00:00:22,330	2024, it is 5:30 p.m. and we are in the Bosch Frelich meeting room at Mandan City Hall. Mr. Neubbauer, could you take the role, please? Comm. Rohr Schoberg Let us stand for the pledge. Pledge Pledge allegiance to the United States of America. To the stands. One nation under God. In this With liberty and justice.

00:01:07,930	We have no announcements, so let’s skip to the uh approval of the agenda. I ask for a motion to approve tonight’s agenda? I moved to the agenda for July 16th of 24. Second We have a motion by Comm. Rohr and a second by Comm. Brown. Any discussion? Seeing none the roll call, please. Comm. Schoberg Roar. Mayor Frelick, yes.

00:01:40,300	Uh, first item on the agenda, consider the approval of the minutes of the following meetings, the July 2, 2024, Board of City commissioners regular meeting. I’ll move to approve the July 2nd, 2024 board of. City Comm., regular meeting minutes. Second, We have a motion by Comm. Schoberg and a second by Comm. Brown.

00:02:08,800	Any discussion? Seeing none, roll call, Mrs. Braun roar Braun roar Schoberg, Mayor Frelick, yes. Uh, special meeting July 9th. Consider approval for those minutes? I’ll move to the 5th of July. 9, 2024 border accession meeting, special meeting. 2 We have a first by Comm. Rohr and a second by Comm. Brown. Any discussion? Seeing none roll call. Comm.

00:02:41,370	Rohr Schoberg, Braun, yes, yes. We have no public hearing items tonight. Uh, if you please take a look at the consent agenda. First item is to consider uh approval of the monthly bills. Second item, consider an amendment to extend the census advance metering, infrastructure agreement. Third item consider an amendment to the 2024 budget for building inspection.

00:03:16,970	4th item, consider approval of the following special events permits, Stop liquors, North Dakota State arm wrestling tournament. Stage stop Midsummer foam party. Number 5, consider minor plats for shores at Lakewood first edition. Number 6, consider the following abatements whence 2023 veterans Credit. And hit 2024 abatement.

00:03:46,130	Are there any items you want removed from the consent agenda? Could I get a motion. To approve the consent agenda. I’ll make the motion to approve the consent agenda as articulated in the uh. Final, uh, budget or the the. Final agenda of the Mandan City Commission meeting. Tonight Second OK, we have a motion by Comm. Schoberg in a second by Comm. Rohr.

00:04:14,600	Discussion done roll call, please. Commissioners roar. Schober, yes, Braun, Mayor Frelick. Yes. Under new business item number one. Um, consider appointing Austin Lafferty to to the Morton County Mandam Public Library Board of Trustees is a citywide representative Barb, good evening, Mayor Frelich and commissioners on June 24th, after a series of interviews, the board moved to approve

00:04:48,830	Austin Lafferty city rep citywide representative for 2024 through 2027. Um, so, uh, Austin is here. So if you have any questions, we would like for you to approve of that appointment. Are there any questions for Barb? No, I just, this is a 3 year term, correct? This is a 3-year term, yep. OK. Thank you, Barb. You’re welcome.

00:05:16,300	I moved to a point Austin’s Lafferty to the Morton Mandan Public Library Board of trustees for a three-year term that ends June 30th of 2027. Second We have a motion by Comm. Rohr and a second by Comm. Brown. Any discussion the other candidates that applied.

00:05:42,500	It’s good to see people are willing to support the community. Yes, thank you. So we have motion a 2nd. No Could you call a roll call, please, Comm. Schoberg, Braun roar, Mayor Frelick, yes. Item number 2, consider options related to the vacant city commission seat. Mayor Fereylick due to the uh resignation of former Comm.

00:06:17,370	Brad Olson, obviously that has created a vacancy, um, we think there are probably 4 options on what’s your next steps could be. One, we’ve been asked about the doing nothing option and going running with 4 commissioners for the rest of this term, that really is not an option in consultation with Attorney Ulster because the board may call a spec a special election or may appoint a person, so

00:06:38,230	really you have to do. One or the other. Um, the board could simply appoint an individual, um, an argument can be made that the top 3 individuals were within 50 votes of each other and thus giving the reason to appoint the individual that came in 3rd.

00:06:55,500	Uh, third, the, the commission could ask for letters of interest. To the commission, we have two expressions of interest. Victoria Vda Hammond and also Ryan Henschan, um, have expressed interest in filling that unexpired term.

00:07:17,170	Um, if this were the option, the commission would select, we would suggest setting a date for submission of letters of interest, the board would then take those letters with letters of interest, interview those candidates, and then make a selection after that. You could also um have a special election to run concurrent with the November election, um.

00:07:34,900	That we would be running up to some timelines as far as you have to give a certain number of days for candidates to get signatures to be placed on the ballot. Do you have to get that information, um, get those signatures validated, um, you need to provide that information to Morton County so that they can get that information on the ballot before it gets printed.

00:07:53,170	So again, we’re running up to some timelines on that, um, not that it’s impossible, but it is, um, again, you’re running up to some timelines or the fifth option would be to conduct our own special election, um, with the timelines again set out above where you would um give so many days in which to have candidates seek signatures to get placed on a ballot, and in turn, um, That election would not run in concurrently with

00:08:14,600	the November election. So those are, I believe your options to do that, um, cost on the fifth option of running our own special election. We’ve been asked about that.

00:08:30,100	It’d all be dependent on how many polling places you’d like to have and hours of operation and things like that which would affect that cost. So, um, if you have any further questions of me, we’ll be Happy to do our best to answer them. Does anyone have a question? No, sir.

00:08:59,770	What is the number of days out? Do you estimate? What is the auditor always If you’re gonna run in in June or November, how many days out? You start the process. Mayor Frelick, you would have, um, you can start collecting signatures like the first day in January and then you have until April 8th to obtain those signatures so your January, February, March. I’m roughly 90 Plus days.

00:09:22,630	So if we back up from November we’re hitting, um, close to that time period and then you also have to factor in the time in which the county needs. That information. To be placed on the ballot so that they can print the ballots.

00:09:43,830	Mayor fairly commissioned one point I’d like to make is that You know, we are right in the middle, we’re going to the budget season, which is a very critical time if we have, you know, Potentially A good can some place in it that way to be able to work into and be with us during these budget sessions. And that would be very helpful as opposed to, you know, not having any anybody at this point in time, uh.

00:10:02,630	So, uh, and I like to see, uh, for many of these critical issues to have 5 people up here. We have a quorum rather than 4 as well. Any other thoughts? Uh, yes, first of all, I’d like to thank um city attorney. Amy Ulster And uh city administrator.

00:10:30,430	Jim Neubau for their uh What I see is an extremely superb work in compiling. These 5 options. For us to consider Also for um The patience in dealing with new guys like me. I try to ferret through this somewhat challenging, uh. Issue tonight So thank you very much, job well done. So now you’ll have to excuse me.

00:10:58,230	Uh, may I go ahead with this? You may OK. I recently had the opportunity to speak with both Victoria Va Hammond and Ryan Heinshaw. Recently Both remain very interested. In the currently vacant city commissioner’s seat. Both Victoria and Ryan. You have a strong history. Of unselfishly. Volunteering many, many hours of their time to the city of Mandan and our citizens.

00:11:34,930	So before we go any further, I would like to extend my heartfelt appreciation to Victoria and Ryan as well. Now, As a former Police officer. I had to step back and take a look at these things. And although it may sound cruel. We needed to eliminate, if you will. The human aspect.

00:12:04,570	It’s hard to do that, really hard. So of all the 5 options, The one that I specifically looked at. To preserve and maintain the integrity and dignity of our community of Mandan. Long term. is 2 To simply appoint And although it might be an appointment, I look at it more as an endorsement.

00:12:42,900	Of one of our basic rights as citizens of the United States. And that’s a fair and free election process. I had family and friends that died for that right. So we had to remove ourselves. From my conversations with Victoria. And Ryan. To follow this route. So Pertaining specifically to the June 11th General city election.

00:13:14,470	And the city commission. Component of that election. We have Two items that make it unique. Number one is specific to that election. On June 11th, The citizens Of Mandan Came to vote The result of their voting for the city to open city commission seats. Ended up with the following top 3 picks. Number one, Comm. Brown. Number 2 Was yours truly.

00:13:57,130	And number 3 45 votes behind me was Ryan Heinshaw. That makes Ryan a strong number 3. At 46 total votes from the top. OK. So That vote. From those citizens of Mandan was officially certified by the Mandan Morton County Canvassing Board. As articulated. In this memo. The canvassing board that certified the elections.

00:14:42,070	Pertaining specifically to the city commission component. 12, and 3. That happened on June 24th. 13 days after the June 11th election. On the next day, 14 days after the June 11th election. June 25th. The Mandan City Commission. Accepted Those certified Votes done by the Morton County Canvass board. So that’s the first point. Point number 2. Extends us out.

00:15:33,170	Another week, one week, 7 days to the day. June 18th, 2024. Well then Comm. Brad Olson resigned effective immediately from the Mandan Bor of City commissioners at the City commission meeting of June 18th again seven days. Today, July 16th. It’s 35 days after the June 11th election. 28 days after Comm. Olson’s resignation. So we’ve got Very tight.

00:16:12,100	Finishing of the Election Between the top 3, 46 votes. That’s pretty tight. And then From the time that Comm. Olson resigned. We have 35 days after the election, 28 days after his resignation. And believe me when I tell you I was kind of a.

00:16:43,270	Amazed at the numbers of deadlines and dates that were in the interim period there. We’re still learning. I think as a city commission board, we would be extremely remiss. If we failed to emphasize the importance of our general city election of June 11, 2024. And for that matter, all the elections that we undertake in this great country, state, county and city of ours.

00:17:18,330	In grateful appreciation and respect for the citizens of Mandan who exercise their right to vote. On June 11th. 2 24 They now make a motion. If I can You may To a point Ryan Henshaw To the unexpired term. On the Mandan Board of City commissioners. There’s a motion on the floor.

00:17:48,300	Do I hear a second? We have a motion by Comm. Schoberg and a second by Comm. Braun. Any discussion. I would just like to add to what was already said, uh. Be because of Be because of all of the things that are going on from now until November, I, it, it behooves us to fill the position. I just.

00:18:10,170	I struggle with waiting till November through the election process that we would. We, we run into a potential problem and, and so I’m. I’m following what was said. Thank you, Comm. Brown. Comm. Rohr. Like I said, I think it’s important to fill that and what Comm.

00:18:36,230	Schoberg said to regarding to the electoral vote and how close it was and you know there’s a citizen implication that we have to recognize as well. I would agree, so we have a. Emotion And a second? Roll call please. Comm. Braunun, yes, roar, yes, Schoberg, Mayor Frelick, yes. They had a It’s a question for clarification and Jim could ask us too as as this appointment, I’ll win with this particular person assume office.

00:19:08,000	Um, Mayor Frelick and Comm. Rohr, I think the moment you appoint them and they sign the oath. would be when they take office, so, um, I will give Mr. Hanon a call this evening and we’ll get his old signed either probably tomorrow OK. And so it would be effective at.

00:19:30,630	Like I said, whenever we can get him to sign the oath. Well, welcome to the most uh Intense part the budget season. OK, thank you. Um, thank you, Comm. Schulberg. Uh, move on to agenda item K resolution and ordinances. We have the 2nd and final consideration of ordinance 1448, an ordinance to amend and reenact Section 24-1. 2C of the Mandan code of ordinances.

00:20:04,900	Relating to penalties for parking violations, Chief Ziegler. Mr. Mayor and commissioners. Uh, referenced this ordinance, uh, for the 2nd and final consideration. Uh, we did not hear anything uh negative or any responses to this ordinance.

00:20:30,100	Um, we were requested by the commission to amend the original to add fire lanes and fire hydrants, um, Attorney Oster did add those in with there’s one caveat with the fire hydrant, state law requires it that it cannot go any higher than $20 so we set that at $20. So the The other the fire the fire lanes are at $50 and the fire hydrants are at $20.

00:20:54,200	Any questions? Could I have a motion? I moved to a um Approved second consideration of ordinance number 1448. Second, We have a motion by Comm. Schoberg and a second by Comm. Braun. discussion Hearing on the roll call, please, Comm. Brown. Yes, Roar, yes, Schoberg, yes, Mayor Freelich, yes.

00:21:27,300	Uh, item number 2,,, 2nd consideration of Ordinance 1450 related to the correction corrected annexation of Rock Prairie estates addition in the Northwest trunk sewer route, Andrew. Good evening, Murfreelich and Comm. Ordinance 1450 is the annexation ordinance that was presented at the July 2nd meeting to annex in portions of the Rock Prairie State subdivision in northwest Mandan that were uh inadvertently left out from a subdivisionplat process as well

00:21:52,330	as the route of the northwest trunk sewer to be constructed in coming weeks. There have been no changes made to the ordinance and we’re recommending approval of the second consideration. Do you have any questions for me? Looking for a motion. Move to approve the second consideration of ordinance number 1450.

00:22:12,970	Second, We have a motion by Comm. Brown in a second by. Comm. Rohr, any discussion? Hearing none, roll call please, Comm. Rohr. Yes, Schoberg, Braun, yes, really. Yes. Item number 3,, 2nd consideration of ordinance number 1449 related to the annexation of the Hart River Correctional Center property? Murphy Comm.

00:22:42,430	ordinance 1449 would annex the portion of the property on the screen, which is to serve the future Heart River Women’s Correctional Facility. This was introduced at the July 2nd meeting and it’s here for its 2nd second consideration, no changes have been made. We’re recommending approval. Any questions for me? Consider a motion move to approve the second consideration of Ordinance 14. 48 949.

00:23:13,900	We have a motion OK In a second, we have a motion by Comm. Brown, seconded by Comm. Rohr. Discussion hearing done, roll call, please. Yes. Yes, yes. Yes First consideration of ordinance 1451 to amend the Mandan Code of Ordinances section 2-3-3 groups created by ordinances related to word changes to the Mandan architectural Review Commission.

00:23:51,770	Good evening, Mayor Frelick and Commissioners Jordan before you is ordinance number 1451, um, as you said, I just, uh, quote. Code change for the architecture Review Commission. As a review, the architectural Mandan Architectural Review Commission was established by ordinance to to provide review of commercial building, um, permit applications for, uh, for the city and that.

00:24:15,400	The Commission consists of 9 members including the city building official I’ll be myself, the fire chief, the city engineer, and then the remaining 6 members are appointed by the board. Um, and whenever possible she’ll be residents of the city, business owners, and um and people who own property within the city.

00:24:36,730	Um, the small change we’re looking to make is within the fire chief and the city engineer to add the language after them that says or fire chiefs qualified staff designee or the city engineer qualified staff designee, um, reason for this, we have, we have set times that we, we meet twice a month if we have um actions for, for, for building permits, we, we will meet and I, I know

00:24:58,130	there are times for them, especially, uh, it can be with fire calls and um just different meetings and things that their positions. Can’t make the meeting sometimes, but we have very qualified staff that um could fill in for them in the event they can’t come, so this isn’t just to replace them on the board, but in the

00:25:19,370	event that they’re not able to come and have staff that’s qualified to step in in their place on the commission. So that’s, um, that’s what’s before you tonight and if you have any other questions, I’ll be happy to answer them.

00:25:38,630	Mayor, I just think it maintains the integrity of the process that people can be there when they need to be. I agree. Any other questions for Jordan? The, the term term qualified, that’s obtained by either the initial hiring process. Application or a board and you know, the interview, so on and so forth and fire service they’ve got a very stringent hiring process as well. Uh, or their promotional uh capabilities in-house, um.

00:26:11,730	That Correct, it’s not all encompassing, but they are qualified, right? Yes, correct, and I would say for. All of the times that we have needed an extra one would, would be a staff member that’s very involved in the project as well.

00:26:29,270	So has a, has a full understanding of, um, the things that are going on and, and what we’re looking for, so yeah. Um, would be qualified and vetted. Correct. Thank you, Jordan. Looking for a motion to approve the first consideration of Ordinance 1451 related to Section 23-3 of the Mandan code of Ordinance. Second We have a motion by Comm. Braun. We have a 2nd by Comm. Schoberg.

00:27:00,300	Any discussion Hearing none, roll call please. Comm. Braun roar, yes, Schoberg, yes, Mayor Frelick, yes. Number E other business, is there any other businesses to come before the board? Seeing none, the future meeting dates are. August 6, 2024 at 5:30? August 20th, 2024 at 5:30. And September 3rd. 2024 at 5:30. Look for a motion to adjourn? So moved I can