Fargo City Commission - December 16, 2019

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., December 16, 2019.
The Commissioners present or absent were as shown following:
Present: Gehrig (via conference call), Grindberg, Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: The Forestry Division has started its winter pruning operations; flu shots are still available at Fargo Cass Public Health; the Inspections Department suggests builders consider adding safety features during construction including sewer shutoff valves, back-flow preventers, an emergency backup for sump pumps and a storm shelter or safe room in the event of high winds or a tornado; Library programs in the next couple of weeks include the annual LEGO Mania Design Contest for kids and a Frozen New Year’s Party for kids and families; Chief David Todd and others traveled recently to Bismarck to present a proposal to the North Dakota Peace Officer Training Academy Board for Fargo to have its own police academy; and Craig Whitney, President and CEO of the Fargo Moorhead West Fargo Chamber of Commerce, died December 14th.

Order of Agenda Approved:
Commissioner Strand moved the Order of the Agenda be approved moving Item Nos. “1,” “2” and “21” from the Consent Agenda to the Regular Agenda.

Second by Grindberg. 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 December 2, 2019 be approved as read.

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

Consent Agenda Approved:
Commissioner Grindberg moved the Consent Agenda be approved as follows:
1. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of a Moratorium Ordinance Regarding the Suspension of the Issuance of Business Licenses Pursuant to Article 25-04 Regarding Vehicles for Hire (moved to the Regular Agenda).
2. 2nd reading and final adoption of an Ordinance Amending Section 01-0305, of Article 01-03 of Chapter 01 of the Fargo Municipal Code Relating to Classification of Ordinance Violations (moved to the Regular Agenda).
3. Applications for Games of Chance:
a. Vietnam Veterans of America Chapter 941 for a raffle on 3/22/20.
b. Boosters of North Dakota Elite for a raffle on 1/5/20.
c. Kelly Jacobson Benefit for a raffle and bingo on 1/25/20; Public Spirited Resolution.
d. Fargo Post 2 Baseball Club for a calendar raffle from 7/1/20 to 8/30/20.
4. Lease Agreement with the Metro Flood Diversion Authority.
5. Access Agreement with the Municipal Airport Authority.
6. Engineering Technician I Agreements with Peggy Amsbaugh and Dana Johnson.
7. Change Order No. 4 for an increase of $2,682.08 for Project No. UR-19-A1.
8. Final Balancing Change Order No. 2 for an increase of $696.98 for Project No. UR-18-A1.
9. Negative Final Balancing Change Order No. 5 in the amount of -$15,861.46 for Project No. SN-18-C2.
10. Contract Amendment No. 1 with Flint Group in the amount of $30,615.00 for Project No. MS-19-B0.
11. Reimbursement to Designer Homes in the amount of $26,904.65 for the repair and backfill of the old borrow site located at 5914 31st Street South.
12. Contract Amendment No. 2 with Moore Engineering in the amount of $502,283.22 for Project No. FM-16-A0.
13. Bid advertisement for Project No. UR-19-E.
14. Reimbursement of the full cost of aggregate backfill for the identified lots in Prairie Farms Addition.
15. Receive and file General Fund – Budget to Actual through November 2019 (unaudited).
16. Set December 30, 2019 at 5:15 p.m. as the date and time for a hearing on a dangerous building at 18 8th Avenue North.
17. Resolution Authorizing the Issuance of a Promissory Note (Subject to Budget Appropriation), Approving Certain Actions and Approving Forms of Loan Documents Required in Connection Therewith (Attachment “A”).
18. Resolution approving Plat of Urban Plains by Brandt Fourth Addition (Attachment “B”).
19. Bid awards to Cougar Tree Care in the total amount of $168,272.00 for winter pruning operations (RFP19173).
20. Direct the City Attorney to work with staff to update the boundary definitions for the Central Business District and the Downtown Business District in Chapters 8, 10, 11 and 18 of the Fargo Municipal Code.
21. Direct the City Attorney to prepare the necessary Ordinance or Amendment to an existing Ordinance that will remove parking from streets/avenues after four or more inches of snow have fallen and the Mayor declares a Snow Emergency (moved to the Regular Agenda).
22. Sole Source Procurement with New Flyer Industries and Cummins NP for vendor specific parts and service (SSP19192 and SSP19193).
23. Agreement with Genfare, a division of SPX Corporation, for the farebox upgrade (SSP19146).
24. Change Order No. 15 for an increase of $2,475.00 for Project No. SW16-03 Phase II (mechanical contract).
25. Change Order No. 1 in the amount of -$12,985.80 for Project No. WA1510 (electrical contract).
26. Contract and Bond for the Reconditioning of Water Tower Nos. 4 and 7.
27. Bid awards to CC Steel, Inc. (General) in the amount of $623,000.00 and JDP Electric (Electric) in the amount of $129,614.00 for Project No. WW1904 (Sanitary Lift Station Nos. 24 and 32 improvements).
28. Change Orders for the Police Department Remodeling Project at the BSE Building:
a. No. 3 for an increase of $24,340.00 for the general contract.
b. No. 3 for an increase of $2,068.00 for the mechanical contract.
c. No. 3 for an increase of $11,100.28 for the electrical contract.
29. Bills in the amount of $5,033,745.16

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

Encroachment Removal Agreements with Block 6 Apartments, LLP and Fancy Land, LLC for Improvement District No. BR-19-A1 Approved:
The Board received a communication from Transportation Division Engineer Jeremy Gorden stating that as part of the reconstruction project on Main Avenue slated for 2020 between Broadway and University Drive, he is seeking approval of two Encroachment Removal Agreements. He said one property owner, Block 6 Apartments, LLP, has two existing basement encroachments that extend into the street right of way at 616 Main Avenue, and the other property owner, Fancy Land, LLC, 714 Main Avenue, has existing window openings in the foundation that will need to be sealed off during the construction project. He said both property owners have agreed to remove their encroachments concurrent with the reconstruction project.
Commissioner Grindberg moved the Encroachment Removal Agreements with Block 6 Apartments, LLP and Fancy Land, LLC for Improvement District No. BR-19-A1 be approved.

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

Encroachment Removal Agreement with 608 Main Avenue, LLC for Improvement District No. BR-19-A1 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) regarding a request from the property owner at 608 Main Avenue for assistance in covering the costs associated with removal of his encroachment at 608 Main Avenue. They said the property is a combination of two buildings sharing a wall and is viewed as having two separate basement encroachments. Included in these two encroachments, they said, are five foundations openings (four windows and a door) that need to be sealed/blocked off and the main water supply line into the building with the City meter will need to be relocated. They said the estimate to cure these encroachments would be $15,000.00 to $25,000.00. The NDDOT has opened bids and is awaiting Certification of Right of Way, they said, and upon approval, the City can concur with the low bidder on the project. They said staff recommends covering 100% of the costs to cure the encroachments, up to a maximum of $16,000.00 per encroachment.
Commissioner Grindberg moved the Encroachment Removal Agreement with 608 Main Avenue, LLC for Improvement District No. BR-19-A1 be approved.

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

Final Balancing Change Order No. 5 for Improvement District No. BR-17-F1 Approved:
Commissioner Grindberg moved Final Balancing Change Order No. 5 for an increase of $3,804.87 for Improvement District No. BR-17-F1 be approved.

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

Negative Final Balancing Change Order No. 6 for Improvement District No. DN-18-A1 Approved:
Commissioner Grindberg moved Negative Final Balancing Change Order No. 6 in the amount of -$54,479.60 for Improvement District No. DN-18-A1 be approved.

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

Negative Final Balancing Change Order No. 4 for Improvement District No. AN-19-G1 Approved:
Commissioner Grindberg moved Negative Final Balancing Change Order No. 4 in the amount of -$64,935.91 for Improvement District No. AN-19-G1 be approved.

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

City of Fargo Concurs with NDDOT for Bid Award of Improvement District No. BR-19-A1:
The Board received a communication from City Engineer Brenda Derrig stating bids were opened by the NDDOT on Friday, November 8, 2019 for the Main Avenue Construction Project Improvement District No. BR-19-A1. She said the low bid was from Dakota Underground Company in the amount of $11,514,801.74. She said there are Special Assessments associated with the project and there were no protests received. Fargo’s construction cost share of this project is $5,890,059.88, she said.
Commissioner Grindberg moved to declare protests to be insufficient and to concur with the low bid and recommend the NDDOT award the low bid to Dakota Underground Company in the amount of $11,514,801.74 for Improvement District No. BR-19-A1.

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

Update on the TapRide Service to the Industrial Park:
Assistant Transit Director Matthew Peterson said the City began a new pilot route in the Industrial Park on August 5, 2019 and since then, the route has been well-received by the public and the United Way continues its efforts in helping new riders learn about and use the service. He said there are some natural down times in the service and ridership numbers on Saturdays are low; however, weekday ridership far exceeds staff expectations. Overall, he said, there have been more than 1,500 rides on the new service as of the end of November and for a service that has been operating for less than six months, that is pretty good. He said this pilot project runs through 2020 and from now until the end of the pilot, he and his staff will monitor the service, review operating hours and zones and make adjustments as needed. He said Marvin Windows has locations in Fargo and West Fargo and the company created a video to promote TapRide. They use the video in their hiring process, he said, and the video will be uploaded to the MATBUS website. A consideration for the future, he said, is adding service to West Fargo’s Industrial Park. Transit staff can work with the West Fargo City Commission to formulate costs and other logistics, he said.

In response to question from Commissioner Grindberg asking if this data was shared with United Way, Mr. Peterson said it was.

In response to a question from Commissioner Strand asking if there will be any changes to the Saturday service, Mr. Peterson said he does not want to make any changes for at least another three months and see how the winter goes. He said with any new service or route, it takes time for the public to become aware.

Commissioner Strand said the TapRide service for the Industrial Park gives access to jobs and workforce development and he congratulated Mr. Peterson and his staff for exceeding the Board’s expectations.

Commissioner Piepkorn moved appropriate staff be directed to begin negotiations with the City of West Fargo to add TapRide service to the West Fargo Industrial Park.

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

Hearing on Alley Vacation of the Alley between Lot 12, Block 26 and a Part of Lot 7 and All of Lots 8-12, Block 25, Roberts Second Addition Continued to 1/27/20:
A Hearing had been set for August 12, 2019 on an application for the Alley Vacation of the alley between Lot 12, Block 26 and a part of Lot 7 and all of Lots 8-12, Block 25, Roberts Second Addition (1001 NP Avenue North and 28 10th Street North).

At the August 12, 2019 Regular Meeting the Hearing was continued to August 26, 2019.

At the August 26, 2019 Regular Meeting the Hearing was continued to October 21, 2019.

At the October 21, 2019 Regular Meeting the Hearing was continued to November 18, 2019.

At the November 18, 2019 Regular Meeting the Hearing was continued to this day and hour; however, the applicant has requested the Hearing be continued to January 27, 2020.

Commissioner Grindberg moved the hearing be continued to 5:15 o’clock p.m., Monday, January 27, 2020.

Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, 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. Wade and Bryce Johnson, 3013 Maple Street North (3 year).
b. Kwangsoo Park and Eunhee Noh, 3513 22nd Street South (3 year).
c. Ronald J. and Elizabeth I. Thompson, 2540 26th Avenue South (3 year).
d. Chris E. Anderson and Allison J. Clapp, 2920 28th Avenue South (3 year).
e. Hosch Holdings LLC, 2402 8th Avenue North (3 year).
f. Michael M. Thomas and Molly Vold-Thomas, 1720 8th Street South (5 year).
g. Travis M. and Tiffany R. Stewart, 3407 Peterson Parkway North (5 year).
h. Barbara M. Rawlings, 3302 Elm Street North (5 year).
i. Haven Homes LLC, 1011 11th Avenue North (5 year).
j. Randey K. and Joan L. Holmlund, 1534 6th Street South (5 year).
k. Steven G. Anderson, 1002 4th Street North (5 year).
l. Gary C. Tollefsrud, 1626 6th Avenue South (5 year).
Commissioner Piepkorn moved the applications be approved.

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

Dan Armbrust and Jim Deutsch Reappointed to the City Hall-Auditorium Commission:
The Board received a communication from Mayor Mahoney recommending that Dan Armbrust and Jim Deutsch be reappointed to the City Hall-Auditorium Commission.

Commissioner Strand moved Dan Armbrust and Jim Deutsch be reappointed to the City Hall-Auditorium Commission for three-year terms ending January 1, 2023.

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

2020 Capital Improvement Plan (CIP) and 2021-2023 Federal Aid, Arterial and Water Main Replacement Projects Approved:
City Engineer Brenda Derrig said since the December 2, 2019 City Commission meeting, where the proposed Plan was received and filed, she did not receive any comments and two project number corrections were made. She said those corrections include TR-20-B1 which is now TR-20-A1 and TR-20-C1 which is now TR-20-B1. She said the Engineering Department creates and manages a CIP for the initial construction, preservation and reconstruction of the City’s infrastructure. Proposed projects in 2020, she said, total $108,520,576.00 and projects include water mains, streets, arterial roadways, flood control, pavement preservation, storm sewer utility, traffic and streetlights, new developments, alley paving and sidewalks.

In response to a question from Commissioner Gehrig asking if the City is special assessing more due to the fact that outside money is coming in, Ms. Derrig said looking back at the proposed CIP, when the budget process started and then as the City went through the special assessments and the Infrastructure Funding Policy, project costs were re-evaluated and two projects have been taken out to make sure the CIP stays within the budget. She said it is a balance of trying to stay within the budget while also maintaining the infrastructure. Every year is a bit different, she said, and there are more streetlight projects in this CIP due to the fact that there are still some dark areas in parts of Fargo.

Commissioner Gehrig said he is a still a little uncomfortable with the amount of special assessments and he does not think people are seeing a huge reduction in their special assessments. He said with the CIP plan, if at some point the City Commission thinks the City is doing too much and residents push back, the City Commission can always change the plan. He said he sees the CIP as a guideline; therefore, will agree to it.

Ms. Derrig said the CIP sets the table for the next four years; however, it can be modified, depending on needs. She said with City Commission approval of the CIP, her department can begin communicating with people and businesses in the areas where projects are planned. She said it also gives the City the flexibility needed if a new redevelopment comes in and some things need to be shifted.

Commissioner Piepkorn moved the 2020 Capital Improvement Plan and the 2021-2023 Federal Aid, Arterial and Water Main Replacement Projects be approved.

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

Recommended Projects to be Submitted to Metro COG for Consideration:
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) stating the NDDT is soliciting project applications for federal aid roadway projects for years 2022 and 2024. They said staff has evaluated the needs of the City in conjunction with the Long Range Transportation Plan.

Transportation Division Engineer Jeremy Gorden said this item comes before the City Commission on an annual basis, asking Metro COG and NDDOT for Federal funding for roads and bridges. Some of the projects currently programmed for federal aid include Main Avenue from Broadway to University Drive, which was bid and will be constructed in 2020. Other current programmed projects include: 64th Avenue South from 25th to 45th Street in 2020, 2021 and 2022; University Drive North from 32nd Avenue to County Road 20 in 2021; 32nd Avenue South from 32nd to 23rd Street in 2022; Main Avenue from University Drive to 25th Street in 2023; and 52nd Avenue South from 63rd Street to Sheyenne Street in 2023. He said these projects have a total cost of $15,412,522.00 of which $8,369,948 is the federal share, $1,226,416.00 is from the State and $5,816,158.00 is the local share. He said his staff is recommending the following projects be submitted to Metro COG for inclusion in applications to the NDDOT for funding in 2022 and 2024:

Urban Grant Program (for Downtown only) – 2022
2nd Street pedestrian bridge adjacent to City Hall – estimated construction cost $3.4 million – funding request $2.7 million Urban Grant Funds/$700,000.00 local.

Urban Roads Program – 2024
Priority No. 1 – 64th Avenue South interchange ramps – estimated construction costs $18.25 million – funding request $10.1 million Urban Roads/$4 million Interstate Maintenance Funds/$4.15 million local.

Priority No. 2 – Transit Capital to replace three buses – estimated cost $1.25 million – funding request $1 million Urban Roads/$250,000.00 local.

Priority No. 3 – 32nd Avenue South from 25th Street to University Drive – estimated construction costs $9.6 million – funding request $7.6 million Urban Roads/$2 million local.

Urban Regional Program – 2024
19th Avenue North from the I29 East Ramp to 18th Street – estimated construction costs $13 million – funding request $10.4 million Urban Regional/$1.3 million State/$1.3 million local.

In response to a question from Commissioner Grindberg asking if these projects are in the current CIP, Mr. Gorden said they are not; these projects are for a future CIP.

Commissioner Piepkorn said when the work on 19th Avenue North is done he hopes the City can work with the Federal Aviation Administration (FAA) to mitigate the problems on that stretch of road in regards to blowing snow.

Mr. Gorden said the City has worked for quite some time on the issues on 19th Avenue North. He said the current plan includes raising the east portion of the road to help with blowing snow.

In response to a question from Commissioner Piepkorn regarding the Census and how that will affect funding, Mr. Gorden said when Fargo reaches 200,000 in population the City is looked at differently as far as annual allocations from the Federal government. He said once that happens, Metro COG will get a direct allocation of Federal funds versus having to ask for the funds from the State.

Commissioner Strand said Grafton waited for 17 years to rise to the top for an urban roads project to get their Main Street project done and then, out of blue, they were knocked to the bottom of the list. He said he wanted to make sure Fargo was not undermining small town projects.

Mr. Gorden said there are 12 cities in North Dakota considered urban and he thinks Grafton is one of those cities. He said there are so many dollars per year per city and when a city gets its allocation it has to be spent and Fargo does not steal funds from other cities.

Commissioner Grindberg moved the recommended projects be submitted to Metro COG for inclusion in the City’s application to NDDOT for funding in 2022 and 2024.

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

Waive Requirement to Receive and File an Ordinance One Week Prior to 1st Reading and 1st Reading of a Moratorium Ordinance Regarding the Suspension of the Issuance of Business Licenses Pursuant to Article 25-04 Regarding Vehicles for Hire (Moved from the Consent Agenda):
Commissioner Strand said he asked that this item be moved from the Consent Agenda to the Regular Agenda due to the fact that he has read about it in the news and he wants to have a level of understanding of why the City is doing this and what are the implications.

City Auditor Steve Sprague said the City recently extended taxi licenses that would have expired December 31, 2019, to March 31, 2020 so he and the Assistant City Attorney can meet with taxi companies to come up with an Ordinance that will work. He said the City’s old Ordinance had details about what should be on taxis, such as the size of letters, colors and other details. When Uber and Lyft came to Fargo, he said, State law said there could not be any local regulations; therefore, the Ordinance was changed to make it a transportation Ordinance rather than a taxi Ordinance and some of the requirements for the vehicles were removed. He said now what he is seeing and hearing, especially from the airport, is that personal vehicles are parked at the airport with just a light bar on top of the vehicle. He said the City needs more control to be sure taxi vehicles are inspected, marked as taxis, that background checks on drivers are done and taxi meters are permanently displayed so a passenger can see the fare. He said the number one goal of this Ordinance change is safety. He said a meeting is planned January 9th with taxi cab companies to go over the proposed changes.

Commissioner Strand said in other cities, he has heard there are people who are getting volunteer ride hailing services and the trend is going more toward affordability and access across the board. He said in the upcoming discussions regarding this Ordinance, perhaps broaden the discussion to see what might be coming to Fargo. He said there are places where someone can hail a ride and it might not be identified as a taxi or it might be free or the passenger donates what they can.

Mr. Sprague said the concern is that Uber and Lyft operate when they want to; therefore, if someone needs a ride in the middle of the night, Uber and Lyft might not respond. It is important to have a vibrant taxi service in the City that is available 24 hours a day, seven days a week, he said.

Mayor Mahoney said the other issue is people are coming from the airport and think the charge is about $20.00 and then they are charged $40.00; therefore, another part of the Ordinance will be to be sure the public knows up front what they will be charged.

In response to a question from Commission Strand asking if Transit will be involved, Mr. Sprague said they will. He said Commissioner Grindberg also mentioned that Bismarck has one taxi company with handicap accessibility; however, Fargo already has several companies that offer ride services for handicapped individuals.

Commissioner Grindberg said he hopes a comparison is done with Bismarck’s Ordinance and what Fargo has still fits a need or perhaps it is an awareness issue. It is important to many people in Fargo, he said.

In response to a question from Commissioner Gehrig asking if there have been more reported assaults with Uber and Lyft than taxis, Mr. Sprague said Uber and Lyft do their own background checks; however, taxis do not always do background checks. He said with Uber and Lyft, State law prohibits local governance. He said this Ordinance is to assure taxis are safe, people are safe and rates are posted. With Uber and Lyft, he said, if the rider is paying attention to the app, the rider knows who is picking them up; however, with a taxi, a rider really does not know whose vehicle they are getting into and they assume that person’s background has been checked and they are with a safe person.

In response to a question from Commissioner Gehrig asking if these background checks and regulations will make it harder for Uber and Lyft to operate, Mr. Sprague said cities do not have any say about Uber and Lyft and this Ordinance will only apply to taxis.

Commissioner Gehrig said Uber and Lyft have been a blessing to Fargo in that DUI arrests are down. He said not too long ago it was normal to see fights outside of Fargo bars due to the fact that there were not enough taxis. He said he would be opposed to anything that makes it harder for Uber and Lyft to operate in Fargo.

Mayor Mahoney said in New York and Washington, D.C., the driver’s name is posted in the taxi as well as their photo.

Commissioner Strand moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that a Moratorium Ordinance Regarding the Suspension of the Issuance of Business Licenses Pursuant to Article 25-04 Regarding Vehicles for Hire be placed on first reading.

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

2nd Reading of an Ordinance Relating to Classification of Ordinance Violations Delayed for Two Weeks (Moved from the Consent Agenda):
Commissioner Strand said he asked that this item be moved from the Consent Agenda to the Regular Agenda due to the fact that it has been suggested the City might be setting itself up for litigation with this Ordinance and he wants to be sure it has been thoroughly discussed and everyone is comfortable with it.

Police Chief David Todd said Assistant City Attorney Nancy Morris has met with her colleagues as well as city attorney’s in other cities throughout the state and also with the League of Cities attorneys and everyone feels comfortable with this Ordinance.

Ms. Morris said she did extensive research in response to media reports about this Ordinance. The ND State Legislature passed Senate Bill 2304 to allow the fine structure to be modified and other cities have modified their fine structures, including Grand Forks, Bismarck and West Fargo. She said it is her position that the law does not support that the fine structures violate the Equal Protection Law of the Constitution. Cities want to protect the health and safety of the traveling public, she said, and the increased deterrence of the fine structure would serve that purpose. No change in law is without risk to litigation, she said; however, this has been researched thoroughly.

Commissioner Strand said the feedback has been positive and he wants to make sure the City Commission is doing its due diligence.

Chief Todd suggested an Executive Session so Ms. Morris could explain case law to the Commissioners.

In response to a question from Mayor Mahoney stating that Fargo increased its fees once , then the increase was found to be unconstitutional and the fines had to be paid back and how is that not going to happen again, Ms. Morris said at that time there was not a State statute that provided municipal authority.

City Attorney Erik Johnson said at that time Fargo was relying on its own Home Rule powers to increase fines above state levels and the court did not agree; however, now the State Legislature has authorized it.

Commissioner Strand moved that the 2nd reading and final adoption of an Ordinance Relating to Classification of Ordinance Violations which was placed on its first reading December 2, 2019, be delayed for two weeks.

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

City Attorney Directed to Prepare the Necessary Ordinance or Amendment to an Existing Ordinance that will Remove Parking from Streets/Avenues after Four or more Inches of Snow has Fallen and the Mayor Declares a Snow Emergency (Moved from the Consent Agenda):
Commissioner Strand said he asked that this item be moved from the Consent Agenda to the Regular Agenda for further discussion. He said he has heard from a number of constituents that such an Ordinance would cause a hardship due to limited parking availability.

Public Works Director Ben Dow said he is not looking to take any action on an Ordinance right now; he is simply asking for the City Commission's authority to work with the City Attorney on an Ordinance or a change to an existing Ordinance. He said he has learned over the last two snowstorms by looking at the data that when plows are working around parked vehicles they are only able to go about five miles an hour. He said when plows are out in different areas where there are no vehicles parked, the plows go 10 miles an hour. He said this is something the City can look at for the future that could benefit the City and its residents to avoid adding extra resources. He said there are currently 15 zones in the City and each of these zones has about 50 miles of roads to plow and doing it at five miles an hour versus 10 miles an hour, anyone can do the math pretty quickly.

In response to a question from Mayor Mahoney asking how soon the Ordinance would come before the City Commission, Mr. Dow said he hopes to bring a receive and file or first reading of an Ordinance in late January and a second reading and adoption in February, which will give him time to work with the public on some education.

In response to a question from Mayor Mahoney who said by February there could be 26 inches of snow on the ground and is there any ability to move up the time frame, Mr. Dow said it is important that residents are given time to speak and share their thoughts. He said he wants to be sure this is right. He could throw something together quickly, he said; however, the City might end up having regrets if a little more time is not taken to listen to the residents.

Commissioner Piepkorn said this would not be a constitutional amendment if it is passed. He said when and if this is implemented and changes are needed, it can be changed. There will be a lot of time for public comment and once it is implemented, the marble tablet does not have to be broken. The City Commission can make adjustments, he said, and the first go around will be a lot like a pilot project.

Mr. Dow said some things will not affect parts of town, for instance, this is not for Downtown which already has significant parking restrictions.

Commissioner Strand said there is a public appetite for change and people are eager. He said there is support for the parking restrictions; however, there is also negativity.

Commissioner Strand moved that the City Attorney be directed to prepare the necessary Ordinance or Amendment to an existing Ordinance that will remove parking from streets/avenues after four or more inches of snow has fallen and the Mayor declares a snow emergency.

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

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, December 30, 2019.

Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 5:59 o’clock p.m.