Fargo City Commission - March 22, 2021 Minutes
The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 5:00 o'clock p.m., Monday, March 22, 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: The Library is accepting applications for Northern Narratives, Jr. through March 29th; StoryWalk continues through April and free seeds are available through the Seed Library while supplies last; the apartment vacancy rate in Fargo declined from 9% to 5.8% over the last year; kudos to Dave Rheault and Solid Waste for problem solving that received a compliment from a citizen; and the “Striving for Every Day Excellence” video was shown detailing another theme of the 2021 State of the City video.
Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved adding an extra item to the end of the Regular Agenda to consider an amendment to the “State of Emergency” Ordinance.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
Minutes Approved:
Commissioner Gehrig moved that the Minutes of the Regular Meeting of the Board held on March 8, 2021 be approved as read.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.
Consent Agenda Approved:
Commissioner Strand moved the Consent Agenda be approved as follows:
1. 2nd reading and final adoption of the following Ordinances:
a. Rezoning Certain Parcels of Land Lying in the Proposed Eagle Valley Fourth Addition to the City of Fargo, Cass County, North Dakota.
b. Rezoning Certain Parcels of Land Lying in the Proposed ADOC Addition to the City of Fargo, Cass County, North Dakota.
c. Amending Sections 23-0211 and 23-0215 of Article 23-02 of Chapter 23 of the Fargo Municipal Code Relating to the Electrical Code.
2. Applications for Games of Chance:
a. El Zagal Directors Staff for a raffle on 4/24/21.
b. Fargo North PTSA Post Prom Committee for a raffle on 4/17/21.
3. Agreement with Benjamin Baukol for the Multimedia Designer position in the Communications and Governmental Affairs Department for the term of 3/23/21 to 12/31/21.
4. Agreement with Anthony Arnold for the Engineering Technician I position.
5. Contract Amendment No. 7 with Houston Engineering in the amount of $30,000.00 for Project No. FM-14-0.
6. Submittal of the Notice of Intent.
7. Consent of Owner letter for Amtrak to make improvements to the 4th Street passenger terminal and surrounding area.
8. Amended Engineer’s Report for Project No. FM-19-F.
9. Bid advertisement for Project Nos. FM-19-B and FM-19-E.
10. Lease with First Center South, LLC.
11. Electronic Monitoring Services Agreements with Centre, Inc. and Alternative Corrections, Inc.
12. Sole Source Procurement (SSP21069) with Centre, Inc. to extend RFQ16126 for an additional five years, with a contract ending 12/31/25.
13. Application for Appropriation from Civil Asset Forfeiture Fund for the Fargo Police Department Criminal Investigation Fund.
14. Bids rejected for professional auction services (RFP21049), project to be rebid.
15. Extend the Mosquito Spraying Agreement with Airborne Vector Control, LLC for 2021 (RFP18018).
16. Authorization Application for Airborne Vector Control.
17. Sixty-day extension of unpaid leave for Carlos Perez.
18. Bid award to All Terrain Grounds Maintenance in the amount of $14,595.00 for the Main Avenue Landscape Maintenance Services Contract (RFP21032).
19. Request for Qualifications for the replacement of the in-ground hoists and repair of the drive over service bay at the Metro Transit Garage (RFQ21072).
20. Task Order No. 4 with AE2S in the amount of $773,600.00 for Project No. WA2005.
21. Bid awards to CC Steel LLC for the general construction contract in the amount of $3,419,000.00; Dakota Plains Mechanical for the mechanical construction contract in the amount of $245,550.00; and Sun Electric, Inc. in the amount of $939,000.00 for the electrical contract for Project No. WA2005.
22. Bills in the amount of $4,743,977.11.
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.
Negative Final Balancing Change Order No. 1 for Improvement District No. SL-20-B1 Approved:
Commissioner Strand moved Negative Final Balancing Change Order No. 1 in the amount of -$3,633.70 for Improvement District No. SL-20-B1 be approved.
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.
Negative Final Balancing Change Order No. 1 for Improvement District No. SL-20-C1 Approved:
Commissioner Strand moved Negative Final Balancing Change Order No. 1 in the amount of -$10,293.50 for Improvement District No. SL-20-C1 be approved.
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.
Cost Participation, Construction and Maintenance Agreement with the NDDOT for Improvement District No. BN-20-A1 Approved:
The Board received a Report of Action from the Public Works Projects Evaluation Committee regarding a Cost Participation, Construction and Maintenance Agreement with NDDOT for the reconstruction of North University Drive from 32nd Avenue to 40th Avenue North. They said the project is set to be bid in Bismarck on April 9, 2021 and scheduled to have a substantial completion date of November 1, 2021.
Commissioner Strand moved the Cost Participation, Construction and Maintenance Agreement with the NDDOT for Improvement District No. BN-20-A1 be approved.
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.
New Paving and Utility Construction Improvement District No. BN-21-C (on 22nd Street South, Griffin Drive South and Aquiline Drive South):
Commissioner Strand moved the following action be taken in connection with New Paving and Utility Construction Improvement District No. BN-21-C:
Adopt Resolution Creating Improvement District No. BN-21-C:
This project is for new construction of underground utilities, asphalt pavement, site grading and incidentals on 22nd Street South, Griffin Drive South and Aquiline Drive South.
COMPRISING:
Lot 9, Block 5.
Lot 20, Block 5. (To be replatted as Eagle Valley 4th Addition.)
All platted within Eagle Valley 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-C 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-C:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-21-C 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 $1,323,806.43.)
Order Plans and Specifications for Improvement District No. BN-21-C:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BN-21-C in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-21-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-21-C 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-C 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-C 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.
NOW, THEREFORE, BE IT RESOLVED, That New Paving and Utility Construction Improvement District No. BN-21-C in the City of Fargo, North Dakota, be and the same is hereby created.
Direct City Auditor's Office to Call for Bids for Improvement District No. BN-21-C:
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-C in the City of Fargo, North Dakota.
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.
New Paving and Utility Construction Improvement District No. BN-21-G (Various Locations in South Fargo):
Commissioner Strand moved the following action be taken in connection with New Paving and Utility Construction Improvement District No. BN-21-G:
Adopt Resolution Creating Improvement District No. BN-21-G:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BN-21-G in the City of Fargo, North Dakota, be created
On 27th Street South and 28th Street South between 65th Avenue South and 67th Avenue South.
On 65th Avenue South from 180’ west of 26th Street South to 28th Street South.
On 67th Avenue South from 180’ west of 26th Street South to Drain 53.
On 28th Street South between 64th Avenue South and 65th Avenue South.
COMPRISING:
Lots 20 through 24.
All platted within South Haven Subdivision.
Lot 17, Block 1.
All platted within Selkirk Place 1st Addition
Lots 17 through 32, Block 4.
Lots 1 through 32, Block 5
Lots 1 through 13, Block 6
All platted within Golden Valley 4th Addition
All of the unplatted land in the north east quarter of Section 11, T138N, R49W lying south of 67th Avenue South and east of Drain 53.
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-G 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-G:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-21-G 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 $2,624,586.36.)
Order Plans and Specifications for Improvement District No. BN-21-G:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BN-21-G in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-21-G:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-21-G 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-G 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-G 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 84% 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-G:
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-G in the City of Fargo, North Dakota.
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.
New Utility Construction Improvement District No. UN-21-A (East of I-29, West of Cass County Drain 10 and North of 40th Avenue North):
Commissioner Strand moved the following action be taken in connection with New Utility Construction Improvement District No. UN-21-A:
Adopt Resolution Creating Improvement District No. UN-21-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. UN-21-A in the City of Fargo, North Dakota, be created
Highway 81 from 40th Avenue North to 44th Avenue North, 37th Street from 44th Avenue North to 46th Avenue North and 46th Avenue North from 37th Street North to County Drain 10.
COMPRISING:
All of the platted and unplatted land in the SW Quarter of Section 10, T140N, R49W; Section 15, T140N, R49W; Section 14, T140N, R49W; and the NW Quarter of Section 13, T140N, R49W lying east of Interstate 29, west of Cass County Drain 10, and north of 40th Avenue North.
All of the foregoing is located in the City of Fargo, Cass County, North Dakota.
All of the platted and unplatted land in the SW Quarter of Section 10, T140N, R49W; Section 15, T140N, R49W; Section 14, T140N, R49W; and the NW Quarter of Section 13, T140N, R49W lying east of Interstate 29, west of Cass County Drain 10 and north of 40th Avenue North.
All of the foregoing is located in the ET area of the City of Fargo, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That New Utility Construction Improvement District No. UN-21-A 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. UN-21-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. UN-21-A 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 $2,445,549.12.)
Order Plans and Specifications for Improvement District No. UN-21-A:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. UN-21-A in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. UN-21-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. UN-21-A 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. UN-21-A 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 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 Utility Construction Improvement District No. UN-21-A 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 Utility Construction improvement is to be paid from State and Local Funds, and approximately 83% 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 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. UN-21-A:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. UN-21-A in the City of Fargo, North Dakota.
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.
Contract for Southwest Regional Pond Phase 1 Improvement District No. FP-19-A1 (electrical) Approved:
Commissioner Strand moved the Contract between the City of Fargo and Strata Corporation for Southwest Regional Pond Phase 1 Improvement District No. FP-19-A1 (electrical) in the City of Fargo, North Dakota, be approved.
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.
Contract Bond for Southwest Regional Pond Phase 1 Improvement District No. FP-19-A1 (electrical) Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
Western Surety Company, in the amount of $110,190.00, for Southwest Regional Pond Phase 1 Improvement District No. FP-19-A1 (electrical) in the City of Fargo, North Dakota.
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.
Resident Comments:
Wes Philome encouraged the drafting of a bias-crime Ordinance and spoke about acts of hate; Alexander Simon read the Hippocratic Oath; and Faith Dixon spoke on the make-up of the Liquor Control Board.
Application to Transfer the Alcoholic Beverage License from Big Erv’s Bar and Grill, LLC d/b/a Big Erv’s at Rose Creek to Living the Dream, LLC d/b/a Legends Continued to April 5, 2021:
A Hearing had been set for this day and hour on an application to transfer the Class "FA-Golf" Alcoholic Beverage License from Big Erv’s Bar and Grill, LLC d/b/a Big Erv’s at Rose Creek to Living the Dream, LLC d/b/a Legends at 1500 East Rose Creek Parkway South; however, the applicant is requesting the Hearing be continued.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on Monday, April 5, 2021.
Second by Gehrig. On call of the roll Commissioners Piepkorn, Gehrig, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application Filed by Aparium Hotel Group, LLC d/b/a Jasper Hotel for an Alcoholic Beverage License Continued to April 5, 2021:
A Hearing had been set for this day and hour on the application filed by Aparium Hotel Group, LLC d/b/a Jasper Hotel for a Class "ABH" Alcoholic Beverage License at 215 Broadway North, notice of which had been duly published in the official newspaper for the City of Fargo; however, the applicant is requesting the Hearing be continued.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on Monday, April 5, 2021.
Second by Gehrig. On call of the roll Commissioners Piepkorn, Gehrig, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application Filed by The White House and Vintage Rental d/b/a The Ivy and Rose Warehouse for an Alcoholic Beverage License Withdrawn:
A Hearing had been set for March 8, 2021 on the application filed by The White House and Vintage Rental d/b/a The Ivy and Rose Warehouse for a Class "CW" Alcoholic Beverage License at 22 14 1/2 Street North.
At the March 8, 2021 meeting, the Hearing was continued to this day and hour; however, City Auditor Steve Sprague said staff recommends the application be withdrawn and be brought back to the Board when the applicant has everything in order.
Commissioner Piepkorn moved the application filed by The White House and Vintage Rental d/b/a The Ivy and Rose Warehouse for a Class “CW” Alcoholic Beverage License be withdrawn.
Second by Gehrig. On call of the roll Commissioners Piepkorn, Gehrig, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Hearing on Special Assessments for Sewer Repairs on Certain Properties in the City of Fargo:
A Hearing had been set for this day and hour on the special assessments for sewer repairs on the list of properties on file in the City Auditor’s Office.
No appeals have been filed in writing against any item appearing on such special assessments list and no person is present at this Hearing to appeal or offer any objection thereto.
City Auditor Steve Sprague said the City has a sewer repair policy where if a property owner has to fix their sewer line, they can come to the City and in certain cases the City will pay part of that repair. The assessment roll total this year is more than $1 million, he said and the amount will be included in the bonding list Finance Director Kent Costin is working on. He said what has been seen lately is 100% on the homeowners, with an amortization of 15 years at a 5% interest rate. He said homeowners are allowed to choose a contractor and to get multiple bids on repairs. He said he has seen more businesses use the special assessment option. Business repairs do not have involvement from the City, whereas, he said, if a homeowner repairs the sewer all the way to the street, the City will pay part of the cost. Costs have increased, he said, what used to be about $1,000 per foot is now $1,200.00-$1,500.00 per foot resulting in more assessments that are around $20,000.00.
In response to a question from Commissioner Strand asking whether the City could be more proactive to reduce the catastrophic failures that signal repairs, City Engineer Brenda Derrig said homeowners are responsible for repairs to the main. In recent years, she said, the Engineering Department has been replacing everything under the road when water main projects are done making excavating in the ground the only cost. As far as options, she said, the lining option still requires the street be dug up to make the final connection at the main. Options are constantly being looked at, she said, and the program where the City steps in and pays additional costs for being in the road has been successful, she said.
Commissioner Strand said most folks do not anticipate incurring this type of a cost when they purchase a home and it can be catastrophic to a budget. He said anything the City can do to proactively minimize impacts, costs and disruptions. He said having the program in place where homeowners can have the cost assessed over time is valuable.
Ms. Derrig said she is always open to ideas and she can visit with other cities about their programs. She said she believes Fargo may be ahead of others having the program in place that many cities may not have, plus there are funds available that many cities do not have.
Commissioner Gehrig moved the sewer repair special assessments list be approved as presented.
Second by Preston. On call of the roll Commissioners Gehrig, Preston, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Resolution Adopted Approving a Vacation Plat of Portions of 2nd Street North, 4th Avenue North and Public Right-of-Way Between Blocks 4 and 5, North Dakota R-1 Urban Renewal Addition:
Current Planning Coordinator Donald Kress said this item and the next agenda item are the final steps in the rerouting of 2nd Street North to support permanent flood protection along this corridor in conjunction with the F-M Diversion Project. He said the primary purpose of this reroute was to allow for the construction of permanent flood protection and to provide a secondary benefit by creating additional distance between 2nd Street and the Red River. This additional distance allowed for additional park area and multi-use trails to be constructed along the river.
Commissioner Preston offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Vacation Plat of Portions of 2nd Street North, 4th Avenue North and Public
Right-of Way Between Blocks 4 and 5, North Dakota R-1 Urban Renewal Addition” located at 2nd Street North from 1st Avenue to 5th Avenue North; and
WHEREAS, A Hearing was held June 6, 2017 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on February 17 and 22, and March 3 and 10, 2021 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., March 22, 2021 at which time said Plat would be considered and all interested persons would be heard.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “Vacation Plat of Portions of 2nd Street North, 4th Avenue North and Public Right-of Way Between Blocks 4 and 5, North Dakota R-1 Urban Renewal Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.
Second by Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Preston, Gehrig, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
Resolution Adopted Approving Dedication Plat of 2nd Street North (2nd Street North from 1st Avenue to 5th Avenue North):
A Hearing had been set for this day and hour to consider an application requesting a Plat of Dedication of 2nd Street North, portions of North Dakota R-1 Urban Renewal Addition Keeney and Devitt’s Second Addition, and portions of vacated 2nd Street North, 4th Avenue North and 5th Avenue North (2nd Street North from 1st Avenue to 5th Avenue North) to the City of Fargo, Cass County, North Dakota.
No written protests have been filed for the attention of the Board.
The Board determined that no person is present at this Hearing to protest or offer objection thereto.
Current Planning Coordinator said this is one of the final steps in the rerouting of 2nd Street North to support permanent flood protection along this corridor in conjunction with the F-M Diversion Project.
Commissioner Preston offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Dedication of 2nd Street North” containing 3.62 acres of land more or less, located at 2nd Street North from 1st Avenue to 5th Avenue North; and
WHEREAS, A Hearing was held June 6, 2017 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on March 10 and 17, 2021 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., March 22, 2021 at which time said Plat would be considered and all interested persons would be heard.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “Dedication of 2md Street North” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.
Second by Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Preston, Gehrig, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
Parcels of Land in Chas A. Roberts Addition Rezoned (615 9th Avenue South):
At a Hearing held on March 2, 2021 the Fargo Planning Commission recommended approval of a change in zoning from SR-3, Single-Dwelling Residential to NC, Neighborhood Commercial.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said the proposed low-intensity commercial zoning district reflects the recent use of the property as a stained glass workshop as well as the future use of the property as an antique furniture consignment and repair shop. He said the business owner anticipates customers will spend only 10-15 minutes dropping off or collecting furniture from the shop, with the occasional customer stopping to purchase refinished antique furniture. In August 2000, he stated, a variance was granted for a building addition in the rear of the existing structure, which eliminated any area available for off-street parking. He said in 2013, a second variance allowed the owner to reconstruct a portion of the existing shop, maintaining the original building footprint. The building fronts 9th Avenue South, he said, which is subject to seasonal parking restrictions; however, parking on both sides of the street is allowed April 16th to October 31st. The property owner knows about these restrictions, he said, which were established prior to the approval of both variances.
Alexander Simon, 343 9th Avenue South, said he is not against the rezoning; however, he has concerns of what could happen in the future if neighboring properties are acquired and the lot were used for something larger.
Mr. Kress said the NC zoning is generally used for small areas and is intended to be in a limited area such as this. Any other rezoning would come back to the Board and neighbors would be notified, he stated.
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.
Second by Preston. On the vote being taken on the question of the adoption of the Resolution Commissioners Gehrig, Preston, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
First Reading of an Ordinance Rezoning a Certain Parcel of Land Lying in Chas A. Roberts Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Gehrig moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in Chas A. Roberts Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.
Second by Preston. On call of the roll Commissioners Gehrig, Preston, Strand, Piepkorn 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 Cass County has 276 active cases. She said the 14-day rolling average positivity rate is 5.76 percent in Cass County and 3.1 percent in North Dakota. Nineteen individuals are hospitalized in North Dakota, she said, and deaths in Cass County remain at 196. Seven individuals with the UK variant strain and four with the California variant strain have been identified in the State, she said. Testing numbers have decreased and remain fairly steady since January, she said. The Center for Medicare and Medicaid Services has updated the status of Cass County from green to yellow which now requires skilled nursing facilities to test weekly for three weeks or until positivity rates begin to decline. She said the COVID testing facility has changed to the strip mall at 3051 25th Street South and rapid tests are available to the general public Monday through Friday, along with other priority group testing. The metrics set forth by the physician panel for Red River Valley COVID-19 Task Force which include a 14-day rolling positivity rate less than 3%, vaccinations offered through the 1B Priority Group and no widely circulated variant strains that are not responding to vaccine, she said. Currently two of the three metrics are met, she said; however, the raised positivity rate is raising concerns with feelings that letting the mask mandate expire tonight may be somewhat premature. FCPH remains very busy with vaccination efforts, she said, with just under 76,000 vaccines given in Cass County representing a 37.39 percent first dose coverage rate. She said on March 29th, Phase 2 vaccinations will be offered to anyone age 16 and older and the hope is all will consider vaccination if they are able, so strides toward higher immunity can continue.
In response to a question from Commissioner Preston asking about vaccination rates in at-risk populations, Ms. Fleming said the 75 plus age group is at about 69-75 percent and similar through age 64 with lower age categories at about 30 percent.
Commissioner Strand said he is concerned that when mask mandates are lessened and there are activities such as bar crawls, parades and football games that draw hundreds, the risks increase.
Ms. Fleming said there have definitely been cases from being in public spaces when social distancing is not possible. The message from Public Health will not change, she said, masking is a huge part.
Commissioner Preston said numbers have actually gone up in the past week and it is still a concern. She said in pulling back from a mask mandate, it is important to clearly tell people it is best to continue to wear a mask.
Commissioner Gehrig said the Board loses credibility when it mandates things that are not required, the numbers are way down and the public was told the mandate would go away.
Mayor Mahoney said there has not been a COVID-19 death in Cass County since February 24th. Vaccinations of at least one dose are at nearly 50 percent, he said, and there is better treatment for COVID-19, there are less people in ICU and monoclonal therapy has made a tremendous change in the death rate. Vaccinations will be open to all adults in the community soon, he said. He said he agrees it is a concern; however, he hears the community saying they would like the word “mandate” to go away and he would like to trust the responsibility of individuals to wear masks in public places and honor business’ request that they wear a mask. He said while he is concerned, he feels it is more important to end the mask mandate.
Commissioner Piepkorn said the Board needs to encourage people to wear a mask, and that social distancing and hand washing be continued, as well as vaccinations. It goes back to freedom, he said, and he will continue to wear a mask in a grocery store. He said masks need to be worn, especially in high populated situations such as City Hall or a basketball or football game, to be a good neighbor.
Commissioner Strand said if there is a spike, this will be back on the table.
Commissioner Strand moved that what was originally a mask “mandate” be changed to become mask “guidelines” and be extended through April 5, 2021.
Second by Preston. On call of the roll Commissioners Strand and Preston voted aye.
Commissioners Gehrig, Piepkorn and Mahoney voted nay.
The motion was declared lost for the lack of a majority.
Drought Status Update:
City Administrator Bruce Grubb shared information related to the drought status in the area. He said Fargo is a regional provider of wastewater services as well as water services. The Red River Valley faces a paradox ranging from too wet to too dry, he said. In 1988, at one point, water was not even flowing over the mid-town dam, he said, and in 2009 there was the flood of record. Not only in the 1930’s, he said, but in the 1970s, 1980s, and 1990s the Red River hit points where it would not provide the current daily water use. Sources of water for Fargo include the Red River, Sheyenne River and Lake Ashtabula, he said; however, in a 1930s style drought, the only reliable source of water in the entire State is the Missouri River which makes up 95% of all the surface water. He shared a graph of the Fargo Per Capita Average Day Demand from 1980 to 2010 which shows a steady decline from about 150 gallons per person per day to 100 gallons per person per day and now it is at about 100 gallons per person per day. The long-term solution is the Red River Valley Water Supply Project and the short-term solution is the drought management plan, he said, which contains measures that could be taken in the event of an insufficient supply.
Water Utility Director Troy Hall said there are four phases as the water condition becomes concerning and he outlined the Phased Drought Management Plan and Drought responses. He said the voluntary category would have no enforcements, the mandatory category would have enforcement with warnings and lesser penalties and the ban category would have enforcement with penalties. Some tools available to look at water usage in the control system produces graphs and allows observation of patterns of customer water usage, he said. Indicators that cause phase changes are the Palmer Drought Severity Index (PDSI), Standard Precipitation Index (SPI), Stream Flows, Reservoir Levels and Infrastructure Triggers such as water main breaks, water tower failures or Treatment Plant Issues. He said as long as water is passing by the intakes on the Red River and Sheyenne River, the system is in good shape.
In response to a question from Commissioner Preston on the per capita daily water use trend and whether there are incentives, Mr. Grubb said it seems the reduction has been achieved through efficiencies such as plumbing fixtures and the community seems educated and aware of water conservation. He said there are no incentives at this time; however, that will be a topic at the newly formed Sustainability and Resiliency Committee.
In response to a question from Commissioner Piepkorn asking about the timing and funding of the Red River Valley Water Supply Project, Mr. Grubb said that is the permanent solution and one component of three has been started and the other two components have had bids awarded. He said it is a 6-to10 year build and work on the funding plans have been to put together for an affordable product and permanent drought protection.
In response to a question from Commissioner Strand asking if individuals can dig wells and do their own irrigation for their yards without having to depend on the City system of treated water, Mr. Hall said he has only had that question a few times. He said in checking with the State Water Commission, it is not prohibited; however, the geology in the Red River Valley has a lot of clay and not many pockets of sand and gravel where people can drill wells, plus it is expensive.
In answer to a question from Commissioner Strand about contaminants such as herbicides and pesticides, Mr. Hall said testing above and beyond necessary from a regulatory stand point has only found a couple of really low concentrations and nothing getting into the tap water.
At 6:13 o’clock p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.
2020 Downtown Fargo Business Improvement District Overview:
City Auditor Steve Sprague said the Downtown Fargo Business Improvement District (BID) has been in place since 2012. He introduced BID Operations Manager Chris Schlepp and BID Board Member Jesse Helland who shared a presentation entitled 2020 Downtown Fargo Ambassador Report that included information on BID, Community Partners, statistics on cleaning, maintenance, safety, hospitality and the budget.
Mr. Schlepp said some of the Downtown promotional efforts include a Safety Escort Billboard, Downtown parklet, “BID was Here” cards, seasonal flags, flower baskets and annual holiday lights. Community involvement included putting up the Gladys Ray Shelter tent, stringing electricity and lights, clean-up after the Downtown riot, Porta Potties for homeless, and “We’ve Got Pride flags,” he said. In 2020, he said, additional recycle bins were placed, directory signs were updated, warm white holiday lights lined the streets and additional cigarette, trash receptacles and utility box wraps were installed. He said looking forward, additional maintenance and safety ambassadors will be added, additional maintenance equipment will be added, business hours will be extended, new seasonal banners and artwork purchased, Downtown puppy relief areas added and additional cigarette butt receptacles will be placed.
In response to a question from Commissioner Piepkorn about the potential in the future for a project of a catalog where individuals could pick a piece of art and put on an approved infrastructure for a fee, Mr. Schlepp said the kinks are still being worked out. There is more to work out; however, if all goes according to plan, he said, that could be implemented not only in Fargo but in neighboring communities as well.
Commissioner Piepkorn said the lights in Downtown are beautiful in the winter time. He said during a busy St. Patrick’s Day event, he witnessed patrol officers doing walk through at an establishment, which he feels is a good idea for visibility and to promote safety.
In response to a question from Commissioner Strand about recycling Downtown, Mr. Schlepp said there is a recycling bin next to every trash can on each corner of every intersection of Broadway and he hopes to expand them off of Broadway.
Mr. Helland said graffiti removal and snow removal are a big part of what they do. He said there is a series of monthly meetings with the Police Department, which provides a form for BID and DCP members for dialogue. BID’s hours and presence Downtown has been increased, he said, and in preparation for the next budget a draft has been created to realign the five zones of Downtown to fit the needs of the additional properties coming online, which will be looked at in the 2022 renewal to determine if there should be a shift in the zones.
In response to a question from Commissioner Preston about whether the 2021 budget is the same revenue level, Mr. Schlepp said it is not. He said assessments went up due to additions of properties in the Downtown area, which went from 370 last year to 470 this year, which is about $130,000.00 more. He was able to hire more full time staff and do more Downtown. He said there is not much difference in what businesses were paying before compared to what they pay now, with the exception of additional properties.
In response to a question from Commissioner Strand asking what the wish list would be for as far as public safety, Mr. Schlepp said he would like more staff to get more eyes on the street. He likes where the relationship is going with the Police Chief and if he had his way, there would be more cameras even in business owners shops.
Mr. Sprague said the original budget for BID this year included hiring off-duty Police Officers as extra patrol Downtown; however, the newly hired Police Chief had a different idea about using off duty Police and the budget was revised and Mr. Schlepp is able to hire an additional person to be on the streets.
In response to a question from Commissioner Strand asking how the City can be more considerate to seniors Downtown who really need a bench to sit on, shade or a restroom, Mr. Schlepp said these are conversations to take up with the Downtown Task Force that meets monthly to discuss issues Downtown.
Spring Clean-Up to be Held the Weeks of May 3-7 and May 10-14, 2021:
Public Works Director Ben Dow said the City’s annual Clean-Up Week is usually held the first full week of May; however, last year Clean-Up Week was delayed until fall due to COVID-19 and the City hired a contractor to perform the work over a two-week period. He said with spring quickly approaching, the City’s Public Works and Solid Waste Departments have been discussing how to proceed with Clean-Up Week this year while still facing COVID-19 risk factors. He said the City usually hires about 30 day laborers to assist with Spring Clean-up when performed during a single week, and now finding day laborers has become increasing difficult. In order to limit exposure and reduce the number of day laborers required, staff is recommending the City conduct Spring Clean-up for residents over a two-week period following Recycling Week B from May 3 - 7 and Recycling Week A from May 10-14. He said switching to a two-week schedule limits the amount of overtime required to complete the process and reduces day laborer needs from 30 individuals to 10.
Utility Director Terry Ludlum said there was a wind event this weekend and when he contacted two different firms to find day laborers to help tidy up the landfill area, he was told there were none available. He said these folks are not showing up for employment due to factors such as the availability of unemployment funds, so the task will fall on staff.
In response to a question from Commissioner Gehrig asking whether it will cost more, Mr. Dow said he is thinking it can be done with the same budget. He said there are overtime costs when it is done in a single week, as well as 30-40 day laborers. If spread over two weeks it could be done more in the regular 40-hour shift with only about 10 day laborers, he said.
Commissioner Gehrig moved Spring Clean-Up to be held over the weeks of May 3-7 and May 10-14, 2021.
Second by Strand. On call of the roll Commissioners Gehrig, Strand, Preston, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
First Reading of an Ordinance Amending Section 25-1512 Through 25-1515 and Enacting Sections 25-1513 Through 25-1517 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Restrictions on Sale, Service or Dispensing of Alcoholic Beverages:
Commissioner Preston moved an Ordinance Amending Section 25-1512 through 25-1515, Enacting Sections 25-1513 through 25-1517 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Restrictions on Sale, Service or Dispensing of Alcoholic Beverages be placed on first reading.
Second by Strand.
Commissioner Gehrig said with respect to the proposed Ordinance amending liquor licensing, to establish a restructured membership on the Liquor Control Board (LCB) and to establish a more extensive explanation of the Public Hearing process, he is generally supportive of the efforts; however, he urges the City Commission to consider two Amendments to the draft Ordinance. The first, he said, is to allow a second City Commissioner to serve on the LCB at the discretion of the City Commission and the second is to allow the City Commission to take action on any disciplinary matter without first requiring the LCB hold a Public Hearing and recommending a disposition.
Commissioner Gehrig moved that the proposed Ordinance Amending Section 25-1512 through 25-1515 and Enacting Section 25-1513 through 25-1517 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Restrictions on Sale, Service or Dispensing of Alcoholic Beverages be amended as presented and placed on first reading.
The motion died for lack of a second.
In response to a question from Commissioner Strand asking whether issues would go to the LCB first and then appealed to the City Commission, Assistant City Attorney Nancy Morris said it is written so that if a violation is brought to the attention of the City Auditor, it would then be brought to the LCB and then the opportunity for a hearing before the City Commission if the licensee chooses, before any sanctions would be applied to that license. She said the way she reads it is there would not be sanctions imposed unless approved by the City Commission. If the licensee disagrees with the action of the City Commission, they would go to District Court, she stated.
Commissioner Gehrig said the LCB is only an advisory group and he does not feel that it makes sense to put it into law that one must go to the LCB before going to the City Commission.
Ms. Morris said there was litigation presented as an appeal to the City Commission which upheld the violation, a finding of failure of the 50/50 food to alcohol ratio. She said District Court found it should not have been an appeal, it should have been a full hearing and to resolve it, the judge remanded it back to the City Commission for a full Hearing. The amended Ordinance addresses some of what is the authority of the LCB, which is a recommending body, she said.
Commissioner Gehrig said this is attempting to fix the problem through law when it could be obtained through standard operating procedures. He said an Ordinance ties the hands of future Commissions and the next Mayor so they cannot choose who is on the LCB and he said it is an attempt to take him off that Board.
Ms. Morris said there is not an Ordinance that establishes the Liquor Control Board, it was set up years ago without formal action by Ordinance. She said there have been discussions over the years about changes to the LCB and the judge’s order prompted it further.
Commissioner Strand said it is appealing to have citizen engagement and representation on the LCB and that is a step up.
Commissioner Piepkorn said there are a number of issues the LCB needs to address, this is a first step and it cannot all be done at once. He said a number of licenses are owned by the license holders and a portion are owned by the City. This is a first step, he said, driven by the judge as well as the new Police Chief who said he was not comfortable participating.
Commissioner Gehrig said all those problems can be fixed without a new law, the Mayor could appoint anyone to the LCB right now.
Commissioner Preston said she supports the changes, and even though some of what Commissioner Gehrig proposed could be done, it has not been done and this will clarify and make sure it does get done. She said when dealing with items such as liquor licenses and the ability to run a liquor establishment, it is about people’s livelihoods, so the more the process is formalized and clearly identified, the better. An Ordinance can be changed in the future if desired, she stated.
On call of the roll Commissioners Preston, Strand, Piepkorn and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.
City Attorney’s Office Directed to Work with Appropriate Staff to Research an Anti-Bias Crime Ordinance for the City of Fargo:
Commissioner Preston said there have been incidents when residents of the City have been victims of criminal activity and were targeted due to their race, color, ethnicity, national origin, religion, disability, gender, sexual orientation or gender identity. She said this type of crime causes an environment of fear for individuals directly affected and for the entire targeted population. She said she would like the City Attorney to draft an Ordinance that establishes criminal activity carried out with a bias as a separate offense and carries a separate sentence in addition to the underlying criminal offense. The Ordinance would also require law enforcement training in identifying and a requirement for reporting those incidents, she said, and just as important, it sends a clear message that population-targeted hate crimes will not be tolerated in the community. The hope is everyone feels safe and welcome in Fargo, she said. It has come to her attention, she said, that there is a State law that was written in 1973 that might be considered anti-bias; however, it is very restricting and actually has never been used.
In response to a question from Commissioner Gehrig asking if such an Ordinance would be considered contrary to State law, Assistant City Attorney Nancy Morris said there is some room for interpretation due to the law in place being discrimination in public places which may not apply to assault charges or something that may otherwise be a Class B misdemeanor under City Ordinances.
Commissioner Gehrig said the 14th Amendment is equal protection under the law and he does not know how one defends one instance as being a hate crime while another is not. He said he would ask what City or State would Fargo model, what community instituted such laws and found hate crimes were reduced. He would first want to know whether this works and does creating more laws fix the problem.
Commissioner Preston said when this type of law goes in effect the actual number of reported bias crimes would probably go up; therefore, that likely cannot be used as a metric.
Commissioner Piepkorn said Federal and State laws need to be examined first to find out what exists. He said one must be careful about who is the arbiter of a hate crime, is one murder worse than another murder or one crime worse than another. He said wording would have to be very specific.
Ms. Morris said surrounding areas have State laws regarding bias crimes and it was recently presented to the North Dakota Legislature; however, it did not pass.
Commissioner Preston what this addresses is City-based criminal misdemeanors such as property crimes or simple assaults. She said for example, in recent weeks since the Atlanta murders, the Asian community is very worried and scared due to the perception that these Asian women were targeted. She said unfortunately the State of North Dakota did not go forward with an anti-bias bill, otherwise murder and other high level crimes would have been addressed.
Commissioner Strand said researching what other communities do will be critical. He said North Dakota is one of the worst states for protecting people at risk and one of the few states without any protections in place. He said North Dakota’s mindset is “let’s just treat all people well” while the facts bear out that when you have enumerated protected classes there is a higher standard for public employees and other people to adhere to so they do not pick on at-risk people. He said there are some categories in the 1973 law that are not protected today such as gender identity and sexual orientation so there are some gaps that do not reflect contemporary thinking. He said in 2009 when he was on the Fargo School Board, North Dakota’s mindset was “let’s just make sure all kids are treated well” and Fargo’s leadership enacted anti-bullying policies. He said data bore out that if there is a declaration that all these protected classes are required to be adhered to by staff, then there is a higher adherence and a higher safety level for kids at risk. He said it is not much different here; if there are people of color, different races, economic statuses, hair color, physical capabilities, and until as a community it is decided to treat each other fairly, then he is in favor of enumerating and spelling out the at-risk categories.
Commissioner Gehrig said this must not be taken lightly; the penalties such as jail time that are put on people can ruin their lives.
Commissioner Preston said an example would be spray painting a swastika on the property of a Jewish citizen, which would be a clear targeted property crime. Then a prosecutor will have to decide a level of proof to actually make charges, she said, and an enhanced penalty can go on an original criminal offense. She said either way, a level of proof needs to be attained.
Commissioner Piepkorn said he favors looking at what is going on around the country; however, he feels it is premature to vote on anything with so many questions to propose an Ordinance and not even knowing what Federal and State specific laws are.
Commissioner Gehrig said research may find it is open to interpretation.
Commissioner Preston moved the City Attorney’s Office be directed to research the feasibility for an Anti-bias Crime Ordinance and draft an Ordinance if found feasible with State law.
Second by Strand.
Commissioner Gehrig moved to amend the motion to have the City Attorney come back with their findings and the Board can then decide whether to draft an Ordinance.
The motion died for lack of a second.
On call of the roll Commissioners Preston, Strand and Mahoney voted aye.
Commissioners Gehrig and Piepkorn voted nay.
The motion was declared carried.
Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Mark and Nancy Wolfe, 3113 26th Avenue South (3 year).
b. Kasey and Anna McNary, 2956 Peterson Parkway North (3 year).
c. Dennis and Viola Schwind, 1520 37 1/2 Avenue South (3 year).
d. Neil Gruchalla, 1412 10th Street North (5 year).
e. Mike and Heidi Klukken, 3410 1st Street North (5 year).
f. Bruce and Elizabeth Thompson, 1329 10th Street South (5 year).
g. Brianna and Ryan Miller, 810 9th 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.
James Kapitan Appointed to the Airport Authority:
The Board received a communication from Mayor Mahoney recommending that James Kapitan be appointed to the Airport Authority to replace Michael Haugen whose term expires on April 8, 2021.
Commissioner Gehrig said Michael Haugen has only served one term and has asked for reappointment. He said he favors reappointing Mr. Haugen.
Commissioner Piepkorn moved James Kapitan be appointed to the Airport Authority for a five-year term ending April 8, 2026.
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.
Reappointments to the Fargo Dome Authority:
The Board received a communication from Mayor Mahoney recommending that Dan Armbrust and David Suppes be reappointed to the Fargo Dome Authority.
Commissioner Preston moved Dan Armbrust and David Suppes be reappointed to the Fargo Dome Authority for four-year terms ending April 1, 2025.
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.
Discussion on an Amendment to the State of Emergency Ordinance:
Commissioner Gehrig said he is requesting consideration of an amendment to the existing State of Emergency Ordinance, Fargo Municipal Code Section 10-0318 of Article 10-03 of Chapter 10 of the Fargo Municipal Code pertaining to States of Emergency. He said the City Attorney has drafted a proposed Ordinance to that effect. He said it addresses how long the State of Emergency can be extended and the powers given the Mayor. He said much has been learned through the COVID-19 pandemic and the Ordinance can be adjusted. He said it does not take away the Mayor’s powers or power to declare an emergency, it says when an emergency is declared, the Mayor must request the powers he wants. Different powers are needed for difference circumstances such as pandemics, floods or riots, he said, and the City Commission would approve those powers. A State of Emergency can be canceled at any time with a majority vote or by the Mayor stating that, he said; however, it would have to be voted on every 90 days. He said it can be extended as many times as possible.
Commissioner Gehrig moved the Ordinance Amending Section 10-0318 of Article 10-03 of Chapter 10 of the Fargo Municipal Code Relating to State of Emergency Declarations and Duration be received and filed and placed on first reading at the next Regular Meeting of the Board.
The motion died for lack of a second.
Commissioner Strand said he would be curious about the State’s actions since they are having similar discussions. He said perhaps it is best to wait and see where the dust settles statutorily.
Mayor Mahoney said the City is used to fighting floods, not pandemics. There are things he would have done differently such as consult the Commission, he said, which he has done as time has progressed. It could be explored what other cities do, he said, and he will ask staff to research and report on it. He said there could be a brown bag type discussion about what the Board is comfortable with going forward and what different powers to give or not give.
Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Monday, April 5, 2021.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:25 o’clock p.m.