Fargo City Commission - February 8, 2021

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 5:00 o'clock p.m., Monday, February 8, 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: Fargo Cass Public Health is providing COVID-19 rapid screening for the general public at the former Faith Journey Lutheran Church in West Fargo; at the Library, the outdoor temporary StoryWalk on the plaza and the online Winter Read-a-Thon program both continue through February 28th; the Police Department Community Engagement Team will participate in Giving Hearts Day February 11th to raise money for the Badges of Unity Fund; PD will hold a memorial service on February 11th to honor the life of Officer Jason Moszer; in its first 30 days, the Solid Waste Department’s new Residential Transfer Station saw 369 residents who brought in 41 tons of debris; starting tonight a Commission WrapUp will be shared across the City’s social media platforms after every City Commission meeting; and the “Nurturing the Heart of Our Community” segment of the 2021 State of the City video was shown.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved.

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 January 25, 2021 and the Adjourned Regular Meeting of the Board held on January 29, 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. Amended Findings of Fact and Order of the Board of City Commissioners of the City of Fargo for property located at 717 3rd Avenue North.
2. Location transfer of the Alcoholic Beverage License for FMCT d/b/a The Stage at Island Park from 333 4th Street South to 6 Broadway.
3. Request to add an additional owner to La Fiesta Mexican and American Grill LLC d/b/a La Fiesta Mexican and American Grill.
4. Application for Games of Chance:
a. Ashley Erdmann – Ava Cancer Benefit for a raffle on 4/3/21; Public Spirited Resolution.
b. Saddle and Sirloin Club for a raffle on 2/13/21.
c. Knights of Columbus 6570 for a calendar raffle from 4/1/21 to 4/30/21.
5. Limited Warranty Deed with Ryan Fargo LLC.
6. Permanent Easement (Storm Sewer) and Easement (Temporary Construction Easement) with the Park District of the City of Fargo in association with Project No. FM-19-A.
7. Memorandum of Offer to Landowner for Permanent Easement (Street and Utility) and Easement (Temporary Construction Easement) with The Municipal Airport Authority of the City of Fargo in association with Project No. BN-20-A0.
8. Memorandum of Offer to Landowner for purchase of a permanent easement in the amount of $7,923.00 with Kevin L. and Cynthia R. Odegaard in association with Project No. FM-19-A.
9. Bid awards at the FARGODOME:
a. Replacement of the draft beer system to The Tap Guys in the amount of $61,906.32.
b. Purchase of four Robert Juliat Lancelot 4KW followspots (spotlights) from HB Sound and Light in the amount of $139,814.64.
c. Replacement of the headset communication systems for sporting and touring events to NFLx Professional in the amount of $81,601.36.
10. State Water Commission request for cost reimbursement for the FM Metro Area Flood Risk Management Project for costs totaling $12,927,737.07.
11. Fire Department application for the Assistance to Firefighters Grant in the amount of $709,510.00 with a $70,951.00 local match for Self-Contained Breathing Apparatus and associated equipment.
12. Notice of Grant Award with the ND Department of Health for Family Planning PHQ-2 and PHQ-9 Screening (CFDA #93.994).
13. Notice of Grant Award Amendment with the ND Department of Health for COVID-19 Funding for local Public Health Units (CFDA #21.019).
14. Memorandum of Understanding with the ND Department of Health and Fargo Cass Public Health.
15. Continuation of the City of Fargo Temporary Employment Policy – Families First Coronavirus Response Act (FFCRA) until 3/31/21 or longer if required under future federal legislation.
16. Adoption of the 2020 National Electrical Code and direct the City Attorney’s Office to update the Fargo Municipal Code to reflect this change.
17. Request for Proposals for purchase of ballistic body armor for the Red River Valley SWAT Team.
18. Memorandum of Understanding with the Fargo Park District for fueling services.
19. Bid award to Superior Electric of Fargo, LLC in the amount of $73,759.00 for the Metro Transit Garage Lighting Project (AFB20132).
20. Sole Source Procurement with Electric Pump in the amount of $56,009.55 plus freight for the purchase of three volutes for Sanitary Lift Station No. 22 (SSP21042).
21. Memorandum of Offer to Landowner for an Easement (Temporary Construction Easement) in the amount of $4,590.60 and a Permanent Easement (Public Utility) with Shaun E. Miller in association with Project No. WA1910.
22. Amendment No. 1 to Task Order No. 33 with AE2S for a fee reduction of $45,650.00 for Project No. WA2004.
23. Amendment No. 1 to Task Order No. 2 with Apex Engineering Group for a fee reduction of $30,335.00 for Project No. WA1862.
24. Task Order No. 3 with AE2S in the amount of $281,000.00 for Project No. WA2012.
25. Sole Source Procurement with JDP Electric, Inc. in the estimated amount of $75,000.00 for small water utility projects in 2021 (SSP21037).
26. Sole Source Procurement with Avista Technologies, Inc. for the purchase of a reverse osmosis system to operate the membrane at the Water Treatment Plant in 2021 (SSP21028).
27. Sole Source Procurement with Suez Treatment Solutions, Inc. for an ozone generator for Project No. WA2055 (SSP21039).
28. Sole Source Procurement with Pacific Consolidated Industries for a vacuum swing adsorption system for Project No. WA2055 (SSP21040).
29. Bills in the amount of $6,278,913.45.

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.

Access Agreement with Robert Nelson Approved (Improvement District No. UN-21-A1):
Commissioner Preston moved the Access Agreement with Robert Nelson in association with Improvement District No. UN-21-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.

Agreement Regarding Special Assessments Approved (Improvement District Nos. BN-17-B and NN-17-A):
Commissioner Preston moved the Agreement Regarding Special Assessments (Large Tract Single Family Residential Lot) (Wettstein Properties) with Gregory H. and Jeri L. Wettstein in association with Improvement District Nos. BN-17-B and NN-17-A 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.

P.C. Concrete Alley Paving, Water Main and Incidentals Improvement District No. AN-20-E1: Protests Received and Declared Insufficient:
The Statutory Resolution of Necessity for the construction of P.C. Concrete Alley Paving, Water Main and Incidentals Improvement District No. AN-20-E1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on February 3, 2021 and protests representing 14 percent of the legal protest area have been received and filed in the office of the City Auditor within the legal protest period.
Commissioner Preston moved the protests be received and filed and declared insufficient.

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.

Bids Received for P.C. Concrete Alley Paving, Water Main and Incidentals Improvement District No. AN-20-E1:
The bids for P.C. Concrete Alley Paving, Water Main and Incidentals Improvement District No. AN-20-E1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., February 3, 2021 and the bids were found to be as follows:

Key Contracting, Inc. West Fargo, ND
Bid: $146,560.00

Dirt Dynamics, LLC Fargo, ND
Bid: $155,353.00

KPH, Inc. Fargo, ND
Bid: $164,645.00

Dakota Underground Company Fargo, ND
Bid: $198,607.00

Contract for P.C. Concrete Alley Paving, Water Main and Incidentals Improvement District No. AN-20-E1 Awarded to Key Contracting, Inc. in the Amount of $146,560.00:
Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of P.C. Concrete Alley Paving, Water Main and Incidentals Improvement District No. AN-20-E1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received February 3, 2021 for P.C. Concrete Alley Paving, Water Main and Incidentals Improvement District No. AN-20-E1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for P.C. Concrete Alley Paving, Water Main and Incidentals Improvement District No. AN-20-E1 shows the bid of Key Contracting, Inc. of West Fargo, North Dakota, in the sum of $146,560.00 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Key Contracting, Inc. in the sum of $146,560.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for P.C. Concrete Alley Paving, Water Main and Incidentals Improvement District No. AN-20-E1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Key Contracting, Inc. for the sum of $146,560.00, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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

New Paving and Utility Construction Improvement District No. BN-21-F (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-F:

Adopt Resolution Creating Improvement District No. BN-21-F:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BN-21-F in the City of Fargo, North Dakota, be created

On 68th Avenue South from 15th Street South to 150’ west of 14th Street South, on 69th Avenue South from 15th Street South to 68th Avenue South, and on 14th Street South from 70th Avenue South to 60’ north of 70th Avenue South.
COMPRISING:
Lots 14 through 21, Block 5.
Lots 1 through 22, Block 8.
Lots 12 through 32, Block 9.

All platted within Bison Meadows Second Addition.

All the foregoing 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-F 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-F:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-21-F 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 $1,642,458.38.)

Order Plans and Specifications for Improvement District No. BN-21-F:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BN-21-F in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-21-F:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-21-F 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-F 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 Improvement District No. BN-21-F 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-F 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 70% 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-F:
City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BN-21-F 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.

Contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-21-A1 Approved:
Commissioner Preston moved the Contract between the City of Fargo and Northern Improvement Company for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-21-A1 in the City of Fargo, North Dakota, 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.

Contract Bond for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-21-A1 Approved:
Commissioner Preston moved the following described Contract Bond be approved as to sufficiency:
Western Surety Company, in the amount of $3,516,249.36, for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-21-A1 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.

Contract for Water Main Replacement, Storm Sewer, Street Reconstruction and Incidentals Improvement District No. BR-21-C1 Approved:
Commissioner Preston moved the Contract between the City of Fargo and Border States Paving for Water Main Replacement, Storm Sewer, Street Reconstruction and Incidentals Improvement District No. BR-21-C1 in the City of Fargo, North Dakota, 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.

Contract Bond for Water Main Replacement, Storm Sewer, Street Reconstruction and Incidentals Improvement District No. BR-21-C1 Approved:
Commissioner Preston moved the following described Contract Bond be approved as to sufficiency:
Liberty Mutual Insurance Company, in the amount of $3,097,221.28, for Water Main Replacement, Storm Sewer, Street Reconstruction and Incidentals Improvement District No. BR-21-C1 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:
Alexander Simon, Cassandra Schmidt, Glenn Knudson and Faith Dixon spoke about COVID-19, parents’ rights, mask mandates and vaccines.

City of Fargo’s Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2021 Approved:
A Hearing had been set for this date and hour to consider the City’s Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2021.
The Board determined that there have been no written or verbal protests and no one is present to protest thereto.

Transit Administrator Julie Bommelman said the Federal Transit Administration 2021 Program of Projects Grant made available to the City of Fargo this year is $2,602,232.00. She said $276,053.00 of the apportionment is included for meeting a Small Transit Intensive Cities Performance Data Indicator. The City is required to hold a public hearing prior to submitting and executing the application, she said. The local match was included in this year’s Transit budget, she said, and this grant is in addition to the $7.9 million received from CARES funding.

In response to a question from Mayor Mahoney asking if she anticipates any more funding, Ms. Bommelman said this is it for appropriations so far; however, with the new administration, there is talk of another $30 billion for Transit.
Commissioner Gehrig moved the City of Fargo’s Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2021 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.

COVID-19 Update:
Desi Fleming, Director of Fargo Cass Public Health (FCPH), said cases in the State and County continue to decline, as is the number of those seeking testing and those being hospitalized. She said the 14-day rolling average positivity rate for Cass County is around 2.2 percent and in the State it is about 2.7 percent. She said the State has started specialty clinics in the Cass County area for those dealing with long-term effects of COVID-19. There have been 192 deaths in Cass County, she said, and 1,428 total deaths in the State. She said FCPH continues to see new COVID-19 cases along with some small outbreaks in the area. The Public Health message, she said, would be to continue to practice the mitigation efforts while FCPH works to vaccinate more of the population. The focus has shifted more to vaccine distribution, she said, although FCPH continues with other efforts such as logistics for testing, consulting on restart guidance and contact tracing. As of yesterday, she said, there have been more than 29,000 vaccines given in Cass County with 69 enrolled provider sites in which vaccine is distributed. FCPH has received one-third of those doses, or 9,952 total vaccines, she stated, and continues to vaccinate in the Tier 1B group in order of priority along with providing second dose clinics since February 2nd. She said FCPH is co-located with Sanford and Essentia at the COVID Community Vaccine Center in the old Gordman's building site in Fargo.

In response to a question from Mayor Mahoney asking what will be the next vaccine group, Ms. Fleming said a lower age group with chronic medical conditions. She said she recently received a report from the ND State Health Department and in Cass County about 42 percent of the 75-plus age group is vaccinated.

In response to a question from Commissioner Preston asking about efforts to get information out to the communities of color, Ms. Fleming said some work was done during the pandemic with specific entities to help get information out. She said there are the FCPH social media sites and the website; however, if people do not have access to those, she could see if some translated material is needed and also work with Family Healthcare, which is one of the provider sites.

In response to a question from Commissioner Gehrig asking in light of the low numbers if the Commission is going to remove the mask mandate, Mayor Mahoney said the mandate is in effect until February 18th; however, Cass County has not reached herd immunity.
Commissioner Gehrig moved that the mask mandate be removed, effective immediately.

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

In response to a question from Commissioner Strand asking if there has been any impact to FCPH due to the closing of Lutheran Social Services and FCPH’s ability to reach out to the community of immigrants, refugees, people of color and people at risk, Ms. Fleming said for the vaccine effort, she has not received any feedback from the community if that is an issue. She said in other priority groups there has not been a specific effort from FCPH due to the fact that it has not been a directive from the ND State Health Department. She said FCPH can make some local efforts and work with the Ethnic Self Help Alliance for Refugee Assistance (ESHRA).

Update on Drug Use, Overdoses and Deaths in the Community:
Robyn Litke Sall, Prevention Coordinator at FCPH, said preliminary data from 2020 indicates Cass County saw an increase in drug-related deaths compared to 2019, which was also the national trend. She said in 2020, there were 42 methamphetamine-related deaths, compared to 24 in 2019, and 19 opioid-related deaths compared to 15 in 2019. She said there were 72 alcohol-related deaths in 2020 compared to 55 in 2019 and alcohol causes more deaths than all other drugs combined. In 2020, she said, there was a 51 percent increase in the number of visits to the Harm Reduction Center for the Syringe Services Program (SSP). She said the SSP supplies safe and secure syringe disposal, safer injection education, Narcan/naloxone medication that rapidly reverses an opioid overdose, overdose response and Narcan/naloxone administration training and more. There were 155 self-reported opioid overdose reversals from July 2020 to December 2020, she said, and the SSP distributed 39 percent more Narcan doses in 2020 than in 2019. From 2019 to 2020, there were increases in all categories with meth-related deaths the highest at a 75 percent increase, she said. The misuse of prescription drugs saw a 50 percent increase, there was a 31 percent increase in alcohol-related deaths and a 27 percent increase in opioid related deaths and these numbers are similar in states all over the country, she said. In 2020, the SSP participant-reported saves totaled 211, compared to 200 in 2019, she said, and these individuals were able to reverse an opioid overdose using Narcan made available to FCPH through the State Opioid Response Grant. January 2021 saw another record month where 566 doses of Narcan was distributed, she said

In response to a question from Commissioner Gehrig asking how can it be said the program is successful if more treatment is being given out yet there is a dramatic increase in deaths, Ms. Sall said it is something she cannot explain. She said when it comes to meth overdose deaths, there is not an antidote; Narcan is not successful for meth overdoses, which is why the number of meth-related deaths has gone up. She said opioid deaths went up by just a few more and it might be safe to say had FCPH not had Narcan, those opioid-related deaths would have been much higher.

Commissioner Gehrig said he voted for the SSP and hopes to see better numbers in the future.

Ms. Sall said greater participation could be seen as a success. She said more people are coming in and if more people participate in the SSP it has been shown they are five times more likely to engage in treatment and three times more likely to be successful.

Commissioner Strand said it is important to add that the Harm Reduction Center and SSP have significantly diminished the spread of HIV and hepatitis in the community.

Ms. Sall said Cass County did see a reduction in the number of new hepatitis cases in 2019 and for five years prior to opening the SSP, only increases were seen. She said the CDC recommends increasing awareness about the risk of using drugs alone, ensuring Narcan is available and people who use drugs and their loved ones know how to administer it, provide messaging to community groups and leaders, school officials, faith-based leaders, parents, students and others about the changing illicit drug supply and risks for overdose and exposure to highly potent opioids such as IM fentanyl or counterfeit prescription drugs. It is also recommended Public Health link those at risk with care, she said, track the care and consider expanding peer navigation programs or recovery coaches to intervene with high-risk individuals.

In response to a question from Commissioner Gehrig asking how much of these increases can be attributed to COVID-19 and people staying home and being isolated, Ms. Sall said suicides and drug-related deaths are “deaths of despair” and those have been increasing. She said there was a dramatic increase during COVID-19 and it can be hypothesized the reason is because of some of the unintended consequences of COVID-19 such as not being around others, people losing jobs, health problems, losing loved ones and all of the heartache and frustration experienced in 2020.

Commissioner Gehrig said he wants everyone to remember the health of people. He said wearing a mask, being socially isolated, not going to school, not going to a job, it is much more than the physical health of a person; it is mental health. People who use drugs or people who are predisposed to doing such things who otherwise would be at work are not at work, he said, and they are doing other things, sometimes bad things, and are hurting themselves and others. He said when there is talk about mandates, closures and restaurant capacities it is not just about the economy and about work, it is about these other things that affect people dramatically. He said he thinks the rise in numbers is in large part due to the response the government has had in general to COVID-19. As the Commission contemplates extending mandates, it also needs to contemplate the effects it is having on people, he said.

In response to a question from Commissioner Strand asking about medical-assisted treatment, Ms. Sall said there is medication-assisted treatment and it is funded by the State Opioid Response Grant. She said anyone with an opioid use disorder can go to a medication-assisted treatment facility or opioid treatment program, get methadone, suboxone or other types of medications and the State will pay for it if someone does not have funds to pay for it or if insurance does not cover treatment and that has been a great success. There is not medication-assisted treatment for meth, she said, which is a problem due to the fact that this is just the cusp and unfortunately there are very few solutions.

In response to a question from Commissioner Preston asking about new CDC recommendations, Ms. Sall said the CDC recommends Health Departments talk directly to individuals who use drugs and talk to the entire community without having to apologize for talking about an unsavory topic. She said a lot of this work could be done at the SSP and through the Mobile Outreach Program if those programs could be expanded with more staff.

In response to a question from Commission Preston asking if the Police are finding meth labs, Police Chief David Zibolski said they are not. He said what they are find are poly-drug mixtures, fentanyl, meth, cocaine and heroin and there have been many fatalities due to a mixture of these types of drugs with alcohol. He said that is the number one issue with impaired driving. He said heroine dissolves very quickly in the system so depending on how soon toxicology is done or how long a person has been deceased before blood is drawn, some of the toxicology is lost. Officers are seeing a huge increase in fentanyl and the Police Department has seized in the last two months more than 600 M-30 pills. He said drug traffickers are very advanced and create pills that look like they were purchased in a pharmacy. He said the fatalities his department has responded to have risen dramatically since 2019 with 18 fatalities so far in 2021. To Commissioner Gehrig's question about COVID-19, he said, there may be some relationship; however, when looking at Fargo’s numbers comparing 2019 and the first three months of 2020 pre-COVID-19, there were 10 overdoses compared to six in 2019. He said the numbers are continuing to go up dramatically and there are many more overdoses occurring Police do not know about and officers have effectively utilized Narcan on five occasions in January 2021. He said the fentanyl pills and meth are coming from Mexico and border security in terms of narcotics is going to be an issue going forward.

In response to a question from Commissioner Piepkorn asking what Fargo is doing to stop the influx of illegal drugs, Chief Zibolksi said his department is part of a task force that has State and Federal partners. He said with the Narcotics Unit in terms of the investigations, when that unit has evidence and information it goes to the feds due to the fact that there is a higher penalty for drug traffickers under federal law than there currently is under State law.

Commissioner Strand said for many years it was said marijuana is a gateway drug; however, he wonders if alcohol is the gateway drug. In response to a question from Commissioner Strand asking if there was less alcohol would there be less illicit drug use, fewer openings for lessened inhibitions and is alcohol the elephant in the living room, Chief Zibolksi said he does not know of any strong data to support that in terms of drug addiction. He said adding other drugs to what is already legal would most certainly make an already precarious situation worse and would be a concern from a public safety standpoint. He said the Police have enough to deal with in terms of what is legal and the illegal drugs that are already out in the market and their adverse effect on community members.

In response to a question from Commissioner Strand asking if he had a magic wand what would Fargo do, Chief Zibolski said number one would be more harm reduction strategies, which are very important. He said the fact that usage is up but overdoses are also up does not mean harm reduction has failed. He said it means Fargo is in the midst of another surge in trafficking and he thinks people who are addicted are obviously more susceptible to purchasing that next greater high. Once someone is addicted, he said, they are a future victim by someone who is trying to make money in the trafficking arena as opposed to just using on a daily basis. More treatment facilities are needed, he said, and longer in-house treatment for addicted people is needed, especially opioid-addicted individuals and meth addicts. He said meth is so physiologically addicting it is nearly impossible for people to become un-addicted or have any chance on their own volition and they really have to be in-house for a period of time to get detoxed and get into some kind of a program to manage that addiction and have hope for some level of success. He said a strong approach on traffickers is also needed, those who are bringing in the illicit drugs for the sole purpose of criminal enterprise.

At 6:06 p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Request for Tax Increment Financing (TIF) for the Redevelopment of Property along Cass County Highway 20 Denied:
Strategic Planning Director Jim Gilmour said the City has received a request for Tax Increment Financing (TIF) for the redevelopment of a site northeast of I-29 and Cass County Highway 20. He said the 44-acre site is vacant except for two farmsteads, the Amazon site is located to the north, there are industrial properties to the east and west and Airport property is to the south. The property is zoned agricultural, he said; however, the land use plan is for industrial/commercial development. The proposed project is to build an industrial park with 643,000 square feet of warehouse space, he said, and it would be three buildings constructed over three years. The buildings would be similar to the buildings in the Butler Business Park located southeast of I-29 and Main Avenue. The developer is requesting $5,250,000.00 in TIF assistance for extraordinary costs of site development, he stated, and the developer is planning to import 5 feet of sand to place under the building slabs to make the buildings suitable for prospective tenants. The review of this project should look at the potential for primary sector jobs, he said. He said Fargo TIF policy calls for the City Commission to review the request to determine if staff should proceed to work with the developer on a Renewal Plan, and forward an application to the City financial advisers for review.

Paul Hyde, Hyde Development, LLC, said this would be the company’s second redevelopment project in Fargo. He said this project translates into 320 new jobs and more than $50 million in private investment. He said if the TIF is granted it would be used to demolish old farmhouses, abandoned wells and septic systems on the site, import soils necessary to lift the buildings out of the floodplain and provide support and soil correction for the clay soils which support the buildings. He said tenants operating in these spaces are using high tech laser-guided forklifts, automated picking machines and sensitive medical device manufacturing operations that require extremely flat and level floors. He said the buildings also feature precast concrete walls, which provide superior insulation and building security. He said not every company needs this kind of space; however, the tenants Hyde is chasing need to have Class A space in order to be in Fargo. Hyde needs to level the playing field to be competitive with other markets, he said, with users these being very sophisticated. He said Hyde would have to mark up its rates at least 75 cents to a dollar a foot and that means businesses are going to pick another spot in another location.
In response to a question from Commissioner Gehrig asking if Hyde has put any engineering into the development of the site, Mr. Hyde said the company has invested a quarter of a million dollars.

In response to a question from Commissioner Gehrig asking what the contingency is for this $50-plus million development, Mr. Hyde said about 1 to 1½ percent.

In response to a question from Commissioner Gehrig asking if Fargo does not offer the incentive would the project move to Denver, Minneapolis or somewhere else outside of Fargo, Mr. Hyde said the project would not be built in Fargo without the TIF.

In response to a question from Commissioner Gehrig asking what the company’s one year return on investment (ROI) is with the incentive versus without, Mr. Hyde said if the company is near breaking even, the ROI is around 7 or 8 percent the first year depending on lease up, rental rates and lease terms.

In response to a question from Commissioner Gehrig asking if the company already has tenants due to the fact that the one-year ROI with the incentive is eight percent, Mr. Hyde said he does not yet have tenants, the buildings will be built speculatively and he hopes he sees some birds circling; however, like the two buildings in the Butler Business Park as well as buildings the company has built in Minneapolis and Denver, they are all speculative simply due to the fact that the tenants do not leave themselves much time in order to land in place by the time they need it.

Commissioner Gehrig said the one-year ROI is 8 percent; therefore, with an incentive it would be higher. Assuming the TIF is approved, he said, the ROI for Fargo is zero for 15 or 20 years and no investor would invest in anything that gives a zero percent ROI for 15 or 20 years; however, that is what Hyde is asking the City to do. He said Fargo gives Hyde $5 million and they do not pay taxes for the schools, parks, the County, the Airport, Vector Control or the City at large. He said someone will build on the site and he hopes it is Hyde due to the fact that they will make money. He said the vote should be “no” against this obviously speculative project.

Mayor Mahoney said what is being asked tonight is just a study on a TIF. He said a study answers what the ROI is with or without the TIF. The City’s financial advisers review the project, Hyde will pay taxes on the land it owns, the improvement is what they do not pay the tax on, they get the TIF, it is only one and a half percent of Fargo’s property values, so when a TIF is given it is to promote growth and development in the community. He said it is zero percent if the company does otherwise.

Commissioner Piepkorn said the Butler Business Park turned out so well and makes a very positive impression of the City compared to the tin buildings that were there and he thanked Mr. Hyde for doing that big improvement; however, with this project there are not any blighted buildings in the area and he will not support a TIF. He said it is not the same impact as the Butler project.

Commissioner Preston said this is really stretching it in her mind to offer a TIF to bring in soil and prepare the site. She said she is not going to support a TIF for the project.

Commissioner Strand said the Board is losing sight of the policies for tax exemptions, incentives and programs. He said there have been many TIFs that have gone through lately with 3-2 votes, which tells him the policy is not right. He said everyone needs to get on the same page and have a broader discussion. It was agreed several months ago when Commissioner Preston was new there would be a discussion about incentives and targeted breaks, he said, and he thinks the City is using TIFs willy-nilly, almost like free money and he would rather have it be policy driven. He said it is his recommendation to stop bringing these incentives forward until there is a clear discussion.

Mayor Mahoney said the policy was worked on for two years and it could be brought back for further discussion; however, at this time what came out of the policy is somebody can request a TIF, a study would be done and then it would come back to the Commission. The Commission is not approving the actual TIF tonight, he said, it is a vote to send it to the financial advisers for review. He said the City only gave two TIFs last year, they are not given out willy-nilly. He said it is one and a half percent of the property values in the City and the ROI has been 30-1 for Fargo, which has gone from $30 million worth of value to $300 million.

Mr. Gilmour said there are three different TIF policies: one for housing projects, one for mixed-use and one for commercial projects and this project meets at least five of the eight objectives. The objectives in question are sufficient brownfield conditions and blight, he said, and what the committee would do is look at these objectives and even more importantly, it goes to the City’s financial adviser who would look at the rate of return, does the company really need the money or could this project be feasible without the TIF.

Commissioner Gehrig said there is a new City Assessor and a new Commissioner and there should be a new meeting about these incentives.
Commissioner Gehrig moved that in one month's time there be a meeting to go over the Incentive Policy for Fargo.

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.

Commissioner Gehrig moved the request for Tax Increment Financing (TIF) for the redevelopment of property along Cass County Highway 20 be denied.

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 and the motion was declared carried.

Applications for property tax exemptions for Improvements Made to Buildings Approved:
a. Justin and Erica Valenti, 3634 21st Street South (3 year).
b. TPO Properties LLC, 2201 University Drive North (3 year).
c. Mike Hills, 2601 11th Street South (5 year).
d. Beverly Kerber, 1527 16th Street South (5 year).
e. Tim and Maria Olson, 513 20th Avenue North (5 year).
Commissioner Piepkorn moved the applications 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.

Tom Thompson Reappointed to the City Hall-Auditorium Commission:
The Board received a communication from Mayor Mahoney recommending that Tom Thompson be reappointed to the City-Hall Auditorium Commission.
Commissioner Preston moved Tom Thompson be reappointed to the City Hall-Auditorium Commission for a three-year term ending January 1, 2024.

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.

Cody Schuler Appointed to the Housing and Redevelopment Authority:
The Board received a communication from Mayor Mahoney recommending that Cody Schuler be appointed to the Housing and Redevelopment Authority to fill the vacancy created by the resignation of Karen Moore whose term would have expired on September 30, 2023.
Commissioner Preston moved Cody Shuler be appointed to fill the unexpired term of Karen Moore on the Housing and Redevelopment Authority for a term ending September 30, 2023.

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.

Legislative Update:
City Administrator Bruce Grubb said there are 34 bills to be heard this week and after a meeting last Friday following the North Dakota League of Cities legislative call, 10 of the 34 bills rose to the point of having testimony recommended.

Assistant City Administrator Michael Redlinger said one bill was heard this morning and was an item requested by the Human Relations Commission (HRC) as well as one supported by the Police Department and testimony has been submitted. He summarized the items from the Planning, Police and Finance Departments and the City Attorney. He said the first is SB 2232 in support of a Juneteenth observance, which is supported by Planning and HRC; HB 1293 is an item flagged by the Police Department regarding carrying firearms or dangerous weapons; SB 2046 is an item the Finance Department is recommending support, which is a bill the City feels is important in that it will increase the employer and employee contributions to NDPERS, both by one percent. HB 1367 was identified by the Finance Department to oppose, he said, and it is in regards to the preliminary budget timelines and a voter referral piece of language the City opposes. He said HB 1379 is one the Finance Department has indicated support and it has to do with the timing of state aid distribution, which currently occurs on a quarterly basis and would shift to a monthly distribution. HB 1383 is one identified by the Police Department for the City to oppose, he said, due to the fact that it limits enforcement of federal firearms laws. HB 1248 deals with the prohibition of firearms and dangerous weapons and was identified by the Police Department and the City Attorney's office to oppose. He said HB 1305 relates to access to the Attorney General's office for opinions and the City Attorney’s office recommends opposition. HB 1324 is a bill identified by the Engineering Department, he said, as one staff recommends opposing and it relates to the exercise of eminent domain powers.

In response to a question from Commissioner Preston about the items relating to firearms, Chief Zibolski said HB 1383 would prohibit officers from assisting federal law enforcement regarding the investigation, prosecution or enforcement of a violation of any federal statute or regulation related to regulating firearms, a firearm accessory or firearm ammunition unless the federal agency appealed to the District Court of the County first regarding the possible violations and the Court finds probable cause that a national security threat exists. This is largely impractical, he said, and would greatly hamper efforts of the Police Department. He said partnerships with State, County and Federal Law Enforcement entities are often involved in investigations that have to do with firearms regulations. He said he has not had an opportunity to speak with the sponsor of this particular bill to find out the intent; however, it would definitely hamper Law Enforcement's ability to work with the already existing task force and from a practicality standpoint, it does not seem like a viable bill. HB 1339 takes the definition of dangerous weapon and eliminates pretty much everything except a knife with a blade over five inches. Under current law, a dangerous weapon is for example a switchblade, gravity knife, machete, throwing stars and metal knuckles, and that is taken out of the definition entirely. He said the definition is changed in HB 1248, which is an additional prohibition for local Law Enforcement to prohibit these things during declared emergencies. He said in a situation such as the May riots, Police were prohibited by law in terms of prohibiting the carrying of firearms; however, Police could prohibit the carrying of dangerous weapons including some of the things previously listed. He said it adds that Police would be prohibited from prohibiting dangerous weapons for those attending a protest or riot-type situation. He said it would be in addition to the firearms dangerous weapons; therefore, in essence anyone could carry just about anything for the duration of those events.

In response to a question from Commissioner Preston asking why HB 1293 is listed twice, Chief Zibolski said HB 1293 changed and again, changes to bills affect other bills, which is why it is so complicated. He said the Legislature changed the definition in one bill and then changed some other wording in another bill regarding that definition and it is difficult to figure out what the overall proponents are trying to accomplish. He said HB 1293 looks like it takes away some of the constitutional carry requirements and adds language where someone who is not otherwise prohibited by law from possessing a handgun, could carry a handgun in church with approval of religious leaders. He said there was a piece in this bill that required one year of residency to be a constitutional carry person and it appears that part is struck. He said unless someone is otherwise prohibited, meaning they are a convicted felon or have been convicted of a crime of domestic violence or someone who was committed to a mental health facility, they no longer have to be a resident for a year to be a constitutional carrier and could carry immediately.

Commissioner Gehrig said he does not want to have testimony for HB 1293. He said he does not understand it; therefore, he does not want to put his name on it. He said he thinks the Commission should stand silent on this bill. He said if everyone else wants to, that is the majority; however, it should not be said that the entire Commission supports it.

In response to a question from Commissioner Preston asking what would be the purpose of the testimony for HB 1293, Chief Zibolski said prior to testimony he would try to contact the sponsor of the bill; however, due to Legislator’s schedules he has not been able to reach them.

In response to a question from Commissioner Preston asking what would the testimony contain, Chief Zibolski said it depends on what the intent of the bill is and until he talks to the Representative, he is not certain what is trying to be accomplished other than taking away the one year of residency requirement.

Commissioner Strand said the Commission is just spinning with information and this process of discussing legislation is difficult.

Mayor Mahoney said the difficulty is testimony has to be done Thursday; therefore, the Commission has to say “yes” or “no” tonight.

Commissioner Piepkorn said the Commission needs to rely on staff. He said if this is Chief Zibolski’s professional opinion, then that is what the Commission has to go with. He said the Commission needs to rely on the expertise of all of the different departments; however, it would be a courtesy to update the Commissioners as to what the bill says. He said to vote on each one of these bills, as Commissioner Strand said, the Commission is just spinning its wheels. He said with many of these bills, they are in constant motion, even as this meeting is going on tonight.

Mayor Mahoney said he takes from this discussion the Commission would allow Chief Zibolski to send testimony.

Commissioner Strand said his sense is the City should have a policy or a practice for staff that they will represent the City of Fargo in Bismarck to the best of their abilities. He said if someone is talking about changing laws and affecting City policies, that is when the Commission steps in. He said he does not want to micromanage the words that come out of their mouths or the words they put into a testimony.

Commissioner Gehrig said he respectfully disagrees. He said he had this happen numerous times where someone says “we think this” when in fact, no, “we” do not, another Commissioner might think that or the Mayor might think that, or the majority of Commissioners might think that; however, he wholly disagrees with giving more incentives, he does not want the Renaissance Zone to be a hundred blocks. If the Commission is sending someone to Bismarck without his say-so, he is going to speak out. He said he does not want to give leeway for the Police Chief or the Fire Chief or anybody else to say “here is what the Commission thinks.” He said the majority might but he does not and there should be an up or down vote on each bill; everyone should be on the record saying they do or do not support these things and then the Legislature can have their vote. He said he wants these things; otherwise, he is going to keep sending letters.

Mayor Mahoney said the present stance is if it follows policy of the City of Fargo, staff members will give testimony; therefore, unless someone on the Board specifically calls out a bill and brings it to this Commission and says they want to bring a bill up for a vote, staff testifies.

Commissioner Gehrig said if no one else agrees the Commissioners should talk about these bills and he is the only one, that is a 4-1 vote and he is against HB 1248 if it prohibits the legal sale of firearms. He said he is going to meet with administration every week and talk about every single bill and he will put it on the agenda.

Commissioner Strand said for the next Legislative session he would suggest the Commission look at what the School Board does with a Governance Committee that is tasked with dealing with legislation.

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, February 22, 2021.

Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:55 o’clock p.m.