00:00:09,900 Everyone, uh, today is Wednesday, October 22nd, 2025, and it is 5:00 p.m. I’d like to welcome you all to this meeting of the Bismarck Planning and Zoning Commission, and I will call the meeting to order and ask Sandra to call Roll. Thank you. Comm Brian Bitner. Nope. 00:00:43,000 Robert Field Here Cole Johnson here Amber Larson here Gabechell here, Mike Schmitz, here. Sheldon Civvic. Here. Trent Wangan Paul Zent Mike Schwartz Thank you. Thank you Uh, we’ll move on to our first item in our agenda this evening, which is approval of the minutes from the September 24th, 2025 meeting. 00:01:11,530 com Commission, yeah, I do have a, a correction to the minutes on page, I guess 4 of 7 of the minutes, page 6 of the PDF, uh, noted that I said that the city owns property across 43rd Avenue Northeast and intends to have a fire station there in the future. 00:01:26,900 Um, I just want to clarify, I said across the street, but we didn’t specify which street we were talking about and it’s not 43rd Avenue, it’s Silver Eagle, um, Drive is the street that I was referring to. So if we just swap out 43rd Avenue Northeast for Silver Eel Drive. 00:01:42,270 That would be my correction and that would move to approve OK OK. So, that would be a motion to approve with that correction. from Comm Schell Second Comm for Mayor Schmitz uh, Sandra, will you please call the roll? Comm Johnson, uh, uh, Larson Yes. Schell? Yes. Field? Yes. Schmittz? Yes. Cik? Yes. But, uh, Cole Johnson. Yes. Thank you. 00:02:18,530 Uh, motion is approved. Next we have our public public comment period. Uh, this is a relatively new part of our agenda, but it is intended for public comment or any agenda item from the previous uh previous commission meeting or any agenda item on this Commission meeting that it does not have its own public 00:02:39,470 hearings. So there are 4 agenda items later on this, uh, evening, all of which have public hearing. uh, hearings for those, so those would not be, uh, this would not be the time for public hearing for those items. It would be for any other item on this agenda or the previous month’s agenda. 00:02:57,070 Uh, with that, I will open up the, the public comment period. Anyone wishing to address the commission this evening as welcome to uh step up to the podium. Thank you That Hi Karen Bonnett. Bonnet. 00:03:35,500 Um, first, as long as you mentioned, uh, Silver Neagle Drive, about a quarter mile north of 43rd Street on Silver Engel Drive midway between Silveragle and 66th. they’ve started to cut into a hill there and there’s a spring there that’s a, a major source of water up and down that little area. and I don’t know if anybody in the city is aware of that. so you need to really treat that spot really cautiously. 00:03:58,430 and uh then I wanted to um, think the commission for the previous meetings that you’ve had regarding the extraterritorial extraterritorial area and, uh, to any commissioners that, that, uh, aren’t here and might be watching. 00:04:18,870 um, a great big thank you to them because we were not made aware. We’re in, I’m in the outside of, of in the county and uh we were not aware of anything going on because it wasn’t publicized. Everything was like backhanded. It felt like when it hit us that uh we could possibly be annexed into the city. 00:04:38,070 and uh I wanna thank you guys for having come to that conclusion that it we won’t be annexed that those uh rural areas will be left alone that were on the maps that we saw before, um, we chose to be in the county so that we wouldn’t be in town. 00:04:55,600 I don’t deal with lights at night and um uh the county was the ones that hooked us up with water, rural water, rural E electric, um, septic system, all those kinds of things were not made to fit into a city, um kind of situation and so I think those things need to be people need to be aware of those kinds of differences between 00:05:16,000 city and county and uh you know pick out a square that you’re going to build to and buy up that, but, but don’t be trying to take somebody else’s dream, should we say our home away from us because of that trying to annex us um that that was a fearful spot to be in and it kind of 00:05:35,170 felt like uh the natives must have felt like when this country first was started in, in, uh, our government just came in and took land away from natives. That’s what it felt like to be on that end of it. 00:05:49,530 So I appreciate the fact that you’ve come to the conclusion that that extraterritorial area that county area will remain as such. or at least the county areas will remain independent. Thank you. Thank you. Anyone else wishing to address the Commission tonight in the public comment period. ETA addressed at this point here or not? Uh so the nursemis. The ETA map that was already addressed. 00:06:22,600 Well there is a different topic later in the agenda on just the growth phasing, but it has nothing to do with ETA. In fact, that area is just, you know, what might come at some point in time, um, and so the ETA that’s already been negotiated. 00:06:42,900 Um, there might be some minor adjustments still being looked at in one particular case, but, um, that’s where that’s at and there was never a plan for annexation, even in the discussion over the ETA that was never that was never in the play. Um, that would only come at the request of the landowners actually. Thank you, Mayor Smitz Uh public comment, uh, Thank you. 00:07:10,100 Can we please get your name and then, uh, they’ll put your name on the, the sign in. My name is Wayne Martinson. I live northeast of Bismarck, and I got some land, uh. off of 26th Street and uh I’m on the tail end of this ETA deal, and I like that land removed uh, that ETA removed on that property. 00:07:32,600 I got about 110 acres there uh as along the railroad tracks north and 26th Street. Uh, I was at the meeting Monday night, and they, your, uh, Chair you had for, uh the city working on this here, he told me, he invited me to this meeting tonight. 00:07:48,530 To express my views on it. So, if you consider that, I’d appreciate it. I don’t know how far off they plan on going with that ETA, but this is be more like over 4 miles out. wherever the city limits starts. Mayor Smitz because I just had a conversation with Planning on this. I can try to address that. 00:08:08,370 So we are aware of his request and Daniel’s actually investigating how or what that might look like. So OK. That might be one of those adjustments yet, sir. OK. I’ll get this filled out and I’ll sit down. So, you know, we’re not ignoring it. OK, good. Uh thank you measurements. 00:08:24,800 Thank you for the comment, Wayne. Yep, you’re welcome. I think based on that the question I have is appropriate. I’m sorry, I it’s not. Uh, my name’s Tamara Hunters there. 00:08:57,870 and, um, I am one of the landowners with undeveloped property in the urban res reserve area, which I know that the county approved and I supported that. In fact, I uh, owned property both ends, and so I do appreciate the efforts that the county and city made to improve the ETA, but I am what I think has been termed the left behind, um, so the question I have, of course, and you mentioned, maybe if I 00:09:18,230 misunderstood this, I’m sorry, something about, um, maybe there’s going to be something with the Metropolitan, uh, Planning length. I, I just since you are the planning and zoning committee, I want you to know that I’m concerned, and I remained have been concerned, remain concerned about the 50-year metropolitan plan because that ties my property 00:09:41,370 up for half a century, um and I’ve had experience which I shared previously, I don’t need to share it again. Um, I know from, you know, Comm Schwab’s testimony, I’m not the only person because I wasn’t the person that called him. 00:10:00,370 So, um, I think, you know, uh, and just looking at the ETA stuff as far as how it interacts with the metropolitan Planning Organization. It’s my understanding that the federal guideline is 20 years for planning. 00:10:18,500 Is that wrong? Do I have that wrong? Can anybody tell me if I’m wrong on that? Oh Daniel, do you have an answer on that one? So yeah, I can attend to. So there really are no federal guidelines for our plans. It’s, it’s at a local decision of how much of a time horizon to use, 25 or 50 years are very, are very common. There’s no requirement in state or federal law, though. 00:10:35,630 I understand there’s no requirement that you can’t go beyond it, but that’s the guideline that you at least plan for 20 years. So I think my concern is why are we in the city of Bismarck, planning for 50, that’s twice the federal guideline, and you’re controlling property that I can’t. you know, I don’t have fair representation on for half a century, so that’s why I’m here. 00:10:58,700 I’m concerned about that. I remain concerned about that. I don’t have a problem with the ETA. I understand the ETA, um. it’s just how far out you are going with it, and you know, I guess if, if you could show me, you know, maybe put on the city website, Email me, I’m in your system. 00:11:19,000 You know, where other cities in the nation are planning out 50 years like Bismarck, you know. oranges to oranges, apples to apples, then I’m willing to accept that, but at this point, I remain concerned. 00:11:44,100 Uh, my great grandfather actually came here, um, as a migrant and came with enough money to buy up a lot of Eastern property in the city of Bismarck and so I actually am part of the family members left on one parcel of land that remains in our family and we as it appears others have been, you know, had roadblocks put in terms of developing that and being told you can’t do anything with it because of the 00:12:06,470 current metropolitan plan Only one house on 40 acres, so um, you could see maybe as a taxpayer why I might be concerned and I don’t know if this is the right place, but I at least wanted to voice that I will like more information on how that is the norm across the nation. 00:12:27,170 Thank you I have a question for you So what do you want to do with your property that you’re being told you can’t do? Well, a family member went in and met with, um, years back already, uh, with uh local department staff and, um they asked all kinds of 00:12:50,430 different options and of course water not being out there is one issue, um, but what I think really became the like where it felt really like a roadblock. I mean, we understand we’re not going to pay for a lip station and get water out. 00:13:06,900 We’re not going to get the water out, but yeah, we’re right across from where the county line came, so we were told, no, you can’t access the county water line. Um, and maybe that’s true. I mean, it must be, um, but it seemed as a taxpayer kind of like wow. they’re like Kitty corner from us. 00:13:22,730 That’s a bit of a stretch, but I mean, maybe that’s OK and that’s the way it has to be. I don’t know. As a taxpayer, that certainly concerned me. Um, and then, so we backed off on any water use at that point and looked at putting up maybe some storage units. 00:13:42,100 and again, um, Ester, as Comm Schwab talk spoke about, he has heard it wasn’t from me that, uh, basically the fire department wouldn’t be able to respond to those, so. it wouldn’t fly when it came to the city’s fire. person, whoever’s in charge. and so that is where we started to question why are we as taxpayers paying taxes on this property. Obviously, we don’t own it. 00:14:03,900 You know, the zoning committee or whoever is in charge is making these decisions is the one that’s telling us basically there’s very little we can do with our property based on a half century plan. 00:14:21,370 And so, um, you know, we backed off, we look, we looked as a family at splitting the property, and we did do a split to some of the properties. So now I own less than 20 acres, 19.25, I believe. And so there’s nothing, and we knew when we split it, there’s nothing according to current zoning that we can do with that. Um, but for those of us who, you know, wanted to have it more individualized, that worked. 00:14:42,330 I think you know, that’s the thing, just, uh, if you can’t even put a storage building on it, you know, to rent out what can you possibly do? And I don’t understand there’s rural fire so maybe I’m just ignorant in that, um, so I, I, I just, my appeal is simple. 00:15:02,600 I just want to make sure that this 50 year planning isn’t an overreach according to national standards, and I want to make sure that, you know, eventually that the city or somebody works for the fair right to be represented and to vote because I can’t, I mean. 34 years ago when we, when we bridged this, we had no outlet. 00:15:22,900 There’s nothing we could do about it. though we haven’t done anything about it until I heard other stories and a realtor told. It’s not just what Comm Schwab said, a realtor directly told me that they use the fire marshall in this city to shut down any kind of development when they don’t want you to develop your property. 00:15:43,170 something along those lines, not those exact words, but that the fire department’s used. So but isn’t that rural fire out there? I would, I would believe so. It’s right, it’s right. Uh, we have central power right on the property next to us. We’re a Kitty Corner across from the county building. 00:16:01,870 Yeah, I don’t under I don’t get it. I really don’t get it. I wasn’t at that meeting. It was another family member, but there were two of them together, so, and they couldn’t be here tonight, so that’s what we’ve sat on for several years now. 00:16:21,000 So are you rural residential or Eg? I, I think it’s different for what’s in the MPO plan versus what’s current. So Gabe can probably answer this better than I can, but the NPO is more about transportation, and it’s not land development. 00:16:39,800 Well, it’s, I’m talking about like the 50 year like they had it all mapped out as far as you know what would be in what section of our property as far as that that would be probably the. growth phasing plan, but go ahead, Gabe, the MTO is a whole different. Yeah. 00:16:58,500 I, I, I’ll just jump into the, the federal government has requirements for the, the Metropolitan Planning Organization for the various transportation related, um, planning products that they produce. A lot of those will have a 20 year time horizon, 20 to 30 year time horizon, um, so if they’re making that investment in a in a new roadway, that there’s some assurance that that facility will operate as intended for the next 2 years before you 00:17:12,430 might have to make a new investment in that roadway, uh, because the, the sur fa ce itself would need some sort of, you know, rehab, where, where I wanna stress is that when we make investments in other, you know, planning studies that eventually end up being uh an investment in a 00:17:26,270 piece of infrastructure. We definitely look further out than 20 years on the service life for a new pipe. uh, a new, uh, sewer main or water main is in the upwards of 100 years old, so the water means that we’re replacing this summer and previous summers were over 100 years old. 00:17:40,800 So when we’re thinking of infrastructure planning, we’re looking further out than a twenty-year time horizon because we don’t want to install a, a twelve-inch pipe only to realize that we needed to have a 15-inch pipe or an 18-inch pipe, so we’re trying to figure out exactly what are the uses that might be in a particular area that might 00:17:55,600 contribute flow or need, need, uh, municipal facilities and then try to come up with a plan that can, can serve those. So, I will just say that, that, that is common across many other organizations, um, when it comes into water and, and sewer master planning looking further 00:18:08,370 out than 20 years and, uh, so that would be consistent what you would find in, in Fargo, Grand Forks, my nuts, and, and other communities in our state and elsewhere. I just wanted to, I guess just note that. 00:18:28,630 I believe it’s agricultural currently because we are farm have someone farming it, um, but that is not the growth phasing plan. There’s a park and different things planned. um, in the detailed plan, if that’s what it’s called. I don’t know. um so yeah so that’s the situation, that’s why I’m here and I must not be the only person. since Comm Schwab also brought up the same issues. 00:18:54,730 and as I said, I never called him All right, thank you Thank you for your comments Anyone else for the, uh, general open public comment period. OK. Final call for public comment. Uh, and I’ll now close the public comment period for tonight’s meeting. And we will move on to the consent agenda. We have two items on our consent agenda tonight. 00:19:23,630 Uh, Pebble Creek Edition, Block 9, Lot 33. This is a zoning map amendment and staff recommends calling for a public hearing. Uh, item B is Ru accessory structure size. This is a zoning ordinance tax Amendment and staff recommends also a call for a public hearing. 00:19:47,600 What are the wishes of the commission? Move to call for a public hearings as presented. Um, move to call for a public hearing as presented from Mayor Schmitz. OK. 2nd through, I will go to, uh, Comm Seva Uh, any discussion, Commissioners? See none, Sandra, would you please call the rule? Comm Civac. Yes. Field. Yes. Johnson. Yes. 00:20:16,430 Excuse me, Larsson Schell? Yes, Schmitz. Yes, thank you motion is approved. We’ll move on to our regular agenda. Uh, the first item on our agenda is 4A, that is Miriam Industrial Park, 5th edition, and it is a minor subdivision final platt and Isaac has the report for us Yes, thank you, uh, Vice Chair Johnson and Commissioners. 00:20:43,730 This first regular agenda item for us tonight comes to us from Thomas Bettenhausen and MVVC Properties LLP who request approval of a minor subdivision final plat titled Miriam Industrial Park, 5th edition. 00:21:06,170 Uh, this product is located in northeast Bismarck, north of East Divide Avenue, south of Miriam Avenue and on the east side of Commerce Drive, as you can see on the screens before you now. Uh, this product area consists of about 1.42 acres, and it is a replant of auditors lots 1 and 2 of La A of Lot 4, block 1, Miriam Industrial Park, first edition. 00:21:23,530 If we go to the next slide here, you’ll see the, the area of the replat compared to the original plant there. Uh, this minor latt, uh, project is intended to adjust the lot line between the two existing parcels there right now and include some other easements for accessing utilities to ensure that the commonly shared access point and parking area are a little 00:21:45,230 more evenly distributed between the two properties. So in, in effect, the area will remain two lots in one block, just kind of shifting some lines around. Uh, the property is located entirely within an MA industrial zoning district, uh, which is not being requested to change. 00:22:05,370 The adjacent uses include some offices and industrial services kind of to the south and west primarily and then to the east and north, there are some RV sales and outdoor storage related to the RV sales there. The Platt area is identified as industrial in the future land use plan, which are generally described as centers of research, production and distribution. 00:22:22,970 The public was notified of this request via publications in the Bismarck Tribune on October 10th and 17th and 16 postcards were mailed to owners of nearby properties on October 10, 2025 as well. 00:22:43,870 Additionally, a physical sign was placed uh at the project area, providing some information on the public hearing, and this was placed in a publicly accessible spot at the project location on October 7th, 2025. To the best of my knowledge, staff has not received any formal inquiries or public comments regarding this request, and as a cumulative result of all the findings contained in the staff reports before you, City of Bismarck staff find 00:23:02,000 that the proposed minor subdivision final plat would not adversely impact public health, safety, and general welfare, and that it is generally consistent with the comprehensive plan Bismarck Code of Ordinances and relevant state law. 00:23:22,470 Therefore, staff recommends approval of the minor subdivision final plant titled Miriam Industrial Park Fifth Edition Does the Commission have any questions for me at this time? Any questions for Isaac, tonight, Commissioners. See you none. Thank you, Isaac. All right, thank you. Uh, this is a public hearing, so I’ll open up the public hearing for this agenda item is either the representative or the requester here. Thank you, Chair Lannon Naimmilller with Schwarzenegging Engineering, uh, representing the applicant here. 00:23:47,370 Yeah, this is just one of those pieces in town that has been broken up multiple times, so it’s an auditor’s lot of an auditor’s lot, getting a little messy. 00:24:00,800 Um, the owners wanted to put that lot line kind of down the middle of the driveway, make it a little bit more equitable share between the two parcels. So we’re here with the minor lat tonight uh to request that. I can answer any questions if you have them though. Comm, any questions for Landon? Kuser Schell. Lanning, can you speak to the, the 20 ft sanitary sewer easement that’s also, um, encumbering alongside with that Ax access easement and how that’s used. 00:24:17,270 I think Comm Schell, yes, so there is um an existing sewer line in the property right now, you know, there’s 2 buildings and there’s concrete right now. 00:24:29,800 Um, we did get a copy of the, the site plan from city staff, and it appears that the the sewer service comes in right around the middle area where we’re putting that new lot line and then breaks off into two different sections. So we have the easement on top of that to, to handle any, any areas if somebody needs to come in, do the repairs and things like that, they have, they have the ability to do so. OK. Thank you, Landon. Thank you. 00:24:43,470 Uh, any other questions, commissioners? OK. Thank you, Landon. Thank you Uh, the podium is open for anyone else that would like to address this, uh, agenda item. Not seeing or hearing any, I’m going to close the public hearing for this agenda item, uh, Isaac, any additional comments? No additional comments. Thank you OK. 00:25:12,270 The, uh, staff recommendation is to approve what are the wishes of the Commission. We move to approve the minor plaque Uh, motion to approve from Comm Larson. Second, 2nd from Mayor Schmitz. Any discussion, commissioners Dean Nuns, Andrew, would you please call the roll? Comm Sevec? Yes. Schell, Schmitz, Field, yes, Larrison? Yes. Vice Chair Johnson. Yes, the motion is approved. 00:25:48,530 Moving on to item 4B on a regular agenda. It is uh, parts of Riverview Edition and McKenzie edition planned unit development Amendment, and Lauren has the report for us. 00:26:11,530 Uh, good evening, Vice Chair Johnson and Commissioners, uh, Saint Mary’s Sisters are requesting approval of a planned unit development amendment on lots 5 and 6, block 1, Riverview Edition and Lot 7 in the East 75 ft of lots 8 through 12 block 28 McKenzie’s edition. 00:26:34,530 Um, as you can see on the, uh, screen before you, the project area is 29,175 square feet and is located in West central Bismarck, West of North Washington Street between West Avenue A and West Rosser Avenue along the east side of Raymond Street. Uh, the project area is surrounded by a mix of residential and religious institutional uses, uh, the property has been identified as urban Nehood in the future land use plan, which are areas identified for a quiet enjoyment of home life. 00:26:53,100 The proposed PUD amendment would increase the maximum allowable height from 40 ft to 55. feet for the principal structure, changes to the previous concept design, uh, including a more efficient layout of the interior and a larger chapel space have prompted the proposed change and the proposed change in height mainly for that chapel space, uh, would allow the 00:27:17,430 Stint Mary’s Sisters to maximize the benefit and utilization of the building for their needs. Uh, there are some elevation in concept designs included in the Agenda packet as well as on the screen before you. um, which provide an idea for how these changes may look compared to the surrounding area. 00:27:34,870 The public was notified of this request via publications in the Bismarck Tribune on October 10th and 17th, and 49 postcards were mailed to the owners of nearby properties on October 10th. 00:27:55,170 Uh, in addition to that, a physical sign, uh, providing information on the public hearing was placed in a public, publicly accessible spot at the project location on October 7th. Staff have received several comments regarding this request. Staff did receive one phone call asking for clarification on the request, but it was neither for or against the project. 00:28:14,870 Uh, 5 additional written comments were received, uh, which were forwarded to the Commission prior to this meeting, all of which expressed support for the proposed request. The request was evaluated according to standards contained within the Comprehensive plan, Code of Ordinances and relevant state law. As a result of those findings contained within the staff Report, City Bismarck staff find that the plant unit development. 00:28:36,230 amendment would not adversely impact the public health, safety, and general welfare. Therefore, staff recommends approval of the Planned unit development Amendment on lots 5 and 6, block 1, Riverview Edition and Lot 7 in the E 75 ft of lots 8 through 12 block 28, McKenzie’s edition. Do you have any questions? Commissioner’s questions for Lauren. 00:29:00,800 Comm Schell Lauren, just questioned maybe just on confirming how we measured that 55 ft. Can you just explain? from what elements are included, whether it’s the, you know, maybe just I’ll stop with my question there. Uh, great question, Comm Schell Chair Commissioners. 00:29:22,070 So um the measurement of that 55 ft, uh, if you can scroll back to uh one of those elevation drawings, if you could, Daniel. Uh, as you can see, there’s a bit of a topographical distance here, between the southern and northern portions of this area. Um, so I typically when we’re measuring, it’s the average of that. of that bottom area and then it’s measured to the mean of the peak. 00:29:47,630 Um, so it’s, it’s not that full, uh, 55 on the bottom, it’s a component of both there. you Thanks Uh, any additional questions? See none, thank you. Thank you. Uh, I will open up the public hearing for this agenda item is either the requester or representative here to address this item. Hello. Hello. Good evening. 00:30:16,530 Could you please put your name on the log and, uh, is, is there’s no still there. The pen Seems like someone walked off with our, our log. It’s all good. OK. Ne log, that’s great, even better. OK, thank you. 00:30:42,430 So my name is Mother Mary Joseph, um thank you for your patience with this uh, basically reshaping of the house, mainly it tied down to the fire code and different things like that. And then precast walls. and all that combined together and then it didn’t, I didn’t want it to look like a prison. So here at some, some beauty to it. 00:31:01,500 But also there’s a beautiful chapel inside, and that will bring great uh it’ll benefit the, the neighborhood. So anyway, that’s all. I don’t have you any questions for me before, Comm, any questions? OK. Thank you. OK. OK, bye The podium is open for anyone else that would like to address this agenda item. 00:31:29,600 OK? Not seeing any, I will close the public hearing, Lauren, any additional comments from staff. No additional comments at this time. Thank you. The recommendation from staff is to approve what are the wishes of the commission. Make a motion approved. Motion to approve from Comm Seak. 00:32:00,070 Second, 2nd from Mayor Schmitz Any discussion, commissioners Comm Schell Uh, just maybe for the, the public and and others that because this is a PUD this height restriction really applies to what this convent will look like and if this, you know, 100 years from now, if it’s no longer a convent and some other structures there that would likely be a zoning change that 00:32:18,000 would happen anyway. So I think it’s, it’s a good fit for, um, what that structure wants to do, and we have the, the confirmation that it’s gonna stay, something that’ll look like that for the foreseeable future. OK. Thank you, Comm Schell. Any additional comments? Beunne, Sandra, would you please call the roll. Come, Comm Field, yes, Schmitz? Yes. 00:32:38,170 Larson? Yes. Schell? Yes. Sevec? Yes. Vice Chair Johnson. Yes, the motion is approved. Moving on to item 4C. We have Hay Creek Township east half of Section South 25. I’m not used to reading these. um, it’s a special use permit and stack staff recommends approval, so Jenny, thank you. 00:33:06,870 Thank you, Vice Chair Johnson Comm Lanny Barth requests approval of a special use permit to increase the allowable area of accessory structures to 15,000 square feet at his property, um, 2825, um, River Road. The request is located west of Bismarck between I-94 and Wilderness Cove Road along the west side of River Road and consists of 71.2 acres. 00:33:27,170 Their property is zoned agriculture and is currently outside of our urban service area boundary. Again, it’s 71.2 acres. As such, it meets the criteria outlined in the zoning ordinance for accessory buildings up to 15,000 square feet with approval of a special use permit. 00:33:44,730 The applicant also, I should note, has submitted a building permit to move in a manufactured home to the property to live in while the home is being constructed. So the accessory building is accessory to a princi p al building where the residents. 00:34:03,170 Adjacent land uses include rural residential and agricultural uses to the north, Pioneer Park to the south, agriculture to the West and rural residential office uses, um, Ducks Unlimited, I believe, to the eastro River Road. Hi Creek Township was notified of this request on October 14th, and they did submit a resolution in favor of it. I believe that was delivered to you prior to the evening. The public was notified of this request. 00:34:18,900 A notice was published in the Tribune on October 10th and 17th and 15 post c ard s were mailed to the owners of nearby properties on October 10th. Additionally, we placed a sign providing information on site, um, right near the driveway, which you can’t see on that, um, image, but that’s OK. 00:34:36,100 We have placed that sign out on October 7th, and to my knowledge, we have not received any inquiries regarding this request. The request was evaluated according to the standards contained within our comprehensive plan, Code of Ordinances and state law, and as a result of all the findings contained in your staff report, staff find that the proposed special use permit would not adversely 00:34:51,530 impact the public health, safety, and general welfare is consistent with our comprehensive plan code of Ordinances and state law. Therefore, staff recommends approval of the special use permit to increase the allowable area of accessory structures to 15,000 square feet on Auditors lot S3 in the east half of Section 25 Hay Creek Township. 00:35:11,270 Do you have questions, Comm questions for Jenny. None. Thank you. Thank you. I will open up the public hearing for this agenda item is either the requester or representative here to address this item. See none. Is there anyone else in the, uh, here today that would like to address this, uh, uh, agenda item. 00:35:39,000 OK not seeing any, so we’ll close the public hearing. uh Jenny, any additional comments? No, not at this time. Thank you. OK. Thank you. So, staff recommendation is to approve, uh, what are the wishes of the Commission. Move to approve as presented Move to approve from Mayor Schmitz. and second that. Se second from Comm Field. 00:36:10,530 Any discussion, commissioners? See none, Sandra, will you please call the roll? Comm Larson? Yes, CIA? Yes. Field? Yes. Schell? Yes. Schmitz? Yes Vice Chair Johnson. Yes, the motion is approved. Moving on to item 4D, 2025 amendments to the growth phasing Plan. Uh, this is a plan amendment, and Daniel has the report for us. 00:36:42,530 Good evening, Vice Chair Johnson, Comm, if you’d let me get myself situated. I will share my screen from here. One moment OK, thank you OK, the planning department is requesting revisions to the 2025, I’m sorry, to the uh growth phasing plan in the Comprehensive plan for 2025. Uh, this is an annual tradition. 00:37:16,870 We dust this plant off every year. We are growing community. We’re changing in many ways annexing, uh, over 100 and 100 acres of property every year. 00:37:34,370 And so, uh, it, it’s beneficial to look at the changes over the last year and evaluate these areas we have in our plan and and look for any potential changes are necessary. So I’ll go over some of the boundaries in the plan, just as a, as a refresher and, and then go over some of the changes for this year. 00:37:49,470 Uh, the study area or the ETA, the current ETA is the outer boundary of this plan, and you can see the existing city limits on here as well. um, and then we have the urban service area, and this is the area that we would anticipate annexing and urbanizing within 25 years. Uh, so this is the, you could call it a midterm growth plan, uh, and that’s broken up into two areas priority and expansion. 00:38:07,530 The priority areas we, we really already have the sewer water trunk line, sewer trunk lines, the water lines, the roads are right there and so it’s, they’re the easiest to develop. Many are already surrounded by city limits on at least 3 sides. So these are, are dedicated as priority areas that we would anticipate in the near future. 00:38:24,000 Beyond that, we call urban service area expansion, uh, the outer areas which will require some investment, uh, from, uh in terms of infrastructure before any development is necessary or able, able to occur, uh, and those are a little bit further out in terms of development timelines. 00:38:41,730 Uh, and then beyond that, uh, and this is our 25 to 50 year time horizon. Uh, we have an area that’s called Urban Reserve, uh, and those are, uh, a little bit further out. I maybe I’ll, I’ll speak to that, that 50 year time horizon since that question did come up and it is a debate that has occurred. 00:38:59,230 We’ve used this 50-year time horizon for at least 15 years now, uh, in our, in our planning, and it really is related to that infrastructure plans, uh, because when you’re making large investments that need many, many years to recoup that return. 00:39:17,270 Uh, it, it is important to, to ensure that we understand uh what the development will be that will be feeding into that infrastructure. Um, outside of 25 years, it is, it’s understood that we don’t know exactly what it’ll look like. And so I think that’s why we’ve shown it as a gray area. 00:39:32,870 Uh, we haven’t assigned specific, uh, land use categories once it gets beyond the 25 years, uh, but the urban reserve is really intended to ensure that this will be part of the city. It will be utilized in the scene infrastructure that is being invested in. 00:39:47,270 So, and then we do have an airport buffer area that’s, um, that is new. However, this area was previously urban reserve or uh in the Apple Creek floodway, um, but it is, it’s there just to indicate that this is the city has an interest in preserving the area around the airport for operational reasons. Uh, even if urban development may not be anticipated there. 00:40:06,500 uh, so rural development could occur in the airport would be able to weigh in on, on, on that and make sure it meets their standards. Uh, I’ll go over a couple of, of changes, um, and, and one is just, it’s throughout the entirety of the growth phasing plan, but I just highlighted one example just to show what 00:40:22,070 it looks like. Uh, we did square off a lot of the current boundaries between urban reserve and outside of the urban reserve areas, and that’s because, uh, this area has been used by the Burleigh County Comm and the City Commissions, uh, for negotiation, uh, over their joint powers agreement on the extraterritorial area. 00:40:42,800 uh, and so to function as a, as a usable boundary, uh, we can’t just follow contour lines like we previously did. So we’ve squared it off to either follow quarter section lines or property lines or road right of ways, uh, to make it a usable boundary. 00:41:00,370 so that’s, that happens throughout the entirety of the growth phasing plan. Uh, there is a change along along River Road, um, this area was previously outside of the urban service area boundary and urban reserve. 00:41:20,270 It’s been added into the urban reserve here, up, up to Sandy River Drive, at least, excluding some of our residential, uh, rural residentially zoned properties, um, and the reason for this edition is uh it is possible for city services to be extended into this area and although there are is are flood plains to contend with and, and that was the original reason for originally removing it. 00:41:37,800 Uh, we do believe within 50 years this could be urbanized, um, with, with some investment and so that area, uh, was, was included in the urban reserve. Um, and there have been a few other changes. 00:41:56,530 Um, I’ll highlight in particular in the TJ Lane area, um, mostly just at the, at the behest of City commissioners and, and, and I, um, and certain areas are, are, are r rural residential, but we’re large enough lots that in the previous iteration they were included in Urban Rereserve, but it was really a, a borderline situation. So we’ve removed um some of those in particular in this area that you can see here, um, from the Urban reserve. 00:42:10,600 And then once again, the airport buffer that I, I mentioned earlier is, is on the southeast portion of, of the airport. um So we do try to calibrate these areas with our projections for growth. 00:42:31,170 So really what we’re doing is we’re, we’re taking a projection over the next 50 years, how many acres of land will the city need to meet its meet its needs to, to be filled, uh, assuming everything remains the same, assuming the densities remain roughly the same and assuming that growth rates remain the same. Uh, we are adding 270 acres per year on average, and we’re growing by 1. 00:42:47,330 38% by average every single year, uh, so follow that line out and we need 43,000 roughly acres to fill the sea, uh, the, the boundary that we’re showing in Urban Reserve and urban service area boundary is not quite that. It’s a little under 43 acres, 43,000 acres by the year 202075. 00:43:09,070 Um, however, we do think there are some areas inside of city limits such as, uh, an entire section of land owned by the state of North Dakota on the east side of Bismarck Expressway, that’s currently mostly undeveloped and so, so we ’ re comfortable with that underage, uh, main acreage because that will probably develop in the near future, um, and make up, make up for that 00:43:25,600 difference. So we as staff, I think we’re comfortable that the area shown here could suffice for 50 years of growth. um so as I mentioned, this was used by the commissions as a basis for negotiating the ETA agreement. Uh, that’s really not within the purview of, of this body. 00:43:44,900 Um, that’s, that’s really at the commission level, uh, to determine what those legal jurisdictional boundaries would be. I, I would, um, say that your role would be to look at the growth phasing plan as a plan and, and how it, how it accommodates our, our future growth. 00:44:01,000 um, and but just to reiterate some of those changes, uh, by removing those areas that are not in the urban reserve or urban service area boundary. That would remove 95% of all of the homes from the ETA and 53% of the land would be kept in the ETA, uh, that is most, most suitable for urban growth. 00:44:16,470 Um, I will say in this, in the, in the, in the Mary alluded to this as well. Um, if you do approve this or recommend approval of this tonight, uh, there may still be changes, um, the, the commissions at the, at the city commission and county Commission. 00:44:30,800 uh, you know, would have the prerogative to, to look at specific areas and make some changes. So I’d, I would just note that um that as even if a recommendation is made that this may still change in the future. Um, if you have any questions, I can, I can attempt to answer them. Risher’s questions for Daniel. See none, thank you, Daniel. 00:44:52,230 Uh, this is a public hearing, so I’ll open up, uh, the public hearing and the podium is open for anyone who would wish to address as address this agenda item. See, none, I will close the public hearing. Uh, Daniel, any additional comments from staff? No, thank you The recommendation from staff is to approve what are the wishes of the commission. 00:45:20,900 Move to approve as presented Move to approve by Mayor Schmitz. 2nd. Second from Comm Larson. Any discussion, Commissioners? Well, for is there an easy way for the public to know if they’re in or out of the on this map Yes, thank you, Commissioners. 00:45:50,330 Uh, Comm, um, so the, yes, there, there is a, there is a map on the city website, and it is on, maybe I’ll, I’ll explain it here so people can follow the trail. If you go into the planning departments and then you look on the, the left side bar and you go to the bottom and it’s, there’s something that says ETA discussion. 00:46:07,370 Um, if you open that you’ll find an interactive map that will allow anyone to put their address in and see, uh, where they fall within, within these boundaries. So we ’ d encourage anyone to take a look at that. Um, it’s been featured on the front page of the Bismarck website. 00:46:20,500 I just don’t, I’m not sure it’s still there. So, but I know it is in the location I’ve, I’ve described. Thank you, Daniel Comm, is any other, uh, comment or questions or discussion. seeing none, Sandra, please call the roll. Comm Larson, show, field, Schmitz, Sevek, yes, Vice Chair Johnson. Yes, uh, motion is approved. 00:46:56,000 We’ll move on to other business, uh, item 5A arts and culture, master plan, presentation, and Lauren has that report. Uh, thank you, uh, and good evening, uh, Vice Chair and Commissioners. uh, thank you for letting me speak to you tonight on the Bismarck Arts and Culture Master Plan. 00:47:29,070 Um, so I’m here tonight to provide a brief overview of this, uh, arts and culture master plan draft, and we’ll ask for any final input this commission may have on it. So, um, this, I, I’ve presented to several other boards, uh, within the past week. 00:47:50,370 Um, and that has included our city commission, our, uh, park board Commission as well as our school board, um, as they are all our key project partners for this endeavor. Um, after we receive final input from this uh specific commission will bring this, uh, to the City Commission for final adoption. Uh, can I get the next slide, please? Thank you. 00:48:09,330 So the Arts and Culture master plan aims to develop a community-driven vision for the role that arts and culture plays in the community to achieve this initiative, the city of Bismarck partnered with Dakota West Arts Council, Bismarck Parks and Recreation District in Bismarck Public Schools. Um, we did contract with designing local and nationally recognized firm specializing in this, uh, specific type of planning. 00:48:30,370 Um, one of, uh can I get the next slide, please. Thank you. Uh, so there are 5 chapters to the draft plan. I believe there is a memo in your packet. There is a link taking you to the city’s website and uh you can access the, the draft plan that’s currently there. 00:48:50,730 Um, so the first of the chapters starts with explaining how the process to the, to create the plan, uh, came about and the last finishes with an action plan that supports that implementation of the plan’s recommendations. Can I get the next slide thing Thank you. 00:49:09,370 In 2022, uh, city Bismarck, uh, was awarded an Our Town grant from the National Endowment for the Arts to create an Arts and Culture master plan. Uh, the effort to create this plan stemmed from several factors, including the city’s 2019 strategic plan together 2045 as well as uh several community conversations among artists, performers, cultural bearers, as well as arts administrators in 2022. 00:49:32,370 Uh, the chapter describes what an arts and culture plan is and what it should do for a community and identifies, uh, the project’s key partners that would play a role in those implementation. components. Um, can I scroll back, please. Thank you. 00:49:52,100 Um, so as part of the creation of this plan, we had multiple opportunities to engage with, uh, community members. Um, we had 23 1 on one, stakeholder interviews. Uh, we had 6 small group focused conversations, uh, non-scientific online survey as well as a public workshop. Uh, next slide. 00:50:15,070 Uh, so through that, uh, there were several reoccurring themes that emerged, um, and those are on the left of the screen, uh, for anyone looking at that. Uh, those four components were then compiled into a series of values, uh, that would be used to guide the development of the plan recommendations, uh, and those are included on the right-hand side of the screen. Uh Thank you. 00:50:34,870 So the inclusion of uh this uh next chapter was to help gauge the relative success of Bismarck’s arts arts and culture efforts compared to our pure cities. 00:50:54,170 Um, it highlights arts, uh, economic impact data from the arts and economic prosperity 6 report from Americans for the Arts for each of those peer cities where data was collected. Um, Additionally, it notes which cities have current policies, Commission and funding mechanisms in place to support the arts and culture sectors. 00:51:15,430 in their community Uh, this fourth chapter provides an introduction to various ways the arts can present themselves for the community, um, and it highlights multiple examples under the four main areas that are shown on the screen here. Uh, next slide, please. Thank you. Uh, so the last chapter provides multiple strategies to implement the overarching plan recommendations. 00:51:41,070 Uh, they’re laid out in a now soon next format, um, with, uh years noted for each of those, um, and that provides a flexible yet strategic timeline that prioritizes projects and foundational program elements so that future investments can best leverage the momentum and increased capacity built through those prior phases Um, the chapter does also note some potential funding opportunities for arts and culture and highlights uh arts activation and discovery opportunities that can be used for some of the strategies within the plan. 00:52:03,470 Um, there are some strategies that I do want to call out in the chapter, um, can I get the next slide, please? Um, so I, I’ve called out a couple strategies that may or may not relate to this commission, but it, it could relate and support to, um, uh, together 24 00:52:24,730 2045 specifically uh gold T8 and those objectives A through D, uh, which are related to arts and culture, uh, programming, uh, as well as, um, other, uh, public art components. Um, so, uh, 1. 00:52:50,530 1 is, uh, a strategy to adopt a public art policy, um, and with that strategy, uh, with it recommending a public art policy it could help support our current efforts with our land development code. Um, currently our ordinance only references public art within our downtown zoning district, um, those discussions are currently underway where that public art might fall, um, within the city. 00:53:12,330 Um, so a policy could provide a process for selecting, commissioning, placing and maintaining art for the benefit of the city, its residents uh, which could support and or clarify any regulations that may be identified in that land development code for art installation With the city, um, either at a private level or through any requests, uh, associated that might come to this board. 00:53:34,270 Um I would do want to also point out a strategy 2.4, um, it recommends exploring a new green space in downtown or a public plaza in downtown. Um, so if this strategy would be implemented, a potential request may or may not be seen before this commission, depending on the location or the development request for 00:53:57,370 something like it. Um, however, it could still support those overall goals of Together 2045, um and a specific one would be a 7B uh to create a centrally located public signature space for cultural events and gathering spaces. 00:54:20,630 It could also be beneficial to any other development occurring in and around town, in and around downtown, um, if they’re looking and utilizing that public plaza, so the recommended strategies and action plan are meant to provide a decision makers uh with clear goals and objectives for implementation in order to best follow through on, uh, their commitment for creating and maintaining, maintaining a vibrant local 00:54:39,370 arts community. At this time, I’ll ask for questions or final input on the plan that you may have. Comm, any input discussions or comments for or questions for Lauren. OK. Thank you, Lan. Thank you. We’ll move on to item 5B. Changes to department structure. I think Daniel has that. 00:55:02,870 Hey, good evening, Comm. I’ll be very brief. So the, the city commission uh voted last week to make some changes to the internal structures, uh, organizational structure of the city of Bismarck. 00:55:17,800 I, I really won’t affect you much at all, except you may notice some changes in titles and changes in names of things, um, but the planning department is split out from the building inspections department, uh, they were previously under Community development, uh, and now they each stand alone, uh, and so I’ll be the planning director, Brady Buskowski is here as a booting official Uh, so we’ll, we’ll be working together all the time, uh, 00:55:37,230 we’ll share a lot of things in the office, um, but, uh, development is, is certainly uh bothan situation, but we have very different expertise, very different, uh, different roles, and so I think that’s this reflects, reflects that. 00:55:54,100 And so, um, just wanna make sure you’re all aware of that and know, and you also know who, who to talk to if you have questions about either of those two items. Thank you, Daniel. Any questions for Daniel? So if I, I might, uh, I think one of the things that, um, city administrator Tomonic looked at as he was evaluating that because we did some, we made some other structural 00:56:11,730 changes as well, is a, we, we removed a layer effectively, uh, or a buffer and no longer have a department director over both. So when you’re looking at planning and zoning, Daniel’s the person and his team or if it’s building inspections and permitting its Brady and his team, um, and what we’re gonna 00:56:30,730 do with it is it it’s gonna give us the opportunity to take that position that was filled by Ben Ereth previously and actually retool it, um, to look at another position probably within the building inspections department because we have some issues, um, that sometimes we don’t, we can’t always address and so we’ll look at somebody 00:56:49,870 who can help with some enforcement related items. So, um, I think it was a, a very good opportunity that, uh, Mr. Tomane took to look at how we could better utilize and be appropriately fiduciaryly wise with the resources that the city has been blessed with. 00:57:08,430 So this actually probably, there’s zero net impact to the budget as my anticipation, could be a slight reduction even, um, from a cost standpoint, but it also flattened the line a little bit and so like Daniel reports, not through someone, but to, uh, one of the two city, the the assistant or the city and in this case it’s gonna be the assistant city Minister Doug 00:57:25,470 Wis. Same with Brady, um, and, and it was intentional because we are truly uh concerned about making sure the C of C Bismarck continues to be economically viable and can continue to grow and support growth and try to figure out how to be more efficient in allowing that growth to happen and move, move the process through more 00:57:42,270 quickly, and this is, this is a step in that direction. Thank you, Mayor Any additional, uh, questions or comments. Chair John Spicer Johnson, if I may, uh, just, this isn’t any agenda, but just to notify all of you, if, if I can have the screen shared again. 00:58:00,100 um, there, there are some events going on as far as our land development code, uh, outreach, and, uh, the first one happened, uh, this week, uh, a couple of planners will be at at two coffee shops in town and we’ll be there with our laptops just doing our work, but if anyone, uh, wants to show up 00:58:17,270 and discuss the land development code. Uh, we’ll have copies of that there, of the draft versions, uh, and we can have informal discussions. They’re welcome to anyone from the public is welcome to leave any feedback or comments or ask any questions about, about the process that’s underway. 00:58:30,870 So these are the dates, uh, and these are also available on the city website, uh, or there’s also a QR code for anyone from the public wants to, uh, access this. Thank you, Daniel Uh, Comm, any other business for this evening’s meeting? OK, seeing none, uh our next regular meeting is November 19th, uh, and I will Adjourn this evening’s meeting.