as commissioners. So we might have more idea what’s going on. Um, and then and then protecting their time because I can tell that they’re short, that are short staffed.

01:17:41,800	And I’m not going to say they aren’t short staff because I know they are. But a I did announce that Oakville was going to probably be in the building, um, at the last commission meeting, and I actually announced the dates they were going to be here. So that was not a secret.

01:17:56,970	Um, I don’t know if it’s in the minutes, but it was another business because I clearly remember stating it, and I, you know, I we need we’re moving forward and they’re, they’re ready to go other than we just have to let them operate until we have a signed contract.

01:18:15,100	And, um, but they wanted to be able to get some feet on the ground and get themselves in front of the employee so that it was going to be they’re actually the person who’s going to be the GM was here. And so I think that was pretty important for those employees. And I understand that the meetings went well.

01:18:30,400	There was good feedback unless I was told something that didn’t exactly happen. Jason, you can certainly add in, but. Mayor excuse me, mayor and commissioners. Maybe just to add a little more to the mayor’s comments, object brought two HR staff and their role was to meet with all the full time employees to understand their role within

01:18:53,430	the organization. Uh, ask them, you know, what do you like about your job? What don’t you like about your job? There were, um, discussions about an offer letter from Avg. As we’ve talked about in the past, there’s an employee protection plan.

01:19:09,570	And one of the messages that avg shared with the staff is that all the full time employees will be offered a job. Day one. In fact, Avg has already identified through conversations with staff and analysis of the organizational chart that we have used. There are gaps that they would like to fill.

01:19:28,530	They’ve already identified three finance positions that they need to hire in order to effectively run the department the building. So some of what they were doing was just that meeting with staff, better understanding the roles of staff, but then also conversations with Jeff Hubbell, who we know has been a huge part of the design process.

01:19:46,900	Jeff and the team from OPG met this morning to talk about what does the capital improvement plan look like? Where could this kitchen go? OVC has come forward and said they are willing to invest in an onsite kitchen in the facility. None of those designs have been done yet, but just having those initial conversations with Mr.

01:20:04,330	Hubbell to understand where it could go, how it could get done, what’s the timing? What that’s where these very high level conversations are today. Um, I had a conversation with Dan Fenton, who has been our facilitator, our contractor, working between us and OPG. He’s having direct conversations with the OPG business development gentlemen. We were told either tonight or first thing tomorrow morning, we will see red lines on the contract.

01:20:24,330	That will be the first time that we have seen red lines. Now, what I will offer is, after all the meetings and everything today, myself, Mr. Fenton and the reps from OPG sat and talked through the key performance indicators that we have talked about for this, how we are going to establish those, how we will

01:20:41,330	measure those. Uh, the, the, the incentive package that would come with Avg if they were to obtain and achieve all these goals that we’re putting in front of them. There was discussion not just with myself, but also the authority board members as well. That group has met with OPG to better understand that relationship.

01:21:03,000	OPG has other facilities where they have authority board members. Our board members are very interested in learning their role and understanding their responsibilities. And part of the discussions were just that to to begin that dialogue and to realize that, number one, all the authority authority board meetings are public.

01:21:21,200	And so that is a little different situation for them. Not everything they manage is publicly owned, but these are things that they’re going to have to adapt to because there’s no flexing. For us. These meetings are always public and they will be. Now we can have executive sessions for contract negotiations, and they understand that.

01:21:36,730	But these meetings, like all the meetings we have, are sunshine meetings. And so that’s working through some of these high level, uh, nuances that are part of Bismarck, I think is a is one of the goals that they’re hoping to achieve. But also really they’re just trying to assess what are we walking into. They want to be here.

01:21:52,130	They have been very enthusiastic. As the mayor noted, they’re here on their own volition. They’re not being compensated. They wanted to assess the situation and advise as they go forward. And frankly, the departments that the city has brought forward to meet with OPG staff has been it.

01:22:12,730	Um, we’ve had public works because we’re going to continue to own the building and manage the building. And so we’ve had conversations with who are the key people from our organization that will be working with their organization. Our finance people met with them.

01:22:30,600	And so really, it’s been an opportunity for us as staff and authority board members to ask a ton of questions of OPG because we’ve had simple questions like, what happens to the vehicle assets that are currently part of the event center today? We own those.

01:22:45,070	Do we own those in the future? And if we continue to own those, what does that mean for insurance? Because now non city employees would be operating these devices and things. So there’s a lot of a lot of questions that we were able to ask and get answers to. Not all of them. Um there’s certainly much more to move forward.

01:23:00,130	Um but I am I’m hopeful that they will deliver with the red lines as they said they would, and we will come forward with a contract. It is our goal to come forward with a contract at the next meeting in March, and that would be full disclosure. The contract would be for your review and hopefully then we can get them physically here.

01:23:16,530	Started moving forward with all of the improvements that need to happen. Any other questions? And the authority board actually was the one who wanted them here, which we’ve delegated to that board. That duty. Anything else? Commissioner Connelly? Um, MPO has a survey right now. Um, it’s up on our Bismarck, um, website.

01:23:48,600	You can also search out the MPOs Facebook page, but I think they have a week left in that survey that they have out there. Um, it was mentioned in our transportation meeting this morning. Um, that’s just wanted to mention that. Any other business not. We’re