Board of City Commissioners - December 12, 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 5:00 o'clock p.m., Monday, December 12, 2022.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Preston (via conference call), Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

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 award a proposal for the demolition of a building at 924 5th Street South.

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

Minutes Approved:
Commissioner Kolpack moved that the Minutes of the Regular Meeting of the Board held on November 28, 2022 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. Agreement with Walker Consultants to provide parking consulting services for the NP Avenue Parking Facility.
2. Denial of the Application for Abatement or Refund of Taxes #4536 for 51 Broadway North requesting a reduction in value for 2022 from $14,665,100.00 down to $7,332,550.00.
3. Denial of the Application for Abatement or Refund of Taxes #4537 for 42 5th Street North requesting a reduction in value for 2022 from $217,000.00 down to $108,000.00.
4. Denial of the Application for Abatement or Refund of Taxes #4538 for 300 Northern Pacific Avenue North, Unit C1 requesting a reduction in value for 2022 from $4,125,700.00 down to $2,062,850.00.
5. 1st reading of an Ordinance Amending Sections 25-1501, 25-1503, 25-1511 and 25-1512 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Definitions, License-Qualifications, Licensed-Premises Requirements for and Licenses-Termination, Suspension, Revocation and Sanctions.
6. Applications for Games of Chance:
a. Knights of Columbus #11930 for a calendar raffle on 5/20/23.
b. Outdoor Adventure Foundation for a raffle and raffle board on 3/18/23.
c. North Central Bean Dealers Association for a raffle on 1/20/23.
7. Receive and file General Fund – Budget to Actual through November 2022 (unaudited).
8. Encroachment Agreement with Marcella M. Stack, Life Estate and Mark Stack for property located at 101 23rd Street South.
9.Negative Final Balancing Change Order No. 13 in the amount of -$217,824.30 for Project No. FM-16-A1.
10. Negative Final Balancing Change Order No. 7 in the amount of -$60,588.45 for Project No. FM-19-A3.
11.Change Order No. 3 in the amount of $4,787.01 for Project No. FM-19-C1.
12.Final Balancing Change Order No. 5 in the amount of $159,363.33 for Project No. FM-19-F1.
13. Negative Final Balancing Change Order No. 2 in the amount of -$10,378.00 for Project No. HD-22-A1.
14. Negative Final Balancing Change Order No. 2 in the amount of -$227.20 for Project No. SL-21-C1.
15. Final Balancing Change Order No. 2 in the amount of $23,622.00 for Project No. SR-22-A1.
16. Negative Final Balancing Change Order No. 3 in the amount of -$68,076.25 for Project No. SR-22-B1.
17. Final Balancing Change Order No. 3 in the amount of $30,783.00 for Project No. TM-22-A1.
18. Change Order No. 3 in the amount of $28,681.00 for Project No. TN-22-B1.
19. Notice of Grant Award from the ND Department of Health and Human Services for PHEP–EPR Statewide Response Team (CFDA #93.069).
20. Notice of Grant Award from the ND Department of Health and Human Services for PHEP – EPR All Hazards Allocation (CFDA #93.069).
21. Notice of Grant Award from the ND Department of Health and Human Services for PHEP – City Readiness Initiative (CFDA #93.069).
22. One-year contract extension with Vector Solutions (SSP17412).
23. Bid award to Master Construction in the amount of $15,700.00 for the demolition of 714 12th Street North (RFP22111).
24. Direct the City Attorney to amend the Findings of Fact, Conclusions and Order for property located at 509 21st Street North.
25. Acceptance of a grant from the Awesome Foundation.
26. Development Agreement with Beyond Shelter, Inc.
27. 2023 parking rate increases, as proposed by Interstate Parking.
28. Grant Award and Acceptance from the Office of Attorney General for the Project Safe Neighborhoods Grant Program (CFDA #16.609).
29. Application for Appropriation from Civil Asset Forfeiture Funds in the amount of $137,695.00 to purchase the Doron Precision System, 550LEplus driving simulation system.
30. Bid award to Titan Machinery in the amount of $267,525.00 for one articulated wheel loader with a 5-year annual lease (RFP23016).
31. Bid award to RDO Equipment in the amount of $579,000.00 for the purchase of one crawler dozer with a 5-year annual lease (RFP23018).
32. Bid award to RDO Equipment in the amount of $784,000.00 for the purchase of one crawler dozer with a 5-year annual lease (RFP23019).
33. Piggyback Contract with Sourcewell for the purchase of one 2023 fire pump truck (PBC022818 (23)).
34. Sole Source Procurement for vendor specific parts and service with the following:
a. New Flyer in the amount of $230,000.00 (SSP23021).
b. Cummins NP in the amount of $175,000.00 (SSP23022).
c. Nardini Fire Protection in the amount of $50,000.00 (SSP23023).
35. Proposed route changes for the Transit Department effective January 9, 2023.
36. Resolutions prescribing rates and charges for Water, Water Reclamation and Solid Waste Utility services for the 2023 calendar year (Attachment “A”).
37. Contract and bond for Project Nos. FM-21-A2 and WA2152.
38. Bills in the amount of $22,510,784.51.

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

Change Order No. 7 for Improvement District No. BN-21-H1 Approved:
Commissioner Strand moved Change Order No. 7 for an increase of $55,280.00 for Improvement District No. BN-21-H1 be approved.

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

Change Order No. 3 for Improvement District No. BN-21-L1 Approved:
Commissioner Strand moved Change Order No. 3 for an increase of $8,746.45 for Improvement District No. BN-21-L1 be approved.

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

Change Order No. 4 for Improvement District No. BN-22-A1 Approved:
Commissioner Strand moved Change Order No. 4 for an increase of $31,694.20 for Improvement District No. BN-22-A1 be approved.

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

Final Balancing Change Order No. 2 for Improvement District No. BN-22-B1 Approved:
Commissioner Strand moved Final Balancing Change Order No. 2 for an increase of $23,378.52 for Improvement District No. BN-22-B1 be approved.

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

Final Balancing Change Order No. 1 for Improvement District No. BN-22-J1 Approved:
Commissioner Strand moved Final Balancing Change Order No. 1 for an increase of $16,385.55 for Improvement District No. BN-22-J1 be approved.

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

Negative Final Balancing Change Order No. 4 for Improvement District No. BN-22-K1 Approved:
Commissioner Strand moved Negative Final Balancing Change Order No. 4 in the amount of -$10,652.76 for Improvement District No. BN-22-K1 be approved.

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

Change Order No. 1 for a Time Extension for Improvement District No. BN-22-L1 Approved:
Commissioner Strand moved Change Order No. 1 for a time extension to the substantial completion date of 36 days from the start date, but no later than June 30, 2023 and final completion date of 30 days after the substantial completion date for Improvement District No. BN-22-L1 be approved.

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

Change Order No. 5 and Time Extension for Improvement District No. BR-21-C1 Approved:
Commissioner Strand moved Change Order No. 5 for an increase of $5,627.60 and a time extension to the substantial and final completion dates to 10/23/22 and 11/22/22 for Improvement District No. BR-21-C1 be approved.

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

Negative Final Balancing Change Order No. 3 for Improvement District No. BR-22-F1 Approved:
Commissioner Strand moved Negative Final Balancing Change Order No. 3 in the amount of -$11,049.11 for Improvement District No. BR-22-F1 be approved.

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

Negative Final Balancing Change Order No. 4 for Improvement District No. FP-19-A2 Approved:
Commissioner Strand moved Negative Final Balancing Change Order No. 4 in the amount of -$30,537.34 for Improvement District No. FP-19-A2 be approved.

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

Final Balancing Change Order No. 3 for Improvement District No. FP-19-A3 Approved:
Commissioner Strand moved Final Balancing Change Order No. 3 in the amount of $0.00 for Improvement District No. FP-19-A3 be approved.

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

Negative Final Balancing Change Order No. 2 for Improvement District No. PR-22-C1 Approved:
Commissioner Strand moved Negative Final Balancing Change Order No. 2 in the amount of -$626,665.03 for Improvement District No. PR-22-C1 be approved.

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

Negative Final Balancing Change Order No. 3 for Improvement District No. PR-22-G1 Approved:
Commissioner Strand moved Negative Final Balancing Change Order No. 3 in the amount of -$5,883.40 for Improvement District No. PR-22-G1 be approved.

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

Negative Final Balancing Change Order No. 2 for Improvement District No. UN-22-M1 Approved:
Commissioner Strand moved Negative Final Balancing Change Order No. 2 in the amount of -$16,260.98 for Improvement District No. UN-22-M1 be approved.

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

Memorandum of Offer to Landowner for Easement (Temporary Construction Easement) and Permanent Easement (Street and Utility) with 502 7th Street North, LLC Approved (Improvement District No. BR-23-C1):
Commissioner Strand moved the Memorandum of Offer to Landowner for Easement (Temporary Construction Easement) and Permanent Easement (Street and Utility) with 502 7th Street North, LLC in association with Improvement District
No. BR-23-C1 be approved.

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

Temporary Access Easement with Heritage Condominium, Inc. Approved (Improvement District No. BR-23-C1):
Commissioner Strand moved the Temporary Access Easement with Heritage Condominium, Inc. in association with Improvement District No. BR-23-C1 be approved.

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

Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-E (Various Locations in South Fargo):
Commissioner Strand moved the following action be taken in connection with Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-E:

Adopt Resolution Creating Improvement District No. BR-23-E:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BR-23-E in the City of Fargo, North Dakota, be created
On 8th Street South from 9th Avenue to 13th Ave South.
On 10th Avenue South from 9th Street South to 7th Street South.
On 12th Avenue South from 9th Street South to 7th Street South.
COMPRISING:
Lots 1 through 24, Inclusive, Block T.
Lots 1 through 24, Inclusive, Block U.
All in Chas A. Roberts Addition.
Lots 1 through 24, inclusive, Block AA.
Lots 1 through 24, inclusive, Block HH.
Lots 1 through 24, inclusive, Block II.
Lots 1 through 24, inclusive, Block OO.
Lots 1 through 24, inclusive, Block PP.
Lots 1 through 24, inclusive, Block Z.
All in Erskine’s Addition.

All of the foregoing located in the City of Fargo, Cass County, North Dakota.

NOW, THEREFORE, BE IT RESOLVED, That Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-E in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost from the City Engineer for Improvement District No. BR-23-E:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BR-23-E in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $4,496,080.08.)

Order Plans and Specifications for Improvement District No. BR-23-E:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BR-23-E in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BR-23-E:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BR-23-E in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. BR-23-E in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Direct City Auditor's Office to Call for Bids for Improvement District No. BR-23-E:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BR-23-E in the City of Fargo, North Dakota.

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

City of Fargo Concurs with the NDDOT Bid Award for Improvement District No. BN-23-A1 (Fargo 52nd Avenue South from Sheyenne Street/County Road 17 to West of 63rd Street South):
The Board received a communication from Assistant City Engineer Tom Knakmuhs stating bids were opened by the North Dakota Department of Transportation (NDDOT) on Friday, November 18, 2022 for the 52nd Avenue South project from Sheyenne Street/County Road 17 to west of 63rd Street South. He said there were three bids and the low bid was Industrial Builders, Inc. in the amount of $18,855,178.84. The Engineer’s estimate was $16,148,736.95, he said, and Fargo’s share is $7,248,992.71. He said there are special assessments associated with the project and no protests have been received; therefore, protests should be declared insufficient.
Commissioner Strand moved the City of Fargo concur with the NDDOT Bid Award for Improvement District No. BN-23-A1 to Industrial Builders, Inc. in the amount of $18,855,178.84.

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

Bids Received for Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-C1:
The bids for Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-C1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., December 7, 2022 and the bids were found to be as follows:

Dakota Underground Company, Inc. Fargo, ND
Bid: $3,492,318.62

Master Construction Company, Inc. Fargo, ND
Bid: $3,500,622.80

Key Contracting Inc. West Fargo, ND
Bid: $4,035,224.05

Meyer Contracting, Inc. Maple Grove, MN
Bid: $4,262,533.81

Contract for Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-C1 Awarded to Dakota Underground Company, Inc. in the Amount of $3,492,318.62:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-C1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received for Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-C1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-C1 shows the bid of Dakota Underground Company, Inc. of Fargo, North Dakota, in the sum of $3,492,318.62 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 Dakota Underground Company, Inc. in the sum of $3,492,318.62 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-C1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dakota Underground Company, Inc. for the sum of $3,492,318.62, 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 Kolpack. On the vote being taken on the question of the adoption of the Resolution Commissioners Strand, Kolpack, Piepkorn, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Resident Comments:
Emily Walter, Christopher Coen and Wess Philome spoke.

Text Amendment to Amend Sections 20-0401, 20-0402, 20-0403 and 20-1202 of the Fargo Municipal Code (Land Development Code) Relating to Definitions, Regulations, Use Standards, Nonconformities and References Regarding Adult Entertainment Centers and Adult Establishments Approved:
A Hearing had been held by the Fargo Planning Commission on December 6, 2022 for the purpose of considering a request for a Text Amendment to Sections 20-0401, 20-0402, 20-0403 and 20-1202 of the Fargo Municipal Code (Land Development Code) all relating to Definitions, Regulations, Use Standards, Nonconformities and References Regarding Adult Entertainment Centers and Adult Establishments and the Fargo Planning Commission at such Hearing recommended to the Board of City Commissioners that the request be approved.
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.
There have been no written or verbal protests to the request and no one is present to protest thereto.
Assistant Planning Director Mark Williams said the Land Development Code (LDC) regulations regarding adult uses have not been updated or revised since 1998. After review by staff and outside consultants specializing in adult use regulation, he stated, it was indicated that the area of adult use regulation has evolved considerably since the 1990s and an update to the LDC’s adult use regulations is timely and appropriate.
Attorney Scott D. Bergthold gave a presentation on regulating negative secondary effects of adult establishments, citing previous cases recognizing negative impacts on surrounding properties, personal and property crimes, public safety risks and confrontations, lewdness, public indecency, illicit sexual activity and potential spread of disease, illicit drug use as well as trafficking, litter, aesthetic impacts, traffic, noise and blight. He said courts have also recognized a variety of sources of secondary effects evidence including land use reports, crime impact reports, judicial opinions, expert reports and anecdotal data. He said the City’s LDC Text Amendments for adult use provisions were adopted in 1998 and amendments are warranted to address various legal and industry developments and to modernize definitions and regulations. The Text Amendments, he said, would maintain the General Commercial, Light Industrial and General Industrial zoning for adult uses with a 1,250-foot buffer from sensitive uses, specify the measurement method, update and add terminology, add support definitions and specify secondary effects rationale and findings or adult use zoning regulations. He requested the “Voluminous Secondary Effects Materials” are made a part of the official minutes for this public meeting.

Commissioner Strand moved the discussion on the Text Amendment be delayed until after the lawsuit with Romantix is resolved.

Mayor Mahoney said Commissioner Strand’s motion is out of order and the Text Amendment is not related to the lawsuit.

City Attorney Nancy Morris said according to Roberts Rules of Order, Commissioner Strand’s motion is out of order.

Commissioner Strand said he reserves the right to appeal the City Attorney’s decision on the motion he presented.

Attorney Howard Swanson said the Text Amendment is separate and distinct from litigation. He said the need to update the Text Amendment would be in existence whether the litigation is successful or not. The matter does not have retroactive application, he said, and he can understand why there is confusion or some relationship analysis between the two.

Commissioner Strand moved this issue be tabled until the City’s Federal lawsuit with Romantix is resolved.
The motion died for lack of a second.

In response to a question from Commissioner Strand asking why the changes are necessary now, Mr. Bergthold said it was due to the historical development of case law over the last 24 years, to update definitions and to put Fargo in a position to have sufficient sites for adult uses and protect designated areas of the City for other kinds of development.

In response to a question from Commissioner Strand asking why not wait for the Federal court issue to be settled, Mr. Swanson said Romantix has asserted only First Amendment issues under Federal law. Under State law, he stated, Romantix is asserting the question of Fargo’s zoning code; however, if the First Amendment issues are before the Federal court, the Federal court should not be exercising State court jurisdiction. He said the litigation did prompt the attorneys to look at Fargo’s code, which identified old definitions.
Commissioner Strand said if the lawsuit were not happening, this discussion would not be happening. He said some would say this is not a First Amendment issue, yet the First Amendment includes the right to petition the government for a redress of grievances. He said the City Commission should wait for the court to give its interpretation, then act on that information rather than proactively modify the laws so that no matter what, the City will win. He said he is going to stand tall for the individual's rights to not be trampled by the masses or by majority rule.

Commissioner Preston said whether this was triggered by something else or not, the language needed to be cleaned up. She said she hopes the City does not wait for another 24 years to update the LDC.
Commissioner Kolpack moved the request be approved on the basis the proposed Text Amendment complies with Section 20-0904.E (1-3) of the Land Development Code.

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

First Reading of an Ordinance Amending Sections 20-0401, 20-0402, 20-0403 and 20-1202 of the Fargo Municipal Code (Land Development Code) Relating to Adult Entertainment Centers and Adult Establishments:
Commissioner Kolpack moved the Ordinance Amending Sections 20-0401, 20-0402, 20-0403 and 20-1202 of the Fargo Municipal Code (Land Development Code) Relating to Adult Entertainment Centers and Adult Establishments be placed on first reading.

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

Proclamation in Remembrance of the Ukrainian Famine-Genocide:
Anastassiya Andrianova spoke about Holodomor, the Ukrainian Famine-Genocide of 1932-1933.

City of Fargo 2023 Legislative Priorities:
Terry Effertz, Special Assistant City Attorney for the City at the North Dakota Legislature, said she has seen the current list of the City’s Legislative priorities and is open to discussions about additional priorities. She said she is working with Interim City Administrator Michael Redlinger on a communication plan and is interested in hearing any other thoughts Commissioners might have about priorities going forward.

Mr. Redlinger said the draft of the City’s Legislative priorities includes a matter involving septic systems, continuation of mental health system reforms, public safety matters, the Red River Valley Water Supply Project, an on-sale liquor license for the FARGODOME, topics that relate to home improvement and redevelopment incentives and a home occupation zoning restrictions matter. He said topics from the Greater Fargo-Moorhead Economic Development Corporation include internship and workforce development credits, dual credit opportunities in higher education and the Career Workforce Academy. There are also some Renaissance Zone Program topics including eligibility and the number of satellite districts, childcare initiatives and workforce development, he said. Public safety topics include vehicle fleeing, drag racing, speeding, traffic enforcement and loud exhaust kits, he said. There are also general position statements regarding Home Rule Authority, he said, and making sure the City opposes unfunded mandates and matters that might restrict the City’s ability to manage what is best for the City, its residents and neighborhoods. He said bill tracking will start once a list is completed and the tracking would be sent out weekly so the Commissioners stay informed. The agency bills deadline is December 8th, the budget bills deadline is December 15th and bills from individual legislators will start coming in the first week of the Legislature, he said.

Commissioner Kolpack said after hearing the Governor's budget address, there may be some funding opportunities for the Performing Arts Center; therefore, she would like to have that added to the priorities list.

2023 Capital Improvement Plan (CIP), 2024 Street/Utility Replacement Projects and Updated Infrastructure Funding Policy Approved:
City Engineer Brenda Derrig said a meeting was held recently with the City Commissioners to provide information on the size and condition of the City’s infrastructure, the project selection process, funding the CIP, a proposed 2024 CIP, a Prairie Dog funds update and a proposed Infrastructure Funding Policy that would support the 2023 CIP and proposed Core Neighborhood projects for 2024. She said the 2023 Utility Replacement Street Reconstruction Projects were approved last year at this time so notifications could get out early in the year and that is why Engineering is also looking to approve the 2024 projects. She said locally funded projects include Utility Replacement and Street Reconstruction, Pavement Preservation, Storm Sewer Utility, Traffic and Streetlights, Safety Improvements, Sidewalks and Miscellaneous for a total of $27.3 million. The Federally funded and new development projects consist of 52nd Avenue, which has been bid, the Second Street Pedestrian Bridge, Bison Village Shared Use Path, flood control projects, new development projects and alley paving for a total of $54.5 million. She said the recommended Prairie Dog funded projects for 2023 are the reconstruction of NP between 10th Street and Broadway, 8th Street from Main Avenue to NP, Broadway and First Avenue South adjacent to the Bell Bank redevelopment, 25th Street from Main to First Avenue, a mill and overlay on 19th Avenue North and a Core Neighborhood Project for a total of $18.2 million. The 2023 projects will not be using all of the City’s allocation of Prairie Dog funds expected at the beginning of 2023, she said, and there are additional funds that will be incorporated into the 2024 CIP. She said a portion will be put into the 32nd Avenue project and some pavement preservation projects and $3 million that could be used for a Core Neighborhood project or a project that would support redevelopment. Some recommended revisions for the Infrastructure Funding Policy, she said, would be a statement provision that allows Prairie Dog funds to further reduce the capped cost, which is the cost per linear foot assessed against properties. She said with the City not receiving Prairie Dog funds the first biennium and now looking to receive the funds, the inconsistencies of when the City would make a reduction and when it would not, and also not knowing if the City is going to receive the funds in the future, the recommendation is to remove that provision from the Infrastructure Funding Policy. She said there are some minor text clean-up items and to clearly define that any additional streetscaping items within Downtown projects would be special assessed. She said it also creates a tiered system for the special assessments of stand-alone traffic signal projects. She said the recommended locations for the 2024 CIP projects for the Utility Replacement Street Reconstruction is to have one each in the Hawthorne, Longfellow and Roosevelt neighborhoods. She said Engineering will start working on those in the spring and get the notifications out to those neighborhoods.
Commissioner Kolpack said there is a lot of work that went into this, it was very thoughtful and she hopes in the future the process is continued.

Commissioner Preston said she appreciates the Engineering Department looking forward and trying to project into the future.

Commissioner Piepkorn said the CIP is complicated; however, Ms. Derrig and her team made it easy to understand.
Commissioner Piepkorn moved that the 2023 Capital Improvement Plan (CIP), 2024 Street/Utility Replacement Projects and Updated Infrastructure Funding Policy be approved.

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

Resolution Relating to $57,060,000.00 Refunding Improvement Bonds, Series 2023A; Calling for the Sale Thereof Adopted:
Finance Director Terri Gayhart said the City will be issuing bonds on January 23, 2023 for repayment of the City’s Capital Project Fund for various infrastructure projects completed in 2022. She said the bonds will be repaid with special assessments levied in the fall.

City Auditor Steve Sprague said money has been spent to pay for projects through 2022 and that bucket of funds is now empty. He said these bonds are needed to refill the bucket and complete projects going forward. He said of the $57 million, two projects alone totaled $35 million and rest of the 20 or so projects equal about $20 million.

In response to a question from Commissioner Strand asking what happens if a developer loses its financial ability, Mr. Sprague said the bonds are backed by special assessments, which go with property taxes. He said it is very secure debt and if property taxes continue to be paid, the debt is retired in accordance with the schedule. He said a developer also provides a letter of credit to the City.

In response to a question from Commissioner Preston asking if the only risk is if the City does a lot of deferrals and the deferrals do not come in, Mr. Sprague said that rarely happens, a time limit is set and the longest deferral is 10 years.
Commissioner Preston moved the Resolution titled “Resolution Relating to $57,060,000.00 Refunding Improvement Bonds, Series 2023A; Calling for the Sale Thereof” and referred to as Attachment “B,” be adopted and attached hereto.

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

Revision to Ordinance 10-0322 – Harassment Referred Back to the Human Rights Commission for Further Discussion:
The Board received a communication from the Director of Diversity, Equity and Inclusion Terry Hogan stating the Human Rights Commission has requested that Ordinance 10-0322 be revised to remove the word “intent.” He said after further discussion with members of the HRC and the City Attorney’s office, the recommended motion is to refer the issue back to the HRC for further discussion on the process of how domestic violence issues are processed through the legal system.

Jaqueline Dotzenrod, a member of the Human Rights Commission, spoke about her experience with domestic violence.

Assistant City Attorney Ian McLean gave a presentation on elements of a crime and an explanation of the differences in harassment according to the City of Fargo’s Ordinance and North Dakota Century Code.
Commissioner Preston moved that the issue on the process of how domestic violence issues are processed through the legal system be referred back to the Human Rights Commission for further discussion.

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

Request for Proposal Awarded to Pioneer LLC for the Demolition of 924 5th Street South:
Inspections Director Shawn Ouradnik said five proposals were received for demolition of 924 5th Street South. He said the Review Committee recommends accepting the proposal from Pioneer LLC based on completeness of its proposal, responsiveness and its willingness to work with the City on a specific timeline.

In response to a question from Commissioner Strand asking why the lowest bid from Master Construction was not accepted, Mr. Ouradnik said Master Construction was awarded another bid for demolition and with the timing and processes needed with this property, Pioneer seemed to be the better fit.

In response to a question from Mayor Mahoney asking when will the demolition start, Mr. Ouradnik said sometime in late January after asbestos abatement happens.

In response to a question from Commissioner Strand asking about acceptance of a bid and professional performance, Mr. Ouradnik said the lowest bidder did not have the resources to be able to act when the City needed them to act. With this particular property, he said, a contractor needs to act quickly and precisely.

Mayor Mahoney said the neighborhood very much wants the City to expedite this and Pioneer could hit the timetable that is the best for everyone.

Mr. Ouradnik said there were multiple bids going out at the same time and selecting one contractor to do two demolitions would stretch that contractor thin, which may cause issues with this property. He said this is a dangerous building and has to be handled in a fashion where nobody gets harmed. One of the issues is the moving of equipment and keeping things secure, he said. Pioneer’s bid showed they would be moving equipment in and out every day due to the high incidence of police reports and thefts going on at this property, he said, and the other contractors did not specify that aspect. He said his concern was the lowest bidder would not be able to do the job in a timely fashion and rid the neighborhood of a difficult situation.

In response to a question from Commissioner Strand asking if the City is obligated to accept the lowest proposal, Mr. Ouradnik said the City is obligated to take the best proposal that can get a job done in a timely fashion. He said price is a consideration; however, other conditions such as the fact that the building is an eyesore and it creates a dangerous area in the neighborhood.

Mayor Mahoney said he has to trust the department head and if it is their assessment that this is the best fit, the Commission has to honor that assessment.

Commissioner Piepkorn said he encourages law enforcement to be present while demolition work is being done as he has concerns for the workers. He said Commissioners and City staff are well aware of the issues with this property.
Commissioner Piepkorn moved the Request for Proposal be awarded to Pioneer LLC in the amount of $68,275.75 for the demolition of 924 5th Street South.

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

Liaison Commissioner Assignment Updates:
Commissioners gave reports on the Boards and Committees on which they serve.

Commissioner Kolpack moved that the Board adjourn to 5:00 o’clock p.m., Monday, December 27, 2022.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:30 o’clock p.m.