Fargo City Commission - November 13, 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 4:00 o'clock p.m., November 13, 2023.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

Mayor Mahoney announced that the City Commission will retire into Executive Session in the Red River Room to consult with the City’s attorneys to discuss whether or not to participate in the Class Action Settlements involving 3M and DuPont. Further to discuss these matters in open session would have an adverse fiscal effect on the bargaining or litigation position of the public entity. Therefore, an Executive Session for this matter is authorized pursuant to North Dakota Century Code 44-04-19.1 subsections 2 and 9.
Commissioner Kolpack moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC, Section 44-04-19.1 subsections 2 and 9 to discuss said matter.

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

At 4:02 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, Strand, Mahoney.

The Executive Session closed at 4:35 o’clock p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.
All Commissioners present. Mayor Mahoney presiding.

Commissioner Piepkorn moved the City Attorney and City Administration prepare, execute and serve the necessary Request for Exclusion documents advising that the City of Fargo Public water system opts out of the 3M and DuPont proposed class action settlement agreements in the matter of Aqueous Film-Forming Foams Products Liability Litigation MDL No. 2:18-mn-02873.

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.

The Mayor read a message with the following information: November 16th is the Great American Smokeout and Fargo Cass Public Health provides free support and assistance to Cass County residents interested in quitting tobacco; a discussion on ChatGPT and generative artificial intelligence will be November 16th at the Main Library; November is National Model Railroad Month and the Red River Model Railroad Club will be at the Main Library to display and demonstrate model trains on November 18th and 19th; and teens can make holiday ornaments at a workshop November 26th at the Carlson Library.

Order of Agenda Approved:
Commissioner Preston moved the Order of the Agenda be approved, moving Item No. “22” from the Consent Agenda to the Regular Agenda.

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

Minutes Approved:
Commissioner Piepkorn moved that the Minutes of the Regular Meeting of the Board held on October 30, 2023 be approved as read.

Second by Preston. 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 24-0102 of Article 24-01 of Chapter 24 of the Fargo Municipal Code Relating to the Franchise Granted to the St. Paul, Minneapolis and Manitoba Railroad Company and Its Successors.

2. 2nd reading and final adoption of an Ordinance Amending Section 25-1508 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages.

3. 2nd reading and final adoption of an Ordinance Amending Section 13-1011 of Article 13-10 of Chapter 13 of the Fargo Municipal Code Relating to Recreational Aquatic Facilities.

4. 2nd reading and final adoption of an Ordinance Amending Article 13-14 of Chapter 13 of the Fargo Municipal Code Relating to Hotels & Motels.

5. Findings of Fact, Conclusions and Order and Notice of Entry of Order for property located at 1208 University Drive South.

6. Findings of Fact, Conclusions and Order and Notice of Entry of Order for property located at 1710 1st Avenue South.

7. Concur with the findings of staff and the Liquor Control Board and apply the penalty matrix of a $500.00 fine for first failure to the liquor license violations identified at the Old Broadway.

8.Applications for Games of Chance:
a. Fargo North High School for a raffle on 11/18/23.
b. Muskies Inc. F-M Chapter for a raffle on 2/8/24.

9. Contract and bond for Project No. ER-23-A1 (EM23170).

10. Contract and bond for Improvement District No. BR-24-E1.

11. Pipeline Easement and Agreement with Northern States Power Company.

12. Change Order No. 3 in the amount of $18,830.68 for Project No. PR-23-F1.

13. Change Order No. 6 in the amount of $18,986.00 for Project No. FM-19-C1.

14. Contract Amendment No. 5 in the amount of $99,500.00 for Project No. FM-19-C0.

15. Change Order No. 1 for a 14-day Interim Time Extension for Project No. TR-23-A1.

16. Bid award to Dakota Underground Company Inc. in the amount of $3,413,321.83 for Improvement District No. BR-24-A1.

17. Road Construction Agreement with BLOC Partners, LLC for Improvement District No. BR-24-G1.

18. Negative Final Balancing Change Order No. 7 in the amount of -$63,970.71 for Improvement District No. BR-21-C1.

19. Negative Final Balancing Change Order No. 5 in the amount of -$141,877.35 for Improvement District No. BN-22-A1.

20. Pre-qualified firms for Engineering/Architectural Services (RFP24010 and RFP24011).

21. Receive and file General Fund – Budget to Actual unaudited monthly financial statements through 10/31/23.

22. Request for budget adjustments as presented (moved to the Regular Agenda).

23. Software as a Service Agreement with Tyler Technologies, Inc. (RFP23029).

24. Lease with Option to Purchase Agreement No. 40005358 with CapFirst Equipment Finance, Inc. (RFP23131).

25. Resolution in Support of the Adjusted Fargo-Moorhead Urbanized Area Boundary (Attachment “A).

26. Appoint Daniel Phillips and Trent Barkhus as Alternate Municipal Court Judges effective 11/15/23.

27. Bid award to Bosma Enterprises, LLC for snow removal services for the City’s snow removal assistance program (RFP23185).

28. Bid award to Titan Machinery in the amount of $266,505.00 for the purchase of one articulated wheel loader with v-plow (RFP24004).

29. Bid award to Butler Machinery in the amount of $381,660.00 for the purchase of one motor grader and wing (RFP24005).

30. Bid award to Butler Machinery in the amount of $381,660.00 for the purchase of one motor grader and wing (RFP24006).

31. Bills in the amount of $16,658,540.70.

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.

Resident Comments:
There were no resident comments.

Presentation of the Implementation Plan for Downtown InFocus Take Action 2023:
Planning Director Nicole Crutchfield said Interface Studio was hired in 2016 to facilitate a comprehensive planning process for Downtown, which was adopted in 2018. After five years, she said, the City hired Interface Studio again to confirm goals and targeted engagement and an implementation plan has been created following extensive stakeholder outreach and coordination to identify step-by-step plans for implementation.
Scott Page, Interface Studio, said Downtown is bigger than it was five years ago and there are now a different set of challenges and opportunities. He said each of the goals and recommendations from the 2016 plan were evaluated, then separated into categories including “complete,” “in progress” and “needs work.” Each incomplete action was evaluated, he stated, and it was determined the barrier to implementation for these actions was a lack of allocated resources and a lack of clearly-defined champions. He said he and his team approached community partners throughout Downtown to see what items on the list they could help tackle. He said solutions will require dedicated collaboration from multiple stakeholders, including the Planning Department, Fargo Park District and the Fargo Moorhead West Fargo Chamber of Commerce. The revised recommendations have been reorganized into four primary categories, he said: implementation rules, public realm and design needs, inclusive growth, and public financing and economic needs. Some highlights of his presentation included: clarifying roles for managing Downtown and implementation of the Downtown Plan; establishing a dedicated Downtown Coordinator; establishing quarterly coordination between the Downtown Community Partnership (DCP), Downtown Neighborhood Association (DNA) and the City to advance strategic initiatives; monthly coordination for Downtown programing events among DCP, the Business Improvement District (BID), Park District, Folkways, DNA and the Downtown Coordinator; update the City’s Growth Plan, Zoning and Land Development Codes; develop a plan to upgrade Broadway, improve wayfinding and the visitor experience around Downtown; parking; redesigning 2nd Avenue; using the Public Art Master Plan to prioritize public art projects Downtown to reinforce the “design district” concept; committing to the vision for the Downtown Riverfront; improving the City Hall Plaza; exploring the creation of a separate Cass County-Fargo Continuum of Care; developing a 5-year strategy for sustaining the Downtown Engagement Center; building mixed-income multi-family housing Downtown; investing in homes in the core neighborhoods; looking for permanent supportive housing solutions; increasing the City’s contribution to the DCP for programming and Downtown Plan implementation; reviewing incentive policies to better achieve public goals; redefining the RPF process for publicly-owned land; and identifying terms to evaluate RFPs and defining a Capital Improvement Plan (CIP) for Downtown projects. He said the next steps are getting public comments and doing outreach, developing a working group of immediate stakeholders and new staff members and some items already moving forward or requested include $150,000.00 in the 2024 budget for DCP operations and a $75,000.00 site feasibility study for the DEC as well as other funding requests including $300,000.00 for improvements to the Civic Plaza.
Ms. Crutchfield said there is an open comment period on the City’s website regarding the plan and she will be back to the City Commission in two to four weeks to report on the public comments.

Appeal of a Board of Adjustment Decision Regarding a Land Management Permit at 338 9th Avenue South Continued to November 27, 2023:
A Hearing had been set for this day and hour on an appeal of a Board of Adjustment decision regarding a Land Management Permit at 338 9th Avenue South.
City Forester Scott Liudahl said an application was filed on June 27, 2023 seeking a Land Management Permit at 338 9th Avenue South to allow plantings to exceed the maximum 8-inch height of grasses as required in the Fargo Municipal Code. He said Land Management Plan/Permits are intended to promote native and other plants and grasses in landscapes, including pollinator gardens versus traditional Kentucky blue grass as long as there is a Land Management Plan in place. These plantings are encouraged, he stated, and exist in several park areas and private locations, as well as City-approved boulevard gardens. On June 20, 2023, the property owner at 340 9th Avenue South received notice from Environmental Health to mow at 338 9th Avenue South, which is a vacant City-owned lot, he said, which triggered conversations with the Park District since they have similar sites that have similar landscaping. He said the owners of 340 9th Avenue South contracted with Minnesota Native Landscapes on this lot and proceeded with the landscaping project and the City Attorney was consulted due to the fact that a Maintenance and Use Agreement was needed since it is City-owned property. He said that Agreement is awaiting the outcome of this Public Hearing. The original application outlining the types of plants, maintenance and management of the lot was approved on July 17th, he said, and per Ordinance, a 200-foot mailing was completed to provide the neighbors an opportunity to appeal. He said on August 8th a letter of protest was received, which went to the Board of Adjustment to determine if staff erred in issuing the permit. On October 24th the appeal was heard, all information was presented and the decision was unanimous to support the Land Management Plan/Permit. He said on October 25th, an appeal of that decision was received from a resident, which prompted this Hearing.
In response to a question from Commissioner Strand asking about the location of the lot due to the fact that he had driven by and could not find it, Mr. Liudahl said the lot is set back and cannot be seen from the street. He said in order to view the lot, a person has to walk in from the east or from the south off of 10th Avenue South.
In response to a question from Commission Preston asking if the property is owned by the City but maintained by individuals, Mr. Liudahl said it is and those individuals asked for the lot to be put into a native landscape.
Commissioner Kolpack said in the comments there were concerns about noxious weeds and year-end maintenance. She said the lot is dormant now; however, not mowed or burned, which is what is required.
Mr. Liudahl said after three seasons the best option is to burn it; however, since it is surrounded by structures, burning is not an option and in the spring the best option is to mow it.
Commissioner Piepkorn said this type of landscape is a lot like art work, some people appreciate the wild flowers and prairie grass and some do not. He said requiring mowing every so often is a good option due to the fact that burning cannot happen within the City limits.
Commissioner Preston said this type of landscaping is beautiful; however, it takes getting used to. She said indigenous plants are good for the environment and good for the soil and these landscapes should be encouraged.
Commissioner Kolpack said there is Maintenance and Use Agreement being drafted for long term maintenance of the lot and she would like to delay the Commission’s decision until that document can be reviewed.
Mr. Liudahl said the document should be ready in a couple of weeks.
Commissioner Kolpack moved the Hearing be continued to 5:15 o’clock p.m. on Monday, November 27, 2023.

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.

Presentation of the Final Report on the Noise and Vibration Study:
City Administrator Michael Redlinger said on May 30, 2023 the Board authorized staff to proceed with a Noise and Vibration Study with Veneklasen Associates, Inc. The goal was to provide a comprehensive, credible data set from which existing City Ordinances could be modified, he said, and recommendation for new regulations could be made. Veneklasen Associates, Inc. collected data from July 13 to July 29, 2023 Downtown, he said, measuring a combination of long-term locations on rooftops and short-term measurements at ground level.
Stephen Martin, Veneklasen Associates, Inc., provided an in-depth review of the final report, which included measurement surveys, analysis results, measurement locations and Downtown noise contour maps at various heights. He said the City’s noise code has limits for residential, commercial and industrial, and wants to determine the correct noise level for Downtown’s mixed-use; therefore, long term and short term measurements were done during several evenings and short term measurements were done on sound sources including street performers and venues. He said the loudest noise levels recorded were a street performer, District 64 and the venue next door to District 64 and Broadway Square, which did have significant noise levels; but, was operating under a permit. He said the loudest noise level recorded, 71.8 decibels on July 29th, was from a street performer. He said noise complaints received during their measurements included two for loud people or a loud exhaust in the 400 Broadway area and three from street performers. Residential buildings yield a noise reduction of a minimum of 20 decibels, he stated, yielding a 45 decibel average indoors and sleep disturbance occurs in most people at 55 decibels; therefore, a 60 decibel nighttime outside noise level allows an additional cushion. The City needs to update its noise code to define a measurement process and to determine noise violations, he said. Enforcement options could include a Police officer visiting a site who then measures the noise levels when a complaint is received. Another option to consider, he said, are proactive measures such as permanent noise monitors at key locations that provide noise alerts. He said there is also limiter technology that venues can install so outside noise levels do not exceed 65 decibels.
In response to a question from Commissioner Strand asking about the progression of noise decibels, Mr. Martin said typical speaking is about 60 decibels and if two people are talking at 60, it is not 120, it is 66. He said something twice as loud as 60 is 70 and a 3 decibel change is barely noticeable; however, a 5 decibel change is significant and a 10 is a doubling of the sound level.
In response to a question from Commissioner Piepkorn asking if the measurements taken near Cowboy Jacks included noise from the trains, Mr. Martin said it did not due to the fact that train noise was not part of the study.
In response to a question from Commissioner Piepkorn asking if Fargo’s noise Ordinance levels are appropriate, Mr. Martin said 60 and 65 are good numbers. He said the Ordinance in West Hollywood, California, is no more than 55 decibels at night and noise cannot be audible outside. He said for instance, a hotel in West Hollywood has an outdoor venue on the roof and there is a monitor outside the hotel so noise cannot be heard at street level.
Commissioner Preston said she lives near Cowboy Jacks and the noise from that venue is an issue. She said the City’s noise levels are appropriate; however, the issue is enforcement and she asked if there is another option other than using Police as enforcers.
Mr. Redlinger said he was not aware of the use of technology to self-govern the noise Ordinance. He said if the Commission is interested he can look at Ordinance revisions and technology options.
In response to a question from Commissioner Preston asking how to deal with vehicle noise, which is so sporadic, Mr. Martin said it is difficult to enforce and mitigate. He said one option is to get better windows in residential areas. People tolerate noise differently, he stated, and acoustics are very subjective.
In response to a question from Commissioner Strand asking if the City is enforcing the noise Ordinance after 10 p.m. or 11 p.m. on the weekends, Police Captain Chris Helmick said there are two different Ordinances: the street performer Ordinance prohibits noise after 10 p.m. and the noise Ordinance prohibits noise after 11 p.m.
Commissioner Strand said street performers say bars are noisier than they are, and in response Mr. Martin said for example, District 64 could set a limiter outside so noise is limited to 65 decibels. The street performers can be addressed individually, he said.
In response to a question from Commissioner Strand, who said street performers say they feel targeted and if he has ever addressed any First Amendment or free speech aspects of noise Ordinances in other cities, Mr. Martin said he has not.
Mr. Redlinger said legal research would be added to any Ordinance revisions.
Commissioner Strand said fines and enforcement also need to be examined.

Presentation of the Recommended Federal and State Aid Transportation Project Applications for Years 2024-2028:
Transportation Division Engineer Jeremy Gorden said the project list for the NDDOT Flex Fund would include NP Avenue from Broadway to 8th Street; the Transportation Alternatives Program list includes shared used paths along various drains; the Carbon Reduction Program list is for streetlight replacement projects and an adaptive traffic signal project on 45th Street; the Urban Grant Program for Downtown will replace the bricks in the street at three intersections and repair some ADA ramps; the Urban Regional Program list includes projects on 10th Street, University Drive, Main Avenue, 52nd Avenue South and 19th Avenue North with the highest priority being South University Drive from 13th to 18th Avenue where the concrete is more than 40 years old. He said the Surface Transportation Block Program is worth more than $51 million for arterial and collector streets, and those projects will include 1st Avenue North from 10th to Roberts Street, which will be an expensive rebuild, and 17th Avenue South from 25th to 42nd Street. For the Highway Safety Improvement Program, he said, an RCUT will be built at 52nd Avenue and 27th Street South, a pedestrian safety project will correct a sidewalk issue at University Drive and 25th Avenue South and the addition of a southbound auxiliary lane on 45th Street at the I-94 north ramp will help reduce rear-end crashes. Finally, with the Highway/Railway Safety Program, he said, there is a paving project on 57th Street North near the Horse Park.
In response to a question from Commissioner Preston asking when would public input be collected for the South University projects, Mr. Gorden said 2024 and 2025.
In response to a question from Commissioner Strand asking about adaptive traffic signal technology and if law enforcement use any of that technology to deal with speeding and racing, Mr. Gorden said he does not know about law enforcement uses and the traffic use now is only for speed limits for green lights and the efficient movement of vehicles.
In response to a question from Commissioner Strand about the North Broadway Bridge and if there were no bridge at that location, would a bridge be justifiable with only a 3,000 traffic flow per day, Mr. Gorden said it would not.
In response to a question from Commissioner Strand asking what is the criteria for deciding where to build a bridge if it were going to be built from scratch, Mr. Gorden said when the North Broadway Bridge was closed, the City took a hard look at it and asked if that was really the best place for a river crossing. He said a good spot for a river crossing would be 32nd Avenue North; however, bridges are political issues and the City of Moorhead wanted nothing to do with that idea. He said section line roads are the best locations for bridges. The North Broadway Bridge is set to receive $5.4 million in 2026, he stated; however, depending on what the Board decides, existing projects can be shuffled.
Commissioner Kolpack said getting data to make these decisions will be important.
Mr. Gorden said 7,600 postcards were mailed to residents north of Main Avenue and east of University Drive and the postcards have a link to a survey about the North Broadway Bridge. He said he expects to receive a lot of comments from the survey.

Resolution Directing the Issuance of $38,845,000.00 Million Refunding Improvement Bonds, Series 2023D and Prescribing the Terms and Covenants Therefor:
Finance Director Susan Thompson said the City issued bonds today for repayment of the capital project fund for various infrastructure projects completed in 2023. She said the bonds will be repaid with special assessments levied in the fall of 2024.
Brad Elmer, Baker Tilly, said the bond sale results were successful, 13 bids were received and JP Morgan was the winner with a true interest rate of 4.32 percent. He said it was a competitive sale and 100 basis points lower than he would have predicted two months ago. He said as part of the bond issue, Fargo was rated by Moody’s Investment Services at AA2 and they expressed confidence in Ms. Thompson and indicated she was big part of the City keeping its AA2 rating and the City is in good hands with her. He said discussion focused on reserves and fund balances and encouraged the City to keep those built up.
Commissioner Strand moved the Resolutions titled “Resolution Directing the Issuance of $38,845,000.00 Million Refunding Improvement Bonds, Series 2023D and Prescribing the Terms and Covenants Therefor,” and referred to as Attachment “B” and “Resolution Selling, Establishing Terms and Directing Issuance of Definitive Improvement Warrants on the Funds of Certain Improvement Districts, and Providing for and Appropriating Special Assessments for the Support and Maintenance of Said Funds,” and referred to as Attachment “C” be adopted and attached hereto.

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

First Reading of an Ordinance Amending Sections 13-1801, 13-1802, 13-1806 of Article 13-18 of Chapter 13 of the Fargo Municipal Code Relating to Massage Therapy Establishment:
Commissioner Kolpack moved the Ordinance Amending Sections 13-1801, 13-1802, 13-1806 of Article 13-18 of Chapter 13 of the Fargo Municipal Code Relating to Massage Therapy Establishment be placed on first reading.

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

First Reading of an Ordinance Amending Section 1-0305 (A)(1) of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations:
Commissioner Preston moved the Ordinance Amending Section 1-0305 (A)(1) of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations be placed on first reading.

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.

Appointment to the Human Rights Commission:
The Board received a communication from Mayor Mahoney recommending that Aaron Kawreh be appointed to the Human Rights Commission to fill the vacancy created by the resignation of Jacqueline Dotzenrod.
Commissioner Strand moved Aaron Kawreh be appointed to fill the unexpired term of Jacqueline Dotzenrod on the Human Rights Commission for a term ending July 1, 2025.

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.

Appointments to the Native American Commission:
The Board received a communication from Mayor Mahoney recommending Lisa Ducheneaux be appointed to the Native American Commission to fill the vacancy created by the resignation of Sharon White Bear. In addition, the terms of Emily Sargent and Dale Sayers expired on June 30, 2023 and both are willing to continue their service on the Board.
Commissioner Strand moved Lisa Ducheneaux be appointed to fill the unexpired term of Sharon White Bear on the Native American Commission for a term ending June 30, 2024 and Emily Sargent and Dale Sayers be reappointed to the Native American Commission for three-year terms ending June 30, 2026.

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.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Bruce Morgan, 3516 Par Street North (5 years).
b. Michael Joyce T/O/D, 3644 Fairway Road North (5 years).
c. Regan and Amanda Miller, 2201 Victoria Rose Drive South (5 years).
d. Mark and Elizabeth Payne, 4444 Carrie Rose Lane (5 years).
e. GMM Properties LLC, 1637 11th Street North (5 years).
f. Rodney and Jane Capistran T/O/D, 1126 Oak Street North (5 years).
g. John and Joann Lawrence, 732 Ironwood Court South (5 years).
h. Christopher and Bethany Myhre, 3614 21st Street South (5 years).
i. Carolyn Lieb-Jorgensen and Blaine Jorgensen, 213 30th Avenue North (5 years).
j. Ethan Foster, 1401 4th Street North (5 years).
k. Jeffrey and Rebecca Ledoux, 4442 Carrie Rose Lane South (5 years).
l. Terrance Fortier T/O/D, 2610 Evergreen Road North (5 years).
Commissioner Piepkorn moved the applications 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.

Request for Budget Adjustments Approved (Moved from the Consent Agenda):
Finance Director Susan Thompson said this analysis was done as part of the quarterly review. She said she did a deep dive into the revenues and expenses and some of them were adjusted to better align with actuals as she looks at year to date going forward. The Franchise Fees were effective as of November 1st, she stated, and with government revenues, the Municipal Highway Funds budget was optimistically high. She said interest income is higher due to rates being higher; therefore, the City is earning more interest. The budget included the sale of some assets that she knows are not going to happen so those were removed and there was a transfer in the debt service. There are salary savings due to vacant positions, she said, and the way she has to budget is to assume every single full-time position is filled and that is not the case. Projecting through the third quarter there are $4 million in savings and she said she already had $2 million baked into the budget; therefore, there is a negative net $2 million so those numbers offset. She said this is some house cleaning and the next financials will be a better reflection of where the City is going to be.
In response to a question from Commissioner Preston, asking if the budget for 2024 was based on the budgeted amount indicated here before these adjustments, Ms. Thompson said some of them were, some of them trend. She said State aid was budgeted down knowing there was some trending; however, the City did not have an asset sale and she bumped the interest revenue, so where there was some history and trends that will be built into next year. When she does first quarter analysis she will be looking ahead at the actuals, she said, and will try to adjust for that throughout the year.
Mayor Mahoney said the budget team will have a lot more experience for next year and new finance software will also help.
In response to a question from Commissioner Strand asking about CD rates, Ms. Thompson said the City has a good program put in place by the previous Finance Director. She said it is a governmental program working through a regional bank. The City has an overnight sweep that is paying the City what a lot the CDs are offering, she stated, and this program is paying the City very well.
Commissioner Preston moved the budget adjustment requests be approved, as presented.

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.

Liaison Commissioner Assignment Updates:
The 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, November 27, 2023.

Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:35 o’clock p.m.