Fargo City Commission - August 8, 2022

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 4:15 o'clock p.m., Monday, August 8, 2022.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Strand, Mahoney.
Absent: Preston.
Mayor Mahoney presiding.
Mayor Mahoney announced the City Commission will retire into Executive Session in the Red River Room to discuss ongoing negotiations regarding the Roers-Newman Block Property - Tax Increment Financing District No. 2019-02; and to receive attorney advice regarding and in anticipation of reasonably predictable civil litigation with McKinsey & Company regarding opioids; the matters being authorized by North Dakota Century Code § 44-04-19.1 subsections 2 and 9 as public discussion of both matters will have an adverse fiscal effect on the bargaining and/or litigation position of the City if discussions regarding offers to be made or accepted, negotiating strategy to be taken or legal consultation about negotiations or litigation were to occur in an open meeting.
Commissioner Strand moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC Section 44-04-19.1 subsections 2 and 9 to discuss said matters.

Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn, Kolpack and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

At 4:18 o’clock p.m. the Board moved to the Red River Room to discuss said matters in Executive Session.
Members present were: Kolpack, Piepkorn, Strand, Mahoney.
Absent: Preston.

The Executive Session closed at 5:03 o’clock p.m. and the meeting reconvened in public session at 5:05 o’clock p.m.
All Commissioners present except Commissioner Preston. Mayor Mahoney presiding.

Commissioner Piepkorn moved the terms of the settlement presented by counsel regarding the Roers-Newman Block Property – Tax Increment Financing District No. 2019-02 be approved contingent upon final written settlement approval by the City Commission.

Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

Commissioner Strand moved to retain the DiCello Levitt Gutzler Law Firm to initiate opioid litigation against McKinsey & Company on behalf of the City of Fargo and for a contingency fee agreement to be approved.

Second by Kolpack. On call of the roll Commissioners Strand, Kolpack, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

The Mayor read a message with the following information: August is National Immunization Awareness Month; at the Library, Diverse Perspectives Book Club meets August 11th; Beginner Yoga sessions for adults are Thursday evenings through August; Librarians will attend the Native American Community Picnic August 20th at MB Johnson Park; the Summer Reading Challenge continues through August 20th; and graduates of the Fargo Police Academy, who were sworn in earlier in the day, were introduced.

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

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

Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on July 25, 2022 be approved as read.

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

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

1. Bid award to Smartt Interior Construction in the amount of $110,555.02 for multimedia studio space (PBC22-PS20135).
2. 2nd reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Urban Plains by Brandt Fifth Addition to the City of Fargo, Cass County, North Dakota; 1st reading, 7/25/22.
3. Gaming Site Authorization for Aggie Foundation at O’Clevy’s.
4. Applications for Games of Chance:
a. United Way of Cass Clay for a raffle on 8/18/22.
b. Nativity Church of Fargo for bingo and a raffle on 11/6/22.
c. Fargo Moorhead Derby Girls for a raffle on 9/10/22.
d. Scottish Rite Holding Company for a raffle on 8/10/22.
e. Veteran’s Honor Flight of ND/MN for a raffle on 8/28/22.
f. North Dakota Chapter of Backcountry Hunters and Anglers for a raffle on 8/26/22; Public Spirited Resolution.
g. Sts. Anne and Joachim Catholic Church for a raffle on 11/13/22.
h. YWCA of Cass Clay for a raffle on 9/8/22.
5. Extension of the Class “A” Alcoholic Beverage License for Irish Hospitality d/b/a Hennessey’s Irish Pub until 2/27/23.
6. Change Order No. 2 in the amount of $59,104.74 and a 7-day time extension to the substantial completion date for Project No. FM-19-B1.
7. Release of Permanent Easement (Street and Utilities Right-of-Way) and Permanent Easement (Sidewalk and Utilities Easement) with A Storage Place, LLC.
8. Payment to Lumen in the amount of $21,255.04 for relocation of existing underground infrastructure for Project No. FM-19-C1.
9. Bid award to Master Construction Company, Inc. in the amount of $142,009.00 for Project No. HD-22-A1.
10. Memorandum of Offer to Landowner for Permanent Easement (Levee and Retaining Wall for Flood Control), Permanent Easement (Storm Sewer) and Easement (Temporary Construction Easement) with Chad Peterson (Project No. FM-19-C).
11. Reject the bids for PD HQ Media Room remodel project and rebid the project (RFP22106).
12. Independent Auditor’s Report and the City’s Annual Comprehensive Financial Report for the year ending 12/31/21.
13. Sole Source Procurement and Piggyback Contract with AVI Systems, Inc. for electronics upgrades to the classroom at the Public Safety Building (PBC17110).
14. Notice of Grant Award with the ND Department of Health for the City readiness Initiative (CFDA #93.089).
15. Notice of Grant Award with the ND Department of Health for Women, Infant and Children (WIC) (CFDA #10.557).
16. Direct the City Attorney to research and present for consideration appropriate amendments to Fargo Municipal Code Article 10-11 – Smoking in Public Indoor Workplaces Prohibited.
17. Set August 22, 2022 at 5:15 p.m. as the date and time for a hearing on a dangerous building at 437 23rd Street South.
18. Receive and file Public Comments received to date regarding the ongoing activity in the Downtown area relating to sidewalk performers and pushcart vendors.
19. Direct the City Attorney to prepare amendments to Fargo Municipal Code Section 12-0106 Impounded Animals-Procedure for Impounding.
20. Receive and file the Traffic Enforcement efforts for June 2022.
21. Operation Underground Railroad (O.U.R.) Domestic Law Enforcement Support Mutual Agreement for the receipt of contributions.
22. Memorandum of Understanding with the Fargo Police Department and the FARGODOME.
23. Reject the bids for the Street Snow Plowing Assistance and rebid with alternative terms (RFP22118).
24. Sole Source Procurement with EnviroTech Services for IceSlicer at $189.00/ton for the 2022/2023 winter (SSP22123).
25. Dissolve the 2022 contract with Ferguson Waterworks for watermain materials, miscellaneous water distribution materials, fire hydrants/parts and miscellaneous street materials (RFP22021).
26. Agreement for Transit Services and Amendment to the Joint Powers Agreement for Transit Support with North Dakota State University for the
20222023 academic year.
27. Final Balancing Change Order No. 1 in the amount of -$7,305.68 for Project No. SW 21-02.
28. Change Orders for Project No. SW 22-01:
a. No. 1 in the amount of $9,900.00.
b. No. 2 in the amount of $3,509.00.
29. Hazard Mitigation Grant Program Subgrant Agreement for PDM 2018 with the ND Department of Emergency Services for Project No. WW1707 (CFDA #97.0470).
30. Change Order No. 1 in the amount of $25,000.00 for Project No. WA2012.
31. Change Order No. 2 in the amount of $3,041.96 for Project No. WA2005.
32. Proposal from Vessco, Inc. to procure granular activated carbon and filter sand for Project No. WA2255.
33. Bills in the amount of $19,194,327.04.

Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

Change Order Nos. 1-3 and Time Extension for Improvement District No. BN-21-E1 Approved:
Commissioner Kolpack moved Change Order Nos. 1-3 for an increase of $36,486.00 and a time extension of the substantial and final completion dates to 7/8/22 and 8/7/22 for Improvement District No. BN-21-E1 be approved.

Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

Change Order No. 5 for Improvement District No. BN-21-H1 Approved:
Commissioner Kolpack moved Change Order No. 5 for an increase of $4,198.20 for Improvement District No. BN-21-H1 be approved.

Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

Change Order No. 1 for Improvement District No. BR-22-B1 Approved:
Commissioner Kolpack moved Change Order No. 1 for a time extension of Phases 1 and 2 to 8/8/22 and 8/9/22 and the substantial and final completion dates to 9/23/22 and 10/23/22 for Improvement District No. BR-22-B1 be approved.

Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

Change Order No. 3 for Improvement District No. FP-19-A2 Approved:
Commissioner Kolpack moved Change Order No. 3 for an increase of $44,402.02 for Improvement District No. FP-19-A2 be approved.

Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

Change Order No. 1 and Time Extension for Improvement District No. NR-20-A2 Approved:
Commissioner Kolpack moved Change Order No. 1 for an increase of $22,500.00 and a time extension of substantial and final dates to 8/15/22 and 9/2/22 for Improvement District No. NR-20-A2 be approved.

Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

No Protests Received for New Paving and Utility Construction Improvement District No. BN-22-G1:
The Statutory Resolution of Necessity for the construction of New Paving and Utility Construction Improvement District No. BN-22-G1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on June 20 and 27, 2022 and no protests have been received and filed in the office of the City Auditor within the legal protest period.
Commissioner Kolpack moved that the Board declare that no protests have been filed to the construction of New Paving and Utility Construction Improvement District No. BN-22-G1.

Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

Bids Received for New Paving and Utility Construction Improvement District No. BN-22-G1:
The bids for New Paving and Utility Construction Improvement District No. BN-22-G1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., August 3, 2022 and the bids were found to be as follows:

Dirt Dynamics Fargo, ND
Bid: $2,430,709.04

Key Contracting, Inc. West Fargo, ND
Bid: $2,739,358.60

Northern Improvement Company Fargo, ND
Bid: $2,789,973.92

Dakota Underground Company Fargo ND
Bid: $2,797,613.39

Sellin Brothers, Inc. Hawley, MN
Bid: $3,858,874.00

Contract for New Paving and Utility Construction Improvement District No. BN-22-G1 Awarded to Dirt Dynamics in the Amount of $2,430,709.04:
Commissioner Kolpack offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of New Paving and Utility Construction Improvement District No. BN-22-G1 and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received August 3, 2022 for New Paving and Utility Construction Improvement District No. BN-22-G1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for New Paving and Utility Construction Improvement District No. BN-22-G1 shows the bid of Dirt Dynamics of Fargo, North Dakota, in the sum of $2,430,709.04 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 Dirt Dynamics in the sum of $2,430,709.04 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for New Paving and Utility Construction Improvement District No. BN-22-G1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dirt Dynamics for the sum of $2,430,709.04, 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 Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

Contract for Grading, Salvaged Base, P.P.C. Pavement, Storm Sewer, Watermain, Traffic Signal, Lighting, Shared Use Path Improvement District No. BR-22-A2 Approved:
Commissioner Kolpack moved the Contract between the City of Fargo and Dakota Underground Company for Grading, Salvaged Base, P.P.C. Pavement, Storm Sewer, Watermain, Traffic Signal, Lighting, Shared Use Path Improvement District No. BR-22-A2 in the City of Fargo, North Dakota, be approved.

Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

Contract Bond for Grading, Salvaged Base, P.P.C. Pavement, Storm Sewer, Watermain, Traffic Signal, Lighting, Shared Use Path Improvement District No. BR-22-A2 Approved:
Commissioner Kolpack moved the following described Contract Bond be approved as to sufficiency:
United Fire and Casualty Company, in the amount of $19,964,185.80 for Grading, Salvaged Base, P.P.C. Pavement, Storm Sewer, Watermain, Traffic Signal, Lighting, Shared Use Path Improvement District No. BR-22-A2 in the City of Fargo, North Dakota.

Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

Resident Comments:
Torail Boxley, Charles Taylor, James Burcham and Chelsea Steffes spoke about food carts.

Amendment to the Growth Plan in Valley View Addition Approved:
A Hearing had been set for this day and hour to consider approval of an amendment to the Growth Plan consisting of Lot 1, Block 7 Valley View Addition from low/medium or medium/light density residential land use to commercial or medium/high density residential land use.
The Fargo Planning Commission recommended approval of the amendment to the Growth Plan at their July 5, 2022 meeting.
No written protest or objection to the amendment to the Plan has been received or filed in the Planning and Development Department.
The Board determined that no person is present to protest or offer objection to the Growth Plan amendment.
Commissioner Kolpack moved the amendment to the Growth Plan be approved.

Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

Parcels of Land in Valley View Addition Rezoned (3900 54th Street South):
At a Hearing held on July 5, 2022 the Fargo Planning Commission recommended approval of a change in zoning from MR-3, Multi-Dwelling Residential to LC, Limited Commercial with a C-O, Conditional Overlay.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said the lot was platted in 2013 but never developed. The applicant plans to change the use to commercial or medium-high density residential which would allow zoning of limited commercial to be applied to this property; however, the residential component would enable a future mixed-use development. The limited commercial also has a C-O that provides site design standards and limits some uses, which is typical for arterial streets.
Commissioner Kolpack 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 and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Kolpack, Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The Resolution was adopted.

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

Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

Parcels of Land in Urban Plains by Brandt Sixth Addition Rezoned (5100 28th Avenue South):
At a Hearing held on June 7, 2022 the Fargo Planning Commission recommended approval of a change in zoning from MR-3, Multi-Dwelling Residential with a C-O, Conditional Overlay to LC, Limited Commercial with a C-O, Conditional Overlay.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said the applicant proposes to subdivide the property into two lots and rezone both properties to LC, Limited Commercial in order to develop two community-serving uses, one on each property.
Commissioner Kolpack 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 and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by Strand. On the vote being taken on the question of the adoption of the Resolution Commissioners Kolpack, Strand, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The Resolution was adopted.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Urban Plains by Brandt Sixth Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Kolpack 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 Urban Plains by Brandt Sixth Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.
Second by Strand. On call of the roll Commissioners Kolpack, Strand, Piepkorn and Mahoney voted aye.

Absent and not voting: Commissioner Preston.
The motion was declared carried.

Resolution Adopted Approving Urban Plains by Brandt Sixth Addition:
Commissioner Kolpack 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 “Urban Plains by Brandt Sixth Addition” containing 2 Lots, 1 Block and 7.00 acres of land more or less, located at 5100 28th Avenue South; and
WHEREAS, A Hearing was held June 7, 2022 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 July 27 and August 3, 2022 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., August 8, 2022 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 “Urban Plains by Brandt Sixth 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.

Special Assessments for Maintenance of the Skyway System Approved:
A Hearing had been set for this day and hour on the special assessments for maintenance of the Skyway System in the City of Fargo, North Dakota.
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 Commission annually approves the assessment to the properties connected to the Skyway System and notices were mailed to property owners. He said the total assessment each year is about $100,000.00, which covers heating, cooling, maintenance and cleaning. There is also a reserve account for major maintenance issues that may come up, he said, such as roof replacement or a new HVAC unit.
Commissioner Piepkorn moved the special assessments for maintenance of the Skyway System be and the same is hereby approved and confirmed and ordered filed in the office of the City Auditor and the City Auditor's Office be instructed to proceed to collect the assessments in the manner provided by law.

Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

Special Assessments for Abatement of Nuisances on Certain Properties in the City of Fargo Approved:
A Hearing had been set for this day and hour on special assessments for abatement of nuisances on the list of properties on file in the City Auditor’s Office.
City Auditor Steve Sprague said the City prepares a list annually of code enforcement and nuisance abatements, commonly Dutch Elm tree removal, mowing and snow removal. He said there is no interest charged on one-year assessments and those at five-years are charged 5 percent interest. He said after the notices are mailed out, especially those for snow removal, many are paid right away. The majority of snow removal and mowing assessments are complaint driven, he said, and the Public Works Department has a process with mowing and snow removal where the contractor takes before and after photos of the work done. He said there was one encroachment assessment last year for $76,000.00 on Roberts Street where the City worked with a property owner to correct a safety concern. Other assessments for 2021 included $169,471.00 for building code enforcement issues, about $36,000.00 for Dutch Elm tree removal, $7,800.00 for mowing and more than $25,000.00 for snow removal.
Commissioner Kolpack moved the special assessments for abatement of nuisances be approved as submitted.

Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

Fargo-Moorhead Area Flood Diversion Project Update:
FM Diversion Authority Executive Director Joel Paulsen said the Diversion Channel groundbreaking will take place August 9th and the $1.5 billion contract provides for 30 years of operation and maintenance. He said it has taken 10 years to get to this point and Senators from North Dakota and Minnesota, ND Governor Doug Burgum, and representatives from the US Army Corps of Engineers and others from Washington, DC will be at the groundbreaking to acknowledge all of the hard work done to this point. He said the channel project will be completed in 5 to 6 years and in the spring of 2027 there will be permanent flood protection for the F-M community. He said he wanted to let the City Commission know about changes with the Diversion Authority as it moves into a transitionary period, focusing on implementation rather than project development. There will be some structural changes in committees and board makeup, he said, as there are currently four subcommittees of the Diversion Authority, including Public Outreach, Finance, Land Management and Agricultural and there will be a proposal to dissolve the Agricultural and Public Outreach Committees. He said the Agricultural Committee has not met for many years and there has been a lot of work done with prevent plant and crop insurance policies. He said this is an item of efficiency and he is also proposing to dissolve the Public Outreach Committee now that the Diversion Authority is having more interaction with local property owners. He said the Public Outreach duties will be moved to the proposed Planning Committee and the Diversion Authority will also appoint members to that committee. He said these are structural changes to make the Diversion Authority more efficient.

In response to a question from Commissioner Strand asking when the F-M area will have full flood protection, Mr. Paulsen said the project will not be 100 percent complete by 2027; however, it will be complete enough to provide flood protection for the F-M area. He said it would be a few years later, once the Letter of Map Revision (LOMR) and floodplain maps are completed, that individual flood insurance for homes in the F-M area will no longer be required.

Commissioner Kolpack said she is learning a lot about the Project and the vision, innovation and impact to the community. She said the vision of leaders continues to be an example across the country and she commends everyone for their work and thanks all of the people before her who made this happen.

COVID-19 Update:
Dr. Tracie Newman, Health Officer for Fargo Cass Public Health (FCPH), said the Centers for Disease Control and Prevention (CDC) lists the Cass County area at a “medium” risk level for COVID-19. New worldwide cases are down, she said; however, those numbers are underestimated due to home testing, and it is difficult to know the true numbers of infections, which makes the role of Public Health challenging in trying to see trends or other variants; however, people should stay up-to-date with vaccines and be tested if they have symptoms. She said the “medium” level means those at high risk for severe illness should talk to their healthcare provider about whether there is a need to wear a mask and take other precautions. Vaccine rates in Cass County are at 63 percent for those 6 months and older, she stated, and 83 percent for those 65 and older. The newest population now eligible for vaccines, under 5 years of age, is 6.6 percent in Cass County, she said, and for children age 5 to 11, there is a 36 percent vaccine rate. She said the BA.5 variant is the most prominent now and was first discovered in early 2022 in South Africa. It caught scientists’ attention due to the fact that it has several spike protein mutations, she said, which is what current vaccines target. While this variant does seem more contagious, to date in the US it does not seem to be leading to increasing hospitalizations, she said. She said the World Health Organization (WHO) has declared monkeypox a global health emergency, which is not done lightly, she said. It means this is an outbreak that is a significant threat to global health, she stated, and a coordinated international response is needed. Europe is the epicenter of the outbreak, she said; however, last week the US had the most cases in the world. FCPH has received an initial allotment of 20 monkeypox vaccines, which have been dispensed, and more doses are expected.

FCPH Director Desi Fleming said the pandemic response by FCPH has changed significantly. She said the VaxUP ND campaign continues and FCPH still offers COVID-19 and other vaccines. The State has gone to weekly updates on COVID-19 numbers, she said, and her staff is keeping busy with tracking funding resources. She said soon FCPH will be providing community and school guidance about COVID-19 with the school year starting and the State is taking the lead with messaging about monkeypox.

2023 Preliminary Budget Approved: Public Hearing set for Tuesday, September 6, 2022 at 5:15 p.m.:
Mayor Mahoney said the 2023 preliminary budget was presented to the Commissioners at an Informational Meeting in July. He said North Dakota Century Code requires municipalities to prepare a budget every year, and Fargo’s Home Rule Charter directs the Mayor to prepare and present the preliminary budget to the City Commission. His priorities for 2023, he said, are employee retention, ensuring street-level excellence, bolstering operational resiliencies, smart growth, FARGODOME expansion and a Performing Arts Center. The 2023 preliminary budget is at about $341 million and the preliminary tax levy is at 55 mils, he said. The preliminary budget is $10 million less than the 2022 budget, he said, and it has replaced various special revenue funds with more enterprise funds.

Commissioner Kolpack said she encourages the public to participate in the Public Hearing and ask questions of the Mayor and Commissioners. She said one issue that remains is final approval of benefits, including final contracting on health insurance, and the question will be what is the best benefit for City employees.

In response to a question from Commissioner Strand asking if steps have been taken to allow flexibility to increase pay for City workers, Mayor Mahoney said he tries to do a 3.5 percent cost-of-living adjustment (COLA) every year, which makes the budget jump $4 million to $5 million. He said he hopes that increase comes with growth in the City; however, if it does not, the mill levy has to be increased or the reserve fund used. His concern, he said, is if inflation continues at 9 percent, it will be difficult to keep up. The national report is the inflationary wage is about 4.5 percent, he said, and with inflation at 9 percent, it is going to be difficult for wage earners. He said a market adjustment was dispersed to some City employees as well as a 3.5 percent COLA to ensure competitive wages. He said with these changes and the step increments, some employees might receive raises as high as 8.5 percent. He said with the step program and COLA, workers are receiving reasonable compensation. The information Commissioners received about the budget was abbreviated, he said, due to the fact that there is a new budget team and Finance director. He said each Department’s explanation of what they are seeking in the budget would be included in the budget packet prior to the Public Hearing.

Commissioner Strand said the City has growing challenges, for example, the FM Diversion Project, which is creating a lot of competition for jobs, and he wants to be sure the City is prepared to be nimble if it is hemorrhaging workers. It is not just Fargo, he said, everyone is facing that challenge. He said taxes would go up if citizens expect support and service levels they are used to receiving. There are growing challenges and needs and it is not free, he said.
Commissioner Kolpack moved the Mayor’s 2023 Preliminary Budget be approved and the Public Hearing be set for Tuesday, September 6, 2022 at 5:15 p.m.

Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

Mayor Mahoney announced the City has received a $1.5 million Federal grant to study the 12th Avenue North Bridge. He said the bridge was built by a private company many years ago and operated as a toll bridge. It was later taken over by Moorhead and Fargo and is an important bridge for those who live on the north side, he said; however, when it floods, it is not useable. He said the grant is the first step in trying to find a solution to keep the bridge open during major flood events.

Commissioner Kolpack thanked the Communications team for all of its work on the Police Academy graduation ceremony held earlier in the day, which she said was meaningful and thoughtful.

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, August 22, 2022.

Second by Kolpack. All the Commissioners present voted aye and the motion was declared carried.
The time at adjournment was 6:02 o’clock p.m.