Updates on several bills being introduced and heard by the North Dakota Legislature were provided the Bismarck City Commission at its Tuesday meeting.
City Administrator Bill Wocken brought 25 bills to the attention of the five commissioners, a half-dozen of which they took official positions on.
"Usually, I'll come with eight to 10 bills, but during this session, there has been a virtual explosion of legislation," Wocken said. "I've taken the liberty of categorizing them, and there are a number of core focus areas."
There are eight bills in the area of property tax computation, and all but one seek to affect the "full and true" value of property by means of adjustments to the market value of the property, according to Wocken.
Commissioner Sandi Tabor explained that most property taxes go to public safety - law enforcement and fire protection - and it's up to local governments to find a "balance" in assessing and spending tax dollars.
She said that, should some of the property tax computation bills pass, the balance will be hard to find and could conceivably impact Bismarck's proposed north side fire station.
"We won't have any problems finding funds for the building, but we will have trouble funding 15 new full-time positions to man the department," Tabor said.
The second core area involved bills concerned with local government powers. The commission took action on two bills - House Bills 1298 and 1321 - opposing both.
HB1298 limits local sales taxes to 1 percent, which Bismarck presently collects. Tabor made the motion to oppose the bill, which passed on a 3-to-2 vote with Commissioners Steve Schwab and Dave Jensen voting against.
HB1321 limits extraterritorial zones, which regulate planning and zoning outside corporate city limits to one mile for a city with a population of more than 25,000 and to a half-mile for cities with fewer than 25,000. Bismarck's zone is currently four miles. The bill also is retroactive and affects any local ordinances that were adopted in the past.
Mayor John Warford feels the four-mile zone Bismarck uses has provided for sound planning and allows the commission to pass on an orderly community to citizens in the future.
"To take away all we've accomplished is a bad move," Warford said.
The commission went on record opposing HB1321 on a 4-to-1 vote.
Wocken said there are several bills under consideration for the state penitentiary. Some fund the renovation and reconstruction of the facility, while others look at total replacement and relocation.
"I don't know that we need to take a position on these," Tabor said. "We should encourage legislators to consider all facets, and if there are some efficiencies through the sale of land, either the pen itself or the Missouri River land to recoup costs, we should look at that."
Schwab said he opposed remodeling and felt that a new penitentiary facility relocated further from city limits should be considered.
"Twenty years from now, the pen will be in downtown Bismarck, and that makes no sense. If they remodel for $42 million, we won't have a state of the art facility," Schwab said. "I think it's bad legislation not to consider moving it further from the city."
Tabor pointed out that it is important that the penitentiary remain in Burleigh County. The commission did go on record with a unanimous vote supporting the facility be kept in Burleigh County.
"If we hear they want to move it outside Burleigh, we'll need to take a position," Tabor said. "A lot of people in Bismarck work there, and I wouldn't want to see them have to move. We have to be prepared to say something."
The commission also supported passage of HB1225, which allows Renaissance zones to include a limited noncontiguous area. Tabor said the bill gives communities such as Bismarck more flexibility in using the zones. But feelings were mixed, and the motion to support the bill passed by a slim 3-to-2 vote.
The commission also passed a motion to support HB1103 and HB1309. The former changes the provision on maintenance of effort for libraries, and the latter allows libraries to recapture funds lost in the last biennium.
The commission then went on record opposing HB1508, requiring a vote on special assessments before a district can proceed. Wocken complained that he couldn't determine how the provisions could be carried out by Bismarck
"The bill forces us to force developers to do some of the necessary infrastructure as part of their project. If they have to do this, I think we'll see less projects," Tabor said.
Finally, the commission approved a motion encouraging department heads to provide technical assistance to the Legislature.
Commissioner Connie Sprynczynatyk said that Bismarck department heads have been traditionally relied upon by lawmakers as resources and seen as experts on specific subject matter. But this session there has been a lack of participation by department heads.
Posted in Local on Wednesday, January 24, 2007 6:00 pm Updated: 3:42 pm.
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