Fargo City Commission - August 22, 2022
The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 5:00 o'clock p.m., Monday, August 22, 2022.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Preston, Strand, Mahoney (via conference call).
Absent: None.
Deputy Mayor Piepkorn presiding.
Order of Agenda Approved:
Commissioner Preston moved the Order of the Agenda be approved, moving Item Nos. 2 (a and b) and 3 from the Consent Agenda to the Regular Agenda.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.
Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on August 8, 2022 be approved as read.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.
Consent Agenda Approved:
Commissioner Kolpack moved the Consent Agenda be approved as follows:
1. Letter of Support for the 6 Broadway, LLC Project.
2. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of the following Ordinances (moved to the Regular Agenda):
a. Relating to Noise Control and Interference.
b. Relating to Use and Care of Streets and Sidewalks.
3. Settlement Agreement - Tax Increment Financing District No. 2019-02 with Roers Development, Inc. and NC Land Lease, LLC (moved to the Regular Agenda).
4. 2nd reading and final adoption of the following Ordinances; 1st reading, 8/8/22:
a. Rezoning Certain Parcels of Land Lying in Urban Plains by Brandt Sixth Addition to the City of Fargo, Cass County, North Dakota.
b. Rezoning Certain Parcels of Land Lying in Valley View Addition to the City of Fargo, Cass County, North Dakota.
5. Amended Gaming Site Authorization for VFW Post 762 at VFW Club.
6. Applications for Games of Chance:
a. Fargo South High School for a calendar raffle from 9/1/22 through 2/23/23.
b. First Choice Clinic (d/b/a W Care Center) for bingo on 9/22/22.
c. Vocational Training Center for a raffle on 9/30/22; Public Spirited Resolution.
d. North Dakota Autism Center for a raffle on 9/20/22.
e. Impact Foundation for a raffle on 10/15/22.
7. Receive and file General Fund – Budget to Actual through July 2022 (unaudited).
8. 2023 City Commission meeting dates.
9. Contracts and bonds for Project Nos. HD-22-A1 and UR-22-B1.
10. Change Order No. 1 in the amount of $10,307.12 and time extension to the substantial and final completion dates to 8/19/22 and 9/2/22 for Project
No. NR-20-A3.
11, ND Department of Transportation Cost Participation and Maintenance Agreement.
12. Land Use Agreement with Maple Valley Shops, LLC.
13. Bid award to Key Contracting Inc. in the amount of $348,929.00 for Project No. SR-22-C1.
14. Bid advertisement for Project No. FM-21-A.
15. Amendment to Agreement for Temporary Use of Space with FirstLink.
16. Resolution Authorizing the Issuance and Delivery of Allonge and Amendment to Loan Agreement (Sales Tax Revenue Bonds, Series 2008B)
(Attachment “A”).
17. State Water Commission request for cost reimbursement for the
Fargo-Moorhead Metropolitan Area Flood Risk Management in the amount of $3,555,737.95.
18. Purchase of Services Agreement with Cass County Human Service Zone.
19. Notice of Grant Award from the ND Department of Health for Community Grant Program (CFDA #93.991).
20. Amendment to the Notice of Grant Award from the ND Department of Health and Human Services for Childhood Obesity Prevention (CFDA #93.994).
21. Contract Agreement for Services with New Life Center.
22. Addendum to the mowing of tall grass and weeds – code enforcement contract with Valley Green and Associates (RFP22049).
23. Annual Massage Therapy Establishment Fee of $100.00 to cover the remainder of 2022 and all of 2023, and the annual fee to be assessed again on 1/1/24.
24. Engagement of Baker Tilly to conduct the executive search for the City Administrator position.
25. Set September 6, 2022 at 5:15 p.m. as the date and time for a hearing on a dangerous building at 2315 2nd Avenue South.
26. Resolution Approving Plat of Valley View Estates Third Addition (Attachment “B”).
27. Application for Project Safe Neighborhoods Grant Funds Request.
28. Memorandum of Understanding with the ND Soybean Processors, LLC and Cass Rural Water Users District.
29. Bills in the amount of $12,999,056.54.
Second by Preston. On call of the roll Commissioners Kolpack, Preston, Strand, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Final Reimbursements to Southeast Cass Water Resource District and Madelyn Meadows Developer Approved (Improvement District No. FM-20-C1):
The Board received a communication from the Public Works Projects Evaluation Committee stating the City and Southeast Cass Water Resource District (SECWRD) have a Cost Share Agreement and will share 50 percent of the project costs. They said through a Joint Powers Agreement and associated amendment, SECWRD is required to pay for the widening and deepening of the drain channel, while the City covers the costs associated with the flood control levee elements of the project. With previous payments made, they said, the final amount due to SECWRD is $247,425.82 for a total project cost of $740,512.73. Of the total project costs, the developer of Madelyn Meadows is responsible for LOMR work in the amount of $167,809.54. They said the developer submitted a deposit of $186,395.00 and is now due the remaining balance of $18,585.46.
Commissioner Kolpack moved final reimbursements to Southeast Cass Water Resource District in the amount of $247,425.82 and to the Madelyn Meadows developer in the amount of $18,585.46 is association with Improvement District No.
FM-20-C1 be approved.
Second by Preston. On call of the roll Commissioners Kolpack, Preston, Strand, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Amended Engineer’s Report for Improvement District No. BN-22-C Approved:
The Board received an Amended Engineer’s Report from Assistant City Engineer Tom Knakmuhs for New Paving and Utility Construction for Improvement District No. BN-22-C.
Commissioner Kolpack moved the Amended Engineer’s Report for Improvement District No. BN-22-C be approved.
Second by Preston. On call of the roll Commissioners Kolpack, Preston, Strand, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
No Protests Received for New Paving and Utility Construction Improvement District No. BN-22-N1:
The Statutory Resolution of Necessity for the construction of New Paving and Utility Construction Improvement District No. BN-22-N1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on June 20 and 27, 2022 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Kolpack moved that the Board declare that no protests have been filed to the construction of New Paving and Utility Construction Improvement District No. BN-22-N1.
Second by Preston. On call of the roll Commissioners Kolpack, Preston, Strand, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Bids Received for New Paving and Utility Construction Improvement District No. BN-22-N1:
The bids for New Paving and Utility Construction Improvement District No. BN-22-N1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., Wednesday, August 17, 2022 and the bids were found to be as follows:
Dakota Underground Company, Inc. Fargo, ND
Bid: $658,988.90
Northern Improvement Company Fargo, ND
Bid: $769,361.05
Key Contracting Inc. West Fargo, ND
Bid: $799,645.80
Contract for New Paving and Utility Construction Improvement District No. BN-22-N1 Awarded to Dakota Underground Company, Inc. in the Amount of $658,988.90:
Commissioner Kolpack offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of New Paving and Utility Construction Improvement District No. BN-22-N1 and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received August 17, 2022 for New Paving and Utility Construction Improvement District No. BN-22-N1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for New Paving and Utility Construction Improvement District No. BN-22-N1 shows the bid of Dakota Underground Company, Inc. of Fargo, North Dakota in the sum of $658,988.90 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Dakota Underground Company, Inc. in the sum of $658,988.90 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for New Paving and Utility Construction Improvement District No. BN-22-N1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dakota Underground Company Inc. for the sum of $658,988.90, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.
Second by Preston. On call of the roll Commissioners Kolpack, Preston, Strand, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
No Protests Received for New Paving Construction Improvement District No. PN-22-M1:
The Statutory Resolution of Necessity for the construction of New Paving Construction Improvement District No. PN-22-M1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on June 22 and 29, 2022 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Kolpack moved that the Board declare that no protests have been filed to the construction of New Paving Construction Improvement District No. PN-22-M1.
Second by Preston. On call of the roll Commissioners Kolpack, Preston, Strand, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Bids Received for New Paving Construction Improvement District No. PN-22-M1:
The bids for New Paving Construction Improvement District No. PN-22-M1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., Wednesday, August 17, 2022 and the bids were found to be as follows:
Dakota Underground Company, Inc. Fargo, ND
Bid: $1,442,127.52
Northern Improvement Company Fargo, ND
Bid: $1,457,179.10
Border States Paving, Inc. Fargo, ND
Bid: $1,598,388.30
Opp Construction, LLC Fargo, ND
Bid: $1,802,691.55
Contract for New Paving Construction Improvement District No. PN-22-M1 Awarded to Dakota Underground Company, Inc. in the Amount of $1,442,127.52:
Commissioner Kolpack offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of New Paving Construction Improvement District No. PN-22-M1 and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received August 17, 2022 for New Paving Construction Improvement District No. PN-22-M1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for New Paving Construction Improvement District No. PN-22-M1 shows the bid of Dakota Underground Company, Inc. of Fargo, North Dakota in the sum of $1,442,127.52 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Dakota Underground Company, Inc. in the sum of $1,442,127.52 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for New Paving Construction Improvement District No. PN-22-M1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dakota Underground Company Inc. for the sum of $1,442,127.52, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.
Second by Preston. On the vote being taken on the question of the adoption of the Resolution Commissioners Kolpack, Preston, Strand, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
Resident Comments:
Wess Philome spoke about the release of bodycam footage from the July 8th officer-involved shooting.
Construction Update:
City Engineer Brenda Derrig said there have been a couple of safety incidents to report. She said on August 15th, an employee on the 21st Avenue South project was injured and received a broken bone and stitches. That contractor is being proactive, she said, and will be doing additional training in response. On August 17th, an employee was injured on the 21st Street South project, she said, received stitches and was released from the hospital. She said information on projects can be found on the City website, Twitter and Facebook and at FargoStreets.com. She said the list of completed projects will continue to get longer as the end of the season approaches. She said the 13th Avenue South project is nearly complete and on 21st Avenue South, Phases 3 and 4 are complete with work being done for Phase 2. Phase 4 of the 18th Avenue South/40th Street Reconstruction Project is starting this week, she said, with Phases 1, 2 and 3 completed. She said 7th Avenue North is open to the public with work taking place on Oak Street south of 7th Avenue. For the 3rd Avenue and 7th Street North Project, she said, pavement is complete on 3rd Avenue; however, the contractor is being charged liquidated damages for failing to meet interim completion timelines. Phase 1 is complete on the 21st Street South Project, she said, and the water main is being installed in Phase 2. She said the citywide sidewalk project continues, three sections remain in the Asphalt Mill and Overlay Project and concrete is complete for the HAWK installation on 18th Avenue South/University and 32nd Street and 33rd Avenue South. Work continues on the Street Light and Traffic Signal Rehabilitation project, citywide pavement marking and storm water outfall repairs, she said. The 64th Avenue South overpass project is underway and work on 64th Avenue South and 45th Street South continues, she stated. Paving is complete on Veterans Boulevard, she said, the Crossroads Corporate Center project continues, much of the underground work is complete on Rocking Horse Farms underground, paving is complete on the Asphalt Wear Course, the Traffic Signal at Veterans and 37th Avenue South, work on the LOMR for Meadow View Phase 2 continues and the Golden Valley Project is being charged liquidated damages for failing to meet the substantial completion date. Flood Risk Management projects include Woodcrest Levee and Lift Station and Storm Lift Station 55 and 56 (42nd Street South and Drain 27), she said. Upcoming projects are for new development at The District of Fargo 4th Addition, 14 1/2 Street (J-Street Apartments), Legacy Addition, Rocking Horse Farms paving and drain repairs, she said.
Hearing on a Dangerous Building Located at 437 23rd Street South: City Attorney's Office Directed to Prepare the Appropriate Findings of Fact and Order:
A Hearing had been set for this day and hour on a dangerous building located at 437 23rd Street South.
The Board received a communication from Inspections Director Shawn Ouradnik submitting a Notice of Dangerous Building Order.
Mr. Ouradnik said the property owner is Cascade Funding Mortgage Trust, Mount Laurel, New Jersey. It is a single-family structure built in 1954, he said, that is currently vacant. He said the foundation shows issues of shifting, the electrical system has potential hazards, the structure has water damage, the plumbing is damaged, HVAC is not operating due to disassembly and there are rodent harborages present. As of August 4th, he said, the property has 68 calls for service in the last two years and it meets nine of the ten criteria for dangerous buildings. A letter from the Assessor’s office shows the calculated cost to cure the structure exceeds the 50% threshold within the Ordinance, he stated. He shared an outline of the timeline from the complaint on 11/20/2020 to present and shared pictures showing the condition of the building.
In response to a question from Commissioner Strand asking if expenses are recouped in these situations, Mr. Ouradnik said expenses are assessed against the property.
In response to a question from Commissioner Preston asking if the timeline can be speeded up since this took two years, Mr. Ouradnik said this property had challenges. He said the owner passed away and the nephew, who was to take possession never did; therefore, the mortgage company became owners. The mortgage and management companies would not give the City information and it took some time to be able to serve notices in order to proceed.
Commissioner Strand moved the City Attorney’s Office be directed to prepare and serve the owner with the appropriate Findings of Fact and Order and the Inspections Department be authorized to solicit proposals for the removal of this structure at 437 23rd Street South if it is not removed within the time allowed by the Board’s Order.
Second by Kolpack. On call of the roll Commissioners Strand, Kolpack, Preston, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Parcels of Land in Simonson Companies Second Addition Rezoned (5237 38th Street South and 3825, 3863 and 3901 53rd Avenue South):
At a Hearing held on August 2, 2022 the Fargo Planning Commission recommended approval of a change in zoning to repeal and re-establish a C-O, Conditional Overlay in the LC, Limited Commercial zoning district.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said the zoning change is to repeal and re-establish a C-O, Conditional Overlay in the LC, Limited Commercial zoning district to be more appropriate to the existing property. The property is undeveloped, he said, and the overlay simplifies the original detailed overlay and lines up with the adjacent property to the west.
In response to a question from Mayor Mahoney asking what they plan to build, Blake Carlson of Christianson Companies, said they are in talks; however, there is nothing to release to the public yet.
Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.
Second by Kolpack. On the vote being taken on the question of the adoption of the Resolution Commissioners Preston, Kolpack, Strand, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
First Reading of an Ordinance Rezoning Certain Parcels of Land in Simonson Companies Second Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Preston moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land in Simonson Companies Second Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.
Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, Strand, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Parcels of Land in West Acres Seventh Addition Rezoned (1882 39th Street South):
At a Hearing held on August 2, 2022 the Fargo Planning Commission recommended approval of a change in zoning from GC, General Commercial to MR-3, Multi-Dwelling Residential.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said the property is near the interchange of I-29 and I-94 and was replatted and divided a couple months ago. He said the neighboring property is MR-3, Multi-Dwelling Residential so it is not an unusual request to make this property match up to the neighboring property.
Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.
Second by Kolpack. On the vote being taken on the question of the adoption of the Resolution Commissioners Preston, Kolpack, Strand, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
First Reading of an Ordinance Rezoning Certain Parcels of Land in West Acres Seventh Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Preston moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land in West Acres Seventh Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.
Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, Strand, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Hearing on an Application Filed by Roosevelt Family Lofts, LLC for a Property Tax Exemption Continued to September 6, 2022:
A Hearing had been set for this day and hour on an application filed by Roosevelt Family Lofts, LLC for a property tax exemption for a project at 711 10th Avenue North where the applicant will build market rate multi-family housing and property management services; however, the applicant has requested the Hearing be continued to September 6, 2022.
Commissioner Strand moved the Hearing be continued to 5:15 o‘clock p.m. on Tuesday, September 6, 2022.
Second by Preston. On call of the roll Commissioners Strand, Preston, Kolpack, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Amendment No. 4 with Apex Engineering Group to Add the Westbound to Northbound Right Turn Lane at 25th Street South for the 32nd Avenue South Reconstruction Project Approved (Improvement District No. BR-22-A1):
The Board received a Report of Action from the Public Works Projects Evaluation Committee recommending approval of Amendment No. 4 with Apex Engineering Group in the amount of $9,696.00 to add a westbound to northbound right turn lane at 25th Street South for the 32nd Avenue South Reconstruction Project (Improvement District No. BR-22-A1).
City Engineer Brenda Derrig said this amendment is for the Consultant Engineer Apex Engineering Group and paperwork associated with the amendment for the documented CATEX and a Construction Change Order with Dakota Underground will come back to the Board. She said the estimated construction cost for adding the turn lane is $54,000.00 or about .27% of the total contract of nearly $20 million. She shared the current configuration of the intersection and showed the width of the boulevard with and without the turn lane.
Commissioner Strand said discussion on the turn lane was primarily affected by pedestrian and bicycle safety concerns.
Ms. Derrig said bicyclists have said that when there is a designated turn lane, the turn is anticipated and without that turn lane, people who do not use blinkers make it difficult to anticipate whether a car is turning. She said timing of signals are set to give pedestrians enough time to cross the entire roadway segment. Historically there have been six foot refuges in wider networks, she said, and signal timings are extended. She said engineers are not claiming it is safer, it is that there is an impact to the traveling public and vehicular movement when the turn lane is removed. She said when 32nd Avenue was originally designed, the standard was a 12-foot lane plus gutter, which is about 30 inches, which is a very wide roadway segment. Today, she said, 11-foot lanes are acceptable and by shrinking those a bit, the proximity naturally will slow traffic down. There are also some landscape medians through the corridor creating narrowness, she said.
Commissioner Preston said right-turn lanes can be dangerous for pedestrians not necessarily from stepping down on the curb and crossing, but when coming from the opposite side with two cars in two lanes, cars coming up to turn right are hidden and cars come right up to the crosswalk. She said she would have supported keeping the right-turn lane out of the project mainly due to work done by various focus groups and neighborhood and strategic plans to make streets more pedestrian friendly.
Commissioner Piepkorn said 32nd Avenue is a high-capacity street and the City will continue to grow in that area. If capacity is reduced it could cause more problems in the future, he said, and while everyone agrees pedestrian safety is important, the flip side is that they are streets for handling traffic.
Commissioner Kolpack said after meeting with Engineering staff on the topic, she is more comfortable with the reduced width and trusts Engineering for safety.
Mayor Mahoney said he has received a lot of comments from his neighbors and many want the right-turn lane. He said the Engineering Department has done a great job about reducing the width of the lanes and they will work to get timing right. He said he will support the motion.
In response to a question from Commissioner Strand asking about safety incidents at that intersection, Ms. Derrig said the State’s most current crash data has just been received and she will share that information. She said it is not a top intersection within the City as far as problems and the traffic count in the turn lane is about 100 per day.
Commissioner Strand said he will defer, even if in error, to enhance safety.
Commissioner Kolpack moved Amendment No. 4 with Apex Engineering Group to add the westbound to northbound right turn lane at 25th Street South for the 32nd Avenue South Reconstruction Project in association with Improvement District No. BR-22-A1 be approved.
Second by Mahoney. On call of the roll Commissioners Kolpack, Mahoney and Piepkorn voted aye.
Commissioners Strand and Preston voted nay.
The motion was declared carried.
Appointment to the Economic Development Incentives Committee Approved:
The Board received a communication from Mayor Mahoney recommending Lucas Paper be appointed to the Economic Development Incentives Committee to fill the term of Scott Beaulier who moved out of the area and is no longer eligible to serve.
Commissioner Kolpack moved Lucas Paper be appointed to the Economic Development Incentives Committee to fill the term of Scott Beaulier.
Second by Mahoney. On call of the roll Commissioners Kolpack, Mahoney, Strand, Preston and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
First Reading of an Ordinance Amending Section 11-0203, Section 11-0204 and Section 11-0209 of Article 11-02 of Chapter 11 of the Fargo Municipal Code Relating to Noise Control and Radio Interference (Moved from the Consent Agenda):
City Attorney Nancy Morris said the amendments are light touches to the Ordinances due to discussion and noise complaints Downtown. She said the Police Department suggested the decibels be increased and 65 be the top limit of noise without an event permit for amplified sound exceeding that amount. She said the hours would be limited to 6:00 AM to 10:00 PM. Permit requirements have been removed for sidewalk performers, she said, and use of amplified sound is allowed up to the specified decibel level which is changed to 65 rather than 55 which is normal conversation. To exceed 65 decibels, an event permit would be required from PD.
Commissioner Kolpack thanked those who have helped move the process to this point and she said she appreciated staff and the Mayor meeting with the vendors for more information and feedback in preparing these mitigating solutions. She said she commends the PD, Planning and the City Attorney for the quick results and she has heard from Downtown residents that there have been improvements due to enforcement now in place.
Commissioner Preston said she continues to hear from an individual wholives near a performer and it seems the issue is on the enforcement side. She said when responding to complaints the officer must have a decibel reader and it needs to be enforced.
Police Chief David Zibolski said now with a uniform standard, the PD will have sufficient decibel readers so officers will be able to enforce. He said multiple officers will be monitoring and responding to complaints with it now being about decibel limits and not permits which gives PD more ability to enforce and respond to complaints.
In response to a question from Commissioner Strand asking about enforcement and fines, Ms. Morris said there is not a change, it was previously an infraction; however, the PD did not have the guidance for enforcement so work was done with Municipal Court to add that to the bond schedule with a recommendation by the Court of a $100.00 fine for a violation. She said it is not a change, it is more of a clarification.
Chief Zibolski said an infraction is a referral to the prosecutor so violators would not be arrested unless another criminal violation was occurring. If the same activity were to continue, he said, another solution would be sought and now there is clear guidance and enforcement ability. He said the inability to enforce has been taken advantage of in some sense. He said the decibel limit is reasonable and there is the discretion to provide a warning or refer for the infraction.
Commissioner Piepkorn said it is important to point out there are no changes to the pushcart regulations and now having a consistent message will help.
Commissioner Preston said there are pushcarts that have amplified sound and the decibel limit applies to them as well.
Mayor Mahoney said staff met with pushcart owners and Dr. Hogan went out to visit pushcarts and food trucks one weekend and heard many of their difficulties and safety concerns are particularly late at night.
Commissioner Kolpack moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Amending Section 11-0203, Section 11-0204 and Section 11-0209 of Article 11-02 of Chapter 11 of the Fargo Municipal Code Relating to Noise Control and Radio Interference be placed on first reading.
Second by Strand. On call of the roll Commissioners Kolpack, Strand, Preston, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
First Reading of an Ordinance Amending Section 18-0310 and Repealing Sections 18-0310.1, 18.0310.2, 18-0310.3, 18-0310.4, 18.0310.5, 18-0310.6 and 18-0310.8 of Article 18-03 of Chapter 18 of the Fargo Municipal Code Relating to Use and Care of Streets and Sidewalks (Moved from the Consent Agenda):
Commissioner Kolpack moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Amending Section 18-0310 and Repealing Sections 18-0310.1, 18.0310.2, 18-0310.3, 18-0310.4, 18.0310.5, 18-0310.6 and 18-0310.8 of Article 18-03 of Chapter 18 of the Fargo Municipal Code Relating to Use and Care of Streets and Sidewalks be placed on first reading.
Second by Strand. On call of the roll Commissioners Kolpack, Strand, Preston, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Settlement Agreement – Tax Increment Financing District No. 2019-02 Approved (Moved from the Consent Agenda):
Commissioner Strand said he moved this for discussion due to the topic having been in front of the Board for so many months and there has been a lot of public interest. He feels it would be good to tell the public the tone and the gist of the settlement.
City Attorney Nancy Morris said the Settlement Agreement regarding Tax Increment Financing District 2019-02, is prepared in accordance with settlement discussions with Roers Development, Inc. She said it addresses the seven townhomes that were identified in the Developer Agreement, extends the completion deadline to May 31, 2023 and if there is a failure to complete the entire buildout of the townhomes, exterior and interior, it will be $300.00 per day per unfinished townhome with a maximum of $2,100.00. The TIF amount would then be paid when the buildout is complete and improvements accepted, she said, and at the time capitalized interest would begin to accrue and the TIF payment would be prorated. She said they did strike the unavoidable delays reference and included tighter acts of God for reasons this would be extended at any time. Notice of default is withdrawn, she said, if there is a default in the subsequent building, a new notice would be issued and the default period recommenced under the terms of the agreement.
In response to a question from Commissioner Preston asking if the TIF payment being withheld for that year and a half is being set aside for the Roosevelt Neighborhood, Ms. Morris said those payments would be used in accordance with the Renewal Plan approved in 2019. Dedicating the funds was proposed; however, it was not provided for under the Renewal Pan or Development Agreement, she said, it is provided for in the renewal district that benefits from TIFs.
Mayor Mahoney said the first TIF payments will go to the Planning Department to be used in the neighborhood. He said the first two years of payments that previously went to Roers now goes to the neighborhood and after that to Roers. He said there is a change in how the money is distributed and it offers the neighborhood some money for rehabilitation through Planning.
Commissioner Strand moved the Settlement Agreement – Tax Increment Financing District No. 2019-02 be approved.
Second by Preston. On call of the roll Commissioners Strand, Preston, Kolpack, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Liaison Commissioner Assignment Updates:
The Commissioners gave brief reports on the Boards and Committees on which they serve.
Commissioner Kolpack moved that the Board adjourn to 5:00 o’clock p.m., Tuesday, September 6, 2022.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:15 o’clock p.m.