A revised version of the Mandan city electronic door ordinance is scheduled to be on the Jan. 6 city commission agenda for first reading consideration.
It requires at least one "automatic" door to a main entrance of a building that received public funds from the city.
Mandan voters approved the original ordinance Nov. 4, but some business owners later protested, saying its wording was too broad-based.
The initial wording required: "Installation of electronic handicapped accessible entrance doors are required on every building open to the public that has received public funds in any form whatsoever; failure to do so may result in denial of public funding and declare it an emergency."
The first reading revision is a repeal of the Nov. 4 decision.
It states instead:
"Every building open to public use that has received the benefit of public funds from the city of Mandan, shall provide for the installation of an automatic door for at least one main entrance to the building."
It defines an automatic door as one "equipped with a power-operated mechanism, and controls that open and close doors automatically, upon receipt of a momentary actuating signal. The switch that begins the signal may be a photoelectric device, a floor mat or manual switch."
The amendment defines public use as interior or exterior rooms or spaces that are regularly made available to the general public.
It also spells out public funds under the ordinance as use of Mandan-authorized and approved business incentives. These include tax increment financing, store front improvement funds, Renaissance Zone participation and five-year property tax exemptions.
The revised ordinance automatic doors are not required if the installation of an automatic door would be technically infeasible, if there exists pre-existing accessibility barriers that cannot be reasonably remedied or readily achievable at a reasonable cost.
It specifies the ordinance will apply to building project renovations that have applied for and received public funds subsequent to Nov. 14, 2008.
"What I disagree with, it totally has rewritten the ordinance that was passed," said Susan Beehler, co-sponsor of the original initiated measure.
"We came up with a good compromise with all parties," said Mayor Tim Helbling. "I think we are following the intent (of the original measure)." He agreed all parties were not exactly getting what they wanted, including the city. Helbling said scheduling meetings with the sponsors was difficult, but they were e-mailed or kept informed of changes.
To pass a second and final reading of the revised initiative, four of the five commissioners must approve the changes.
City Attorney Malcolm Brown said there would be a public format for the proposed changes, but it must be first scheduled for first reading.
In other business:
Eiding Electric of Bismarck was awarded the electrical contract for the Mandan Water Treatment Plant Optimization project for $698,500. That is about $198,500 over engineer estimates.
Central Mechanical Inc. of Mandan was awarded the mechanical construction of the project. That segment was about $36,000 below engineer estimates.
Helbling asked why there was such a spread between estimates and the bids that came in. He was told equipment costs have risen.
The board also voted to vacate a section of the Old Red Trail between Collins Avenue and Eighth Avenue Northeast. However, no vacation of the road will occur until a new road is built there.
The board also approved seeking requests for proposals (RFPs) for a parking study. The request was made by Mandan Business Development Director Ellen Huber after the Parking Authority met. The city has budgeted $50,000 from its Growth Fund in 2009 to pay for the study.
"It will provide an inventory of our current parking, look at the uses and project a demand," Huber said.
"It will determine if a parking structure is warranted in the future. If so, how big and where should it be located."
(Reach reporter LeAnn Eckroth at 250-8264 or leann.eckroth@bismarcktribune.com.)
Posted in Local on Tuesday, December 16, 2008 6:00 pm Updated: 2:19 pm.
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