Fargo City Commission - May 30, 2023

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 4:30 o'clock p.m., May 30, 2023.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Strand, Mahoney.
Absent: Preston.
Mayor Mahoney presiding.

Mayor Mahoney announced that the Board will retire into Executive Session for the purpose of attorney consultation pertaining to 501 Main Avenue. He said to discuss the risks, strengths or weaknesses of an action of the public entity in an open meeting will have a negative fiscal effect on the bargaining and/or litigation position of the City of Fargo, thus, an Executive Session for said matters is authorized pursuant to North Dakota Century Code §44-04-19.1 subsection 2.
Commissioner Kolpack moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC Section 44-04-19.1(2) for the purpose of attorney consultation.
Second by Piepkorn. All the Commissioners present voted aye and the motion was declared carried.

At 4:32 o’clock p.m. the Board moved to the Red River Room to discuss said matter in Executive Session.
Members present were: Kolpack, Piepkorn, Preston (via conference call), Strand, Mahoney.

The Executive Session closed at 4:59 o’clock p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.

The Mayor read a message with the following information: At the Library the annual Summer Reading Challenge starts June 5th and runs through August 26th, the Fargo History Hunt is back for 2023 and a Summer Puzzle Competition will be June 10th at the downtown location; the 2022 population estimate for Fargo is 131,444, an increase of 1,934 from the 129,510 estimate for 2021; the Fargo Police Department has signed the 30x30 Initiative Pledge that will help improve the representation and experiences of women in law enforcement; and a video was shown with more information about the 30x30 Initiative Pledge.

Order of Agenda Approved:
Commissioner Strand moved the Order of the Agenda be approved, moving Item No. “9” from the Consent Agenda to the Regular Agenda and adding an Item at the end of the Regular Agenda to discuss a dangerous building at 509 21st Street North.

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 on May 15, 2023 be approved as read.

Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.

Consent Agenda Approved:
Commissioner Kolpack moved the Consent Agenda be approved as follows:
1. 1st reading of an Ordinance Amending Section 1-0305(C)(7) of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.
2. 2nd reading of an Ordinance Amending Section 21.1-0102 of Article 21.1-01 of Chapter 21.1 of the Fargo Municipal Code Relating to the International Residential Code.
3. 2nd reading of an Ordinance Rezoning a Certain Parcel of Land Lying in Dakota Commerce Center North Addition to the City of Fargo, Cass County, North Dakota.
4. 2nd reading of an Ordinance Annexing a Certain Parcel of Land Lying in a Portion of the Northeast Quarter of Section 15, Township 140 North, Range 49 West of the 5th Principal Meridian in Cass County, North Dakota.
5. Property Damage Release with Justin Bremer and Progressive Northwestern Insurance Company.
6. Applications for Games of Chance:
a. El Zagal Provost Gaming for a sports pool from 9/10/23 to 12/17/23.
b. Villa Nazareth DBA CHI Friendship for a raffle on 10/13/23.
c. FM AM Rotary for a sports pool from 9/11/23 to 2/11/24.
d. Nordic Culture Clubs for a raffle on 6/23/23.
e. Vietnam Veterans of America Chapter 941 for a calendar raffle from 8/1/23 to 8/31/23.
f. River Keepers for a raffle on 6/12/23.
g. Scottish Rite Holding Company for a raffle on 11/19/23.
h. UND Alumni Association & Foundation for a raffle on 6/28/23.
7. Site Authorizations for Games of Chance:
a. Northern Prairie Performing Arts at SouthTown PourHouse.
b. Northern Prairie Performing Arts at Windbreak Lounge.
c. Sharehouse, Inc. at Baymont Inn/Alibi Lounge and Casino.
d. Sharehouse, Inc. at Bismarck Tavern.
e. Sharehouse, Inc. at Rick’s Bar.
f. Sharehouse, Inc. at The RoundUp Saloon.
g. Sharehouse, Inc. at Woody’s.
h. Team Makers Club, Inc. at Holiday Inn.
i. American Gold Gymnastics, Inc. at The Box.
j. Fargo Youth Hockey Association at Buffalo Wild Wings – 42nd.
k. Fargo Youth Hockey Association at Buffalo Wild Wings – 19th.
l. Fargo Youth Hockey Association at Dogleg North.
m. Fargo Youth Hockey Association at H.A. Thompson & Sons Arena.
n. North Dakota Horse Park Foundation at Boiler Room.
o. Horse Race North Dakota at Labby’s Bar & Grill.
p. Horse Race North Dakota at Edgewood Tavern.
q. Horse Race North Dakota at Sickie’s Garage - Fargo.
r. Horse Race North Dakota at Chub’s Pub.
s. Horse Race North Dakota at Sidestreet Grille & Pub.
8. Receive and file General Fund – Budget to Actual through April 2023 (unaudited).
9. Agreement with Liquid Hospitality, LLC d/b/a Windbreak Saloon (moved to the Regular Agenda).
10. Extension of a Class “A-8” Alcoholic Beverage License for BFG, Inc. d/b/a Borrowed Bucks Roadhouse until 12/31/23.
11. Developer Agreement with Dakota Commerce Center S, LLC.
12. Change Order No. 1 in the amount of $85,174.00 and 2-calendar day extension to the substantial completion date to 10/2/23 for Improvement District No. BN-22-C1.
13. Bid award to Dakota Underground Company Inc. in the amount of $3,930,816.24 for Improvement District No. BR-23-J1.
14. Permanent Easement (Electrical Utilities) with Cass County Electric Cooperative.
15. Agreement Regarding Deferral of Special Assessments with North Fargo Land, LLC and ARD Properties, LLC (Project No. UN-23-A1).
16. Agreement for Permanent Easement (Water Main Easement) and Easements (Temporary Construction Easement) with North Fargo Land, LLC and ARD Properties, LLC (Project No. UN-23-A1).
17. Change Order No. 4 in the amount of $11,752.00 for Project No. FM-19-C1.
18. Memorandum of Offer to Landowner for Permanent and Temporary Easements with Donald O. Tessmer (Project No. SN-23-B0).
19. Bid award to Northstar Safety Inc. in the amount of $884,857.00 for Project No. TM-23-A1.
20. Bid awards for Project No. WA2255:
a. General construction contract to PKG Construction, Inc. in the amount of $2,126,900.00.
b. Electrical construction contract to Sun Electric, Inc. in the amount of $159,468.00.
21. Bid advertisement for Project No. TR-23-A.
22. Window Retrofit Project Phase II at the Police Stations.
23. Agreement for Services with Metro Plains Management.
24. Purchase of Service Agreement with Kindred Public School District.
25. Purchase of Service Agreement with Central Cass Public School District.
26. Purchase of Service Agreement with the ND Department of Health and Human Services, Behavioral Health Division.
27. Extend the contract with Fargo Freightliner to purchase truck chassis (PBC T-647(5)).
28. Extension of the highway deicing salt contract with Compass Minerals America Inc. for the 2023-2024 snow season (RFP22068).
29. Contract and bond for Project Nos. NR-23-A3 and WA2217.
30. Contract and bond for Improvement District No. BR-23-F1.
31. Contract and bond for Improvement District No. PN-23-C.
32. Contract and bond for Improvement District No. PN-23-A1.
33. Bills in the amount of $9,637,140.55.

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

__Resident Comments: __
Wess Philome spoke about the NP Parking Garage Project.

Presentation on Bottle Clubs and Corkage Fees:
City Auditor Steve Sprague said the City recently became aware of a practice of allowing customers to bring their own bottle of alcohol to an event and the host site would charge a corkage fee. He said this process runs contrary to ND Century Code section 5-01-10 about Bottle Clubs, which states “any person operating an establishment whereby persons are allowed to bring their own alcoholic beverages on the premise is guilty of a Class B misdemeanor.” He said alcohol consumed on a licensed premise must be purchased at the licensed premise. This holds true for wedding receptions, corporate events, charitable events and any other event where alcohol is consumed, he said.
In response to a question from Mayor Mahoney asking if a person buys a bottle of wine at a restaurant and does not finish it, can the customer can take it home, Mr. Sprague said according to Fargo Municipal Code, a bottle of wine can be recorked and sent home with the patron.

Presentation on Green Dot Training Program Sessions:
City Auditor Steve Sprague said the City has arranged for de-escalation training sessions under the Green Dot Program at Fargo Cass Public Health. He said the sessions will be from 2 to 3:30 p.m. on July 19th, August 15th, September 20th and October 26th and are free and open to the public. There have been a number of discussions at Liquor Control about de-escalation training to help people interact with someone that may be having some type of an issue, he stated. Liquor Control requested that he bring this forward for public awareness, he said, and to let the public know that anyone can attend these sessions.

Application Filed by Royal Buffet, Inc. d/b/a Royal Buffet for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Royal Buffet, Inc. d/b/a Royal Buffet for a Class "F" Alcoholic Beverage License at 1620 32nd Avenue South, 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.
Mr. Sprague said the Class “F” license is a full alcohol license and requires food sales that exceed alcohol sales and a bar is not allowed. He said this is an existing business that wants to add this amenity.
Commissioner Kolpack moved the application be approved.

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.

Application Filed by Lovely Grill, LLC d/b/a Lovely Grill for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Lovely Grill, LLC d/b/a Lovely Grill for a Class "H" Alcoholic Beverage License at 1324 25th Avenue South, 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.
Mr. Sprague said a Class “H” license is for beer only, food sales must exceed alcohol sales and service is allowed only at a table or booth and a bar is not allowed.
Commissioner Piepkorn moved the application be approved.

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

Hearing on Community Development Block Grant (CDBG) and HOME Investment Partnerships Programs (HOME) 2023 HUD Action Plan Draft, Proposed Activities for 2023 and a Proposed Amendment to the 2021 HUD Action Plan:
A Hearing had been set for this day and hour on the Community Development Block Grant (CDBG) and HOME Investment Partnerships Programs (HOME) 2023 HUD Action Plan Draft and Proposed Amendments to the 2021 HUD Action Plan.
Community Development Planning Coordinator Tia Braseth said the City has prepared the 2023 Action Plan for the use of US Housing and Urban Development (HUD) funds. A total of $1,555,917.77 is anticipated to be available for the 2023 Community Development budget, she stated, and staff proposes an amendment to the 2021 Action Plan activity for the After School Matters Youth Center to allow a broader service area. She said the proposal is being presented tonight as a Public Hearing and the timeline includes a 30-day public comment period. Once approved, she said, the 2023 Action Plan and the 2021 Action Plan Amendment will be submitted to HUD for approval. No action is required at this time, she stated, and final consideration is planned for the June 12, 2023 Regular Meeting of the City Commission.

Resolution Adopted Approving Plat of Cass County Corrections 2nd Addition (450 34th Street South; 502 28th Street South; 3309 Westrac Drive South):
A Hearing had been set for this day and hour to consider approval or denial of an application requesting a Plat of Cass County Corrections 2nd Addition (Major Subdivision) a replat of Lot 1, Block 1, and Lot 1, Block 2, Cass County Corrections Addition; Lot 4, Block 1, Westrac Third Addition, Lot 6, Block 4, and Lot 2, Block 6, Burlington Northern I-29 South Industrial Center Addition; and part of the Southwest Quarter of Section 11, Township 139 North, Range 49 West of the Fifth Principal Meridian, to the City of Fargo, Cass County, North Dakota including a Vacation of a portion of 28th Street South.
Current Planning Coordinator Donald Kress said the plat combines several lots and vacates a portion of the 28th Street right-of-way into a single lot. He said the jail is going to expand to the east and there is a small unplatted property to the south of the jail that will also be incorporated into the property. Zoning is Limited Industrial, he said, which is the appropriate zoning for a detention facility.
In response to a question from Mayor Mahoney asking when the expansion will be completed, Cass County Administrator Robert Wilson said architects were planning on a two-year build time; however, at a recent pre-construction meeting, a number of the contractors said two years might be an overly generous time frame and it may be completed and available sooner than expected.
Commissioner Kolpack offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Cass County Corrections 2nd Addition” containing 1 Lot, 1 Block and 26.73 acres of land more or less, located at 450 34th Street South; 502 28th Street South; 3309 Westrac Drive South; and
WHEREAS, A Hearing was held January 3, 2023 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on April 26 and May 3, 10, and 17, 2023 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., May 30, 2023 at which time said Plat would be considered and all interested persons would be heard.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “Cass County Corrections 2nd Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Second by Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Kolpack, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Resolution Adopted Approving a Vacation Plat of a Portion of 5th Avenue North Adjacent to Block 24, Kenney & Devitts 2nd Addition (419 3rd Street North):
A Hearing had been set for this day and hour to consider approval or denial of an application requesting a Vacation Plat of a portion of 5th Avenue North adjacent to Block 24, Keeney & Devitts 2nd Addition.
Current Planning Coordinator Donald Kress said this plat is for a narrow strip of property near Fifth Avenue North owned by the railroad since the 1880s that was never developed as a street. The small strip of land will be vacated and will become a part of the property to the south, he stated, which is being developed as RiverHouse.
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Vacation Plat of a Portion of 5th Avenue North Adjacent to Block 24, Keeney & Devitts 2nd Addition” containing 0.17 acres of land more or less, located at 419 3rd Street North; and
WHEREAS, A Hearing was held February 7, 2023 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on April 26 and May 3, 10, and 17, 2023 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., May 30, 2023 at which time said Plat would be considered and all interested persons would be heard.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “Vacation Plat of a Portion of 5th Avenue North Adjacent to Block 24, Keeney & Devitts 2nd Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Second by Kolpack. On the vote being taken on the question of the adoption of the Resolution Commissioners Strand, Kolpack, Piepkorn, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Resolution Adopted Approving a Plat of Betlock Addition (1722 2nd Street North):
A Hearing had been set for this day and hour to consider approval or denial of an application requesting a Plat of Betlock Addition.
Current Planning Coordinator Donald Kress said this plat is near Elephant Park off of 18th Avenue North near the VA Hospital. He said the owner of the existing house wants to demolish it and rebuild, which will require about a six foot vacation of a portion of the 18th Avenue North right-of-way. He said this property has an odd history due to the fact that when it was originally platted in 1949, Second Street North was proposed to go through Elephant Park to 19th Avenue. In 1960 that was vacated and 18th Avenue was bent around the curve of the park to go to the existing 18th Avenue, he said; however, it changed the relationship of that lot to the street so it had been just a side yard setback, which is fairly narrow.
Karen Dahlseng, 1718 2nd Street North, said she is not against the vacation plat; however, when soccer is being played in Elephant Park, people are parking on that part of the street and it is not safe due to fact that the road is narrow. She asks that the City add curb to that area so people cannot park on it.
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Betlock Addition” containing 1 Lot, 1 Block and 0.18 acres of land more or less, located at 1722 2nd Street North; and
WHEREAS, A Hearing was held February 7, 2023 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on April 26 and May 3, 10, and 17, 2023 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., May 30, 2023 at which time said Plat would be considered and all interested persons would be heard.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “Betlock Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Second by Kolpack. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Kolpack, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Resolution Adopted Approving Plat of 1001 NP Addition (1001 NP Avenue North and 11 11th Street North):
A Hearing had been set for this day and hour to consider approval or denial of an application requesting a Plat of 1001 NP Addition (Major Subdivision) a replat of Lots 1-12, Block 25; all of Lots 1, 2, 7-12, and part of Lots 3 and 4, Block 26; and the alley and vacated alley therein, Roberts Second Addition to the City of Fargo, Cass County, North Dakota.
Current Planning Coordinator Donald Kress said this plat is now constructed as The Landing and is a mixed-use building on an L-shaped lot. He said the request is to combine two smaller lots into one and clarify the complex title history of this property.
Commissioner Kolpack offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “1001 NP Addition” containing 2 Lots, 2 Blocks and 2.46 acres of land more or less, located at 1001 NP Avenue North and 11 11th Street North.; and
WHEREAS, A Hearing was held April 5, 2022 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on May 17 and 24, 2023 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., May 30, 2023 at which time said Plat would be considered and all interested persons would be heard.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “1001 NP Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Renaissance Zone Projects for Great Plains NP Holdings, LLC and Northern Prairie Performing Arts Approved:
A Hearing had been set for this day and hour to receive comments on Renaissance Zone Projects for Great Plains NP Holdings, LLC and Northern Prairie Performing Arts for a project located at 602, 610, 636 and 650 Northern Pacific Avenue North.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.
Planning Director Nicole Crutchfield said the intent is to develop the surface level parking lot into a 6-story, mixed use building that includes retail, apartments and a community theater. A public parking ramp is also planned, she said; however, that is not included in the applications. She said the Renaissance Zone Project applications presented meet all of the minimum criteria set forth in the Renaissance Zone Plan and are consistent with the established goals and objectives. Initially the project came as one application, she said; however, at the Renaissance Zone Authority meeting the potential for separate applications was noted due to different ownership and construction timelines and the applicants decided to move forward with separate applications. She said the applicants’ investment will be about $36 million for the residential and commercial and another $10 million for the theater. She said both of these projects meet the minimum threshold as set forth in the Renaissance Zone plan.
Commissioner Piepkorn moved the Renaissance Zone applications filed by Great Plains NP Holdings, LLC and Northern Prairie Performing Arts for a project located at 602, 610, 636 and 650 Northern Pacific Avenue North be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority.

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.

Renewal Plan for Tax Increment Financing District No. 2023-02 and Second Amendment to Developer Agreement with Great Plains NP Holdings LLC Approved:
A Hearing had been set for this day and hour to review a Renewal Plan for Tax Increment Financing District No. 2023-02 for redevelopment in the 600 block of NP Avenue which will cleanup and redevelop a surface parking lot. The initial development will be about 168 apartments, 2,600 square feet of main floor commercial space, a community theater and a parking garage.
No written protest or objection to the Plan has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Plan.
Strategic Planning and Research Director Jim Gilmour said the TIF would be used for land acquisition, site cleanup, public works improvements and a City parking garage. He said the TIF assistance to the developer would be limited to TIF funds for the new private building for a 5-year period following a 5-year Renaissance Zone property tax exemption. The total length of the TIF for paying for the City parking garage will be 25 years, he said. City financial adviser PFM reviewed the request, he said, and stated that the base scenario without assistance along with the sensitivity analyses demonstrates the project would be unlikely to be feasible without assistance. He said this is part of the overall financing of this mixed-use project that will include a City-owned parking ramp, apartments and the Fargo-Moorhead Community Theatre. Part of the financing is the creation of a TIF District, he said, and new property taxes will go towards building or paying for the parking garage until such time as it is done and then it will go back on the tax rolls. He said the 450-car parking garage need was determined by a parking study that looked at the overall parking needs in the southern part of Downtown.
In response to a question from Commissioner Preston asking how many other TIF districts are Downtown, Mr. Gilmour said there are five other districts.
In response to a question from Commissioner Preston asking if the cost of the parking ramp is over $20 million or the interest rate for the bonds are over 7 percent, is the City going have to look again at the parking ramp, Mr. Gilmour said bonds now are a little below 6 percent and he thinks that is on the safe side. He said when the City sells these bonds in a few months, they could be at 6.5 percent; however, right now it appears unless there is a large spike in interest rates, it will be below 7 percent. He said he does not have details on construction costs; however, what Kilbourne has indicated is that this is tracking below $20 million. If the City is not within the right parameters, he said, the Commission could either agree to pay more, scale the project back or make other modifications. He said the other element is payments for parking in the ramp will generate revenue and that is important as the financial plan is that the parking pays for itself.
In response to a question from Commissioner Preston asking what is the current balance of the parking fund, Mr. Gilmour said about $2.5 million.
Commissioner Strand said he was cautious when this discussion first surfaced and his hopes were that there would have been a more public process to invite the public and other developers to have a chance to bid on this project; however, in that whole time, no one stepped up, no one said anything and he signaled to the community many times that he would love to hear from anybody and he did not.
Commissioner Piepkorn offered the following Resolution and an Amendment to the Developer Agreement with Great Plains NP Holdings, LLC to provide TIF funds for the project and moved its adoption:
WHEREAS, Certain areas within the City are in need of development in order to prevent further deterioration and to preserve property values; and
WHEREAS, The Board of City Commissioners desires to avail itself of the power and authority granted by Chapter 40-58 NDCC.
NOW, THEREFORE, BE IT RESOLVED, By the Board of City Commissioners as follows:
1. That one or more slum or blighted areas or areas consisting of industrial or commercial property, or a combination of those areas of properties exist in the City of Fargo.
2. That the development, rehabilitation, conservation or redevelopment or a combination thereof, of the area contained within the Renewal Plan for Tax Increment Financing District No. 2023-02 is necessary in the interest of public health, safety, morals or welfare of the residents of the City of Fargo.
3. That the area designated as the Renewal Plan for Tax Increment Financing District No. 2023-02 is underdeveloped and is appropriate for a development or renewal project.
4. That such development, rehabilitation, conservation or redevelopment of the area contained in the Renewal Plan for Tax Increment Financing District No. 2023-02 requires the powers and authority granted in Chapter 40-58 NDCC.
5. That the Renewal Plan for Tax Increment Financing District No. 2023-02 is officially adopted by the Board.
6. That Developer's Agreements be prepared in regard to the Tax Increment exemption.
7. That the appropriate staff be directed to request the county auditor and treasurer to compute, certify and remit tax increments resulting from the development or renewal of the area in accordance with the plan and any modifications thereof and that the county auditor and treasurer shall do so in accordance with this section.

First Amendment to Developer Agreement with Great Plains NP Holdings, LLC Approved:
Director of Strategic Planning and Research Jim Gilmour said he is requesting a three-month time extension in some of the deadlines in the Development Agreement for the mixed-use project that includes the NP Parking Garage. He said an extension will benefit the developer, the Fargo Moorhead Community Theatre and the City. The Amendment moves the deadline to start construction to October 15 rather than July 15, although it may start sooner, he said. The developer, FMCT and the City have made good progress on the project, he said, and the City will also benefit from the extension by allowing additional time to prepare to sell bonds.
Commissioner Piepkorn said he would like to have this item back on the agenda after the extension period to summarize the final details.
Commissioner Kolpack said this is a unique arrangement due to the fact that it includes not only a non-profit, which is bringing millions of dollars to the project, but a public-private partnership.
Mayor Mahoney said there has been a lot of public support for this project and it is fantastic when he hears how much involvement the theater has with children’s groups and how much they are going to benefit from the project.
Commissioner Piepkorn moved the First Amendment to the Developer Agreement with Great Plains NP Holdings, LLC be approved.

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.

Resolution of Annexation of a Part of the Southwest Quarter of Section 28; of the Southeast Quarter of Section 29; and the Northeast Quarter of Section 32, Township 140 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota, containing approximately 80.40 acres, more or less: Public Hearing on the Sufficiency of Protests to be Held July 10, 2023:
Current Planning Coordinator Donald Kress said the City is initiating an annexation of these parcels to enable future industrial development near a rail line along 57th Street and 19th Avenue North. He said the proposed subdivision will be known as Veterans Industrial Park.
In response to questions from Commissioner Strand asking about the status of special assessments in this area, specifically around the Horse Park, and will this annexation impact how those specials will be spread out, and will this be considered agricultural land and therefore have specials deferred, City Engineer Brenda Derrig said the 19th Avenue North project is complete and there are deferrals associated with 19th Avenue due to the fact that land was not inside the City limits. She said by bringing this land in to the City and platting it, that will bring those deferrals back on the property. She said there is a farmstead in the area, which will continue with the deferral; however, the rest of the properties will have specials once it is platted and annexed. She said the Horse Park would not incur any more specials due to the fact that the infrastructure is already in on 19th Avenue North.
Commissioner Strand said he is mostly concerned about what this means for the long term for specials and who is paying, who is off the hook and who is on the hook.
Ms. Derrig said as industry starts to develop in this area, typically what happens is the City defers specials for a time to let the businesses get their properties up and going. She said there is a lot of interest in the 19th Avenue North corridor.
Commissioner Kolpack moved that the Resolution entitled “Resolution of Annexation” and referred to as Attachment “A” be adopted and attached hereto.

Second by Piepkorn. On the vote being taken on the question of the adoption of the Resolution of Annexation Commissioners Kolpack, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

2023 Final Legislative Report:
Terry Effertz, Special Assistant City Attorney for the City of Fargo at the North Dakota Legislature, gave a wrap-up presentation about the 68th Legislative Assembly that ended on April 30, 2023.

RFP Awarded to Veneklasen Associates to Conduct a Downtown Noise and Vibration Study: 2023 Budget Adjustment to Fund the Study Approved:
City Administrator Michael Redlinger said a study goal came out of some concerns expressed in the Downtown core about quality of life impacts and trying to address those issues. He said a noise study will be invaluable in trying to help develop comprehensive and credible data. There was not enough actionable information to think about modifications to Ordinances or to think about new regulations, he stated; therefore, a noise study will provide important data and information to talk about street performance and other Downtown noise issues. He said two proposals were received following the RFP process, one from Veneklasen Associates and one from the RSG Group. He said Veneklasen is the preferred vendor as they have been in business since the late 1940s and have an extensive background and knowledge developed over time on noise standards and proprietary tools to model noise impacts. He said the Veneklasen proposal includes collecting and analyzing data and it also offers the ability for the City to add services, if needed, such as collecting information from a specific neighborhood or a specific block. He said Veneklasen also demonstrated they can meet the City’s timeline to try to collect the data this year. There are two options to consider, he said: Option A would be to approve Veneklasen as the firm to conduct the study and approve a 2023 budget adjustment for $40,000.00; and Option B would be to defer the study to 2024. He said $40,000.00 would be sufficient to fund the total scope of work and any contingencies.
In response to a question from Commissioner Piepkorn asking if examples of studies from other cities were received, Mr. Redlinger said Veneklasen has experience drafting model Ordinances and working with other cities and one of their reference letters came from Beverly Hills, California. He said Veneklasen has deep expertise across the country and is in a very unique niche market where they have proprietary technology to help advise the City about how to strengthen Ordinances as well as the technical know-how and equipment.
In response to a question from Mayor Mahoney asking if the City’s end point is an Ordinance, would we consider just asking for the answer rather than spending $40,000.00, Mr. Redlinger said the study will provide the City with the hard data that will allow the City to determine the baseline noise level Downtown in order to determine when noise becomes excessive. He said the City wants to address the concerns that have been expressed; however, the City does not have a knowledge of what the noise problem is. Fargo’s data will allow the consultant to craft a solution that is right for the City’s individual Downtown, he stated, instead of giving Fargo a solution meant for a different city. He said this will be important data and information to gather as we talk about street performers and other Downtown noise ordinances.
In response to a question from Commissioner Preston asking why this was not included in the 2023 budget and is the noise Ordinance different for the DMU versus what Jade Nielsen requested with outdoor performances outside the DMU, Mr. Redlinger said the amplified outdoor sound permits are in the regulated space of the noise Ordinance but in a different area as it relates specifically to outdoor amplified sound. When talking about the activity in the Downtown core, he said, it is regulated by the existing noise Ordinance; however, it also is leaving a gap and there are some model Ordinances that exist and this study will help identify those. There could be some parallels with amplified outdoor large events, he said, and this is an opportunity to refresh the entire noise Ordinance section. He said this did not get included in the budget for a variety of reasons, including funding limitations and trying to identify vendors through an RFP process.
Commissioner Strand said time is of the essence and he does not want to lose a year. He said the Downtown growth challenge is front burner and to delay this would not be good for the people who live and work Downtown.
Commissioner Strand moved the RFP be awarded to Veneklasen Associates to conduct the Downtown noise and vibration study and a budget adjustment to fund the project be approved.

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

Selection of the “Dumbbell Interchange with Roundabouts” Design for the I-29 and 40th Avenue North Interchange Project Approved:
Transportation Division Engineer Jeremy Gorden said the North Dakota Department of Transportation looked at what was happening with the industrial growth northwest of the airport and some safety issues with the interchange that was built in the 1960s. The NDOT did an RFP last fall to look at the interchange, he said, and a feasibility analysis of what could be built there in the future. He said they came up with a list of alternatives for the interchange that address traffic safety and environmental and functional concerns. The next steps are to pare down the interchange to one concept, then move it through the environmental process and design, he said. He gave an overview of the design options including a standard interchange with traffic signals, a diverging diamond with traffic signals or roundabouts, a partial cloverleaf with traffic signals and the dumbbell interchange with roundabouts. He said the cost for the dumbbell interchange with roundabouts is about $28 million versus some of the other alternatives, whose prices range from $27 million to $34 million. Weighing the evaluation criteria for each design, including safety, environmental impacts, structural impacts, constructability issues, utility impacts and costs, the highest scoring alternative was the dumbbell interchange with roundabouts. He said the preferred design is intuitive and will keep traffic moving without the use of traffic signals, it is a straightforward design and keeps costs the lowest. He explained some of the advantages and disadvantages of each design, and the specifics on why the Engineering staff selected the dumbbell interchange with roundabouts design as the preferred option.
In response to a question from Commissioner Strand asking if there were any comments from the public, City Engineer Brenda Derrig said what she heard was the overall need of making the interchange safer and the people she visited with supported the dumbbell interchange. She said one of the adjacent property owners thought it was a very innovative idea that would work well with all the truck traffic at that interchange.
Commissioner Piepkorn moved the selection of the dumbbell interchange with roundabout design for the I-29 and 40th Avenue North Interchange Project be approved.

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

Amended Agreement with Liquid Hospitality, LLC d/b/a Windbreak Saloon Approved (Moved from the Consent Agenda):
City Auditor Steve Sprague said due to concerns in operation methodology, the Liquor Control Board took necessary steps to hold a Hearing regarding operations at the Windbreak Saloon. He said before the Hearing was held, City staff along with members of the Liquor Control Board met with the owner/manager of the Windbreak and came to an understanding on operation changes that would allow the Hearing to be cancelled. He said the agreed steps include using an Identification Scanner, maintaining a list of excluded patrons, taking appropriate steps to improve safety and culture by empowering employees to act when appropriate and undertake education and training activities such as server training, install and maintain security cameras, make video footage available to Police, door personnel and other employees working security shall participate in a de-escalation training program approved by the City and ensure that occupancy capacity is not exceeded. All parties agreed that failure to abide by the terms of the Agreement shall cause the City to provide notice to the Windbreak, he said, and start the process to present the violations to the Liquor Control Board and City Commission.
Commissioner Piepkorn moved the Agreement with Liquid Hospitality, LLC d/b/a Windbreak Saloon be approved.

Second by Kolpack.

In response to a question from Commissioner Strand, asking if a business invests in ID scanners, why are they not using them all the time and how soon can the City get all liquor establishments to use ID scanners all the time and not just at certain times, Mr. Sprague said there are more than 200 liquor license holders and at least half of those are restaurants. He said at what point does the City say this is a busy restaurant that should have an ID scanner and what point is it a burden on a small restaurant. He said there is not a standard ID scanner and some bars have invested in very expensive forensic scanners and others use entry-level scanners. He said Liquor Control has talked about mandating ID scanners; however, it is not a one size fits all. He said the Windbreak felt that during non-busy times they could handle identifying the way they had been doing it and Liquor Control was willing to allow them to try that and see if it helped.
Commissioner Strand said he would prefer the Windbreak use an ID scanner all the time after all the documented incidents with minors. He said any business with that track record needs to use ID scanning technology all the time.
Commissioner Strand moved to amend the motion to require the Windbreak Saloon to use ID scanners at all times.

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

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

City Attorney Directed to Amend the Findings of Fact and Conclusions for a Dangerous Building at 509 21st Street North to Allow an Extension of Time until August 25, 2023:
The Board received a request from Inspections Director Shawn Ouradnik regarding a dangerous building at 509 21st Street North. He said a Hearing was held on October 31, 2022 declaring it a dangerous building, and a deadline for removal was set for December 30, 2022. He said at the December 12, 2022 meeting the Board approved an Amendment to extend the deadline to June 1, 2023 to allow Wilmington Savings Fund Society to secure ownership and necessary permits. The mortgage holder made significant progress on the property, he stated; however, was not able to make all the needed repairs. The property was sold at auction on May 10th, he said, and the new owner would like a 90-day extension to complete the work.
Commissioner Kolpack moved the City Attorney be directed to amend the Findings of Fact and Conclusions for a dangerous building at 509 21st Street North in order to obtain all the necessary permits and correct all the deficiencies previously noted by August 25, 2023.

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

Liaison Commissioner Assignment Updates:
Commissioners gave reports on the Boards and Committees on which they serve.

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, June 12, 2023

Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:48 o’clock p.m.