Fargo City Commission - June 27, 2022 Minutes
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, June 27, 2022.
The Commissioners present or absent were as shown following:
Present: Gehrig, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.
The Mayor read a message with the following information: The Library will host Tidal Pool Creature Craft sessions Tuesday at the Main Library and Thursday at the Northport Library; the Homeward Bound Theatre Company will be at the Main Library July 11th for a performance of “Pue the Pirate;” the annual Summer Reading Challenge continues at the Library through August 20th; the Fargo Police Department Annual Community Picnic will be from 5 to 8 p.m. June 29th at Urban Plains Park; The Great Race, the world’s premier old car rally, finished Sunday in Fargo; tonight is Commissioner Gehrig’s last City Commission meeting; and videos were shown highlighting this year’s Employee Recognition event and of weekend Police activity.
Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved, moving Item No. “26” from the Consent Agenda to the Regular Agenda and referring Item No. “47” to the Police Advisory and Oversight Board.
Second by Preston. On call of the roll Commissioners Piepkorn and Mahoney voted aye.
Commissioners Gehrig, Preston and Strand voted nay.
The motion died for lack of a majority.
Commissioner Preston moved to allow public comment on Item No. “26” and to keep Item No. “47” on the Regular Agenda.
Second by Strand. On call of the roll, Commissioners Preston, Strand and Gehrig voted aye.
Commissioners Piepkorn and Mahoney voted nay.
The motion was declared carried.
Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on June 13, 2022, and the Minutes of the Special Meeting of the Board held on June 9, 2022 be approved as read.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.
Consent Agenda Approved:
Commissioner Gehrig moved the Consent Agenda be approved as follows:
1. Letter of Support for Susan’s Daycare, LLC.
2. 1st reading of a Gas Franchise Ordinance.
3. 2nd reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in MHB Guardian Addition to the City of Fargo, Cass County, North Dakota; 1st reading, 6/13/22.
4. Accept the resignation of Justin Nachatilo in exchange for a waiver and withdrawal of any and all claims relative to his employment with the City of Fargo.
5. Resolution Establishing Northern States Power Franchise Fee (Attachment “A”).
6. Site Authorizations for Games of Chance:
a. Fargo Youth Hockey Association at H.A. Thompson Arena.
b. argo Youth Hockey Association at Buffalo Wild Wings.
7. Applications for Games of Chance:
a. El Zagal Misfits for a raffle on 10/22/22.
b. St. Anthony of Padua Church for bingo and a raffle on 9/25/22.
c. El Zagal Shrine Temple for a calendar raffle the last day of each month January – December of 2023.
d. Fargo Gateway Lions for a raffle on 7/12/22.
e. EagleRidge Legacy Fund, Inc. for a raffle on 7/21/22; Public Spirited Resolution.
8. Extension of the Class “FARZ” Alcoholic Beverage License for the New Monte’s, Inc. d/b/a Twist until 12/31/22.
9. Extension of the Class “A-8” Alcoholic Beverage License for BFG, Inc. d/b/a Borrowed Buck’s Roadhouse until 12/31/22.
10. City of Fargo Resolution Authorizing Officers to Make Deposits and Withdrawals and approve the Designated Depositories (Attachment “B”).
11. Bid award to CC Steel, LLC in the amount of $761,640.57 for Project No. FM-22-B1.
12. Contract Amendment No. 1 with Metro COG in the amount of $44,976.65 for Project No. MS-21-H0.
13. Change Order No. 1 for an increase of $149,943.80 for Project No. FM-19-C1.
14. Reallocation of funds in the amount of $63,547.00 for additional cleaning services at City Hall with Automated Maintenance Service (RFP21014-B).
15. Reallocation of funds in the amount of $25,000.00 to reimburse Fargo Baseball, LLC for the leveling of the infield at Newman Outdoor Stadium (SSP22062).
16. Reallocation of funds in the amount of $439,080.00 for the buildout of the PD Substation and Interstate Parking Offices at the Mercantile Parking Ramp.
17. Rate of $.30/minute for the Electric Vehicle Charger at City Hall effective 7/1/22.
18. Receive and file General Fund – Budget to Actual through May 2022 (unaudited).
19. State Water Commission request for cost reimbursement in the amount of $1,391,419.51 for the Fargo-Moorhead Metropolitan Area Flood Risk Management Project.
20. Contract with EAPC for the remodeling of Fire Station No. 2 and the construction of Fire Station No. 8 (RFQ22059).
21. Notice of Grant Award Amendment from the ND Department of Health for PHEP – Statewide Response Team (CFDA #93.069).
22. Notice of Grant Award Amendment from the ND Department of Health for local public health unit Tobacco Prevention and Control Program.
23. Notice of Grant Award from the ND Department of Health and Human Services for Increasing Immunization Rates for local public health units (CFDA #93.268).
24. Agreement for Services with AE2S (SSP22105).
25. Resolutions Approving the following Plats:
a. GPK Addition (Attachment “C”).
b. Asleson Commercial Third Addition (Attachment “D”).
26. Direct the City Attorney to examine Chapters 18-03 and 11-02 (moved to the Regular Agenda).
27. Memorandum of Understanding with the United States Postal Inspection Service.
28. Amendments to Contract Nos. 38190959 and 38190973 with the ND Department of Transportation.
29. Contract with Valley Green & Associates for Transit Passenger Shelter and Hub Snow Clearing and Hauling Services.
30. Contract with Valley Green & Associates for Transit Passenger Shelter Maintenance Services.
31. Water Utility personnel to provide written comments to the EPA regarding new State Revolving Fund (SRF) program requirements.
32. Contract and bond for Project No. SW 22-01, GTC Elevator Modernization (AFB22087) and Municipal Court Reroof Project (AFB22088).
33. Bills in the amount of $17,784,179.50.
Second by Preston. On call of the roll Commissioners Gehrig, Preston, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Change Order No. 3 for Improvement District No. BN-21-H1 Approved:
Commissioner Gehrig moved Change Order No. 3 for an increase of $39,512.07 for Improvement District No. BN-21-H1 be approved.
Second by Preston. On call of the roll Commissioners Gehrig, Preston, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Payment to Lumen Approved (Improvement District No. BN-22-F1):
The Board received a communication from the Public Works Projects Evaluation Committee stating a utility hand hole had to be relocated at a cost of $1,227.18 in association with work being done on Improvement District No. BN-22-F1.
Commissioner Gehrig moved the payment to Lumen in the amount of $1,227.18 for relocation of a utility hand hole in association with Improvement District No. BN-22-F1 be approved.
Second by Preston. On call of the roll Commissioners Gehrig, Preston, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Change Order No. 3 for Improvement District No. BR-21-C1 Approved:
Commissioner Gehrig moved Change Order No. 3 for a time extension to the substantial and final completion dates of 10/1/22 and 10/31/22 for Improvement District No. BR-21-C1 be approved.
Second by Preston. On call of the roll Commissioners Gehrig, Preston, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Permanent Easement (Storm Sewer) with V V Estates, LLC Approved (Improvement District No. BN-21-E1):
The Board received a communication from Land Acquisition Specialist Shawn Bullinger requesting approval of a permanent storm sewer easement with V V Estates, LLC in association with Improvement District No. BN-21-E1.
Commissioner Gehrig moved a Permanent Easement (Storm Sewer) with V V Estates, LLC in association with Improvement District No. BN-21-E1 be approved.
Second by Preston. On call of the roll Commissioners Gehrig, Preston, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Permanent Easement (Storm Sewer) with 76th Street Holdings, LLC Approved (Improvement District No. BN-22-J1):
The Board received a communication from Land Acquisition Specialist Shawn Bullinger requesting approval of a permanent storm sewer easement with 76th Street Holdings, LLC in association with Improvement District No. BN-22-J1.
Commissioner Gehrig moved a Permanent Easement (Storm Sewer) with 76th Street Holdings, LLC in association with Improvement District No. BN-22-J1 be approved.
Second by Preston. On call of the roll Commissioners Gehrig, Preston, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Use of ACE Fibers with No Modifications to the Asphalt Oil and Associated Change Order Approved (Improvement District No. PN-22-A1):
The Board received a communication from the Public Works Projects Evaluation Committee stating a proposal came from Brock White, along with Border States Paving to use ACE Fibers in the asphalt as a measure to try to improve the life of the pavement. They said ACE Fibers are used in many industries and applications and are mixed in with the oil and rock to provide a 3-dimensional reinforcement throughout the asphalt layer. They said the total estimated additional cost to the project is $86,625.00.
Commissioner Gehrig moved the use of ACE Fibers with no modifications to the asphalt oil and associated change order in association with Improvement District No. PN-22-A1 be approved.
Second by Preston. On call of the roll Commissioners Gehrig, Preston, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Contract for New Paving and Utility Construction Improvement District No. BN-22-F1 Approved:
Commissioner Gehrig moved the Contract between the City of Fargo and Dirt Dynamics, LLC for New Paving and Utility Construction Improvement District No. BN-22-F1 in the City of Fargo, North Dakota, be approved.
Second by Preston. On call of the roll Commissioners Gehrig, Preston, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Contract Bond for New Paving and Utility Construction Improvement District No. BN-22-F1 Approved:
Commissioner Gehrig moved the following described Contract Bond be approved as to sufficiency:
RLI Insurance, in the amount of $1,738,419.74, for New Paving and Utility Construction Improvement District No. BN-22-F1 in the City of Fargo, North Dakota.
Second by Preston. On call of the roll Commissioners Gehrig, Preston, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Resident Comments:
Don Wold spoke about the need for more specific guidelines for food trucks in the Downtown area.
City of Fargo’s Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2022 Approved:
A Hearing had been set for this date and hour to consider the City of Fargo’s Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2022.
The Board determined that there have been no written or verbal protests and no one is present to protest thereto.
Transit Director Julie Bommelman said the Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2022 made available to the City this year are 25 percent higher over last year at $2,602,232.00. She said $537,526.00 of the apportionment includes funds for meeting Small Transit Intensive Cities Performance Data indicators. The City is required to hold a Public Hearing prior to submitting and executing the application, she said, and a Program of Projects was developed by Transit to be submitted and executed with the application for the fund.
Commissioner Strand moved the City of Fargo’s Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2022 be approved.
Second by Gehrig. On call of the roll Commissioners Strand, Gehrig, Piepkorn, Preston and Mahoney voted aye,
No Commissioner being absent and none voting nay, the motion as declared carried.
Hearing on a Dangerous Building Located at 1108 18th Street North: 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 1108 18th Street North.
Inspections Director Shawn Ouradnik said a Code Enforcement Inspector was called for junk, trash and abandoned vehicle complaints at 1108 18th Street North and upon inspection of the premises, several violations were found including exterior walls having loose or rotting materials, accumulation of junk and an unsafe shed in the rear yard. He said the house was built in 1928 and the shed looks as if it were built around the same time and there is no supporting valuation for the shed. The timeline started in July 2019, he said, and includes several junk removal notices, final notices and investigations, which culminated in the posted notice of today’s Hearing. He said in total, there were 29 calls made to Inspections and Police with complaints about conditions at this address. A Notice of Dangerous Building Hearing was mailed to the owners via registered mail on June 17, 2022, he said, and a Notice of Hearing was also posted on the shed. The owners of the house, Ross M. and Heidi M. Krotech, live in West Fargo, he stated, and have failed to comply with the order to obtain a permit to restore the heavily damaged shed or remove it within the time allowed by City code. The next steps after this Hearing, he said, are the issuance of the Findings of Fact document and then the deadline for the owners to appeal to District Court is July 27, 2022. He said the deadline for the City to proceed with action on the City Commission’s recommendation to demolish the structure is August 27, 2022. The house and garage are not to the dangerous building point yet, he said; however, they are on the Inspections Department watch list.
In response to a question from Commissioner Piepkorn asking if Inspections was able to find out if there is a loan on the property or if they tried to contact previous owners, Mr. Ouradnik said the Krotechs received the property from a deceased relative and it is a free and clear property. He said the small shed would not take much to take it down.
Ross Krotech, owner of the property at 1108 18th Street North, said the only thing he recalls receiving from the City is a certified letter. He said he is getting the property ready to sell and knows there is work to do; however, he has not had time to finish the work. He said it is his intent to sell the property and he will get the shed taken down.
In response to a question from Commissioner Piepkorn asking if Mr. Ouradnik could talk to the owner and get things arranged due to the fact that if the owner is willing do to the demolition himself, it will save money. Mr. Ouradnik said he would talk to Mr. Krotech and help him make decisions on how to remove the building; however, he wants the City Commission to move on this in order to get a firm timeline of when things need to be done. He said Mr. Krotech needs a permit for demolition and then has about two months to get the demolition done. He said if need be, an extension can be granted if it is shown that progress is being made.
Commissioner Piepkorn 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 if it is not removed within the time allowed by the Board’s Order.
Second by Preston. On call of the roll Commissioners Piepkorn, Preston, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Hearing Regarding Amendments to the 2021 and 2022 HUD Action Plans:
A Hearing had been set for this day and hour to consider Amendments to the 2021 and 2022 HUD Action Plans.
Community Development Planning Coordinator Tia Braseth said the proposed amendment to the 2021 HUD Action Plan is an increase in the Milton Earl multi-family rental budget of $300,000.00, which would come from a reallocation from the 2022 Action Plan. She said the Milton Earl project is under construction at 708 4th Avenue North; however, due to construction costs, inflation, a delayed timeline resulting from the environmental assessment process and increased legal fees for project review and preparation, a funding gap has occurred. She said the project was initially approved at the June 28, 2021 City Commission meeting and amended at the October 18, 2021 City Commission meeting. The proposed amendment to the 2022 HUD Action plan is to cancel the Kmart Phase 1 and 2 multi-family rental activity, she stated, and reallocate the funds. Due to a change in funding sources during the environmental review process, she said, the project must be canceled for use with HUD federal funds. As a result, she stated, $800,000.00 must be reallocated and $300,000.00 is being addressed by this amendment. The remaining $500,000.00 from this canceled activity will be addressed by a future amendment to the 2022 Action Plan. She said no action is required tonight by the City Commission and comments and suggestions from the public are encouraged through the public comment period, which runs through July 8, 2022. She said final consideration of the amendments will be July 11, 2022.
Mayor Mahoney closed the public hearing.
Hearing for the Proposed HOME American Rescue Plan Program Allocation Plan and Related 2021 Annual Action Plan Amendments:
A Hearing had been set for this day and hour to consider the Proposed Home American Rescue Plan (ARP) Program Allocation Plan and Related 2021 Annual Action Plan Amendments.
Community Development Planning Coordinator Tia Braseth said Planning and Development Department staff are proposing amendments to the 2021 Action Plan, previously amended and approved by the City Commission on May 2, 2022. She said an additional allocation of funding was released as part of the HOME ARP and this one-time funding is to be used to support homelessness prevention efforts and housing stability activities. A summary of the City’s HOME-ARP Allocation Plan, she said, includes adding $1,697,107.00 to the 2021 Annual Action Plan Resources to support homelessness prevention efforts and housing stability with $550,000.00 for rehabilitation of the YWCA Lantern Light Apartments, $450,000.00 each to Southeastern North Dakota Community Action Agency and Presentation Partners in Housing to increase each organization’s capacity to carry out homeless prevention and diversion activities, and $247,107.00 for operational support for the Downtown Engagement Center. She said this is a public hearing only, no action is required from the City Commission tonight and final consideration of the plan will be July 11, 2022.
Mayor Mahoney closed the public hearing.
Revised Developer Agreement with Grove Enclave LLC for Tax Increment Financing District No. 2021-03 Approved (2301 University Drive South):
A Hearing had been set for this day and hour to review a Revised Developer Agreement with Grove Enclave LLC for Tax Increment Financing District No. 2021-03, which consists of redevelopment of the old Kmart site on University Drive South. The project is to demolish a vacant commercial building and construct new development with affordable housing and commercial space, a restaurant and a coffee shop with construction to begin in 2022 and be completed by the end of 2024.
No written protests have been filed for the attention of the Board.
Director of Strategic Planning and Research Jim Gilmour said the City Commission approved a Renewal Plan and Developer Agreement December 27, 2021 for the redevelopment of the Kmart site on South University Drive. He said the approved Agreement included a requirement for 80 units of affordable housing to be built by Beyond Shelter. Due to US Department of Housing and Urban Development (HUD) environmental rules, he said, some of the money expected for this project will not be available and the developer was unaware of this rule. Beyond Shelter is still planning to acquire the western portion of the property, he said, and will work to complete 39 units. He said the Agreement was for 80 units and since Beyond Shelter cannot build 80 units, the Agreement needs to be revised. He said as long as the developer sells the property to Beyond Shelter, the developer is not responsible if the units are not built. He said nothing else has changed and the developer will still be at risk if development does not occur. He said he is presenting a revised Developer Agreement for consideration due to the uncertainty of the amount of affordable housing and a delayed schedule. The other terms of the Agreement are not changing, he said, and the developer will receive $1.4 million in Tax Increment Financing (TIF) to demolish the building and provide some infrastructure. He said a Public Hearing on the Developer Agreement was part of the review process; therefore, due to the change to the Developer Agreement, a second public Hearing was scheduled.
In response to a question from Commissioner Preston asking if there will be TIF payments to the developer or would those payments be held until the low-income housing is built, Mr. Gilmour said the low-income housing does not pay much in property taxes and the TIF income will come from commercial units on the property.
In response to a question from Commissioner Preston asking if there is a way to insure affordable housing is going to be built, Mr. Gilmour said Beyond Shelter is under contract with Enclave to build low income housing.
Dan Madler, CEO of Beyond Shelter, said the world is changing quickly and it affects how Beyond Shelter arranges financing. He said there are environmental challenges at the Kmart site; however, once it is a clean site, the TIF will support future development. He said Beyond Shelter’s plan is to look at financing, work towards a groundbreaking this fall for 39 units of affordable senior housing and use for the rest of the land is to be determined, he said. Beyond Shelter will look at possibly building more units in the future if financing can be determined, he said, and if not, Beyond Shelter could use it for needed office space.
In response to a question from Commissioner Gehrig asking if Beyond Shelter was paying into the TIF, Mr. Gilmour said they pay very little due to the fact that the building is exempt; however, if there is an increase in the land value there could be some tax due, yet Enclave is still capped at the same amounts for demolition, clean-up and storm water facilities.
Commissioner Gehrig said even though Enclave is not getting more money due to these changes, he would still vote against it.
Commissioner Strand said this is how it works when a developer needs to modify an agreement. He said if developers have problems, it is imperative they work with the City Commission and communications need to be open, which was not the case with the Newman Center project. It is great to see the improvements on both sides of University Drive south of I-94, he said, and the area will look more modernized in the near future.
Commissioner Piepkorn moved the revised Developer Agreement with Grove Enclave LLC for Tax Increment Financing District No. 2021-03 be approved.
Second by Preston. On call of the roll Commissioners Piepkorn, Preston, Strand and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.
Application to Transfer the Alcoholic Beverage License for D&C Lab, LLP d/b/a Labby’s Bar Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "Z" Alcoholic Beverage License for D&C Lab, LLP d/b/a Labby’s Bar located at 1100 19th Avenue North due to an ownership change, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said the owner of the business is bringing on a new partner due to the fact that the previous partner is no longer involved in the business.
Commissioner Piepkorn moved the application be approved.
Second by Gehrig. On call of the roll Commissioners Piepkorn, Gehrig, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Accept the Results of the Cass County Canvassing Board for the June 14, 2022 Primary Election, Declare Candidates Elected and Term Limits Passed:
City Auditor Steve Sprague said the Cass County Canvassing Board met on June 27, 2022 to certify the results of the Election. He said the results were as follows:
Total City of Fargo Votes Cast: 15,090
For Mayor of the City of Fargo:
Four Years
Timothy Mahoney 9,727 (elected)
Arlette Preston 4,822
Shannon Roers Jones 3,732
Hukun Dabar 2,714
Michael Borge 1,352
Sheri Fercho 921
Dustin Elliott 575
For Commissioner of the City of Fargo:
Four Years
Denise Kolpack 6,412 (elected)
Dave Piepkorn 5,834 (elected)
Al Carlson 4,839
Jodi Plecity 4,668
Anna Johnson 3,986
Jennifer Benson 3,713
Matuor Alier 3,248
Ahmed Shill 3,115
Victoria Johnson 2,564
Will Thompson 2,476
Branden Krieger 1,670
Lenny Tweeden 1,177
Ves Marinov 1,019
T.G. “Tom” Magin 842
Philip Deery 700
For Members of the Park Board:
Four Years
Vicki Dawson 9,052 (elected)
Joe Deutsch 8,195 (elected)
Aaron Hill 5,685 (elected)
Jim Frueh 4,700
Jacqueline Dotzenrod 4,007
He said as to the question on whether the City of Fargo should have term limits, the question received 12,124 “yes” votes and 2,966 “no” votes.
In response to a question from Commissioner Preston asking what the City’s legal role is in the election results, Mr. Sprague said Cass County is running and conducting the election and this is a vote to accept the results of Cass County’s election process.
In response to a question from Commissioner Preston, who said there were some issues this year with the election process and could the City Commission see a report on how the election process worked, Mr. Sprague said there will be a follow-up meeting on August 4th with members of the County who were involved in the election and hopefully there can be some improvements to the election process in the future.
Commissioner Preston said she would like Mr. Sprague to provide a report to the City Commission after the August 4th follow-up meeting.
Commissioner Gehrig moved the results of the Cass County Canvassing Board be accepted and declare candidates elected; and the question on term limits passed.
Second by Preston. On call of the roll Commissioners Gehrig, Preston, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
University Drive and 10th Street Corridor Study Update:
Transportation Division Engineer Jeremy Gorden said the study is in its early stages and will be looking at University Drive and 10th Street from 13th Avenue South to 19th Avenue North to determine how well the roadways are serving Fargo's core neighborhoods. He said it is not very often that studies are done to see how streets can be improved in the future. Next month, he said, the consultant team, Engineering, Planning and Communications Departments will be sending information out and seeking community input. This year the City will hear what people have to say, he said, and then come up with some concepts and potentially have some strategies for implementation in late 2023. He said part of the study is to define the relationship between the street and surrounding land uses and neighborhoods, and if the streets should feel different in different places, what areas are most likely for new development and can the design of the street enhance those opportunities. He said commercial property owners and businesses would receive phone calls, emails, flyers and announcements as will residents affronting the two roadways and residents in adjacent neighborhoods. He said there would be interviews with major destinations such as NDSU and the FARGODOME and the strategy and schedule would include a corridor visit by the consultant group as well as focus groups such as students, employees and business owners. The outreach activity is intended to lead to findings that will result in recommendations for further consideration by the City Commission, he said.
Planning Director Nicole Crutchfield said studying the corridor needs now puts the City in line for possible future funding from the Federal government. The public outreach will include knocking on doors, she said, as well as small group discussions and meeting with destination employers. She said it is more about how do you want the streets to look and feel and how do people use the streets. The study is just getting going and she wanted to give everyone a heads up as mailers and other forms of communication start to go out.
In response to a question from Commissioner Piepkorn asking if University Drive and 10th Street are considered state highways, Mr. Gorden said they are both State Highway 81 and therefore would be considered for funding that includes 80 percent federal, 10 percent state and 10 percent local.
In response to a comment from Commissioner Preston stating many of the homes along University Drive and 10th Street are rentals and she hopes the residential comment area would be expanded beyond those that front these roads, Ms. Crutchfield said neighborhood associations will be involved.
In response to a question from Commission Gehrig asking if bike lanes would be included, Mr. Gorden said everything would be explored, from reducing the roads to one lane, adding on-street parking and more crosswalks.
Commissioner Strand said he hopes the study will consider the tree canopy and not assume trees can be discarded.
Application for a Property Tax Exemption for Improvements Made to a Building Approved:
Commissioner Piepkorn moved the application filed by James and Jodi Spaeth, 262 Oakwood Court South for a 5-year property tax exemption for improvements made to a building be approved.
Second by Gehrig. On call of the roll Commissioners Piepkorn, Gehrig, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Justin Schoenberg Reappointed to the Board of Appeals:
The Board received a communication from Mayor Mahoney recommending that Justin Schoenberg be reappointed to the Board of Appeals.
Commissioner Gehrig moved Justin Schoenberg be reappointed to the Board of Appeals for a five-year term ending June 30, 2027.
Second by Preston. On call of the roll Commissioners Gehrig, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Discussion on Fargo Police Department Internal Investigations:
Wess Philome addressed the City Commission about past internal investigations at the Fargo Police Department.
City Attorney Directed to Examine Chapters 18-03 and 11-02 of the Fargo Municipal Code (Moved from the Consent Agenda):
Planning Director Nicole Crutchfield said Police, Planning, Health and Engineering have raised issues and concerns with respect to processing permits and addressing enforcement and code conflicts regarding noise, sidewalk performers and push carts. She said as Downtown has become busier, new conflicts have arisen from vendors, residents and visitors. An opportunity exists for the City to work with Downtown InFocus consultants as part of this review, she said, and will seek to provide clarity to existing Ordinances in respect to permit processes, appeals and enforcement tools. She said the complaints include sidewalks are too crowded, which causes Americans with Disabilities Act (ADA) concerns, visibility and safety concerns, sound after 10 p.m. is a nuisance to residents and hotel guests, congregating customers and equipment block sidewalks, grease, grime and trash from vendors, lack of enforcement options and First Amendment rights concerns. The consensus among various departments, she said, is review of the Ordinances is necessary and extensive as intra-department coordination procedures are needed, along with clear City Commission and public guidance. She said staff is seeking City Commission approval to direct Planning, Health, Engineering and Police Departments to work with the City Attorney to help streamline processes and address potential deficiencies with the goal of presenting findings and recommendations to the City Commission in January 2023. She said staff would engage with the public and rely on feedback from the Downtown Community Partnership, the Business Improvement District and Downtown neighborhood associations as well as members of the community at large. She would like to come back in two weeks with short-term edits to the Ordinances, she said, then work with stakeholders and City departments for a more streamlined permitting process.
Commissioner Piepkorn said food carts are a good idea to have around when the bars close so patrons can eat some food before they go home. He said the biggest issue he has heard about is the amplification issues.
In response to a question from Commissioner Strand asking what is the process for buskers to get permits, Ms. Crutchfield said they come to Planning, fill out a form and it takes a day or two to coordinate with Police and Human Resources. After all of the paperwork is done, she said, the busker receives a badge and a list of components to be mindful of and then they are free to do their work. She said she was not aware that some of these same people were also getting permits from the Police Department for amplified sound.
Mayor Mahoney said food trucks need help in understanding where they can and cannot park and the food trucks are actually permitted through the Health Department. He said it seems there are three or four departments doing three or four different things.
Commissioner Strand asked for a report on how allowing alcohol to be carried at events has worked out and to look at the pros and cons of camera surveillance.
Commissioner Preston moved to authorize staff and the City Attorney to examine Chapter 18-03 and Chapter 11-02 of the Fargo Municipal Code Regarding Noise Ordinances, Sidewalk Performers and Push Carts for consideration by the City Commission and to report back to the City Commission in two weeks with short-term edits to the Ordinances.
Second by Piepkorn. On call of the roll Commissioners Preston, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Monday, July 11, 2022.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:28 o’clock p.m.