Board of City Commissioners - October 3, 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, October 3, 2022.

The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: ND Job Service will offer walk-in services at the Carlson Library October 4th; Paws for Reading sessions offer an opportunity for kids to read to a dog; and the One Book, One Community reading project includes a number of related events. A video featuring the installation of exterior and interior illuminated panels on City Hall was shown, the artists selected are Brett Lysne and Troy Becker. The Mayor said the Maris jersey on display commemorates Fargo’s Homerun King, last week Aaron Judge tied Roger Maris’ record.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved, moving Item No. 3 on the Consent Agenda to the Regular Agenda.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Kolpack moved that the Minutes of the Regular Meeting of the Board held September 19, 2022 be approved as read.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.

Consent Agenda Approved
Commissioner Preston moved the Consent Agenda be approved as follows:

1. Receive and file an Ordinance Amending Section 21-0102 of Chapter 21 of the Fargo Municipal Code Relating to the International Building Code (Child Care Facility Bathtub/Shower Requirements).

2. 1st reading of an Ordinance Amending Section 12-0106 of Article 12-01 of Chapter 12 of the Fargo Municipal Code Relating to Impounded
Animals-Procedure for Impounding.

3. 2nd reading and final adoption of an Ordinance Amending Sections 12-0406 and 12-0408 and Repealing Sections 12-0402, 12-0405, 12-0407 and 12-0408 of Article 12-04 of Chapter 12 of the Fargo Municipal Code Relating to Wildlife Management Program-Regulations (moved to the Regular Agenda).

4. Findings of Fact, Conclusions and Order and Notice of Entry of Order for property at 924 5th Street South.

5. Applications for Games of Chance:
a. NDSU Saddle and Sirloin for a raffle board on 11/2/22.
b. Becky Atkins Benefit/DMF for a raffle on 11/10/22; Public Spirited Resolution.
c. Fargo Angels Hockey Club for a calendar raffle from 1/1/23 through 1/31/23 (daily).
d. United Way of Cass-Clay for a raffle on 10/31/22.
e. United Way of Cass-Clay for a raffle board on 10/20/22.
f. Project Pink for a raffle on 10/13/22.

6. Third Amendment to Lease Agreement with Downtown Community Partnership.

7. Second Amendment to Service Agreement with Granicus, LLC (RFP21195).

8. Change Order No. 3 in the amount of $6,782.31 for Project No. UR-21-A1.

9. Rejection of bids for Project No. FM-21-A1.

10. Additional funds for the Mercantile PD Substation and Interstate Parking Offices build out in the amount of $59,373.00.

11. Bid award and contract for PD Headquarters Media Room expansion (RFP22106).

12. Contract Amendment with EAPC for the remodeling of Fire Station No. 2 and construction of Fire Station No. 8 (RFQ22059).

13. Agreement for Services with Fargo-Moorhead Metropolitan Council of Governments.

14. Notice of Grant Award with the ND Department of Health and Human Services for Community Coalition (CFDA #93.991).

15. Notice of Grant Award Amendment with the ND Department of Health and Human Services for the WIC program (CFDA #10.557).

16. Amendment to the Agreement for Services with Annie Wood.

17. Agreement for Services with AE2S Communications

18. Increase the vacation maximum accrual carryover to 320 hours and a one-time vacation payout based on the proposed tiered system.

19. Dental Insurance renewal effective 1/1/23.

20. Set October 17, 2022 at 5:15 p.m. as the date and time for a hearing on a dangerous building at 509 21st Street North.

21. Resolutions Approving the following Plats:
a. Simonson Companies Third Addition.
b. Timber Parkway Eighth Addition.
c. Timber Parkway Ninth Addition.
d. Craigs 16th Street Addition.
e. Peterson Second Addition.

22. Receive and file the August 2022 Traffic Enforcement Efforts.

23. ND Department of Transportation Traffic Safety Contract for Click It or Ticket, Speed Enforcement, Distracted Driving Enforcement, Alcohol Enforcement, Underage Enforcement and Media (CFDA Nos. 20.616 and 20.600) and Agreement for Participation in the ND Highway Safety Plan.

24. Bid award for the Fargo Police Department Indoor Firearms Range Upgrade (RFP22100).

25. Third Addendum to Sewer Agreement with the City of Reile’s Acres.

26. Contract with Ambassador Cleaning for Custodial Services at the Ground Transportation Center and Metro Transit Garage (RFP22167).

27. Bid advertisement for Project No. WA2158.

28. Sole Source Procurement with Ovivo USA, LLC in the amount of $653,800.00 for Project No. WA2152.

29. Change Order No. 1 in the amount of $1,125.00 for Project No. WA2005.

30. Bills in the amount of $13,797,245.24.

Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, 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-22-A1 Approved:
Commissioner Preston moved Change Order No. 3 for an increase of $85,025.01 for Improvement District No. BN-22-A1 be approved.
Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, Piepkorn, Strand and Mahoney voted aye.No Commissioner being absent and none voting nay, the motion was declared carried.

Negative Final Balancing Change Order No. 1 for Improvement District No. BN-21-B1 Approved:
Commissioner Preston moved Negative Final Balancing Change Order No. 1 in the amount of -$16,657.35 for Improvement District No. BN-21-B1 be approved.
Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

North Dakota Department of Transportation Cost Participation, Construction and Maintenance Agreement LPA Federal Aid Project Approved (Improvement District No. BN-23-A1):
The Board received a communication from the Public Works Projects Evaluation Committee stating they reviewed correspondence from Civil Engineer Eric Hodgson regarding a Cost Participation and Maintenance Agreement (CPM) with the NDDOT for a project located at 52nd Avenue South from 63rd Street to Sheyenne Street. The City of Fargo will be taking the lead on the project, they said and will need to enter into a CPM Agreement with the NDDOT and the local entities.

Commissioner Preston moved the North Dakota Department of Transportation Cost Participation, Construction and Maintenance Agreement LPA Federal Aid Project for Improvement District No. BN-23-A1 be approved.

Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Permanent Easement (Sanitary Sewer) with the State of ND and ND State Board of Higher Education Approved (Improvement District No. BN-22-C1):
Commissioner Preston moved the Permanent Easement (Sanitary Sewer) with the State of North Dakota and the ND State Board of Higher Education on behalf of North Dakota State University of Agriculture and Applied Science in association with Improvement District No. BN-22-C1 be approved.

Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

New Paving and Utility Construction Improvement District No. BN-23-A (On 52nd Avenue South from 63rd Street to the Sheyenne River):
Commissioner Preston moved the following action be taken in connection with New Paving and Utility Construction Improvement District No. BN-23-A:

Adopt Resolution Creating Improvement District No. BN-23-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BN-23-A in the City of Fargo, North Dakota, be created

On 52nd Avenue South from 63rd Street to the Sheyenne River.

COMPRISING:
Deer Creek Addition Block 1, Lot 1 through Lot 7, and Lot 10 through Lot 38.
Deer Creek Addition Block 2, Lot 1 through Lot 11.
Deer Creek Addition Block 3, Lot 1 through Lot 9.
Deer Creek Addition Block 4, Lot 1 through Lot 31.
Deer Creek Addition Block 5, Lot 1 through Lot 7, and Lot 12 through 22.
Deer Creek Addition Block 6, Lot 1 through Lot 13.
Deer Creek Addition Block 7, Lot 1 through Lot 14.
Deer Creek Addition Block 9, Lot 1 through Lot 23.
Deer Creek Addition Block 10, Lot 1 through Lot 32.
Deer Creek Addition Block 24, Lot 15 through Lot 33.

Ashwood 4th Addition, Block 1, Lot 1 through Lot 27.
Ashwood 4th Addition, Block 2, Lot 1 through Lot 8.
Ashwood 4th Addition, Block 3, Lot 1.
Ashwood 4th Addition, Block 4, Lot 1 and Lot 2.

Deer Creek 2nd Addition Block 1, Lot 1 and Lot 2.

Grayland 1st Addition Block 1, Lot 1 through Lot 26.
Grayland 1st Addition Block 2, Lot 1 through Lot 11.
Grayland 1st Addition Block 3, Lot 2 through Lot 18.
Grayland 1st Addition Block 4, Lot 1 through Lot 10.

All unplatted land located east of the Sheyenne River in the northwest quadrant of Section 5, Township 138N, Range 49W.

All of the foregoing is located in the Annexed or ET area of the City of Fargo, Cass County, North Dakota.

NOW, THEREFORE, BE IT RESOLVED, That New Paving and Utility Construction Improvement District No. BN-23-A in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost from the City Engineer for Improvement District No. BN-23-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-23-A in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction (the Engineer's estimate of cost is $16,148,736.95.)
Order Plans and Specifications for Improvement District No. BN-23-A:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BN-23-A in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-23-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-23-A in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. BN-23-A in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring New Paving and Utility Construction Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct New Paving and Utility Construction Improvement District No. BN-23-A in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said New Paving and Utility Construction improvement is to be paid from State and Local Funds, and approximately 11% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed New Paving and Utility Construction must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

Direct City Auditor's Office to Call for Bids for Improvement District No. BN-23-A:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BN-23-A in the City of Fargo, North Dakota.

Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, 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-C1 Approved:
Commissioner Preston moved the Contract between the City of Fargo and Dakota Underground Company, Inc. for New Paving and Utility Construction Improvement District No. BN-22-C1 in the City of Fargo, North Dakota, be approved.

Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, 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-C1 Approved:
Commissioner Preston moved the following described Contract Bond be approved as to sufficiency:
United Fire and Casualty Company, in the amount of $18,578,544.59, for New Paving and Utility Construction Improvement District No. BN-22-C1 in the City of Fargo, North Dakota.

Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Resident Comments:
Jacqueline Dotzenrod spoke on domestic violence laws, Wess Philome spoke on Downtown public safety and Christopher Coen spoke on the Wildlife Management Program.

Special Assessment List for Business Improvement District (BID) Fees Continued to October 17, 2022:
A Hearing had been set for this day and hour on the special assessment list for Business Improvement District (BID) fees in the City of Fargo, North Dakota; however, staff has asked that this Hearing be continued to October 17, 2022.
Commissioner Piepkorn moved that the Hearing on the special assessment list for Business Improvement District (BID) fees be continued to 5:15 o’clock p.m. on Monday, October 17, 2022.

Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Strand, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Special Assessments for Unpaid Utility Bills on Certain Properties in the City of Fargo Continued to October 17, 2022:
A Hearing had been set for this day and hour on special assessments for unpaid utility bills on the list of properties on file in the City Auditor’s Office; however, staff has asked that this Hearing be continued to October 17, 2022.

Commissioner Piepkorn moved that the special assessments for unpaid utility bills on the list of properties on file in the City Auditor’s Office be continued to 5:15 o’clock p.m. on Monday, October 17, 2022.

Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Strand, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Hearing on a Dangerous Building Located at 2315 2nd Avenue South: City Attorney's Office Directed to Prepare the Appropriate Findings of Fact and Order:
A Hearing had been set for September 6, 2022 on a dangerous building located at 2315 2nd Avenue South.
At the September 6, 2022 Regular meeting, the Hearing was continued to this day and hour.

The Board received a communication from Inspections Director Shawn Ouradnik submitting a Notice of Dangerous Building Order.

Mr. Ouradnik said the 988 square foot single story wood framed structure has a basement and 2-stall attached garage. He said there have been 26 calls for service at the property since November 2018 and he shared photos and a list of its damages and deterioration.
Property Owner Sara Sabo (via conference call) said she is closing on the sale of the house which is scheduled for October 15, 2022 and she would like an extension to the City’s date in case something would fall through.

Mr. Ouradnik said there is a scheduled demo date of November 14, 2022 and he would like to keep that date in order to know action will be taken on it as soon as possible. He said if there are assurances and a permit in place for the demolition of the building it could be brought back to the Board for an extension at that point.

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, Strand, Kolpack and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Hearing on a Dangerous Building Located at 714 12th Street North: City Attorney's Office Directed to Prepare the Appropriate Findings of Fact and Order:
A Hearing had been set this day and hour on a dangerous building located at 714 12th Street North.
The Board received a communication from Inspections Director Shawn Ouradnik submitting a Notice of Dangerous Building Order.

Mr. Ouradnik said the property is a 1,152 square foot wood framed structure with a detached garage built in 1903. He shared a list of the damages and said the action started when the owner entered a nursing home and the property has been sold through the process. He said in December 2021 the current owner purchased the property and that owner allowed access to the interior of the property and has cleared out a lot of the overgrowth and garbage; however, it is still in very bad shape. In September 2022 the current owners met with City staff to discuss the future of the property.

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 Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Strand, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Application Filed by Puerto Vallarta LLC d/b/a Puerto Vallarta for Class “FA” Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Puerto Vallarta LLC d/b/a Puerto Vallarta for a Class "FA" Alcoholic Beverage License at 4323 45th Street South, Suite 101, 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 a Class “FA” Alcoholic Beverage License is a food and alcohol license in a restaurant and allows a physical bar. He said food sales need to exceed the alcohol sales and it is the City’s $100,000.00 license.

Commissioner Preston moved the application be approved.

Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Application Filed by Roosevelt Family Lofts, LLC for a Ten-Year Property Tax Exemption Approved:
A Hearing had been set for August 22, 2022 on an application filed by Roosevelt Family Lofts, LLC for a 10-year 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.
At the August 22, 2022 Regular Meeting, the Hearing was continued to September 19, 2022.
At the September 19, 2022 Regular Meeting, the Hearing was continued to this day and hour.

Director of Strategic Planning and Research Jim Gilmour said this site and two lots to the east were considered in 2020 for creating a Tax Increment Financing District (TIF) and Renewal District; however, due to COVID and financing, only the two lots were developed. Now, he said, the applicant proposes to build row homes at 711 10th Avenue North, which is a vacant site and was previously the site of a building declared dangerous after a fire. He said the property tax exemption would be a Payment in Lieu of Taxes (PILOT) Program. He said it is an extraordinarily large lot at 29,000 square feet, 100 feet wide and 290 feet deep. Single-family lots in the neighborhood are typically 50 feet wide and 140 feet deep, he said, so this is over 4 times the size of most single-family lots in the neighborhood. The property is zoned MR-3 which allows the proposed use and would also allow an apartment building, he said. The request is for a 10-year property tax exemption with a 100% exemption for 5 years and a 50% property tax exemption in years 6-10, he said, and is consistent with the PILOT guidelines for apartments in core neighborhoods. The present value of that is about $250,000.00, he said, and the applicant would save about $44,000.00 in property taxes those first years. The Economic Development Incentives Committee recommends approval, he said, and the review by the financial advisor, PFM, found the project would not be feasible without the incentive. The Roosevelt Neighborhood Association submitted a letter expressing concern due to the project not being compatible with their neighborhood, he said.

Ryan Downs, Roosevelt Family Lofts, said the lot is unique. Twenty units could be put there; however, with an incentive, fewer units and something more aesthetically pleasing could be developed on the site.

In response to a question from Commissioner Preston about cost per square foot, Brandon Raboin, Roosevelt Family Lofts, said it would be approximately $150.00 per square foot with the land cost on top of that. He said Roosevelt Family Lofts developers are looking to please the neighborhood and have used higher design elements with front-facing units, added green space and used higher-end finishes.

In response to a question from Commissioner Preston asking whether there were changes to the project after the third-party review, Mr. Gilmour said the review was done several months ago; however, he had sent the prior financials to Planning which were reviewed by a different consultant. He said a correction was made to the rent, it had been referenced at $1,100.00 monthly; however, it is $1,700.00 monthly.

In response to a question from Commissioner Strand asking how this fits with the Core Neighborhood Plan, Planning Director Nichole Crutchfield said there is not a yes or no answer. She said as far as future land use for the lot, it is sandwiched between multi-family and single-family and could go either way. She said the neighborhood looks to the City and staff feels with the integration of the design standards achieves a higher level of development.

Mayor Mahoney said infill has been a problem in central neighborhoods and the study of core neighborhoods will take a look almost block-by-block. He said this fits with zoning and the developer has made changes to try to work with the neighborhood.

Commissioner Piepkorn said he would prefer the townhouses to a big apartment building.

Commissioner Piepkorn moved that the application filed by Roosevelt Family Lofts for a 10-year property tax exemption pursuant to Chapter 40-57.1, NDCC be approved.

Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Strand, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Presentation of Alternatives for the Property Located at 1458 South River Road (Project No. FM-15-J):
Division Engineer Nathan Boerboom said in 2017 the Board approved a motion to remove the property located at 1458 South River Road from the previously approved list of property acquisitions necessary for Project No. FM-15-J. He said since that time, staff and the property owner have looked at revised floodwall concepts and various alternatives for achieving flood protection at this property. He shared five alternatives for the Board to consider along with approximate costs:
A. Full property acquisition and structure removed . $1.1M
B. Full property acquisition and structure relocated. $1.8M
C. Full property acquisition and structure reconstruction. $2.1M
D. Floodwall construction – river side of structure. $2.9-4.8M
E. Floodwall construction – street side of structure . $1.1M
He said engineers have been evaluating where floodwalls are needed throughout the City and this neighborhood is one that remains to be wrapped up with levees and floodwalls.

John Stern, property owner, said he has lived in the house for 35 years and it is on the National Historic Registry. He said he appreciates that the Engineering Department staff is trying to save the house as much as he is. He said the solution to have the floodwall in front of the house is a win, the neighborhood gets the protection it needs, the community wins as it is keeping an architectural masterpiece and the taxpayer wins in that it is the least expensive option and it stays on the tax rolls. The house was designed by Frank Lloyd Wright’s granddaughter, he said, who designed three houses in Fargo-Moorhead with her husband; however, the two in Moorhead were lost to flooding.

Mr. Boerboom said this is being presented to the Board now for their awareness and it will be brought back later for action.

Commissioner Strand moved the alternatives presented for the property located at 1458 South River Road be received and filed.

Second by Kolpack. On call of the roll Commissioners Strand, Kolpack, Preston, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Acquisition of the Building Located at 714 12th Street North Delayed Two Weeks:
Director Strategic Planning and Research Jim Gilmour said this is the property that was discussed earlier in the meeting and declared a dangerous building. He said the renewal agreement for the Roers/Newman Center project included an activity to acquire and demolish substandard buildings in the Roosevelt Neighborhood and make those properties available for single-family homes. He said the City received $29,723.85 in 2022 that can be used for that purpose and TIF income for this same purpose in 2023 will be arriving in March. A potential site for acquisition and demolition is 714 12th Street North, he stated, which was discussed previously in the agenda as a dangerous building. He said the property was acquired by 701 Brew with plans for expanding their parking lot; however, the current zoning does not allow a stand-alone parking lot and the Planning Department does not think a zoning change would be consistent with City plans. He said the owner acquired the run-down house for $30,000.00 and is willing to sell it to the City for $29,000.00. If the City acquires the property, he said, it could be demolished with the costs special assessed against the property and those special assessments could be paid with TIF money early next year. The vacant lot could be developed as a single-family home by the Cass Clay Community Land Trust, Habitat for Humanity, or sell on the market to be redeveloped.

Commissioner Preston said she would like to see a single-family home on the lot; however, she does not support using the Roers TIF money at this point. She said the consultant for the Core Neighborhood Plan is returning to work with the Roosevelt Neighborhood to do a block-by-block detailed plan and the priorities are not known now. She said it may not be this block due to all the commercial surrounding these homes. The neighborhood needs to be involved in decisions about how those funds will be spent, she said, and a concentrated improvement will not be achieved unless there is a targeted approach. She said she would support another source of funding, but not the use Roers TIF dollars.

In response to a question from Mr. Gilmour asking the plans for the lot if the City did not purchase it, Chad Terstriep, owner of the property, said they are undecided as they purchased the property for parking to alleviate some of the street parking.

Commissioner Strand said he could support selling it to a private party for revenue and then putting the money back into the TIF.

In response to a question from Commissioner Preston asking if there were another place to get funding, Planning Director Nicole Crutchfield said there are action steps; however, those steps would be a longer process. She said some Neighborhood Revitalization Initiative (NRI) funds are left, as well as ARP funds set aside. Their initial approach was going to be through HUD CDBG funds as that would normally be used to take dangerous property, she said.

Commissioner Kolpack said she does not feel the Board has enough information. She said she would like to know other options and what it would look like to pay back the TIF at some point.

Commissioner Piepkorn said if the City purchases the lot it has control over its destiny and this is an opportunity for a single-family house on the lot. He said he would like to see the City purchase the lot.

Commissioner Preston moved the acquisition of 714 12th Street North be delayed for two weeks and direct staff to investigate other possible funding sources.

Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, Strand and Mahoney voted aye.
Commissioner Piepkorn voted nay.
The motion was declared carried.

Second Reading and Final Adoption of an Ordinance Amending Article 18-03 Relating to Use and Care of Streets and Sidewalks Approved:
The Board received a communication from City Attorney Nancy Morris stating her office continues to work with staff on the issues presented by the use of the streets and sidewalks by performers and vendors, particularly with the complexity of dealing with the increased noise levels due to greater activity Downtown. She said at the September 19, 2022 meeting, revisions were presented for consideration for Second Reading and action was delayed for additional input. She said staff is recommending to proceed with adopting revisions to Article 18-03 relating to Use and Care of Streets, eliminating the requirement that Sidewalk Performers secure a permit to perform, and addressing the appropriate time, place and manner of restrictions.
Fargo Police Captain Chris Helmick said the current Ordinance outlines performing hours between 9 a.m. and 10 p.m. and the nights of the week they need to adhere to Article 11-02 Loud, Unnecessary Noise (regardless of amplification). The requirement for a permit has been a point of contention, he said, and the recommendation is to remove the requirement for a permit, the remainder of the Ordinance would remain the same.

Commissioner Kolpack moved to waive second reading at length 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 18-310.8 of Article 18-03 of Chapter 18 of the Fargo Municipal Code Relating to Use and Care of Streets and Sidewalks

Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Commissioner Kolpack moved that the proposed 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 18-310.8 of Article 18-03 of Chapter 18 of the Fargo Municipal Code Relating to Use and Care of Streets and Sidewalks, which was placed on its first reading August 8, 2022 be now placed on its second reading and a vote taken on the question of its final passage and adoption.

Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Ordinance was duly passed and adopted.

Second Reading of Ordinance Relating to Noise Control and Radio Interference Delayed:
Captain Helmick said at the last meeting it was proposed the noise level be raised from 55 decibels to 70; however, that was met with some opposition as it being too loud. Looking at the Ordinance, he said, and not knowing nor having the technical expertise to determine what the noise level should be, they recommended further study using an expert to look at normal noise levels for the Downtown area. He said it comes down to what is normal noise in that area and what does the community want. Also, how do liquor establishments, push carts and other businesses fit, he said, and long term, how are noise concerns mitigated. It is not only a Police issue, it involves Engineering, Planning, Public Environmental Health and stakeholders Downtown.

Commissioner Kolpack said Fargo has a growing and vibrant Downtown and she appreciates this approach.

In response a question from Commissioner Preston about current enforcement, Captain Helmick said it will be less about decibel level and more about describing and documenting what is unusual about the noise.

Commissioner Strand moved second reading of and Ordinance Amending Section 11-0201, 11-0202, 11-0203, 11-0204, 11-0207 and 11-0209, Repealing Section 11-0206 and Enacting Section 11-0217 of Article 11-02 of Chapter 11 of the Fargo Municipal Code Relating to Noise Control and Radio Interference be delayed and referred to staff and the Downtown Taskforce for further input and study.

Second by Kolpack. On call of the roll Commissioners Strand, Kolpack, Preston, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

At 6:37 p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Update from Downtown Community Partnership on Downtown Safety Efforts:
Executive Director of the Downtown Community Partnership (DCP) Cindy Graffeo said the safety of the Downtown area has been top on peoples minds in our community and the DCP was asked to consider restarting the Quality of Life Committee. She said that committee and the other efforts the DCP is engaged in regarding public safety in the downtown area are as follows:
• Quality of Life Committee - This Committee has existed in several iterations over the years. It was at one time called the Downtown Safety Committee. It was renamed and was meeting monthly prior to the pandemic. Earlier this year, the DCP was asked to resume its efforts, and it has now been meeting monthly since June. The Quality of Life Committee is a diverse coalition of engaged community stakeholders with the shared goal of eliminating negative, unwanted interactions downtown. Members of this Committee include the Fargo PD, City Staff, elected officials, Downtown Engagement Center, Public Health and Homeless Health, Fargo Housing, the faith community, downtown property owners, businesses and residents.
• Downtown Download - Hosted in partnership with the Fargo PD, every Downtown Download meeting is free, open to the public, shared on the City of Fargo and Fargo PD social media. Each meeting reviews downtown crime statistics, case updates, and previews any updates or upcoming initiatives the PD has. These meetings are an excellent opportunity for businesses and residents to learn, connect and raise questions directly with the Fargo PD. These meetings are held monthly through the summer months and quarterly the rest of the year. The next Downtown Download is November 16, 2022.
• Business Improvement District (BID) Advisory Committee - the Downtown Business Improvement District contracts with Block by Block to provide Safety and Hospitality Ambassadors throughout the downtown area. The BID Advisory Committee meets monthly and is composed of business owners and property owners from all districts of downtown. The BID Advisory Committee is working to adjust the BID Zones that will increase staffing and support levels in 2023. This is another venue where concerns regarding downtown safety can be raised.
• Downtown Neighborhood Association/DCP/Folkways/PD Touchpoint - Every month, representatives from the Downtown Neighborhood Association, DCP and BID, Folkways, and the Fargo PD meet to discuss upcoming events, challenges, and issues that collectively impact Downtown.
• Downtown Task Force - The Downtown Task Force was a standing meeting between DCP/BID and City Staff Department leaders to discuss issues impacting Downtown and restarting this Task Force is being explored.
In addition to these groups, she said the DCP maintains frequent communication with elected officials, contacts with the Fargo PD, Mobile Outreach Unit, the Downtown Engagement Center, businesses, property owners, and downtown residents. She said the mission of the DCP is to promote and expand Downtown as a preferred destination with a strong sense of place filled with vibrant culture, art, and commerce.

Commissioner Piepkorn said he would ask the Downtown Task Force to address what could be done with the benches on Broadway that are not being used by customers as much as they are used for loitering. He said he feels moving them should be considered and the loudest voice about this needs to be the business owners who have benches in front of them.

Downtown Safety Update:
Police Lt. Bill Ahlfeldt said a saturation Downtown was done in collaboration with other agencies and focused on a defined business district. This past weekend, during a five-hour time frame, the saturation resulted in a number of offenses including eight DUI’s, possession of fentanyl and possession of fentanyl paraphernalia, possession of marijuana and possession of marijuana paraphernalia, minor consuming, false ID, urinating in public, open container and driving under suspension. There were 57 traffic stops conducted during that time, 23 citations other than traffic violations, he said, and 63 warnings for traffic violations. He shared a video of Downtown captured by the City’s videographers during the directed patrol saturation.

In response to a question from Commissioner Piepkorn asking if there have been any deaths Downtown since the last City Commission meeting, Police Chief David Zibolski said there has been one death this entire year which was an incident between two homeless people and the suspect is in jail. There was a shooting, not a death, last weekend on Main Avenue, he said, and a death on the railroad tracks.

Commissioner Piepkorn said he feels moving the Police Department from Downtown to its location on 25th Street was good; however it had a significant impact on Police presence and having the Engagement Center in its place is a negative. He knows staffing is an issue, he said; however, he would like to see a police presence in the Downtown at all times. He said it was great to see the video, he said he had no idea the crowds were like that in the Downtown late at night.

Chief Zibolski said work is being done to revamp the Community Engagement and Downtown Resource officers to ensure there is a regular presence at bar time closing and during daytime hours. He shared data on numbers and timelines of incidents such as assaults, robberies and similar patterns. He said shootings and murders are down across the City from last year.

Commissioner Preston said some of the activities, particularly assaults, could stem from having such huge crowds come together at bar closing.

Chief Zibolski said one effort of establishing designated rideshare pickup areas is intended to help in dispersing large crowds. He said sometimes where food vendors set up can create additional congestion both on the sidewalks and the streets. To point out something significant in Lt. Ahlfeldt’s presentation, he said, is having 8 DUI arrests in a five-hour period is indicative that people have too much alcohol in their systems and are driving.

Commissioner Strand said there is a lot of focus on this and he welcomes suggestions. He said a common theme to much of this is alcohol and he suggested some topics for the Liquor Control Board to consider are: bar closing and liquor sale hours, off-sale hours, types of products offered during off-sale hours, point of last sale policies and requirements for liquor establishments to have ID scanners. He said camera surveillance needs to be stepped up Downtown.

Mayor Mahoney said Commissioner Kolpack visited with one of the business owners Downtown suggesting an 11:00 p.m. off-sale closing time and Jim Swanick has agreed to close off-sale at his bar at that time. He said he has visited with Chief Zibolski about emergency phones with blue lights and cameras Downtown to report problems and suggestions for placement is encouraged.

Commissioner Piepkorn said tax dollars are being spent enabling people. He said he was doing maintenance at his property Downtown and found two intoxicated Native Americans asleep on his property so he called 9-1-1 and police rousted them out and when he followed them, he found they went to the Engagement Center. He said the Engagement Center was established during the COVID-19 pandemic and he feels that it must not stay in Downtown Fargo and that it that draws people into Downtown Fargo. There is the Cooper House, Gladys Ray Shelter and the Engagement Center, he said, and while the City needs to help the people who want help; they do not need to keep people circulating and using tax money to keep them going. He said he feels there needs to be a solution or it will keep going.

Commissioner Preston said the Engagement Center is a help, not a hindrance and provides a place for people to rest, socialize, sleep it off, shower or wash clothes. It is part of a solution to help people who have nowhere to go during the day, she said.

Commissioner Piepkorn said the people who want help need to get help; however, those who do not could get a job and be productive members. The budget includes raising property taxes on seniors on fixed incomes, he said, and part of the reason for raising the mills is to pay for things like this. He said Fargo taxpayers foot the bill.

Commissioner Kolpack cautioned that conversations need to be based on fact, not on opinion. The Mayor has a responsibility to uphold the Code of Conduct that all the Commissioners take when they take office, she said and when a Commissioner speaks with opinion and without fact and incites a conversation without data, it is demoralizing to employees and has a chilling affect on the citizens who come before the Board. She asked Mayor Mahoney to address the behavior.

Mayor Mahoney encouraged Commissioner Piepkorn to stay with facts and figures. It is dangerous to use opinions, he said, and Commissioners must be respectful of different nationalities and people. While he understands Commissioner Piepkorn had an event, he said, he would challenge him to look closely at the Engagement Center, which also has a medical clinic to serve people who would not otherwise get care. Sixty to seventy people are served daily at the Engagement Center and besides offering the care Commissioner Preston mentioned, people can get psychiatric care, talk to the Presentation Sisters and receive a variety of other services. Some of the $900,000.00 in CARES money funded the Engagement Center and assisted with rent and rent issues, and while it is down to the last $150,000.00, it does not cost taxpayers to finish the commitment to the Engagement Center. People need to find housing, he said, and the State needs to be encouraged to help with mental health issues.

Commissioner Strand when he saw a small group Downtown and saw that they were going to the Engagement Center, he saw hope, knowing they were going someplace where there was support for them. Everybody is someone’s family, he said, and he is proud the community assists those with challenges in life. If the current center is not big enough, he said, then it could move across the street to the Civic Center. It is important to see who needs help and to provide it, he said.

Commissioner Preston said she perceives a total disrespect was voiced about people with mental health and chemical dependence issues. They are neighbors and not to be disrespected, she said.

Downtown Issues:
Commissioner Preston said there have been discussions at Board meetings and media outlets regarding issues affecting Downtown; however, there has not been an opportunity for residents or businesses to fully participate in the discussions. She said the Downtown Neighborhood Association has requested time on the agenda to address the Board on the issues.

Austin Foss said he serves as the Chair of the Fargo Downtown Neighborhood Association (DNA) Board. He said he loves vibrancy and nightlife of Downtown, being near Island Park, the culture and everything about it. He said Downtown is a center for shopping, dining, entertainment, working and living. The recent rhetoric of Downtown being overrun by individuals meant to cause harm or that it is unsafe is not true, he said. The focus needs to be on the resources needed to accomplish initiatives intended to address issues, he said, and with more than 4,000 residents live Downtown, urban environments attract people from all backgrounds. He said Fargo is not alone in trying to address issues that seem to have increased since the COVID-19 pandemic causing a social upheaval that increased mental health issues and crime. He pointed out that the Mobile Outreach Unit has done amazing work with substance abuse emergencies. He said the DNA would like to see more energy and resources diverted to the initiatives discussed, which cannot be fixed by forcing people out. He said healthy conversations between the organizations doing the work, the City and the neighborhood can result in solutions.

2023 Preliminary Budget Approved:
Mayor Mahoney said the Preliminary Budget and Taxation Hearing was held on September 19, 2022 to allow public input on the proposed tax levies and to receive comments. He said the Board is required to approve a final budget no later than October 7th. He said the major initiatives for 2023 are to prioritize the retention of Team Fargo, ensure street level excellence, emphasize smart growth, bolster operational resiliencies, FARGODOME expansion and advance a Performing Arts Center. The composition of the General Fund is 77.1% personnel, 22.5% Operating and .4% Capital. He said 10 FTEs were added in the General Fund and 2 FTEs in the Enterprise Fund. Budget appropriations include a 3.5% competitive wage adjustment for $2,021,507.00, annual steps for employment anniversaries $1,038,619.00, he said, and reclassifications in the amount of $222,571.00. The City has over 1,000 employees, he said, and is only increasing by 12. General Fund expense projections increased 7% with budgeted expenditures and revenue projections at $111,850,710.00. The total increase is $33 million, he said, which is primarily in salaries and benefits that the City is putting money into. He said even with the 2 mill increase this year, the City is just over what it is supposed to have in reserves, which is 25%. Proposed utility fee increases are $2.50/month average for residential water services, $2.50/month flat fee for water reclamation, and no change to residential solid waste fees. He said chemical equipment and supply costs are 25% higher than the previous year, energy costs increased 20-45% this year and workforce pay and benefit costs are increasing. He said with the 2 mill increase this year the mills are at 53 + 2 for the airport. The 2023 City of Fargo mill is $715,833.00, he said.

Commissioner Preston said the presentation lays out well the need for the additional mills. She said she has concerns about fund balances going down and there is the possibility of a Performing Arts Center and FARGODOME expansion, the plaza, a pedestrian bridge all coming up, as well as additional funding needed for infrastructure. She said there is a need for a financial plan on how all of that is going to be accomplished in the next 10 years. Additional projects will require some kind of cash flow projections, she said.

Mayor Mahoney said FARGODOME financing would likely not come from reserve funding but tax revenue and the Performing Arts Center would also be some form of public taxes. He said options could be restaurant and alcohol or lodging tax or a quarter cent sales tax.

In response to a question from Commissioner Preston asking about debt capacity, Finance Director Terri Gayhart said one must consider what kind of debt it is. If based on revenue and there is a prescribed revenue that will pay it, she said, then it is not considered in the limitation from Century Code where the limit is 5% of assessed value on general obligation bonds. She said there is debt paid by special assessment revenue and debt paid by utilities, etc.

In response to a question from Commissioner Preston asking what triggers Open Meeting requirements, such as when two Commissioners sit on the Finance Committee, Ms. Morris said it depends upon how the Committee was formed and the participants; staff committees do not fall under Open Meeting requirements.

Commissioner Strand said he will put the idea of opening up the Public Works Projects Evaluation Committee and Finance Committee to the public on a future agenda, as per his understanding of State Statues. He will vote for the budget, he stated; however, Commissioners were not adequately involved with their portfolio discussions. He said this year’s cycle was challenging with the election, the transition to a new Finance Director and the City Administrator going part-time.

Commissioner Kolpack said she has heard from citizens about property taxes being a concern and impacts of incentives.

Commissioner Strand said none of his requests got into the budget; he would like a half mill for public arts, fellowship or internship programs were not included. He said the practical reality is that the benefits and salaries are everything and without a capable workforce the City is in trouble. He will defer things like art for another year, he said.

Commissioner Piepkorn moved the 2023 Preliminary Budget be approved as the Final Budget for 2023 and the proposed tax levies be approved as presented.

Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Andrew and Katie Doeden, 2913 Peterson Parkway North (5 year).
b. Roger Buerkle and Laurie Vangsness, 3738 15th Street South (5 year).
c. C/D/ PKP Properties LLC, 1106 4 th Avenue South (5 year).

Commissioner Piepkorn moved the applications be approved.

Second by Preston. On call of the roll Commissioners Piepkorn, Preston, Strand, Kolpack and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried

Appointments to the Human Rights Commission:
The Board received a communication from Mayor Mahoney recommending the reappointment of Nancy Boyle and Cody Severson and the appointment of Jacqueline Dotzenrod and Sekou T. Sirleaf to the Human Rights Commission for three-year terms ending July 1, 2025.

Commissioner Kolpack moved reappointment of Nancy Boyle and Cody Severson and the appointment of Jacqueline Dotzenrod and Sekou T. Sirleaf to the Human Rights Commission for three-year terms ending July 1, 2025.

Second by Preston. On call of the roll Commissioners Kolpack, Preston, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Second Reading and Final Adoption of an Ordinance Amending Sections 12-0406 and 12-0408 and Repealing Sections 12-0402, 12-0405, 12-0407 and 12-0408 of Article 12-04 of Chapter 12 of the Fargo Municipal Code Relating to Wildlife Management Program – Regulations (Moved from the Consent Agenda):
City Attorney Nancy Morris said a question was presented about age limits for hunting which had been limited to people 18 years of age and older. She said the Amended Ordinance has regulations governed by applicable North Dakota Game and Fish regulations and the certifications for hunter education are required and the age limitations applicable to obtaining a hunting license from Game and Fish.

Commissioner Preston moved to waive second reading at length of an Ordinance Amending Sections 12-0406 and 12-0408 and Repealing Sections
12-0402, 12-0404, 12-0405, 12-0407 and 12-0408 of Article 12-04 of Chapter 12 of the Fargo Municipal Code Relating to Wildlife Management Program – Regulations:

Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Commissioner Preston moved that the proposed Ordinance Amending Sections 12-0406 and 12-0408 and Repealing Sections 12-0402, 12-0405, 12-0407 and 12-0408 of Article 12-04 of Chapter 12 of the Fargo Municipal Code Relating to Wildlife Management Program – Regulations, which was placed on its First Reading September 19, 2022, be now placed on its second reading and a vote taken on the question of its final passage and adoption.

Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Ordinance was duly passed and adopted.

Commissioner Kolpack congratulated Solid Waste Utility Director Terry Ludlum who is retiring October 7, 2022 after 33 years with the City.

Commissioner Kolpack moved that the Board adjourn to 5:00 o’clock p.m., Monday, October 17, 2022.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.

The time at adjournment was 7:51 o’clock p.m.