B. APPROVAL OF AGENDA:

Transcription

1 Page 1 of 10 The Mandan City Commission met in regular session at 5:30 p.m. on December 4, 2018 in the Ed Bosh Froehlich Room at City Hall, Mandan, North Dakota. Mayor Helbling called the meeting to order. 1. Roll Call: Present were Mayor Helbling and commissioners present were Rohr, Braun, Davis and Larson. Department Heads present were Finance Director Welch, City Administrator Neubauer, Planning & Engineering Director Froseth, Human Resource Director Cullen, Business Development and Communications Director Huber, Fire Chief Nardello, Assessor Markley, Principal Planner Van Dyke, Police Chief Ziegler, Building Official Ouradnik, Director Public Works Bitz and City Attorney Brown. B. APPROVAL OF AGENDA: C. MINUTES: 1. Consider approval of the minutes from the November 20, 2018 Board of City Commission Regular Meeting. Commissioner Davis moved to approve the minutes as presented. Commissioner Rohr seconded the motion. Roll call vote: Commissioner Rohr: Yes; Commissioner Davis: Yes. Commissioner Larson: Yes; Commissioner Braun: Yes; Mayor Helbling: Yes. The motion passed. D. PUBLIC HEARING: E. BIDS: F. CONSENT AGENDA 1. Consider contracting with Vanguard Appraisals, Inc. to complete appraisals of six commercial parcels. 2. Consider approval of agreement with the ND Youth Correctional Center (YCC) for sidewalk snow removal services. 3. Consider approval of Class C Liquor License transfer for The Ridge Motel to Blackstone Ridge LLC to take place on December 6, Commissioner Rohr moved to approve the Consent Agenda as presented. Commissioner Larson seconded the motion. Roll call vote: Commissioner Rohr: Yes; Commissioner Davis: Yes; Commissioner Larson: Yes; Commissioner Braun: Yes; Mayor Helbling: Yes. The motion passed. G. OLD BUSINESS: H. NEW BUSINESS: 1. Consider appointments to the Mandan Architectural Review Commission (MARC). Shawn Ouradnik, Building Official presented a request to consider appointments to the Mandan Architectural Review Commission (MARC). The MARC is a nine-member board responsible for reviewing site and building plans involving new construction, remodeling and alteration of commercial properties to assure such projects are compatible with the character of adjacent and surrounding developments. There are three positions up for consideration with preference that

2 Page 2 of 10 the applicants be residents of the city, business owners/operators in the city or owners of property within the city. Two of the positions are full term that begin January 1, 2019 and expire December 31, One position was vacated by Daniel Walter who was unable to meet the attendance requirement and that term will run January 1 - December 31, Letters of interest were requested with a deadline for responses due by November 1, Members whose terms are expiring are James Jeromchek and Lee Pierce. The MARC met November 27, 2018 and discussed the recommendations for 2019 appointments. Individuals who submitted letters of interest were James Jeromchek, Lee Pierce, Chris Redmann and Robert Vayda. The committee considered all letters and recommended the re-appointments of James Jeromchek and Lee Pierce for a three year term from January 1, 2019 through December 31, The MARC recommends the appointment of Chris Redmann for the vacated one year term from January 1, 2019 through December 31, Commissioner Larson moved to approve the re-appointments of James Jeromchek and Lee Pierce for a three year term from January 1, 2019 through December 31, 2021 and the appointment of Chris Redmann for the vacated one year term from January 1, 2019 through December 31, Commissioner Braun seconded the motion. Roll call vote: Commissioner Rohr: Yes; Commissioner Davis: Yes; Commissioner Larson: Yes; Commissioner Braun: Yes; Mayor Helbling: Yes. The motion passed. 2. Consider reappointment of Mike Wagner to the Mandan Airport Authority. Marc Taylor, Mandan Airport Authority, reported that the Mandan Airport Authority consists of five members Mike Wagner, Mike Braun, Marc Taylor, Robert Reimers and Chris Brown. There is currently one position up for appointment held by Mike Wagner - due to term expiration on 12/31/2018. The term would run from January 1, 2019 through December 31, In order to solicit interested individuals, announcements were placed with the City of Mandan board openings on the City of Mandan s website and by word of mouth. The Mandan Airport Authority met on November 19, 2018 and recommended the reappointment of Mike Wagner to the Mandan Airport Authority for the term of January 1, 2019, through December 31, Commissioner Braun moved to appoint Mike Wagner to the Mandan Airport Authority for a 5-year term of January 1, 2019 through December 31, Commissioner Davis seconded the motion. Roll call vote: Commissioner Rohr: Yes; Commissioner Davis: Yes; Commissioner Larson: Yes; Commissioner Braun: Yes; Mayor Helbling: Yes. The motion passed. 3. Consider reappointment of Karl Liepitz to the Planning and Zoning Commission. John Van Dyke, Principal Planner presented a request to consider the reappointment of Karl Liepitz to the Planning and Zoning Commission. The Planning and Zoning Commission is comprised of seven at-large members. One seat is available for appointment this year due to Karl Liepitz term is expiring. Letters of interest were received from Karl Liepitz, Michael Chorne, and Victoria Vayda. The Planning and Zoning Commission voted unanimously to reappoint Karl Liepitz to the Planning and Zoning Commission for a 5-year term, January 1, December 31, He said that he received a phone call regarding one of the applicants not being selected for the position. He reported that there have been several qualified individuals who have expressed interest in sitting on the Planning and Zoning Commission however, there are limited seats available, thus making it a difficult selection process. He said he is pleased there

3 Page 3 of 10 is a high level of interest of residents who want to be on the Planning Commission. Mayor Helbling commented that Karl Liepitz has brought a whole different level to this Commission and he has contributed much to the Planning and Zoning Commission for the last several years. Commissioner Davis moved to appoint Karl Liepitz to the Planning and Zoning Commission for a 5-year term of January 1, 2019 through December 31, Commissioner Rohr seconded the motion. Roll call vote: Commissioner Rohr: Yes; Commissioner Davis: Yes; Commissioner Larson: Yes; Commissioner Braun: Yes; Mayor Helbling: Yes. The motion passed. 4. Consider approval of necessary resolutions for the Southside Street Improvement project initiation. Justin Froseth, Planning and Engineering Director presented a request to move forward with the resolutions necessary to approve the Southside Street Improvement District project. He stated that the engineering staff has been working with Moore Engineering on a project feasibility report. Some of the notable tasks that have been done since that time include survey and assessment of the street s current conditions including soil boring geotechnical analysis. Based on the scopes of work that will give us confidence in the long-term life of the road, cost estimates were produced. He requested Jim Jackson, Project Manager with Moore Engineering, Inc. to come forward to explain where the project is to-date. He stated that they have started the design of the project and it is about 30% completed. He presented a condensed version of the slides that were presented at the public open meeting (the original presentation is available on the city s website). He commented that the residents in the area of the project will not be paying assessments for the Park District improvements that are being made as the Park District will pay for that project as they have done for all their other projects in a similar fashion. He said that another consultant firm has laid the groundwork for the stormwater analysis that they have used for their planning of the stormwater components. The underground water and sewer either has already been addressed or in some cases will be addressed during the project, but is not included in the estimated assessment costs since those improvements are handled by utility funds. He reviewed the overall project, costs, funding and repayment for street improvement, alleys and frontage, storm sewer, water main, sanitary sewer, street lighting (eliminated per public input) and public facilities. The assessment area has 33,000 feet front footage. The project will be funded through the BND infrastructure loan program and that has been approved for the loan that the residents will be paying. He reviewed the engineer s opinion of project cost. In regard to the alleys, only those that are currently paved are being considered. The adjacent property owners who benefit, will be assessed those costs rather than the whole area. The estimated broken down expenses were summarized and reviewed. He said that the public input meeting was held at Mary Stark Elementary (within the assessment district) was held on November 14, 2018 and there was good attendance. The meeting included a minute presentation followed by questions and answers. Residents were asked if they wanted alley improvements or new street lights included with the project. The straw poll at the meeting showed a nearly split on the alley improvements and no for new street lights due to the cost. Mayor Helbling inquired if the lighting portion of the project is out completely or if the street light heads would be replaced as needed. Mr. Jackson said that based on the feedback from the residents, it was decided to eliminate the lighting part of the project as part of the assessment district costs. Mayor Helbling recommended looking at changing out at least the street light

4 Page 4 of 10 heads because some may be almost 50 years old. Commissioner Rohr inquired if the LED light replacement is going to be scheduled in that area. Director Froseth pointed out that all the poles in this area are wood poles and at some point in time the city will have to consider replacing them. He said that replacing just the fixtures and not the poles was not presented at the public meeting but he said they will look into this. Mr. Jackson stated that the storm sewer will be included in the project but the sanitary sewer would be handled separately from the large assessment district. Director Froseth clarified that the sanitary sewer is a half-to-a-one-block extension of the city s current system and not meant to replace anything currently in place so this would be consistent with what is normally done with an extension and those benefited would pay for the extension. Mayor Helbling clarified that the City has paid for the water mains through the utility fund so there would not be a special assessment for that portion of the project. Commissioner Davis inquired if the Park District parking lot updates will be done at that time. Director Froseth indicated that the Park District has been informed throughout this process of this project and they have indicated they want to pave those lots south of the Memorial ballpark and that they are looking at estimates and considering paving. Mayor Helbling commented that Third Street has been left out of the project because Third Street has been done through the urban roads program and was eligible for state and federal funding. The total project cost would be divided among district participants and an additional $531,000 is shown for park district parking lot improvements which is included in the district, but would go straight to the Park District. Water and sewer improvements would not be district costs. Funds for those would come from the utility fund if replacing existing or to a smaller focused district if expanding them to properties that are currently not served. As with past local road projects, special assessments to benefitting properties are the only recognized mechanism to pay for the project. Director Froseth reiterated that the City has been looking at all properties within the district for fairness in assessments using the assessment policy guidelines. If the necessary resolutions are approved tonight, a 30-day protest period will start Friday, December 7 th. In addition to the state requirement of posting in the Mandan News, this will also post on the city s website and social media and a second round of letters to property owners with their individual estimate of assessment. After the 30-day protest period the results of the protest period would come back before the Board in early 2019 to determine sufficiency. If there are insufficient protests, work will begin on final drawings and the project would be advertised for bids in the spring for the project to begin in the 2019 construction. Commissioners Rohr reported that he visited with residents in that area and they all acknowledged the need for improvements and he voiced concern about not doing upgrades, such as the lighting, might cost more at a later time. Commissioner Davis commented that he is in favor of improving that part of the City. Mayor Helbling stressed the importance of looking at the cost for street light improvements to be done during this construction period. Director Froseth recommended approval of the resolutions presented to move the Southside project forward.

5 Page 5 of 10 Commissioner Davis moved to approve the resolution creating the district, approve the engineer s report, approve the feasibility report and approve the resolution of necessity for Street Improvement District No. 213, Project No (Southside). Commissioner Rohr seconded the motion. Roll call vote: Commissioner Rohr: Yes; Commissioner Davis: Yes; Commissioner Larson: Yes; Commissioner Braun: Yes; Mayor Helbling: Yes. The motion passed. 5. Consider approval and endorsement of applications to be submitted to the Metropolitan Planning Organization for their approval and prioritization. Justin Froseth, Planning and Engineering Director reported that on an annual basis, the Metropolitan Planning Organization (MPO) coordinates funding requests for NDDOT Transportation Improvement Program (TIP) roadway projects. These are the projects that are eligible for federal funding assistance because they are on the functional classification system as an arterial or collector roadway. At the last City Commission meeting some of the projects were presented as recommendations to apply for within each sub-program of TIP. The applications for each of them have been completed and the projects are briefly described below and the plan is to submit applications for each of those projects. On an annual basis, these projects are presented to the City Commission seeking endorsement before they are presented to the MPO. After the MPO endorses and prioritizes, they are sent on to the DOT for possible inclusion into the TIP. The DOT is soliciting applications for several programs. Programs for which we have created applications for include: (1) The Transportation Alternatives Program (2) The Urban Grant Program and (3) The Urban Regional Program. The applications are due to the DOT by December 31, Because the City of Mandan is a member of the MPO, they must first be approved by the MPO policy board for consideration at their December 18, 2018 meeting. He said that the City is not applying for any projects in the Urban Roads Program this year due to the MPO s actions in prioritizing a Burleigh County project prior to the application process. That project will leave no funds available in the Urban Roads Program for 2023, therefore there is no need to apply Transportation Alternatives (TA) Program Application Director Froseth explained that the TA grant program provides funding for projects for pedestrian and bicycle facilities, safe routes to school projects and for non-drivers, community improvement activities and environmental mitigation projects. Only the contract construction cost of your project is eligible for funding. These costs will be funded with federal aid to a maximum of 80%. The project sponsor must provide the match of 20%. Maximum funding is set at $290,000 for Urban projects and $200,000 for Rural projects. In the past the City of Mandan was successful in this program for the trail program on 19 th Street SE from Fort Lincoln Elementary to Macedonia Avenue SE (phase 1) at 19 th Street SE Trail Connection and Pedestrian Crossings (Phase 2). This project is the second part of a two-phase project to install a shared use trail. Phase I will be constructed in 2019 on 19 th Street SE from Fort Lincoln Elementary to Macedonia Avenue SE. Phase II of the project would be from Macedonia Avenue SE to ND Hwy No. 6 with crosswalks at the intersections of 4 th Ave SW and Canyon Road SW and 19 th Street Urban Grant Program (UGP) Applications

6 Page 6 of 10 Director Froseth said that the UCP gets its roots in the Governor s Main Street Initiative. The Urban Grant Program is new and they are looking for applications for projects that are ready to start in the next couple of years as opposed to the other programs that are looking for 2023 projects. The main intent of this project is to fund transportation projects that improve the vitality of downtown districts of cities with a population of at least 5,000. Downtown Subarea Study came up with some alternatives and ideas for the improvements to consider in our core downtown area that would fit this program. 1. Reconstruct roadways of 1 st Street from Collins to 5 th Avenue and 2 nd through 5 th Avenues from Main Street to 2 nd Street 2021 application. This is eligible for federal aid funds. This project would consist of a total reconstruct of the roadways and sidewalks adjacent to them. These roadways are in poor shape currently and the project will look at proper widths of roadways and sidewalks. The project would look at how aesthetic elements may be incorporated to make the core downtown area more pedestrian friendly. Getting grant money for the streets here would prioritize the plan to replace the water main and possibly diverting the general plan from east to west with the replacement. An estimated project cost is $4.0M Urban Regional Application Director Froseth said that this program deals with the corridors that run through the city. The Urban Regional Program which is under the umbrella of the TIP is another program for which applications are being solicited. These projects are eligible for more funding assistance since they are on routes that are part of the state highway network. These projects go through the MPO for ranking and then to the DOT for final approval and allocation of funds. These projects are eligible for approximately 80% federal funding and 10% state funding with about a 10% local match required. The City has been successful getting urban regional projects programmed than with the urban roads program. 1. Memorial Highway, Phase III Director Froseth stated that this is a project that has been underway for some time including a project study done in 2010 to guide. Because of the large size of the project, the plan is to break it into three phases because: (1) It will more easily fit within the funds available during each funding cycle and (2) It would be more feasible for contractors to bond for and construct. Engineering staff has consistently expressed to the DOT that the city s disapproval of a plan to reconstruct that would take many years, if each phase started about three or four years apart. Both Phases I and II are in the TIP for years 2021 and 2022 respectively so the commitment by the DOT to complete in a timely manner is evident. The project would include a full reconstruct of the roadway with a new typical section to implement safety and pedestrian friendly elements including a multi-use path. This would address drainage issues and replace other utilities as necessary. Phase III is an estimated $10M the same as Phases I and II. Director Froseth stated that in the past, the Engineering Department discussed with the Finance Department how these new projects, if programmed in, can be paid for in regards to our local share. In general a long-standing cost share split plan has been used for the local amount where 25% of it is paid for by city-wide sales tax, 25% is paid for by city-wide property tax and 50% is paid for by special assessments to locally benefiting property if it is not on a major arterial. If on a major arterial, a special assessment district may not be necessary depending on the amount of

7 Page 7 of 10 the local share and the extent of the benefit. He reported that the City does not lock in any commitment of local funds until there is a signed Cost Participation and Maintenance (CPM) agreement for each project which takes place shortly before each project is bid. Because of the individual underground infrastructure needs, which are needed to further develop the projects, the Engineering Department requested that the City Commissioners request a meeting with staff to get more information on the funding of any and all that they want to learn more about. Director Froseth recommended approval of the TIP applications as presented. If approved, they will be presented to the MPO and to the DOT following that. Mayor Helbling commented that the City has been pushing the State hard on this because the project could be spread out 6-10 years. We would like to see 100% funding for this project to get the funding appropriated all at one time so it can be done as one project to avoid dragging it out for 6-10 years and that it would be done in one or two segments, at the most. Further, once the plan is in place the City will be asked to take over all the maintenance and operations of the whole Memorial Highway area which will be a burden on the Public Works Department. He feels the State can step up and fund a state highway project running through our community. Director Froseth said that there is some positive movement towards this project now, in comparison to when discussions first took place. Commissioner Rohr moved to approve the Transportation Alternatives, Urban Grant Program and Urban Regional Program applications submitted by the Engineering Department. Commissioner Davis seconded the motion. Roll call vote: Commissioner Rohr: Yes; Commissioner Davis: Yes; Commissioner Larson: Yes; Commissioner Braun: Yes; Mayor Helbling: Yes. The motion passed. 6. Consider 2019 Legislative Agenda. Jim Neubauer, City Administrator presented the proposed 2019 Legislative Agenda. He explained how the process has worked in previous years, in particular, when the city staff would be called to testify on a certain bill. He reviewed the items being addressed at the upcoming session that are of interest to the City of Mandan. He stated that the North Dakota League of Cities continually lobbies on behalf of North Dakota cities and a list of bills tracked may be found on their webpage once the session begins. During the session he will provide updates to the City Commission of the bills tracked. Administrator Neubauer stated that since each bill has its own nuances and we would be reviewing individual bills for consideration. Past practice has had department managers consult with their portfolio commissioner regarding specific bills and testimony. Commissioner Davis encouraged residents to contact their legislative representative when there is an issue that pertains to them or the city of Mandan. Commissioner Davis moved to approve the Legislative Agenda as presented. Commissioner Larson seconded the motion. Roll call vote: Commissioner Rohr: Yes; Commissioner Davis: Yes; Commissioner Larson: Yes; Commissioner Braun: Yes; Mayor Helbling: Yes. The motion passed. I. RESOLUTIONS AND ORDINANCES:

8 Page 8 of Consider financing Resolutions for the 30 Sunset Reservoir Transmission Line Improvements Project. (i) Resolution Authorizing Undertaking for Municipal Improvement Consisting of Water Transmission Line Improvements. (ii) Resolution Authorizing the Issuance of Water Improvement Interim Certificates of 2019, Series A and Water Improvement Revenue Bonds of 2019, Series A. Greg Welch, Finance Director presented a request to approve these resolutions stating that they relate to the 30" Sunset Reservoir Transmission Line that conveys potable water from the Mandan Water Treatment Facility to the Sunset Reservoir approximately two miles to the west. The project replaces portions of the original PCCP installation. Pump station upgrades at Collins and Sharon Heights pump stations are also planned. These pump stations serve the portion of the City typically supplied by the 30" Sunset Transmission Line. He provided a timeline of events that have occurred: On June 5, 2018, the Board of City Commissioners approved to enter into an Agreement for Cost-Share Reimbursement from the State Water Commission (SWC) for the Mandan Sunset Reservoir Water Transmission Line Project. According to the Agreement, the SWC will reimburse the City for 35% of pre-construction engineering costs and 60% of construction engineering and construction costs, not to exceed $3,135,000. On September 4, 2018, the Board of City Commissioners approved the Resolution authorizing filing of application with the North Dakota Department of Health for a Loan under the Safe Drinking Water Act. On October 25, 2018, the Industrial Commission approved the loan in the amount of $1,889,000 under the North Dakota Public Finance Authority's Drinking Water State Revolving Fund Program. The interest rate on the loan is 1.5% plus a 0.5% administrative fee with a maturity date of September 1, The loan will be repaid from user fees. The City is only obligated for the loan draw requests. The state Revolving Fund Loan is $1,889,000. The City included this project in the 2019 Budget and adjusted the Water and Sewer Base Rate to service the debt on the Loan. Director Welch recommended approval, separately, of the resolutions. Commissioner Rohr moved to approve the Resolution Authorizing Undertaking for Municipal Improvement Consisting of Water Transmission Line Improvements. Commissioner Braun seconded the motion. Roll call vote: Commissioner Rohr: Yes; Commissioner Davis: Yes; Commissioner Larson: Yes; Commissioner Braun: Yes; Mayor Helbling: Yes. The motion passed. Commissioner Larson moved to approve the Resolution Authorizing the Issuance of Water Improvement Interim Certificates of 2019, Series A and Water Improvement Revenue Bonds of 2019, Series A. Commissioner Braun seconded the motion. Roll call vote: Commissioner Rohr: Yes; Commissioner Davis: Yes; Commissioner Larson: Yes; Commissioner Braun: Yes; Mayor Helbling: Yes. The motion passed. 2. First Consideration of Ordinance 1298 Related to Sign Sizes. John Van Dyke, Principal Planner presented the first consideration of Ordinance 1298 related to the redefinition for sign sizes. He reported that the present definition for sign size is inadequate resulting in applications being received by the Mandan Architectural Review Committee (MARC) that are outside of the intent of the ordinance as it is written. Presently, sign sizes are limited to 20% of the sign-able area of the wall of a structure. However, based on how the sign is

9 Page 9 of 10 measured, the area can drastically change the size of the sign ultimately allowed. He said that following discussion with the Mandan Architectural Review Committee (MARC), staff a draft was prepared of the revised definition (shown in Exhibit 1). The draft ordinance was brought before MARC for a final review. After a minor adjustment, MARC voted to support the proposed revised definition for sign sizes. Planning and Zoning Commission unanimously recommended approval of the new definition for sign sizes. The ordinance will fulfill the intent of the ordinance and provide tighter language for the Mandan Architectural Review Committee to rely on. This will apply to future signs as the current signs will not have to change. The Building Department, Engineering and Planning Department, Mandan Architectural Review Committee, and Planning and Zoning Commission recommend approval of Ordinance 1298 as presented. Commissioner Braun moved to approve the Ordinance 1298 Related to a Redefinition of Sign Size (See: Exhibit 1). Commissioner Larson seconded the motion. Roll call vote: Commissioner Rohr: Yes; Commissioner Davis: Yes; Commissioner Larson: Yes; Commissioner Braun: Yes; Mayor Helbling: Yes. The motion passed. Mayor Helbling reported that the ordinances related to dogs discussed at the last meeting have required additional work to be done, thus, they will be discussed further in January when the additional information has been collected. J. OTHER BUSINESS: 1. Jan Fasching came forward and inquired on an issue previously discussed tonight wherein he questioned why the street light replacement was given as an option to residents (south Mandan street improvement project)? Mayor Helbling explained that he understood that it was brought forward as a way to reduce costs and to allow the citizens an opportunity to provide input. Director Froseth commented that the focus was on whether to remove and replace an existing lighting system for an additional cost and that if it would be an expansion of the system it would be treated as who benefits from that particular expansion. He offered to look into that as the project moves forward assuming that the project is not protested out next month. That would be a final design item and as pointed out earlier, the project is only at about 30% of the design. 2. Commissioner Rohr motioned to move the meeting time of the December 18, 2018, meeting to 5:00 p.m. Commissioner Davis seconded the motion. Roll call vote: Commissioner Rohr: Yes; Commissioner Davis: Yes; Commissioner Larson: Yes; Commissioner Braun: Yes; Mayor Helbling: Yes. The motion passed. K. ADJOURNMENT: There being no further actions to come before the Board of City Commissioners, Commissioner Davis moved to adjourn the meeting at 6:42 p.m. Commissioner Rohr seconded the motion. The motion received unanimous approval of the members present. The motion passed.

10 /s/jim Neubauer James Neubauer City Administrator City of Mandan Board of City Commissioners Page 10 of 10 /s/tim Helbling Tim Helbling President, Board of City Commissioners