Board of City Commissioners - August 9, 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 9, 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: August is National Immunization Awareness Month; the Fargo Public Library has the 2021 Northern Photography Exhibit at the Downtown Library, will have a booth at the Pride in the Park event August 14th at Island Park and the “Tails and Tales” Summer Reading Challenge continues through August 21st; the Police Department released a Professional Accountability Unit Mid-Year Report; the Fargo Police Department Academy graduated 14 students on August 6th; and a video was shown of the
12-week training course and featured some of the PD’s newest employees.
Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved, moving Item No. “1” from the Consent Agenda to the end of the Regular Agenda.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.
Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on July 26, 2021 and the Minutes of the Special Meeting of the Board held on July 27, 2021 be approved as read.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
Consent Agenda Approved.
Commissioner Preston moved the Consent Agenda be approved as follows:
1. Findings, Conclusions and Order of the Board of City Commissioners of the City of Fargo regarding the License Suspension of the International African Restaurant and Nightclub, LLC (moved to the Regular Agenda).
2. Draft “Spirit of the Sandbagger” Artwork Donation Agreement with the Fargo Lions Club, subject to further negotiations and provisions by the parties.
3. Applications for Games of Chance:
a. Brooks Theisen Benefit for a raffle on 9/18/21; Public Spirited Resolution.
b. Sts. Anne and Joachim Catholic Church for a raffle on 11/14/21.
c. YWCA Cass Clay for a raffle on 9/2/21.
4. Doyle’s Yellow Checker Cab, Inc. rate change.
5. Pledged securities as of 6/30/21.
6. Milestone No. 3 (Change Order No. 1) for a time extension to remove construction of the earthen levee from the 60 calendar day timeframe.
7. Payment to Xcel Energy in the amount of $64,620.78 for the installation of three phase power and a transformer for the new storm sewer lift station.
8. Encroachment Agreement with Urban Crossing Apartments, LLP.
9. Purchase Agreement, Easement (Temporary Construction Easement), Permanent Easement (Levee for Flood Control), License Agreement and Declaration of Restrictive Covenant with Richard Robert Jordahl and Leanne Jordahl (Project No. FM-19-A).
10. Eighth Amended Lease Agreement with North Dakota State University.
11. State Water Commission request for cost reimbursement for the FM Metro Area Flood Risk Management Project for costs totaling $5,862,311.78.
12. Agreement for Services with AE2S Communications to expand the “EveryBody” Campaign.
13. Notice of Grant Award - Restricted Funding with the ND Department of Environmental Quality for public water supply supervision program-EPA Block (CFDA #66.605).
14. Community Faculty Contract (Hospital/Clinic with Single Contract) with University of North Dakota School of Medicine and Health Sciences.
15. Resolution Approving Plat of Peterson Addition (Attachment “A”).
16. Application for Appropriation from Civil Asset Forfeiture Fund to purchase a 1-year software and maintenance agreement from Leica Geosystems.
17. Amendment No. 1 to the Energy Conservation Program Grant Agreement with the ND Department of Commerce for Energy Conservation Grant funds for the Police Headquarters Project (RFP20064).
18. Direct the City Forester to work with the City Attorney to revise the recommended Ordinances to conform with the Tree Ordinance Task Force’s recommendations.
19. Bid award to Paradigm Software for hardware/software/time/support in the amount of $64,459.96 for the east landfill scale house Project No.
SW 20-01.
20. Bid award to R.J. Zavoral and Sons, Inc. in the amount of $1,182,810.00 for Cell 20 Waste Excavation Project No. SW 21-02.
21. Bid award to PKG Contracting Inc. in the amount of $805,600.00 for Ozone System Improvements – Lime Softening Water Treatment Plant Project
No. WA2055.
22. Bills in the amount of $12,812,442.75.
Second by Gehrig. On call of the roll Commissioners Preston, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Preliminary Engineering Reimbursement Agreement with the North Dakota Department of Transportation Approved (Improvement District No. BR-23-A1):
The Board received a Report of Action from the Public Works Projects Evaluation Committee regarding a “Preliminary Engineering Reimbursement Agreement” from the NDDOT for the Main Avenue Street Reconstruction Project slated for 2023. They said Main Avenue is on the National Highway System and the funding split is typically 80 percent Federal, 10 percent State and 10 percent local, minus the water and sewer costs, which are 100 percent City funded. Apex Engineering Group was selected by the NDDOT, they said, and has the contract for the project through Phase 1. The Agreement is basic in nature and a formality, they said, in that it states to the NDDOT that the City is 100 percent on board with the project.
Commissioner Preston moved the Preliminary Engineering Reimbursement Agreement with the North Dakota Department of Transportation for Improvement District No. BR-23-A1 be approved.
Second by Gehrig. On call of the roll Commissioners Preston, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Change Order No. 2 for Improvement District No. PR-21-G1 Approved:
Commissioner Preston moved Change Order No. 2 for an increase of $80,337.92 for Improvement District No. PR-21-G1 be approved.
Second by Gehrig. On call of the roll Commissioners Preston, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
New Paving and Utility Construction Improvement District No. BN-21-E (Various Locations in South Fargo):
Commissioner Preston moved the following action be taken in connection with New Paving and Utility Construction Improvement District No. BN-21-E:
Adopt Resolution Creating Improvement District No. BN-21-E:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BN-21-E in the City of Fargo, North Dakota, be created
LOCATION:
On 50th Street South from 36th Avenue South to the existing 50th Street South. On Chinook Drive South from 36th Avenue South to 50th Street South. On Big Goose Lane South from 50th Street South to Chinook Drive South. On 37th Avenue South from 50th Street South to Chinook Drive South.
COMPRISING:
Lots 1 through 30, Inclusive, Block 1.
Lots 1 through 16, Inclusive, Block 2.
Lots 1 through 16, Inclusive, Block 3.
Lots 1 through 12, Inclusive, Block 4.
Lots 1 through 10, Inclusive, Block 5.
Lots 1 through 26, Inclusive, Block 6.
All platted within Valley View Estates Second Addition.
All the foregoing located in City of Fargo, Cass County North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That New Paving and Utility Construction Improvement District No. BN-21-E in the City of Fargo, North Dakota, be and the same is hereby created.
Request Report and Estimate of Cost from the City Engineer for Improvement District No. BN-21-E:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-21-E in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $2,519,562.65.)
Order Plans and Specifications for Improvement District No. BN-21-E:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BN-21-E in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-21-E:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-21-E in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. BN-21-E in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.
Adopt Resolution Declaring New Paving and Utility Construction Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct New Paving and Utility Construction Improvement District No. BN-21-E in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said New Paving and Utility Construction improvement is to be paid from State and Local Funds, and approximately 98.5% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed New Paving and Utility Construction must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
Direct City Auditor's Office to Call for Bids for Improvement District No. BN-21-E:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BN-21-E in the City of Fargo, North Dakota.
Second by Gehrig. On call of the roll Commissioners Preston, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
New Paving and Utility Construction Improvement District No. BN-21-L (Various Locations in South Fargo):
Commissioner Preston moved the following action be taken in connection with New Paving and Utility Construction Improvement District No. BN-21-L:
Adopt Resolution Creating Improvement District No. BN-21-L:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BN-21-L in the City of Fargo, North Dakota, be created
LOCATION:
This project is for new construction of underground utilities, concrete pavement and incidentals on Veterans Boulevard between 52nd Avenue South and 53rd Avenue South, 53rd Avenue South between Veterans Boulevard and 485 feet west of Veterans Boulevard (to be platted as Radio Addition).
COMPRISING:
North half of Section 5, Township 138 North, Range 49 West.
All of Richard Subdivision.
All of Richard 2nd Subdivision.
All of Richard 3rd Subdivision.
All of Dittmer Subdivision.
All of Ken’s Subdivision.
All of Currier Trust Subdivision.
All of the unplatted land in the Northeast Quarter (NE ¼) of Section 5, Township 138 North, Range 49 West. All to be platted as Radio Addition.
All of the unplatted land in the Northwest Quarter (NW ¼) of Section 5, Township 138 North, Range 49 West.
All of the foregoing is located in the City of Fargo, Cass County, North Dakota and its Extra-Territorial Area.
Northwest Quarter (NW ¼) of Section 4, Township 138 North, Range 49 West.
All of Austin’s Subdivision.
All of Dakota Plaza Addition.
All of L, L & L Addition.
All of the foregoing is located in the City of Fargo, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That New Paving and Utility Construction Improvement District No. BN-21-L in the City of Fargo, North Dakota, be and the same is hereby created.
Request Report and Estimate of Cost From the City Engineer for Improvement District No. BN-21-L:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-21-L in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $1,928,646.09.)
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-21-L:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-21-L in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. BN-21-L in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.
Adopt Resolution Declaring New Paving and Utility Construction Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct New Paving and Utility Construction Improvement District No. BN-21-L in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said New Paving and Utility Construction improvement is to be paid from State and Local Funds, and approximately 89% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed New Paving and Utility Construction must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.
Direct City Auditor's Office to Call for Bids for Improvement District No. BN-21-L:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BN-21-L in the City of Fargo, North Dakota.
Second by Gehrig. On call of the roll Commissioners Preston, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Resident Comments:
Branden Krieger and Wess Philome spoke about the public comment period opportunity; Brock Carlson spoke about the government’s pandemic response and in opposition to vaccine mandates and other restrictions; and Christopher Coen spoke about public safety and the Wildlife Management Program.
Application Filed by Youngblood Coffee Roasters d/b/a Youngblood Coffee Roasters for an Alcoholic Beverage License Approved:
A Hearing had been set for July 26, 2021 on an application filed by Youngblood Coffee Roasters d/b/a Youngblood Coffee Roasters for a Class “GH” Alcoholic Beverage License at 623 2nd Avenue North, notice of which had been duly published in the official newspaper for the City of Fargo.
At the July 26, 2021 Regular Meeting the Hearing was continued to this day and hour.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said the Class “GH” license authorizes the licensee to sell beer, wine and sparkling wine on-sale only, served at a table or booth, no bar, and it requires 50 percent food sales.
In response to a question from Commissioner Gehrig asking whether other coffee houses in Fargo that have liquor licenses are successful in meeting the 50/50 food to alcohol ratio, Mr. Sprague said they were.
Commissioner Piepkorn moved the application be approved.
Second by Gehrig. On call of the roll Commissioners Piepkorn, Gehrig, Strand, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application Filed by Touchmark at Harwood Groves LLC d/b/a Touchmark at Harwood Groves for an Alcoholic Beverage License Approved:
A Hearing had been set for July 26, 2021 on the application filed by Touchmark at Harwood Groves LLC d/b/a Touchmark at Harwood Groves for a Class "A-Club" Alcoholic Beverage License at 1200 Harwood Drive South, notice of which had been duly published in the official newspaper for the City of Fargo.
At the July 26, 2021 Regular Meeting the Hearing was continued to this day and hour.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said Touchmark currently holds a “Class F” Alcoholic Beverage License and it is their intention to build a small bar and social space, which would require the “Class A” license and is a club license for a corporation or association organized for civic, fraternal, social or business purposes with at least 200 members and has been in existence for at least 20 years at the time of application. He said the space would be built within an employee-supervised area where residents, visitors and guests could gather during normal social hours. He said the Touchmark campus serves as its residents’ homes and this offering would create a meaningful place to socialize and help minimize senior travel to public bars at night for similar offerings. He said a question brought up at the Liquor Control Board meeting was whether it would be open to the public and that would be a management decision.
Commissioner Strand said he feels it is good the way they are socializing at Touchmark; however, he hopes they are able to avoid any unintended consequences.
Commissioner Piepkorn moved the application be approved.
Second by Gehrig. On call of the roll Commissioners Piepkorn, Gehrig, Strand, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Hearing on Special Assessments for Abatement of Nuisances on Certain Properties in the City of Fargo:
A Hearing had been set for this day and hour on special assessments for abatement of nuisances on the list of properties on file in the City Auditor’s Office.
City Auditor Steve Sprague said the City prepares a list annually of code enforcement and nuisance abatements, commonly Dutch Elm tree removal, mowing and snow removal. He said there is no interest charged on one-year assessments and those at five-years are charged 5 percent interest. He said after the notices are mailed out, especially those for snow removal, many are paid right away. The majority of snow removal and mowing assessments are complaint driven, he said, and the Public Works Department has a process with mowing and snow removal where the contractor takes before and after photos of the work done.
Grant Allex, owner of 1020 7th Avenue North, said the road by the property has been under construction and he has had difficulty getting to it to mow and when he has provided lawnmowers so the renters could mow, four have been stolen over the last three years. He said he has had a difficult year and does not have the money, so he is asking that his assessment be forgiven.
Environmental Health Director Grant Larson said staff followed notification protocol and then mowed the property. He said the contractor was able to access the property to mow; therefore, Mr. Allex is being assessed for mowing, plus an administration fee and interest charges.
Sheri McMahon, speaking on behalf of Richard Nelson, stated she has concerns with the abatement actions that were carried out last summer. She said Mr. Nelson was not notified of the amount of his bill until this June. She said the process of waiting nearly a year to inform the property owner of the total amount causes difficulties and the costs should be specifically identified.
Mr. Nelson said he had tried to do the clean up to avoid action by the City and he does not feel that some of the items the City took were junk. He said he would ask the City to waive what he owes; he is not able to pay.
Inspections Administrator Bruce Taralson said Mr. Nelson has two charges, junk abatement and demolition of a house, which action came through the City Commission. The Inspections Department has dealt with Mr. Nelson’s property for more than 20 years, he said, and have been to the Supreme Court for junk abatement.
Commissioner Piepkorn reminded the Board that Mr. Nelson was given the option of doing the removal himself and paying for it. This is not a last minute thing, he said, and the City has spent thousands of dollars in litigation. He said while it is a sad situation, the neighbors are appreciative.
Mr. Sprague said financial assistance through the Planning Department does not apply for abatement assessments; it is for assessments for things like roads and sidewalks.
Commissioner Preston moved the special assessments for abatement of nuisances be approved as submitted.
Second by Piepkorn. On call of the roll Commissioners Preston, Piepkorn, Strand, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Hearing on a Dangerous Building Located at 711 10th Avenue North: City Attorney's Office Directed to Prepare the Appropriate Findings of Fact and Order:
A Hearing had been set for this day and hour on a dangerous building located at 711 10th Avenue North.
Inspections Administrator Bruce Taralson said this seven-unit apartment building is located in a predominately-residential neighborhood, east of Roosevelt School and west of Downtown Sanford. He said there have been issues with the building and garages, and the owner has not done anything that the City has requested since his department became involved after a fire on February 9, 2021. The property meets five of the ten criteria of the Dangerous Building Ordinance, he said, and he shared an extensive timeline. He said there were complaints of squatters after the fire and all postings, notifications and actions were provided for this action. There is a recent submittal for demolition of the garages, he said; however, it has not yet been approved. Due to inaction by the owner and multiple squatter issues, the Inspections Department has secured the home and garage eight times, he said, and due to openings by squatters, the building is infested. He showed pictures of the deterioration and, he said, there have been 35 calls for service by the Police Department in the past two years. Action by the Board will allow the owner to provide the City with a plan for the property with a deadline of October 1, 2021, he said, and the owner can either demolish or bring it up to code. The fire caused a lot of devastation to the property, he said, and it is not known if it can be saved.
Brandon Raboin said he has a contract to tear the property down; however, there has been a lengthy insurance claim for the fire and asbestos is being removed.
Commissioner Preston said granted there was a fire; however, she cannot understand how a property owner lets things get so bad. She said it affects the neighbors and the City needs to proceed.
Mr. Raboin said he purchased the property two years ago. He said he tore down blighted properties next door and has turned them into townhomes, which he plans to do with this property, so there is a long-term plan to make it better.
Commissioner Strand moved the City Attorney’s Office be directed to prepare and serve the owner with the appropriate Findings of Fact and Order and the Inspections Department be authorized to solicit proposals for the removal of this structure if it is not removed within the time allowed by the Board’s Order.
Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn, Gehrig, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Commissioner Piepkorn took the opportunity to say this may be the last appearance in his official capacity by Inspections Director Bruce Taralson prior to his retirement. He thanked Mr. Taralson for his service to the City of Fargo and said he has been a change agent for that department and for making this a better place than he found it.
Amendment to the Growth Plan Approved (Parts of Section 3, 4, 10, 15 and 16, and All of Section 9, Township 138 North, Range 49 West of the Fifth Principal Meridian):
A Hearing had been set for this day and hour to consider approval of an amendment to the Growth Plan consisting of parts of Section 3, 4, 10, 15 and 16, and all of Section 9, Township 138 North, Range 49 West of the Fifth Principal Meridian.
The Fargo Planning Commission recommended approval of the Amendment to the Growth Plan at their July 6, 2021 meeting.
No written protest or objection to the amendment to the Plan has been received or filed in the Planning and Development Department.
The Board determined that no person is present to protest or offer objection to the Growth Plan Amendment.
Long Range Planning Coordinator Aaron Nelson said this is a Growth Plan Amendment initiated by the City for the property south of 52nd Avenue South and West of I-29, East of Veterans Boulevard and North of 88th Avenue South. He said this is the first time the City has taken the lead in a regional storm water system for such a large area. The original Growth Plan was adopted about 14 years ago and the City saw the need for the Amendment due to increasing storm water needs in the area.
Division Engineer Nathan Boerboom said a few years ago the Storm Water Master Plan was completed for the area. He said it was initiated knowing the area would see additional growth going forward and knowing there would be challenges with storm water as the growth occurred. Several alternatives were considered, he said; however, two were honed in on. He said the first, consisting of trunks serving main sewer lines, which in this case is Drain 27 running to the Interstate, which would require larger pipes than historically installed and would be expensive at about $26,000.00 per acre. Knowing that, he said, they looked at the Storm Water Pond approach, which is estimated at $19,000.00 per acre and allows less land to be encumbered with ponds. He shared the timeline from the Storm Water Master Plan development in 2018-2019, land acquisition and approved SRF loan in 2019, Land Use Study, design and permitting in 2019-2020 and Phase 1 bid and construction started in 2021. As development continues, he said, Phase 2 construction will begin in the upcoming years.
Mr. Nelson shared the future land use map compared to the current plan and said there are not major changes. He said the major differences are the changes in the storm water infrastructure for the area and the introduction of mixed-use land use classification. He said staff believes the land use assumptions more accurately align with the vision of the Go2030 Plan. He pointed out this is an interim step forward, essentially an update to the work done in 2007 that will help guide decision making in the near-term, he said. A comprehensive Citywide Growth Plan update will be done in the next couple of years, he stated.
In response to a question from Commissioner Preston asking if there are development pressures, Mr. Nelson said the Sanford Sports Complex is under construction, as is 64th Avenue, and he is starting to hear from developers beginning to get their plans in line for future development.
In response to a question from Commissioner Preston asking about the buildout timeframe for the retention pond, Mr. Boerboom said it is development driven. He said initially Phase 1 had a goal to get started and to find a location for the excavated excess material; much of it can be incorporated into the future 64th Avenue overpass this summer. He said the timing of the 2nd Phase remains unknown at this point and will be determined as development occurs.
Commissioner Preston moved the Amendment to the Growth Plan be approved.
Second by Gehrig. On call of the roll Commissioners Preston, Gehrig, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
COVID-19 Update
Director of Fargo Cass Public Health (FCPH) Desi Fleming (via conference call) said there are 165 active COVID-19 cases with 706 active cases in the State. In comparison, she said, there were only 20 active cases on July 1st, so there is a jump in infection rates. She said while they remain low, hospitalizations have increased with 15 individuals in the local COVID units. There have been no new deaths in Cass County in recent weeks, she said, and there are active cases in all age categories. She said as of August 5th, several variants have been identified in North Dakota, including the Delta variant, which increased by 160 cases, for a 364% increase in the last week. The Delta strain is most likely the most predominant strain causing new cases, she said. Cass County vaccination rates are slowly increasing, she said; however, many in the County remain at risk for infection. At the end of July, the CDC designated Cass County as having a substantial spread of COVID-19, she stated, and the recommendations are to encourage vaccination to all eligible, wear masks in indoor public spaces until vaccination rates are higher and the CDC provided guidance to schools for a return to in-person learning. She shared that she personally recently underwent a stem cell transplant for a cancer diagnosis, and all of her natural immunity and vaccination history are gone and she cannot yet be vaccinated again against COVID-19, and she is not attending this meeting in person due to increased risk of exposure. She said she is sharing that for awareness and that she speaks not only as a public health person but as a representative of those in the community who are not able to get vaccinated whether it be timing for immunocompromised persons, those with contraindications for vaccine or those under age 12 who are not yet eligible. Think of the vaccine as not only protecting oneself, she said, but also others in the community with the vaccine being the best protection against serious disease and the first line of defense. Adding other layers of protection such as masking, social distancing, adequate ventilation and handwashing will certainly help, she said, and she urged the public to be vaccinated.
FCPH Health Officer Dr. Tracie Newman (via conference call) shared more information on the changing detail of COVID-19 and the Delta variant, which is surging. She said in the US there are more than 100,000 cases and 500 deaths per day. Hospitalizations are at four times the level they were last June, she said, and it is clear in the US the viral spread is predominately among unvaccinated individuals. Since the start of the pandemic, she said, there have been 4.2 million cases of COVID-19 in 49 states and in recent weeks, children made up a higher proportion of overall infections, a trend that is expected to continue. In North Dakota, among children eligible to be vaccinated 16% tested positive, she said, and as of July 19th, there were 24 hospitalizations in children ages 12-17 with one death in this age range. More is being learned about the Delta variant, she said, and that it is more transmissible with higher viral load than earlier viral strains. She said the R(0), or R naught, of the Delta strain means it is very contagious and one person can potentially infect 6-10 people, similar to the R(0) of Chickenpox and higher than smallpox. Vaccines are working, she said, and are preventing hospitalizations and death. She said with the new CDC guidelines they recommend masking even if vaccinated, especially in congregate indoor settings.
In response to a question from Commissioner Strand asking about the transmission spreading particularly in the young and how the City can help or support the School District, Dr. Newman said speaking as the health officer, the new CDC guidance is somewhat different for K-12 than what is recommended for the community, and within that is universal masking of all students, teacher, staff and visitors to schools regardless of vaccination status or community transmission rates. She said it is ultimately left up to local School Districts and School Boards to decide whether to follow the recommendations or not.
In response to Commissioner Preston questioning what can be done to get the message out to the community regarding masking indoors, Ms. Fleming said they have been doing media campaigns and FCPH has gone back to wearing masks within the building. Some businesses have implemented masks, she said, and she feels there needs to be a local effort to support it and say why it is important. No one is happy to continue masking, she said; however, they are not willing to drop the ball at this point and go back to a major surge.
Commissioner Preston said she would suggest looking at a policy and a possible return to masking, at least as an employer. She said the Board of Health meets this week and perhaps they would be open to making some policy recommendations.
Commissioner Strand said he would encourage the Board of Health to speak up if they have something to say to the Commission and not wait for permission to lead in the arena that they are the experts. He said the Upper Midwest is blessed to be distanced and that things take some time to get here so there is good fortune and time to learn from other people. He said Commissioners need to be prepared to act if this continues to go the wrong direction and he said the City needs to be anticipatory of what is coming and be willing to act when needed or in advance. He would like to see and be reminded of what the HR policies look like or will look like if thresholds are reached, the policies can be activated and have a chance to stave things off with behavior and to mitigate it.
In response to a question from Mayor Mahoney asking if it appears the industries may go back to wearing masks, Ms. Fleming said there will be some and businesses like the backing of the City as local leaders for support. She said she is not talking mandates; however, she thinks it is helpful to get those with a platform to begin talking masking and vaccines and why it is needed right now.
Update on Mobile Food Trucks: Appropriate Staff Directed to Draft a Proposal for a Mobile Food Truck Pilot Program in the Summer of 2022 to Include Allowing Food Trucks on Public and Private Property:
Environmental Health Director Grant Larson shared the history of mobile food vendors in Fargo. He said a Pilot was proposed in June 2018 allowing vendors limited access to Downtown City of Fargo rights-of-way; however, action was delayed to work on revisions. In June 2019, he said, a specific Mobile Food Truck Pilot Program was approved and “Food Truck Fridays” were held in the City Hall parking lot through September. He said the goal of the Pilot was to monitor vendors and public interest and to establish a Mobile Food Coalition; however, unfortunately, that did not happen when one of the champions for food vendors, Jason “Jay” Halvorson, passed away and after that COVID-19 hit. He said the update today is in response to Commissioner Gehrig’s request for an update and asking whether food venders can be allowed to operate in the City of Fargo’s rights-of-way. He said the current Ordinance, Article 18-03, prohibits goods to be offered on public streets so it is unlawful to have mobile food trucks on rights-of-way and mobile food vending is limited to private property and/or sponsored events permitted through the City. The current food license applications for mobile/concessions are tiered according to food risk level to the public, he said, with higher tiers paying higher fees. He said the Downtown Community Partnership provided a survey from March 2020 showing the public would like more mobile food events, stating they feel they are good for the Downtown economy and that mobile food events should be executed on both public and private property. A current survey was done by himself and the Health unit to capture more interest from food vendors, he said, and about 20 respondents showed the desire for more opportunities and more coordination. He said allowing food vendors access to public rights-of-way would provide increased opportunities, more food options and be a potential source of revenue through licensing and taxes. There could be adverse effects on public safety, he said, including congested streets, litter and noise, plus there is competition with establishments that pay rent and property taxes as well as regulatory complexities and concerns with type and location of the units. Some things to consider include limitations or restrictions on certain streets, buffering, hours, parking, size of units, addressing complaints and potential liabilities, he said. Some prohibitions could include limiting it to only food and non-alcoholic beverages, not selling to persons in vehicles, no loudspeakers, additional lighting, freestanding signage, structures, not utilizing City trash receptacles and no liquid or waste discharges from units, he said. Possible options, he said, are to not change the current Ordinance or revise the Ordinance to allow mobile food units on City rights-of-way and to develop program requirements and licensing. A temporary use permit similar to the sidewalk vendor program would help to license, regulate and control the locations, he said, and self-contained mobile units would be defined as trucks and/or trailers. He said if approved, implementation would be possible by Summer of 2022.
Commissioner Gehrig said he would like to see mobile food trucks tried in different areas, not only Downtown, to see if people want it. He suggested that over the winter, the City could get some parameters together and test it in 2022. He said cities all across the country do this and while it may be complex, it is not impossible.
Commissioner Gehrig moved appropriate staff be directed to draft a proposal for a Mobile Food Truck Pilot Program in the in the Summer of 2022 to include allowing food trucks on public and private property.
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.
At 6:35 p.m. the Board took a ten-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.
Update on 717 3rd Avenue North (Beebe House):
Inspections Director Bruce Taralson said there have been discussions about the Beebe House at 717 3rd Avenue North over the last month due to the need for the permit to be secured, which has been obtained. The permit was written for a single-family home and the property will continue to be monitored. One of the big issues is funding, he said, and there have been additional complaints on infestation and weeds. He encouraged the members of the Board to go past the property and view the progress.
Commissioner Strand said it is good news to have a historic property salvaged. He said it is not easy and it takes time and heart. He said he appreciates the Inspections Department holding the Board to task to implement the standards expected of everybody.
Commissioner Piepkorn said he drove by the property yesterday and there are weeds three feet tall and pigeons doing damage. He said it is disappointing that the Commission listened to the inspirational story of how great the property will be and now it sits in worse condition than it was. He said they are given a long schedule again and he wishes something could be done faster. He said it is both sad and frustrating.
Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Christopher and Maureen Moan, 2613 25th Avenue South (3 year).
b. Paul and Elizabeth Bervik, 1510 10th Street South (5 year).
c. Dean and Beverly Marsh, 1406 14th Street South (5 year).
d. Bonnie Nelson, 29 Fremont Drive South (5 year).
Commissioner Piepkorn moved the applications 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.
2022 Preliminary Budget Approved: Public Hearing set for Tuesday, September 7, 2021 at 5:15 p.m.:
Mayor Mahoney said the 2022 preliminary budget was presented to the Commissioners at an Informational Meeting in July and he shared a Powerpoint of his proposed budget. He said there have been a couple of changes and he added a couple slides for transparency and clarification to address concerns from the Commissioners. North Dakota Century Code requires municipalities to prepare a budget every year, he said, and Fargo’s Home Rule Charter directs the Mayor to prepare and present the draft budget to the City Commission. Tomorrow, August 10th, he said, is the legal deadline to prepare and submit the budget to the County for the upcoming year. He said his objectives are attracting and retaining a talented team; funding essential infrastructure; reinforcing strong commitments to public safety; supporting community equity initiatives; funding delayed requests due to COVID-19; and the efficient and effective use of Federal funds. His six major initiatives are Core Neighborhoods Plan implementation; body-worn camera integration at Fargo PD; investments in street-level excellence; harm reduction and homeless support; emphasis on code enforcement and a FARGODOME expansion and improvements. He said the composition of the General Fund is Personnel 77.7%, Operating 22% and Capital .3%. He said he recommends the addition of eighteen new employees in public safety funded in the General Fund, ten in non-public safety areas funded by the General Fund and two funded by the Enterprise Fund. He shared a comparison of the investment in Team Fargo, which showed the 18 new General Fund employees, maintaining 86% employer share of single health insurance coverage, increasing employer share of family health insurance from 72% to 80%, an increase in personnel reclassifications and a competitive wage adjustment of 3%. He said initially a 3.5% or 4.0% Competitive Wage Adjustment was considered; however, the health insurance premium was increasing at a great rate and to decrease the burden on employees, the benefit of the health insurance share was increased. He said the increase of personnel reclassifications from $6,859.00 in 2021 to $94,757.00 in 2022 is to make positions market competitive. The HR Department will look at another market survey in 2022 for all employees, he said, and directors could advocate for their employees for reclassifications. The US Labor Bureau Consumer Price Index (CPI) for the Midwest region is at about a 5.8% increase over the past 12 months, he said. He feels he reached a strong middle ground to retain and attract personnel while being fiscally prudent, he said, and he shared the operating expenses increase of about $1.1 million. He said the City received about $22 million in funding via the Metro City and HUD portion of the American Rescue Plan (ARP) Act and he shared his recommendations to utilize about $13 million on important, impactful projects to benefit residents for decades. The City also received Public Safety CARES allocations, he said, and he proposes spending about $1.1 million on the PD reorganization plan, the Engagement Center roof repair and chiller replacement and the Fire Department Emergency Operations Center upgrades. He shared the General Fund expense projections and the 2022 General Fund revenue projections and he stated it indicates a fully funded and balanced budget. He said the only increase proposed is a utility fee increase of the storm water residential rate of $1.00 per month and storm water nonresidential rate with variables of $3.00 minimum per month. Charts showing the increases of taxable values since 1980 and the property mill levy since 2013 were shared, and he stated he is not proposing any increase in City mills from the current 53.00. He said the taxable value increase is 5.82% with approximately half due to new development and half due to natural inflation. A strong commercial base accounts for more than half of the cumulative taxable valuation, he said, which in turn helps to reduce the tax share of residential property owners. Tonight’s action sets the ceiling for the maximum total budget, he stated, while modifications can be made following approval; however, the total General Fund budget cannot be raised.
He received the following feedback from the Commissioners, he said, and he shared his responses:
Commissioner Gehrig proposed a 1-2 mill reduction and Conceptual Tiered Competitive Wage Adjustment (COWA); Mayor Mahoney said 78% of the current General Fund is personnel related thus he does not recommend the reduction and a COWA would condense pay and degrade the integrity of the current pay plan and have a negative impact on the ability to remain competitive.
Commissioner Piepkorn proposed utilization of revenue from the sale of the Island Park Ramp for Parking Fund future capital expenditures; Mayor Mahoney said 50% of the proceeds are proposed to be deposited in the Parking Fund and 50% is proposed to be utilized as miscellaneous revenue.
Commissioner Preston requested funding for a Housing Program and for a Housing Specialist position; Mayor Mahoney said a mid-year assessment and consideration of the requests would be appropriate given other work plan priorities in the budget for the Planning staff.
Commissioner Strand asked for a dedicated 1/2 mill increase for Public Art, funding future transit operations, Public Art Bus Wrap Program funding and training and economic relief via funding the United Way; Mayor Mahoney said he refrained carving out earmarks for certain projects; however, there could be funding available from the Nonprofit/Social Services ARP fund for programs as suggested.
Commissioner Piepkorn said with the current job market and job openings everywhere, he feels perhaps mid-year there should be another wage adjustment. The starting wage for jobs is $15.00 to $20.00 per hour, he stated.
Commissioner Preston said she also had concerns as far as the wage adjustments.
In response to a question from Commissioner Preston asking about the timing of a market survey, Human Resources Manager Beth Wiegman said the hope is to do a market survey that would really review the wages throughout City; however, there is not a schedule in place. She said consultants would likely be brought in to help with that project; however, that has not been included in this year’s budget.
Commissioner Strand commended the Mayor and the Administrative team for the good work on the budget while still moving through the pandemic. He said he would concur on the employee wage and benefits package; however, he would caution about a previous pattern of not addressing wages until mid-year after setting a budget, it was looked at again making employees feel second class with it not being a high enough priority to be put in at the front end of a budget. He said this is a preliminary budget and perhaps there is the appetite to add a half or a percent for the employee workforce.
In response to a question from Mayor Mahoney asking what the cost would be if the competitive wage adjustment were upped by .5%, Finance Director Kent Costin said a .5% adjustment would be about $315,000.00 and the present budget has a surplus of $282,000.00.
Commissioner Piepkorn said there was no COLA last year due to COVID-19 as it was unknown what would happen. He said he would like to see the market survey advanced to be done this year.
Commissioner Gehrig said he appreciates that the budget includes funding for Fire Station 8, and it is important the funding needs be put together now. He said the reason he supports a tiered COLA is due to a 3% across the board is not the way to keep the people at the lower wages, to retain them the City must focus on them. He said those at the top of the grades are not going anywhere, they are well paid; however, those making $15.00 to $20.00 could go elsewhere and make more. He said he appreciates that the mills have remained steady and he feels there could be a reduction. He said home values in Fargo have increased while mills remain the same, which gives the City more money in their pocket; however, that dividend is not going back to the taxpayers.
Mayor Mahoney said people can go up grades and steps in the pay plan and those who reach the top do not get a wage adjustment unless there is a COLA. Following steps gives predictability to salary, he said, and a consistent, understandable system is important. A market survey may show the need for more steps, he said.
Commissioner Preston encouraged the Board to not forget about the individuals at the lower end of the pay scale and the services they provide. She said she would suggest that when the market survey is done, there needs to be a sense of what the gap is from the lower to the higher end and whether it is growing over the years.
Commissioner Piepkorn moved the Mayor’s 2021 Preliminary Budget be approved to include a 3.5% competitive wage adjustment and market survey and the Public Hearing be set for Tuesday, September 7, 2021 at 5:15 p.m.
Second by Preston. On call of the roll Commissioners Piepkorn, Preston Strand and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.
Shawn Ouradnik Appointed Inspections Director/Building Official:
City Administrator Bruce Grubb said Inspections Director Bruce Taralson is retiring at the end of September. He said the City recently advertised and received applications for the position of Inspections Director/Building Official and 13 applications were received. A selection committee was formed to review the applications and conduct initial interviews with preferred candidates, he said, and based on the results of the initial interviews, two candidates were chosen for second interviews. He said based on the results of the second interview, the committee recommends the appointment of Shawn Ouradnik to the position of Inspections Director/Building Official and he introduced Mr. Ouradnik to the Board.
Commissioner Piepkorn moved the appointment of Shawn Ouradnik as the Inspections Director/Building Official be approved.
Second by Gehrig. On call of the roll Commissioners Piepkorn, Gehrig, Strand, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Appointment to the Native American Commission Approved:
The Board received a communication from Mayor Mahoney recommending that Ashley Littlewolf be appointed to the Native American Commission to replace Anna Johnson, who has resigned.
Commissioner Strand moved Ashley Littlewolf be appointed to the Native American Commission to fill the unexpired term of Anna Johnson for a term ending June 30, 2022.
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.
Review of the Fargo City Commission Code of Conduct:
Commissioner Strand said the manner in which the Commissioners present themselves publicly is critically important. He said it has been getting casual and he suggested revisiting the basics, such as using titles rather than first names. He said elected officials cannot be told how to think or act; however, recent moments drawing public attention call for a reminder of decorum and public behavior. He suggested a reset and perhaps if things unfold in a meeting, a recess would be in order to regroup. He said it is good to always respect and honor each other despite differences.
Commissioner Preston shared an Ordinance from Grand Forks with more specificity in rules and she suggested possibly incorporating some of this within Fargo’s rules of conduct. She also encouraged the Mayor, when conducting a meeting that becomes heated as last meeting did, to use the gavel, go into recess or to even adjourn to let things calm down.
Findings, Conclusions and Order of the Board of City Commissioners Regarding the License Suspension of the International African Restaurant and Nightclub, LLC Approved (Moved from the Consent Agenda):
Assistant City Attorney Nancy Morris said it is her understanding that the license application has been completed and is pending.
Police Chief Zibolski said work continues on the background investigation, as there are a number of pieces of information awaiting response from other entities. He said additional information is needed in order to have complete information to provide to the Board and he hopes to have it by the end of the week.
In response to a question from Commissioner Gehrig asking whether there will be a Special Meeting when that happens or if it will be on the agenda of the Regular Meeting, Mayor Mahoney said he believes the applicant has requested a Special Meeting and he would give the Commissioners a 24-hour notice if possible.
Commissioner Piepkorn said the item would go to the Liquor Control Board first and they could have an emergency meeting before making a recommendation.
In response to a question from Commissioner Preston asking for clarification on what the Findings, Conclusions and Order action does, Ms. Morris said the reapplication is pending and will come to the Board pending the recommendation of the Liquor Control Board. She said the action now is confirming the appropriate response to the violation brought forward.
Commissioner Piepkorn moved that the Findings, Conclusions and Order pertaining to the License Suspension of the International African Restaurant and Nightclub, LLC be approved and the Mayor be authorized to execute the same.
Second by Gehrig. On call of the roll Commissioners Piepkorn, Gehrig, Strand, Preston and Mahoney voted aye.
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., Monday, August 23, 2021.
Second by Strand. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:43 o’clock p.m.