00:00:14,700	Welcome. Today is September 17th, 2024 at 5:30 p.m. and we are in the Bosch Frelich meeting room. Mandan City Hall and beautiful Mandan, North Dakota. City administrator Nubarra, could you please take the role. Comm. Braun Rohr Schober, Hein, Mayor Frelick, yes. I to stand for the pledge.

00:00:49,500	all the flag of the To the republic for which it stands. One nation under God. Invisible and justice for all. OK, we have a couple of announcements before we begin, uh, it’s free landfill week. It begins September 16th and runs through September 21st. A landfill will be open from 8 a.m. to 4:45 p.m. Uh, bring your utility bill or driver’s license.

00:01:22,470	And not all items are free? And you can go to the website and check for the listing of the items along with the prices. Uh, this weekend, September 20th through the 22nd is the North Dakota Rough Rider Cup. At the Dale Paulkey Rodeo Arena? It’s the largest rodeo in North Dakota featuring 32 of the top.

00:01:44,900	PRCA cowboys and cowgirls competing in 8 thrilling events for the largest one-head payout. In North America. Tickets are available at North Dakota Rough Rider Cup.com. Commissioners. Have you had time to review the agenda? I haven’t I move that we approved the agenda for this evening? We have a motion. We have a motion by Comm.

00:02:14,930	Rohr seconded by Comm. Schoberg. Any further discussion? If not, roll call please. Commissioners Rohr Consider approval of the minutes of the following meeting, September 3, 2024. Board of City commissioners’ regular meeting. May I have a motion? I make a motion to accept the. We have a motion Second A motion by Comm. Schoberg seconded by Comm.

00:02:49,230	Hain Chan. Any further discussion? Hearing none, roll call, please. Comm. Schoberg Heinchan OK, we, uh, We are going to open the public hearing. Uh, regarding street improvement district number 238. Um, I will remind everybody we have. 6 o’clock is our cutoff. Uh, because by law we can’t bring up the. Uh, budget until after 6, so.

00:03:30,670	We’re gonna use this half hour regarding. The resolution. So Jarek? Mayor commissioners, um, before you today we have a resolution determining sufficiency of protest for street Improvement District number 238. This, uh, street. S Can you hear me? Is that better? OK. Um, this is, uh, a resolution determines sufficiency of protests for street Improvement District 238.

00:04:04,800	Um, this district was for the project that would have generally consisted of cast iron water main replacement, um. Uh, full depth street reconstruction, mill and overlay, chip seal, tree trimming, ADA ramp replacements, uh, street light improvements, kind of all of that in the area. West of 6th Avenue Northwest.

00:04:30,600	East of 10th Avenue Northwest and um North Main Street. And south of 3rd Street, Northwest, generally shown on this map. Um, the parcels shown in the red cross hatch or the uh parcels that we receive protest from written protests from.

00:04:52,430	Um, we have all of those written protests available in our office if anybody wants to review them, but we did read all of them and we had put together a little bit of a summary. Um, Showing some of the uh general themes. Of the protests. Um, we have them listed here. Uh, the number one concern was financial burden. Number 2, residents feel there wasn’t a sufficient communication related to the project.

00:05:16,930	Residents felt that there was more cost effective and less disruptive alternatives. There was a lot of concern around elderly on fixed incomes. Uh, there was concern that chip seal work had been done fairly recently. And that there was other other other areas of town that needed more urgent repair.

00:05:36,300	And um several other here unnecessary plan improvements, disruption to residents, and environmental impact. So that’s just kind of the general theme that we saw among the among the letters. Um, Uh, related to financial burden and um. Some of that, uh, we would, we’d like to maybe point out that it was a $17 million project. We had nearly $3.

00:05:58,830	4 million of Department of Water Resources funds, uh, set aside for it, another $1000 of city utility funds set aside for it, and then another $2.3 million of city municipal infrastructure funds set aside for it? Um, which brought the assessment down from $17 million to $100 not quite 50%, but closing in on it.

00:06:24,400	Um, but the, uh, The motion in front of you today would be to approve or the motion that I would recommend would be to approve the resolution determining, um, that the protest of street Improvement District 238 was sufficient and um, We have about 8 other areas in town that we would be ready to pivot to in short order.

00:06:42,400	Um, but we could discuss that over the next 2 weeks or a month or so. So if you have any questions, I’d be happy to answer them. So the final dollar amount that the city paid down was, oh, I’d have to do some quick math here. 6. 8 million. Dollars. Or I guess, uh, 3. 3.4% from the city and 3.4 from the state.

00:07:09,070	OK, so there were grants that were used. State Water commission grants. OK, thank you. Any further questions for the commissioners? Camera. You’re the on this project, how much money has been invested in engineering costs? Um, Mayor Comm.

00:07:39,100	, so far the engineering costs associated with this district would be about $200,000 but that engineering cost was preliminary engineering associated with the evaluation of several areas around town. So, um, it’s part of, uh, it was part of kind of a, um. A packet of project development. So, um, that engineering cost. I would say is is beneficial to all of the projects that were included in that effort we’re not losing there is a benefit.

00:08:03,130	Even though if there been protests how we do not lose a lot of engineering costs, basically. Mayor Comm., that’s correct. Thank you. Anybody else? OK, thank you, jerk. A reminder that this is a public hearing to determine if there are sufficient protest.

00:08:26,130	To prevent the proposed project from moving forward? It appears there are sufficient protests to stop the project. And at this time I invite the public to comment. If they wish if you do approach the podium. Uh, please state your full name. And then um. There’s I think there’s a sheet there that you can write your name and address on, please.

00:08:51,530	So your full name and address for the record, please. Dave Stern on 10 12th Avenue Northwest Man in. Spent 18 years since I’ve been in this room. It’s modern. Thanks for your. Ambition to be the mayor of this town right now when you were a young man, you had a lot of. Game.

00:09:12,770	I hope you have a lot of game to run this city. And the changed views of the administration. On the special assessments across town. On August 22nd we had some good things come out and we had some bad things in the next two weeks afterwards, the good thing is load restrictions, maintenance, we all know vendors do not take. 2.5 2.

00:09:34,870	5 ton trucks up our streets anymore it’s semis so you get city engineers told me they’re working on it. Load restrictions, we got to enforce them guys. We gotta get law enforcement involved. They got to get scales. They got, we got to start stop stopping these gravel trucks, road trucks, and everything else.

00:09:56,100	As we were traveling around town and checking special assessments, our area 197 New High School, 30,000. Collins projected from Collins to 6th Avenue, 55,000. The strip 70,000 to 110,000. Two things you guys should be concerned about.. 1, 70% of the people I talked to are afraid of this commission on retaliation. That’s sad. My family came here in 1856.

00:10:22,870	There’s just me and a sibling left. shouldn’t have to feel that way about your hometown. No way. The other thing is we found out there’s negotiations going on and special assessments with business people and residential. One residential man got 60% cut on his special assessments. One businessman on the strip got his cut 45%. That’s wrong.

00:10:49,700	I have 800 square feet in front of my house at your special assessing me on who’s the negotiator? I’ll negotiate with anybody. I’ll come to Jim’s office any day of the week. If you’re gonna negotiate with one, you know, negotiate with the whole city. Not just one person or special people.

00:11:11,470	The other thing that should be brought is I told these engineers, we got to get surveillance out. An old Highway 10. 1st Street, 6th Street. Due to the Department of Corrections having a women’s prison out at YCC a youth correctional center out there. At the old Hee is F5, you got the Mandan Center. You have Tee Motel, Lewis and Clark.

00:11:34,270	I don’t know what’s going on in the man down junior high. But with these kind of people running around and the theft that’s going on in this neighborhood, especially this neighborhood at 238 in the last year. A camera will help law enforcement a lot in catching Hu goals and who goes where at what time. Time is a big thing in an investigation.

00:11:55,130	I hope that you guys can implement that somehow. And get cameras up so you know who comes in and out of our town. Any questions for me? Ms you speak of the word retaliation? What type of retaliation are you referring to? Every train getting more taxes put on their property.

00:12:21,730	Some business owners were thinking they were gonna get their. Business shut down. It’s amazing the comments that you got and that’s a shame. You guys shouldn’t be having that kind of an issue. In this town. You got to clean that up. I’d clean it up if there was something to clean up and I don’t know where that comment’s coming from.

00:12:42,670	It’s coffee talk people, it’s coffee talk so we’re we’re this commission is to speak out. I kind of expected that this room would be standing room only. But no, Not too many people want to speak out. They’re afraid OK And it shouldn’t be, you know that, Jim.

00:13:04,770	I, I agree with you that nobody should be afraid and afraid to come here and talk to you guys. 2.5 months into this, I don’t know where that, uh. A feeling could possibly emanate from rumors and innuendo is, is the only thing. The other thing is negotiations. It’s wrong. I, I would ask, uh, senior administrator to the capital, state proper, uh, tax Comm.

00:13:25,430	went to the Attorney General’s office kind of. Slash my ex-employer. I mean We looked for laws, regulations, entry codes, under 40 2201. It doesn’t say that you guys can negotiate. It doesn’t say that you can’t. It’s a loophole that the state left open.

00:13:47,900	So you guys do have the right to negotiate, but my thing is this if you’re going to negotiate with one, you should negotiate with everybody. Do you have, do you have an instances, uh. That this happened. I don’t want to give facts here in front of the press or whatever all that’s a pretty heavy charge you just leveled. So we’ll, we’ll. Exclude the facts. But we’re going to level the charge.

00:14:11,870	That’s city administrator Neubauer, would you like to respond to that? Uh, Mayor Frelick, I have no idea what that comment relates to. I’m gonna just leave it at that 6th Avenue Northwest. I went door to door. And people were afraid. 2, I found this and like I said, I’m not going to give names.

00:14:35,800	These people were afraid to sign a petition. I’m not gonna expose them. And what kind of retaliation they were afraid of, they didn’t say. But they were fearful. That’s not right. And the assessments were done. It didn’t matter if you owned a double lot, a single lot. Like everyone, um, we got $20,000.

00:14:59,330	I see, I did some to get 11. And I think that’s about the less that I heard. But I You know, there are people that I knocked and they had big double lots and 20,000 just like me and I own a single lot. OK Thank you. Did you sign the uh. Could you please? Thank you.

00:15:28,230	And David, thank you for your comments. Appreciate it. I’m Jim Keller. I live at 1,001 4th Street Northwest, right? Smack dab pretty much in the middle of this proposed project. What my question is, is have the engineering firm or they have has the city.

00:16:14,130	Pursued additional funding from Federal Highway Administration from the state to help offset some of these costs out of pocket costs that are being proposed, you know, with the $20,000. I Jarek, would you like to answer that, please? Be happy to. We did have a portion of our preliminary engineering, um, services allocated specifically towards identification of outside funding opportunities and there weren’t any.

00:16:44,670	Great fits for um this area outside of the State Water Commission funding. Which is at the 6040, 60, 40 pasture. OK, thank you. So, as I understand it, then there is no other additional funding available at this time, or are there other avenues to pursue? with grants or federal grants in regards to the you know the infrastructure program they.

00:17:13,330	Have out there I’ll again defer to Jark. Absolutely. Um, we, yeah, we would not close our eyes to grant opportunities and, um, this, uh, this project area would remain on our remain on our. Uh List and uh whenever we uh evaluate grant opportunities, this would be. Um, at the forefront of our mind for uh consideration. But um.

00:17:44,430	Um, There weren’t any that good that fit at this point in time and the Department of Water Resources. Cost share is something that. It is not, did not exist before for residential. Uh, main replacements and might not exist. In the future, so. Yep thank you.

00:18:11,070	If I may Um, is it, is it true that when we enlist the help of engineering companies, um, that they also endeavored to research as many. Grant opportunities as possible as possible because if they can identify more grant opportunities at this stage of the game. Obviously they’re gonna make more money through the engineering throughout the course of the project, is that correct or incorrect, Mayor, Comm.

00:18:31,930	, I would say it is, it is also to the engineering firm’s benefit to identify these types of grant opportunities. And, um, yes, more engineering has a grant specialist that we were that was working specifically on these project areas to find out that grant funding for us. Thank you. Oh just 11 closing comment, uh, I retired from the North Dakota DOT.

00:18:57,530	And when we had our projects, I mean we had, you know, pursued federal participating funds, state funds, you know, to help offset costs overall and that’s what I certainly hope the city pursues in the future, you know. If they can for this project, great, but I mean it’s a, a hit in everybody’s pocketbook.

00:19:22,000	You know, people on retired fixed incomes, new people starting out. All, all of a sudden, you know. You’re looking at another 100 $150 a month. You know, and specials on top of whatever they’re pay home payment may be. I sure hope you guys can do something to help everyone out. Thank you. Thank you, Jim. Appreciate it.

00:19:46,030	Anyone else? I was just wondering Judy Schaff. You don’t have to, you don’t have to sign in again. We’re just wondering if it might not be more feasible to hire a grant writer. That he’s looking out for the benefit of the city. Rather than a high dollar engineer company.

00:20:10,070	And the other thing, That special assessments, you know, we can carry them 15 years or whatever, but the interest that we pay on that. Is it true that interest just goes into a general fund, it doesn’t go back into the loan? I’ll defer to city administrator. Newubbauer.

00:20:34,170	Mayor Frelich and commissioners, um, when we go out to borrow funds for a project though that interest cost. Um, we are making those loan payments just like if you have a mortgage on your house. So those payments go back to the lending agency that we borrow from, so we’re not. We we’re not keeping those interest payments. It goes right back into the loan.

00:20:56,400	It goes right back to the loan depends on when we sell the bonds which, um, In this case, if we construct a project which has been, you know, it will be protested out so there won’t be a project, but normally when we go out for a bond sale, we will, that’s you’re borrowing in the private market.

00:21:15,200	So that the interest rates could be 5%, 3.5 to 5% nowadays it just depends on when we go out for that bond sale. Thank you. Thank you. Anyone else Tom Shofstall, 800 5th Street Northwest. I wished everybody would turn their speakers up or so we can hear what you’re saying. Uh, it’s very loud.

00:21:45,530	My problem is with the special assessments. It’s like you’re charging a $16.9 million and you could go up another 40%. So then you could take it up to $23 million. Right now, the way I figure it out, it’s gonna be at least 200 to $400 a month in specials, which goes for 15 years, $200 a month for. 15 years.

00:22:07,530	Basically my water and sewer and everything’s been done. I’m gonna get a chip and seal. I might get a wooden, my wooden light pole is gonna turn to metal, and I may get the ADA compliant corner, the sidewalk for $20,000 it’s going to cost me. That’s all I get. Um It makes no sense to me.

00:22:28,900	Um, there’s people that aren’t getting very anything and they’re getting charged $20,000. And there’s been people working on it, so it’s already been approved. The are out there working in the streets.

00:22:52,270	No, what are they doing now with the I think you’re seeing Michael’s out there and that’s uh probably an extension of MDU so they’re in MDUs right away. They’re replacing gas line. But there’s no city work going on. There’s blue and light and there’s blue lines being put out in the street. That’s not gas. I seem to, and I’ve stopped and asked him what the gas lines, but they’re marking for other lines electrical lines, water lines.

00:23:13,270	So has it been approved or not approved or how does that work? Well, I would defer to Jarek, but I would assume that there’s been an 811 call whenever Michaels goes into the ground. That they’re not Crossing anybody else’s utility. So that’s might might be the markings you’re seeing.

00:23:35,230	Well, I see them doing their gas lines and they’re doing it in the sidewalks, and these are marking the lines are in the streets, so like I said, they’re not doing anything towards my house and anything, and like I said, my chip and seal is only gonna be half my sidewalk. The other half my street, the other half goes to the other.

00:23:55,530	Uh, Party I guess I just don’t see the transparency. The water and sewer is, uh, from what I understand is going to be close 6 to 7 million, 3.6 million has already been covered, so there’s 2.6 million. Where’s the other $11 million going to? Again, um, I’m gonna bring Jarek back up here because you ask good questions.

00:24:18,870	Uh, I’m looking for transparency and answers. I’m willing to hear. Mayor, Comm., so we, we do have an itemized estimate that we would be able to share with people if they wanted to see, um, it broken down item by item by item by item, but, um, a lot of it is EDA ramp improvements.

00:24:39,800	Uh, Street light improvements, electrical lines between the street light improvements. Street improvements, full depth reconstruction, full depth reconstruction on the water water main replacement areas. It’s, but we have it fully itemized if we want to, if people wanted us to share it with people with them and the markings in the street, not in the sidewalk.

00:24:59,330	Can you address that? Mayor, usually when they call in locate requests, they’ll mark off a whole block and I think that it would be on the safe side or or just to be on the safe side, our public works department would mark out, um, water main and sewer mains and electrical lines in between street light poles that could possibly. Be a conflict. Yeah.

00:25:20,270	Jarek, you and I, you and I discussed this the other day about what the yellow. Yellow, uh. Feeder lines were, and you indicated that those are natural gas lines that Mitchells is putting in and that’s for. It’s going to be for segments of Mandan. On a yearly basis, did I hear you right? Mayor Comm.

00:25:42,130	, that’s correct, yes, um. them to use risk management division had identified Mandan as a as a high risk area, so they are coming through annually to replace to programmatically replace, um. Low pressure. Low pressure gas lines with a higher pressure system.

00:26:08,470	Tom, for what it’s worth to you, Tom, um, I, I said for what it’s worth to you, I had no clue what the hell hoses were and what Michaels was doing until just uh. I think it was Monday, uh, of last week, so it’s like with everybody it’s the uh cost of everything like you said when you’re adding basically if there’s people paying.

00:26:27,700	$2000 for a house payment they’re adding another month for their house payment and like I said, if it would be, if I would see some benefit, but $20,000 for a chip and seal in a light pole and an ADA compliance. I’m sorry, that’s not worth $20,000 or $200 a month for 15 years.

00:26:46,200	My chip and seal is gonna be not gonna last 15 years. I just bring in my concerns and like you said, I just don’t know where the other 11 million is going and it just doesn’t make sense to me.

00:27:02,430	I thank you, you know, we know each other from the wellness center, um, and, and this is the kind of discourse that we have to start having more frequently. Um, like I said, I didn’t know what those yellow lines were, um, and I found out, OK, uh, the other thing too is that, that every one of us up here are, are also residents of the city of Mandan, so sooner or later

00:27:18,270	we’re going to get hit as well, so we fully understand the ramifications of special assessments. Yeah, well, like you said, I haven’t had a special since we’ve, I’ve lived here and I’ve lived here for over 40 years and you know, I sit there and I look at my daughter that’s getting in. Fargo.

00:27:36,470	I know it doesn’t go into it, but she’s getting full pavement and she paid $900 for a full assessment and everything else and it just. $20,000 is a lot for.

00:27:56,070	Per household just seems to me and to go over a 15 year period and I keep bragging on it, but you know, it’s just my opinion, so for for. I know I do and I know the other fellows here appreciate everyone that came here tonight because this is the first step. And working together to better our communities and without your participation and everyone seated here that first step is not possible. So thank you all.

00:28:20,300	Good, do you know how many opposed the Attorney in opposition to it. Well we could put up I didn’t get the paperwork, so I’ll grab the paperwork and if it was listed, he had the map up earlier and it was. Oh, OK. It was substantial.

00:28:42,270	Yes, Mayor commissioners, you know, by parcel, it was uh 310 out of 494 and then by area it was uh 557. Non 57.6. Out of 104.2 acres, and that’s that’s the number that matters right there. This 53%. Um, protest rate. OK, thank you, Jared. Thank you, Tom. Anyone else OK. Um, Yes Oh, sorry. I’m Travis Stremer, um, 210 10th Avenue, North West, um.

00:29:30,830	So I just would like to echo the concerns of the last gentleman because Um, You know, you can go 5 years paying on a house and the bank and the insurance company and the taxes are going to take everything you might get. What, 10% equity? Maybe 15. And. If the city comes along and takes.

00:30:00,070	That equity with one stroke of a pen, it’s kind of discouraging, you know. Um, I guess. You know, that’s uh, I realized that there are reasons to spend the money, um.

00:30:23,000	But I’d like to know, I’d love to have the sheet that shows the breakdown because if it was me looking at that from a business point of view, I would want to know what can we cut out here? What can we? Do we need everything in this at once, and I realized some things are interdependent, so, um. For example, the water, obviously you have to redo the streets. But um. Yeah, I would love to see that and.

00:30:46,470	I’d like to see like more discussion on what could be whittled down or taken out of there if there is such a thing. Um, but basically. If somebody comes along and takes your equity. On what prevents them from doing it again.

00:31:11,000	And why are you trying to pay off a mortgage when It’s, you know, my neighbor actually told me he paid $18,000 for his house and granted that was many years ago, but that must be really discouraging to him, you know. It’s like starting over. So I don’t I don’t know what there’s a lot of retired people too, and most of the people I spoke with felt the same and.

00:31:30,770	I just like to respectfully say if there’s a way we can discuss this and. Maybe get a lot of the work done that’s necessary, but maybe some of it that might not be as necessary. I don’t really know what’s not my expertise, but. It’s a lot of money. Yes, yes, it is Travis, and thank you for your comments and one of the things, uh.

00:31:53,730	In order to lower expenses, we’re doing everything at once. I and I think that’s. The smart approach so that we’re. We’re not coming back to 2 years later and digging up the street. So I said we’ll we’ll do everything at once and we’ll see you in 20 years. You know, costs aren’t gonna go down. The costs are not going to go down.

00:32:15,600	But uh the other question I had is how many areas of the city. Are gonna need this. And that that haven’t had it or which areas have it. Uh, have had it. I guess I’d love to see a map of that. I would say my neighborhood’s an ex, so Jarek. All right, well, thanks.

00:32:36,970	Thank you, Travis. Derek, did you want to comment on that? I certainly can try, but um, I don’t have that map prepared, but we do have a, we do have a map that shows, um, several of the recent street improvement districts, uh, or the treatment improvement districts that we’ve completed over the last

00:32:54,000	several years, as well as the 9. That we have studied. In these, in this last about calendar year, um. And yeah, there’s there’s quite a few areas of town that need significant attention and um we’re trying to chip away at it. OK Thank you.

00:33:20,130	Any any other comments? If none, this is a 2nd call for comments. If none, this is the 3rd and final call for comments. Commissioners, any other further comments? Mayor, just one quick comment here.

00:33:43,930	We talk about cutting certain things out of projects that can be difficult because you call an engineering firm in and you, you tell them what you one does kind of you, you call the contractor and you say I got this bought in my house, I want this fixed.

00:33:54,500	He says, well, we need to do this and this and this, he said, well, it’s too much, so I want to cut this out, this out, but it says, yeah, but if you cut this out, your roof’s gonna leak or you’re just gonna happen, you know, so it’s difficult sometimes to Pick and choose what you like caught out sometimes because of the expertise you rely upon. You know, and, and, uh.

00:34:14,130	You know, it’s just not an easy thing to do when you, you can look at some things, but some things you can cut out and you rely upon the expertise of others. We were up here rely a lot up on engineering and engineering firms that tell us because we’re, like you said, we’re not experts, and you know, we don’t know specifically how these things are interrelated. Jerk? Um, Mayor Comm.

00:34:37,100	on this project, we did not go to bid, but um we do go through the competitive bidding process, um, when we do these types of projects. Um, we would not go through the bidding process now that the pro the the district’s been protested yeah. Yep. OK. Any further comments? If not, I would entertain in motion. To uh Close the public hearing. I’ll entertain that motion.

00:35:08,200	I move to I entertain the motion to close a public hearing. We have a motion. Second OK. We have a motion by Comm. Schoberg seconded by Comm. Rohr. Any further discussion? Hearing none roll call, please, Comm. Hainan. Ron, roar. Schoberg. Mayor Frelick, yes.

00:35:37,400	And Mayor, we do have a motion to approve the resolution determining the sufficiency of protest also. OK, so we’re gonna. Uh, have a motion to approve the resolution determining the sufficiency of protests for the street Improvement District number 238. I move to approve the resolution determined not to protest street Improvement District 238 is sufficient. I’ll second that. So we have a motion by Comm.

00:35:59,400	Rohr, a second by Comm. Schoberg. Any further discussion? Hearing none roll call please. Commissioners Commissioners Uh, thank you all for coming. You’re invited to stay for the uh. We’re gonna start the budget hearing soon. So, but thank you Coming participating in our democracy, voicing your concerns. Item number 2, public budget hearing scheduled. Ordinance number 1452. Adopting the 2025 budget.

00:36:44,670	Mr. Welch, it will give We’ll take a moment here for everybody to. Good evening, Mayor and commissioners on August 6th, the budget and Finance Committee presented the preliminary 2025 budget.

00:37:29,000	To the city commission and the board approved the introduction and first consideration and call for public budget hearing of ordinance number 1452 adopting the 2025 budget this evening is the appointed time and place for the city commission to hear any and all protests or objections to the items or amounts set forth in the city’s preliminary 2025 budget statement. OK, thank you, Greg.

00:37:49,230	Is there anyone that would, this is a public hearing, so if there’s anyone that would like to come forward. For comments Again, please state your name and address and sign in. Good evening, Mayor Freilich and Commissioners. My name is James Carroll. I live at 3024 Hillside Road, Northwest. Uh, I first want to thank you for going through what you do, uh, being a Comm. is not easy. It’s a time commitment.

00:38:29,270	I’ve read through the agenda packets. They’re not short, right, so I I want to thank you. Um, I just have a few concerns, um, or things I want to bring up regarding our budget that was proposed. First would be the Mandan Airport Authority.

00:38:49,070	Uh, when I watched the budget hearing on the Mandan Airport Authority, um, The hangar rent and the hangar capacity is raved about. Uh, but the city of Mandan residents are subsidizing the airport and many people in the city of Mandan do not. utilize that airport. I almost feel like you are subsidizing the wealthy because you own a plane requires a lot of funds.

00:39:10,330	And the 500 dollars,000 dollars to the city of Mandan residents are subsidizing that airport with. Should be covered by the hanger rent if we can build one tomorrow and fill it tomorrow. Just a thought. Um, now, if that airport is creating more tax revenue than we are subs or. Providing in general fund taxes.

00:39:30,600	That makes sense, but I, I don’t have those numbers and maybe an analysis needs to be done around those numbers. I’m gonna work down the slides that uh Mr. Welch had put together in his presentation from August 6th, and I guess the next piece is the 11 new FTE. It’s a hard pill, hard pill to swallow.

00:39:47,800	The hiring market continues to be very difficult. And unemployment rate is right around 2%. LinkedIn states that the city of Mandan has between 51 and 200 employees. So growing by 11 means that we’re growing at a minimum of 5%. And maximum of 20%. Depending on where the final count of, uh, FTE is for the city of Mandate.

00:40:08,900	In a time where people continue to pay more and more for everything. An example of the street Improvement District that was just here. Why is a city are we not looking to pass on those savings to the taxpayers instead of absorbing the evaluation increases on our homes and our businesses. Since 2019, my home has increased, uh, 39.5% on paper.

00:40:29,900	I haven’t received an additional $1 but it has certainly cost me more. I don’t plan to move as we enjoy living in Mandan. My son has started kindergarten, and so those quote unquote gains won’t be recognized anytime soon. I understand you guys are not responsible for valuation, but that’s how we build our budget.

00:40:49,070	I’m not a proponent of measure 4. But at times, because local decisions should be made by local people, and the state doesn’t have endless money. But action like these make people want to support Measure 4 and vote to eliminate property taxes on assessed value. From my research, only Fargo and Bismarck have an assistant city administrator.

00:41:11,600	The populations of those two cities are 135,000 and 75,000 plus. What does Mandan need one with a greater population when cities with greater populations such as Grand Forks, why not, Wells Fargo, Wilton, and Dickinson do not. Again, from my research, it appears that the assistant city planners are also limited across the state.

00:41:30,830	The 3 biggest cities in Fargo, Bismarck, and Grand Forks do have a named assistant planner. But most other localities only have some kind of staff such as a senior planner or a planner tech like that. But looking at the revenue projections for the planning department. 2024 will end up below the previous 3 years.

00:41:48,900	2025 is the budget is projected to be right around the axles of 22 and 23. It makes me wonder if the revenue of the planning department is not going up. Why do we, why are you calling more staff to complete the same amount of work. I spoke with Ms.

00:42:06,600	Berger via email last week and no job description has been, um, created for those three positions, including the administrative assistant. Shouldn’t this take place before proposing a new position and funding it? Shouldn’t we have an idea of the job duties of the new position? The computer and IT systems manager. I agree that IT and IT security are critical at this point. I support this position.

00:42:25,900	However, I don’t support the fact that the position has already been posted utilizing general fund reserves. Management has the discretion to utilize the funds as needed. But what if the position wasn’t approved? The budget should be presenting the position that would be cut to fund the IT manager if it were not supported by the commission in the 2025 budget.

00:42:42,000	This makes it appear the position has been funded without input from the public. As for the remaining positions, public safety is imperative to the city of Mandan. I hope the federal funding ends that there’s additional federal funding available for the police officers because the cost of the taxpayers will only grow down the road.

00:42:58,330	Firefighters being trained to open up a new station up north only makes sense. And we all like equipment operators in January. My only thought would be around making this position temporary.

00:43:17,070	My understanding is it’s related to more Memorial Highway, but once this is redone, will there be significant work outside of the snow season? Moving into utility billing, the rates are going to be increasing. It’s an estimated about $60 a year. I know we get a uh general fund transfer from the utility, um, fund as it makes money. So how much of that utility increase is actually going towards Um, the new projects that were mentioned.

00:43:35,400	Or is it a funding mechanism of the general fund to pay for salaries and other costs. And then also the unreserved fund balance use of $457,000. What happens in 2026 or 2027 when positions are filled and we don’t have the unreserved fund balance. Down the road, it’s gonna increase meals.

00:43:54,270	We’re gonna have to increase in mill levies to, to pay for that. My, my final point is the Mandan public schools had their budget hearing last night, but won’t be approving their final budget until October. Well, why can they hold off? To hold to approve their budget, but a decision from the city of Mandan will happen tonight after hearing my concerns for the first time.

00:44:13,330	Unless it’s required by law, it gives the appearance of listening to the public, but not hearing them. So I appreciate your time and I stand for any questions. Thank you James Mayor James just uh just quick comment, you know, one of the issues that we’re looking at.

00:44:31,130	As an assistant city administrator is, uh, Jim here. He’s been a while. He’s gonna be retiring. I’ve worked in cities for 40 some years with the city administrators, city managers, that is a critical position. You have to know what’s going, you have to know the city, you have to know so much.

00:44:46,400	You have to have so much institutional knowledge to do this job right. Jim just doesn’t retire and then the next day we pull in a city manager. It just doesn’t work that way. And so. I consider it partly as a training preparation time for Jim’s position.

00:45:02,530	You know, that may not be the full entire, you know, totality of it, but you know, that is a point of view that’s worth considering. I would certainly agree with you, Mayor and commissioners. I would certainly agree with that, that, uh, idea, um. If Jim’s going to retire and we’re going to need to train somebody that makes sense. But that cost doesn’t stop.

00:45:21,130	3 years down the road. And so then do we go and hire another individual closer to retirement and continually use that, uh, position as a training ground at the cost of the citizens? Or what if we go and hire a 4 year old 40 year old, and now we have two positions on the books that we

00:45:36,230	haven’t had and we’re in a city of 24,000 when there’s many other cities such as Wes Fargo that’s growing exponentially, double the population that don’t have that. That’s a good point to consider as well. Thank you. I appreciate that. You’re in-depth look at the budget here, you know, not everybody does that.

00:45:53,670	Well, I’m an accountant CPA by trade, so it’s what I do and I I dig into the numbers and, um, you know, I, I appreciate everything that everybody does, um, but, you know, since 2020 have gotten up exponentially.

00:46:12,930	And, and so you saw, uh, protests from the individuals here that were protesting the street Improvement District, and, and we’re all feeling those pains across the city in different ways, so. According to the budget timing, I have checked. I don’t we follow the state law and how we have the, uh, the final budget hearings and approval is, is not what we follow there, Jim. Uh, Mayor Frelick and Comm. Rohr, the timeframe set for the.

00:46:35,330	For the initial preliminary budget hearing has to be in August and enough time for us to move that information into Morton County so that they can get the, the notices out in August. The the final budget hearing is usually at our scheduled 2 scheduled meeting in September.

00:46:55,130	Because we have to have the commission not do it and then have another meeting later in September and do it. Yes, that’s a possibility, um, but our typical, um, the way we do things has been we will have the final, um, budget hearing. Or the public hearing, um, the second meeting in September.

00:47:19,330	James, did you feel you had, you know, when his budget begin things we start in April, do that, um. Did you only recently start looking into it, or do you think you maybe had time before that you could have took advantage of and checking this out. Uh, mayor, commissioners, uh, so.

00:47:39,170	We obviously as uh families in this community don’t have the commitment that you guys do to look at this, right? I mean, yeah, and the information may be available in the resources and so. I, I mean, we did get our notification by August 31st of our proposed property tax and the budget information, um, was available.

00:47:58,000	My biggest thing is if I don’t sit down and write an email to you guys getting you this information and let you guys, you know, digest it. You’re gonna vote on this here after we, we as citizens stepped down and. Then you’re gonna make a decision.

00:48:19,770	So I spend my time putting some stuff together, give you this information, and you need to either make a quick decision on a budget that’s very important, you’re projecting out 18 months from now if you’re gonna have enough payroll costs. It’s, it, it’s a hard thing to do. And so if it’s not required by law, my recommendation would be to let the citizens speak and then take it home, digest it.

00:48:36,170	You don’t have to make any changes, but at least it would make us feel valued and that our opinion was looked into because there are some valid questions I think that I presented. But you’re not going to be able to make that decision here in the next 5 minutes.

00:48:53,230	You know that that input from the system is important and, and we, we don’t always realize, you know, what modes. communications work best and what time frames work best and. I mean maybe we perhaps we need to be made more aware of that at times. Everybody learns differently, right? So That’s my grade school teacher told me anyway.

00:49:21,030	Anybody else Is that something that we could maybe look into is, is getting more information out to the citizens of the community earlier or not? Mayor Frelick and Comm. Schoberg, the, the original consideration of the 2025 budget was August 6, 6, I believe.

00:49:51,770	Um, so in between August 6th and up until yesterday we had had really we’d received no comments from the public, even though, um, that preliminary budget presentation was made on August 6, um, so I think, could you do things differently? Absolutely, could you take into consideration comments that you hear tonight and come back at a special meeting before the end of September. That certainly is a possibility.

00:50:14,730	I know that it runs into time crunches as uh folks, um, will, will be here or they won’t be here and it’s just a scheduling matter. But I would also add that, um. You know, The feedback that we’re hearing is very good, so I appreciate the time Mr. Carroll has gone through and taken and done a deep dive.

00:50:35,000	Into the budget as much time as he as he could, would always invite him to come in earlier in, in the process and make those concerns known so. If I may, Mayor and commissioners, I appreciate that it’s not the lack of information being available.

00:50:54,800	It’s the only way of communicating with you would be via email, right? The public hearing in my mind is for me to step up here and speak with you face to face. So if I stand up here and I give you my concerns and then you turn around and vote on it.

00:51:10,270	There hasn’t been a lot of time to digest that, make any changes, sit down with the finance department and say, OK, this, this is what’s the impact of these changes if we, if we do this. Right If And I don’t know the state law as well as the the experts in this room, but.

00:51:28,400	Is it a city of Mandan? Likes to have their budget done by October 1st, or is it the city of Mandan is required to have their budget done by October 1st because why would the Mandan public schools be different. But again, I’m not, I’m not the expert in the century code there. Mayor Fli and commissioners the the due date is October 10th, I think is when we have to have that budget submitted to Morton County.

00:51:48,630	Um, and again, uh, in the past, and we have looked at how to, um, to address some of the concerns on the the positions that are being added in the 2025 budget, we have looked at those and for the next 3 years and figured out ways that those can be funded with existing resources and things like that, so we have

00:52:05,800	done more than just simply look at the 2025. Yeah And I think 5 years going forward, right, the commission’s actions recently have uh have given us the ability to look 5 years forward, so we’ve done the 3 and we’ve also, we, we look in the future also so. OK.

00:52:26,600	In those discussions have been had with with commissioners during those meetings also. Yeah, any other questions? Thank Anywhere else If done second call for comments. None 3rd and final call for comments. If not, I need a motion to close the public hearing. We’ll make a motion to close a public hearing. We have a motion.

00:53:10,930	Could I have a second, please? With a motion by Comm. Schoberg, seconded by Comm. Brown. Any further discussion? Roll call vote, please. Yes Shoberg. He raun Mor Frelick. Motion passes. I’d just like to thank. rig and the uh. Financial staff for putting all this together and all the department heads for getting their budgets in. And we need now to move to.

00:53:48,830	Item K on your agenda for the resolutions? Associated with the budget. Um, Mayor commissioners, um, the next resolution pertains to Increase in the water and sewer utility fund base rates. That is, um, in your agenda package, and I would certainly stand for any questions if you have there.

00:54:17,230	These base rate adjustments have been incorporated in, uh, the 2025 budget. Yes, yes. Need to take action on approving the 2025 budget ordinance. OK, so this is the 2nd final consideration of ordinance number. 1452 making the annual appropriations for expenditures or expenses. Of the city of Mandan, North Dakota for the fiscal year commencing. January 1, 2025 and ending December 31, 2025.

00:54:55,730	And making the annual tax levy for the year. Commissioners, are there any questions, Greg? Greg, if I may. Um, based on all the meetings that I did attend. Essentially the Changes in the 2022025 budget. We have the money on hand to pay for everything, is that correct? Araic Comm. Schoberg, that is correct.

00:55:28,770	Um, the finance department not only looks at uh the current year budget. And kind of reassessing the, the fund balance projections we all stake in account, of course, the 2025 budget that is before you, but the finance department, uh, looks, 3 years in advance, which is now going to be 5 years in advance with the action that the city commission

00:55:48,400	took on August 20th to increase that planning horizon from 3 years after the future or the next year’s budget to 5 years in the future. So the question regarding, let’s say the positions we have modeled that out in our cash flow projections all the way through, um, our planning cycle and the city is able to sustain.

00:56:11,870	Um, those expenditures. OK, thank you. Any other questions? Not I would entertain a motion. I’ll make a motion to approve the second and final consideration of ordinance number 1452 making the annual appropriations for expenditures or expenses of the city of Mandy, North Dakota for the fiscal year commencing January 1, 2025 and ending December 31, 2025 and making

00:56:48,130	the annual tax levy for the year 2024. We have a motion You have a 2 I’ll second it. OK we have a motion by Comm. Han Chan and a second by Comm. Schoberg. Any further discussion? Hearing none, roll call please. Comm. Schoberg Heins Run yes.

00:57:21,870	Well, second item under resolution and ordinances consider resolution establishing rates and charges for services from the water and sewer utility fund. Commissioners, the information is in your packet, and I’d be willing to stand for any questions that you may have on the proposed rate adjustments that are in the 2025 budget.

00:57:44,270	Do you have any questions? Greg, and this might be with um maybe you can answer this, but to, to echo, um. Mr. Carroll’s, uh, question about the portion of the. The utility fund that what was the total dollar amount that we’re looking for for the Collins Avenue water reservoir piece. As far as the total project costs 7.5 million.

00:58:14,200	And then the The water treatment optimization phase 3 is what? 12.4 million. And the funding for that would be, um, 9.5 million from the Department of Water Resources through grants. The other 10.4 million would come from the state revolving loan fund.

00:58:38,730	Be 20 year loan at 2% interest rate and so the base rate adjustments that would be um needed which are proposed in the resolution would be to fund, um, the state revolving fund loan portion of those projects. So all of it, all the base rate adjustment would go to those projects. Any further questions? Anyone I would entertain emotion. I make a motion to For the resolution establishing rates and charges for services from the water and utility.

00:59:14,470	And I’ll second that We have a motion by Comm. Rohr seconded by Comm. Schoberg. Any further discussion? Hearing none roll call. Comm. Hanan Braun roar Schoberg, Mayor Frelick, yes. Item number 3 and the resolution and ordinances. Consider resolution establishing rates and charges. For services for solid waste utility fund. Uh, mayor commissioners, uh, the first part of this is, um.

00:59:50,330	Uh, base rate adjustments for the utility bill for garbage collection and recycling. Um, services that are contractual and so the base rate adjustments would just reflect passing that cost of service onto the utility bill, so it would be for um the monthly base charge increase per family living unit for garbage collection would be 5 cents per

01:00:12,670	month and for recycling 61 cents per month. And the other part of the resolution would deal with proposed landfill rate adjustments of which, um, Mitch can certainly speak to those. So these are just our, our garbage vendors. Passing on their increase commissioners, that’s correct. OK. That also includes the recycling. That’s correct.

01:00:44,130	Any other questions? Mitch Mitch, could you maybe come up and Speak to the landfill issues, please. Evening Mayor and commissioners. Mr. Schoberg, I’ll answer any questions you may have. Um, Just wondering, you and I talked about this before, um. Approximately how many years are left at the current site? Uh, mayor, uh, commissioners, Comm.

01:01:16,600	Schoberg, um, approximately 20 is what we’re at right now. We’re with the new public works director on board that was one of the topics of conversation yesterday about needing to look at a long term uh master plan to make sure that that number’s accurate, but that’s approximately 20 years, I guess at this point.

01:01:36,400	OK Any other big changes that you can see coming along the pike? For for the current landfill. Mayor Comm., nothing significant as far as operations, uh, there was the largest increase in the rate is related specifically to uh the disposal of mobile homes.

01:02:02,630	Um, That that substantially increased due to the fact that our sister city also raised their rates substantially so we were fearful that if we don’t keep pace with that rate increase will experience, uh, excessive, um. Amount of disposal of mobile homes at our landfill, so we’re matching that rate. So we actually take care of old. Old mobile homes. Mr. Mayor, Comm., Comm.

01:02:27,330	Schulberg, yes, if somebody, uh, companies do bring mobile homes out to dispose of the inert landfill, correct? OK. Well, see, I’m learning something new every day. Um, and I can say having retired from Johnson’s wrecking, we got our fair share of of of uh. Of uh campers. And Although they’re on a much smaller scale than a mobile home.

01:02:50,430	They are literally a nightmare to take care of by the time you take care of all the, all the hazardous stuff that’s contained therein. And separate out the precious metals from. Uh, hazardous items, and again, we have more in the mobile home in the uh campers because the powered by petrochemicals and they have the petrochemicals and the axles and transmissions.

01:03:13,870	I understand that. But uh. Um, mobile homes, um. Would rate, in my opinion, right up there with with the difficulty in recycling those and there would be also some some EPA hazardous materials uh considerations to take into, uh, Uh, the thought process of properly doing that so the city does not get fined

01:03:38,230	by the EPA. Is that correct? Mr. Mayor, Comm., that is correct. Uh, and, and you, as you mentioned, just the simple um. Uh, being cognizant of our actual space out there, so I mean they, they take up a lot of room if we don’t take them apart and dismantle them properly, so yeah, it’s they’re

01:03:57,030	very labor intensive and uh there’s some special treatments that need to occur with mobile homes, so that’s correct. OK, thank you, sir. Any other questions? Carry on, what are your wishes? I move for establishing rates and charges for services from the solid waste utility fund. Second, we have motion by Comm. Braunun and seconded by Comm. Henshaw.

01:04:23,070	Any further discussion? Hearing none roll call please, Comm. Braun roar, yes, Schoberg Hech Mor Frelich. Item number 4 for consideration of ordinance 1454. A PUD planned unit development.

01:04:51,270	Amendment for the shores at Lakewood, Andrew Mayor Frelick, if we could please head up to public hearing number 3, we need to have a public hearing on this first as part of the preliminary plan PD4. The shores at Lakewood. We, we have to move up to public hearings first and then we can come back to this item. I can’t hear you Andrew.

01:05:11,730	So we’ll we’ll need to go up to public hearings number 3 for the public hearing and then we can make a motion on the ordinance later on. So if you would introduce item number 3, I can take that one. All right. Consider a final plot and PUD amendment for shores at Lakewood’s 2nd edition.

01:05:36,730	Andrew, Mayor Frelick and commissioners, this is a request from TRX developers for the final plot of shorts at Lakewood 2nd edition on the screen is a location map for your reference. This is a property that’s been under development review for quite some time, I believe it was submitted to the city in January of this year. The proposed request is for 47.06 acre residential development. It would have 103 lots in total, 99 of them being residential.

01:05:55,970	The PUD that’s associated with this generally dictates some residential forms. will develop on the property, um, overall, it’s minor adjustments to the regular base zoning setbacks so we have a mix of our 3.

01:06:19,200	2 and R7 residential districts with slight 1 ft reductions and some kind of streamlined setback standards that would apply to this um specific planned unit development. In a kind of I guess specific way. So with that being the location, uh, the preliminary plot is also contained within your packet. You know, head up to that. In general, the development will include Um, A mix of residential lots as I stated, um, a new city lot for a lift station a couple private parks.

01:06:45,600	And um associated road development, uh, public streets, and private streets as well. The development will be accessed from McKenzie Drive and from Oxbow Trail from the south as well. And this is its general layout. It will be situated around a common stormwater and amenity pond. The PUD amendment, um.

01:07:09,230	Adds um a little bit more specificity to the detail of the development and also includes the developer requested inclusion of three unit homes that would be based in an RM district. So, um.

01:07:27,270	Really the only big change would be that on the slot 36 here in the north part of the lat just south of Mackenzie Drive and on lot one here in the south end of the subdivision, uh, that’s where those 23 unit structures would be permitted to be constructed under the RM zoning.

01:07:44,870	As I said, we’ve been looking at this for quite some time and overcame a number of hurdles in collaboration with the development team and we are recommending approval of the PUD amendment, which is Ordinance 1454. As well as the final plot for the shores at Lakewood 2nd edition. With the contingency that development development agreement be crafted, um. Prior to Full approval of the plat getting it signed and, and things like that.

01:08:05,170	So, like I said, a recommendation is for this to be approved. You can call for a public hearing for the final plat and for the zone change and make a motion for the final plat under public hearings and make a motion for the zoning under resolutions and ordinances number 4. Do you have any questions for me? Hearing none will open the public hearing.

01:08:28,200	There’s anybody here that would wish to comment on this? Certain call for comments. 3rd call for comments. Commissioners, do you have any comments? OK, hearing done, what are your wishes? recommend approval of the 5 month la. I second that. We have a motion by Comm. Han Chang and seconded by Comm. Schoberg.

01:09:19,300	Any any further discussion? Hearing none roll call please. Comm. Rohr. Schoberg. Henshaw Braun, Mayor Frelick. Yes. So we’re gonna move to K Andrew. 4, please. Just helps with our bookkeeping. So we’re gonna go with the uh item, um, agenda K. Item number 4, 1st consideration of ordinance. 1454 PUD planned unit Development amendment for the shores at Lakewood.

01:09:54,030	Murray, Comm., I outlined this request with the public hearing, uh, prior, this just details which lots in the shores of Lakewood will be zoned, which districts and um. would be the kind of instrument that gets this plat and subdivision into the PUD district as presented earlier.

01:10:14,300	So we are recommending approval of the first consideration of Ordinance 1454. It will return for a second consideration at our next meeting. Do you have any questions for me? Any questions? Andrew, um, some of the issues that were discussed earlier, you’re saying I’ve been satisfactorily, um. Taken care of by your office and and engineering and fire.

01:10:41,900	As as far as um Fire department access and The close proximity of. The dim city of the housing areas, that’s all. Good to go in accordance with city ordinance. Mayor E Comm. Schoberg, that is correct. OK, thank you.

01:11:24,870	Any other questions? Hearing none, commissioners, what are your wishes? Mayor of City commissioners, I would move to approve the first consideration of the ordinance 1454 contingent upon a development agreement. We have motion So here a second. The motion by Comm. Schoberg, seconded by Comm. Hanchand. Any further discussion? Hearing none roll call please Commissioners Schober yes. Now we were are on to. Our consent agenda. I do believe correct. Mr. Neubauer, Yes. Give us one minute. OK, item number 8 consented agenda.

01:12:28,330	Item number one, consider approval of monthly bills. Item number 2, consider approval for the Mandan Police Department to close the 200 block of First Avenue Northwest. On Thursday, October 31, 2024 from 3:30 to 6:30 p.m. Item number 3. Consider approval of the special event permit for the National Good Neighbor Day celebration.

01:12:57,670	Item number 4, consider the following abatements Polker back abatement, Burke abatement, Hoff abatement. Item number 5, consider request to close 24th Avenue Southeast to make utility connections? Item number 6, consider cost-share amendment for the Collins Reservoir project. Item 7. Consider approval for the fire department to award a bid for the source capture exhaust system.

01:13:29,670	To Magnagrip, is that correct? Number 8, permission to dispose of obsolete vehicles? Number 9, consider minor plat for Zooger edition. Item number 10, consider gaming site authorization for North Dakota friends of the NRA State Fund Committee LLC. Item 11. Consider Elane closure request for Collins Avenue at Division Street.

01:14:00,800	Item number 12, consider a flex pace letter of support for financing of remodel. And build out for Midwest rentals Incorporated. Item 13, consider the addition of paddle wheel to the gaming site authorization for the scapegoat bar. From October 1, 2024 to June 30th, 2025. And 14, consider a budget amendment for the engineering department to purchase a new vehicle.

01:14:37,530	And Item 15 under the consent agenda consider minor latt for replat of lot one and lot 2, block 2. Of Rockwood Rockwood first edition. That’s it. So Are there any items you would like to remove? Mr. Mayor, if I could, uh, for educational purposes. For the folks that have been sitting here with us all night. Uh, I would like to pull number 6 and number 8.

01:15:13,870	And approve of the others. OK. Items 6 and 8 are pulled. Can I get a motion to approve the rest of the consent agenda? I’ll move to approve all the agenda items except item number 6 and number 8. I have a 2nd. OK, we have a motion. Comm. Rohr. To approve the consent agenda.

01:15:45,870	Excluding items 6 and 8 in a second by Comm. Braun. Any further discussion? Hearing none, roll call, please. Comm. Henshaw, roar. Schoberg, Mayor Frelick, yes. Jarek, you’re gonna address item number 6. Comm.

01:16:20,070	, yes, is there any particular thing or I guess for for the educational benefit of those citizens that are still here, could you Address Number one, what is a cost share amendment and number 2, whom that might be with, and number 3, why the Collins Avenue reservoir project is on the plate. I’d happily do so. Um, the cost share amendment is, um. To many cost share that we currently have with the state water commission. Um, the State Water Commission participates in, um.

01:16:49,330	All sorts of distribution projects, which includes uh storage and our uh our Collins Avenue reservoir is, I think, 70 years old at this point in time, and is uh at the end of its life, and the State Water Commission agreed to a 2027% cost share based on the storage that they, um, that’s that is supported by their policy, the storage amount that

01:17:11,330	is supported by other policy. Um, The amendment itself is to amend the cost share. Agreement that currently only represents cost share participation in the engineering services, um, to a costs agreement that uh. Um, has this. Participation in the engineering services as well as the construction.

01:17:42,200	Um, is there any, does that answer your questions Yes, and that that entire project includes the removal of existing reservoir. Uh, Mayor Comm., that is correct, to remove the existing reservoir, as well as some sight improvements around that uh property. And that’ll include the blind, the blind, uh. Retaining wall area that’s correct. Thank you. I don’t item number 8. Permission to dispose of obsolete vehicles.

01:18:11,070	Uh, would that be Mitch? There you are. B Um, Obsolete vehicles to me as a car Guy, um, that means like 1967 Chevy pickups. What, what is an obsolete vehicle for the street department. So Mr. Mayor, Comm., Comm. Schoberg, uh, the two vehicles, 3 vehicles were requesting permission to dispose of tonight.

01:18:37,800	One of them, uh, is a 2001. F350 that was involved in a motor vehicle accident and it’s totaled out by insurance, um, we’re just officially requesting formal permission to dispose of that one and accept the insurance payment. The other two vehicles are a 1994. Chevrolet S10 pickup with I, I don’t have the exact mileage in front of me.

01:18:58,730	I apologize. Um, it’s over 100,000 miles, um. The Uh The repairs and maintenance on this vehicle as well as a 2004 Chevrolet Tahoe are just um. Beyond what we feel is a useful life of that vehicle at this point, um. I can get you further details. I apologize.

01:19:19,670	I don’t have them in front of me right now, but. No, well, you weren’t expecting this question either, so that’s all all on me. Uh, the, the 2004 um. Taho is, is that the one that the engineering departments um. Used up Mr. Mayor, Comm., Comm. Schoberg, that is not the same vehicle.

01:19:45,200	It’s very similar condition though, but it’s, uh, so the like this 2004 Chevrolet Tahoe, um, in its former life served as a police vehicle, which is, as you know, a severe duty, running 24/7 365, and then Uh, once they rotate them out of their fleet, we used them at public works for various um vehicles, and again, They’re, they don’t get highway miles, so the miles that are on

01:20:03,230	these vehicles are extremely hard and lots of idle hours and uh. We Try to make sure we right size our fleet and um have an optimal utilization rate so um that’s our recommendation to dispose of these two vehicles, and I can provide further details if needed.

01:20:20,900	Well, I know that the the engine time on our police squad cars in both Mandan and Bismarck police departments when I served both departments. Easily equals or exceeds the actual mileage. So Uh, thank you for your educational time at the at the podium there. I appreciate it much.

01:20:42,670	Mitch, on that first vehicle when you collect insurance, does that go back directly into the utility or excuse me, the public works, or does that go back into the city? So Mr. Mayor Comm. is a finance director Walsh will answer that question. President Frelich, Comm. Braun, whenever there is an insurance reimbursement. It goes back to the department where that vehicle is, um, designated for. So if the insurance.

01:21:09,530	What if it was a vehicle that was in the street department. Um, That money then goes back into the general fund because the street department is part of the general fund if it was the utility maintenance department, then that money would go into the water and sewer fund because utility maintenance is within the water and sewer

01:21:25,870	utility fund. Thank you, Greg. I’ll move Approved items 6 and 8. Yeah The consent of Jaum items. 2. OK, we have a motion to approve items 6 and 8 on the consent agenda by Comm. Rohr, a second by Comm. Brown. Any further discussion, hearing none, roll call please, Comm. Braunun Roar. Yes, Schoberg.

01:22:00,300	Mayor Frelick. We have no old business, so let’s move on to new business. Madison Yes. Consider Renaissance zone residential rehabilitation application. Or 206 6th Avenue Northwest. Yes, um, mayor and Comm., um, I’m just gonna give a little quick, uh, background history of the Renaissance zone of the men in the Renaissance zone.

01:22:30,530	It consists of 37 blocks along Main Street and the downtown area, including both commercial and residential properties plus a non-contiguous area along Memorial Highway. People making substantial improvements to commercial properties or homes in the zone may qualify for property tax exemptions and state income tax exemptions for up to 5 years. That’s my little spill.

01:22:50,800	But the Renaissance Zone Committee met on September 9th, um, 2024 to consider an application for rehabilitation of a home owned by Heather Hoover. Improvement plans are to remodel the front porch, ground level grating, and reinstall new deck framing, the home at 206 6th Avenue Northwest was built in 1907.

01:23:12,200	The remodel of the front porch will improve the home’s aesthetic and original look. Cost estimates total to about $117,798 and to qualify as a Renaissance residential project, the minimum investment must be at least 20% of the structural value, um, Heather’s home is valued at $162,200 so she is much over that. Um, and at least $15 per square foot of main floor area.

01:23:37,930	Um, so, kind of the math with the 20% of 162,000 is 32,000 and then $15 per square foot would be at $2000. So again, she is very much um. Exceeding the minimum investment. Um, the applicant plans to begin construction upon approval and hopes to have the project completed by this time next year.

01:24:01,870	I’m sorry and I didn’t show the pictures. Um, here on the screen. There’s the pictures of her, um. Deck that she has now. She had said that originally they don’t have a covering of it, so. That’s Kind of her big thing.

01:24:31,730	And actually she is doing this project because her neighbor Erin Avig also came here to do um a residential renaissance zone project. So he talked her into it and to have a nice looking home. And the man in Renaissance Zone committee voted 60 with one person absent to recommend approval of residential rehabilitation application for 206 6th Avenue Northwest by Heather Hoover as a Renaissance zone project to include the 5-year 100% property tax exemption on the

01:24:54,800	entire value of the improved structure in the 100% 5 year state income tax exemption. Heather had to be at her son’s soccer game tonight, so she was not available, but I can answer any questions. Any questions for Madison? Madison just in case anybody’s wondering, the, the neighbor that recommended this to, uh, Heather is the.

01:25:19,800	The next house south. Of Heather and I drove by there and that’s a mighty big improvement Mary Comm. Shoberry, correct, um, Erin came in in 2021 to do the project. Um, it took them.

01:25:43,800	Couple of years, but It did improve the look and Heather saw that and wanted to do the same, so it’s what Andy commerce wants, so we’re excited about it. OK, thank you. Any further questions? I move to approve the. Regen’s own residential rehabilitation application for the address of 206 6th Avenue Northwest. Second A motion by Comm. Rohr, seconded by Comm. Schoberg. Any further questions? Hearing none, roll call please, Comm. Roar.

01:26:22,270	Schoberg Hainan Item number 2 on new business consider issuance of special use permit and approval of minor plat. From Missouri Point shop condos, Andrew. Good evening again. Mayor Frelick and commissioners, um, I’ll pull up a location map as I introduce this item. This is a request from Monty and A, uh, the property is on the screen.

01:26:44,600	It’s a CB commercial lot in Southeast Manden at the end of Mackenzie Drive, our future land use distinction for this property is commercial as well. Um, at the end of last year, beginning of 2024, an application was submitted for multi-use shops or shop condos to be developed on this property, uh, following a few different planning and zoning commission.

01:27:03,400	views it’s here for the ratification or I guess final issuance of the special use permit. Um, as I kind of talk through the item, I’ll pull up the site plan for. Just your Visual understanding of the project. Um, And I will use this one, it’s a little cleaner. Apologies for jumping around here.

01:27:30,530	The proposed development would consist of 3 separate buildings to be constructed in phases. I believe buildings 2 and buildings 3 would be the first phase and it would consist of the roughly 12 units to be constructed around that central access drive with uh the water being on. The east and north in the Bridgeview Bay and Missouri River.

01:27:55,970	Especially use permits are required for multi-use shops, um, generally related to some of the negative externalities or kind of negative things that can stem from. Commercial uses, particularly the kind of multi-tenant commercial uses that do flex in use over the. Over the lifespan of the structures, the criteria for special use permit are included in the packet. Uh, there’s a.

01:28:18,830	Um, city criteria for special uses that based on ordinance number one for ordinance section 105 113D and 10515K uh need to be met for special use permit to be issued. I kind of stem around.

01:28:42,370	Um, how harmonious they are and adverse effects that they can have on neighborhoods following the review, we do find that this project is um able to meet the criteria for the city’s special use permit to be granted. A special use permit has been drafted for this. And pages 1 and 2 of it do detail the restrictions and regulations that. Um, the development and construction and use and kind of continuing character of use of the property will have to follow. Um, there are.

01:29:09,500	20 or so conditions that need to be followed and they range from how well the utility billing to um how lighting can be installed on the property, for example, so. Those will be kind of the guiding um city enforced regulations for this property on top of all the other zoning regulations that are in effect, that are pertinent to um.

01:29:31,370	Things that go on on the property. With a little bit more background, um. Originally this item was presented to the planning commission with a recommendation to deny it, the planning commission did choose to approve the development to take place in this location.

01:29:52,730	Uh, following that there were some site plan issues that did prevent it from being approved, such as um not adhering to a zoning buffer and some landscaping restrictions that are required for properties in this area. So as recent as the August Planning and Zoning Commission, there was a a pending variance request for this item that would have.

01:30:10,900	Permitted a slightly different site plan to be developed should a hardship have been identified in a variance granted. The planning commission did not identify a hardship and did not grant a variance. The development team subsequently made modifications to the site plan that, um. Adhere to the city regulations and therefore can kind of it can come for final issuance.

01:30:34,570	Adjustments that were made, excuse me, a little bit of a coming over a little bit of cold, um. The adjustments that were made. Generally, um. Relate to buildings one and and phase two, I guess, and building number 3 and phase 1. There was an additional unit that was cut off.

01:30:57,300	Uh, if I could have the screen, I could show, um, there is an additional unit that was cut off from this building that would have been constructed in this open area here and then this building was shifted from being I believe like 10 or 15 ft from the property line up to being 30 ft.

01:31:14,430	In order to adhere to the city’s buffering requirement in the gateway to Mandan overlay, which requires 6 points of buffer and screening to be met with every site plan that Consists of a commercial property abutting a single family residential property. They will fulfill this requirement with a combination of a privacy fence, 4 rows of. Um, obscuring conifer trees and. The open space 25 ft. Be among they’re showing 30 ft on the site planned.

01:31:41,630	Um, so with that adjustment that’s been made that special use permit is able to be granted and there will not need to be a variance for this item. Right, if you weren’t able to see my screen earlier, sorry, I was looking at this one, the first two buildings to be built will be. This one here and.

01:32:01,370	And this one here along the river. Thought I maybe had renderings. I, I guess I don’t have any renderings in the packet, but it has been brought to architecture review for the the structural renderings of the of the the shop condo structures. They’ll be two stories with some rear decks on the river.

01:32:20,600	Also associated with this item is a minor plat, um. Less of an issue that there is a portion of land that was not owned by the development team that is necessary. In this minor plot combines that parcel.

01:32:39,230	That it’s part of Mort’s and it will be combined with this to make the development parcel, so the two items to be approved this evening are the issuance of the special use permit and the minor platform for Missouri Landing edition. Um, the recommendation for this evening is to approve the special use permit.

01:33:00,570	And the minor flat um with the contingency that a stormwater plan be submitted to the city and approved that the condo declaration be submitted to the city and approved and that it returned to Mandan architecture review for approval of the updated landscaping plan. Do you have any questions for me? Have you seen any uh renderings of the buildings are going to look like from the outside. Uh, uh, Mayor Freer, Comm.

01:33:23,630	Heins showed, yes, the renderings of the proposed structures have been approved by Mandan Architecture Review. I could probably navigate the website and find them in like a minute, but they have been approved, yes. Andrew, of all objections been settled. Um, Mayor Frelick. I do believe that. Um, well, as a courtesy, I did make the neighbors aware um there were some concerns from the neighbors.

01:33:46,100	We we’re not required to notify when a special permit is ratified by this board but provided the background, it felt like the right thing to do and I, I did have a conversation with the neighboring property owners on Friday regarding the updated submittals, and I believe that most of the things that are within the city’s purview have

01:34:02,700	been addressed. Um, we’re gonna keep an eye on how the lighting is installed and there may be some neighbor to neighbor private property requests that are. but those aren’t in the purview of the city’s regulations, for example, so. Uh, long story short, yes, I believe all the. The kind of conflicts that we can.

01:34:22,000	and have been addressed. OK, thank you. Andrew, um, one final one. Um, The um. The EPA stormwater and uh. Runoff issues maybe with the Corps of Engineers, that’s that’s all been squared away too, right? Mayor Helb and Comm.

01:34:48,630	Schoberg, the contingency includes that a stormwater plan be submitted to the city and it will be reviewed for all regulations. Thank you. Thank you Bob. Oh, Andrew, I’m sorry. You called me Mayor Helpling. I, I don’t know. fog, I call it. It’s OK. I think we all have brain fog tonight. OK. A moment of levity, thank you, Andrew.

01:35:29,630	Any further questions? I would just uh mention that appreciate the due diligence and overcoming those pieces because I think if you look across the river and there’s a a the bays are very valuable resources in this in both communities, and I think you see in the the north side of our sister community over there where there is some shops that are very close to the water and that are, uh.

01:35:46,500	Controversial for some folks, so I appreciate you doing the due diligence for the landscape pieces and and aesthetically making sure this fits, so thank you. Any further comments? If not Entertain motion. Wait Find it. Well I’ll help you out a bit here.

01:36:33,170	I’ll uh move to approve the issuance of a special use permit and approval of a minor platform for the Missouri Point Shop condos. Have a motion. A second in a second. motion by Comm. Rohr seconded by Comm. Hainan. Any further discussion? Hearing none roll call please commissioners Schoberg Heins Braun roar Mayor Frelick. Yes. Item number 3 under new business considering entering into an engineering service agreement with Moore and Barr Engineering. For the cemetery geotechnical evaluation project.

01:37:08,570	Riley Uh, Mayor commissioners, uh, so this is kind of the final step in the project here we’ve gone through a federal selection process, uh, so really the goal of this project is to complete a geotechnical exploration of the uh slope of the on the east of the cemetery.

01:37:30,230	Um, with this geotech decision that’ll be doing 8 borings ranging from 40 to 100 ft deep. Um, it’s kind of broken up into. Two phases I’ll say, uh, the first phase, this initial $2,000,000 will be for that geotyping one story geotechnical aspiration along with instrumentation installation and monitoring of that installation.

01:37:50,030	Um, and then that second phase will be testing the doing lab testing of those soil samples, as well as uh applying for grant funding with this first phase, uh, after it’s completed, we can then apply for some ND emergency services grant. And then once that second case is completed, we can apply for a federal grant.

01:38:09,300	Um, a little bit of background, uh, I’ve worked or I worked at the NDDOT Geotech selection for approximately 2 to 3 years prior to my position here at the city, um, and I did run these numbers by the geotechnical lead. I still have some contacts with them, um. And he said, yes, this makes sense. Geotechnical engineering is very expensive.

01:38:24,770	I mean, you have to mow drill rigs and a lot of this instrumentation ends up being sacrificial, um, if there is movement of the slope as well as it’s 100 ft underground, you’re not really gonna dig it up for any reason as well as it could be used for monitoring the slope in the future.

01:38:42,500	Do you have any pictures of the slope? Riley, yes, thank you. Pul up this if it’ll open. Yeah the screen pulled up. Uh, so this shows the drilling and sampling plan and you can see the slope here as well as I could pull up on a Google Maps if you want to see the actual photo rather than is that the.

01:39:14,900	There should be Are you showing the current slide on there? Uh, so it has moved since the most previous, uh, imagery date that we have, uh, more to do some drone footage, I believe, possibly of it, or planning on it. Um Sorry, the more engineering is here as well.

01:39:39,970	Good evening, Mayor, Commissioners, uh, Jared Clubunddi with more Engineering, um, there was some preliminary drone footage from last summer, but uh yeah, due to the recent, um, rain events, this slope has moved quite a bit uh recently, so we have not redone the drone videos since then, a lot of on on ground or boots on the ground photographs out there right now, but I think, I think

01:39:59,170	the Google Earth map he was gonna pull up should show what’s going on pretty well. Thank you So I have it pulled up on the screen again. So right here is the slope we were talking about. Um, so this slope issue has been present for many years and most recently in 2023, um, it moved.

01:40:29,570	And then during that large rainfall event we had, it’s moved again and it’s moving pretty rapidly, so the sooner we can get this monitoring equipment in place, the sooner we can kind of get a rate of movement and depth of movement, and that helps educate us in terms of a fix as well as kind

01:40:44,570	of how long we have until we reach a critical point when we no longer have the land there. So how far is that’s, uh, the cemetery road correct on the left side of the slide so how, how many feet between the road and the slide. This is a rough estimate, but.

01:41:10,300	Roughly 24 ft, um, that could be off due to Google imagery, but I don’t know that number off the top of my head, uh, staff has been. Doing what we can, we have set up two essentially uh stakes in the ground and I’ve been measuring with our survey equipment to see how accurate a representation for that

01:41:24,100	movement we can get, um, as well as prior to that, uh, Jason with Public works was measuring stakes too with a tape measure to see what the length was, um, and then if this does happen to uh move, it wouldn’t pack the railroad just to the west uh east actually, sorry, can’t talk, um, just to

01:41:44,130	the east as well as MDU transmission lines that are. Along that corridor and MDS MDU has planned a movement of those lines, uh, but that project has not taken place yet. Are there any graves in danger? Yes.

01:42:02,570	Can you bring that photo back up again? OK, so the nearest grave is just on the other side of this road here, so it’s very likely that this could fail back to that point, um, but until we get that instrumentation installed until we do kind of that uh exploration that is needed. We don’t know the rate of movement uh or the depth of movement, and that’ll really help us decide how big the fix will be.

01:42:20,100	So whatever the discussions with BNSF Bend? Uh, it’s just been very preliminary as to we’re gonna need to access your right away, um, be BNSF has a history of um over steepening slopes, uh, I’ve witnessed that in my time with the state, um, they kind of came through and bulldozed their railroad through, um, and then whatever

01:42:39,900	slopes happened happened, um, and then there’s kind of a history of. Things like this happening. OK, so tell me, just talk out now, we’re gonna get the engineering department in there. And uh. What are the next steps? Yes, the hills moving.

01:43:06,100	What’s the remediation? So we don’t really have a idea for the munation until we know that rate of movement and depth of movement because that really influenced a lot of things. Ideally, this is just an earthwork fix where we place what’s called a buttress, which is a large mass of earth on the toe of the slide, um, that would prevent any further movement because you’re essentially weighing down the

01:43:19,400	one side or the other side is going like this, um, that’s. Ideal scenario cause it’s cheap and easy to do, unfortunately, I don’t think that will be a fix with this.

01:43:35,130	I think more likely we’re looking at some form of retaining wall, and I’ve talked with Jason, uh, the grounds maintenance person and cemetery manager about we need to make sure that this still looks and feels like a peaceful and serene place. Uh, so we’ve had discussions with. Ourselves along with more engineering to make sure this is gonna look good and it’s not gonna look industrial or out of place. OK Any other questions for Riley? From a dollars and cents standpoint, um.

01:44:00,170	So these type of, these types of projects. could get federal funding potentially as well as state. So that’s the plan, that’s the, the reason we kind of started this project up where I picked this project up, um.

01:44:19,370	So doing this project is outright with city funds was a non-starter for, I think everybody, uh, so we started looking at outside funding, and we found a federal FEMA grant that we believe we have a good case to apply for. Uh, we did some initial cost benefit analysis, essentially what would the cost of the project be to the benefit, and I mean we’re.

01:44:35,230	If this is to move, we would harm BNSF, we would harm MDU, and of course we’d harm ourselves because there’s a waterman there as well as the road as well as graves. Any other questions for Riley? This baby’s not gonna be. Put in a broom closet or swept under a rug anywhere, right? No, I, I definitely think this is important and it needs to be done. Thank you.

01:45:02,270	OK, thank you, Riley. Commissioners Could I get a motion please? I’ll move to approve the engineering service agreement with more more and bar engineering to complete work on the cemetery geotechnical evaluation project. Also move to amend the 2024 budget by the. $200,720 and the 225 budget by the 211.

01:45:31,930	405 using the city’s 1% sales tax fund. OK. If a motion by Comm. Henshaw is seconded by Comm. Braun. Any further discussion? Hearing none, roll call please Braun Schoberg Mayor Frelich. Yes. I think that brings us to the end. Is there any other business to come before the city commission? Seeing none, the future meeting dates. October 1, 2024 at 5:30.

01:46:20,430	October 15, 2024 at 5:30. And November 5, 2024 at 5. 30 p.m. And with that Motion to adjourn. Motion in a second. All in