Board of City Commissioners - October 2, 2023

The scheduled Executive Session was cancelled.

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 5:00 o'clock p.m., Monday, October 2, 2023.
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: Fargo’s Forestry Department and the Park District received the 2023 Youth Tree Planters award from the ND Forest Service at its Trees Bowl and Awards Ceremony; October is Breast Cancer Awareness Month; the Library is hosting a solar eclipse learning event October 7th at the Main Library; and a number of events are planned on October 9th for Indigenous Peoples Day.

Order of Agenda Approved:
Mayor Mahoney said there is a correction to Item No. “28” on the Consent Agenda, it should read 924 7th Street North, not South.
Commissioner Strand moved the Order of the Agenda be approved, withdrawing Item No. “29” on the Consent Agenda and Item No. “56” on the Regular Agenda.
Second by Piepkorn. 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 September 18, 2023 be approved as read.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.

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

1. Letter of Support for The Wave Water Park project to the ND Opportunity Fund.
2. 2nd reading and final adoption of an Ordinance Amending Section 8-1321 of Article 8-13 of Chapter 8 of the Fargo Municipal Code Relating to Use of Safety Belts Required in Certain Motor Vehicles.
3. Waive 2nd reading of an Ordinance Enacting Article 3-24 of Chapter 3 of the Fargo Municipal Code Relating to a Lodging Tax for Fargodome Including Conference Center; and to place the Ordinance on the agenda for the Regular Meeting of the City Commission on December 26, 2023, for possible final passage and enactment.
4. Waive 2nd reading of an Ordinance Enacting Article 3-25 of Chapter 3 of the Fargo Municipal Code Relating to a Sales Tax for Fargodome Including Conference Center; and to place the Ordinance on the agenda for the Regular Meeting of the City Commission on December 26, 2023, for possible final passage and enactment.
5. Applications for Games of Chance:
a. Delta Delta Delta for a raffle on 10/13/23.
b. Eagles Elementary PTA for bingo on 10/27/23 and 2/12/24.
c. St. John Paul II Catholic Schools for a calendar raffle from 10/13/23 through 10/24/23.
d. Eventide for a raffle and raffle board on 10/13/23.
e. River Keepers for a raffle on 10/19/23.
f. Red River Children’s Advocacy Center for a raffle and raffle board on 10/27/23.
g. Homeward Animal Shelter for a raffle on 10/27/23.
6. Direct the City Attorney to Amend Fargo Municipal Code 25-1508 (F) adding three additional alcoholic beverage licenses to the Class “C” and Class “W” Classifications.
7. Extension of a Class “FA” Alcoholic Beverage License for Prairie Pasta, Inc. d/b/a Johnny Carino’s until 3/31/24.
8. 2024 City Commission meeting dates.
9. Contract and bond for Project No. BP-23-0.
10. ND Department of Transportation Cost Participation, Construction and Maintenance Agreement for LPA Federal Aid Project (Project No. QR-24-A1).
11. Consent to Construction Agreement with 9th & Main, LLC at 1387 55th Street North.
12. Change Order No. 1 in the amount of $65,450.00 and associated 35-day time extension to the substantial and final completion dates of 10/27/23 and 11/13/23 for Project No. SR-23-A1.
13. Final Balancing Change Order No. 6 in the amount of $0.00 for Project No. MP-20-A2.
14. Negative Final Balancing Change Order No. 1 in the amount of -$4,706.72 for Project No. PR-23-A1.
15. Contract Amendment No. 2 with Apex Engineering in the amount of $94,559.00 for Improvement District No. BR-23-G0.
16. Create Improvement District No. BR-24-A (Paving and Utility Rehab/Reconstruction).
17. Memorandum of Offer to Landowner for an Easement (Temporary Construction Easement) with Easter Seals Good Will ND, Inc. (Improvement District No. BR-23-G2).
18. Easement (Temporary Construction Easement) with FM Property Pros II, LLC (Improvement District No. BR-24-A1).
19. Notice of Grant Award from the ND Department of Emergency Services for FY2023 Emergency Management Performance Grant (CFDA #97.042 EMPG).
20. Extension of the Agreement with R.L. Engebretson Architects Fargo LLC for Phase 2 of Architectural Services at the FARGODOME (RFQ18084).
21. Change Order No. 4 in the amount of $5,880.00 for Fire Station No. 8 construction.
22. Direct the City Attorney to review Articles 13-10, 13-14 and 13-18.
23. Notice of Grant Award from the ND Department of Health and Human Services for the Community Grant Program (CFDA #93.991).
24. Notice of Grant Award from the ND Department of Health and Human Services for maternal and child health programs (CFDA #93.994).
25. Notice of Grant Award from the ND Department of Health and Human Services for the Women, Infant and Children program (CFDA #10.557).
26. Master Clinical Affiliation Agreement with the University of North Dakota.
27. Vacate the Findings of Fact, Conclusions and Order for property located at 509 21st Street North.
28. Set October 16, 2023 at 5:15 p.m. as the date and time for a Public Hearing on a dangerous building at 924 7th Street South.
29. Updated art concept for the Skyway Mosaic project (withdrawn).
30. Notice of Grant Award from the ND Department of Emergency Services (NDDES) in the amount of $338,921.00 for the Fargo Police Department-Red River Valley Bomb Squad.
31. Bid award to Nelson Auto Center in the amount of $56,173.00 for the purchase of one Ford F-450 (PBC23377).
32. Piggyback purchase through the Sourcewell Cooperative Contract with Custom Fire Apparatus Inc. in the amount of $628,464.59 for the purchase of a 2024 Fire Pumper Truck (PBC24002).
33. Extension of the 2022/2023 Services Agreement - Snow Groomer Equipment Services with Midwest Snow Services LLC for the 2023/2024 Winter Season (RFP22156).
34. Resolutions Authorizing the Issuance and Sale of $701,000.00 and $10,647,000.00 City of Fargo Solid Waste Revenue Bonds, Series 2023E and Series 2023F.
35. Bid award to Excavating Inc. in the amount of $6,165,624.20 for Cell 21 Waste Excavation and Construction Project No. SW 23-04.
36. ND Department of Transportation Section 5310 Transit Grant Agreement for Capital Assistant Program for elderly persons and persons with disabilities (CFDA #20.513).
37. Services Agreement with the Minnesota Municipal Utilities Association for OSHA/DOT safety training at the Water Treatment Plant (EX24003).
38. Bills in the amount of $16,670,812.67.

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.

Resident Comments:
John Campbell, Executive Director of the Fargo Moorhead Coalition to End Homelessness, and Ginny Stoe, with Churches United, spoke about the Downtown Engagement Center.

Alternative C2 and Options 1 and 3 for the Main Avenue Reconstruction Project from University Drive to 25th Street Approved (Improvement District No. BR-23-A1):
City Engineer Tom Knakmuhs said City staff and the consulting team presented information to the City Commission on September 5th and are now back to seek approval of an alternative and options. He said the recommended alternative and options comes from the Project Review Committee, which consists of members from the City’s Engineering and Planning departments, engineering consulants, NDDOT, FHWA and MetroCOG. The recommendations have been analyzed and evaluated as part of the environmental documentation process, he said, and take into account input from the public. Additionally, he said, the recommended alternative and options have been unanimously approved by PWPEC. Five alternatives and three options were evaluated, he said, and the committee and PWPEC have agreed on proposing the following recommendations:
Alternative C2: 5-Lane to 4-Lane plan with no building impacts.
Option 1: Widen the sidewalk from 23rd to 25th Street.
Option 3: North curb reconstruction at University Drive.
He shared correspondence from Civil Engineer Erick Hodgson with information on the selection of alternatives and options. Alternative C2 consists of a four-lane section from 17th Street to University Drive which includes two eastbound lanes, a two-way left turn lane and one westbound lane, he said. In contrast to Alternative C1 and Alternative C1 + Option 4, he said, building impacts on both sides of the corridor are avoided with Alternative C2 by narrowing the outside travel lane in each direction from 11 feet to 10.5 feet, by varying the width of the sidewalk and boulevard at building faces and by reducing the need for right-of-way width. Only 500 feet of the 8,000 feet of sidewalk would need to be reduced width, he stated. In these reduced areas up against building faces, he said, a minimum 5 foot sidewalk and 2 foot boulevard would still be achieved. He said with Option 1, the sidewalk on the south side of Main Avenue between 23rd Street and 25th Street would widen and would improve the sidewalk crossing skew angle across the railroad spur track. This would improve crossing abilities for bicycles and wheelchairs, he said. Option 3 would relocate the north curb line further south at the northwest corner of the University Drive intersection, he stated, reducing the westbound direction to one lane while still allowing large truck traffic enough turning room to make the southbound University Drive to westbound Main Avenue right turn movement. He said this option makes the lane configuration west of University Drive consistent with pavement markings proposed as part of all build alternatives east of the intersection.

In response to a question from Commissioner Strand asking about pedestrian impacts, Mr. Knakmuhs said the modified design criteria resulted in a reduction from six feet to slightly less than six feet in a couple locations near where buildings would otherwise be impacted. He said he does not feel that is a safety issue.

In response to a question from Commissioner Preston asking about Alternative D scoring competitively, Mr. Knakmuhs said it ranked lower in vehicular traffic and vehicular safety, without the two eastbound lanes there is an increase in rear end collisions and sideswipe collisions near intersections. He said it is a busy intersection for traffic and as far as movements at the intersection and crossing distances, he does not feel another alternative would benefit pedestrian crossing.

Commissioner Piepkorn moved Alternative C2: 5-lane to 4-lane (no building impacts), Option 1: Widened Sidewalks from 23rd to 25th Streets, and Option 3: North curb reconstruction at University Drive be approved as the preferred alternative and options.

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.

Parcels of Land in EOLA Second Addition Rezoned and an Amended Planned Unit Development Master Land Use Plan Approved (4410, 4415, 4448, 4470, 4471 and 4474 24th Avenue South; 4417 and 4477 26th Avenue South):
At Hearings held on July 6, 2023 and September 7, 2023 the Fargo Planning Commission recommended approval of a Planned Unit Development Master Land Use Plan Amendment and change in zoning from GC, General Commercial with a PUD, Planned Unit Development to GC, General Commercial, with an amended PUD, Planned Unit Development overlay.

Urban Development Planner Maegin Elshaug said this is an application for a Minor Subdivision, Zoning Change and Planned Unit Development Master Plan Amendment. She said the Planning Commission recommends approval. EOLA Addition was originally approved in May 2021 for a mixed-use development, she said, and since that time there have been some modifications, including a waterpark, hotel and changes in parking. She said the applicant requests the PUD Master Plan allow either future construction of surface parking or a ramp. The lots are configured a bit differently to account for the waterpark and hotel, she said, and only one call inquiry has been received with no areas of concern.

Commissioner Piepkorn moved Planned Unit Development Master Land Use Plan Amendment and change in zoning from GC, General Commercial with a PUD, Planned Unit Development to GC, General Commercial, with an amended PUD, Planned Unit Development overlay 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.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in EOLA Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Piepkorn moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in EOLA Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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 Resolution was adopted.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in EOLA Second Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Piepkorn moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Certain Parcels of Land Lying in EOLA Second Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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 Resolution was adopted.

Resolution Adopted Approving a Plat of EOLA Second Addition:
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Commissioner Piepkorn offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “EOLA Second Addition” containing 5 Lots, 1 Block, and 12.21 acres of land more or less, located at 4410, 4448, 4470 and 4474 24th Avenue South; 4417 and 4477 26th Avenue South; and
WHEREAS, A Hearing was held July 6, 2023 and September 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 September 20 and 27, 2023 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., October 2, 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 “EOLA Second 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.

Hearing on a Dangerous Building Located at 1809 14th Avenue South: City Attorney's Office Directed to Prepare the Appropriate Findings of Fact and Order:
A Hearing had been set for this day and hour on a dangerous building located at 1809 14th Avenue South.

Inspections Director Shawn Ouradnik said the owner has failed to comply with the order to either obtain a permit to repair or remove the heavily damaged garage at that location within the time allowed for that removal. He said the garage roof has collapsed into the structure and has become a nuisance and meets eight of the ten criteria of a dangerous building. It does not meet all ten because a garage is not considered a habitable space, he said.

Commissioner Piepkorn moved the City Attorney’s Office be directed to prepare and serve the owner with the appropriate Findings of Fact and Order and the Inspections Department be authorized to solicit proposals for the removal of this structure if it is not removed within the time allowed by the Board’s Order of December 1, 2023.

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.

Application Filed by Corvent Medical, Inc. for a Five-Year Property Tax Exemption Approved:
A Hearing had been set for this day and hour on an application filed by Corvent Medical, Inc. for a five-year new industry property tax exemption for a project at 4837 Amber Valley Parkway South where the applicant will manufacture medical ventilators.
No written protests have been filed for the attention of the Board.

The Board determined that no person is present at this Hearing to protest or offer objection thereto.

Director of Strategic Planning and Research Jim Gilmour said the project was previously approved at 400 45th Street South and this is a reapplication for approval of this project at a new location. The company is in the process of applying for rezoning and a Conditional Use Permit at this new location, he said.

Ryan Aasheim, Greater Fargo Moorhead Economic Development Corporation (GFMEDC), said Corvent Medical is at the point in their evolution that they need more space to ramp up manufacturing. They are going from 3,000 square feet of space to more than 14,000, he said, and will scale up their hiring.

Travis Murphy, CFO of Corvent Medical, said the company started 3.5 years ago in response to the need for medical ventilators due to the COVID-19 pandemic. He said in 2021, when vaccines were available, the need for ventilators went down and they felt the need for a home, and when looking for a friendly environment, they were introduced to the State of North Dakota. In January 2022 the decision was made to move their corporate headquarters to Fargo, he said, and to begin development of their next generation product. He said they have pivoted to this new location, which is better suited to their needs and have expanded the number of employees, with a target of having 27 employees by 2027. He said they are making a significant investment including personnel, specialty equipment, air handling and quality control systems.

Commissioner Piepkorn said the City can benefit from reporting done by the GFMEDC as far as monitoring jobs and pay.

Commissioner Strand moved that the application filed by Corvent Medical, Inc. for a five-year property tax exemption pursuant to Chapter 40-57.1, NDCC 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.

Proposed Changes to MATBUS Route 18 Approved:
A Hearing had been set for this day and hour on proposed changes to MATBUS Route 18 to become effective on October 30, 2023.

Assistant Transit Director Cole Swingen said the changes would remove a portion of the loop of Route 18 that currently travels past Sheyenne High School, businesses along 40th Avenue South and through a portion of the Osgood neighborhood. The route will travel its current path west on 40th Avenue South, south on 47th Street South and then east on 44th Avenue South where it will return to its current route. The route currently does not meet on-time performance standards, he said, due to the route being too long to fit in the hour and a half timeframe. The change reduces the route by about two miles and the route time by approximately four minutes, he said.

Commissioner Strand moved the proposed changes to MATBUS Route 18 be approved as presented, effective October 30, 2023.

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.

Special Assessment List for Business Improvement District (BID) Fees Approved:
A Hearing had been set for this day and hour on the special assessment lists for Business Improvement District (BID) fees in the City of Fargo, North Dakota.
No appeals have been filed in writing against any item appearing on such special assessment list and no person is present at this Hearing to appeal or offer any objection thereto.

City Auditor Steve Sprague shared a video of how the Business Improvement District (BID) works to enhance the overall appeal of Downtown by doing snow removal, vandalism repair, removing trash and recycling, including biohazards, cleaning and beatifying as well as motorist assists, panhandling interventions, police and hospitality contacts and safety escorts. He said notices have gone out for the annual assessment of the BID, and this year it is $770,000.00 to provide services. The calculation on the assessment did not change and the 10% increase is similar to property tax increases in the community. He said rather than list all the assessments in the Forum, each notice was mailed directly to property owners and if a Commissioner requests information on a specific parcel he can furnish that information, the packet just includes the Notice of Hearing.

Commissioner Kolpack moved that the Special Assessment List for Business Improvement District (BID) fees be approved.

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

Special Assessment List for Unpaid Utility Bills Approved:
A Hearing had been set for this day and hour on unpaid utility bills in the City of Fargo, North Dakota.
No appeals have been filed in writing against any item appearing on such special assessment list and no person is present at this Hearing to appeal or offer any objection thereto.

Mr. Sprague said the list started with about 350 parcels as of June 30th when notices were sent out. He said about 210 individuals have satisfied the requirement to get their unpaid utilities current. He said 25 of the 140 on the current list are from Cass Rural Water and the City does not provide that water service, thus it cannot cut off the service at those properties. There are homeowners and a few that are sewer or storm sewer, commercial or residential rentals, he said. At four staff, he said, the Meter Services Department is at the same staff level as 20 years ago. An RFP has gone out for a new metering system which, when installed, will give the ability to connect/disconnect water for selected properties from a desktop, he said.

Commissioner Kolpack moved that the special assessment list for unpaid utility bills be approved.

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.

Special Assessment List for 2022 New and Reconstruction of City Ordered Sidewalks Approved (Project No. SR-22-A):
A Hearing had been set for this day and hour on the special assessment list for 2022 new and reconstruction of City ordered sidewalks (Project No. SR-22-A) in the City of Fargo, North Dakota, on which special assessment 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 assessment lists and no person is present at this Hearing to appeal or offer any objection thereto.

Commissioner Piepkorn moved the special assessment list for 2022 new and reconstruction of City ordered sidewalks (Project No. SR-22-A) 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 2022 New and Reconstruction of City Ordered Sidewalks Approved (Project No. SR-22-B):
A Hearing had been set for this day and hour on the special assessment list for 2022 new and reconstruction of City ordered sidewalks (Project No. SR-22-B) 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 assessment lists and no person is present at this Hearing to appeal or offer any objection thereto.

Commissioner Piepkorn moved the special assessment list for 2022 new and reconstruction of City ordered sidewalks (Project No. SR-22-B) 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 Other 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, setting the interest rate at .75% per annum over the net rate on bonds financing said projects:
a. Alley Paving Improvement District No. AN-21-A.
b. Grading, Salvaged Base, P.C.C. Pavement, Storm Sewer, Water Main, Traffic Signal, Lighting and Shared Use Path Improvement District No. BN-20-A.
d. New Paving and Utility Construction Improvement District No. BN-21-B.
e. New Paving and Utility Construction Improvement District No. BN-21-E.
f. New Paving and Utility Construction Improvement District No. BN-21-H.
g. New Paving and Utility Construction Improvement District No. BN-21-L.
h. New Paving and Utility Construction Improvement District No. BN-22-A.
i. New Paving and Utility Construction Improvement District No. BN-22-B.
j. New Paving and Utility Construction Improvement District No. BN-22-J.
k. New Paving and Utility Construction Improvement District No. BN-22-K.
l. New Paving and Utility Construction Improvement District No. BN-22-N.
m. Water Main Replacement, Storm Sewer, Street Reconstruction and Incidentals Improvement District No. BR-21-C.
n. Paving and Utility Rehab/Reconstruction Improvement District No. BR-21-E.
o. Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-F.
p. Drain 53 Improvement Project No. 2019-01; SE Cass WRD Improvement District No. FM-20-C.
q. Southwest Regional Pond Phase 1 Improvement District No. FP-19-A.
r. Storm Sewer Lift Station Rehab/Reconstruction and Incidentals Improvement District No. NR-20-A.
s. Asphalt Wear Course Improvement District No. PN-22-A.
t. New Paving Improvement District No. PN-23-C.
u. Concrete Pavement Rehab Improvement District No. PR-21-F.
v. Concrete Pavement Rehab Improvement District No. PR-22-C.
w. Seal Coat Improvement District No. PR-22-E.
x. Asphalt Mill and Overlay Improvement District No. PR-22-F.
y. Asphalt Paving Reconstruction Improvement District No. PR-22-G.
z. Street Lighting Improvement District No. SL-21-B.
aa. Street Lighting Improvement District No. SL-21-C.
bb. Traffic Signal Improvements Improvement District No. TN-22-A.
cc. New Utility Construction Improvement District No. UN-22-M.
City Auditor Steve Sprague said there are 29 projects and a possible protest.

Commissioner Piepkorn moved that the special assessment list for Items
“a-cc;” excluding “c” be approved.

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

Special Assessment New Bridge, Underground Utilities, Paving, Shared Use Path and Structure and Incidentals Improvement District No. BN-21-A Continued to October 16, 2023:
Timothy Nasheim, 6622 Crofton Lane South, said he would like to address the Board regarding Item No. “c” on the list. He said the bridge is located on 64th Avenue South over I-29 and is in Stanley Township. He said he would recommend the City deny and dissolve Improvement District No. BN-21-A due to the fact the project is outside the municipal boundaries of Fargo. He said according to North Dakota Century Code 40-22-01, cost of improvements may only be defrayed by special assessments for a project within a municipality.

Special Assessments Coordinator Dan Eberhart said the City does not special assess in the ET or in any other municipality. He said a benefit would be quantified for future annexation and then it would be special assessed. He said the bridge is special assessed per the City’s infrastructure policy.

City Engineer Tom Knakmuhs said the City does not special assess properties outside of current City limits; the benefit is quantified when it becomes part of the City. He said the bridge crosses I-29 and connects the City of Fargo right-of-way on the east side of the Interstate to City of Fargo right-of-way on the west side of the Interstate and someday will be annexed into the City. Part of an assessment would include a portion of the bridge crossing over the Interstate that is not part of the City limits, he said. The bridge is assessed at a capped cost per square foot, he said, and a very small portion of the bridge was special assessed to the benefiting area.

Commissioner Strand said Mr. Nasheim has a legitimate question and it may be good to get a legal opinion prior to voting on Item No. “c.”

Commissioner Strand moved that New Bridge, Underground Utilities, Paving, Shared Use Path and Structure and Incidentals Improvement District No. BN-21-A be continued to 5:15 p.m. on October 16, 2023.

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

Mr. Nasheim said he has concerns with the statement made that the list was approved by the Special Assessment Commission on August 29, 2023. He said he did not see that they were approved at that meeting.

Mr. Eberhardt said following the Public Hearing, the Special Assessment Commission signed off on all the benefits to the Improvement Districts. He said there is a letter all the members sign and date to approve the benefit. He said that public record can be sent to Mr. Nasheim.

Hearing on an Application Filed by El Agave Mexican Restaurant, LLC d/b/a El Agave Mexican Restaurant for a Class “FA” Alcoholic Beverage License Continued to October 30, 2023:
A Hearing had been set for this day and hour on the application filed by El Agave Mexican Restaurant, LLC d/b/a El Agave Restaurant for a Class "FA" Alcoholic Beverage License at 2581 45th Street South; however, City Auditor Steve Sprague has asked that this Hearing be continued to October 30, 2023.

Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on Monday, October 30, 2023.

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.

Hearing on Request to Transfer the Class “FA” Alcoholic Beverage License from Prairie Pasta, Inc. d/b/a Johnny Carino’s to Summit Night Club d/b/a Cairo Restaurant and Nightclub Continued to October 30, 2023:
A Hearing had been set for this day and hour on the request to transfer the Class “FA” Alcoholic Beverage License from Prairie Pasta, Inc. d/b/a Johnny Carino’s to Summit Night Club d/b/a Cairo Restaurant and Nightclub at 4554 7th Avenue South; however, City Auditor Steve Sprague has asked that this Hearing be continued to October 30, 2023.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on Monday, October 30, 2023.

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.

Application to Transfer the Alcoholic Beverage License to Chub’s Pub and Package Place, Inc. d/b/a Chub’s Pub and Package Place Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "AB" Alcoholic Beverage License from Chub’s Pub and Package Place, Inc. d/b/a Chub’s Pub Package Place at 421 University Drive due to an ownership change, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.

Commissioner Strand moved the application be approved.

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

Application Filed by Dami and Company, LLC d/b/a SOHO23 for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Dami and Company, LLC d/b/a SOHO23 for a Class "GH" Alcoholic Beverage License at 1450 25th Street 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.

Commissioner Kolpack moved the application be approved.

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.

Application Filed by Uncorked Lounge LLC d/b/a Uncorked Lounge for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Uncorked Lounge LLC d/b/a Uncorked Lounge for a Class "W" Alcoholic Beverage License at 5601 33rd 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.

Commissioner Preston moved the application be approved.

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

Application Filed by The 40Fifty Lounge, LLC d/b/a The 40Fifty Lounge for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by The 40Fifty Lounge, LLC d/b/a The 40Fifty Lounge for a Class "CW" Alcoholic Beverage License at 2551 45th Street South Unit 129, 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.

Commissioner Piepkorn moved the application 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.

Application Filed by The 1889, LLC d/b/a The 1889 for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by The 1889, LLC d/b/a The 1889 for a Class "W" Alcoholic Beverage License at 602 Main Avenue, 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.

Commissioner Kolpack moved the application be approved.

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.

Agreement to Grant Emergency Egress Easement and to Grant Option for Parking Lease with T&K Property Management LLC Withdrawn:
This item was withdrawn.

At 6:06 p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

2024 Preliminary Budget Approved:
Mayor Mahoney said the Preliminary Budget and Taxation Hearing was held on September 18, 2023 to allow public input on the proposed tax levies and receive comments. The Board is required to approve a final budget no later than October 7th, he said. Goals for the budget include retaining current employees, he said, and recruiting for present openings, limit new spending, a focus on existing core services and limit capital spending/overall decrease. The budget development chronology was outlined along with General Fund expenses and revenue source graphs. He said the addition of Fire Station No. 8 is a large expense and fifteen firefighters will be brought on mid-year 2024, and the 2025 budget will have the full cost of the full-time employees. The budget includes new matching grant funds for up to six police officers, he said, and one IT Help Desk Associate and two Public Works equipment operators. The directive in operating expenses is to significantly limit new spending and focus on existing core services, he said, and a decrease in some areas is due to a philosophy change to not report unallocated expenses with other increases largely attributed to inflation.

Finance Director Susan Thompson described minor modifications that were done since the preliminary budget presentation. She said her team reviewed calculations, evaluated additional requests and made some adjustments.

Mayor Mahoney outlined the 2024 General Fund expenses noting that salaries and benefits compose 75.4% of the General Fund budget. The overall increase is 7.1%, he said, pointing out the growth the City has encountered. He said since 2017 the Fire Department has seen a 32% increase in calls, the Police Department has seen an increase of 8% in calls, the Inspections Department construction permits are up 29% and there was an increase of 51 lane miles or 10%. He said the City cannot continue to grow without correspondingly growing the staff providing services. He said the 2024 mill value is $802,300.00, up from the 2023 valuation of $715,390.00. The City proposes to utilize 55 of its mills for the 2024 Budget, he said, and Hector International Airport is utilizing mills. The two-mill increase has an emphasis on community safety, he said, including traditional Public Safety departments along with many City supporting departments that contribute to the shared mission. The two additional mills, or $1.525 million, will fund additional squad cars, equipment, supplies and software for the Police Department, additional equipment and supplies for the Fire Department, he said, and fund Harm Reduction staff who already work across Mobile Outreach, withdrawal management, the Downtown Engagement Center and sheltering. Funding for support departments include Municipal Court, HR and Incarceration, he said. He noted there will be a study to evaluate current processes and ways to leverage metro-wide partnerships to address homelessness. He said the annual impact to an owner of a $275,000.00 home, considering franchise fees, street lights and forestry increases, is approximately $145.00 or about $.40 per day for most residents. He stated that this is the most difficult budget he has ever done in his eighteen years with the City of Fargo. He said the City of Fargo’s current price for government is 4.78% of a Fargo household’s gross income. Additional households and a higher mean income would help equate and diversify the tax base, he said. There are programs for people on fixed budgets, he stated, such as the North Dakota Homestead Tax Credit program and there were changes in the last Legislative session making more people eligible.

Commissioner Piepkorn said raising the franchise fee from 2 percent to 4 percent is a 100% increase and affects low and fixed income households the most. He said he disagrees that the property tax increase averages are about $145.00, he said, and personally he will see an increase of 24%. The Board is raising the cost of housing for Fargo residents, he said, and he has received many emails that show the residents of Fargo are not happy.

Commissioner Preston said staff looked carefully at all aspects of the budget; she feels it is solid and she supports it.

Commissioner Kolpack said the additional cost is not insignificant for the average homeowner; however, this is rightsizing a budget and retaining staff for the long term based on decisions made three years ago, as far as salaries and benefits. Now with a permanent Finance Director in place and City Administration secure with staffing, she said, she would propose next year’s budget process begin as soon as possible, with more community engagement and communication. She said the new Finance software will allow more analytics for forecasting and spending.

Commissioner Strand said this is a challenging financial time for everybody trying to make ends meet. The City is exploding in growth, he said, and it would be remiss to not address the needs of a growing city. He said while it costs more, the cost will be even greater if the services are not delivered. Citizens need a safe community, he said, and he gets as many emails about safety as he does about finances. Offering only a 2% COLA is low, he said.

Commissioner Preston suggested that the City do something extensive to get information out to the public about the programs available.

Commissioner Strand moved the 2024 Adjusted Preliminary Budget be approved as the Final Budget for 2024 and the proposed tax levies be approved as presented.

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.

Tambah Saah Appointed to the Human Rights Commission:
The Board received a communication from Mayor Mahoney recommending that Tambah Saah be appointed to the Human Rights Commission to fill the vacancy created by the resignation of Hamida Dakane.

Commissioner Preston moved Tambah Saah be appointed to the Human Rights Commission to fill the unexpired term of Hamida Dakane for a term ending July 1, 2024.
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.

John Rodenbiker Appointed to the Library Board:
The Board received a communication from Mayor Mahoney recommending that John Rodenbiker be appointed to the Library Board to fill the vacancy created by the resignation of Carrie Peterson.

Commissioner Preston moved John Rodenbiker be appointed to the Library Board to fill the unexpired term of Carrie Peterson for a term ending June 30, 2024.
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.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Roger and Canan Green, 3380 Maplewood Court South (5 years).
b. Adam Halter, 1421 12th Street South (5 years).
c. Cory and Laura Marcuson, 3013 9th Street North (5 years).
d. Brian Dahlin, 1431 4th Avenue South (5 years).
e. Peggy Bokn, 2409 Parkview Drive South (5 years).
f. Brent Merrigan, 715 3rd Street North (5 years).

Commissioner Piepkorn moved the applications 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.

Liaison Commissioner Assignment Updates:
Commissioners gave reports 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 16, 2023.
Second by Strand. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:44 o’clock p.m.