Fargo City Commission - July 22, 2024
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, July 22, 2024.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.
Absent: None.
Mayor Mahoney presiding.
The Mayor read a message with the following information: Navy Week events at the Library include programs on July 24th and July 25th that will feature personnel from the Navy History and Heritage Command who will talk about the deep ties between North Dakota, the importance of atmospheric and oceanographic science and the overall value of STEM education to the Navy; a concert featuring the Navy Band Great Lakes Brass Quintet; a Sailors Read to Kids Storytime; and a cupcake decorating contest for teens will be August 1st at the Carlson Library.
Order of Agenda Approved:
Commissioner Kolpack moved the Order of the Agenda be approved, withdrawing Item No. “20d” and moving Item Nos. “22,” “23” and “24” from the Consent Agenda to the Regular Agenda.
Second by Turnberg. All the Commissioners voted aye and the motion was declared carried.
Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on July 8, 2024 and the Minutes of the Special Meeting of the Board held on July 15, 2024 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. Findings of Fact, Conclusions and Order of the Board of City Commissioners of the City of Fargo, and Notice of Entry of Order for property located at 1011 University Drive North.
2. Findings of Fact, Conclusions and Order of the Board of City Commissioners of the City of Fargo for property located at 421 15th Avenue North.
3. 2nd reading, waive the reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Cityside Addition to the City of Fargo, Cass County, North Dakota.
4. Pledged securities of 6/30/24.
5. Site Authorizations for Games of Chance:
a. Fargo Angels Hockey at Radisson Blu.
b. Fargo Youth Hockey Association at Mexican Village.
c. Metro Sports Foundation at Xcalibur.
6. Applications for Games of Chance:
a. Knights of Columbus 4th Degree Assembly 788 for a raffle 1/1/25-1/31/25.
b. Vietnam Veterans of America Chapter #941 for a calendar raffle 9/2/24-9/30/24.
c. YMCA of the Northern Sky for a raffle and raffle board on 8/6/24.
7. Change Order No. 3 in the amount of $43,767.00 and 3-calendar day time extension to the substantial completion date for Project No. NR-23-A2.
8. Negative Final Balancing Change Order No. 3 in the amount of -$45,830.87 for Improvement District No. BN-22-L1.
9. Negative Final Balancing Change Order No. 5 in the amount of -$53,038.91 for Improvement District No. BR-23-F1.
10. Final Balancing Change Order No. 2 in the amount of $37,578.66 for Improvement District No. BN-22-G1.
11. Change Order No. 1 in the amount of $85,460.30 and 6-calendar day time extension to the substantial and final completion dates for Improvement District No. BN-23-J1.
12. Change Order No. 2 in the amount of $15,025.00 and 14-calendar day time extension to Phases 2 and 2A for Improvement District No. BR-24-B1.
13. Private Utility Relocation with Dakota Carrier Network in the amount of $4,500.00 for Improvement District No. PR-24-A1.
14. Memorandum of Offer to Landowner for Permanent Easements (Street and Utility) and (Utility) with Grand 52, LLC (Improvement District No. PR-24-A1).
15. Sign Relocation for Improvement District No. PR-24-A1.
16. Bid award to Northern Improvement Company in the amount of $3,768,706.31 for Improvement District No. BN-24-C1.
17. Termination of Encroachment Agreement with Park District of the City of Fargo for the Island Park Pool Bleachers.
18. Speed limit reductions along 32nd Avenue South and University Drive South.
19. Prequalification of eight vendors, as presented, for HVAC and Plumbing Services (RFP24229).
20. Items from the FAHR Staff meeting:
a. Receive and file General Fund – Budget to Actual through 6/30/24.
b. Receive and file General Fund - 2024 Year End Projections as of 6/30/24.
c. 2024 State Aid Award and subsequent budget adjustment for the Library.
d. Application for Bureau of Justice Assistance for FY24 for the Smart Re-entry Housing Demonstration Program by Fargo Cass Public Health (withdrawn).
21. Mutual Aid Agreement - Memorandum of Understanding with the City of West Fargo, ND Fire Department.
22. Change Order No. 2 in the amount of $23,075.00 for Fire Station No. 8 (electrical construction contract) (moved to the Regular Agenda).
23. Change Order No. 11 in the amount of $1,736.00 for Fire Station No. 8 (general construction contract) (moved to the Regular Agenda).
24. Change Order No. 12 in the amount of $11,602.95 for Fire Station No. 8 (general construction contract) (moved to the Regular Agenda).
25. Bid award for On-call Transportation Services with Doyle’s Yellow Checker Cab, Inc. (RFP24232).
26. Notice of Grant Award with the ND Department of Health and Human Services for utilizing school-located clinics to boost childhood immunization rates (CFDA# 93.268).
27. Direct the City Attorney’s Office to review and update Chapter 23 of the Fargo Municipal Code relating to the Electrical Code.
28. Community Development Block Grant (CDBG) and HOME Program Proposed Amendment to the 2023 HUD Action Plan.
29. Resolution approving Plat of Edgewood Estates Third Addition (Attachment “A”).
30. Resolution approving Plat of Agassiz First Addition (Attachment “B”).
31. Master Project Agreement with Core & Main LP and Sensus USA Inc. for Project No. WA2402
32. Bills in the amount of $11,974,269.92.
Second by Turnberg. On call of the roll Commissioners Kolpack, Turnberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Request for an Extension to Complete Repairs on the Dangerous Building Located at 1710 1st Avenue South Approved:
Inspections Director Shawn Ouradnik said this property was declared a dangerous building on October 30, 2023 and the property owner has been granted extensions that extended the original demolition deadline of December 29, 2023 to June 28, 2024; however, the owner has failed to provide the needed information and he does not feel the owner will complete the project if an extension is granted. He said the 1,636-square-foot, two-story wood frame structure with detached garage was built in 1898 and was a three-unit apartment with the owner now returning it to a single-family home. The property has failed all rental inspections since 2017, he stated, and all inspection attempts have been ignored with no response to letters. He said the structure had two legal units and one bootlegged unit in the basement and the owner was cited for poor workmanship and non-code compliance in 2009. The Inspections Department has received building maintenance complaints since 2008, he said. In December 2023, Precision Concrete Cutters installed a system to reinforce the foundation at a cost of $16,000.00 to the owner, who has been working with a local engineer to assess and make recommendations to the repair the rest of the structure. He said he has not received an engineering report, which was stipulated in the last extension, which also stipulated the work was to be completed by June 28th, which it was not. The owner contacted the Inspections Department after the previous extension expired, he said, and asked for more time and he feels the owner has not acted in good faith with regards to this property, has failed to provide the needed information and neglected the time extended to him to repair the structure. He stated the problems this property exhibits shows the excessive inattention of the owner and he does not feel the owner will complete the project if the extension is granted.
Jamie Swenson, owner of the property located at 1710 1st Avenue South, said he takes the issue seriously. He said the building has not been a rental for more than a year and when the Inspections Department came to look at it, the words he received were “possible dangerous structure.” He said he hired Precision Concrete Cutters to fix a 1.75-inch deflection. During November and December 2023, and January and February 2024, he put in 220 hours at the house, he said, and he farms full time; therefore, in April, May and June 2024, he did not put in any work. He said he came back in early July to work on the house and at that time noticed he missed the deadline and instantly wrote a letter requesting an extension. He said he wants to remind the City Commission about the Beebe House, which has had many extensions and is still in disrepair. He said he thought the structure was secure after hiring Precision to fix the foundation; however, an engineer’s report was not filed. He has since hired an engineer who said the building is structurally sound, he said. This is a neighborhood that is historically stamped, he said, this is a very nice, large home and with a 90-day extension, the work will be completed.
In response to a question from Commissioner Strand asking about the reinforcing in the basement, Mr. Swenson said Precision told him they have done thousands of foundations, they are well respected in the area and it is now perfectly plum; however, he did not realize he needed an engineer’s letter. He said he did hire an engineer who says the house is not a structural danger.
In response to a question from Commissioner Strand asking what is the intention with the building, Mr. Swenson said he is converting it back to a single-family home.
Mr. Ouradnik said he has not seen the engineer’s report and the basement was starting to fail and that was the reason for the dangerous building designation. He said he felt at that time when the owner was talking to and working with Inspections and had put money into the building, an extension was warranted. He said he did not feel it was going to be in this condition now and coming back before the City Commission. He does understand the owner is a full-time farmer, he said; however, if the owner is not able to complete the work, a contractor needs to be hired. With the inattention in the past, he said, he does not feel it is going to be completed in 90 days.
Commissioner Piepkorn said if the house can be saved by giving the owner one more extension, that is important. He said this is not like some of the pictures seen in the past with bad foundations and the house in very bad condition. This house looks salvageable, he said, and he would be in favor of giving an extension due to the fact that the City does not want to lose houses.
Commissioner Strand said if the property is renovated it could be worth at least a couple hundred thousand dollars. He said one of the most sustainable things that can be done is to not demolish properties. If the owner can commit to the City Commission that this will be taken care of and can commit it will get done and give it his full focus, he said, this house could be a shining example on that block. He said the City Commission also stands with the Inspections Department and supports their work to bring attention to blighted properties.
In response to a question from Commissioner Kolpack asking about the deflection in the foundation, Mr. Ouradnik said any kind of deflection in a basement speaks to the structural stability of the property. He said in the past he has seen where there is a small deflection and it can be propped up; however, he has also seen those deflections get worse over time even with bracing to an extent where the building is no longer salvageable. He said an engineering report would suffice to say that has been addressed.
In response to a question from Commissioner Turnberg asking if there have been any neighborhood complaints about the state of the yard or is there any sort of junk that would make neighbors unhappy, Mr. Ouradnik said there is no junk.
Commissioner Piepkorn moved the 90-day extension request for the property located at 1710 1st Avenue South be approved.
Second by Strand. On call of the roll Commissioners Piepkorn, Strand, Kolpack, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Hearing to Consider a Renewal Plan and Developer Agreement with JS2L Partners, LLP for Tax Increment Financing District No. 2024-01 Continued to August 8, 2024 (600 Block of 4th Street North):
A Hearing had been set for June 10, 2024 on a Renewal Plan and Developer Agreement with JS2L Partners, LLP for Tax Increment Financing District No. 2024-01.
At the June 10, 2024 meeting the Hearing was continued to June 24, 2024.
At the June 24, 2024 meeting the Hearing was continued July 8, 2024.
At the July 8, 2024, the Hearing was continued to this date and hour; however, staff is requesting the Hearing be continued to August 5, 2024.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on Monday, August 5, 2024.
Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Strand, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application for an Ownership Change for a Class “Z” Alcoholic Beverage License for Vault Partners LLP d/b/a Fort Noks Continued to September 3, 2024:
A Hearing had been set for this day and hour on the application for an ownership change filed by Vault Partners LLP d/b/a Fort Noks for a Class “Z” Alcoholic Beverage License at 52 Broadway North; however, staff is requesting the Hearing be continued to September 3, 2024.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on September 3, 2024.
Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Strand, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application for a Class “CW” Alcoholic Beverage License for PKPham Inc. d/b/a The Nail Company Approved:
A Hearing had been set for May 28, 2024 on the application filed by PKPham Inc. d/b/a The Nail Company for a Class “CW” Alcoholic Beverage License at 2911 45th Street South.
At the May 28, 2024 Regular Meeting, the Hearing was continued July 22, 2024.
At the July 22, 2024 Regular Meeting, the Hearing was continued this day and hour.
City Auditor Steve Sprague said this is for a beer and wine license. He said it does not require food sale; however, it does allow for a physical bar. He said the way this will be set-up is there will be an area in the front of the building where minors are allowed and a separate area in the back of the building where alcohol will be served.
Commissioner Piepkorn moved the application be approved.
Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Strand, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application Filed by Martini Blu at the Grotto LLC d/b/a Martini Blu at the Grotto for an Alcoholic Beverage License Approved:
A Hearing had been set for June 24, 2024 on the application filed by Martini Blu at the Grotto LLC d/b/a Martini Blu at the Grotto for a Class "F" Alcoholic Beverage License at 3233 45th Street South, notice of which had been duly published in the official newspaper for the City of Fargo.
At the June 24, 2024 meeting the Hearing was continued to this day and hour.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said this business has been operating under the Tavern’s license and has now decided to move forward with the Class “F” license, which requires food sales. He said The Grotto does have a kitchen and it will be used primarily for special events such as bridal showers.
Commissioner Piepkorn moved the application be approved.
Second by Turnberg. On call of the roll Commissioners Piepkorn, Turnberg, Kolpack, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application Filed by Dami & 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 & Company, LLC d/b/a SOHO23 for a Class "F" 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.
City Auditor Steve Sprague said the owner, after operating with just the beer and wine license, wanted to bring in a Korean spirit and therefore needed to upgrade to an “F” license.
Commissioner Piepkorn moved the application be approved.
Second by Turnberg. On call of the roll Commissioners Piepkorn, Turnberg, Kolpack, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application Filed by Guadalajara Mexican Restaurant, LLC d/b/a Guadalajara for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Guadalajara Mexican Restaurant, LLC d/b/a Guadalajara for a Class "F" 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.
City Auditor Steve Sprague said this is a new business opening in the old Cajun Café off of South University Drive. He said this is a full alcohol license that requires food sales exceed alcohol sales. The owner is moving to Fargo from the West Coast, he said, and has family in the restaurant business in Fargo.
Commissioner Piepkorn moved the application be approved.
Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Strand, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application to Transfer the Alcoholic Beverage License for Demeske Enterprises d/b/a Tailgators Sports Café Approved:
A Hearing had been set for this day and hour on an application to transfer the Class “AB” Alcoholic Beverage License for Demeske Enterprises d/b/a Tailgators Sports Café at 1322 Main Avenue, notice of which has been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said this application transfers 100 percent of the ownership to the remaining partner due to the death of the other owner.
Commissioner Piepkorn moved the application be approved.
Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Strand, Turnberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application to Transfer the Alcoholic Beverage License from Dos Mangos, Inc. d/b/a Mangos to Mangos Inc. d/b/a Mangos Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "F" Alcoholic Beverage License from Dos Mangos, Inc. d/b/a Mangos to Mangos Inc., d/b/a Mangos at 2901 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.
City Auditor Steve Sprague said there were concerns in the background check of one of the applicants; however, that applicant was removed from the license.
In response to a question from Commissioner Piepkorn asking about the recent fire at the restaurant and what happens with the license while the business is making repairs, City Auditor Steve Sprague said there is language in the Ordinance about what happens after a certain amount of time if the business is closed; however, he has not yet spoken to the owners to find out a timeline for the repairs and a possible reopening date.
Commissioner Piepkorn moved the application be approved.
Second by Turnberg. On call of the roll Commissioners Piepkorn, Turnberg, Kolpack, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Hearing on the Consolidated Annual Performance and Evaluation Report (CAPER) for the 2023 HUD Action Plan for Community Development Block Grant (CDBG) and HOME Programs:
A Hearing had been set for this day and hour on the Consolidated Annual Performance and Evaluation Report (CAPER) for the 2023 HUD Action Plan for Community Development Block Grant (CDBG) and HOME Programs.
Planning Director Nicole Crutchfield said there is a 15-day public comment period, which runs from July 11-25, 2024, and to-date two public comments have been received, which will be added to the permanent record. She said no action from the City Commission is required at this time and the report will now be submitted to HUD for final review and approval, as per Federal grant management requirements. She shared some information on how the funds have been utilized in Fargo over the past few years, including demolitions to address and eliminate blighted conditions in several core neighborhoods, operational support to maintain a Neighborhood Response Team and land acquisition for future construction of an affordable, multi-family rental housing complex. HOME funded projects include the addition of affordable, single-family housing through new construction, operational support for housing services for the homeless, assistance with eviction prevention efforts and funding for staffing of a mobile medical unit. In 2023, she said, more than $691,000.00 was budgeted for CDBG projects and more than $714,880.00 was budgeted for HOME programs.
Mayor Mahoney closed the Public Hearing.
Presentation on the History of Tax Increment Financing (TIF):
City Assessor Michael Splonskowski said the Tax Increment Financing (TIF) law was enacted in 1973; however, records show the City did not utilize the program until 1982. He said in the last 41 years the City has implemented 32 projects and the oldest active TIF is currently in its 22nd year. He said for all projects the total base value at the start of the project was $152 million and the value at expiration is $1.2 billion, which is a total value increase of 700% or about 17% per year. When it comes to taxes generated, he said, the estimated tax base started at $2.2 million and is currently estimated at $11.4 million, an increase of 408% or about 10% per year. The total base value of expired TIFs started at $11 million and grew to $489 million, he said, which is an increase of about 4,300% or 116% per year over 37 years. The estimated base taxes went from $160,000.00 to $6.4 million, he said, which is an increase of about 3,900% or 106% per year. He said most of those projects lasted less than 20 years with an average project length of about 13 years. There was one project that went longer than 30 years, he said, which was allowed at that time by law, and two TIFs went over 21 years. He said five of the projects were paid off or expired in less than 10 years and half of the projects expired between 10 and 20 years with a third expiring in less than 10 years and one going more than 20 years. He said of the current active projects, some are still very new and the full potential growth has not been seen, yet the current total base was $139 million and has a current value of $693 million, which is about a 400% increase. Over 21 years or about 18% per year of the estimated tax base was $2 million and is currently $4.9 million, which is a 137% increase or about 6% per year. Some examples of growth with the TIF laws, he said, include the 2001 Matrix Project, with an increase of more than 5,000% and the 2005 Fayland Project, with an increase of over 4,000%. He said overall, the smallest yearly value increase across all the projects is 7.16%.
Commissioner Piepkorn said this is great information and it is nice to be able to look back at the success of these projects. He said there are a lot of requests for potential TIFs and this program is a bit of a political football; therefore, it is good to have some facts. He said TIFs are a powerful tool; however, the City has to be careful how it is used and has been disciplined about how long TIFs run. He said the most important message here is all of this growth reduces everyone's property taxes.
In response to a question from Commissioner Strand asking if TIFS are usually used for blighted property where there are contaminants that need to be addressed and then someone builds on the land and improves it, Mr. Splonskowski said the general gist of a TIF is to take a blighted area and clean it up. He said a TIF pays for the infrastructure to make the projects on top of the ground possible and then as new improvements are added, such as large manufacturing and other buildings in commercial areas, many times that is where a lot of the value increases come from as well as appreciation in the market.
Presentation and Discussion on Draft Ordinance Aimed at Abating the Issue of Nuisance Vehicles:
Assistant City Attorney Ian McLean said at the June 10, 2024 City Commission meeting, he and Police Chief David Zibolski provided a presentation regarding issues with racing, speeding and unreasonably noisy vehicles. At that meeting, he said, the Commission asked for a detailed summary of the potential Legislative changes that could be utilized when meeting with Legislators prior to and during the 2025 Legislative session. He said the solution lies in raising fines Statewide due to the fact that the fine currently for racing in North Dakota is $100.00 and the fine for exhibition noise from vehicles is $50.00. He said some of the things State Legislators could do to encourage drivers not to break the law include increasing the fines, creating a scale-up fine system so repeat offenders face higher costs, authorize cities to double the State fines within their jurisdictions and empowering cities to set their own fine amounts for racing and excessive noise. He said it was also requested that a potential Ordinance be presented for changes regarding declaring vehicles utilizing illegal vehicle parts to make unreasonable noise to be determined to be nuisances. He said Fargo could draft an Ordinance that would give drivers with modified exhaust systems one chance to bring their vehicle back into legal compliance before taking the car away. He said then the City could take the driver to court and, if successful, fix the exhaust system so it no longer makes excessive noise and then send the owner the bill.
Chief Zibolski said real change would have to come from the State Legislature and his department is doing everything it can to crack down on the disturbing driving; however, they are handcuffed by a lack of penalty options to discourage drivers from continuing the behavior.
Mayor Mahoney said Fargo does not have the authority to increase fines for these things.
Commissioner Strand said the State options are just kicking the can down the road and people are going to hear this and say the Legislature is not going to do anything. He said he has received messages from residents who are fed up with the street racing and excessively noisy vehicles. The State Legislature did not offer any solutions to this issue last session, he said, and questioned if they would this time either. He said he feels this is not going to get any results and suggested the Commission lower the speed limit throughout the City until street racers and drivers with modified exhaust systems are brought under control.
Commissioner Kolpack said this will be one of Fargo's Legislative priorities this year and the City will speak with State representatives to try and get some traction on this issue.
Appointments to the Arts and Culture Commission Approved:
The Board received a communication from Mayor Mahoney recommending appointments to the Arts and Culture Commission, including that Tori Benders be appointed for a term ending June 1, 2026, Joshua Zeis be appointed for a three-year term ending June 1, 2027 and Jon Offutt and Anna Johnson be reappointed for three-year terms ending June 1, 2027.
Commissioner Turnberg moved that Tori Benders be appointed to the Arts and Culture Commission for a term ending June 1, 2026, Joshua Zeis be appointed for a three-year term ending June 1, 2027 and Jon Offutt and Anna Johnson be reappointed for three-year terms ending June 1, 2027.
Second by Strand. On call of the roll Commissioners Turnberg, Strand, Kolpack, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Nicole Holden Appointed to the Historic Preservation Commission:
The Board received a communication from Mayor Mahoney recommending Nicole Holden be appointed to the Historic Preservation Commission to replace Paul Gleye, who resigned. His term would have expired October 31, 2026.
Commissioner Turnberg moved Nicole Holden be appointed for the unexpired term of Paul Gleye on the Historic Preservation Commissioner for a term ending October 31, 2026.
Second by Strand. On call of the roll Commissioners Turnberg, Strand, 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 that Whitney Fear, Suzanne Senske and Lisa Ducheneaux be reappointed to the Native American Commission for three-year terms ending June 30, 2027.
Commissioner Turnberg moved Whitney Fear, Suzanne Senske and Lisa Ducheneaux be reappointed to the Native American Commission for three-year terms ending June 30, 2027.
Second by Strand. On call of the roll Commissioners Turnberg, Strand, Kolpack, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Appointments to the Board of Adjustment:
The Board received a communication from Mayor Mahoney stating that the terms of Deborah Wendel Daub and Michael Love expired on June 30, 2024 and he is recommending their reappointment. He also said there is an opening for an alternate member and he is recommending John Gunkelman be appointed as an alternate member for a term ending June 30, 2027.
Commissioner Turnberg moved that Deborah Wendel Daub and Michael Love be reappointed to the Board of Adjustment for three-year terms ending June 30, 2027 and that John Gunkelman be appointed as an alternate member to the Board of Adjustment for a three-year term ending June 30, 2027.
Second by Strand. On call of the roll Commissioners Turnberg, Strand, Kolpack, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Appointments to the Renaissance Zone Authority:
The Board received a communication from Mayor Mahoney recommending that Brian Larson be appointed and Reid Middaugh be reappointed to the Renaissance Zone Authority for three-year terms ending January 1, 2027.
Commissioner Turnberg moved that Brian Larson be appointed and Reid Middaugh be reappointed to the Renaissance Zone Authority for three-year terms ending January 1, 2027.
Second by Strand. On call of the roll Commissioners Turnberg, Strand, 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:
a. George and Lavonne Remme, 2317 11th Street South (5 years).
b. Wayne Lorshbough, 2416 33rd Street South (5 years).
c. David Peckskamp, 733 2nd Street North (5 years).
d. Greg and Joyce Olson, 2201 26 1/2 Avenue South (5 years).
e. Haven Homes, LLC, 403 8th Avenue South (5 years).
f. Teresa Nightengale, 2 North Terrace North, Unit 1 (5 years).
g. Britt Heidinger and Benjamin Melby, 1133 Broadway North (5 years).
h. Michael and Tamara Nienas, 1028 4th Street North (5 years).
i. Michael and Shawn Hagstrom, 1346 4th Street North (5 years).
j. Ariel Holbrook, 3115 22nd Street South (5 years).
k. Tamara and Glen Krogman, 1318 3rd Street North (5 years).
l. Mark Morrison, 1137 3rd Street North (5 years).
Commissioner Kolpack moved that the applications be approved.
Second by Turnberg. On call of the roll Commissioners Kolpack, Turnberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Fire Station No. 8 Change Orders Approved (Moved from the Consent Agenda):
Commissioner Kolpack said a resident has requested more information about some recent change orders for Fire Station No. 8.
Fire Chief Steve Dirksen said the change orders have followed City policy, which is if it is more than 10% or more than $25,000.00, it needs to come to the City Commission. He said when a project is bid for things such as heating and cooling, for example, specific brands are not included in the bid as that would limit bidders; therefore, the successful bidder uses whatever product it deals with. With the first change order, he stated, some conduit and wiring had to be moved for some air conditioning units due to manufacturer's guidelines. He said with the alerting system, which is the tones that go off in the station, the plan was for the Fire Department to provide the alerting system; however, that changed due to the company going out of business and another company had to be used in order to keep the project moving in a timely manner. He said that vendor then asked if the electrical contractor could supply the conduit and the wiring to get lights and speakers run through the station. There were also some changes to the workout area for electrical and other types of jacks and lights needed to be moved and changed when the contractor had concerns about where the lights were going to interact with some pipes, he said. There were some additional charges for conduit and wiring for the SCBA fill station that was not part of the contract, he said, and there was some additional framing on the awnings needed per instructions from the roofing contractor. In addition, some steel alongside the door openings was needed, he said, to better protect the tilt-up doors already in place. During one the of the inspections, he said, it was realized that some additional fireproof Sheetrock and soffit framing was needed in the vestibule. He said one of the questions from the constituent was if there would be any repercussions or concessions for the architect, engineer or consultant for not including some of the items in the change orders. He said as the building was going up, there were some changes the architect and engineer are paying for, including an issue in an ADA bathroom where a tile floor had to be installed, which is being paid for by the architect. These three change orders are about $36,000.00, he said, and other past change orders have resulted in about $37,000.00 in savings; therefore, the project is actually under budget so far. Furniture, fixtures and equipment are are also tracking to be under budget, he said.
Commissioner Kolpack moved Change Order No. 2 in the amount of $23,075.00 (electrical construction contract), Change Order No. 11 in the amount of $1,736.00 (general construction contract) and Change Order No. 12 in the amount of $11,602.95 (general construction contract) for Fire Station No. 8 be approved.
Second by Strand. On call of the roll Commissioners Kolpack, Strand, Piepkorn, Turnberg 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.
Resident Comments:
Andrew Nelson, Isabetta Herrera (via conference call) and Olivia Fischer (via conference call) spoke.
The time at adjournment was 6:11 o’clock p.m.