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Record of Proceedings

Bismarck City Commission Meeting Summary — October 27, 2026

City Commission — Tuesday, October 27, 2026
BodyBismarck, North Dakota
SessionCity Commission
DateTuesday, October 27, 2026
StatusNEW · FILED
Video Record
0:00 / 1:09:30

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording.

Speaker 1

0:10

27, 2026.

Speaker 2

0:12

I'll call

Speaker 1

0:12

the

Speaker 2

0:13

meeting to order of the Bismarck City Commission, but first we'll start with a prayer by Pastor Mark Naram from Trinity Lutheran Church, right here in downtown Bismarck.

0:23

Personal hero of mine, I attend Trinity, and thank you so much, Pastor Naram, for agreeing to say the prayer, and would if you would lead us in the pledge as well.

Unassigned speaker

0:32

Thank you, Gladge.

Speaker 3

0:33

That's prayer.

Speaker 2

1:36

Thanks, Pastor Mark.

1:42

Okay, now we're going to call a roll, I guess.

1:45

Call a roll.

Speaker 4

1:59

Mayor Schmitz.

Speaker 3

2:00

Here.

Speaker 4

2:02

Commissioner Dahl?

2:03

Here.

2:03

Commissioner Connolly?

Speaker 2

2:04

Here.

Speaker 4

2:05

Commissioner Hall.

Unassigned speaker

2:06

Here.

Speaker 4

2:07

Chair Rish.

Speaker 2

2:08

Here.

2:09

Okay, we're gonna go into um the public comment period, but I first of all want to announce that one of the items.

2:18

I one is it?

2:19

I one has been pulled from the agenda, and that had to deal with an ordinance about encampment.

2:25

So we won't be discussing that.

2:27

Uh that'll go back to wherever it came from and see if they can come up with a better idea.

2:32

So that that'll be done.

2:34

So I'll now call for public comments.

2:36

If anybody wants to comment on anything on this agenda or last meeting's agenda, please approach the podium, sign in, state your name,

Unassigned speaker

2:44

and

Speaker 2

2:44

tell us what you want to say.

2:49

Second call for public comments.

2:53

Third and final call for public comments.

2:56

Hearing none, public comments are now closed.

2:59

Uh, what are the wishes of the commission on the consent agenda?

Speaker 5

3:02

Move to approve as presented.

Unassigned speaker

3:04

Second.

Speaker 2

3:07

Any discussion?

3:09

Call a roll.

Speaker 4

3:10

Commissioner Dahl?

3:11

Yes.

3:11

Commissioner Connolly?

Speaker 2

3:13

Yes.

Speaker 4

3:13

Commissioner Hull.

Speaker 2

3:14

Yes.

Speaker 4

3:15

Mayor Smith.

Speaker 2

3:17

Yes.

Speaker 4

3:18

Chair Rish.

Speaker 2

3:19

Yes.

3:19

Okay, the first item on our regular agenda is considered appeal of the September 3rd, 2026 decision of the Board of Adjustment to uphold a notice and order issued to NODAC Recreation LLC on July 13th, 2026.

3:34

Jenny.

Speaker 6

3:35

Thank you.

3:35

Vice Chairman Rish, Commissioners.

3:37

NODAC Recreation LLC is appealing the September 3rd decision of the Board of Adjustment to affirm a zoning ordinance interpretation made by the planning director, who is also our zoning administrator, and uphold the zone uh notice and order that was issued on July 13th.

3:52

This request is located in East Bismarck, east of North Bismarck Expressway in the southeast quadrant of the intersection of East Main Avenue and 52nd Street Northeast.

4:02

Property address is 5215 East Main Avenue.

4:05

I do want to note that this appeal was submitted prior to the effective date of the land development code and is being processed under our previous zoning ordinance.

4:14

Therefore, the property is zoned CG commercial.

4:18

A zoning ordinance interpretation was made by the planning director, again, who is our zoning administrator in June.

4:24

The interpretation states storage of vehicles, campers, and trailers are occurring on this property, and the owner claims that there are no say that no sales are being made from this lot, and that the lot is used purely for storage of inventory that is sold at a different premises.

Unassigned speaker

5:00

Examples would be storage, manufacturing, building materials, sales yard, including sand and gravel sales.

Discussion Breakdown — Share of Meeting
Zoning And Land Use██████████████████████████████████34%
Public Engagement███████████11%
Transportation Safety███████7%
Property Tax Assessment██████6%
Procedural█████5%
Organizational Structure█████5%
Intergovernmental Relations█████5%
Engineering And Infrastructure█████5%
Water And Wastewater Management████4%
Summary of Proceedings

Bismarck City Commission Meeting Summary — October 27, 2026

The Bismarck City Commission met on October 27, 2026, with Mayor, Chair Rish, and Commissioners Dahl, Connolly, and Hall present. The meeting opened with prayer and the Pledge of Allegiance. The commission approved the consent agenda, heard a zoning appeal from NODAC Recreation LLC, awarded a water treatment plant roof contract, approved two street improvement districts, and received updates on road funding, boards and commissions, the Citizens Academy, and 2027 legislative priorities. An ordinance concerning encampments was pulled from the agenda by the mayor pending further work.

Consent Calendar

  • Approved as presented unanimously.

Public Comments & Testimony

  • No public comments were offered during three calls.

Discussion Items

NODAC Recreation LLC Zoning Appeal

  • Staff reported that NODAC Recreation LLC appealed the September 3, 2026 Board of Adjustment decision affirming a planning director/zoning administrator interpretation and upholding a July 13, 2026 notice and order for 5215 East Main Avenue. The Board of Adjustment had voted unanimously to affirm the interpretation and uphold the order. The interpretation concluded the property was being used for storage of vehicles, campers, and trailers in the CG commercial district, where industrial storage is not allowed, and that no sales were occurring there. The notice required compliance by October 11, 2026, through either removing stored items or moving sales to the property and completing required site development, including site plan approval, paving, stormwater management, and landscaping/buffer yard. Code enforcement verified removal on September 28 and the notice was closed on October 2.
  • Staff recommended affirming the interpretation and upholding the notice and order. Under the new land development code, the property would be commercial mixed use, which allows vehicle sales by special use permit but does not allow storage.
  • The applicant said he was told by a city contact over the phone before purchase that a secondary RV dealership lot was allowable, but the city later said the interpretation may have been wrong. He changed his North Dakota DOT registration on October 16 to make 5215 East Main Avenue his primary dealership, so sales would take place there. He submitted site plans on September 28, planned to begin construction in spring 2027, and hoped to operate by late summer 2027. He argued the city's position left no workable way to run the business during construction and stated other dealers had operated during construction.
  • Staff responded that the submitted site plan was deemed complete on September 30, review comments were returned on October 15, and no revised plans had been received. Staff also said the city had not previously approved a temporary building without an approved site plan. A prior owner's similar rezoning request for industrial storage had been denied by the Planning and Zoning Commission in February 2025.
  • Commissioners Connolly and Hall expressed concern about forcing the business to remain closed during compliance and raised potential deferral or conditional operating options. Commissioner Dahl and staff stated the appeal action was limited to affirming or overturning the notice and order. Commissioner Connolly said he would vote no, believing government should not handcuff people.
  • A motion to uphold the notice and order carried 3-2, with Commissioners Hall, Smith, and Dahl voting yes and Commissioners Connolly and Rish voting no.

Water Treatment Plant Sludge Plant Re-Roof Project

  • Staff reported the sludge plant roof is over 20 years old and deteriorating. The engineer's estimate was $483,000 and the CIP budget was $550,000. Recommended bids exceeded estimates; the commission approved awarding the contract to Tecta America for the base bid plus alternatives 1, 2, and 4, totaling $709,979, funded from cash reserves. Approved unanimously.

Half-Cent Sales Tax for Roadways Update

  • Staff stated voters extended the half-cent sales tax. Based on July direction, staff identified projects for 2027 construction and met with adjacent owners. The proposed cost share is 80% city and 20% special assessments for local and collector road improvements, with traffic signals and roundabouts fully city-funded and water and sewer improvements fully assessed. Petitions were returned by more than 50% of benefiting area for Lee Avenue from 22nd to 26th Street and Calgary Avenue from Lickdy Place to Centennial Road. A website will be created for transparency.
  • Commissioner Connolly expressed concern that the special assessment structure differed from how the 2018 vote was presented and said he might vote no on such corridors. Commissioner Hall praised the website idea and transparency.
  • No formal action was required.

Street Improvement District 607 — Calgary Avenue

  • A resolution declaring petitions received, creating the district, and ordering an engineer's report for SI 607 was approved 4-1. The district is adjacent to Calgary Avenue, with Centennial Road turn lanes fully city-funded, possible pedestrian improvements connecting toward Legacy High School, and a likely traffic signal at Calgary Avenue and Centennial Road. Commissioner Connolly voted no based on his earlier concerns.

Street Improvement District 608 — Lee Avenue

  • A resolution declaring petitions received, creating the district, and ordering an engineer's report for SI 608 was approved unanimously. The project is a Lee Avenue improvement from 22nd to 26th Street, near South Walmart, was previously protested out twice, and received sufficient petitions under the proposed 80/20 cost-share package.

Boards, Commissions, and Committees

  • Staff announced the November application period and vacancies: Human Relations Committee 2; Forestry Advisory Board 2; Renaissance Zone Authority 2; Planning and Zoning Commission 1 city representative; Board of Adjustment 2; Historic Preservation Commission 2; Community Advisory Committee 2; Parking Authority 1; Bismarck Event Center Authority 1. Outreach will include social media and Citizens Academy graduates.

2027 Citizens Academy

  • Staff announced the fifth Citizens Academy season, a 12-week program running January 7 through March, with applications in November and selections in December. Commissioners Rish and Hall are graduates. No action was taken.

2027 Legislative Priorities

  • The city administrator reviewed a draft leave-behind document on Bismarck's 2027 legislative priorities, to be refreshed before the November 24 Bismarck-Mandan Chamber EDC Government Affairs Committee meet-and-greet with legislators.
  • The mayor recommended narrowing property tax exemptions, estimating that perhaps one-third of Bismarck property is off the tax rolls, and allowing fees for state-mandated services to cover city costs, citing slot machine registration as an example.
  • Commissioner Dahl asked for state-level support on homelessness and affordable housing.
  • No formal vote was taken.

Burleigh County 2026 Property Tax Reimbursement

  • Staff reported Burleigh County failed to collect about $900,000 in 2026 property taxes for all taxing entities; Bismarck's portion was $269,942.59. The county agreed to reimburse from reserves. The commission approved allocating the funds as a tax remittance: $231,470.32 to the General Fund, $21,787 to the Public Library, $10,893.60 to Public Transportation/Bis-Man Transit, and $5,791.02 to Specials Deficiency.
  • The mayor said the city would not increase the 2027 levy to recapture the uncollected amount and would not support trying to recapture roughly half a percent in future years.
  • Motion approved unanimously.

Key Outcomes

  • Encampment ordinance pulled from the agenda.
  • Consent agenda approved unanimously.
  • NODAC Recreation zoning appeal affirmed and notice and order upheld 3-2.
  • Contract awarded to Tecta America for $709,979 unanimously.
  • SI 607 approved 4-1, with Commissioner Connolly dissenting.
  • SI 608 approved unanimously.
  • Burleigh County reimbursement allocation approved unanimously.
  • No formal action taken on the sales tax roadways update, boards and commissions information, Citizens Academy, or legislative priorities.

Other Business

  • A public meeting on the sports complex and indoor recreation facility feasibility study was announced for the following day at Public Works, 601 South 26th Street, with an informal session from 11 a.m. to 2 p.m. and a presentation from 6 to 7:30 p.m.
  • The fire chief explained that Fire Station 6 is proposed at Calypso and Burleigh because the decision was data-driven, the site is city-owned, fills a southwest coverage gap, and provides strong response times. He also said firefighters generally do not use sirens immediately after leaving the station in order to be good neighbors.
  • A commissioner praised the Tyler Parkway expansion, reporting the project came in at $9.9 million versus the $15.2 million engineer's estimate, and noted vandalism to construction equipment caused tens of thousands of dollars in damage.

Meeting Transcript

27, 2026. I'll call the meeting to order of the Bismarck City Commission, but first we'll start with a prayer by Pastor Mark Naram from Trinity Lutheran Church, right here in downtown Bismarck. Personal hero of mine, I attend Trinity, and thank you so much, Pastor Naram, for agreeing to say the prayer, and would if you would lead us in the pledge as well. Thank you, Gladge. That's prayer. Thanks, Pastor Mark. Okay, now we're going to call a roll, I guess. Call a roll. Mayor Schmitz. Here. Commissioner Dahl? Here. Commissioner Connolly? Here. Commissioner Hall. Here. Chair Rish. Here. Okay, we're gonna go into um the public comment period, but I first of all want to announce that one of the items. I one is it? I one has been pulled from the agenda, and that had to deal with an ordinance about encampment. So we won't be discussing that. Uh that'll go back to wherever it came from and see if they can come up with a better idea. So that that'll be done. So I'll now call for public comments. If anybody wants to comment on anything on this agenda or last meeting's agenda, please approach the podium, sign in, state your name, and tell us what you want to say. Second call for public comments. Third and final call for public comments. Hearing none, public comments are now closed. Uh, what are the wishes of the commission on the consent agenda? Move to approve as presented. Second. Any discussion? Call a roll. Commissioner Dahl? Yes. Commissioner Connolly? Yes. Commissioner Hull. Yes. Mayor Smith. Yes. Chair Rish. Yes. Okay, the first item on our regular agenda is considered appeal of the September 3rd, 2026 decision of the Board of Adjustment to uphold a notice and order issued to NODAC Recreation LLC on July 13th, 2026. Jenny.

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