We're in the Tom Baker room of the City County Building.

It's August 12th at about 5:15.

We have two meetings tonight.

The first will be the Board of Health, and then the second will be the Board of City Commissioners.

However, before we get started, we would like to if Chaplain Callis could come forward and lead us an invitation and Pledge of Allegiance, please.

As you're able, please stand for our opening prayer and remain standing for the pledge on behalf of Crisis Care Chaplaincy.

Thank you for the opportunity to open this meeting in prayer.

Let's pray.

Heavenly Father, thank you for this day for this beautiful evening.

Thank you for your creation for the enjoyment we experience with the change of seasons, the warm summer weather.

Thank you as our state's farmers begin the harvest season for the promise of a good harvest.

And at the same time, be with those who deal with disappointments due to recent summer storms.

Be with others among us that experience health issues.

I think of several chaplains and family members among us that wait for your healing hand.

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.

Thank you for the many blessings and opportunities that this local community offers for our families and each of us who live here.

I pray today for those who are in the offices that govern this community.

I ask that your spirit guide as they make decisions.

Thank you for the freedom citizens have to speak up and be heard.

For in discussion and diversity comes strength in our community.

I pray for Mayor Schmidt's and those who work in that office.

I pray for each commissioner as well and other elected officials and city workers and ask that each one would be but 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, another law enforcement, firefighters, EMS workers, dispatch, health care workers, and others.

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 ask for your guidance and everything said and done this evening.

I'm so thankful for each and every one of the blessings you give us.

In Jesus' name we pray.

Amen.

Say the pledge together.

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, sir.

If we can call the Board of Health to order, call roll, please.

Commissioner Rish.

Here.

Commissioner Zenker.

Here.

Commissioner Connolly?

Here.

Commissioner Cleary.

Here.

Mayor Schmidt.

Here.

And even though it's not published, and I'm not sure that there will be any.

I am going to offer public comment for the Board of Health, as I believe we should be having that at all of our meetings.

So if there's anybody who wishes to speak regarding public health and the update, please come forward.

A second call for public comment.

A third and final call.

Seeing no one and hearing no one, I'll close the public comment period.

Renee.

Sorry to delay you, but I just want to make sure we are in a proper accord with the law.

Absolutely.

Thank you.

Um Mayor Schmidt.

As a Board of Health, I am asking for a review.

I have a presentation tonight of our strategic plan that we've been working on.

This will be the plan for the next three years.

And that's the only item I have on the agenda unless you have any other questions following that.

So I will get started.

I think Whitney, you put my presentation up here for me.

I do have the strategic plan on the consent agenda for the City Commission tonight.

So just for your uh reference, um, if anyone's watching at home, they're aware of that too.

Uh so our strategic plan, as I stated, would provide uh direction for the next three years.

It's evolving to the community health needs that we're seeing in our community.

We had the community health needs assessment that we work with the local health care providers and our stakeholders that was completed, and also our community health improvement plan that the board and commission approved in March of 2025.

And so this is basically the the final product of all of those things, um, giving us a roadmap in public health to be able to determine what our priorities, goals, and objectives will be uh moving forward in the next few years.

So that's currently under development.

So our planning process included an environmental scan and review of data.

We looked at, as I stated, the assessments, our program reports and services, internal documents within the department.

And we did a SWOT analysis looking at our strengths, weaknesses, opportunities, and some of the challenges that we have in the community, gathered input from the staff and stakeholders, and then really looked at strategic focus areas similar to what the City of Bismarck's plan will be doing as well to give us priorities and then developed goals and objectives for the development of that final strategic plan.

So some of the terminology you'll see in our final plan, the strategic focus areas in our last plan we used priorities, but we wanted to align with the same language as the city.

Our goals and objectives, our goals are broad outcomes that we're going to be working to achieve, and then the objectives will be how we get there to make those goals a reality.

So our priority areas moving forward would be behavioral health.

That includes mental health, addiction, overall uh mental health and wellness, and healthy living is our second priority.

That includes chronic disease, um, some of the work that we're doing with maternal and child health and overall uh health promotion and nutrition, healthy living and just living in general, healthy living in general.

And then access to health care.

Uh we're working with um individuals in the community and community partners to help people get access, remove barriers to care, and really get them the care that they're need and in referrals to uh appropriate support services.

And then lastly is preparedness and public safety, and um that is an ongoing uh thing that public health has been a part of and will continue to be a part of.

We're working on our um emergency preparedness plans.

Uh we will be doing exercises and then also working um to um of course prepare for any infectious disease outbreaks and keep the community safe in that way.

So that takes me to the end of uh my presentation.

I'm here for any questions if you have them.

Uh the plan I believe was included in your packet.

And um after we have the um questions answered, I would ask for your approval of that plan um through motion if possible.

Are there questions Commissioner Rush?

I just want to say I read through the plan.

Excellent job.

Thanks for your good work.

Thank you.

Okay.

I will move to approve the strategic plan.

Thank you.

Is there any discussion?

Hearing none will call roll.

Commissioner Zenker?

Yes.

Commissioner Connolly?

Yes.

Commissioner Cleary?

Yes.

Commissioner Rish?

Yes.

Mayor Schmidt.

Yes.

There being no further business for the Board of Health.

The Board of Health is now adjourned.

We will call the Board of City Commission to order if we can call role, please.

Commissioner Connolly.

Here.

Commissioner Cleary.

Here, Commissioner Rish.

Here.

Commissioner Zenker.

Here.

Mayor Schmidt.

Here.

Our first item is the proclamation.

It's for the 90th anniversary of Social Security.

So whereas on August 14th, 2025 marks the 90th anniversary of Social Security Act signed into law in 1935, establishing one of the most enduring institutions in American history, and whereas for nine decades, Social Security has transformed the lives of millions of Americans by providing critical financial protection for retirees, people with disabilities, surviving spouses, and family.

Therefore, be it resolved that I, Michael Schmitz, mayor of the City of Bismarck on behalf of the City Commission do hereby proclaim August 14th, 2025 as the 90th anniversary of Social Security in the City of Bismarck signed today.

So I think there's a picture opportunity.

Oh small to the front.

I remember those.

All right.

We have now arrived at the time for public comment, which is restricted to the items on the consent agenda, regular agenda, or the prior commission agenda from two weeks ago, or actually three weeks ago because of the cycle.

Other than public hearing items.

Anyone who wish to speak, please come forward, identify yourself and tell us which topic you're speaking about.

A second call.

Mayor Schmidt's and uh members of the committee.

Um I guess I'm Mike Freilick from Laughing Sun Brewing Company, but also a new partner in a new venture called the Eclipse, gonna be a new venue in downtown Bismarck uh coming um on Third Street.

Um but um in in reference to uh changes in the liquor license um and a number of special permits.

Um any restrictions to that are gonna severely limit what we're doing.

We're a caterer in this town as well, and there are constant need for events, but if we're limiting the number of liquor license uh special permits that they can have, we're gonna severely detriment our business coming up and any future business that kind of thinks that that venue space.

So I just wanted to mention that to you guys before we read on the consent agenda.

So thank you for your time.

You bet, and we do have a call for public hearing on the consent agenda on that topic.

I forgot to ask you to sign in to oh sorry.

Commissioner Rich.

Um Mike, uh I think the thing on the agenda would allow us to uh issue more liquor licenses or consider that.

There's that there's actually two items there.

Yeah, so there's a title five ordinance change that we have a public hearing coming next meeting on that probably addresses part of what Mike is talking about.

Um the other item is whether or not we need more liquor licenses issued.

That's on the regular agenda.

What I'm speaking in the references is limiting special event permits.

So just um being able to serve liquor off-site from your license establishment, um, being able to how many of those we're gonna be able to do a year.

We don't have a liquor license, but we will have a venue that will do live concerts, um, caterings, weddings, corporate events, uh, charity gallas, all sorts of things.

And that's gonna require um caterers to come in and provide the alcohol and the food.

So we will be open to all sorts of people around this town.

So limiting the number of events that they can do with that will be a detriment to what we're doing.

So thank you.

Yep, thank you.

Appreciate the comments.

Again, this is public comment period.

Anyone who wish to speak, please come forward.

Hi, everyone.

Um, thank you for taking the time today.

I'm Heather and with Lady Jay's Catering.

I'm speaking to the same subject about uh limitations to off-site um liquor permits if we were gonna go back to them.

I know at one point we had I believe it was 30 in place per year or a percentage they went away with that after January, and now it's just a percentage of your overall sales.

Um it then of course we're hearing that there might be another one imposed um where it would limit the amount you could do throughout the year.

Um obviously I think if that moves forward, um not only would it affect all the businesses that that um are involved with LF off-site caterings, um, but it also as you guys well know um would affect the city in the long run too, because of course every time we apply for the special permits, it's payment.

Um and then of course, the more liquor we sell, the more taxes we collect off of that.

And so I'm sure those are all things that are in consideration as we move forward with um looking at that proposal.

Um but I just wanted to um say that uh obviously we would be against putting something proposed towards us like that, um, just because of small businesses and in caterers, that is our job is to go out in the community and provide a service outside of our doors for people that are wanting to gather.

Um and so I think it would be kind of you know, at some point if we're opening more liquor licenses, I get where you might want to have a limit on the outside ones that you would do.

But on the same hand, at some point, you know, people are always gathering, people are always wanting to meet.

Um, and so just obviously going forward, I just want to show interest in the in the fact that um we would be opposed to that.

Okay, so I I'm gonna ask you to read the actual ordinance because I think it addresses that in a positive manner.

Okay.

So just please please do read it, and we do appreciate your comments, but as I recall the ordinance, it actually opens up the special events without limit, but that there might be restrictions upon how many or what you can do on unit.

I think it was how many.

Not the how many, it's like you can't have repetitive same place events at the same same theme.

Gotcha.

So please, but please do read because if we've missed something, we want to hear about it.

Okay, thank you.

Yep.

Uh call for public comment, please.

A second call for public comment.

A third and final call.

Seeing or hearing anyone, public comment period is now closed.

Thank you for your comments.

Commissioners, what are your wishes with regard to the consent agenda?

Move to approve is presented.

Second.

Is there any discussion?

Hearing none will call roll.

Commissioner Cleary, yes.

Commissioner Rish?

Yes.

Commissioner Zenker?

Yes.

Commissioner Connolly?

Yes.

Mayor Schmitz.

Yes.

Moving to first item A on the regular agenda.

This is a request for public hearing on ordinance 6632 to amend the chapters 9-07 and 9-08 of the city of Bismarck code of ordinances related to the city employee pension plan and the police pension plan.

Um, these are required amendments under Department of Labor Law.

Is that do I have that correct, Julie?

Well, we've met the HR and the pension board in legal have met, and these are required changes.

And I believe Leanne can also give some detail about this, but they are changes that are required to be made.

Okay.

Under other rules and regulations.

So okay.

This is a public hearing.

Anyone who wish to speak to that, please come forward.

A second call for public comment.

A third and final call for public comment.

Seeing or hearing anyone, public comment period is now closed.

Commissioners, what are your wishes, or do you have any questions?

Move to approve.

Second.

Any discussion?

Go ahead.

I was just wondering what the practical impact.

I read through it about two different times, and I couldn't do what kind of impact does it have on those that are retiring.

Did are they able to change is the formula changed, or what's the deal?

Anyone know?

Leanne, I think you can maybe speak to that, but as I recall when looking through it, there's no benefit changes.

Uh clarifications and making sure we're in compliance with law.

Mayor and commissioners, uh Commissioner Rish, yeah, you are correct.

Um these were approved in January by the pension board, the combined trustee board, and it was related to some law changes.

So it's not affecting benefits.

And it's it's kind of routine that we have ERISA law cause requirements to change or amend plans on uh more that more regular basis than I would care to have to admit to, knowing it's an area I practice in sometimes.

So anything else?

Commissioner Okay, okay.

Any other discussion?

I think we have a first and a second.

Right?

Okay.

We'll call roll.

Commissioner Rish?

Yes.

Commissioner Zenker?

Yes.

Commissioner Connolly?

Yes.

Commissioner Cleary?

Yes.

Mayor Schmidt.

Yes.

Item B, a call for public hearing on ordinance 6633 to amend the obstructing law enforcement officers discharge in discharge of their duties.

This is a public hearing.

Um, but I think we wanted clarification first, Julie.

Yes, Mayor Commissioners.

So we we have an uh currently existing obstructing law enforcement ordinance.

This just adds the failure to identify, particularly in traffic stops where people are already required to identify themselves.

It's just when they fail to do so, they're hindering law enforcement's ability to investigate.

Okay.

All right.

So for thank you for the clarification.

Anyone who wish to speak to this, please come forward.

A second call for public comment.

A third and final call for public comment.

Seeing nor hearing any one, the public comment period is now closed.

Commissioners, what are your wishes?

Move is presented.

Second.

Is there any discussion?

Commissioner Connolly.

Um I asked a question of somebody and um they gave me a list of um pros, cons.

Um criminalizing uh constitutional rights.

Um the right to remain silent if the in action includes not speaking or refuse to answer questions.

Um there's some question whether or not it would uh collide with the Fifth Amendment.

Um could a person be punished simply for asserting that protected right?

Um I don't know one way or another.

I'm just reading the email I got.

Um as far as like the right to assist police, um the U.S.

Supreme Court held citizens generally to have affirmative duty to assist police, criminalizing inaction or inadvertent principle.

There's some concerns with um it being a slippery slope without having more definitive wording than what I have, and I just got this email late, so I didn't get a chance to forward it on to have it addressed, so that's why I'm reading some of it here.

So um I know the motion came out so fast, but yeah, could we table it until next meeting and revisit it so I can share this with Julie?

Because there's more well, we have a first and a second.

We are in discussion period.

We can certainly ask questions of attorneys.

And that there's more to it, that's why do we want to go through it piece by piece or give her a chance to look at it and see if it stays the same or do we adjust it?

So first off, I think that I would like to have attorney mees.

Can you come up to the podium please?

So I don't know if you if we can address any of the questions or comments, because I think this was brought forward as a as a request to help make sure we can discharge our duties as law enforcement.

Right.

So mayor commissioners, so we're seeing, especially in traffic stops, people are refusing to identify themselves.

And within the century code and other laws across the country, when a driver is stopped, they are required to hand over their driver's license and identify themselves.

That's case law.

So but we're seeing people who are refusing to do so, and that is hindering the officers' ability to investigate whatever is going on with the traffic stop.

I don't know what else you have.

I mean, we could I'll leave that to the commission to decide what path should be going forward, but um the the uh the refusal to identify themselves is a problem for officers because then they're stuck with somebody who they don't know who they're dealing with.

We don't know what their background is, and it's a simple matter of pulling out ID or identify themselves.

Okay.

Well, if we passed it tonight and I sent the information we need to make adjustments, we can always do that too.

Certainly.

We sure could.

I'm comfortable with that.

Okay.

Any other discussion?

Hearing on we'll call roll.

Commissioner Zenker?

Yes.

Commissioner Connolly?

Yes.

Commissioner Cleary?

Yes.

Commissioner Rish?

Yes.

Mayor Schmidt.

Yes.

Item C is public hearing on ordinance 6630 to amend sections 12-05-013 11 12-07-04 12-09-18 12-10-06.

12-10-07, 12-13-26 of the City of Bismarck Code of Ordinances related to careless driving speeding and in construction zones, et cetera, and driving under suspension.

Anyone in the background, this is these are amendments due to the law changes in our 2025 legislative session.

So anyone wish you to speak to this, please come forward.

A second call for public comment.

A third and final call for public comment.

Seeing nor hearing anyone, public comment period is now closed, Commissioners.

What are your wishes?

To approve?

Second.

Is there any discussion?

Hearing none will call roll.

Commissioner Connolly?

Yes.

Commissioner Cleary?

Yes.

Commissioner Rish?

Yes.

Commissioner Zanker?

Yes.

Mayor Schmidt.

Yes.

Moving to item D, consider requests from the administration department for discussion on releasing one or more Class D full alcohol on off-sale licenses for sale through sealed bid opportunity.

Go ahead.

Evening, Mayor Commissioners.

Currently, the City of Bismarck has 26 Class D licenses that are in use.

According to our ordinance, the total number of Class D licenses issued in any year may not exceed the 20, may not exceed 24 plus one additional license for each 2500 people in excess of 60,000 people in our city or individuals.

As shown by the most recent official estimated census based on uh the Census Bureau, we're at 77,772.

And so that would give us 31 licenses that we have total for the city.

So that would leave five available.

Over the last several months, we've had several entities that have requested a D-license in the last probably four months.

And um some of these entities have more than one location.

So there's quite a bit of interest right now, and I'm just coming to you tonight to see what you would like to do if you would like to release any of them.

And under the current ordinance, we could release up to five more.

That's how many we have available, yes, sir.

And if there was more interest, we'd have to look at whether or not ordinance was changed to change the calculation somehow.

That's correct.

Uh the last license that we released was in I believe January of 24.

Um process for releasing those, we would request uh uh sealed bids for those.

Uh and we do typically have a reserve of 200,000 that we set for those licenses.

That's been our our history, and we would put it out for bid um and then open those whenever that date closes and go from there.

So based upon based upon the contacts you've had how many how many are we looking at that are really looking for licenses?

There's potentially seven locations that are looking to have a license.

Okay.

Commissioner Rish.

I've got a question.

Well, in the ordinance itself, the license sells for what, 4500 dollars, but we don't charge that, we put it out for bids.

No, that's the renewal.

That's the renewal.

Oh, that's the renewal.

Okay, I see, I see.

Okay.

Commissioner Cleary.

Um, I guess Doug, obviously we have another public hearing coming up for that 6623 that's going to be making amendments to the like liquor license process.

Is any of that going to be affecting the D license?

It will not affect the number of licenses that we would allow to go out based on our population.

We're not making any changes to those requirements.

Okay.

What would you say, Commissioner?

We could.

We could.

I mean, we could amend that.

We could amend it to increase the total amount of licenses available, which I mean at some point in time I think might be a discussion, and maybe that is when we do that.

Right.

It's kind of been a hot topic.

I mean, since I've been on the commission that it's hard to change it without well, what here's what happens is government has made it a commodity.

And that's typically not how you want your government to treat businesses.

But again, those those 20, what'd you say, 24, 25, 26, 22?

26.

I mean, they have some of them have had to pay a lot of money just to get those licenses.

So you have to respect that as well.

So it's a it's a fine line to walk.

Very fine line.

And I totally respect that, and I don't want to disrupt that because it's been created and it's it's out there.

But at the same time, we have potentially seven applicants, which means to me there is a demand.

It certainly is a potential demand more for more than what we currently have available.

So the the quite request as I understand is what do we want to do?

Do we want to release some all?

Do we not put and then of course set the reserve for sealed bid?

Um I guess my opinion would be that we do release some of them.

I think that the last time we talked when we did the last one, it was like there was only the availability for one or two, maybe three, I guess, but it wasn't that it wasn't five.

So obviously we've grown.

The need is there.

I mean, I'd I don't I don't know if we want to do all of them, but I certainly think we could do some of them if we're sitting on five.

They're the enough growth for five.

Commissioner Rush.

I've just got a question.

So whoever paid $311,000 in 2024.

What happens if they go out of business or whatever?

Can they resell that to somebody else?

Yes, the cluster.

Okay.

Commissioner Zenker.

It's the golden ticket.

Commissioner is I would think I'd be comfortable with three.

Letting three out.

In fact, I'll make a motion that we have direct staff to um release three licenses based on traditional means of bidding and move forward with that.

Do you do we ought to have a set of reserve in that or this?

I think it's in the ordinance.

Isn't it?

It's not an ordinance, uh, the reserve.

The the minimum bid is not right.

What did we do last time?

Excuse me, hold on.

I think it I thought it was.

It was 200,000 last time.

And I can't remember without going back to the I just want to make sure we cover it.

I I can't without going back to the ordinance, I can't remember.

Someone is looking, right?

We're just not waiting.

That's a fair question.

Mayor and commissioners, uh the ordinance reference says the board may set a minimum bid or other conditions of the bid which shall be stated in the advertisement, and that's in relation to uh an additional class D or Class E license.

So the commission establishes the base bid price.

And we don't remember what we did last time?

Uh mayor and commissioners, I believe it was either 200 or 250,000.

Whitney's saying 200,000.

And just for clarification, I I think there was maybe a misspeak.

I think the last class D was issued in 2023.

So we're two and a half years past that, not just a year and a half.

I'll continue my motion to include the same minimum bid as the previous license.

Okay.

How's that?

Second.

Do we have discussion?

Whitney, you don't have to put that long pause in there for that.

I don't see any discussion.

We'll call roll.

Commissioner Cleary?

Yes.

Commissioner Rish?

Yes.

Commissioner Zenker?

Yes.

Commissioner Connolly?

Yes.

Mayor Schmidt.

Yes.

Next item E is fall leaf collection update.

Steve.

Good evening, uh, Mayor, Commissioners.

Um, about three weeks ago, um, we uh had talked about the subject, and at that time you'd asked me to go back and find a little bit more information and report back.

And so that's what I'm here uh to do this evening.

Um over the course of the last three weeks I did have um uh a few people reach out and offer some comments.

And you know, the first comment that was most prevalent was that um instead of the bags, maybe residents can just place garbage cans out for collection, you know, those 35 gallon garbage cans.

And by all means, if we do a fall leaf collection, they can place those cans out there.

And so um they were thinking that instead of the bags, just place cans.

And then I also had one take it one step further, and um they actually recommended that the city furnish those 35 gallon trash cans for everybody to put their leaves in and collect.

And so I'm I'm passing that along as well.

I did have another individual that reached out and said, you know, there's no no need to collect the leaves in the fall.

They recommended that everybody just mulch them.

And so I'm also passing that along.

Had several individuals that reached out and you know said, you know, we've got 17 grass dumpsters across town.

Um they didn't think that there was a need for the collection as well.

Um that you know everybody could utilize those those 17 sites.

And then there was another one that had a concern that we were taking away their ability to put the leaves and grass in their city furnished 96 gallon can.

And I explained that no that these that ability is still there.

Um we're not talking about removing that.

If they so choose to put anything in that 96 gallon can, um they can they can continue to do that.

And so um those were some of the comments that I had received.

And so in doing the research on the the recyclable bags, um, I did find that they are available locally, and the the prices that they're advertised online is anywhere from 50 cents to 60 cents a bag.

Usually they sell them in a pack of five.

And so um, however, when I did go out to uh to get some of the bags for samples for you, um, one of the places actually had them on sale, so they were 30 cents a bag versus the 50, and so anyway, the range and is from 30 cents to to 60 cents.

Um there's also numerous places that you can order them online, and uh the shipping is uh relatively quick for for a lot of those places, and so um in doing a research, I also noticed that there are um recyclable plastic bags out there, and so um we kind of reached out to get a price on those, but then in doing a little bit more research on those, they're compostable but only under a controlled environment, meaning controlled temperature, controlled moisture, and for what we're doing and dumping them at the landfill, they're probably not going to biodegrade out there, and so I I didn't bring that option forward this evening.

And um, so in looking at um what we can buy them for, um there's several distributors out there that we could buy them from.

Uh some of them the lead time was out several months, and so um for those um we had to go with a distributor that could actually get them here in a lot shorter time frame.

And so the if we bought them in smaller quantities, our cost would be about 88 cents a bag, um, which is quite a bit more than you can go downtown and buy them for.

Um, if we bought them in bulk, which is a truckload, meaning about 66,000 bags or a cost of about 45,000, our cost came down to 66 cents a bag, still more than you can go and buy them on the street.

And so um with that, um, I just want to report that back this evening because that was the um my assignment was to try to figure out you know, could we buy them and how much would they cost us if we did buy them?

So those are the costs.

So with that, we would still be looking for um a decision um if we should be if we should move forward with the fall leaf collection.

Um if the answer is yes, then should we require the residents to place them in a paper bag, or um put them in a paper bag, therefore they could all be composted and recycled, or would we allow residents to put them in a plastic bag, and then therefore they would just end up in the landfill, like they do if they set them out in previous years.

And so um, and then if we do more move forward with it, how often should we do it?

And um last time if you recall, my recommendation was uh twice in the fall, probably once in mid-October and once in late October, with the flexibility to be um to adjust should a snowstorm or something come through.

And um, because in order to make this happen, we do have to take roads and streets employees to do this collection for us.

And if we have a snowstorm, I'm gonna have to shift them into priority, which would be snow removal, and so then I'd like to shift this around if if at all possible.

So with that, uh any questions of me.

Yep, thank you, Steve.

What do I do?

Your portfolio.

Correct.

Um I guess uh I I know that staff um I think feels the same way as I do.

If we're going to do the leaf pickup, um we want it to be combustible.

We don't want it to end up in the landfill.

So like when he he still leaves the option.

Sorry, Robert.

Uh he still leaves the option of of the plastic bags and like the general pickup and them going in the landfill.

And I think that though obviously that's an option, I don't think it's an option that we want to take.

Um I think that the question on the table is if we do a leaf pickup, which I do think that there's a portion of the population that does want it, um, do we just ask them to supply their own bag and or bin?

Um because then that way obviously he is also getting calls for people who don't think it's a requirement.

And if we're gonna be funding it, then there's not balance for those people.

Um if we're providing the service but they still have the obligation of the bag, then at least it's not costing the additional funds uh for purchasing them and then having citizens that aren't using the service still footing that bill, if that makes sense is kind of where I'm at with it.

Um I still would like to offer the surface service.

I think there is a decent amount of people who have asked about it and are worried about that, and that it was one of the bigger questions when we talked about stepping away from extras, so um that's I guess where I am at with it.

If anyone else has thoughts.

Thank you, Mr.

Mayor.

Yeah, I feel comfortable with the two-week pickup paper bag or cans and the citizens provide their own cans and paper bags.

I think that's reasonable, rational.

It it'll be helpful to a lot of folks.

Yeah.

And I mean I think too like I'm glad we looked into it.

If it would have been way cheaper for us to buy them in bulk and provide them, then I would have probably considered it a a viable option, but it sounds like it's probably more expensive for us to do that for pe and then for then people to just go out and buy them.

So I guess that would be um my preference at this point.

So we should probably we could do it by consensus, I guess, but it would be.

Do you Steve do you want to motion?

Unless he wants a motion.

No.

I I don't think we need a motion.

And I need to make sure Commissioner Connelly your consensus, because I haven't heard from you or seen your head.

And I may have to do that.

I'm fine with the consensus.

Okay.

Um I don't I don't need a motion if if that's the consensus of of the commission, I'm fine with that.

Okay, perfect.

And I would just agree too that like your flexibility in those dates is probably necessary.

So we'll leave that up to you.

Okay, perfect.

Thank you.

Okay.

Thanks, Steve.

Moving to item F.

Consider request from the Finance Department to accept the 2024 audit results and the 2024 annual comprehensive financial report.

Dimitri.

Uh good evening, Mayor Commissioners.

Well, this meeting seems kind of short, so I'm gonna take my sweet time.

So then I'm gonna cut you off.

Um, this is just kind of uh uh, you know, really just a report I want to uh present to the city commission.

Uh we do it each year, but really it's the annual financial report that we put together in the finance department.

It really is a c a compilation of entire years of of the entire year of 2024 and in our work and the city's work on uh preparing basically what really happened during that year.

It really is whereas a budget is kind of a forecast of what we're thinking into the future.

This is kind of a look in the past to see what has happened, uh what are the results of of our financial operations and how are we doing um in reality.

And honestly, uh uh kind of like the mayor, I I worked for a CPA firm and I've I under I I understand the intricacies of what goes into preparing these reports and the compliance that has to be followed, and um it is we are obviously audited by a third party that you will hire.

Id Bailey is our auditor.

Um they uh have performed their audit uh once again.

Um like I said, it's a hundred and sixty-page report that really provides an in-depth look onto how the city is doing financially uh or has done in 2024.

And the really what what I would are my department does is really puts this report together based on these accounting standards that we have to follow, and then we have the auditors audit them.

But I use this when we project out future budgets and things of that nature.

We this report is integral um into our understanding of how things are gonna work out in the future and how things look in the budget.

So that being said, you know, we uh we've they've looked at our internal controls, they've evaluated how we're operating internally.

You know, not uh they obviously can't look at every single number that we have in the system.

They look at things over a certain threshold, the auditors do.

And so the auditors also evaluate our control controls and see how they operate.

Um they had nothing to report to us in terms of um controls, uh overall controls.

Um they had they've audited our federal grants, which they're required to.

Uh we we receive um uh uh ten over ten million dollars in federal grants, um I don't even remember the number.

Um but we we are required to have a compliance audit on several and so they performed that on several grants.

We had no findings on that.

So overall we have a what's called a c a non-modified or clean audit opinion uh once again.

Um we we passed the audit.

We did have a finding uh related to uh uh the event center, similar to last year.

Um it's relating to the controls related to the event center.

Um, you know, as you've all seen and discussed, um they're all related to uh design of controls related to various things um at the event center and how they run operations.

Uh that's nothing new that we have we've seen.

Um it's something that they have brought up a finding on last year.

So that's nothing unusual, but uh we know we've kind of reassured the auditors that it's being taken care of and the uh city commission and the staff are working to uh mitigate those findings.

Um with that being said, we also prepare uh what's called an annual comprehensive financial report, which is submitted to the the Government Finance Officers Association Association, the GFOA, and they do a separate review of our financial report to kind of see if we complied with all the requirements um all accounting requirements, and so we usually get comments about six months later.

Um and we get a if we did a good job, we get a little award, a little little thing we put on our on our plaque.

And um but yeah, we're very proud of what we do.

Our staff are very proud of of our fiscal services staff put together this report, and it takes a lot of time.

We start it in February and we finish it in June.

So it's a long time to put together while we're trying to run the day-to-day operations of the city.

So it's uh it's a big undertaking, and I just want to uh thank our thank the auditors that worked on our Bailey to who worked on our on on the audit and thank our staff uh led by Eric Lund and Paige Gilgallen.

Uh really appreciate their hard work and dedication.

I'll send for any questions.

Commissioners.

Go ahead, Commissioner Rush.

Excellent.

159 pages.

I didn't read every line, but it's a lot of data.

How'd we do in 2024?

We had a budget.

Did we uh come in under budget overall?

Yes, uh Commissioner Rish, great question.

Yeah, we came in under budget overall um in in various funds.

Um like I said, the only funds were really required to budget by um by statute are general funds, special revenue funds, and death service funds.

I know that might not mean a whole lot, but basically um any funds that mainly receive tax dollars are are are required to be budgeted and followed, but we came in under budget on on all of them.

Any other questions?

I I would like to personally compliment.

I mean, I know your staff put this report together.

Um I do know in some situations actually the audit firm puts the entire financial statements together.

So the fact that we have the quality staff that we have to be able to do that and not have a finding on the financial reporting is is good because I issue several where there's findings because people can't put their financial statement together.

So thank you.

Appreciate it.

Thank you.

And we we need to accept this, so we need a motion.

Um move to accept the audit results of 2024 and the financial report.

Do we have any discussion?

Hearing none will call roll.

Commissioner Zenker?

Yes.

Commissioner Connolly?

Yes.

Commissioner Cleary?

Yes.

Commissioner Rish?

Yes.

Mayor Smith.

Yes.

Uh item five is other business.

Do we have any other business?

Go ahead, Commissioner Rush.

Uh Mr.

Mayor, um, we had an incident down on Michigan Avenue.

Your your um depart portfolio, but we had the sewer backup, and I was just gonna I I talked to Mr.

Mark this morning and um ask him to explain what the situation is.

And the reason I'm bringing it up because when I look at my um utility bill, it says 30 cents sewer backup protection.

So it might incline folks to say, oh, I got insurance on my uh my sewer backup when probably not as clear cut as that.

And I just we had a it was a bad situation, as you well know.

But um could you brief us on what the 30 cents is and um what the situation is with the claims that are being filed?

Yeah, absolutely.

Uh Mayor Commissioners, Commissioner Rish.

Um, the the 30 cents goes to a sewer backup policy, is what we have, and it's to help um relieve the financial burden due to sewer backups that may occur.

And this this covers sewer backups that happen due to blockages or obstructions in the sewer main, so not your service lines.

So that's what our policy is there to cover.

Um with what happened on July 20th on Michigan Avenue.

I mean, I think we're we're around 20 residents.

Um we're waiting for Enderf to review all the information to give us a determination back before we're able to make next steps of what what we're able to participate in.

So that's what we're waiting for.

There's certainly a lot of information to to be reviewed on that one.

Commissioner Rush, go ahead.

So does this 30 cents go to Endor?

Or do we keep it at on a we keep it in the city, right?

Correct.

The 30 cents uh goes into a special fund to to help with financial burdens on these properties.

Um so the 30 cents with our accounts equates to roughly just 84,000 a year.

Any other questions?

Thank you.

Is there any other business?

If there is not, then I the next item is an executive session, so I would request the motion to move to executive session.

Move to enter executive session under North Dakota Century Code 44-04-19.2 regarding contract negotiations for land acquisition.

Second.

Any discussion?

Hearing none will call the role.

Commissioner Cleary?

Yes.

Commissioner Rish?

Here, Commissioner Zenker?

Yes.

Commissioner Connolly?

Yes.

Mayor Smith.

Yes.