Board of City Commissioners - September 19, 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, September 19, 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: September is Library Card Sign-up Month and new limited edition cards are available; The Fire and Police Departments will compete in the 2nd Annual “Battle of the Badges Blood Drive” on September 29th and the Police Department is actively seeking recruits for Fargo Police Academy Class Four. A video highlighting Police Officer Elliott Olerud’s graduation from K9 training was shown and the Commissioners had the opportunity to meet Officer Olerud and his new K9 partner, Thor.
Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved withdrawing Item No. “1b” on the Consent Agenda and withdrawing Item No. “35b” from the Regular Agenda.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.
Minutes Approved:
Commissioner Preston moved that the Minutes of the Regular Meeting of the Board held on September 6, 2022 be approved as read.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.
Consent Agenda Approved:
Commissioner Strand moved the Consent Agenda be approved as follows:
1. Receive and file the following Ordinances:
a. Amending Section 12-0106 of Chapter 12 of the Fargo Municipal Code Relating to Impounded Animals – Procedure for Impounding.
b. Amending Section 21-0102 of the Fargo Municipal Code Relating to the International Building Code (Child Care Facility Bathtub/Shower Requirements) (withdrawn).
2. 1st reading, as amended, 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.
3. Applications for Games of Chance:
a. 4 Luv of Dog Rescue for a raffle on 11/5/22.
b. Eventide Senior Living Communities for a raffle and raffle board on 10/21/22.
c. Red River Children’s Advocacy Center for a raffle and raffle board on 10/27/22.
d. Oak Grove Lutheran School for a raffle on 10/8/22.
4. Extension of the Class “FA” Alcoholic Beverage License for Johnny Carino’s until 3/31/23.
5. Change Order No. 1 in the amount of $80,200.00 and time extension to the substantial and final completion dates to 10/10/22 and 10/31/22 for Project No. SR-22-A1.
6. Receive and file General Fund – Budget to Actual through August 2022.
7. State Water Commission request for cost reimbursement for the Fargo Moorhead Metropolitan Area Flood Risk Management Project in the amount of $2,374,484.13.
8. Contract Agreement for Services with Soul Solutions.
9. Agreement for Services with Great Outcomes Consulting, LLC.
10. Financial Award from the ND Department of Commerce/DCS for the North Dakota Homeless Grant for the Gladys Ray Shelter.
11. Notice of Grant Award Funding with the North Dakota Department of Health for
The detection and mitigation of COVID-19 in homeless shelters (CFDA #92.323).
12. Bob Woodruff Foundation Grant for the ND Cares Veteran Program.
13. Notice of Grant Award from the ND Department of Environmental Quality for abandoned autos.
14. Set October 3, 2022 at 5:15 p.m. as the date and time for a Public Hearing on a dangerous building located at 714 12th Street North.
15. Resolution Approving Plat of Sanders Addition (Attachment “A”).
16. Request to draft and publish a Request for Proposals for the Growth Plan.
17. Federal Bureau of Investigation Minneapolis Safe Streets Violent Crimes Task Force Memorandum of Understanding with the Fargo Police Department.
18. Bid award to Master Construction in the amount of $350.00 per hour per unit for street snow plowing assistance (RFP22118).
19. Sixth Amendment to Parking Management Agreement with Interstate Parking Company of North Dakota, LLC.
20. Authorization to begin the process for selling land and to establish a Solid Waste Capital Fund for the proceeds.
21. Payment to Cass County Electric Cooperative in the amount of $47,055.70 for installation of a new transformer (Project No. SW 22-06).
22. Contract and bond for Project No. SW 22-05.
23. ND Department of Transportation Section 5339 Transit Grant Agreement (CFDA #20.526).
24. Bills in the amount of $7,481,530.61.
Second by Preston. On call of the roll Commissioners Strand, Preston, Kolpack, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Agreement for Professional Services with Apex Engineering Group, Inc. for Improvement District No. BR-23-A2:
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) recommending approval of the Engineering Services Contract with Apex Engineering Group, Inc. in the amount of $219,760.00 for Improvement District No. BR-23-A2.
Commissioner Strand moved the Agreement for Professional Services with Apex Engineering Group, Inc. in the amount of $219,760.00 for Improvement District No. BR-23-A2 be approved
Second by Preston. On call of the roll Commissioners Strand, Preston, Kolpack, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Change Order No. 2 for Improvement District No. BN-22-K1 Approved:
Commissioner Strand moved Change Order No. 2 for an increase of $32,770.31 for Improvement District No. BN-22-K1 be approved.
Second by Preston. On call of the roll Commissioners Strand, Preston, Kolpack, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Change Order No. 4 and Time Extension for Improvement District No. BR-21-C1 Approved:
Commissioner Strand moved Change Order No. 4 for an increase of $24,726.15 and a contract time extension to the substantial and final completion dates to 10/15/22 and 11/14/22 for Improvement District No. BR-21-C1 be approved.
Second by Preston. On call of the roll Commissioners Strand, Preston, Kolpack, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-B (Various Locations in North Fargo):
Commissioner Strand moved the following action be taken in connection with Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-B:
Adopt Resolution Creating Improvement District No. BR-23-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BR-23-B in the City of Fargo, North Dakota, be created
On 8th Street North from 7th Avenue to 10th Avenue, on 8th Avenue North from 9th Street to 7th Street, and on 10th Avenue North from 9th Street to 7th Street.
COMPRISING:
Lots 1 through 7, Block 17.
All platted in Harwoods 2nd Addition.
Lots 1 through 6, Block 12.
The east 46 2/3 feet of Lot 7, Block 12.
All platted in Harwoods 2nd Addition.
Lots A, B, H, I, J, & 6, Block 3.
The North 40 feet of Lot 5, Block 3.
All platted in Harwoods Addition.
Lot 1, Block 9.
All platted in Meritcare Addition.
Lots 13 through 18, Block 2.
Comm 105 feet east of SE corner of Lot 6 Block 3 Harwoods, then north 96 feet and south 96 feet and west 50 feet to pt of beg,
lying west of Sheehans Subdivision.
All platted in Park Addition.
Lots 8 through 11, Block 13.
Lots 1 and 2, Block 13
The south half of Lot 3, Block 13.
All platted in Harwoods 2nd Addition.
Lots 5 through 10, Block 16.
All platted in Harwoods 2nd Addition.
Lots 11 through 13, Block 16 of Wilson's Subdivision.
All in Chapins Addition.
Lot A, Block 16 of Auditor's Subdivision.
All in Chapins Addition.
Lot B and C, Block 15 of Auditor's Subdivision.
All in Chapins Addition.
The east 12 feet of the north 35 feet of E, Block 14 of Auditor's Subdivision.
All in Chapins Addition.
Lot B, Block 14.
All in Chapins Addition.
Lot C and D, Block 14 of Auditor's Subdivision.
All in Chapins Addition.
Lot 1 and 2, Block 1 of Auditor's Subdivision.
All in Rhett's Row Addition.
All the foregoing located in the City of Fargo, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-B 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. BR-23-B:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BR-23-B 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 $2,883,000.00.)
Order Plans and Specifications for Improvement District No. BR-23-B:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BR-23-B in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BR-23-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BR-23-B 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. BR-23-B 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 Paving and Utility Rehab/Reconstruction 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 Paving and Utility Rehab/Reconstruction, Improvement District No. BR-23-B 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 Paving and Utility Rehab/Reconstruction improvement is to be paid from State and Local Funds, and approximately 23% 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 Paving and Utility Rehab/Reconstruction 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. BR-23-B:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BR-23-B in the City of Fargo, North Dakota.
Second by Preston. On call of the roll Commissioners Strand, Preston, Kolpack, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Resident Comments:
There were no resident comments.
Benefit Renewals Approved Effective January 1, 2023:
Director of Human Resources Jill Minette outlined renewals and proposed changes to employee health insurance and other benefits. She said at the renewal meeting last week with Blue Cross Blue Shield of North Dakota (BCBSND), they provided premium update information. She said the initial renewal included a 4.8% premium increase for the grandfathered Plan and an additional 1.5% premium if the non-grandfathered plan were offered; however, BCBSND eliminated the additional 1.5% premium for a non-grandfathered plan and guaranteed a no more that 15% rate increase for its 2024 renewal. She said the recommendation is to transition to the non-grandfathered BlueAccess plan effective January 1, 2023. The plan includes appropriate preventative services fully paid, including full coverage of oral contraceptives. She said the deductibles remain the same; however, the new plan would combine the out-of-pocket maximums that are currently separated. The City will continue to pay 80% of the family premium and 86% of the single premium, she said. If moving to the non-grandfathered plan entirely, information will be distributed to all employees, she said, and information sessions will be held during annual enrollment in early November. She said dental insurance information will be presented at a future Commission meeting. There will be no changes to vision through 2026, she said, and life insurance and long-term disability are offered through Mutual of Omaha and there is no change in life insurance premiums. She said a rate increase for long-term disability premium is from .20% to .22% per $100 of monthly-insured income, which is paid by the City for an approximate annual increase of $13,176.00.
In response to a question from Commissioner Strand asking where a single plus dependent plan fits in, Ms. Minette said that has been looked at; however, these plans are structured with rates at single and family plans and it seems when split out those rates come very close to combining the family plan, so the City has stayed at those two offerings.
Commissioner Piepkorn said he is concerned about losing a grandfathered plan. Once given up the City cannot go back, he said, and he feels the rates have been good due to the grandfathered status. He said to talk about rates not increasing more than 15% for 2024 does not say what it may be after that. A 2-year guarantee is not very long, he said, and the City needs to be very careful.
Ms. Minette said having a grandfathered plan does assist in maintaining a premium level, which is why a rate guarantee was requested for the second year. This will be a new plan for the City, she said, and it is unknown what the utilization will look like or what the rate cap will be in future years.
Mayor Mahoney said not knowing what may happen in the future is a problem. BCBSND is one of the only carriers that grandfathers any programs, he said, and people are getting away from that. He said he does feel they are being competitive, and 50 preventive services should help drive down utilization.
Commissioner Kolpack said the focus is the additional preventative services and there a number of targeted engagement plans offered, including a robust prescription utilization program.
Commissioner Preston said it might be good to go out for bids on this in a couple of years if there is an increase.
Commissioner Strand moved the benefit renewals, as outlined, be approved, effective January 1, 2023.
Second by Kolpack. On call of the roll Commissioners Strand, Kolpack, Preston and Mahoney voted aye.
Commissioner Piepkorn voted nay.
The motion was declared carried.
Hearing on an Application Filed by Roosevelt Family Lofts, LLC for a Property Tax Exemption Continued to October 3, 2022:
A Hearing had been set for August 22, 2022 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.
At the August 22, 2022 Regular Meeting, the Hearing was continued to this day and hour; however, the applicant has requested the Hearing be continued to 5:15; p.m., Monday, October 3, 2022.
Commissioner Preston moved the Hearing be continued to 5:15 o‘clock p.m. on Monday, October 3, 2022.
Second by Piepkorn. On call of the roll Commissioners Preston, Piepkorn Kolpack, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Hearing on a Dangerous Building Located at 924 5th Street South: City Attorney's Office Directed to Prepare the Appropriate Findings of Fact and Order and Order Removal of the Structures by November 18, 2022:
A Hearing had been set for this day and hour on a dangerous building located at 924 5th Street South.
Inspections Director Shawn Ouradnik said the property owner of 924 5th Street South has failed to comply with the order to either obtain a permit to repair or remove the heavily damaged structures at the location within the time allowed for action. He said in accordance with Fargo Municipal Code Article 21-0405, a Hearing is scheduled for this date and hour. He said the property is a two-story, 1,604 square foot single family, wood framed structure with a basement and detached garage built in 1900 and owned by Dan Curtis. He said it will take more than 50% of the full and true value of the home to rehab the home and the structure meets 8 of the 10 criteria for a dangerous building. He shared the timeline of events and a long list of violations observed and showed photos of violations and damages. There have been 550 calls for service on the property since December of 2018, he said.
Neighbors of the property: Nettie Berger, Richard Moorhead, Emily Baden, Claudia Davenport, Emily Schwartz and Greg Tehven shared concerns about the property. They said it has a reputation as a flophouse with many visitors, there are numerous police calls and dangerous conditions, there are small children in the neighborhood as well as an elementary school and the Vocational Training Center with many vulnerable adults, the property has been an issue for over 30 years, and it is supposed to be uninhabited yet is not. They said the neighborhood is scared and looking for help, and they asked the City to take prudent action.
Commissioner Kolpack said she commends staff for trying to work with this resident for decades. She said she has done due diligence on this topic and will definitely support taking action on this property.
Commissioner Strand said he has visited with Mr. Curtis and he told Mr. Curtis if he expects to avoid the City taking action, there needs to be a visible level of support from his neighbors. He said what he has heard is that the neighbors are concerned about retaliation and their safety. He advised neighbors to let the City know if anybody puts them at risk for speaking out. He said the City has legal grounds to take appropriate action
In response to a question from Commissioner Preston asking about the fence surrounding the house and why people are coming and going from the house, Mr. Ouradnik said no one is supposed to inhabit the house right now. He said due to challenges the Police Department may face if they try to clear it, they have chosen to step back in this instance to try to avoid violence and loss of life.
Mayor Mahoney thanked the neighbors for showing up. He said anyone who has visited that house understands the trouble it causes the neighborhood. He commends the Inspections Department for their action, he said, and he would ask for a relook at the Ordinance so dangerous home situations can move faster in the future.
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 the structure at 924 5th Street South if it is not removed by November 18, 2022, the time allowed by the Board’s Order.
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.
Special Assessments List for 2021 New and Reconstruction of City Ordered Sidewalks Approved (Project No. SR-21-A):
A Hearing had been set for this day and hour on the special assessments list for 2021 new and reconstruction of City ordered sidewalks in the City of Fargo, North Dakota, on which special assessments list a Hearing had been held by the Special Assessment Commission after which it had been confirmed and filed with the Board of City Commissioners.
No appeals have been filed in writing against any item appearing on such special assessments lists and no person is present at this Hearing to appeal or offer any objection thereto.
City Auditor Steve Sprague said the 16 projects have been completed, the City has paid out the money on these projects and reimbursement has been received through the bonding process, so the projects are presented now for assessment. He said the interest rate will be set at 3.22 percent with the majority being a 25-year amortization.
In response to a question from Mayor Mahoney asking how the low interest rate was obtained, Mr. Sprague said this was bonded in February and the bond rate was 2.47 and .75 is added on for administrative fees, making it 3.22 percent.
Commissioner Piepkorn moved the special assessment list for 2021 new and reconstruction of City ordered sidewalks in the City of Fargo, North Dakota be and the same is hereby approved and confirmed and ordered filed in the office of the City Auditor, that the City Auditors Office be instructed to proceed to collect the assessments in the manner provided by law and that the interest rate be set at a rate not exceeding .75% percent per annum over the net rate on bonds financing said projects.
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.
Special Assessment List for Various Improvement Districts Approved:
A Hearing had been set for this day and hour on the special assessment list for the construction of the following Improvement Districts in the City of Fargo, North Dakota, all having been approved by the Special Assessment Commission, set the interest rate at .75% per annum over the net rate on bonds financing said projects:
1. Alley Paving No. AN-20-C.
2. P.C. Concrete Alley Paving, Water Main and Incidentals No. AN-20-E.
3. Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals No. BN-20-H.
4. Sanitary Sewer, Water Main, Storm Sewer, Paving and Incidentals No. BN-20-L.
5. Sanitary Sewer, Water Main, Storm Sewer, Paving and Incidentals No. BN-20-M.
6. New Paving and Utility Construction No. BN-21-C.
7. New Paving and Utility Construction No. BN-21-G.
8. New Paving and Utility Construction No. BN-21-J.
9. New Paving and Utility Construction No. BN-21-K.
10. Water Main Replacement, Street Reconstruction and Incidentals No. BR-21-A.
11. Storm Sewer Lift Station, Retention Pond and Incidentals No. NN-19-A.
12. Asphalt Wear Course No. PN-21-A.
13. Asphalt Mill and Overlay No. PR-21-C.
14. Asphalt Paving Rehab/Reconstruction No. PR-21-G.
15. New Utility Construction No. UN-21-A.
Commissioner Piepkorn moved that the special assessment list 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.
Public Hearing for Comment on the 2023 Preliminary Budget and Recommended Tax Levies:
The City Auditor’s Office published a Notice of Hearing stating September 6, 2022 was the date set for said Hearing at which time all interested persons could appear and be heard.
At the September 6, 2022 meeting, the Hearing was continued to this day and hour.
Mayor Mahoney said there is no vote tonight; this is an opportunity for the public to be heard regarding the proposed budget. He pointed out a few changes from the Preliminary Budget, one being the general fund revenues and expenses were reduced by 1.15% with a new total of $111,750,710.00. He said the budget team is trying to save, which is difficult with the growing population, inflation and all the things going on. He said an additional two mills is requested and there will be a change in charge for services that was budgeted construction fees. He said there are no changes to new positions requested in the Preliminary Budget presentation and the COLA continues at 3.5% increase. The health insurance increase is adjusted down to 4.8%, a Worker’s Compensation premium of $300,000.00 was erroneously excluded from the first presentation, finalized PEC reclassifications and reconciliations are done and there are small adjustments to services and energy. He said the Budget team believes the unallocated balance of 1.6% of the General Fund expenses is a reasonable expectation. Chemicals, equipment and supply costs are 25% higher, he said, and energy costs increased 20-45% in 2022 so the budget includes an average residential water cost increase of $2.50/month and a flat residential increase of $2.50/month for water reclamation. He said commercial tipping fees will increase $5.00/ton. He shared historical data of mill levy increases, with this budget going up two mills.
Glenn Knudson said property tax increases are a dilemma for average citizens while wealthy developers have taxes forgiven; Wess Philome said the budget needs to address mental health and addiction resources and a diversity action plan is needed; Greg Danz said his business property has incurred increased property tax levels and he does not feel he is getting adequate services; Faith Dixon said Fargo has a homeless and food security problems and funding for positions that are not showing change could be used for homeless shelters; Bruce Buchholtz said the budget needs to address public safety with more boots on the ground.
Mayor Mahoney closed the public hearing. He said the final budget and tax levies will be approved at the October 3, 3022 meeting.
Second Reading of an Ordinance Amending Section 18-0310 and Repealing Sections 18-310.1, 18-0310.2, 18-0310.3, 18-0310.4, 18-0310.5,
8-0310.6 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 Delayed Two Weeks: Second Reading of an 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 Delayed Two Weeks:
City Attorney Nancy Morris said there are several proposed motions due to the fact that generally there are no amendments between First and Second Readings.
Fargo Police Captain Chris Helmick said he has worked with Ms. Morris and Planning Director Nicole Crutchfield to research and determine what changes are needed. He said they looked at examples of other cities facing similar issues and they feel they have some changes to make the Ordinance more effective. He said it will be difficult to enforce; however, this makes it more clear and the PD will do all they can to enforce it. The first recommendation is to change the decibel level for Downtown from 55 to 70, he said, which may seem counterintuitive but 70 is more enforceable. As an example, he said, the decibel level just now for people at the microphone was roughly 70 decibels. He said it would be measured from at least 25 feet away and setting it at 55 decibels would be unrealistic, due to normal conversation, he said. Seventy is a good limit, he said, above that starts to damage hearing. He said a change to the time is also recommended, he said, making the time limit 10:00 p.m. all nights of the week until 6:00 a.m., with the decibel level after 10:00 p.m. at 60 decibels. Additional rules are proposed, he said, such as the type of device to measure sound. As far as street performers, he said, the need for permits is eliminated and rules are included to prevent extreme behavior such as setting up stages or having excessive equipment. He said there are minor adjustments and exceptions for things like lawn mowing between 8 a.m. and 10 p.m. and allowing home or vehicle repairs during those hours. Bars playing music outdoors Downtown would be expected to adhere to decibel levels, he stated. For events wanting to exceed levels, permits would be granted through the Police Department, he said, and there would still be a 10 p.m. cutoff. The application timeline would be moved from 30 days to 14 days and the recommendation is that there be no residential permits, he said.
In response to a question from Commissioner Piepkorn asking if an entertainer on the sidewalk on Broadway with a guitar is allowed to use an amplifier, Captain Helmick said yes, it is allowed under the recommended Ordinance. He said the conclusion was that it is not reasonable to ask a performer to not use an amplifier, instead the focus is decibel level.
Commissioner Preston said if 70 decibels is a level that starts to damage hearing, bringing it up to that makes no sense. She said there is a difference between beginning to cause hearing damage and a quality of life in a residence or perhaps somebody is trying to sleep. She said she feels doing this is a huge jump.
Ms. Morris said the offending level beyond ambient noise level would be an enforceable level since it is not possible to remove all noise.
Captain Helmick said the difficulty in enforcing a Sound Ordinance is in measuring it. He said the same noise five feet away would have a higher intensity than from 25 feet away.
Commissioner Preston said if the base being used is ambient noise the sounds outdoors, with cars and trucks going by, will not be tolerable. She said she would suggest going back to 60 decibels.
In response to a question from Commissioner Preston asking if anyone has talked with the Downtown Neighborhood Association or the Downtown Community Partnership about the decibel levels, Captain Helmick said they met with some street buskers who want a higher level and have had complaints from citizens who want a lower level, so the effort is to find a happy medium.
Commissioner Preston said she sees tension between Downtown being an entertainment center and being a residential neighborhood. She said at a 70-decibel level, there will be complaints from the neighborhood.
In response to a question from Commissioner Kolpack asking if other cities were researched for their decibel levels, Ms. Morris said they pulled Ordinances from a number of cities; some limits were higher and some were lower.
Commissioner Strand said he would like more time for this for more engagement with the Downtown leadership.
In response to a question from Commissioner Strand asking if a garbage truck working Downtown at 5:00 a.m. would be a noise violation, Captain Helmick said it could be in that particular zone if noise is above the decibel level, a garbage truck is not a listed exception.
In response to a question from Commissioner Strand asking if someone in a balcony above the street can be louder than people on the street, Captain Helmick said this Ordinance could apply or the Loud Party Ordinance could apply. He said the Loud Party Ordinance says if 50 feet away with two or more people gathered in a dwelling cause a disturbance, there could be a loud party and a violation. He said that Ordinance does not include a decibel reading.
Commissioner Kolpack said she appreciates what feels like the need for more public comment and without more data it seems like 70 decibels was just a number to try.
Mayor Mahoney said he suggests a discussion on setting the decibel limit at an amount above the ambient level Downtown, it seems the proposed level is erring on the high side.
In response to a question from Mayor Mahoney asking if final enforcement would be delayed if the amendment were brought back in two weeks, Ms. Morris said it would delay the process a couple weeks in that it would need to be published.
Commissioner Preston said it is near the end of the season for performers to be outside and she would like to get this right the first time. She said there have been discussions with performers; however, she said, there needs to be discussions with the neighborhood and businesses.
Commissioner Strand moved to delay the Second Reading of an Ordinance Relating to Use and Care of Streets and Sidewalks; and Relating to Noise Control and Radio Interference for Two Weeks:
Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn, Preston, Kolpack and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Discussion on Downtown Safety:
Commissioner Piepkorn said public safety is one of the primary responsibilities of the City and in the GO2030 Plan, the City wants more people living and working Downtown. He said the Renaissance Zone incentives have been successful, and there is perception now, that the Downtown is not safe and there is unacceptable behavior and harassment of law-abiding citizens on a daily basis. It is not only a Police issue, he said, everyone must work together and he believes visible Police presence is important. He said he is aware of the challenges with staffing numbers; however; it is important for the PD to be seen, not only for the bad people but also for citizens to see officers there. It is discouraging to be aggressively panhandled, he said, and he hopes having discussions can bring solutions. With the economic development and new businesses coming to Downtown, employees need to feel safe walking to their cars before or after work, he said, or they may not want to be employed Downtown. He would like these discussions to be ongoing, he said.
Police Captain Chris Helmick said he does not disagree at all, more officers are needed Downtown and as Division Commander for the Patrol Division, it is one of his priorities. He said as staffing is improved over the next several months, a priority is to put more officers Downtown more consistently, and by next spring and summer he hopes to accomplish that. This is not only a police issue, he said, the PD is working with community partners for mental health solutions and dealing with homelessness and chronic addiction problems.
Commissioner Preston said she lives Downtown and is on the sidewalk every day, sometimes until 2 a.m. with her dogs. She said the BID has done a good job keeping sidewalks clean, which is part of the sense of safety. She said she has seen more uniformed officers Downtown lately, which is helpful. She said living Downtown, she rarely feels unsafe and her sense of safety is well established when she is on the sidewalks. Not to negate anyone who feels unsafe, she said, as her experience is not the same as someone else; however, she feels Downtown is relatively safe from her perspective.
Mayor Mahoney acknowledged the Harm Reduction employees attending the meeting who see 60 to 70 people per day in the Engagement Center. He said the health clinic is open mornings, the mobile unit is successful in greeting people in the streets and helping them, and they are a great partner with the Police. He has talked with Harm Reduction Director Jan Eliassen and Director of Public Health Desi Fleming about working with the State on some of the mental health issues and this will be the year to push the Legislature to focus more on mental health. He said all the Commissioners are committed to that.
Commissioner Strand said this is a valuable discussion and it needs to be done often. He said millions of dollars are thrown at jails and prisons yet how much is put into addiction and keeping people out of jail. This is a challenge, he said, and the City is doing some programs such as the Engagement Center, which could have more hours and more staff. The Mobile Outreach Program is limited in space, outreach and time, he said, and the City needs to invest in it and leverage it forward and get more help for the people. How do homeless people function if they cannot even find a bathroom, he asked. There could be blue light phones like those that campuses have, he said, and there are many things that can be done as well as investing in the Police Department. It may take more than a two-mill increase, he said, there needs to be more public safety in this growing city.
Commissioner Piepkorn said it seems to be only Fargo providing the bulk of the services and the neighboring communities need to participate. He said he would like things done right now.
Request for an Extension to the Outdoor Amplified Sound Permits Through the 2023 Calendar Year Delayed: Appropriate Staff to Review Making a Change to the Ordinance:
The Board received a communication from Carly Bishoff of Jade Presents stating Fargo Brewing Company requested an extension to the Moratorium on the Outdoor Amplified Sound Ordinance for the Fargo Brewing Company for the 2022 calendar year and she once again requested the extension to the moratorium for the 2023 calendar year. She said due to continued COVID-related restrictions on touring acts, the community confidence is weaker for indoor concerts and businesses will once again need to prioritize a higher frequency of outdoor events of 2023.
Mayor Mahoney said the extension was due to COVID-19 related restrictions and the Ordinance may need to be changed.
City Attorney Nancy Morris said the moratorium was pursuant to the Emergency Declaration, which has expired, so an Ordinance change would need to be made. Right now, the Ordinance allows one permit every 30 days in a location that is 500 feet from a residential zoned district, she said.
Jade Neilson of Jade Presents said they produce a number of concerts outside each year and previously were approved for five per month. They had 15 outdoor events this summer with 18,000 patrons, he said, 11,000 were local and approximately 7,000 came from outside the metro.
Commissioner Strand said the question “why not across the entire city” is a viable question; not just for one particular location or promoter.
In response to a question from Commissioner Preston asking how this intersects with the proposed Noise Ordinance discussed earlier, Ms. Morris said that Ordinance allows amplified sound on a regular basis up to a certain noise level and then there would be permits for amplified sound. She said this would be looking at how many permits could be issued in a certain location. She said the Ordinance says no permits issued in residential zoning districts and Downtown Mixed Use is not considered residential for that purpose. The Ordinance also provides that, with respect for any permit for property where the source of sound is within 500 feet of a Residential Zoning District, no more than one permit may be issued for every 30 days, she said. The request presented is for five permits in 30 days, she said, and to change from one to five it would be a change to the Ordinance.
Jared Hardy of Fargo Brewing said there is one residential unit north of the corner of 7th Avenue and University Drive that is within 500 feet of their property.
Commissioner Kolpack moved appropriate staff be directed to look into making a change to the Ordinance and bring it back to the Board in two weeks.
Second by Preston. On call of the roll Commissioners Kolpack, Preston, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Reappointments to the Planning Commission Approved:
The Board received a communication from Mayor Mahoney recommending that John Gunkelman, Thomas Schmidt and Scott Stofferahn be reappointed to the Planning Commission.
In response to a question from Commissioner Strand asking if this helps address the territorial vacancies, Commissioner Preston said one of the three of those has been filled.
Commissioner Piepkorn moved John Gunkelman, Thomas Schmidt and Scott Stofferahn be reappointed to the Planning Commission for three-year terms ending June 30, 2025
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.
Appointments to the Housing and Redevelopment Authority Withdrawn:
This item was withdrawn.
Liaison Commissioner Assignment Updates:
The Commissioners each gave a report on the Boards and Committees on which they serve.
Commissioner Kolpack moved that the Board adjourn to 5:00 o’clock p.m., Monday October 3, 2022.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:56 o’clock p.m.