I've got 515.

It's May 26th.

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

This will be the Board of City Commissioners meeting.

But first, we'll ask Chaplain Carr for invocation and pledge of allegiance.

Thank you, Mr.

Mayor.

Commissioners.

People in the audience, please bow your heads as I pray according to my traditions.

Heavenly Father, we thank you for the privilege that we have to serve this community in the various ways that we do.

We ask God that you protect all of our city workers, all of our first responders as they fulfill their calling.

We ask, Father, that you'll be with the leaders in our nation, in our state, and in our community.

That you'll be with them and that they will guide with godly fear.

I ask, Father, tonight that you'll be with our commissioners in this meeting.

I pray that you will guide and direct them.

I pray that they will look towards you for wisdom.

Be with the citizens of our community, protect and watch over them.

Thank you for providing for them.

And Father, may everything that is said and done this evening be seasoned with your grace, your mercy, your compassion, and your love.

And may we have your heart as we govern this great city.

We pray this in the name of your son.

Amen.

If you can, please stand.

Cover your heart with your hand.

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, Mayor.

Commissioners.

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

Commissioner Rish?

Here.

Commissioner Zenker?

Here.

Commissioner Connolly?

Here.

Commissioner Cleary.

Here.

Mayor Schmidt.

Here.

Our first item is an award presentation.

If Lauren could make the introduction and we have the award.

Thank you.

Mayor Commissioners.

The Historic Preservation Commission wants to recognize the efforts of residents and businesses whose efforts support the City of Bismarck's historic preservation efforts.

This includes the uh the education as well as the raising awareness of history and historic preservation within the Bismarck community.

This is the second year of the historic preservation award, and the Historic Preservation Commission is very excited to be able to recognize achievements that support and promote these efforts.

The Bismarck Historic Preservation Historic Preservation Commission selected Chris Anderson for the 2026 recipient of the Bismarck Historic Preservation Award for his recent presentation on the history of the Bismarck Fire Department.

This effort increased public awareness about the Bismarck Fire Department, showcasing photos, items, and facts about the department and its firefighters that were not well known beforehand to the community.

Mr.

Anderson mentioned that he had a lot of support for this presentation, both from his wife who let him practice the presentation many times beforehand, as well as from the whole fire department who supports his efforts.

With that, I'd like to present the word to Mr.

Anderson.

Would we be able to get a photo as well?

Certainly, I'm not sure what I'm doing.

Yes.

Mr.

Mayor Commissioners, I just I was at the presentation that Chris made about the history of the fire department.

He just did an excellent job and um explained the fire.

What Chris was it?

1898, 1888, something like that.

But anyway, it was a horrendous fire, took down most of downtown Bismarck.

And um, but I was there at the library, and thanks for what you do.

And Chris is very active with the uh the new the old fire truck that's being restored and he's even he's he's even driven it.

So uh Chris, thanks for what you do.

Thank you.

All right.

We are now to public comment.

Anyone who wish to speak uh during this period on a prior agenda or this agenda on the consent agenda or something that's not a public hearing, please come forward, state your name and identify what you're talking about and sign in.

A second call for public comment.

A third and final call for public comment.

Seeing no one and hearing no one, the public comment period is closed.

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

I'll make a motion to approve is presented.

Second.

Is there any discussion?

Commissioner Connolly.

Um I'm not gonna pull it this time, obviously, on D3, but um my I approve of everything else on it except for that.

My vote will be accordingly.

I think you'll need to pull it.

If you're not gonna vote on that, yeah, I'm gonna vote.

But it'll be because of that.

Okay, is there any other discussion?

So do I understand this right?

You're gonna vote no on the consent agenda?

Well, then I think we have to um pull that off because the consent agenda has to be passed by unanimous vote as far as I'm doesn't.

I voted no before.

Well, I I don't think that's right though.

Do we have a we have we have city attorney who said it's okay.

Well never seen it.

Okay.

Okay.

Let's go with it.

Any other discussion?

Hearing none, we're gonna call roll.

Commissioner Zenker?

Yes.

Commissioner Connolly?

No.

Commissioner Cleary?

Yes.

Commissioner Rich?

Yes.

Mayor Schmidt.

Yes.

Motion carries.

Next, uh, we move to the regular agenda, and it's to consider a request to receive a presentation from the Bismarck Mandan Leadership Programs uh group on a downtown beautification project.

And I don't know who is I I'm told Whitney is not.

She handed it off.

Mayor Schmitz, you have that correct.

She is definitely a huge part of our group, though, so I want to make sure she gets recognition that she deserves.

Um before we get started, um Mayor Schmidt's commissioners, uh, just want to briefly introduce our team here really quick.

My name is Alex Kowski.

I'm the new VP of economic development over at the Bismarck Mandan Chamber.

Good evening.

My name is Sidney Hulgison, and I'm the talent attraction specialist at the North Dakota Department of Commerce.

Um then, like we mentioned, Whitney Um is here from the City of Bismarck on our team, and then we also have Emily and Matt that are both with MDU resources, and then Charles Reichert, who couldn't be with us tonight, but he is um representing Aspen Realty.

And on top of all of that, we're all members or should say graduates of the leadership Bismarck Mandan program that recently graduated here in the middle of May.

Um getting started here.

So, yes, here today to talk about the downtown Bismarck beautification project, um project overview.

Um part of that leadership program is to identify a project as a group and see if you can kind of take that to the end, something that promotes Bismarck, promotes economic development in the area.

And when we were looking at a lot of ideas, there's so many ideas that come out of that, some hundreds of millions of dollars that I wish I could stand up here today and ask for, but we have to be realistic, right?

We have to start somewhere.

So our group wanted to really focus at something of where can we start and what can we take that idea to.

So our project we feel really some supports that economic growth for Bismarck while also improving the residence of Bismarck and visitors' experiences while in Bismarck.

So getting to our project description, as you can see here, that lovely planter box.

We like to do a lot of that.

And our goal is to enhance downtown appeal and vibrancy in Bismarck with the planter example shown on the slide.

In a perfect world, we have all the funding we need, and we asked for hundreds, if not thousands of these spread throughout Bismarck, the Bismarck community.

That's not realistic, right?

To start.

So we really had to find an area to start, and that's where you'll see in the next slide.

We're not there yet, but our kind of our scope of our phase one project.

Um we also didn't want to rush this project through, and that's why we wanted to start and make sure we do everything the correct way.

We start with a small scope and see where we can get that project to grow.

Um hopefully the feedback on this is good.

Hopefully the community sees the value of having something as small as these planters added to bring downtown Bismarck, kind of revitalize it a little bit, and more importantly, right, show that we have one heck of a good city, and something like this just further promotes how great of a community we live in.

So like Alex mentioned, we feel really strongly about the city of Bismarck, and we want to do what we can to enhance the experience for residents, vis visitors, businesses.

Um to start out this project, we're looking at Main Avenue from 6th Street to First Street.

So of course, a lot of people have um a different vision of what downtown Bismarck is.

Um but with just talking to community partners, you know, people at the city of Bismarck, um, the Downtowners Association.

We really wanted to complement some of the other efforts being done in downtown Bismarck.

Um, and so between um some of their existing efforts with native grass plants um and and some of those efforts on third to first, um we decided from sixth to first street would be um the area where we could have the biggest impact along Main Avenue.

Um so like like Alex mentioned, this is the planter um that we're looking at.

Um one big reason we were drawn to these planters is it has a 30-gallon water reservoir, um, which saves 50 to 80 percent of that traditional labor and maintenance expense.

Um and so that's really why we were drawn to these.

We don't want something that has to be watered every single day because that's not um necessarily reasonable for the forestry department to take on.

So with these planters, it has that built-in reservoir system.

Um, a lot of great benefits.

You can see the specs here.

I obviously won't go through all of them because we want to keep you guys on time, but they're a good size.

Um, they're winterized, they're stackable, um, so really feasible for downtown Bismarck.

They're made for downtown areas.

So we want to just show a quick um snippet of of a small area of downtown before um and then what it might look like when we add in a planter.

So it really enhances um already that that one piece of sidewalk, and we're looking to do approximately 30 of these on that uh main avenue strip, and so we're really excited about what that could look like.

Um, of course, we're from the Leadership Bismarck Mandan program, but for this to be a long-term sustainable project, um the five or six of us can't keep this going.

Um and so to really in enhance the sustainability of this project, we wanted the city of Bismarck to be our key stakeholder in this.

Um so we've been working with them every step of the process to determine what that scope was gonna be, um, to determine exactly where those planters will go along Main Avenue to make sure we're following ADA compliance and any regulations.

Um so not only will be we will we be going to the budget committee um next month um to ask for funding for this project.

Um we're also hoping to work with forestry to water the plants as well as store the planters at public works in the winter months.

Another important stakeholder in this project is the Bismarck Man Garden Club.

Um they have a they have a really good club here in Bismarck, and they were excited about this project and giving us insight for the actual design of the planters um because we're not experts on on flowers.

Um so they gave us great insight there and also plan to assist in helping coordinate volunteers to actually do the planting, um, which includes outreach to NDSU extension master gardeners group as well.

Um then, of course, getting support and insight from Bismarck Parks and Rec.

So, like I mentioned, the Bismarck Mandan Garden Club actually provided a design um for the plants.

So they took into consideration you know the sun and the shade ratios um in downtown Bismarck.

They chose plants that wouldn't be toxic if a if a child or a pet um were to take a buy out of a plant.

So they really um put some consideration into that and and helped us out in supporting the project.

So with that, I'm gonna turn it back over to Alex.

Um, but we're really excited to see um what this could look like and what we it could bring to downtown Bismarck.

Now, when we talk timeline as a group, we wanted to roll this out this year.

We also didn't want to end up on Bismarck reporting news and have a non-good thing be said about our idea of the project.

So we really wanted to take a step back and make sure nope, we're gonna try to think of everything before we have to actually put this in motion.

So you can see just the snippet here of the timeline, and we're at that uh city commission meeting piece of it now.

Look into order materials sometime this fall in preparation for implementation in May of 2027.

Uh looking here at the budget, and we could talk for hours on this.

Matt created all of our budget stuff for us, but just briefly hitting on upfront cost all in to start is about 16,265.

That kind of gets the project off the ground, gets the planters ordered, all of those startup costs, and then roughly a six thousand dollar ongoing annual cost.

Um you can't plan for everything, so at the same time, while we recognize we're gonna have those fees, we also have been looking for community sponsorships that can help us get more of the project done or maybe help the project get underway if we run into some other financing troubles.

So, all in all, this was a 45 minute presentation when we gave it originally.

We wanted to keep it very short for you guys and just go high level.

Um main ask to the city is we're just asking for the initial funding and possibly a future budget item if the city wishes to remain a partner long term.

So with that, I know there's not a lot of time.

Charles Reichert's email is listed there.

If there's any questions, follow-up questions, I can answer a few here, but I know there's a lot of other items to get to today.

So I'll open it now for any questions.

Commissioners Commissioner Conley.

So I believe we give the chamber EC from this table 200, 250,000.

There's an ask to increase the funds that are going into the vision fund, which would also boast those things around.

Um I would say take it out of those budgets that we've already allocated.

And that or form a business incremental district, because I've been in conversations over the last couple of decades about that.

It's been talked about, but it hasn't been formed in the downtown area.

But just my thoughts.

Good presentation, but thank you for that.

We uh taxpayer dollars can go in other places, in my opinion.

Other comments?

Commissioner Rush.

Personally, I love flowers.

And I think it'd be add a lot to downtown.

Um I was actually walking around downtown today and I met this Miss Holfer.

She's a new employee for us with the forestry, and she was weeding and watering.

We have a number of planters around down there.

Um but I don't know.

I I uh it's not in our existing budget, right?

This the 22,000 dollars.

I mean where will we get the money from?

Not that I'm opposed to it.

I'm just so in the current budget.

There was uh for call for projects, or were was money set aside for signing Welcome to Bismarck that nobody grabbed on to.

So those would be dollars that are available there.

Um my comments related to this is I think that this is a great program that Bismarck Mandan Chamber puts on for leadership, Bismarck Man and getting people involved in leadership.

And I believe it ble deserves support on a regular basis beyond the economic development money.

To me, this is truly trying to inspire young people to get involved in our community, which is the future of our community.

But I think it's appropriate to put it through to the budget committee for 2027.

As far as the planters for this year, I think there because nobody has brought a sign welcome to Bismarck project forward.

There probably are is dollars available if we wanted to make that as part of our action item today or not.

Well, Mr.

Mayor, I got a question for Alex.

Logistically, even if we said yes, you get the full amount right now.

Is it too late?

I mean, by the time you buy the planters, get them set up, uh you know, people have got their flowers pretty well planted right now.

Or what were your thoughts there?

Commissioner, for the rest of this year, we're not focused so much on getting the planters set up and the plants in for this year.

It would be something that we would look to implement come spring of 2027.

Again, selfishly, yes, I would like to get some planters and some plants in there.

I also want to make sure this is done the correct way and that we don't rush through anything.

So I mean, I I think you should put it through through the budget committee and the budget committee will or the budget will be heard this summer, and if all that is approved, I think then you'll have the opportunity to secure the planters this fall.

Most likely.

Because we could probably figure out how to handle that at that point in time.

If you're not gonna do it, yeah, if you're not gonna do anything with this year's budget, there's nothing for us to amend or approve if you're gonna go through 27 processes in place.

Have that perfect.

Thank you.

Thank you for the presentation.

I uh again I want to encourage leadership group teams to bring ideas for the entirety of our community, not just downtown, but the entire so like if this could be done elsewhere, you know, maybe we get somebody who's willing to sponsor it besides the city.

So thank you.

Mayor, commissioners, thank you guys.

Thank you.

Moving to item 4B, consider request to receive an update on the appeals from the April 7th Board of Equalization meeting.

Allison.

Good evening, Mayor and Commissioners.

Um at our City Board of Equalization meeting that we held on April 7th.

Um, it was a request of the board that evening that I come back and give you uh update on what happened with the appeals for the appellants who showed that evening.

Just a little bit of history on it.

For 2026, um, North Dakota Century Code did change.

So everyone received a um valuation notice this year, previous years, property owners only receive those if their value increased by a certain amount.

Um so everybody should have received a notice of increase.

Those were mailed out Friday, March 13th, and we did hold our board meeting on April 7th.

Before our meeting, we spoke with roughly 200 property owners via phone or email.

Um and 60 plus properties were reviewed, and we adjusted 61 of those, seven of those we recommended no change on.

And then we had 24 different property owners attend our meeting um on the 7th.

And with those, we did not have information um from them prior to the meeting to be able to make any recommendations other than no change on their value.

So we reached out to all of the property owners who attended the meeting that evening.

And from that, we did have um eight that scheduled the review of their property, and we did recommend evaluation change on those to the county board of equalization because we found an error in their property information that we did have in our data.

Um we had five different property owners that did not return our call, so we have not had a chance to visit with them any further than the meeting that evening.

Eight different property owners visited with our appraisers, um, talked to them about their concerns, visited about things, and chose not to have an appointment and were comfortable with the information they received from the appraisal team after that.

We did have one property owner who scheduled an appointment, um, but we did not find any errors in our property data and were able to show them sales to support their valuation.

Um so we we made no recommendation to change on that.

And then two um I'm sorry, it was two people that scheduled the review, um, but no values were changed on, and one property owner we called back, and they didn't like the information we had to share, and I'm unsure if they're going to appeal at the county level or not.

Um in speaking with the county, I have not heard that they've reached out to them at this point.

But we did have the appellants with all the land parcels, they contacted us before the meeting, but scheduled scheduled a meeting with us afterwards.

We have made a recommendation on seven of those lots, and they've agreed to those changes.

Um I believe the rest of the parcels on their list, they are taking to the county board, which is next Monday um the first of June.

But I'm I'm not for sure because speaking with the county, they haven't received any other information from them in a in a couple of days.

I know they've been in contact, but they were going to provide them with some more information.

And as of this afternoon, I don't think the county's received any additional information from them.

So I'll have to wait and see on Monday um what they might show up with.

So with that, we had roughly 171 parcels that appealed, and that's like six-tenths of a percent out of our total parcel count, which was 26,875 taxable parcels for 2026.

So did you have any questions for me on any of those appeals specifically or any questions?

Not really a question.

I just appreciate the extra time.

I know that um it's a lot of it's a heavy lift for you guys, and so going back after the meeting, and then I appreciate you coming to us and giving us an update.

So thank you.

Not a problem.

You're welcome.

Thank you.

So go ahead, Commissioner Carly.

I've seen it to where some people have posted and things to where their valuation increased so much that it chewed up their entire um sixteen hundred dollar credit.

How many of those are there approximately, if you know?

I I wouldn't know off the top of my head, and I I wouldn't know if it's gonna eat up their their credit either because the taxes with that that credit will be applied to don't come out until this December.

Okay.

So could we get that like in an email for all the commissioners at the table at a later date or I I would only be able to use the most current mill levy.

I don't know what this next year's mill levy is going to be.

Okay.

So I until all budgets are set and everything.

I can I can tell you how many people's valuation changed by a certain percentage, but I I can't say how many of those would be more than what their credit they'll receive, but the valuations changed because of the market or an improvement they made to the property.

Um it wouldn't be because they applied for the credit, and our office has no idea who applies for those at all.

That strictly goes through the county.

Okay.

And I think it's also you know, the mill levy is probably gonna go down because the average value of property went up.

It's more than three percent.

So I don't think it's it's not I get it, it could happen as you've described, Commissioner.

But it's there will be there will be properties that not just in Bismarck, right?

This is a state issue.

There will be properties that based on their valuations and those and those um sales that will between us, the county schools and parks when those valuations come out will absorb that $1,600 credit.

Write it down right now.

I told you so.

I'm not disputing that.

I'm I think the math is entirely.

Oh, and you're gonna have to at budget time.

I'm I won't be here at budget time, but you will have to look at a mill reduction to be able to offset what the what the max is with the 3% mathematically, it just doesn't, I don't see how it works by holding steady.

Yeah.

So the only qu request I would have is that we get the letters out to the property owners and you and I talked about that earlier so that they actually have it more than a week before our hearing.

So that if they really want to come and visit with us, they can do that along with making sure they know what to bring to that uh adjustment hearing, basically.

Yeah, and we did mail those on the 13th, and our meeting wasn't until the 7th of April.

Fortunately, we can't control the post office, but um we will look at our schedule for this next year.

We've scheduled our 2027 meeting for April 6th, and so we'll look at making sure we can get them out as early as possible again this next year, and we're working on an insert to put with those notices.

So hopefully we can encourage property owners to contact us before the meeting.

But that form is determined by the state, right?

The form is a state for the remote.

Right.

So I mean, there was there was some miscommunication on the form just because of what was supposed to be on there.

Did you take those concerns that we had at that board of adjustment or that that meeting back to the state about changing up that to give us give those homeowners more information?

Yeah, we we will be sharing that with the with the state.

I don't know if they'll be updating the form at all.

Um, but it doesn't hurt to share with them that information and it could help in the future.

So thank you.

Anything else?

Elison, thank you.

Thank you.

Item C Public Hearing and Ordinance 6662, the land development code and repeal and replacement of Title 14 zoning and subdivision ordinance in the Bismarck City Code of Ordinances of public hearing and ordinance 6663, a new zoning map corresponding to the districts of the land development code.

Daniel.

Good evening, mayor commissioners.

So as you called out, uh ordinance 6662 is a land development code.

Uh this is our zoning and subdivision ordinance that uh is in Title 14.

It'll uh is a complete uh rewrite of of that section.

So it's not a strikeout and underline, it's a new a new ordinance uh as well as a new zoning map, which is ordinance 6663.

Uh as your previous presenter mentioned, we did have a 45-minute presentation that we gave to the planning and zoning commission.

However, uh, this will be the executive summary for for this board.

Uh but we are certainly available for any questions that you you may have or from the public that may come up through this.

Uh Elizabeth Garvin from Clarion Associates is lead consultant who's been helping us with this, and she'll uh give the project summary uh and I'll be available as well to answer questions.

Okay.

Thanks, Danielle.

Commission members, I'm Elizabeth Garvin with Clarion Associates.

We've met a few times in the past.

Um I have a really brief presentation this evening.

Um we have um a new unified code, the new Bismarck Code.

Um our big instruction as we started this project was to implement the city's policies expressed in Together 2045.

Um so the city set policy guidance for us and the um project was to put in place regulations that um result in development that implements the plan.

So we had some um outcomes in the regulations that we think um are pretty important to point out at this point in time.

Um starting at the top, the new code um increases the range of housing types allowed in all the zoning districts, all the residential zoning districts.

Um within the new code, um we reviewed and expanded the types of uses allowed in most of the districts and also um created an updated use table to make the code easier to use for applicants.

Um we set regulations form-based districts for downtown that reinforce the character of downtown Bismarck.

Um not stopping development or redevelopment, but more so um putting some bumpers on that development to make sure that it fits within the character of the area where it's being developed.

So it works with the downtown, uh, but it doesn't have to be uh mimicking things that already are downtown.

We resolved 85% of problems with non-conforming parcels, which is a really like small in-the-weeds zoning thing.

But nonconformities are an issue for property owners that want to redevelop, and we wanted to use changes to the code to get some of that out of the way.

So now it's easier for those property owners to make changes as they go forward.

We eliminated the subdivision public hearing requirement unless a subdivision application is submitted with a rezoning application.

We worked to make the code more user-friendly, and not for people who use it every day for their jobs, but for people who are in it once or twice, maybe have an application, something to do with their property, and they want to be able to answer some of their own questions.

Of course, staff is always available and really good at answering questions, but the code can do some of that work also, so you'll see more tables and more charts and more plain language.

It's a legal document, but it doesn't need to be written in a way that sounds like it was done by a committee of attorneys, no offense to all the attorneys in the room, but it's okay.

We can do this this way.

So there are ways to take different applications through the code.

We focused on creating a code that's fair and predictable for applicants and the city, and that again comes back to expectations.

We spent a lot of time with our working group, which uh represented a broad range of citizens and developers and business owners in the community, and we had conversations about what sort of outcomes will this code lead to, and are these outcomes that are what the city wants to see and what Together 2045 calls for.

We looked at the current process, looking for improvements or for updates or even opportunities just to make small fixes along the way.

One of the one of the adjustments we made was a small change to the planning commission composition just to eliminate one of the county seats on that.

So it was pretty wide-ranging, um, holistic.

We wanted to look at both the words and the outcomes and the people involved and make sure we were lining everything up properly.

There is also in your packet a summary of the outreach process, and but we just want to hit on some of the highlights.

So I mentioned that our working group, um, working group, our steering committee had fairly broad membership of people who do development, who understand development, and were able to say, well, if we do this, then this.

And so we had nine formal meetings with that group across the project timeframe, and but also had uh steering committee members involved in some of our other stakeholder meetings and our focus group meetings, and we wanted to really spread their knowledge and talent across the project.

We posted the entire document in segments for full community review.

Anybody could go on the project website, review it, and comment on it.

Um so that was out there and has been out there in chunks for over the last year, ever since we finished drafting that first piece of it.

Um so that wasn't just open for steering committee members, um, but anybody could comment on that.

We did some community-wide open house meetings, so those were um open-ended, people could come in and talk about whatever was on their minds.

Um we did a series of stakeholder and focus group meetings, so those are more specific, um, talking about different topics and kind of getting feedback on that.

Um, enjoyed ourselves at the street fair twice during the project, in addition to some other uh broader meetings, and then um we updated you, um, we updated planning commission and we went to a joint commission meeting for one update.

We also kept a project website current throughout the project, so it had the calendar and the documents, and um it explained opportunities for folks to be involved in the project and submit their comments.

So the goal was to make room for people to be involved.

And we are building on the extensive involvement that you saw in Together 2045, because that's the document we're implementing.

So the two projects, the two the policy and the regulations go together.

On April 22nd, we went to planning commission for review.

And Daniel did a more extensive presentation, which is available if anybody wants to take a look at it.

We um came through Planning Commission with a unanimous recommendation to come to City Commission and for approval of the document, and we're here tonight for your questions for your review and your decision making.

Because usually at this point in time when uh when we're doing a code update at clearing, we hear what happens next.

So what happens next is after adoption um we work with staff to do one final cleanup on the document.

It may have some small typos in it.

It may be glitchy because it's a Microsoft Word document and try our best.

Word still does weird things.

So we'll make sure that we have a clean lockdown document that doesn't change, and we'll give that back to staff.

Um we will um let uh staff do the work they're already doing on implementation.

So that might be changes to forms, it might be changes to um timing on conversations with applicants.

Um we talked about the how do we do this through the project, but now they've reached a point where they need to put some of that in place.

Um and then the recommendation that we typically make is um let the code as is with maybe some minor cleanups run for about a year.

Um give it that time so people can test it, can see what's going on.

You may come up with one or two things in there that you think yes, city commission, wow, we have to you know make an amendment right now and fix this thing that went missing or something new that comes up, right?

All of a sudden we don't have enough in there, you know, about some hot topic um data centers or something along those lines of the changes and you want to address it, so do that.

Um but otherwise um we recommend set some expectations.

Maybe it's that you go a year, or maybe that you at least tell people you're gonna live with it for six months.

Um so everybody who has been waiting for it to be adopted will put their effort into figuring out what's in there and then can come to you with uh recommendations for thoughts and changes.

We want to say um we we would like at ClearIn um and with your staff to leave you with what you consider a living document.

Um open for changes.

Um it should be changed over time as situations change in Bismarck.

Um and so you know it may be down the road you want to put those um flower planters in as an expectation uh for downtown business owners.

That's fine.

That's something you can do.

Um so don't kind of let it sit and stagnate, but go ahead and dive in and make changes as you go.

It works better if you do it that way.

Um so you know, don't go another however many years we want this time.

Um go ahead and make the changes to it.

So that's kind of the overview.

Um I know you had plenty in your packet.

I don't know if you got big picture philosophical questions or you know, teeny tiny nitty-gritty detail questions, or if you've heard so much about the new land use code that you're ready at this point.

Questions?

Commissioner Rush.

Mr.

Mayor, Commissioners.

Um I really like the part you added about lighting because that's been an issue for things.

But my question is I like I have one of the constituents' neighbor put up this light pole shines into his bedroom.

And he's got to keep his shades pulled at night.

This goes into effect in October.

What practical impact would it have on an existing lighting?

Can anything be retroactive?

That's a that's a two-part question.

Um for lighting sections, that is one place where we see communities.

Um instead of saying, hey, what you have is fine until you make changes to it, we do say communities say you need to be in compliance with the lighting section in a year or in two years.

So we'll give you heads up.

Um, but we're gonna say you need to roll this out fast because you could be doing things purposefully or um inadvertently that are causing harm to your neighbors.

Um when is when it's in place, you can certainly send um code enforcement out to have a chat to see if it's adjustable in any way.

You could probably do that now, honestly, but you'll have a code section to enforce at that point in time.

So um I would say a little you know neighborliness, maybe followed up by, hey, let's kick this in in two years instead of whenever someone changes their fixture.

Yeah.

Other questions?

Commissioner Zinker.

Yeah, this was probably this is for Daniel, to be honest with you.

So a few meetings back, we had uh we had a well building that was a hot topic.

Did that uh exclusion get put in there?

Absolutely.

So couldn't find it.

Okay.

Oh, I'll I'll I'll find the page number in a minute here.

Um yeah, it's it's a use well cover is listed as a use, so it would be allowable in any district if it's covering a groundwater well.

So yeah, we after that meeting we made a change.

Okay, and just to expand a little bit on uh what was told to us.

Um I mean this was a huge lift, right?

Uh a few years in the making.

Probably if we had Mr.

Tomonic come up here, he'd give us a 20 minute dissertation as to how what was really supposed to happen 20 years ago.

But um, I just want to make sure that there's that you're gonna put in um methods and means to make sure that this is continued to be flexible and continue to be updated because as we can see, um things change just like uh Commissioner Rish talked about the the neighbors lights, LEDs have changed that type of thing.

Um you're gonna you're gonna have other issues, nosy cars or whatever type thing could come up.

So um I'd be curious to see what you're gonna do to make sure that those things stay modifiable and and flexible.

Sure, thank you, uh Commissioner Mayor.

So so and that is one of the main changes we've made.

That there is a lot more flexibility built into this code that allows certain adjustments to be made for for good reasons.

There has to be review criteria and if those can be met.

Some things can be just changed by by staff, um, and some things that are bigger and need to go to the board of adjustment for a variance.

So there's a lot of that is spelled out, but of course the whole ordinance can can change itself through to your your decision.

Um I will say one thing too about the transition process.

Uh starting some if it is approved, starting tomorrow.

Anyone who have the option of applying under the under this code will have to scramble to figure out how to do it because our forms don't all reflect this new code yet.

Um but anyone will have the option to do it right away.

Uh, but it won't take full effect until October 1st.

And so that's when we'll start enforcing it and when everyone will be following the same code.

You any other cut questions?

If not, I will open the public hearing.

Anyone who wish to speak on this, please come forward and sign in and tell us the topic.

A second call for public comment.

A third and final call for public comment.

I don't see anyone running forward, and I don't hear anybody, so public comment is closed.

Commissioners.

I'll move we approve is presented.

Second, is there any discussion?

I just want to say I know that Daniel, your team and Clarion met with stakeholders and certainly engaged the developing community, development community ad nauseum almost, and that was very important to get in all their feedback.

So I appreciate that.

If there's no other discussion, I will call roll.

Commissioner Connolly?

Yes.

Commissioner Cleary?

Yes.

Commissioner Rish?

Yes.

Commissioner Zenker?

Yes.

Mayor Schmitz.

Yes.

Thank you.

Good work.

Good work.

All right.

Uh we're doing other business.

Is there any other business tonight?

Commissioner Rush.

I just got want to comment that I attended the petroleum conference at the event center last week.

Amazing.

2800 people from 40 states, four Canadian provinces, and it was it was I learned a lot about um oil production.

But uh I talked to uh the head of the petroleum council, Ron Ness today, and they said they had a very good experience.

The Venn Center staff were excellent, and they had a a great conference, and they've already booked again for 2028.

So that's a big thing, 2800 people coming to Bismarck for a conference like that.

So I just want to give the event center staff a shout out for doing a good job, and we've got them lined up again.

For any other business.

Not we are adjourned.

Thank you.