I've got 515.

It's February 10th.

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

This will be the Board of City Commissioners regular meeting which at uh today.

But prior to starting, if Chaplain Deacon Noslin would come forward with prayer and pledge of allegiance, please.

Sure.

Good evening.

Let us pray.

Dear Heavenly Father, we gather tonight to give you thanks for the many gifts you have bestowed upon us.

We thank you for our families, for our friends in a special way for our community and all those who serve it, especially these commissioners and all our first responders.

Lord, as this commission gathers again tonight, we ask for your guidance and your wisdom.

We ask that all of tonight's discussions, deliberations, and decisions would begin with your inspiration and be in accordance with your will and continue with your unfailing help.

Lord, we make this prayer with faith and trust in your promises and ask all glory and praise be to you as we pray in the name of your son Jesus Christ.

Amen.

Please stand.

Join join me in saying 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.

Amen.

Thank you, sir.

Thank you.

If we can call roll to call the meeting to order, please.

Commissioner Rish.

Here.

Commissioner Zinker.

Here.

Commissioner Conley?

Here.

Commissioner Cleary?

Here.

Mayor Schmitz.

Here.

Our first item is public comment.

The public comment period is restricted to the consent agenda, the regular agenda that is not a public hearing or uh the prior city commission agenda.

Anyone who wish to speak, please come forward, sign in and state your name and tell us which topic you're speaking to.

Give me just a second, Trevor.

I'll sign you in too.

I I'm here to speak to item number three, the Bisman transit request.

I would ask you to support the request.

This is a long time coming for our community, and I just think it's time to approve the changes so we can move forward, and I would ask for your approval on the request.

So thank you.

Thanks.

Anyone else wishes to speak, please come forward.

Oh, sorry, Dustin.

Good evening.

For the record, my name is Dustin Governorow.

I am resident of Bismarck.

I'm speaking to item number five or E, I forget which it is.

Uh it's the street utility fee, of course.

Uh I just want to encourage if you uh get to the point of making a decision.

Uh I am fully in favor of the idea of an advisory vote uh rather than trying to pitch a uh more broadly structured uh open-ended concept to the voters.

Uh I've been doing a lot of my own research in and holding town halls related to statewide measures as well as discussing these things, as well as talking to some uh individuals privately and uh I'm not getting a lot more positivity on the feedback on my end than the city did on the survey.

And so uh I just want to uh let you guys know that uh if if it's not to be, it's not to be.

Uh there may have been a timing window that we missed on this, uh, but that uh overall uh I I'm not hearing as much cry for a drastic change as we were years ago when we started this process.

Uh with that I'd stand for any questions.

Are there any questions?

Commissioner Connolly.

Just an advisory vote or a non-binding advisory vote, as it's stated in the agenda.

Uh Commissioner Connolly, I believe that advisory votes are non-binding.

So if they're not, then yes, a non-binding advisory vote.

Okay.

Any other questions?

Thank you.

Anyone else who wishes who would wish to speak, please come forward.

Hello, my name is Susan Dingle, and I am here to speak to urge you on the Bismand Transit ask for money from the city sales tax initiative to help support added services.

My understanding is that what Bizman Transit is asking for is money for four more hours of operation a day from Monday through Saturday.

Well, four more Monday through Friday, three more, maybe on Saturday.

And to expand the Sunday hours to make them open at least on a pilot project basis to the public under the same usage conditions that anyone else using the peri-transit service must use it, which is a 24-hour at least in advance reservation and $3 a ride each way.

All of these service changes are aimed at helping more people be able to use public transportation.

For instance, being able not only to get to their job, but to get home from it, or vice versa, to be able to do things like combining work and school and maybe additionally things like shopping or socializing.

All of these things are to the benefit of Bismarck.

And they are supported by economic development people who you are working with on joint projects.

Having a good public transportation system is a factor in relocating businesses and attracting people to work in them.

It also is a factor in attracting students and keeping them, and even in some cases, faculty.

There is at least one UMARI faculty member right now who said he would not have come to work in Bismarck had it not been for Bisman Transit to get him to and from UMARI.

And I think he is a neighbor of mine, so he would be living in central Bismarck.

This is this is a big deal.

It is important to support.

It helps the city be progressive and looked upon favorably.

It's a it's a win-win.

So I urge you please support the ask.

Anyone have questions?

Thank you, Susan.

Okay.

Public comment period is still open.

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.

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

I'll move we pass a consent agenda.

Second.

Is there any discussion?

Here and I will call roll.

Commissioner Zinker.

Yes.

Commissioner Connolly?

Yes.

Commissioner Cleary?

Yes.

Commissioner Rish?

Yes.

Come here Schmitz.

Yes.

First item in the regular agenda, A, public hearing to approve the non-exclusive right-of-way occupation agreement with Gateway Infrastructure LLC.

Gabe, you got a small presentation for us or a large one, whichever it is.

Mayor, Commissioners, uh, I'll have just a very short moment, but uh Derek Leafert from uh Gateway uh Infrastructure LLC will be providing the presentation for you today.

Uh as you mentioned, this the request before you is a right of way occupancy agreement with an entity that is called Gateway Infrastructure LLC.

They would provide uh telecommunications service or internet service to various businesses and residents within the community if this passes.

Uh I'll let him, uh Derek, the representative speak more to what their plan would look like and their in their build out and what that is.

But uh my suggestion for you here today would be listen to this presentation and then call for a public hearing.

Um I guess I'd come back for any questions that you would have after all of that is completed.

So I guess for now it would be Derek Show to speak on what his company is proposing in our community.

Thank you.

Thank you, Gabe.

Uh Mr.

Mayor, members of the commission, Derek Califort, head of government affairs for Gateway Fiber.

Uh we are a fiber to the home internet service provider based headquartered out of Missouri, but also have uh expanded into other states.

Uh North Dakota is one of the most recent states that we've expanded into.

Uh but let's see here.

Is it there we go?

Uh really I I don't need to sell you on our service.

Our service pretty well sells itself.

Uh everybody needs, wants, desires, uh high-speed broadband internet.

Uh really I'm here to talk to you about what the company is and kind of what our processes look like.

Uh as far as our company is concerned, we started uh we were started to serve a town of 300 people.

Our founder served uh uh founded the company to serve a town of 300 people in Missouri.

Uh and that that same DNA, that local train of thought is still kind of is in the DNA of who we are.

We think locally uh and want to make sure that we communicate that to any town or community that we go into.

We we look for partnerships with communities that are are really in need of and support um the the businesses in their community and look to do the same.

Um as far as uh you know what what we look to do, we we're in these markets right now launched in North Dakota and Fargo uh as recently as this year in uh July, I believe is when we came into North in uh North Dakota.

But uh have been having conversations with uh Gabe and Jason over the past couple of months about uh expanding here in Bismarck as well.

Um as far as what we offer, we're we're uh highly reliable service or one of the fastest rated ISPs in the country.

Uh we're we've got a 99.998% uptime, which is a highly highly reliable service, uh much different than what you would see from your copper providers uh or regular DSL providers.

Uh fiber is a scalable uh product.

So that means that uh you know there's no end in sight to uh when that might you know expire as far as as far as the actual uh useful life of the asset.

Uh it could be you know 50 years, it could be a hundred years, nobody really knows, but uh it is scalable.

So if we need additional uh bandwidth over and above what we have right now, we can certainly scale up to that uh by simply switching out some programming and just a little bit of hardware.

But for the most part, the fiber that's in the ground is gonna stay there and it's gonna last a really, really long time.

Uh we do our our primary focus is primarily on residential.

We do offer commercial services.

Uh we also offer E-rate.

Uh so if your school systems or uh governmental institution buildings need service, we can usually get that at a pretty heavily discounted rate just because of kind of the services that we offer.

Uh but our primary focus uh to Gabe's point is on residential and commercial.

As far as pricing, we're uh kind of a one-size-fits-all pricing.

Uh we have various different packages, and it doesn't matter if you're in Massachusetts or if you're in North Dakota, wherever you're at, uh the pricing is going to be the same.

So our our our 300 meg service is 65 a month.

That's all inclusive.

The only uh addition that we would have there, uh we will be charging a two and a half percent franchise fee uh imposed, you know, because you guys are gonna agree to that or hopefully agree to the two and a half percent uh franchise fee, and then that's what would be passed on to the consumer.

Uh so that's the only additional cost above and beyond the 65 a month, or depending on whatever package that you choose.

You know, if you go to the 600 megabot 600 megabyte package, that's 75 a month, or one gig is 90 a month, and then most people don't need two gigs, but if they decide they want to do that, then that's 150 a month.

Uh so the only other fee that we add on top of that is if you need a second router, uh, you know, if you've got a home that is uh kind of spread out quite a bit, then uh we would you know charge another five uh a five dollar a month fee for the additional router.

But outside of that, what you see is what you get, that's what comes out of your account.

Uh we are relentlessly focused on our customers.

And I think if you check uh any of our our reviews on website, whether it's Google or anywhere else, I think that you'll find that we have very, very high ratings, uh, usually 40 to 50 times higher than the industry average.

Uh and that's mainly because we've place a huge focus not only on customer service when folks call in, but also the installation process.

So whether it's the installation process where they're going out and they're making sure that all the customers know how to use their equipment, making sure they have the speeds that they're paying for, whatever it is, we make sure that uh the customers are satisfied before we leave.

We also make sure that we resolve any issues that come up during the actual construction process.

As you guys can imagine, it's a very disruptive process, but we do our best to minimize that uh and make sure that folks are are happy with how things are uh once it's once it's done and it's restored.

I'll talk about how that what that looks like here in just a second.

But as far as the process to to deploy the fiber, uh we're kind of in the second stage of this right now.

We've already gone through the planning stage.

Uh we met with a lot of your engineering staff earlier today.

Uh we'll finish that engineering out and then we'll start construction uh when the ground is is conducive to that.

Uh once we get done with that construction, we will start be we'll start the installation process where we'll as we build the neighborhoods, we will actually start lighting the neighborhoods and installing homes.

So it's not something where we have to come in and uh basically build the entire city and then go back in and light people.

We'll we'll light it as we go along.

As far as the process, you know, there's the the actual fiber that goes in the ground, the conduit and the fiber that goes in the ground, uh that's the that's the messy process.

That's the pro excuse me, that's the process process where you're gonna see folks out there uh with the directional drills using the directional drills in the trucks.

Uh that's the that's the messy process that you're gonna see.

But then beyond that, they'll go back, they'll pull they'll pull the fiber through that conduit and then they'll go back and they'll splice that uh and then they'll go out and they'll do the the land restoration where they're restore, you know, any our goal is to make it look as good or better than it was before, so they will store uh any of the the grass or anything that they uh messed up during the the installation process.

As far as our damage prevention process, uh we actually pioneered uh in in across the United States, we pioneered a process where we we actually have third party auditors that go out in advance of our actual construction crews, uh and they audit when we when we submit a one call, uh the contractors get that to our third-party auditors, those auditors go out, they they confirm everything that's on that one call to make sure that we're not disrupting uh utility services.

Uh if there's anything that looks odd or something's not there, uh then we make sure to call the utilities back and get them back out there that that's reduced our damages by 90 percent.

Uh so that's pretty important that we do that and other telecommunications companies and other gas companies and other utilities have kind of modeled what they're doing after that as well.

As far as the home install process, uh essentially what we do is we go out, we look at things the first time, come back out a second time to prepare for locates, the third time we bring the the uh the drop that's gonna come from the curb into the home, and then the fourth time that we come out will be when they come out to actually install and connect the routers.

Uh so that's what the home installation process looks like.

All totaled from uh order to installation, you're looking at probably a five-day period on average from the time that you actually order it until we actually come in.

We're not gonna be one of these people that give you a uh window.

I know some of these people say, well, if you can be home sometime between 8 p.m.

or 8 a.m.

and 5 p.m., maybe we'll get to you at that point.

We usually try to provide like an hour or two window.

Uh and then and unless there's something that's really, really bizarre or odd, we're gonna fit in that in that window.

And if not, we'll call and make sure that we get a reschedule.

As far as the city is concerned, uh we talked to the city today about kind of what we do as far as our notices.

We want to make sure that the community is aware that we're coming in, and we also want to make sure that they know what that process looks like.

Uh whether it's the construction process, the installation process, how they communicate with us, uh we we want to make sure that we're having conversations with them.

There's a number of different ways that we do that.

We do that through marketing.

We also do various different events throughout the community.

We want to invest in the community and be a part of it.

Uh so we'll go out and do various different events and uh just interact with with homeowners, businesses, uh, and talk to them about what who we are and what that construction process looks like.

We'll also be doing door hangers on every door uh where you know it'll have a QR code, they can scan that, it goes to uh basically a web page that shows them a video about what that construction page looks like.

So uh and then kind of what sets us apart, we're a little bit different.

You know, we're we're focused primarily on customer service, not not bottom line returns.

Uh we're very, very committed to being here in the community and making sure that uh we're involved and invested in the community and want to be a good partner again.

Uh and then our safety and our speeds.

You know, the the processes that we use to make sure that we're being safe out there is over and above what's required.

Uh but we feel like that's the right thing to do.

And then our our speed and our reliability is second to none.

So be happy to answer any questions.

I know I've kind of went through that pretty quickly, but happy to answer any questions anybody might have.

Questions?

Commissioner Rish.

Um Thank you.

Um stream uh Netflix or something like that?

Yeah.

No, you can stream those things.

We're we don't provide you know, uh a regular cable company would provide cable services.

Uh and internet will allow you to stream Netflix, Amazon Prime, you know, various different things like that, but we don't actually offer that video as part of as part of the internet package.

I can just go online and purchase that myself.

Correctly.

It's essentially what you do right now.

So if you're if you're on cable right now, um whoever the your cable provider is, um that's essentially what you're doing right now is when you Netflix is separate and distinct from you know that cable provider, and it's the same for us.

Just one follow-up.

I read the 18-page contract, it looks completely fair.

My question is the two and a half percent um fee.

Is that common?

Is that what Fargo has or other communities have been?

Yeah, it just depends.

It depends on you know the community.

Some have you know two and a half, some have others, but uh two and a half, I think is kind of where we thought was was fair, and and uh you know it's hopefully you'll see it the same way.

Commissioner Connley.

Um to kind of follow up with uh Commissioner Rish and that um we have our government access on this because like the you don't provide the video, uh your company doesn't really impact that portion.

But um the current service that we have that does provide video, their franchise fee supports that whole system.

There's another company that's most likely going to be coming to this area that does have the video option, and that's gonna further deplete that funding source, but they're both called the franchise fee.

We have the discussion at the board meeting today through Dakota Media Access that does that airing.

Um so I thought it kind of pertinent for on your behalf, and that is to define the difference of the term franchise fee because it means different things and how that's supported.

Um then the secondary question to that is um uh with fiber and that being a big topic in this state.

Um any ties to data centers or um the AI centers, or uh is it strictly commercial and residential?

Ours is strictly commercial and residential.

Now we're gonna co-locate our uh server space and and and uh basically our central office with uh uh middle mile provider, uh which a lot of times middle mile providers are serving those data centers, but us specifically is not focused on the data centers.

We're focused primarily on the residential and commercial.

Okay.

Thank you.

Yep.

Any other questions?

Okay.

If not, uh we may have questions at after the public hearing, but we'll we'll see where we're at.

Sure.

And yeah, just one one more important thing I failed to mention was uh if you guys have constituent issues or concerns.

Uh I'll I'll give as my contact information, have them reach out to me directly.

I'll work with our team and core data resolution to it.

We don't our our goal is that you don't have those, right?

But if for whatever reason you encounter those, you run into issues, let us know and we'll resolve them as quickly as we can.

Again, it's gonna be a disruptive process.

Everybody knows that, and there's any utility installation process is gonna be disruptive.

But uh our hope is to minimize those as much as we can.

And so we want to make sure that we're partnered with you guys in that endeavor.

Thank you.

All right, thank you.

Yep.

This point in time, I'll call the public hearing.

Public hearing is open.

Anyone wish to speak, please come forward.

The second call for public hearing.

Third and final call for public comment.

See no one hearing no one, the public comment period is closed.

I do have a question for Gabe if I can follow up before we and others may have questions as well.

Gabe, so I to address Commissioner Connolly's request uh question.

Actually, the two and a half percent franchise fee, that's to go to the pool of dollars, is it not to help support things like Dakota Media Access?

Mayor and Commissioners, Mayor Schmidt's, we haven't identified the where the revenue that will be generated from from this fee uh would go or from that franchise fee would go at this point in time.

Um it's obviously a very at this point it's a zero dollar amount over time it could grow, and so we're we're hesitant to describe where where it will go because we're not even sure what the number is just yet.

Um we do recognize that the the build out of this of a facility like this will have additional uh uh complications when it comes to our contractors trying to build our infrastructure and maintain our infrastructure.

So uh some of it could also be used in that regards to help support and or help subsidize or buy down the cost of a water main replacement if there's now 10 extra fiber optic lines to cross during that corridor because of the the build out of the network.

So there's lots of different locations where we could justify where that revenue should be go uh should be placed.

And today we haven't done that analysis or made those decisions yet.

Okay.

Other questions commissioners, what are your wishes?

Move to approve is presented.

Second.

Is there any discussion?

Hearing on a call roll.

Commissioner Connolly.

Yes.

Commissioner Cleary.

Yes, Commissioner Rish.

Yes, Commissioner Zinker.

Yes, Mayor Schmitz.

Yes.

Item B highway construction project HC 174 Street Improvement District, SI593, Gabe.

Okay, Mayor and Commissioners.

This is the bid summary for the highway construction project HC 174, also known as Street Improvement District 593, which is the reconstruction of Ottawa Street from north of 43rd Avenue to Canada Avenue.

This is a project that we had on your agenda a couple at our at your last meeting.

We asked for it to be continued to today's meeting so we could talk about both this project as well as the funding uh update that the DOT has provided.

Um you'll see also in the packet there were two project budgets associated with this project, one showing a $2 million uh contribution from the North Dakota Department of Transportation as a prairie dog is grant funding, and the other showing that as is not part of the funding package.

We were able to receive from the DOT some information that would have been early parts of or later parts of last week uh regarding the prairie dog is grants program.

So this project, as you may can recall, uh was eligible or was submitted through the DOT's flexible transportation fund program.

It was unfortunately not selected for the flexible transportation fund, so we do not win that grant, but they use the same applicant pool to decide which projects would be eligible for prairie dog as grants projects.

And so and fortunately we were successful for that one.

The tricky part of that is that that is a uh funding source that will be available if the various buckets that the legislature has has determined are filled in the appropriate time frame during the biennium.

So there's not a guarantee that the bucket will be filled.

Uh it's obviously very likely in the sense that everyone is planning for those items, but it's not a guarantee.

And so the letter that we received from the DOT uh to all the communities that receive similar grants as as we have as the Prairie Dog is grants type of projects.

Uh we're we're given a letter saying you can proceed with your project and all the costs that you incur will be eligible for reimbursement if we end up reimbursing this project and if we end up getting to a point that uh that those buckets are filled.

So that was the second letter of the excuse me, the letter that was added to the agenda after the original um uh agenda packet went out and was included in your file.

So with all of that, I do recommend awarding the project.

Um I think the uh it would be my opinion that we would move forward with this project even if we didn't have any additional funding.

It is great that we have this additional funding in place and we'll know within the next 12 months or so whether or not the funding is in is L is will come.

Uh but we would have probably I would have recommended moving forward with the project even if we were uh not awarded the the project in the first place.

So I guess with that, uh we would recommend awarding this project to uh strata corporation to a bid of four million three hundred and ninety-four thousand nine hundred fifty-seven dollars and fifty-five cents.

Uh stand for any questions that you may have.

Commissioner Connley.

Um it's it's the road is to be done.

I mean, it's deteriorating quite rapidly.

And that um so I would motion to approve as presented.

And then second.

What's that?

Well, I've got a question.

I had a question.

Yeah.

Well, we can go ahead and ask the question and then we'll we got a motion on the table.

We we have a motion, we have a discussion anyway, so go ahead and ask the question.

Okay, I uh Gabe.

Um it's great.

It came in about a million dollars under budget.

The Tyler Parkway last meeting, Kate went from almost 15 million to 9.3 million.

Excellent, excellent.

Um pleasant.

But I'm a little bit concerned with the engineering costs.

Um on this one, uh it's about 25 percent, 1.27 million dollars engineering costs, which is almost 20 25 percent.

And on the Tyler Parkway, it's uh about 2.4 million, which is again almost 25 percent in engineering costs.

I love engineers, and they should be paid well.

I used to be an engineer.

I don't know if you guys knew that or not.

But um, it just seems like 20, 25 percent is pretty pretty big number.

And um we've got excellent engineers like yourself in the city.

And what do you think is driving the increase in these engineering costs?

Mayor and commissioners, commissioner Rish, I I wouldn't necessarily categorize it as a uh increase in the cost.

It definitely is an increase in the percentage.

Uh so when we get a really low bid price from the contractor, that makes it appear that the engineering fee is higher as a proportion.

Uh but really when we looked at that project, we we thought it would be more expensive than what the bids came in.

Same can be said for Tyler Parkway and some of our more recent ones.

Uh it works the other way too.

If the contractor has a really, really high bid price, it it feels real bad, but oh, but the engineering fee is lower as a percentage.

So we would much rather be in a spot that our our contracting industry is is hungry and we have a good engineering plan set that reduces the risks for those contractors so they can put their best price forward.

And if we can do that, then we're probably getting our money's worth for whatever that engineering consulting firm um contract would be.

But um fees in the 20 to 25 percent range is is typical and isn't alarming from what we would see.

And internally, we wouldn't have the staff ability to produce um a detailed plan set and and pursue the construction observation without pulling back some of the other responsibilities that we're doing, and then we'd have to hire a consulting firm to do that work, which which we typically don't.

So it's one of those we we try to maintain our staffing levels within the engineering department for the annual uh maintenance type projects that we're doing every year, and then reserve some of these um consulting engineering sort of services for those uh random projects that just might show up and get constructed, and then we might not see another one for another couple of years.

Thank you.

Any other questions?

Commissioner Singer.

Just to expand on that too.

I mean, we've got to remember that both those projects, the both engineering firms have done something anywhere between 12 and 14 months before they bid.

Right?

And that's just included in that in that uh progress as well.

So I just want to clarify that.

So some of the fee is hourly based upon all that prior work.

Absolutely.

Okay.

Any other questions?

We have a motion, a second.

We'll call call the vote.

Commissioner Cleary.

Yes.

Commissioner Rish.

Yes.

Commissioner Zinker.

Yes.

Commissioner Connolly.

Yes.

Mayor Schmitz.

Yes.

Item C was polled, so we're to item D.

Consider request to receive presentation from Bisman Transit regarding the service changes.

Deedra?

Hey, before you start, congratulations, making it.

Last time you're in front of us, you had to sprint over demand in and it worked.

I saw you got approved, so congratulations on that.

Yeah, I ran in the door.

And I didn't see your name in the paper about uh any tickets or anything.

So good job.

He was close.

Thank you.

Uh good evening, Mayor Schmitz and City Commissioners.

I'm here tonight on behalf of the Bisman Transit Board to request your approval of service or approval of service increases to our capital area transit, um, fixed route and paratransit services.

These changes, if approved, would take effect April 1st, 2026 and represent a meaningful step towards meeting our community's transportation needs.

Our current fixed route services provide essential mobility for commuters, students, seniors, and families, but the existing hours leave gaps for many who work non-traditional shifts or need options beyond what's currently provided.

Similarly, our paratransit services support the elderly and individuals with disabilities who require demand response options, yet Sunday hours remain limited.

Currently, there are no public transportation options for the general public on Sundays or holidays.

To address these needs, Bizman Transit proposes the following expansions.

First, for our fixed route CAT bus service, we recommend extending operating hours by four additional hours each day, Monday through Saturday.

This would shift weekday hours from the current 7 a.m.

to 7 p.m.

to 6 a.m.

to 10 p.m.

and our Saturday hours from 8 a.m.

to 7 p.m.

to 7 a.m.

to 10 p.m.

These earlier starts and later endings would better accommodate early morning workers and late shift employees throughout the community.

Second, we propose extending Sunday demand response hours from the current 7.30 a.m.

to 2.30 p.m.

to 7.30 a.m.

to 6 p.m.

This additional time would provide greater flexibility for those who rely on paratransit for church, shopping, social activities, or family visits on Sundays.

Third, we are seeking approval to open Sunday and holiday demand response services to the general public for the first time.

Currently, these services are limited to eligible paratransit riders only.

By transitioning to full public access, we can offer a valuable option for anyone needing flexible transportation on days when the fixed route service is not in operation.

To evaluate the impact and costs of this new public access component, we plan to operate the bus uh operate separate buses for paratransit eligible riders and the general public riders during the initial phase.

General public riders would follow the same scheduling protocols as paratransit users, reserving rides at least one day in advance, and the fare costs will be set at $3 per ride.

These proposed changes have been carefully considered by the Bizman Transit Board following public comment sessions and rider feedback.

They align with our mission to provide safe, reliable, and efficient public transportation to support the overall quality of life in our communities.

For the partial year from April through December of 2026, we anticipate expenses of approximately $664,100, covering our operations contractor costs as well as projected fuel expenses.

For the full fiscal year of 2027, the estimated cost is $953,470.

These figures reflect the additional fixed route and paratransit service hours as well as the general public's access on Sundays and holidays.

The success of these changes will be measured over the next 12 to 24 months through rider feedback surveys, ridership numbers, and overall system productivity.

I would be happy to answer any questions you may have, and I thank you again for your time and consideration this evening.

Questions.

Go ahead, Commissioner Rish.

Mr.

Mayor Deedra, first of all, thank you for your work on this.

The public outreach is excellent.

I just want to make it clear this is money that we're raising through the dedicated sales tax that was passed last year by the voters, correct?

I mean the money we would use for this.

Yes, that is what's making it possible for us to proceed with the expanded service hours.

Do you know by chance about how much we've raised or how much we've got in the kitty to um um so we're able to pay for this?

Yep.

Page is here with fiscal, but I also have the information too.

So go ahead.

Hi, Mayor Commissioners.

I'm Paige Gogallin.

I'm a CPA and I work in the finance department.

Um so as of today, we have a balance of $2,245,000.

And that's for collections between April and November.

Okay.

Well, thank you.

We've got plenty of money.

We do, and and just as a follow-up, so I'll next week at at Metropolitan Planning Organization actually be on the there's on the agenda a study request to look at what additional things outside of these routes for an 18-month period that we could be looking at to enhance public transportation.

So my request, I I actually had kind of had them delay that because they were gonna look at the routes and everything.

So, hey, we don't the routes are gonna be in.

We how do we study 18 months while that's going on?

We don't even know what the effect is that's gonna be.

But there are other things that we need to consider, like do we have some infrastructure needs that may need to go in, some bump outs for better safety for those or a hub or something like that, and shelters.

So that's what they're gonna be focusing on.

In addition, if there is a hub that's decided how do these routes fit into that, or what other routes do we need?

So you know, we have we'd committed to sure up the funding, about a million dollars.

A little less than that, actually, but that that's about what it was.

And this would be another well, our share.

Is this our share, or is this the total share?

This is the total expense.

So our total our share will be something less than these numbers.

Um we're still gonna have revenue.

We're generating about four million dollars a year right now in sales tax revenue.

Yeah.

So go ahead, Commissioner Conley, and then Commissioner Cleary.

Yeah.

Well, and I appreciate that, Mayor and uh Dieter, thanks for the presentation.

Um clarification when you said transit is proposing.

Actually, I really believe this is the community's proposing because you've had a lot of community access in both communities.

When I was going door to door, I went door to door in both Manda and in Bismarck.

And I had met people that came here for six-figure jobs, and they left because they couldn't get services for their kids on a public transportation basis because they had special needs.

And to some degree that hurts because there's a lot of um businesses spend a lot of money on training and recruitment, and then to have those jobs leave right away.

Um I do know the one that uh uh Mrs.

Dangle mentioned.

Um that person actually um University of Mary called me directly and said uh we have a really good recruit, but they're reliant.

And I said I told them I said I couldn't promise anything.

This is in the works.

So they took the chance on Bismarck because we had something in the works and they made a commitment to be here.

Um and I know that other people exist.

And I also heard about significant job losses because a person would have uh KFYR TV had somebody to where that person had a vehicle and that vehicle broke down.

They got the vehicle through a grant.

Well, they didn't have any money to replay uh get their vehicle working again, and with no public transportation service, it just didn't meet the need for that spot.

And um there's a lot of a lot more examples than people would assume.

And I encourage anybody, go door to door if you want to vet the difference.

You'll you'll get an enlightening experience.

Um I think this is a good step in the right direction.

The other thing is is that a little bit off, and then I'll be done.

Um from this, we've seen significant increases in rents and manufactured home parks uh over time.

And there's been some state um bills and things to try to adjust that, but it's not keeping up with the pace of those increases.

So as people are seeing their expenses increase faster than the revenue to fill in those needs.

Um this type of thing can be an alternative to some of their transportation expenses.

We won't know the impact of that for a while, but I think it's worth vetting the difference.

Commissioner Cleary.

Um I guess I just wanted to add um that I do really appreciate the like concept of adding time.

I know you've been up here time and time again where we've talked about holidays and timing and what the community needs out of public transit to make sure that it's show is showing its value.

Um and I've heard from a lot of people who use public transit here and elsewhere that there's really no purpose if it can get you to your job but not home from your job.

And a lot of people that rely on public transit don't work nine to five.

They might work a night shift or a really early morning so I really do appreciate the thought process that goes into adding those until 10 p.m I think is going to be a huge help for a lot of those people who are not working that nine to five.

And I'm really curious to see how it works out with the holidays and the Sundays I appreciate that you're trialing it with two different buses to really see is it being utilized in the way that we hope that it will be so I think that'll be a really interesting process with that too.

So that's really all I have to add.

Are there any other questions or comments?

Commissioner Zinker I don't uh just one so I just want to clarify only thing we're approving is the service changes and you'll come back later for the monetary side of it.

Perfect make a motion to approve is presented exact numbers yet.

Second we have first and a second any further discussion here and we'll call roll Commissioner Rush yes Commissioner Zinker.

Yes.

Commissioner Connolly Yes.

Commissioner Cleary Yes.

Mayor Schmitz Yes.

Item E consider request receive options related to the proposed street utility fee.

Okay.

Gabe Thank you, mayor and commissioners.

Uh the item that I have before you is directly related to our strategic plan as you'll note in our agenda packet um calling out the strategic focus area for infrastructure and development and one of our goals is to establish and implement a sustainable funding strategy to support long-term infrastructure development and maintenance.

So with that uh maybe to get everyone caught up to speed at our uh first meeting in January uh we presented some of the information received from the public on the street utility fee and and ask for some direction.

That direction that was given was come back at a subsequent meeting here we are tonight uh to talk about what the language would be for either an advisory vote that would be nonbinding but would provide some um guidance to the commission to understand is this an issue that we want to keep um talking about is this an issue that the public is asking for us for a resolution or a a solution alternatively it could also be the full um blown home rule charter amendment and that could be also be put up for or shouldn't say also instead that could be put to a a public vote on that June uh ninth uh 2026 primary election um maybe I'll kind of walk through the concepts that we have here um the first would be that non-binding advisory vote um ultimately that would just uh I don't phrase the question necessarily within the the agenda memo um but that the intent would be just to query them ask what what their support would be would they be in favor of a um replacement of of special street maintenance special assessments with a monthly utility bill or excuse utility fee.

That's probably all the question would ask and that's all the information that we would likely provide in that question and then we'd see what the public would where where they would take us with that.

If I talked now on the home rule charter amendments there's a probably a couple of different options uh once again in in increasing complexity it could start with something as simple as we laid out in the agenda memo uh just a change to levy and collect an infrastructure fee for street maintenance purposes.

That's ultimately all you would have to say in the in the uh home rule charter amendment and let the votes uh come in where where they may uh that's pretty straightforward it doesn't get into or really address any of the issues that the public have brought up or that we would even uh with our own understanding of the issue uh have resolved so there would be a certain level of of trust of what would happen next after that so I would definitely would advise if there's other elements we would want to include um and I tried to list those as some subsections to that initial question uh with the first being uh that street maintenance special assessments would no longer be created for projects funded by the fee.

Um it's kind of a redundant statement because century code wouldn't allow us to do that anyway but that would address what some from the public have have noted that if they would support a a an infrastructure fee or street utility fee they don't want to have a double dipping component take place and they're still using special assessments and we created this fee.

Legislation would say that we can't do that but that would probably be worthwhile to explain that within any homeworld charter amendment.

And then the the second piece that I have is is item B in the agenda memo was the prior to implementation Board of City Commissioners shall approve an ordinance defining the scope of the activities funded by the fee, the fee classes, the initial monthly fee and fee adjustment process and minimum and maximum ending fund balances.

Those in my mind would be the the the minimum lists of things that we would have to do or we should do as as an organization before we'd implement a fee.

So it's not so much that we when we're asking the public to change something in the homeworld charter would have that all planned out of what the the the solution looks like when we get to the end but we would be mapping out the steps that the commission would take.

In the same in the same vein the public might not understand all the time that you can't create an ordinance without a public hearing but identifying that there would be public hearings and opportunity for public comment throughout that process would have some value as well.

So I guess maybe with that I'll pause the rest of that's in the memo.

There's obviously some other outstanding issues that would need to be resolved.

I would think some of those, in my uh opinion, wouldn't rise to the level of a home rule charter.

I mean, when we look at that home rule charter, we reserve a lot of that language for just the very highest of and most direct of guidance for the organization.

We then follow that up with ordinances or policies or procedures that would get into some of those details.

So it would be kind of inconsistent for us to explain the entire street utility fee package in a 16-paragraph home rule charter amendment uh when really that's inconsistent what we would do with the rest of our um utilities or any other you know fee that we might charge as the city.

So I guess with that, I'll pause for discussion and hopefully some direction from the board on how you'd like to proceed.

Commissioners.

Commissioner.

Mr.

Mayor Gabe.

So let me see if I see this right.

Either we do the non-binding advisory vote, it'd probably be in June, and then if it came back really positive, then we'd come back in November, perhaps, with the full change to the home rule charter.

Mayor, Commissioner's Commissioner Rich, that could definitely be a package or a route that the board could take.

Um I still think you would run into the similar situation is that if the public says yes, we're interested in the thing, to what degree are we going to package up and figure out every last detail before we ask for the real vote.

So I think we would be in a similar spot that we are right now, uh, but it will at least give us some indication that we should analyze this issue further and um maybe create a a utility, um a hypothetical utility, so we can provide every single answer to every single citizen that might have a request of what their number would be.

Um so I guess I don't know if that answered the question or not, but um short answer, yes, that could be a path that the commission takes if the vote comes back as a non-binding advisory vote comes back positive to then continue the conversation and and follow that up in November.

Other comments.

So I have one concern that we are going to have a minimum of two additional measures on the June ballot, both asking for tax revenue, and is this going to cause us further confusion by having three, even though it's a non-binding vote.

Schools are going to be out.

We have our street infrastructure continuation sales tax.

And so that's a question I have.

Like, how much how much is too much for to provide enough information so make sure our voters are educated properly.

And I it's a question.

I mean, I I know schools like they're gonna have their meeting next week or the week after, and they're probably gonna vote to have a bond issue.

The schools?

Schools.

Commissioner Connolly.

Well, and that's um that can certainly lend into the conversation.

Uh Gabe, thanks for what you said.

Because it's also a measurement of trust.

We've in the last 15 years, there's been a lot of um conversation over the trust when it comes to votes.

And we have an opportunity.

I mean, arguably we would have uh if it would whether it's an advisory vote or put an advisory vote on the general, and then look at the next election cycle.

I mean, we have some flexibility with this element of it, because there are a lot of moving parts.

Um so that might lead into what you were saying.

It's a question I have.

And I mean I'm putting it to us because we want to make sure whatever we recommend, we can make sure we can get enough information out so that our voters can make a good intelligent decision.

And if we have a lot of items out there, it's gonna just be harder to get that much more information out.

That's my concern.

And knowing schools are planning, at least I've been told that they're planning, they have a need.

And so if there's a bond issue and we have sales tax and we have a street fee, do we have a we have a lot of things now?

And so I I ask the question.

Gabe, go ahead.

Mayor, if I may, I would say, and I try to highlight that in the memo as well that if a question was asked of the voters, whether it's a non-binding advisory vote or full-on home rule charter amendment, I would anticipate a very similar level of effort and communication from from the city organization to explain what those things are and to go through that you know analysis and to to explain to the voters what even the advisory vote means.

We don't want to have an ill-informed uh voting public provide an advisory vote, yes or no, without really knowing what it is that they're even advising on.

So I would envision a very similar public outreach campaign uh regardless of the the type of vote you would put forward.

But obviously, if there's no vote, then we would just kind of um stall the the conversation for the time being until directed.

My concern is just there's there becomes a lot of issues.

It's not that we can't provide the information, but now we're there's a lot to consume.

And the bond issue from the schools is probably going to be a pretty com I'm I'm told could have a lot of factors to it.

So just that's what I was told recently by the school.

So I it's my obligation to bring that to us and and share that information.

So I I personally believe ultimately some kind of fee to take care of specials and make specials not exist is a is a uh economically fair methodology of taking care of streets in the in the neighborhoods, which is what this is about.

But I don't know if we even have the sentiment.

I don't know.

I'm I just don't know.

And I've been down this path for like eight years now.

Commissioner Zenker.

So I wouldn't if if you want to postpone it till November, fine, then I don't care.

Um but I think if you're gonna postpone it till November, then you gotta ask the full question for the parameters that Gabe that Gabe presented, because they seem practical.

And that seems they are practical.

Um if you just get an advisory vote in November, then you gotta wait a whole nother two years.

And I tend to agree with you.

And and this thing's been delayed not because of the city of Bismarck, because we were trying to change some statutes within the the state constitution, which which hindered the the progress that would have been done six years ago.

So um again, either way, doesn't matter to me, but uh we either quote unquote get it done or we don't.

That's kind of where I'm at with this thing.

And I'm I bet if I asked Gabe, he'd say the same thing, but he won't say it publicly.

Yeah, Commissioner Zagrar would say it publicly too.

We we would love some direction, either do the thing or not do the thing and then this is decided.

And I and I agree with the Commissioner Z.

Commissioner Zinker, I agree with you.

If we don't if we don't do the advisory vote, but we decide we want to move forward, I would think we in November would be the home rule charter.

Right.

I know Commissioner Connolly.

If an advisory vote was on in June, um because it's less about say taxes or anything.

I um would independently or um working with, I would do everything I could with the resources I have to help define that difference on education.

So I only want to put it out there because I just know there's gonna be a the school board is planning on so there's just this other issue out there, so all of a sudden we've got three yes, Commissioner.

Yeah, Mr.

Mayor, uh Commissioner Zinker, I agree with you both.

We do it, we do it in the fall and make it a real home rule charter.

I think what what's so appealing to me for the about this is we'll say Bismarck taxpayers millions of dollars if we ever get to this in place.

Millions of dollars in interest costs and construction loans, millions of dollars in interest on special assessments.

So that's the most appealing part that I see in the whole project.

But um, yeah, I think there's probably too much stuff on the June ballot.

I I don't know.

I only ask the question.

Yeah, you know, there gets to be a lot of things, but then that would give us some time.

I go to a men's breakfast every Wednesday, and there's like 70 guys there, and last two Wednesdays ago, they're all crowded around me asking about this, and there was a bunch of stuff somebody said that was wrong, you know.

So I I was helping explain it.

So it's gonna take some explanation from all of us to um make sure people understand what it is that we eventually propose.

We just need to give Gabe direction, I think, and I I only brought up my concern.

Go ahead, Commissioner.

Um I guess I came into this after reading through this, um, liking the idea of the non-binding advisory vote.

Uh but I just worry to your point, I didn't know much about the schools, what else, what other ballot measures are gonna be other than ours.

Um and to me, the conversations we've had on the sales tax and making sure that that gets extended for our road projects is also very, very important.

Um I don't like when we talk about the surveys that Gabe puts out, we see how highly rated our roads are in this community and how appreciative people are of that, and that wouldn't be possible without that sales tax.

And I just worry that we're going to be giving people too much information all at once, demanding to know what they want in for all these different things.

If we can move it to November and have it more flushed out for people, that then they're only making a couple big decisions with these ballots at a time seems a little bit clearer to me, I guess.

Um but I mean I agree if we're going to be pushing it to November, then it needs to be the whole concept.

Um I didn't I liked the idea of the non-binding advisory vote coming into this just because I think again to your surveys, Gabe, you get very mixed reviews.

But I also think that there's not a full understanding of what it is too.

So I think it would be a hard survey for some people to fill out.

But then with that being said, we need to make sure that they understand it when they're voting.

So if they're not understanding it when they're filling the survey out, how do we get them to that point when they're voting?

And do we have time to do that before June?

So I could go either way, but I do think we either need to move forward with it or be done.

So Commissioner Connolly.

I'm still all in on the advisory vote, just because once you get permission to put black ink on white paper, you choose to put it on there.

There's some intentionality with it.

And if we just forego that, even if it's more time.

Election years are always convoluted.

Even by the time we get to the general election, we're still there's measures at the state level there.

Um there's several getting signatures.

Um I think that we keep the intentionality in there and keep the foot on the gas that we're doing everything we can to get it out in front of the citizens, keep it where they can not only where we're talking about it at this table, but we're also they can see it in a document and keep it in the forefront of their information because people are inundated with information all the time.

So that's all I have.

Thoughts?

I mean, I'll brought up what I brought up because I have heard about it.

So if if we're all fine with that, I mean I can go with I'm I'm I'm fine if we do the advisory.

Go ahead, Gabe.

Yeah, Mayor and Commissioners, I I might also add, I I spoke previously that I would envision a similar public outreach kind of campaign, regardless of the option chosen.

I think if you did choose a non-binding advisory vote, uh depending on how you would phrase that, it could probably be done that is just simple enough that you don't need to really do any engagement with the public before they read the what is written on the on the ballot, and then they can just make that determination themselves.

Um so I would offer that that's probably another solution too that might not not spend as much city energy and and community energy talking about an issue that we're just trying to get a uh test the waters concept.

Um there's ways to do that that are probably less impactful or less energy draining um on the community to by just wording the question appropriately Commissioner Cleary.

And Gabe, you feel comfortable like if we were to do the non-binary simplified, like you're saying for June, um that we could still move forward in November with the home rule charter, because that's gonna have to also happen.

Sure.

Mayor and Commissioners, Commissioner Cleary.

I think the the Home Rule Charter, obviously you could do that even at June time frame.

I don't know if there'd be anything that would come out of uh an advisory vote that would that would give you more insights as to the policies that you should be adopting as the board, what this rate should look like.

It's just be a high level.

Is this even something the community would like as a philosophy?

And then from that, if if there's enough support for it, yeah, I think that would give you the the direction that the community wants you to continue to uh develop this program further before a vote is ultimately put for before the public.

So short answer, yes.

Okay, thank you.

I don't know if we have consensus or not.

Go ahead, Commissioner Connolly.

If we let you work on it, Gabe, um, for another two weeks and brought it back to the next meeting with the um advisory wording a little bit more worked out.

Um still hit the timeline.

Uh mayor and commissioners, what I would suggest is that um we still have some some more meetings.

I might look to Jason to understand exactly when would the final determination is made on language that would have to be decided.

But we still have through March to to make some language changes.

Um I will be back before this board next week to talk about the half-cent sales tax extension and the whole world charter amendment there.

If you want both of those items on the same agenda, we definitely can.

Uh but if you'd rather have this have um, I guess even in March time frame before decisions made, we could push it out a month and come back at that point.

Whatever you would want to do.

And uh administrative tomotics is April 6th is the date that we have to have our final determination made on both of those issues of of what the language is and and how we are approaching those questions.

Commissioner Sinker.

So it looks to me like consensus is still an advisory vote with the with the November um possibly November general election vote on changing the home charter.

Seems to me that that's the well then that's the way we're gonna go.

I would agree with that.

That's kind of where I'm leaning as well.

I don't think we need a motion.

You good with that?

How can you bring the you gotta bring the verbiage back to us to approve for the ballot anyways, right?

That is correct.

I would come back to the board for for the approval of that language.

Okay.

Let's go down.

Perfect.

All right.

Is there any other business?

Well, I had one of our citizens call us call me today saying he got a solicitation from somebody who said it was the Bismarck Police Department raising money for uh poor children.

Well, I talked to the chief, it's not the Bismarck Police Department.

So just a warning to folks watching this or people in the audience.

Uh no doubt a scam.

So be careful when you get a phone call like that.

Okay.

Any other business?

Hearing none, we are adjourned,