00:00:13,770 Good evening, everyone and welcome to the Madan City Commission meeting. It’s April 16th 2024. We’re located in the meeting room here at Mandan City Hall 5:30 P.m. could I have a roll call, please. Comm. is camisa here? Ron here, mayor. He here. 00:00:42,130 Uh, we’ll start out the meeting tonight with the Pledge of Allegiance so To Of United States of America. A republic. OK. We’re gonna start out the meeting tonight with a kind of a really happy note and a really nice thing to to see in our community. Uh, we have an outstanding supporter of presentation from marathon refinery here in Mandan. 00:01:18,930 A marathon has been a huge supporter of Manda and since the early fifties and been a huge part of our community and in the last couple of years, I think they’ve really stepped up to the plate and done a lot of wonderful things in the community. 00:01:34,400 I know they did a big presentation to the new In high school and we’re very grateful and honored to have that. So if, um Mister, Josh, Uh, dump Duff Muller would like to get up and introduce yourself. We’d really appreciate it and welcome you to the City Commission meeting and welcome you to man down. Thank you, uh my name is Joshua Dwarf Mueller. I’m, the new general manager for the refinery, So. Previously. 00:01:52,900 It was chris Statt who some of you might know, uh, but very grateful for the city for recognizing marathon tonight and we look forward to continuing to partner with the city. 00:02:11,900 Thank you very much, and we have a few city employees that would like to get up and and just highlight some of the things that marathon has done here recently, Uh, jason beer. Good Evening. Good evening, Commissioners. Mayor. The. Madame Police department received $35,000 in grant funding from Marathon for two tactical drones. The drones are specific for law enforcement and are designed to enter into dangerous situations, including hazardous materials, search and rescue negotiations. Hostage rescues. De escalation. 00:02:41,870 Special event monitoring fire, flood response and nearly any other public safety situation. A. Few things that make these drones unique are that they have two way communication ability. They have night vision, thermal cameras, glass breakers and and they’re also designed to be flown indoors. 00:03:03,370 The drones should be arriving to us in the next month or so we’ll begin training with them and put them into service. Hopefully in the next couple of months. We’re grateful the marathon for the opportunity to obtain these valuable pieces. Thank you. Next. We have match bets. The fire chief and Street superintendent. Good Evening mayor commissioners. Uh Much like the police Department. 00:03:28,070 We are also extremely grateful for our support we received from them the grounds maintenance division of public works received $20,000 for a green space improvement project. This funding will allow us to at the grounds maintenance, Uh, facility up at the cemetery to plant trees along the newly constructed road that leads into the cemetery to help. Uh Excuse me. 00:03:51,200 To help make the area nice and appealing to people when they do come to the cemetery to visit a loved one. Uh, in addition to the trees being planted up there, we’re also going to make some improvements out on the west End of Main Street, and we’re gonna add some irrigation. Uh, near that marquee on mains. 00:04:05,000 Uh, As. You come into town from Highway 10, So that’ll be easy. Look better it’ll be easier to maintain. And. Um, we’re excited about that. So. We just like to extend this or take this opportunity to extend the gratitude as well. Thank you. Thank you Next. We Have Keri, the communications specialist. Evening. 00:04:25,730 It’s gonna pull up a couple fs here. So. We, um, received $13,240 to replace existing street pole banners along Main Street and North Mandan and Memorial Highway and, um, Here’s a couple of images of those that are up in North Mandan already. Um One, apparently And, So. These just highlight different attributes of the community. And. 00:05:08,130 Um, eventually they will go up and, um along Memorial Highway and Main Street Um do you wanna give a shout out to our public works crews for putting these banners up for us and then also just wanna recognize that? Um, this was a project that we actually started in 2018, And, So. 00:05:28,370 It wasn’t until, um, earlier this or late in 2023 when we were thinking about these banners, and then Jody had kind of reached out and we’re like, Well. We might as well take a shot. Earning this money or getting this money and we were successful in that grant application and a project that’s been waiting to happen for a long time is finally here. 00:05:45,470 And, So it’s nice to see that happen. Thanks. Carrie. Carrie. Would you like to come up and Hand him the award, please. Again. We’d like to thank marathon and all the employees out there, uh, for everything that they do for the city of Mandan, uh, as you’ve seen tonight, these are probably some things that we could have 00:06:21,800 done within our regular budget. Uh, and it it just makes the community that much better when these projects get out there again. The big donation to the high school is gonna make a huge difference not only this year, but for many, many years to come, and, uh, it’s greatly appreciated by the city and we 00:06:37,600 look forward to A great Co-operative effort for many years to come. So. Thank you very much, mitch, You have something to add. Yeah mayor and commissioners. I forgot to mention that as we speak. 00:06:54,200 I believe some of our firefighters are up at the refinery right now, um, planning some upcoming training that the refinery is helping sponsor so we are truly grateful for that as well. Thank you. Thank you again. A. Couple more announcements before we get into the regular meeting tonight, I’d like to first start off with, uh, steve himmelspach. 00:07:15,270 Steve retired April 3rd after 36 years with the city of Mandan, steve started as a custodian and eventually worked his way up to waste water treatment Plant Superintendent Steve was always a great fixture on the city of Mandan was always willing to work the extra hours and go the extra mile and, uh, we’re gonna greatly miss steve. Carry is gonna have a picture or two to to put up on the screen here. 00:07:35,800 There’s a good picture of Steve. Hopefully. He’s enjoying his retirement and spending time with his his beautiful family. Uh, again. We’re going to Miss Steve and everything he’s done for the community. Next. We have Ryan malsam. He’s been named as himmelspach successor. 00:07:59,730 Malsam has worked under the Steves leadership since 2012 most recently as assistant superintendent at the Wastewater treatment plant. And. There is a picture of Ryan and he’s got some big shoes to fill. So. Thanks Ryan for stepping into that position. Uh, last week. NP director Matt Shanor won the Flint Firestarter Award for the Tourism department development a 2024 Governors Award for travel and tourism. 00:08:22,870 So I’d like to thank the MP for all you continually do for the city of Mandan. I see a lot of great things happening there and and many more to come. Also announced that the travel and tourism conference was a governor’s photo contest. 00:08:44,730 Best of Show winner celebrate Bismarck looking at Mandan, by Teresa Malloy Uh, that’s a beautiful shot at the fourth of July. Uh, look overlooking a beautiful city of man down there and the fireworks that are going off. So II. I think that’s one of the best photos I’ve ever seen of the fireworks display. It almost looks like it’s fake or it’s like like happening today at a I photo, but it’s a beautiful picture. 00:09:01,300 So. Uh, thank you to Teresa for shooting that photo. And then, lastly, the water treatment plant Superintendent Duane freeze in the city of Mandan was recently presented with a certificate of achievement for satisfying a acceptable requirements of the Safe drinking water Act by the North Dakota Department of environmental quality. 00:09:23,130 The Drinking water quality report is also available at city of mandan.com/news and will be an insert into the May utility billing. So I don’t know if you have a picture of Dwayne. I just have the certificate. OK? You got a copy of the certificate. So, thanks to Wayne Duane’s been with the city of Mandan for forever Two of the great employee. 00:09:41,330 There’s another Co-operative effort that we we work well with marathon Refinery on also is the new water intake structure and the as well as the old structure that had been in place since the fifties. So again. Thank you mayor FON for working together. 00:09:58,530 I think there’s another great example of a private public partnership that’s working well, so A. Lot of great things happening again this week is also a cleanup week throughout the city of Mandan. I’d like to thank the city crews for being out there. 00:10:14,930 I know it’s hard to, especially when you have a rain on these types of days when you have all that furniture sitting out there and carpet pieces out there, they’re all getting soaking wet. I know it’s a real joy to pick up, but it’s very much appreciated by the citizens of Mandan and this commission up here, So thank you for all you do. OK with that we’ll move into the minutes considered approval of the board of Commissioners. 00:10:36,270 Minutes. Uh, the first one is March 12th 2024 board Portal training session. The. Second is April 2nd 2024 Board of Equalization meeting. And the 3rd April 2nd 2024 meeting minutes of the Mandan City Commission regular meeting. They moved to approve the minutes as presented. One second Motion by Comm. Kisa seconded by Comm. 00:11:01,870 roh any questions or comments CNN here and none a roll call. Vote, please Comm. roar. Olson. Yes! Ron! Yes camisa? Yes Mayor helbling? Yes, that motion passes. Next. We’ll move into the public hearing. 00:11:32,870 Consider a variance to section 105-1 Dash three G of the City Code of ordinances related to incidental uses accessory structures size for lots one and two block 19 South Side Edition, Andrew. Good Evening. Good Evening we commissioners. This is a request from jerry Stryker and I’m gonna pull up a location map on the screen once I get shared here, Uh, the property is down by Mary Stark Elementary. It’s gonna be one moment here to get down there. 00:11:53,300 The City Ordinance for accessory buildings in the R 3.2 district stipulates that they could be up to three quarters the size of the home and we would measure the building footprint of the home. 00:12:08,800 Um, to, uh to calculate that so the the home that we’re looking at here is 720 Square feet and the proposed garage that would be constructed would be 720 square feet so it would exceed the city’s ordinance. Um Maximum by 180 Square feet and instead of being a three quarter ratio, it would be 1 to 1. Here’s the location map. The property is in our R 3.2 district in the future. Land use classification is medium density residential. 00:12:28,870 Uh, the property in blue is mary Stark School just to help you get your bearings. The applicant brought this request to the Planning and Zoning Commission in March. And proposes to build the garage. Uh, generally where that yellow boxes on the screen here. 00:12:50,330 The Grudge that you see has already been demolished and the and the new garage would be a three star garage. Um, slab on grade so it would be Shorter than the home, but it would be similar in its building area. This is a picture of the home today and the garage would be in its backyard oriented towards the alley. 00:13:12,200 The applicant did state, um, in a in a additional submittal in exhibit number two. The the reason that they are looking for the variance request and in general, it stipulates that over the time, um Uh, kind of common understanding of what is considered reasonable for grudges as has changed and and how that is applied to older properties. 00:13:33,370 Um Create some issues so basically that older home And. The size ratio is preventing what is determined to be a reasonable size grudge today. The Planning and Zoning Commission reviewed this request in March and determined that based on the statement of hardship that was submitted by the applicant Um This is considered a reasonable request and recommends approval. So. 00:13:54,930 The recommendation would be to approve the variance request as presented, Um I can take any questions that you have in the applicant is here as well. Thank you. Mayor andrew. So. The access to the garage would be through the city alleyway. Is that correct me Comm. or that is correct. Andrew, this is just Just to make it larger. 00:14:14,330 Based on our our ordinance. But, Does it does it? Um Does it move! Does it change it. Is it a violation by being too close to the The outside perimeter of the lot, Mayor. He Comm. braun. We’ve reviewed the request and the setbacks would be adhered to. It’s. 00:14:38,470 It’s just the size ratio that that is, um, needing a variance. If. I remember correctly if he attached the grudge, it would not violate any ordinances as it’s presented, But with the Different levels of the garage in the in the house. 00:14:56,870 As it sits, It wouldn’t really work out, so this actually does fit pretty well on the lot, and it isn’t a a burden to the neighborhood. I. I don’t feel anyway. But. We’re helping your correct city ordinances stipulate only for detached garages. A size ratio, um, for attached grudges and living spaces. There is not a ratio in place today, so it’s only the detached Yeah. OK. 00:15:18,370 Any other questions? Andrew OK with that we’ll open a public hearing to consider a variance to section 105-1 Dash three G of the City Code of ordinances related to incidental uses accessory structures, sizes for lots one and two block 19 South Side Edition. Is there anyone in the audience online or on the phone with questions, comments or concerns. Anyone like to come forward. 00:15:42,870 Third and final call anyone See, none will close the public hearing and turn it back to the commission. I’ll move to approve the variance request for lots one and two block 19 Southside edition. I Have A motion by Comm. Kisa seconded by Comm. Roh any further questions or comments of the commission. CNN here. No. 00:16:06,830 A! Roll call Vote, please. Comm. is awesome. Yes! Yes? Yes, Roar Mayor He? Yes, that motion passes. Thank you. Next. We’ll move on to bids. Consider the 2024 Street, uh, reconstruction beds. Mayor commissioners. The. 00:16:34,000 This item is related to the 2024 Street reconstruction project, and just for everybody’s reminder, Um this project is split into two different areas. Area one being the area around the Culvers. Um Culver is over on East main and area two being in the low in the area around low Strader. Um, on April 4th. We opened, uh, bids for this project. 00:16:57,400 The project was split into two to Two construction contracts, one for the electrical and then one for general. We received two bids for the general contract and three bids for the electrical contract. The, the general contractor. Uh, the general contract bids ranged from $6.2 million to $8.9 million and the electrical contract bids ranged from six point or $640,000 to $715,000. Um, the total of the two low bids. 00:17:23,170 A two apparent low bids is about $6.8 million, and this was about $400,000 lower than our engineer’s estimate of $7.2 million. Also associated with this. Um we were awarded a, uh DWR Grant State Water Commission grant of about $1.5 million and that would be used to buy down these, uh, these contract amounts. 00:17:55,130 Um And the rest would be paid for through municipal infrastructure funds, utility funds and special assessments. Um, we’re recommending, uh, awarding both of the, uh, contracts as presented, and, uh, I I’d be able to answer any questions if you have any Commissioners. Any questions of Just a couple of comments. It’s really nice to see the spread in beds again. 00:18:19,930 It’s really nice to see him come in, and under the engineer’s estimates, um And I Know. Last week we had an apartment fire up in the north part of of the city. And after the fire. We had a couple of water breaks and Totally different areas of the community that were related to pressure drops, probably from the fire. 00:18:40,470 And the north part of the city is that’s going to address those areas, especially the low Strader or the excuse me the Christ the King area breaks have been 11 of the breaks was, I. Think on Sweet, Sweet brier. Oh, 11 of the bricks was on sweetbriar, which is in the project area in area Project Project Area two. 00:18:59,200 Um And, yes, uh, I think all of the breaks were cast iron. Uh, wa water mains, and this project is replacing nine blocks of cast iron water mains, and our our goal would be to to continue on with this effort and and it really does show the importance of getting some of those, uh, some of those older 00:19:16,530 pipes out of our system. I think it’s just important to let the community know that you know, just because of water line breaks on the west End of town that the effect and the cause could actually be on the the totally other end of town, so it’s important to stay up with this stuff and and to 00:19:31,830 replace it as the Have some a decent plan in place to replace it over time here, so Uh, Commissioners. Anything else for J? Not your wishes. I moved to award the general construction contract for the 2024 Street reconstruction project to strata as presented A 2nd 2nd. Motion by Comm. Kisa seconded by Comm. 00:20:04,930 Rahr any further questions or comments A roll call vote. Please Make Sure. It’s brown. Yes camisa Roar. Olsen. Yes mayor Helbling. Yes, that motion passes and I’ll also move to award the electrical construction contract for the 2024 Street reconstruction project to, um idling electric as presented OK? We have a motion by Comm. Kisa seconded by Comm. 00:20:31,030 rohr any further questions or comments Roll call vote, please. Sure. Kisso. Yes Roar Olsen. Yes? Yes mayor. Hell. Yes that motion passes, I will jump to the consent agenda. Item one Consider approval of the monthly bills. Item two. Consider the following abatements Shell, 22 and 23 Veterans credit. 00:21:02,030 W 23 veterans credit Foot, 22 and 23 Veterans Credit Schwent 23 Veterans Credit Item three, Consider approval of the following gaming site authorizations. The. First. One is American Legion post 91 at send at 24 7 from July 1st 2024 to June 30th 2025. 00:21:29,730 The Second is Mandan eagles 2451 at man and eagles from June 30th 2024 to June 30th 2025 the third one Fort Abraham Lincoln Foundation at aviators from April 23rd 2024 to July 1st 2024 Item four. Consider proclaiming April 22nd 2024 is Arbor Day in the city of Mandan. Item. Five Consider closing the city of Manda administrative offices the day after Independence Day and Thanksgiving. Item six. 00:21:54,270 Consider approval of a raffle permit for the Bismarck State College Energy Club Item. Seven Consider acceptance of a State Water Commission grant. And Item. Eight consider approval of updates to the ground’s maintenance superintendent job description. Are there any items that any Comm. would like to call for a discussion. If not, we’ll deal with the consent data as presented move to approve the consent agenda. 00:22:13,000 Second Motion by Comm. seconded by Comm. Ka questions are comments. Roll call vote, please. Yes, ron camisa? Yes Mayor held Yes. That motion passes. We’ll move on to new business Item number one. Consider a development Agreement for Cat Creek Edition andrew Or helping Comm. CAT Creek Edition was a plat that was approved. 00:22:40,200 Um, over the winter in the the ETA west of Mandan and the development agreement in front of you tonight. Details, um Some components that the city wants to see regarding future development of the property and an accommodative way for what they want to do today. Trying to get down to my location map here. So. 00:23:03,300 You can see what we’re talking about. But, the the applicant for the Plat was Casey and Brooke Brewer and Bob and Dua, Lois, And. Here is the location map as you can see in the future land use plan. 00:23:21,430 Um we have high density and other uses planned here in the future that are not able to be supported today. So we did do some accommodative development here for a one lot, um, home to be built on one of those lots because already a house out there. So. 00:23:39,530 There would be two homes in the subdivision and the stipulations of the agreement would be to prevent permanent improvements to be constructed in the area designated for a future road corridor and in city plans and studies. And that That would include above and below ground improvements within that area. And that upon, uh the building permit being applied for that there would be a drawing showing the outline of all the improvements relative to the future road corridor. 00:23:59,730 And that future development will not be approved by the city until there is alternative access to the satisfaction of the city of Mandan and other agencies. We’d also agree that all land uses comply with relevant regulations and that any development must adhere with the city’s plans at the time of development. 00:24:18,570 Staff is recommending that we enter into the development agreement so I could take any questions that you have for me. Thank you. Any questions of andrew If, not your wishes move to approve the development agreement for Cat Creek Edition. Second We have a motion by Comm. seconded by Comm. Kisa. Any further questions or comments. 00:24:46,830 Seen in here and none or all call vote, please. Comm. Olsen. Yes ron. Yes? Yes? Yes mayor. Hell. Yes. That motion passes. I no longer two under new business, Consider an engineering services amendment for the 2024 Street reconstruction Project. Jared Mayor commissioners. This would be an engineering amendment for the project that was just awarded. 00:25:10,900 Um, this would add about $517,000 to the existing contract. Um and this would be for the construction oversight and administration for the project. Um, the the additional money would would, uh Make the total amount for the agreement just shy of $1 Million. 00:25:34,830 01 million dollars would be about 15% of the construction contract price, which is a a very reasonable amount to expect for engineering services, and I should also mention that, um we did receive 100 and $36,000 for preconstruction engineering from the State Water Commission and a portion of that $1.5 million. That was, uh, that was awarded to us was for, um, construction engineering. Um, if you have any other questions, I’d be happy to answer them. 00:25:55,770 Um, but we’re recommending, uh, approving the task Order Amendment. Any questions for Jarre at all. Mayor Jerrick. Can. You speak to the reasoning the nature for the change order and the price tag And. Why. Why do we have to to make this change? Uh, Mayor Comm. 00:26:17,500 , Uh, the the reason for the change order would be up to this point. Uh, all of the agreed upon work has been for, uh, preliminary design, final design bidding, and then if we were not to amend the agreement at this point in time, construction oversight would fall back on us on the engineering department and, uh, the scale of this project would be something that 00:26:42,070 we would not, um, be capable of. Providing oversight for that would be, um That would be Appropriate over construction oversight is is really important for these types of projects because, um, we can specify making his money construction specifications as we want, and we can write it all down, and and we can say 00:27:02,930 that the contractor has to do this. That and the other, But. Um, unless we have somebody on site, Uh, verifying that this this work is done to to the standard that we want it done. Um, we’re gonna end up with bad products. So this is this is really important to deliver a good product to the community. 00:27:18,330 Yeah. Thank you. Anything else? Anything else for Jared? OK, your wishes to move to approve Task Order Amendment number two with more engineering to perform construction engineering services for the 2024 Street rehabilitation project. Second Motion by Comm. Brown Seconded by Comm. Kisa. Any questions or comments. CNN hearing No a roll call vote, please. Monsieurs bran. Yes. 00:27:47,730 Camisa? Yes Roar. Olsen? Yes mayor Helbling. Yes, that motion passes. We’ll move on to resolutions and ordinances. Item number one. Consider, a resolution awarding a contract for the Northwest trunk, Sewer Project jerk mayor commissioners. This is more of a cleanup item. 00:28:06,400 It was brought to my attention that I had missed this attachment during our last meeting, but it is very important to get this. This, uh, done correctly. So, um This would be related to the Northwest Trunk Sewer project, which was awarded at the last meeting, and, um I would recommend approving the resolution as presented. 00:28:27,270 OK commissioners he wishes I moved to a to approve the resolution necessary for awarding of the trunk. The Northwest Trunk Sewer line project as presented OK? What should my Comm. Kisa seconded by Comm. brown any further questions or comments Roll call vote, please Comm. ciso Roar olson? Yes, ron. Yes, Hell. Yes that motion passes. That’s the end of our printed agenda. 00:28:52,430 Um, I’d like to have jim come up or administrate a new ball or come up and just give us an election update on, uh, who All turned in position or petitions for City commission than any other boards that you may know of. So Uh, mayor, healing and commissioners. 00:29:14,730 The, UM Visions on the city commission were obviously for Mayor jim Frelick has turned in his petitions. He will be on the ballot. Um he is the only candidate for mayor. There were five individuals who have turned in petitions for the city commission spots. Um Comm. Ciso Comm. Brown, Um craig shower, Herb Kring. And I am Ryan Hench. 00:29:39,500 So! Sorry getting all those so Um, those positions are up. Park board had two positions open, Um incumbents! Wade Meskin, Jennifer FRA lard also running for those spots. There are no other folks running school board had a few positions open. There’s a quite a I don’t I can’t name all of the people that run for the school board. 00:29:58,070 City Commission has two questions on there. One is every four years we have to ask the question of the residents. Do you want to have the minutes of the commission meetings published in the official paper, so that question goes on every four years. 00:30:13,130 And if the answer is Yes, then we continue to publish in the Mandan news, the official newspaper. Um, if the answer is no. Then we would continue what we’re doing now as we place the minutes on our website for folks is to review There is also a question on the ballot. That was the init initiated measure. 00:30:33,200 Um, a group of sponsoring committee members got together and, um, circulated petitions for an additional half cent sales tax of that half cent sales tax. Um Two. Cents would go to a public transit authority and, um, the other three cents of that half cent would go to police, fire equipment or buildings and also city hall accessibility. 00:30:59,870 So, for example, if there were to be a handicap accessible Elevator or bathrooms or things like that. I think those are the accessibility needs for City Hall and again. The, Um, three cents would go to police and fire to be used for equipment or Uh, buildings, but not for personnel or things of that nature. So. Those are the questions that are on the ballot coming up in June. Commissioners. 00:31:19,830 Any questions for jim at all on that. Thanks jim for the update. Again. It is clean up week again. Thanks to the city crews for all their hard work in doing that, Uh, we’re gonna have some high winds again the way it sounds for the next few days, So if you see something getting blown 00:31:35,600 out on the street, even if it’s your neighbors or a couple blocks down, Uh, please take the time to pick it up and Put it back on the boulevard that would surely help the city crews. I’d like to give a shout out to the police department Sunday. 00:31:52,800 I was driving, uh down sunset, and there was a Christmas tree laying in the middle of the street and I was turning around to pick it up myself and, uh, the policeman and I don’t know who it was. He stopped his car got out and and pulled it off the street. 00:32:08,500 So thank you for the police department for doing something outside of your normal job duties. It’s it’s nice to see people out there looking out for the whole community, So. I think we have a lot of really good things going on in the community. 00:32:21,930 We got a lot of good department leaders a lot of good city employees and, uh, I myself, and I know the commission is very grateful for that. So Future meeting dates of the board of City Commissioners, Uh may 7th 5:30 P.m. may 21st 5:30 P.m. and June 4th at 5:30 p.m. With that or entertain a motion to adjourn. So. I moved all in favor. I oppose That motion passes. Thank you everyone and