Bismarck City Commission Regular Meeting - October 14, 2025

The Bismarck Board of City Commissioners held a regular meeting on October 14, 2025, at 5:15 PM in the Tom Baker Room of the City-County Building. The meeting included public comment, approval of consent agenda, discussion of the Extra-Territorial Area (ETA) map, approval of various funding requests, an appeal on a backyard chicken ordinance, and restructuring of city departments.

Public Comments & Testimony

• Rosalind Weber, a Bismarck resident, spoke in support of the proposed backyard chicken ordinance, noting she served on the stakeholder committee and emphasized property rights. She stated that many North Dakota cities (Mandan, Fargo, West Fargo, Williston) already allow chickens and that Bismarck is behind. She urged the commission to move the ordinance forward.
• Robert Shield, an ETA resident, expressed support for the chicken ordinance and argued that ETA residents should have the right to vote for city commissioners. He also raised concerns about the homeless crisis and litter from small alcohol bottles in parks. Mayor noted that topic was not on the agenda.
• Heidi Sherato, an ETA resident, asked the commission to slow down the ETA negotiation process and work collaboratively with Burley County, saying she felt the city was taking an "our way or no way" approach.

Consent Calendar

• Motion to approve consent agenda with clarification that items D1 and D2 require a public hearing at the next meeting. The hearing will be advertised in the Bismarck Tribune. Approved unanimously.

Discussion Items

• Arts and Cultural Master Plan Update (Item A): Lauren presented the draft plan, which includes five chapters and an action plan. The plan was developed through community engagement (23 stakeholder interviews, six focus groups, an online survey, and a public workshop). The plan will return for final adoption at a future meeting.
• ETA Discussion (Item B): The mayor reported on a joint committee meeting where the city presented a map reducing the ETA from approximately 4 miles to 2 miles, while the county proposed eliminating the ETA entirely (corporate limits only). City staff made two minor adjustments (fixing a floodway boundary and removing Astor Ridge). Commissioner Connolly requested removal of properties along TG Lane and TJ Lane. Commissioner Zenker expressed frustration with the county's lack of vision. The commission voted 4-0 to send the modified map to the county as a final offer, with the understanding that if rejected, the city may exit the joint powers agreement (6-month notice required).
• Alcohol License (Item C): Public hearing for a new F1 restaurant alcohol license for Fifth Underground Events. No public comment. Approved unanimously.
• Annexation Hearings (Items D, E, F):
  • Item D (Northern Sky, continued): Applicant requested denial due to logistics. Motion to deny passed unanimously.
  • Item E (Right-of-way for East Century Ave, Ordinance 6640): Approved unanimously.
  • Item F (Elk Ridge 4th Edition, Ordinance 6641): Approved unanimously.
• Health and Safety Assessments (Item G): Public hearing held; no comment. Approved unanimously.
• Special Assessment Districts (Item H): Public hearing held; no comment. Approved unanimously.
• Highway Safety Improvement Program Funding (Item I): Chris Holzer presented four pedestrian safety projects: rectangular rapid flashing beacons at Century Avenue near Century High School, Washington Street and Avenue B, Riverside Park Road, and Airport Road and Lee Avenue. Motion to pursue funding approved unanimously.
• Transportation Alternative Program Funding (Item J): Two projects: overlay of State Street bike trail (Divide Ave to I-94, then I-94 to Calgary Ave) and a new trail (Claremont Conservation Trail) requested by Bismarck Parks and Rec. Commissioner Connolly raised concerns about the trail conflicting with a planned nature park. Motion to pursue funding approved unanimously.
• Urban Grant Funding (Item K): Two projects: reconstruction of Main Avenue between 7th and 9th Streets (proposed three-lane section) and replacement of traffic signals at Washington Street/Broadway Avenue and Washington Street/Rosser Avenue. Commissioner Connolly voted no due to the three-lane design for Main Avenue. Motion passed 3-1.
• Backyard Chicken Ordinance Appeal (Item L): Commissioner Rish appealed the Planning and Zoning Commission's 6-4 denial of a zoning text amendment to allow chickens in city limits. Jenny presented the appeal. Commissioner Rish noted strong public support and that no one testified against it at the hearing. Commissioner Connolly raised concerns about fire hazard from heating and chickens at large. Motion to reverse the denial and call for a public hearing failed 2-2 (Rish and Connolly yes; Zenker and Mayor Schmitz no).
• Organizational Structure Restructuring (Item M): City Administrator Jason presented a proposal to dissolve the Community Development Department, creating separate Planning and Building Inspections departments, splitting IT/GIS from Finance into a standalone department, and reclassifying the Assistant City Administrator as a civil service-protected position (no longer appointed by the commission). He argued this would improve focus on growth and development, with no net increase in staff and likely cost-neutral. Commissioner Connolly expressed concerns about expanding government and removing appointed positions from commission oversight. Motion to approve passed 3-1 (Connolly opposed).

Key Outcomes

• Consent agenda approved with public hearing notice for D1/D2.
• ETA map (modified) sent to Burley County as final offer; city may exit joint powers agreement if not accepted.
• Alcohol license for Fifth Underground Events approved.
• Annexation for Northern Sky denied at applicant's request.
• Right-of-way annexation (6640) and Elk Ridge annexation (6641) approved.
• Health and safety assessments and special assessment districts approved for 2025.
• Four highway safety projects approved to pursue state funding.
• Two transportation alternative projects approved to pursue funding.
• Two urban grant projects approved (Main Ave reconstruction and traffic signals), with Commissioner Connolly dissenting on Main Ave.
• Backyard chicken ordinance appeal failed; denial stands (tie vote).
• Organizational restructuring approved; staff directed to implement changes.
• Mayor commended staff for cleanup efforts around the soup kitchen area.
• Commissioner Connolly noted a potential McDowell Dam grant request; will follow up with park district.