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Fargo City Commission - November 29, 2021 Minutes

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 4:00 o'clock p.m., Monday, November 29, 2021.
The Commissioners present or absent were as shown following:
Present: Piepkorn, Preston, Strand, Mahoney.
Absent: Gehrig.
Mayor Mahoney presiding.

City Attorney Erik Johnson announced that the City Commission will retire into Executive Session in the Red River Room to discuss negotiating strategy and/or provide negotiating instructions to its negotiator, the Mayor, and also to consult with its attorneys regarding the terms of an amendment to the Memorandum of Agreement between the Fargo Municipal Airport Authority and the City; and to consult with the City’s attorneys regarding existing civil litigation between the City and Purdue Pharma, LP et al; both of said matters being authorized by ND Century Code Section 44-04-19.1 subsections 2 and 9 as public discussion of both will create an adverse fiscal effect on the bargaining and/or litigation were it to occur in an open meeting.
Commissioner Piepkorn moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC, Section 44-04-19.1(2 and 9) to discuss said matters.

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

At 4:10 o’clock p.m. the Board moved to the Red River Room to discuss said matters in Executive Session.
Members present were: Gehrig, Piepkorn, Preston, Strand and Mahoney.

The Executive Session closed at 4:50 p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.
All Commissioners present. Mayor Mahoney presiding.

The Mayor read a message with the following information: December 1st is World AIDS Day and Fargo Cass Public Health provides free and confidential HIV testing; the Fargo Public Library will take part in the James Webb Space Telescope Challenge through December 31st as part of the historic launch of the largest telescope ever created; the Holiday Cookie Club for teens and adults runs December 6th through the 12th, and videos featuring the lighting of the holiday trees on the Civic Plaza and ribbon cutting of Fargo Public Schools’ Explorer Academy were shown.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved, delaying Item Nos. “34a” and “35a” on the Consent Agenda for two weeks.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Preston moved that the Minutes of the Regular Meeting of the Board held on November 15, 2021 be approved as read.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.

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

1. 2nd reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Meadow View Addition to the City of Fargo, Cass County, North Dakota; 1st reading, 11/15/21.
2. Zero Electric Motorcycle Agreement with the Park District of the City of Fargo.
3. Resolution Establishing Northern States Power Franchise Fee (Attachment “A”).
4. Agreement for Downtown Business Improvement District Services and Materials with the Downtown Community Partnership beginning 1/1/22 through 12/31/22 (SSP21189).
5. Contract and bond for Project No. MP-20-A2.
6. Applications for Games of Chance:
a. Jeremiah Program Fargo-Moorhead for a raffle on 4/8/22 (amended).
b. Nativity School Elementary PTO for a raffle on 2/4/22.
c. NDSU Men’s Lacrosse Club for a raffle on 4/1/22.
d. MHA Nation West Segment Fargo Outreach for a raffle on 12/15/21; Public Spirited Resolution.
e. Benefit for Kerri Gortmaker for a raffle board on 12/10/21; Public Spirited Resolution.
7. Milestone No. 6 (Change Order No. 9) for a time extension to 12/15/21 for Project No. FM-16-A1.
8. Change Order No. 2 for an increase of $25,022.00 and time extension to 12/5/21 for Project No. SL-21-A1.
9. Final Balancing Change Order No. 3 for an increase of $1,443.30 for Project No. TM-21-A1.
10. Agreement for Professional Services with Houston Engineering, Inc. for Project
No. NR-23-A0.
11. Reimbursement request to Designer Homes in the amount of $37,756.44 for repair and backfill of the old borrow pit site located at 6158 31st Street South.
12. Permanent Easement (Levee and Retaining Wall for Flood Control) with the Park District of the City of Fargo at 194 North Woodcrest Drive North (Project
No. FM-19-C).
13. State Water Commission request for cost reimbursement for the FM Metropolitan Area Flood Risk Management Project costs totaling $5,734,800.64.
14. Receive and file General Fund-Budget to Actual through October 2021 (unaudited).
15. Bid award to FarrWest, Inc. in the amount not to exceed the grant budget of $62,500.00 for the purchase of one hazardous materials monitor with a Raman spectroscopy and accessories (RFP21194).
16. Sole Source Procurement with M & T Fire and Safety for the purchase of Fire Service Plus, FireAde AR-AFFF 3%x3%, 660 gallon tote (SSP21199).
17. Sole Source Procurement with Tyler Technologies, Inc. for the purchase of MobileEyes fire inspection software and Amendment to the License Agreement with Tyler Technologies, Inc. (SSP21200).
18. Agreement for Services with the following:
a. Sue Black.
b. Jamie Bunnis.
c. Bernadetta Chinema.
19. Sole Source Procurement with Custer Health-Mandan, ND for statewide education and awareness of the Women’s Way Program.
20. Grant Agreement with the ND Department of Health Services, Office of Refugee Support Services for care coordination.
21. Amendment to the Notice of Grant Award from the ND Department of Health for the Title X Family Planning Program (CFDA #93.217).
22. Sponsorship package with the FM RedHawks to provide advertisement for the immunization program during the 2022 season.
23. Agreement for School Faculty Tobacco Prevention Coordinator with West Fargo Public Schools District.
24. Amendment to the Notice of Grant Award with the ND Department of Health for Ryan White Part B Program (CFDA #93.917).
25. Resolution Approving Plat of Timber Parkway Seventh Addition (Attachment “B”).
26. Purchase of one vactor combination sewer cleaner truck through Sourcewell in the amount of $574,467.00 (PBC122017-FSC-2).
27. Piggyback Contract with Christianson’s Business Furniture for the Public Works West Administration Office furniture fit-up (PBC21082).
28. Amendment No. 1 with KLJ Engineering, LLC in the amount of -$7,895.53 for MTG Pit repairs and in-ground hoist replacement (RFQ21072).
29. Request for Proposals for contract electrician services in the Water Utility.
30. Bills in the amount of $8,963,174.57.

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

Memorandum of Offer to Landowner for a Permanent Easement (Street and Utility) with Bison Investments, LLC (Improvement District No. BR-22-A0):
The Board received a communication from Land Acquisition Specialist Shawn Bullinger requesting authorization to proceed with a Memorandum of Offer to Landowner for a Permanent Easement (Street and Utility) with Bison Investments, LLC in association with Improvement District No. BR-22-A0. He said a final purchase price has been reached and authorization from the Board is requested to proceed with the purchase.
Commissioner Strand moved the Memorandum of Offer to Landowner for a Permanent Easement (Street and Utility) with Bison Investments, LLC in association with Improvement District No. BR-22-A0 be approved.

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

Memorandum of Offer to Landowner for a Permanent Easement (Street and Utility) and an Easement (Temporary Construction Easement) with Innovis Health, LLC (Improvement District No. BR-22-A0):
The Board received a communication from Land Acquisition Specialist Shawn Bullinger requesting authorization to proceed with a Memorandum of Offer to Landowner for a Permanent Easement (Street and Utility) and an Easement (Temporary Construction Easement) with Innovis Health, LLC in association with Improvement District No. BR-22-A0. He said a final purchase price has been reached and authorization from the Board is requested to proceed with the purchase.
Commissioner Strand moved the Memorandum of Offer to Landowner for a Permanent Easement (Street and Utility) and an Easement (Temporary Construction Easement) with Innovis Health, LLC in association with Improvement District
No. BR-22-A0 be approved.

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

Permanent Easement (Storm Sewer) with Stanley L. and Patricia J. Ryland (Improvement District No. BN-21-G1):
The Board received a communication from Land Acquisition Specialist Shawn Bullinger requesting approval of a Permanent Easement (Storm Sewer) with Stanley L. and Patricia J. Ryland in association with Improvement District No. BN-21-G1.
Commissioner Strand moved the Permanent Easement (Storm Sewer) with
Stanley L. and Patricia J. Ryland in association with Improvement District BN-21-G1 be approved.

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

Item No. 34a Delayed for Two Weeks:
Item No. 34a (Bid Award for Improvement District No. BN-21-L1) was delayed for two weeks.

Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-C1: Protests Received and Declared Insufficient:
The Statutory Resolution of Necessity for the construction of Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-C1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on October 13 and 20, 2021 and protests representing less than 2 percent of the legal protest area have been received and filed in the office of the City Auditor within the legal protest period.
Commissioner Strand moved the protests be received and filed and declared insufficient.
Second by Gehrig. On call of the roll Commissioners Strand, Gehrig, Piepkorn, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Bids Received for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-C1:
The bids for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-C1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., November 10, 2021 and the bids were found to be as follows:

Master Construction Company, Inc. Fargo, ND
Bid: $1,713,188.00

Dakota Underground Company Fargo, ND
Bid: $2,070,245.00

Contract for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-C1 Awarded to Master Construction Company, Inc. in the Amount of $1,713,188.00:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-C1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received November 10, 2021 for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-C1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-C1 shows the bid of Master Construction Company, Inc. of Fargo, North Dakota, in the sum of $1,713,188.00 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Master Construction Company, Inc. in the sum of $1,713,188.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-C1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Master Construction Company, Inc. for the sum of $1,713,188.00, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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

No Protests Received for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-F1:
The Statutory Resolution of Necessity for the construction of Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-F1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on October 13 and 20, 2021 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Strand moved that the Board declare that no protests have been filed to the construction of Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-F1.

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

Bids Received for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-F1:
The bids for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-F1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., November 10, 2021 and the bids were found to be as follows:

Key Contracting, Inc. West Fargo, ND
Bid: $1,380,145.18

Master Construction Company, Inc. Fargo, ND
Bid: $1,495,661.20

Border States Paving, Inc. Fargo, ND
Bid: $1,562,412.41

Dakota Underground Company Fargo, ND
Bid: $1,649,554.41

Contract for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-F1 Awarded to Key Contracting, Inc. in the Amount of $1,380,145.18:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-F1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received November 10, 2021 for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-F1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-F1 shows the bid of Key Contracting, Inc. of Fargo, North Dakota, in the sum of $1,380,145.18 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Key Contracting, Inc. in the sum of $1,380,145.18 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-F1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Key Contracting, Inc. for the sum of $1,380,145.18, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

Item No. 35a Delayed for Two Weeks:
Item No. 35a (Contract and Bond for Improvement District No. BN-21-L1) was delayed for two weeks.

Contract for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-F1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and Key Contracting, Inc. for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-F1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-F1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
Old Republic Surety Company, in the amount of $1,380,145.18, for Contract Bond for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-F1 in the City of Fargo, North Dakota.

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

Resident Comments:
Anjali Karna (via conference call), Steve Olson, Keith Coates, Linda Boyd, Valarie Hanson and Cameron Bueng spoke on the Ordinance Relating to Massage Therapy Establishments, and Rob Mounts and Richard Thomas spoke on the Wildlife Management Program.

Parcels of Land in Maple Valley Fifth Addition Rezoned (6050 36th Street South):
At a Hearing held on September 9, 2021 the Fargo Planning Commission recommended approval of a change in zoning from LC, Limited Commercial to LC, Limited Commercial with a C-O, Conditional Overlay.
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.
Current Planning Coordinator Donald Kress said the property is currently a single large lot and the plat proposes dividing the lot between the area accommodating the existing residences and the undeveloped area which will have an additional overlay, which will mitigate the intensity of the development.

Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Preston, Piepkorn, Gehrig, 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 Maple Valley Fifth Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Preston 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 Maple Valley Fifth Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Maple Valley Fifth Addition:
Commissioner Preston 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 “Maple Valley Fifth Addition” containing 2 Lots, 1 Block and 4.69 acres of land more or less, located at 6050 36th Street South; and
WHEREAS, A Hearing was held September 9, 2021 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 November 17 and 24, 2021 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., November 29, 2021 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 “Maple Valley Fifth 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.

Parcels of Land in Fayland Industrial First Addition Rezoned (1217 46th Street North):
At a Hearing held on November 2, 2021 the Fargo Planning Commission recommended approval of a change in zoning from GI, General Industrial to
LI, Limited Industrial.
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.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Fayland Industrial First Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Preston 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 Fayland Industrial First Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Application Filed by Cellar 624 LLC d/b/a Cellar 624, The Venue on Main for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Cellar 624 LLC d/b/a Cellar 624, The Venue on Main for a Class "VWB" Alcoholic Beverage License at 624 Main Avenue, Suite 1, 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 application is for a new liquor license class, which will allow the licensee to conduct wine education events, have wine off sale in conjunction with education events and allow rental of just the venue space. One of the partners who had issues with his background check spoke to the Liquor Control Board and explained what happened in his past and how he has changed things going forward, he said, and the vote from that Board was 5-0 for approval.
Commissioner Strand moved the application be approved.

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

Proposed Changes in Passenger Fare Structure for MATBUS Fixed Routes and MAT Paratransit Service Approved:
A Hearing had been set for this day and hour to consider the following proposed changes in the passenger fare structure for MATBUS Fixed Routes and MAT Paratransit Service:

MATBUS Fixed Route (includes TapRide Industrial Park)
Cash Fares Current Proposed
Adult $1.50 Same
Elderly/Disabled .75 Same
Youth (K-12) .75 Same
Child (birth to age 6) Free Same
Disabled veterans Free Same

Prepaid Tokens/Tickets (10 or more) Current Proposed
Adult $1.50 Remove
Elderly/Disabled .75 Remove
Youth (K-12) .75 Remove

30-Day Pass Current Proposed
Adult $40.00 Remove
Elderly/Disabled $26.00 Remove

Other Passes Current Proposed
14-day, all customers $21.00 Remove
4-day, conventions only $10.00 Remove
1-day, all customers (cash on-board bus only) $ 5.00 $ 5.00
90-day, youth (K-12) $26.00 Remove
120-day college semester $45.00 $60.00
(excludes students in U-Pass program)
31-day business (employer purchased) $22.50 $27.00
MATBUS Connect
(Mobile Ticket and Smart Card) Current Proposed
Pay as you go – adult
(load funds/manage online by customer)
1 ride (valid for 90 minutes) $ 1.50
1 day best fare – free rides after spend $3.00 $ 3.00
31 days best fare – free rides after spend $42.00 $42.00
Pay as you go – elderly, disabled, youth
1 ride (valid for 90 minutes) $ .75
1 day best fare (free rides after spend $3.00) $ 3.00
31 days best fare (free rides after spend $27.00) $27.00
90 days (youth only) best fare $27.00
(free rides after spend $27)

Transfers between MATBUS Routes Free Free
Valid for Valid for
60 minutes 90 minutes

MAT Paratransit
Paratransit Connect – mobile ticket or smart card
Pay as you go – ADA eligible
1 ride $3.00
Cash $3.00 Same
Prepaid coupons (10 or more) $3.00 Same
Personal care attendant (1 per disabled person) Free Same
Agency rate for non-emergency medical trip $38.00 Same
eligible for Medicaid
Sunday only general public fare $25.00
(passenger not ADA Paratransit eligible)

Metro Senior Ride
Cash fares
Senior citizen age 60+ $3.00 Same
One guest of senior citizen $3.00 Same
General public $23.00 Same
Preschool children (under age 7) $3.00 Same
Transfers to Metro Area Transit Free Same

Prepaid punch cards
Senior citizen (60+) 20 ride card $60.00 Same
Senior citizen (60+) 10 ride card $30.00 Same

Assistant Transit Director Jordan Smith said Fargo and Moorhead have been operating an electronic fare collection system for the MATBUS system since 2009. In December 2019, he said, the City Commission authorized the purchase of an upgrade to the electronic fare system. New fare boxes were installed in the fixed route fleet, he said, and the old fare boxes were upgraded and installed in the MAT Paratransit and TapRide fleet in 2020. He said Transit staff have been working since that time to set up and test features available in the new system and final testing is scheduled for December, with the system being scheduled to go live in January or February 2022. While the system is changing to accommodate the new fare box system, he said, it will not increase costs for passengers and may offer savings and greater convenience for many. Cash fares will not change, he said; however, multi-day passes will no longer be sold. Passengers will load cards with fare money through Connect and may earn free rides by reaching a spending threshold over a period of time, he said. In July 2017, he said, Moorhead expanded MAT Paratransit service for ADA Paratransit-eligible passengers to include Sundays from 7:00 a.m. to 5:00 p.m. Minnesota has indicated the general public should also be able to access paratransit service since fixed route service is not available on Sundays, he said; therefore, to provide consistency, Fargo will implement a general public rate for Sunday Paratransit service. The recommended rate of $25.00 per one-way ride was established based on the average Sunday trip length of 11 miles, he said. The cost for alternative transportation ranges from $18.00 to $30.00, he said, and the actual cost per ride for MAT Paratransit is $34.00. He said ADA eligible Paratransit trips will remain at $3.00. All fare changes are considered a major service change, which requires a Public Hearing, he said. An Informational Public Meeting was held November 18th, he said, and since the fare structure is joint with the City of Moorhead, both cities must hold Public Hearings and agree to the changes. Moorhead’s Public Hearing was November 22nd, he said. There will be ongoing operating fees for the mobile ticketing option when implemented, he said, including GFI Genfare, which is 5 percent for credit card processing plus 5 cents per transaction through mobile ticketing. Riders who purchase passes with credit cards at the GTC will likely transition to mobile ticketing, he said. Moorhead currently pays fees to Fargo for one-third of the credit transactions at the GTC and will continue to cost share in any additional fees related to credit card processing and fare transactions, he said.

In response to a question from Commissioner Piepkorn asking about the TapRide Program, Mr. Smith said TapRide is going okay in spite of being down for reduced use during the pandemic. He said it is still used quite a bit, particularly for people to get to and from work.

Commissioner Strand said he understands costs have to be covered; however, his wish would be to work toward having free transit.
Commissioner Strand moved the proposed changes in passenger fare structure for MATBUS fixed routes and MAT Paratransit service be approved, as presented.

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

Discussion Regarding the City of Fargo Temporary COVID-19 Mask Policy for Employees: Changes to Masking Requirements for Employees Effective
December 1, 2021 Approved:
Mayor Mahoney said he is bringing masking requirements up for discussion now that everybody has the opportunity to be vaccinated and the 14-day average seems to be running at a steady six to seven percent positivity rate. After December 1, 2021, if one wants to wear a mask in the workplace they certainly can, he said; however, he suggests a change to allow employees in all but three departments, the Library, Public Health and Transit, to no longer require masks in public areas. He said Public Health requires masks due to being exposed to
COVID-19 all the time, Transit has a federal mandate and the Library’s Administration made the choice.

Commissioner Gehrig said he feels it could be up to the departments to decide, if the Library or any director in any department chooses to require masks, they can mandate it within their buildings. He would suggest removing the Library from the requirement from the proposed policy so the policy would not have to be changed later.

In response to a question from Commissioner Strand asking whether the recent news of the omicron variant found overseas is cause for concern, Fargo Cass Public Health Director Desi Fleming said omicron is more complex and very transmissible and it is unknown how it will interface with the vaccines. She said vaccinations and booster shots are highly recommended, along with vaccinating children as there continues to be a high rate of transmission in the area. She said the reality in the community is that few are masking indoors and lifting the requirement for City staff is likely in line. She said she hopes those who want to wear masks will be comfortable doing so and not be ridiculed.

Commissioner Gehrig moved the document titled “City of Fargo Temporary Employment Policy COVID-19 Prevention Measures” be approved effective December 1, 2021; striking the third bullet point that reads “Requiring that all employees, contractors and vendors in Library, Public Health and Transit Departments wear a mask indoors in public areas” and replacing it with “Requiring Public Health and Transit Departments wear a mask indoors in public areas, and allowing any Department Head to require masks under their jurisdiction.”

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

Proposed 2022 Capital Improvement Plan (CIP) and the 2023 Federal Aid and 2023 Utility Replacement and Street Reconstruction Projects Received and Filed:
Assistant City Engineer Tom Knakmuhs shared information on the network size and condition for pavement and underground utilities, the proposed 2022 projects, the history of project development timeline, project selection process and proposed 2023 utility replacement. He said the overall size of the pavement network is about 1,400 lane miles, equivalent to driving I-94 across North Dakota four times. The pavement management software scores pavement conditions, he said, and the results from the condition survey performed in 2021 will be available soon. He shared data on pavement and concrete condition distribution, most of which is in the fair, satisfactory and good range; however, he said, some falls into the categories of failed, serious or very poor and require reconstruction. He said there are 1,500 miles of utility mains, which are storm sewer, sanitary and water, and data is collected on the condition of those. He said the number of water main breaks has been reduced.

In response to a question from Commissioner Strand asking about the environmental friendliness of concrete versus asphalt, Mr. Knakmuhs said both are recyclable and can be reutilized; however, he can look into which is more environmentally friendly.

Mr. Knakmuhs shared the history of the CIP categories and costs. In 2017 and 2018, the 50/50 cost share policy was in effect, he said; in 2019, it was 70/30 and in 2020 and 2021, the 80/20 policy was in effect. In the 2021 CIP there was $2.5 million in Prairie Dog funding, he said; however, none is expected in 2022 so there is more reliance on local funds. He outlined Federal Aid projects and funding buckets and he said the major project scheduled in 2022 is 32nd Avenue from 32nd Street South to 22nd Street South at a preliminary estimate of $15,895,701.00. Requests to NDDOT are made 5 years in advance of construction, he said. Three 2022 Utility Replacement and Street Reconstruction projects are proposed, he said, as are several flood protection projects. There is a series of pavement preservation projects scheduled to extend pavement life and to save money, he said.

City Engineer Brenda Derrig said areas are identified for storm sewer utility rehabilitation and she outlined the projects scheduled for 2022. Traffic and street light projects keep existing components running, she said, and new traffic signals or crosswalk devices are installed occasionally. Railroad quiet zones are managed within this category, she stated. New development projects include those within City limits supported with existing infrastructure, those that support previously constructed new development requests and requests that require some annexation, she said. Alley paving projects are 100 percent requested, she said, with one scheduled in 2022 at 9th to 10th Avenue North between 2nd and 3rd Street North. Collaboration efforts have been expanded to include items such as GO2030, the Core Neighborhood Plan and the Fargo Transportation Plan, she said and she shared a list of 87 items that will be evaluated for projects going forward.

Mayor Mahoney complimented the Engineering Department team on the excellent presentation of the $139 million worth of infrastructure projects around the City. He said it makes the citizens aware of all the work that goes into keeping up the infrastructure. He said it is good to have the schedule pushed ahead to give contractors a better idea of what is coming and having an elongated construction period could get better pricing.

Commissioner Piepkorn said the collaboration with Xcel Energy is also very good. He said having the bids going out earlier for the start of construction in the spring helps projects be done in a timely manner.

In response to a question from Commissioner Piepkorn asking about the number of flood projects remaining, Ms. Derrig said there are four or five buyouts left.

In response to a question from Commissioner Preston asking whether the City is keeping up with its maintenance needs, Mr. Knakmuhs said he feels the pavement survey will be the best gauge. As far as the amount of lane miles that need to be replaced, he said, if there were none to replace that would indicate being too aggressive. He said ideally it would be less than 10 percent and the City is at four percent, so that is good. He said Sioux Falls is at a similar percentage of backlog and he can share more examples when he returns in a couple months to discuss the results of the survey.

In response to a question from Commissioner Preston asking how many homes have issues with lead and cast iron pipes leading up to their homes, Mr. Knakmuhs said there is a great GIS dashboard showing every service in town and whether the portion is lead from the main to the curb stop or the curb stop to the house. He said about 1,000 services in the City have some component of lead. He said the Water Treatment Plant monitors the lead service lines to check levels and ways to be more proactive in replacement are being researched.

Commissioner Strand said in recent years the Board was inundated with concerns about disparities in special assessments; however, it seems concerns have been addressed. He said he hopes the shared approach of 80/20 can continue so individual property owners are not overly burdened.

In response to a question from Commissioner Gehrig asking about the chances of Prairie Dog funding from the State this year, Mr. Knakmuhs said if there are funds made available it will not be until the end of 2022 and used in the
2023-2024 CIP.

Commissioner Gehrig moved the proposed 2022 CIP Report and the 2023 Federal Aid and the 2023 Utility Replacement and Street Reconstruction projects be received and filed.

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

Civil and Prosecutorial Legal Services Awarded to the Serkland Law Firm: Staff Directed to Finalize Agreement Terms between the Serkland Law Firm and City, and Erik Johnson (Co-Counsel) and the City:
Assistant City Administrator Michael Redlinger said the City Commission on
October 4, 2021 authorized a Request for Proposals to solicit proposals from qualified law firms or individuals in providing civil or prosecutorial legal services. The RFP proposal was published and distributed locally and regionally, he said, and following the RFP submittal deadline of November 5, 2021, proposals for Civil Legal Services were received from the Serkland Law Firm and Prosecutorial Legal Services were received from the Serkland Law Firm and the Solberg Stewart Miller firm. He said in-person interviews were conducted on November 19, 2021 using a standardized question set and quantitative rankings. Recommendations were made to the Finance Committee on November 22, 2021, he said, and the Finance Committee approved the following recommendations for the City Commission’s consideration: Award the Civil Legal Services RFP and the Prosecutorial Legal Services RFP to the Serkland Law Firm and authorize City staff to finalize terms of the agreement with the Serkland Law Firm.

Jane Dynes, President of Serkland Law Firm, said she feels their proposal will meet the City’s needs with high quality representation and a smooth transition of legal and prosecutorial services with a priority on continuity of service. She said the proposed legal team would include City Attorney Nancy Morris (current Assistant City Attorney) and the Assistant City Attorneys would be Ian McLean, Jane Dynes, Kasey McNary, Alissa Farol (current Assistant City Attorney and City Prosecutor), William Wisher (current Assistant City Attorney and Chief City Prosecutor), Jim Maring and Erik Johnson (current City Attorney, to become Assistant City Attorney). She said the team will be joined by the entire Serkland Law Firm consisting of 11 attorneys, as needed, to meet the demands of the City. She said she is encouraged by the recommendation of the Finance Committee and hopes for good results.

Commissioner Strand said it is great to have such capable people working and assisting the City. For the future, he said, he hopes the options of developing the City’s own legal department will be a topic to vet.

Commissioner Piepkorn moved the Civil and Prosecutorial Legal Services be awarded to the Serkland Law Firm and direct staff to finalize agreement terms between the Serkland Law Firm and the City, and Erik Johnson (co-counsel) and the City.

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

At 6:37 p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Massage Therapy Establishment Program Approved: First Reading of an Ordinance Enacting Article 13-18 of Chapter 13 of the Fargo Municipal Code Relating to Massage Therapy Establishments:
Director of Environmental Health Grant Larson said he gave a presentation on the Massage Therapy Establishment Program at the November 15, 2021 City Commission meeting; however, action on the Program and the Ordinance was delayed for two weeks in order to revise the language of the Ordinance. He pointed out there is a gap between the ND Board of Massage Therapy, individuals and establishments. He said if this passes, it is the Environmental Health practitioners in his division who will do the inspections. He said his department was tasked with this due to the fact that they also inspect body art establishments and this is similar. He said they are not body art experts, they go in and check sanitation requirements, and they are experts at that. He emphasized unannounced inspections would never invade or impose on a private procedure or in a client’s space or privacy. He said in an email received from Moorhead City Manager Dan Mahli, he emphasized their program established and implemented in 2019 is working effectively to ensure public safety and enforce sanitary requirements. He said Moorhead charges $250.00 for an initial fee and annual fee of $125.00. He acknowledged and applauded those representing the massage therapy industry.
In response to a question from Commissioner Piepkorn asking about Moorhead’s experience, Mr. Larson said up front there was a lot of work for them and much discussion; however, since implementation there have not been a lot of repercussions from the industry or patrons. The City of Moorhead does license
in-home businesses, he said; however, Fargo is proposing not to do that and is looking at utilizing the Land Development Code, which regulates how many patrons can go into a home.

In response to a question from Commissioner Piepkorn asking whether from the law enforcement perspective is there an effect on the trafficking aspect, Chief Zibolski said such regulation would decrease human trafficking from occurring. He said from what he has seen in Wisconsin, in large part, cities that did not have an Ordinance had human trafficking. He said by virtue of putting this in place, legitimate businesses will be more secure and successful in eliminating illegitimate businesses. He said nationally, human trafficking massage parlor businesses are all over. Denver just passed an Ordinance, he said, due to Aurora, Colorado having passed an Ordinance a couple years prior and all the illegal businesses were going to Denver.

Commissioner Preston said she received many emails on the topic and there is a lot of passion behind the industry. She said as a nurse and person who uses a massage therapist, public safety needs to be kept in mind and patrons must know they are walking into a place with a licensed, credible, competent therapist. She said the intent with this is to get rid of illegitimate, unlicensed businesses.

Mayor Mahoney said as a physician himself, he encourages the massage therapists to remember they can do something he cannot, he can give meds and do surgery while they have a therapy where they can give healing to people and help them in many ways. He said the practice is adjunct to helping people heal. He said this is not to harm or disrespect the massage industry in any way, it is an Ordinance meant to help.

Commissioner Strand said human trafficking is a front burner issue and when this surfaced he deferred to the leaders in the field to help him understand. He said there needs to be a balance on how human trafficking is addressed and at the same time respecting the profession. He looks forward to learning more, he said, and he would like to see the Legislature in Bismarck address this.

Commissioner Gehrig said he does not know if this will be effective. He has not received any information on successes of such laws, he said, and until he sees evidence of effectiveness, he will not add more burden to small business owners.

Commissioner Preston moved the Massage Therapy Establishment Program be approved and an Ordinance Enacting Article 13-18 of Chapter 13 of the Fargo Municipal Code Relating to Massage Therapy Establishments be placed on first reading.

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

First Reading of an Ordinance Repealing Article 12-04 of Chapter 12 of the Fargo Municipal Code Relating to Wildlife Management Program-Regulations Delayed for 90 Days:
Commissioner Strand moved an Ordinance Repealing Article 12-04 of Chapter 12 of the Fargo Municipal Code Relating to Wildlife Management
Program-Regulations be placed on first reading.
Second by Preston.

Commissioner Gehrig moved First Reading of the Ordinance Repealing Article 12-04 of Chapter 12 of the Fargo Municipal Code Relating to Wildlife Management Program-Regulations be tabled for six months.
Second by Piepkorn. On call of the roll Commissioners Gehrig and Piepkorn voted aye.
Commissioners Preston, Strand and Mahoney voted nay.
The motion was declared lost for the lack of a majority.

Commissioner Gehrig said there is no advantage to repealing this now versus six months from now. The advantage to waiting would be to allow discussion, he said, and gather more data.

Commissioner Piepkorn said to repeal this would mean there is no Wildlife Management Plan, then later, when things get bad enough the public will ask for action. He said the reason there is not a problem now with deer is because a program exists to manage the deer population. When it becomes a problem in the future, he said, there could be the need to spend $200,000.00 as another city did on sharpshooters rather than have local archers harvest the deer and give the meat to food pantries. He said he feels this action is shortsighted.

Commissioner Preston suggested if Commissioner Piepkorn is interested in a Wildlife Management Program, that he contact the ND Game and Fish Department, as deer that come in the City along the river are coming in from outside the City. She said she agrees there is a need for a program; however, this does not seem to be sufficient, so there needs to be something that really works.

Commissioner Gehrig said there is no proof the program is not working, just as there is no proof in saying the program is dangerous now. He said this is all conjecture, with no evidence to back it up.
Commissioner Strand said it is truthful to say there are people who do not weapons being discharged in the City, just as people do not want to live in a City with gun shops in their neighborhood. He said he would like to know more about other programs such as wildlife contraception and other broader views.

Commissioner Piepkorn said he is willing to chair a committee that includes representation from the Park District and the ND Game and Fish to find out all the options and costs. There is a census on deer numbers, he said, and he feels there is more to this, such as the huge greenspace coming with the FM Diversion.

Mayor Mahoney said the Police Chief did try to work with the Park Board and ND Game and Fish. He said perhaps this program could be moved from the Police Department to the Park Board and wildlife experts. It needs to be discerned how many deer there are, the best way to implement it and have all options been considered to separate arrows from people so residents can enjoy the parks, he said. Perhaps the parks could be closed for two weeks to get a hunt done, he said, he would like every option explored.

Commissioner Preston said the Police Department has spent a lot of time and energy on the issue and she does not see pulling them into another conversation. She said Commissioner Piepkorn could organize a committee and take it from there.

Mayor Mahoney relinquished the Chair (Deputy Mayor Piepkorn presiding) to move First Reading of the Ordinance Repealing Article 12-04 of Chapter 12 of the Fargo Municipal Code Relating to Wildlife Management Program-Regulations be delayed for 90 days to allow Commissioner Piepkorn time to organize a Committee to explore further options.
Commissioner Piepkorn relinquished the chair to second the motion (Commissioner Gehrig presiding). On call of the roll Commissioners Mahoney, Piepkorn, Strand and Gehrig voted aye.
Commissioner Preston voted nay.
The motion was declared carried.

Commissioner Gehrig returned the Chair (Mayor Mahoney presiding).

On call of the roll on the original motion as amended Commissioners Strand, Piepkorn, Gehrig and Mahoney voted aye.
Commissioner Preston voted nay.
The motion was declared carried.

Second Reading and Final Adoption of an Ordinance Enacting Sections 5-0400 Through 5-0411 of Article 5-04 of Chapter 5 of the Fargo Municipal Code Relating to the City of Fargo Police Advisory and Oversight Board:
Commissioner Strand moved to waive second reading at length of an Ordinance Enacting Section 5-0400 through 5-0411 of Article 5-04 of Chapter 5 of the Fargo Municipal Code Relating to the Fargo Police Advisory and Oversight Board.

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

City Attorney Erik Johnson said the waiving of the reading at length needs to be approved unanimously and if not, it would need to be read at length now or scheduled for a time to be read. Frequently when a nay vote is expected on the substance of an item, the motions are separated, he said, and normally everyone agrees to waiving the second reading and then a second vote is taken on the substance of the Ordinance, which is actually second reading and final passage.

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

Commissioner Strand moved that the proposed Ordinance Enacting Sections 5-0400 through 5-0411 of Article 5-04 of Chapter 5 of the Fargo which was placed on its first reading November 15, 2021 be now placed on its second reading and a vote taken on the question of its final passage and adoption.

Second by Preston. On call of the roll Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
There was unanimous consent to waive reading of the Ordinance in its entirety and no one was present to request that the Ordinance be read.
On the vote being taken on the question of the final passage and adoption of the Ordinance Commissioners Preston, Strand and Mahoney voted aye.
Commissioners Gehrig and Piepkorn voted nay.
The Ordinance was duly passed and adopted.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Gary and Margaret Stende, 1338 3rd Street North (5 year).
b. Derek and Kellie Hanson, 2311 Lilac Lane North (5 year).
c. James and Patricia Deutsch, 3105 9th Street North (5 year).
d. Michael and Lesa Lemoine, 2124 10th Street South (5 year).
e. Stephen Illing, 2850 Hickory Street North (5 year).
f. Troy and Sydney Knutson, 230 Prairiewood Drive South (5 year).
g. Gregory and Gretchen Byer, 1720 Whitestone Circle South (5 year).
h. Melissa Bossman and Steven Tedford, 2541 Par Street North (5 year).
i. Karl and Carol Berg, 2509 10th Street North (5 year).
j. Angela Rockwell, 1929 17th Street South (5 year).
Commissioner Piepkorn moved the applications be approved.

Second by Gehrig. On call of the roll Commissioners Piepkorn, Gehrig, Preston, Strand 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 13, 2021.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:10 o’clock p.m.