Bismarck City Commission Meeting - March 10, 2026

The Bismarck Board of City Commissioners met on March 10, 2026, in the Tom Baker room of the City County Building. The meeting included a consent agenda, several public hearings, and discussions on a variance appeal, a zoning appeal, a land development code update, and event center management. Key actions included approving street improvement contracts, upholding a variance denial while directing code changes, and accepting an appeal for a zoning and plat decision.

Consent Calendar

• Consent Agenda (Items I1 and I3-I?): Approved unanimously.
• Item I2 (Lead Service Line Reimbursement): Pulled by Commissioner Rish for explanation. City staff detailed federal/state funds allowing up to 80% reimbursement for homeowners replacing lead service lines from curb stop to home, covering restoration, concrete, sprinkler repair, and the line. The item was approved unanimously after discussion. Commissioner Rish also clarified that credit/debit card fees for online utility payments are convenience fees; ACH transfers and in-person payments (including credit cards) have no fee.

Discussion Items

• Item A – Pension Plan Ordinance Amendment: Public hearing on ordinances amending city employee and police pension plans. No public comment. Approved unanimously.
• Item B – Street Improvement District SI-594 Parts A and B: Linda from Public Works presented bids for annual asphalt maintenance. Part A: Engineer's estimate ~$5M; low bid from Northern Improvement Company at $4,064,372.90 (20% under estimate). Part B: Estimate ~$4M; low bid from Northern Improvement at $3,374,112.20. Both awarded unanimously.
• Item C – Street Improvement District SI-595 (Scrub Seal Projects): Resolution of necessity advertised; protest period ended March 5. Of 1,159 parcels, only 6 protests received across 4 of 6 units. Insufficiency of protests accepted unanimously, allowing project to proceed.
• Item D – Variance Appeal (Henry & Lisa Gerving): The Gervings appealed the Board of Adjustment's denial of a variance to increase accessory building area from 1,200 sq ft to 1,320 sq ft to cover a private well. Staff noted the property has an existing 1,200 sq ft building (permitted 2024); the well was installed after. The Board of Adjustment found no hardship and denied 4-1. Applicant Henry Gerving argued the Board closed the public hearing before he could answer their 25 questions, and that he needed to cover filtration equipment due to hard water. Commissioners debated finding a hardship: Commissioner Connolly suggested safety and water stewardship, while others noted financial hardship is not a valid criterion. Ultimately, the commission voted 3-2 to uphold the denial (Commissioners Zenker, Cleary, and Mayor Schmitz in favor; Commissioners Rish and Connolly opposed). However, the commission directed staff to add an exemption for well coverings in the land development code, restricting the structure to under 120 sq ft (no building permit required) and possibly a height limit.
• Item E – Appeal of P&Z Denial (Heather Jones/Lauren Fisher): The applicants appealed the Planning & Zoning Commission's February 25, 2026 denial of a zoning change (A to RR), a major subdivision final plat (JFP Foxhaven), and a major street plan amendment shifting 76th Avenue NE ~200 feet north. The 10-acre site is northeast of Bismarck (73rd Ave NE / 41st St NE) and was in the city's ETA when filed (now outside per March 1 agreement, but existing applications grandfathered). Staff recommended approval; P&Z denied after public testimony from adjacent landowners east of 41st Street concerned about the road alignment impacting future development. The City Commission voted unanimously to accept the appeal and set a public hearing for April 14, 2026 (per applicant's request due to consultant schedule).
• Item F – Land Development Code Update: Shenny Baker from Clarion Associates provided an update on the zoning code rewrite, initiated in 2024 to implement the Together 2045 plan. The consolidated draft will be available publicly next week; an open house was scheduled for March 11, 4-7 PM at the Public Works building. The code is expected to go to the Planning Commission in March for review and back to the City Commission in May for final adoption. The commission reiterated its direction to include an exemption for well coverings.
• Other Business – Event Center Management: Commissioner Zenker expressed concern that Oak View Group (OVG) representatives were at the Bismarck Event Center meeting with staff despite no signed contract. Mayor Schmitz and Jason Fenton responded that the authority board invited OVG to begin familiarization; OVG is uncompensated. Redline contract drafts were expected that evening. OVG HR staff met with employees, and discussions covered employee protection (all full-time staff offered jobs day one), capital improvements, and key performance indicators. Goal is to present a contract at the next commission meeting in March.

Key Outcomes

• Consent Agenda: Approved unanimously.
• Item I2 (Lead Line Reimbursement): Approved unanimously.
• Item A (Pension Plan Ordinance): Approved unanimously.
• Item B (Street Improvement SI-594 Parts A & B): Both awarded to Northern Improvement Company unanimously.
• Item C (SI-595 Insufficiency of Protests): Accepted unanimously.
• Item D (Variance Appeal): Motion to uphold denial passed 3-2 (Zenker, Cleary, Mayor Schmitz yes; Rish, Connolly no). Staff directed to amend land development code to exempt well coverings under 120 sq ft (no permit required) from accessory building area limits.
• Item E (Appeal of P&Z Decision): Appeal accepted unanimously; public hearing set for April 14, 2026.
• Land Development Code Update: Ongoing; open house March 11; Planning Commission review in March; final adoption expected in May 2026.
• Event Center Management: Contract negotiations ongoing; redline expected after March 10; goal to present contract at March 24 or next meeting.