Board of City Commissioners - August 23, 2021 Minutes

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Room at City Hall at 5:00 o'clock p.m., Monday, August 23, 2021.
The Commissioners present or absent were as shown following:
Present: Gehrig, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: City Hall will be illuminated in purple on August 31st in recognition of International Overdose Awareness Day; the Library is hosting the 2021 Northern Focus Photography Exhibit through September 30th; Beginner Yoga sessions continue Thursday evenings at the Carlson Library; the 2021 One Book, One Community title is “Everything You Wanted to Know about Indians but Were Afraid to Ask;” fall/winter hours at the Library start September 7th; Fargo Planning Commission Chairman Rocky Schneider was named Citizen Planner of the Year for 2021; and videos were shown highlighting successful projects in the Inspections Department, the installation of the Sandbagger Arch and Director of Diversity, Equity and Inclusion Dr. Terry Hogan.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved, moving Item No. “2” from the Consent Agenda to the Regular Agenda.

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 August 9, 2021 be approved as read.

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

Consent Agenda Approved:
Commissioner Gehrig moved the Consent Agenda be approved as follows:
1. Receive and file an Ordinance Amending Section 08-0304, 08-0320 and 08-0323 of Article 08-03 of Chapter 8 of the Fargo Municipal Code Relating to Registration Card to be Carried in the Driver’s Compartment – Inspection of Card, Driving Without Liability Insurance Prohibited and Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.
2. Receive and file an Ordinance Enacting Section 08-1220 of Article 08-12 of
Chapter 8 of the Fargo Municipal Code Relating to Overtaking and Passing a Bicycle, Amending 8-1424 and 8-1411 of Article 8-14 of Chapter 8 of the Fargo Municipal Code Relating to Yielding and Stopping while Operating a Bicycle on a Roadway and Obedience to Traffic-Control Devices, and Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations (moved to the Regular Agenda).
3. Findings of Fact and Order, and Notice of Entry of Order for property at 711 10th Avenue North.
4. Applications for Games of Chance:
a. Fargo South High School for a calendar raffle from 8/27/21 to 2/15/22.
b. Fargo Davies High School for a calendar raffle from 8/27/21 to 5/28/22.
c. Fargo Davies High School for a calendar raffle from 11/23/21 to 2/12/22.
d. Nativity Church of Fargo for bingo and a raffle on 11/7/21.
e. Red River Zoological Society for a raffle on 11/1/21.
5. Extension of the Class “A” Alcoholic Beverage License for Irish Hospitality d/b/a Hennessey’s Irish Pub until 2/21/22.
6. Change Order No. 5 for an increase of $29,870.50 for Project No. FM-16-A1.
7. Milestone No. 2 (Change Order No. 2) for a time extension to modify the installation of the precast wall façade to 10/15/21 and the completion of the wear course paving on Ash Street to 10/1/21 for Project No. FM-19-F1.
8. Grant award to the FARGODOME from the SBA for the Shuttered Venue Operators Grant (CFDA #59.075).
9. Receive and file Financial Status Report Year to Date ending 7/31/21 for major operating funds (unaudited).
10. Receive and file General Fund – Budget to Actual through July 2021 (unaudited).
11. Contract Agreement for Services with Community Uplift Program.
12. Contract Agreement for Services with Dacotah Foundation.
13. Contract Agreement for Services with Southeast Human Service Center.
14. Contract Agreement for Services with the American Lung Association.
15. Agreement for Services with Thomas Matson Collier III.
16. Subrecipient Agreement with Family HealthCare.
17. Second Amendment to Lease Agreement with First Center South, LLC.
18. Agreement with Lisa Wise Consulting, Inc. for professional consulting services for Land Development Code Diagnostic (RFP19079).
19. Sole Source Procurement with LexisNexis in the amount of $59,290.00 for the DORS Online Reporting System (SSP21138).
20. Authorization to extend the Services Agreement Code Enforcement Sidewalk Snow and Ice Removal Services to All-Terrain Grounds Maintenance and Valley Green & Associates for the 2021-2022 winter season (RFP18267).
21. Bid award to SCS Field Services/SCS Engineering in the amount of $444,239.00 for Project No. SW21-01.
22. Grant award from the ND Department of Transportation State Aid for Public Transit Agreement for 2022.
23. Bills in the amount of $15,050,875.59.

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

Contract Amendment No. 5 for Improvement District No. MS-17-A0 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee stating Contract Amendment No. 5 is for additional costs for amending the Traffic Operations Report, the environmental document and adding on final design services for the roundabout at Sheyenne Street.
Commissioner Gehrig moved Contract Amendment No. 5 with Houston Engineering in the amount of $58,905.00 for Improvement District No. MS-17-A0 be approved.

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

Purchase Agreement with Keith A. Ernst and Raymond P. Vogle, as Trustees of the Fred M. Hector Jr. Revocable Trust Approved (Improvement District No. FP-19-A1):
The Board received a communication from Land Acquisition Specialist Shawn Bullinger stating a final purchase price has been reached for the acquisition of a property in association with Improvement District No. FP-19-A1.__
Commissioner Gehrig moved the Purchase Agreement with Keith A. Ernst and Raymond P. Vogle, as Trustees of the Fred M. Hector Jr. Revocable Trust in association with Improvement District No. FP-19-A1 be approved.

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

Purchase Agreement with Keith A. Ernst and Raymond P. Vogle, as Trustees of the Fred M. Hector Jr. Revocable Trust Approved (Improvement District No. UN-20-B1):
The Board received a communication from Land Acquisition Specialist Shawn Bullinger stating a final purchase price has been reached for the acquisition of a property in association with Improvement District UN-20-B1.
Commissioner Gehrig moved the Purchase Agreement with Keith A. Ernst and Raymond P. Vogle, as Trustees of the Fred M. Hector Jr. Revocable Trust in association for Improvement District No. UN-20-B1 be approved.

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

Resident Comments:
John Connell spoke about the Police Department, Will Thompson and Wess Philome spoke about the ward system of government and Grace Sumbwa spoke about the International Africa Restaurant and Nightclub.

Renaissance Zone Project for DFI BD LLC Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for DFI BD LLC for a rehabilitation project at 122 Broadway.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.

The Board received a communication from Planning Director Nicole Crutchfield stating the Renaissance Zone Project application presented by DFI BD LLC meets all of the minimum criteria set forth in the Renaissance Zone Plan and is consistent with the established goals and objectives. She said the project will rehabilitate the existing building to improve the basement and west portion of the first floor for future retail tenants, the east first floor will be completely remodeled to accommodate a financial institution and the second floor will be improved for future tenants at 122 Broadway.
Commissioner Preston asked to abstain from voting due to the fact that she is an investor in the project.
Commissioner Piepkorn moved the Renaissance Zone application filed by DFI BD LLC for a project located at 122 Broadway be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority.

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

Application to Transfer the Alcoholic Beverage License from Drunken Noodle d/b/a Wasabi Poke Bowl to Wasabi Poke Bowl LLC d/b/a Wasabi Poke Bowl Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "F" Alcoholic Beverage License from Drunken Noodle d/b/a Wasabi Poke Bowl to Wasabi Poke Bowl LLC d/b/a Wasabi Poke Bowl at 560 2nd Avenue North 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 transfer is due to an ownership change.
Commissioner Piepkorn moved the application be approved.

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

Application Filed by Sickies ND, Inc. d/b/a Sickies Garage Burgers & Brews for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Sickies ND, Inc. d/b/a Sickies Garage Burgers & Brews for a Class "FA" Alcoholic Beverage License at 2551 45th Street South, Suite 101, 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 second location in Fargo for Sickies, which will be located in the former Old Chicago restaurant.
Commissioner Piepkorn moved the application 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.

Discussion Regarding 32nd Avenue South Construction Project:
Gregg Robbins, owner of Pinch & Pour at 2603 Kirsten Lane South, said he operated his business Downtown for several years and recently relocated to the 32nd Avenue South area due to construction, snow removal and parking issues Downtown. He said he only recently found out about the construction project on 32nd Avenue South, no one from the City talked to business owners about it and after COVID-19, he is just trying to recoup and get some momentum. He is concerned the construction project planned for 2022 will be detrimental to his businesses’ recovery, he said, and customers will not be able to get to his business. He said other business owners in the area have the same concerns and he is asking the City to consider changing the construction schedule. Instead of starting at 32nd Street South and moving east towards University Drive, could the City start the project on University Drive, he said, and move west towards 32nd Street, which would give his business a couple of years to recover. There is also an issue with walkability, he said, especially where Taco Johns and Subway are located on 27th Street where there also are two bus stops, one on each side of the street, and the City wants to put in a three-quarter access when what is needed is a stoplight. When construction starts, he said, traffic will be rerouted around his business and he will be boxed in. Businesses are trying to recover, he said, and with a new Chase Bank, Chipotle and Caribou opening in the area, traffic numbers will increase. He said the owner of the Southpointe Center strip mall also did not know about the project and received no communication from the City. There were two public meetings in August 2020 for public comment, he said; however, with the pandemic and businesses closing, he does not subscribe to the newspaper and he did not see the notices. He said he did finally get in touch with Engineering and was told any changes to the project would be up to the City Commission.

In response to a question from Commissioner Preston asking how project phasing was decided, Transportation Division Engineer Jeremy Gorden said this is a federal project and the City learned in 2018 it would receive funds for the project in 2021. He said interchange work was done in 2018 and the road condition to the west of that project is in bad shape, which is why it was decided to start the project on the west and move east. It is too big of a project to do in one season, he said.

In response to a question from Mayor Mahoney asking about federal funding, Mr. Gorden said $4.5 million was awarded for the first phase of the project and in two years there will be $7.5 million to finish the project to University Drive, .

In response to a question from Commissioner Preston asking how businesses were contacted, Mr. Gorden said since this is a federal project everything goes through the Department of Transportation’s procedures. He said Press Releases were sent and notices were published in the newspaper and he agrees it is difficult to read the newspaper these days. Flint Communications was involved, he stated, notices went out on Twitter, the City of Fargo and Fargo Streets Facebook pages and an ad about the public meetings was placed on Facebook by using geo-fencing around the project, which saw 250,000 scrolls and 400 clicks. It is very difficult these days to reach out and connect to people, he said; however, Engineering did try.

In response to a question from Mayor Mahoney about stoplights and maintaining traffic in construction areas, Mr. Gorden said for stoplights, the ideal spacing is a quarter mile, plus or minus 1,200 feet. From 28th Street South to 25th Street South, where there are stoplights, it is 1,400 feet, which is a good number, he said. If a stoplight is placed at 27th Street South, he said, it would be only 600 feet from the 28th Street stoplight and 800 feet from the 25th Street stoplight; therefore, the spacing does not work. He said the next best option is a three-quarter access, which does not limit access coming in, yet prevents left out turns, which are the most dangerous for T-bone angle crashes. Due to the fact that 32nd Avenue South is an arterial road, he said, two lanes of traffic will be maintained through the construction zone and signage directing drivers to businesses will be placed.

In response to a question from Commissioner Gehrig asking if it makes sense to flip the project, Ms. Derrig said Engineering would have to look at a shortened project and move the termini between projects. She said design work has started on the west side and to flip it, the design process would have to stop in order to start designing a new section, where Engineering has not had detailed discussions with the Commission on what that section would look like. Flipping would also delay the bid opening to very late spring, she said, which typically impacts project costs.

In response to a question from Mayor Mahoney asking if Engineering has heard from other business owners, Mr. Gorden said they have not.
Commissioner Gehrig said businesses between University Drive and 25th Street are also recovering and flipping the project would also negatively impact those businesses.

Ms. Derrig said Engineering will come back to the City Commission to ask for incentives for the project, to expedite it and to minimize the impact. She said incentives are done on all arterials to help get the traveling public back on the road and to minimize the impact to businesses.

Commissioner Preston said she is a walkability advocate and feels like this project was rushed. The redesign of Broadway took a long time, she said; however, it involved the impacted businesses and she understands with this project, more than likely due to COVID-19, there was not a good opportunity for that involvement to happen. She said in the future the City needs to think about the long-term plan to try to make things more walkable by slowing down and calming traffic.

Ms. Derrig said there were many things considered when looking at the 32nd Avenue South corridor and with the limited right-of-way, Engineering was focusing on the boulevard trees and how to save them. She said there will be more flexibility for calming options as the project moves east.

Commissioner Piepkorn said this topic has come through the City Commission several times, it has been on the agendas, there have been two public comment periods and multiple opportunities for discussion. To say business did not know is hard for him to believe, he said, and a business owner needs to be aware of their surroundings.

Mayor Mahoney asked Engineering to work with business owners and reconsider how the City communicates with business owners, including sending individual letters.

Presentation from Municipal Airport Authority on 2022 Capital Improvement Plan:
Airport Executive Director Shawn Dobberstein said Hector International Airport is planning many projects over the next several years, including a passenger terminal expansion possibly starting in 2023. Before the terminal project could begin, he said, other projects totaling $19,690,000.00 are planned in 2021-2022. He said the Municipal Airport Authority (MAA) is short $11,940,000.00 for those projects and plans to pursue federal and state grants to cover the shortfall. He said a local share for the projects is also required. Some of the projects for 2021 included the construction of a new snow removal equipment facility and parking lot improvements. He said a new parking lot exit plaza is planned in 2022 along with the addition of an east economy parking lot. Other new projects nearing completion this year include the North Dakota National Guard Operational Readiness Center, a UPS sorting facility, a hangar for Bemidji Aviation and nearly 17 acres of new concrete for a cargo apron area. In the north general aviation area, he said, the Fargo Jet Center is planning a hangar and office expansion project in 2022. In the south general aviation area, he said, which includes the previous Hector Airport terminal, the terminal building roof will be replaced in 2022 along with concrete apron rehabilitation and construction of the 119th Wing Operations Center is slated for completion in 2023. He said the list of other projects underway in 2021-2022 are a terminal area study, an HVAC pathogen mitigation project, security access control system updates, a glycol pump station and force main, additional snow removal equipment and an airport property environmental clearance review. Another major project in the coming year is a $7 million project to replace the concrete apron where aircraft park, he said, due to the fact that the concrete, which was installed in 1985, is at the end of its life. He said Airport boardings have been growing over the years, and in June and July this year, boardings were the second highest they have ever been in the summer months. He said in July, there were 42,871 passengers, only 1 percent lower than July 2019, which was a record month of 43,437 passengers. However, in the past 25 days or so, he said, airlines have been reporting more cancellations due to COVID-19 and other uncertainties.

Commissioner Strand said as the City and the Airport Authority move toward an independent MAA to oversee operation of the Airport, which has been a contentious issue for several years, that move should also mean an end to any financial aid from the City to the MAA and it should be a clean separation.

Mr. Dobberstein said ending financial aid from the City will delay projects.

Mayor Mahoney said the Airport levy is used only for construction or capital projects, not internal operations, and it is built into the MAA’s short- and medium-range plans. He said the Airport funding is part of the City’s budget, which faces final approval in the near future and said the funding for the Airport should not be pulled out of the budget.

Commissioner Gehrig said the levy for the Airport has been steady at two mills for many years and it is a normal procedure.

Mr. Dobberstein said the Airport budget was a part of the Mayor's budget with all of the details submitted about the MAA’s revenue and spending.

Commissioner Preston said there should be a better process to discuss the Airport budget and operations.
Commissioner Strand moved to end the two-mill property tax levy in the City’s budget used for improvement projects at the Airport.

Second by Piepkorn. On call of the roll Commissioners Strand and Piepkorn voted aye.
Commissioners Gehrig, Preston and Mahoney voted nay.
The motion was declared lost for the lack of a majority.

At 6:41 p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Phase III of the City’s Drought Management Plan Effective August 24, 2021 Approved:
City Administrator Bruce Grubb said at the July 26th City Commission meeting, it was approved to move to Phase II of the City’s Drought Management Plan. He said the Water Treatment Plant (WTP) Control System Drought Monitoring Summary as of August 20th showed a jump of more than one point out of a total of four points in 30 days, which is concerning. Fargo’s WTP relies on stream flows from the Red and Sheyenne rivers, he said, and over the past 30 days, there have been drastic changes in the flows. He showed a chart of stream flow levels in the Red River showing a marked decline from almost 3,000 cubic feet per second (cfs) in April 2021 to 81 cfs on August 17th. He said it is important to note both Fargo and Moorhead take water from the Red River. A chart of the Sheyenne River stream flow shows a similar alarming decline, he said, from nearly 350 cfs in mid-June 2021 to 34.8 cfs on August 17th. He said the Orwell Dam Reservoir near Fergus Falls, MN on the Ottertail Chain of Lakes, which feeds the Red River, was measured on August 19th at 1,032.05 feet, compared to a top of dam number of 1,080 feet. The Bald Hill Dam was measured on August 19th at 1,223.15 feet, he said, compared to top of dam numbers of 1,278.5. He said City water demands are categorized as essential and non-essential, with essential including indoor use, consumption, hygiene, etc., and requires about 65.3 gallons per capita per day. Non-essential or outdoor water use accounts for 21.8 gallons per capita per day, he said. Due to the continued drought, he said, the recommendation is for the City to move to Phase III of the Drought Management Plan, which would ban odd/even lawn watering and allow one-day-a-week lawn watering, with mandatory bans on other outdoor uses such as hydrant flushing and vehicle washing. He said the one-day-a-week lawn watering would coincide with a resident’s garbage pickup day. Fargo has a contingency plan with three surface water permits, he stated, including a permit for 35,880-acre feet per year of water from Lake Ashtabula. He said the use of that permit requires coordination with Baldhill Dam, the U.S. Army Corps of Engineers and the North Dakota State Water Commission. Fargo, West Fargo and Grand Forks all have a water storage allocation from Lake Ashtabula, he stated, and the three cities are in coordination to release those allocations at the same time.

Commissioner Piepkorn said when he looks at what is happening, he agrees it is good to be cautious; however, he thinks the City is looking backwards considering rainfall is in the forecast.

Water Utility Director Troy Hall said after the recent rain, the Red River flows did jump briefly from 80 cfs to more than 300 cfs; however, the flows are back down to 80. He said river levels rise briefly after a rain; however, the Ottertail Watershed is so depleted there is a lot of ground to make up before streams start to flow again.

In response to a question from Commissioner Gehrig asking what is the penalty if someone is caught watering on the wrong day, Mr. Grubb said a notice to comply is issued first, and if that does not work, there is an Ordinance similar to the sump pump hose violation where there is a nominal fine. Extreme cases could include water shut offs and up to a $1,000.00 fine.

In response to a question from Commissioner Gehrig asking during Phase II if there was a reduction, Mr. Hall said there was a 3 percent reduction; however, not the 5 to 10 percent he had hoped to see.

In response to a question from Commissioner Preston asking how this information will be communicated to residents, Mr. Grubb said news releases will be sent out as well as postings on social media and the City’s website.
Commissioner Preston moved that Phase III of the City’s Drought Management Plan be approved effective August 24, 2021.

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

Status Update on Implementation of a Ward System of Governance:
City Attorney Erik Johnson said at the July 12, 2021 City Commission meeting, he was directed to draft a Resolution for either an Ordinance or an Amendment to the City’s Home Rule Charter to establish four wards within the City, which would require the City Council members from each ward to be residents of the ward. He said the motion stated if said Resolution was adopted, the question would be placed on the ballot at the next regular City election in June 2022. He researched the issue, he stated, including State law provisions outlining the process for a change of form of government. He said Fargo’s Home Rule Charter includes the power “to provide for change, selection or creation of its form and structure of government including its governing body, executive officer and city officers.” Home Rule Charter provisions must be implemented by Ordinance, he said, and the City does not have an Ordinance in place that would provide the method for a change of government to occur; therefore, it is necessary for the City Commission to enact an Ordinance setting forth the procedure by which the form of government may be changed. He said he will prepare an Ordinance for the City Commission to consider, and once the Ordinance is enacted, he will present a Resolution for consideration that would cause the question to be placed on the June 2022 election ballot.

In response to a question from Commissioner Strand asking if a Task Force will vet this Ordinance, Mayor Mahoney said a Task Force will be discussed after the budget is completed.

In response to a question from Commissioner Preston asking what will be in the Ordinance, Mr. Johnson said the Ordinance will parrot State statute and will ask if voters want a council form of government or not.

Commissioner Preston said if this moves ahead to a Charter Commission, there needs to be a foundation of understanding, which was skipped last time.

Commissioner Gehrig said having a draft of something is important, which is the reason the City Commission directed Mr. Johnson to draft the Ordinance. He said once the Ordinance is drafted, it can go to a Task Force or Charter Commission and that is what they will debate. Rather than having a nebulous idea, he said, an actual document with specific information to debate will move along the process in an orderly fashion.

Mr. Johnson said what he will draft is a procedural Ordinance to change the form of government and only after the Ordinance is approved would the City Commission move forward with a Resolution. The July 12th vote was not a vote to put this on the ballot, he said, and members of the Commission will be able to vote for or against the Ordinance.

Recommendations for Support of the Red River Regional Dispatch Center Approved:
Fire Chief Steve Dirksen said in 2003, Fargo, Moorhead, Cass County and Clay County established a joint dispatch center and at that time, the combined population of Cass and Clay counties totaled 174,367. He said the 2020 census reports the combined population of the counties is now 249,843 and with the addition of more than 75,000 people to the region over the past 18 years, the call volume into the Red River Regional Dispatch Center (RRRDC) has increased and requires additional counsels and staff to serve the citizens. The current site has eight dispatch counsels with a current need for 10 at peak times and the need to grow to 14 or more counsels within the next 10 to 15 years, he said. A committee has been working on the next steps for the Center for the past three years, he said, and after discussions with City and County administrators as well as elected officials, there is strong support from all entities to move forward with building a new RRRDC to serve the area for the next 50 years. He said he is seeking City Commission support for building new or renovating an existing building to house the RRRDC, support Cass County as the fiscal agent for the project and to agree with the Joint Selection Committee’s recommendation to hire Short, Elliot, Hendrickson Architectural Firm for architectural design services.
Commissioner Piepkorn moved the recommendations for support of the Red River Regional Dispatch Center be approved, as presented.

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.

COVID-19 Update:
Public Health Director Desi Fleming said as of today there are 347 active cases in Cass County and cases are approaching surges from May 2020 and April 2021. She said the 14-day test positivity average in Cass County is 5.4 percent and hospitalizations statewide are increasing. She said there were four deaths last week in Cass County and most cases now are being seen in the 30-39 age group, followed closely by the 20-29 age group. Cases in children under age 18 are up 25 percent, she stated, and almost all counties in North Dakota are deemed high transmission areas by the Centers for Disease Control. She said the delta variant is the only strain showing increased numbers. North Dakota vaccination rates are well below the national average, she said, and the lowest vaccination rate in North Dakota is the 20-29 age group, which is concerning going into a school year and weather changes keeping people indoors. She said less than 1 percent of fully vaccinated people have been infected, with the majority of infections happening in the unvaccinated. Pfizer recently received full FDA approval, she said, and she is hopeful the approval will boost vaccine numbers. She said she is hopeful people in Cass County will continue the layered approach to safety, including vaccines, masks, hand washing and social distancing.

In response to a question from Commissioner Strand asking if the North Dakota Legislature initiated limitations on the Governor’s office regarding mask mandates, Ms. Fleming said it did and now mandates must come from the local levels.

Board of Health President Chelsey Matter said vaccine levels in North Dakota are not where the Board wants to see them and she is hopeful the FDA approval of the Pfizer vaccine will push more people to get vaccinated. She said in many parts of the country, infection rates are back to November 2020 levels and that seems to be heading toward the Midwest; therefore, she encourages everyone to follow CDC guidelines for masks, hand washing and social distancing. She said 20-40 year olds right now have the highest rate of hospitalizations.

Mayor Mahoney said the dynamics have changed, including the State had enough healthcare capacity in November 2020; however, now there is a worker shortage and if the surge continues, there will not be enough healthcare space.

Letter from Board of Health Regarding COVID-19 Received and Filed: City of Fargo Temporary Employment Policy for COVID-19 Prevention Measures and Public Statement Encouraging Businesses and Employers to Consider Similar Actions Approved:
Commissioner Preston said City Administration, Commissioners and Board of Health members are recommending a temporary employment policy for City employees, encouraging employees to be vaccinated and requiring all employees to wear masks, and those entering the public buildings are strongly encouraged to wear masks. She said masks will be available at the doors for visitors.

Mayor Mahoney said if the CDC transmission levels drop, the policy could change.

Commissioner Gehrig said the issue should be discussed at least once a month in order to vote it up or down.

In response to a question from Commissioner Piepkorn asking why vaccinated people should wear a mask, Dr. Newman said there are breakthrough cases in vaccinated people; however, those who are vaccinated are much less likely to get a severe illness, be hospitalized or die. She said the delta variant is highly contagious and even vaccinated people can carry higher loads and transfer it to other people.

Commissioner Strand said he prefers to err on the side of caution and science needs to be the guide. He said no one wants to wear a mask; however, it is about saving lives and he commends the Fargo School Board for its courage in making the right decision for children and the public.

Commissioner Gehrig said he spoke to Fargo School Board members and asked if there were no mask mandate, how many children would get sick, hospitalized or die, and he was told “we do not know.” He said if it cannot be quantified a mask mandate is not doing anything. Masking hurts children socially and developmentally, he stated.

Commissioner Strand said let the science speak for itself. He said the City has experts in Public Health and why have them if the Commissioners are not going to listen to them.

Commissioner Gehrig said more children died from the flu than COVID-19 and there was not a mask mandate for the flu; therefore, science is not followed for the flu.
Commissioner Preston moved the letter from the Board of Health regarding COVID-19 be received and filed and the City of Fargo Temporary Employment Policy for COVID-19 Prevention Measures and a public statement encouraging businesses and employers to consider similar actions be approved.

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

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Scott and Kathleen Woken, 2834 33rd Street South. (3 year).
b. John and Maria Balintona, 1437 8th Street South. (5 year).
Commissioner Piepkorn moved the applications be approved.

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

Ordinance Relating to Classification of Ordinance Violations (Yielding and Stopping While Operating a Bicycle) to be Placed on First Reading at the Next Regular Meeting of the Board (Moved from the Consent Agenda):
City Attorney Erik Johnson said recent Legislative changes have prompted the need for Amendments to Fargo Municipal Code. He said unless exempted, a bike rider must follow the same rules of the road as a driver of a motor vehicle. The new State law requires a similar Fargo Municipal Code Section which allows a bike to be exempt from coming to a complete stop at stop signs in some circumstances, he said. In addition, he said, the State Legislature passes a law that requires motorists to maintain at least three feet when passing a bike on the roadway. This State Law requires creation of Fargo Municipal Code 8-1220, he said, and the penalty for violating the Ordinance is noncriminal and a $40.00 fine.

Commissioner Piepkorn said he requested this item be moved from the Consent Agenda to the Regular Agenda due to the fact that it concerns him that a special group of people now do not have to follow traffic rules. He said he understands the Legislature passed this and the City is just following; however, now it seems there are certain people who are more important than others and the Legislature should be ashamed.
Commissioner Gehrig moved the Ordinance Enacting Section 08-1220 of
Article 08-12 of Chapter 8 of the Fargo Municipal Code Relating to Overtaking and Passing a Bicycle, Amending 8-1424 and 8-1411 of Article 8-14 of Chapter 8 of the Fargo Municipal Code Relating to Yielding and Stopping while Operating a Bicycle on a Roadway and Obedience to Traffic-Control Devices, and Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations be received and filed and placed on first reading at the next Regular Meeting of the Board.

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

Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Tuesday, September 7, 2021.

Second by Preston. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:35 o’clock p.m.