Fargo City Commission - January 24, 2022 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, January 24, 2022.
The Commissioners present or absent were as shown following:
Present: Gehrig, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

Mayor Mahoney read a message with the following information: Fire Chief Steve Dirksen has presented letters of commendation to Dan Johnson and Brett Czaplewski for exemplary service provided a citizen who fell through the ice on the Red River December 4th; the Library is offering a Winter Storytime series, an online Winter Reading Program, as well as a visit and workshop with Jessie Veeder on January 30th; the Greater Fargo Moorhead Economic Development Corporation is ready to begin marking “Document Ready Sites,” one being at 37th Street and 52nd Avenue North; and the Fargo Police Department held a swearing in and promotion ceremony earlier today. Two videos were shown; one displaying the thought and symbolism behind the City’s 150th anniversary logo and the second featured the newest fire engine.

Order of Agenda Approved:
Commissioner Strand moved the Order of the Agenda be approved, adding
a COVID-19 update to the end of the Regular Agenda.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on January 10, 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. Receive and file the following Ordinances:
a. Amending Section 25-2201 of Article 25-22 of Chapter 25 of the Fargo Municipal Code Relating to Hotel and Rooming-House Registers.
b. Amending Section 8-0309 of Article 8-03 of Chapter 8, of the Fargo Municipal Code Relating to Driving While License Suspended or Revoked – Impoundment of License Plates.
c. Amending Article 15-02 of Chapter 15 of the Fargo Municipal Code Relating to the Human Relations Commission.
2. 2nd reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Urban Plains by Brandt Second Addition to the City of Fargo, Cass County, North Dakota.
3. Amendment (First) to Memorandum of Understanding Regarding Airport Officers.
4. Applications for Games of Chance:
a. Nativity Elementary School PTO for a raffle board on 2/4/22.
b. NDSU Saddle and Sirloin Club for a raffle on 2/12/22.
c. Muskie’s Inc. F-M Chapter for a raffle on 2/10/22.
d. North Central Turfgrass Association for a raffle on 2/23/22.
5. Pledged securities as of 12/31/21.
6. Negative Final Balancing Change Order No. 3 in the amount of -$222,507.53 for Project No. FM-15-J2.
7. Bid advertisement for Project No. PR-22-A.
8. State Water Commission request for cost reimbursement for the FM Metropolitan Area Flood Risk Management Project in the amount of $4,927,025.23.
9. Transfer of Tax Increment Financing District No. 2015-01 from 710 Lofts, LLC to 710 Holdings, LLC.
10. Agreement for Services with Sara Mwagura.
11. Agreement for Services with Tenezee Steele, David Hoffmann, Chad Simmons, Crystal Amundson and Amanda Marinucci.
12. Agreement for Services with Danek Vega, Brady Jochim, Marilyn Ouart, Julia Ressler and Braden Knudtson.
13. Notice of Grant Award from the ND Department of Health and Human Services for Childhood Obesity Prevention (CFDA #93.994).
14. Notice of Grant Award Amendment from the ND Department of Health and Human Services for Title X Family Planning Program (CFDA #93.217).
15. Agreement for Services with Kayla Dahlquist.
16. Notice of Grant Award from the ND Department of Health for increasing TB infection identification and treatment (CFDA #93.116).
17. Fourth Amendment to Lease Agreement with Dakota UPREIT Limited Partnership/First Center South, LLC.
18. Master Services Agreement with Phreesia, Inc.
19. Bid award to Ed’s Towing Service, Inc. for junked vehicle removal contract for 2022.
20. Variance Acknowledgement and Liability Waiver with Huynh Kha Property, LLC for the property located at 1425 Main Avenue.
21. Catalog of art to be located on City Infrastructure and implementation of the utility box wrap program throughout the City.
22. Allocation for the 2022 Public Art Program and to proceed with seeking proposals from the community on behalf of the Fargo Arts and Culture Commission.
23. Subrecipient Agreement with Churches United for the Homeless.
24. Bid award to Northdale Oil Inc., for the purchase of fuel in the 3rd and 4th quarters of 2022 (RFV22001).
25. Piggyback Contract with EnviroTech Services for the purchase of AMP salt brine additive for the winter of 2022 (PBC116354).
26. Extension of the Services Agreement Landscape Maintenance Services with All Terrain Grounds Maintenance for one year (RFP21032).
27. Change Orders for Project No. SW20-01:
a. No. G-004 in the amount of $1,278.92 (general contract).
b. No. E-003 in the amount of $4,684.17 (electrical contract).
28. FEMA Building Resilient Infrastructure in Communities (BRIC) grant application for improvements associated with the West Side Interceptor (Project
No. WW1905).
29. Master Utility Relocation Agreement with the Metro Flood Diversion Authority (Project No. WW2201).
30. Bills in the amount of $5,535,282.12.

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

Cost Participation and Maintenance Agreement with the NDDOT for Reconstruction of 32nd Avenue South from 32nd Street to 22nd Street (Improvement District No. BR-22-A1):
The Board received a communication from the Public Works Projects Evaluation Committee stating Division Engineer Jeremy Gorden recommended approval of a Cost, Participation and Maintenance Agreement with the NDDOT for reconstruction of 32nd Avenue South from 32nd Street to 22nd Street. They said the project will upgrade existing infrastructure by replacing the existing concrete roadway, curb and gutter, and intersection crossings improvements. Portions of existing water distribution, sidewalk and storm sewer system will be replaced or rehabilitated, they said, a new parallel storm sewer will be added and a sanitary sewer liner will be installed. The project is necessary due to the corridor’s infrastructure deterioration and/or inadequacy for the current use, they said. Estimated construction cost is approximately $11,591,851.00, they said, and funding will consist of Federal Highway Funds from the NDDOT Urban Roads Program, Street Sales, Tax, Waste Water Utility, Water Replacement and Special Assessments.

Commissioner Strand moved the Cost Participation and Maintenance Agreement with the NDDOT for Reconstruction of 32nd Avenue South from 32nd Street to 22nd Street be approved.

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

Negative Final Balancing Change Order No. 3 for Improvement District No. NN-19-A1 Approved:
Commissioner Strand moved Negative Final Balancing Change Order No. 3 in the amount of -$22,476.90 for Improvement District No. NN-19-A1 be approved.

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

No Protests Received for New Paving and Utility Construction Improvement District No. BN-22-B1:
The Statutory Resolution of Necessity for the construction of New Paving and Utility Construction Improvement District No. BN-22-B1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on December 22 and 29, 2021 and no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Strand 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-B1.

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

Bids Received for New Paving and Utility Construction Improvement District No. BN-22-B1:
The bids for New Paving and Utility Construction Improvement District No. BN-22-B1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., January 19, 2022 and the bids were found to be as follows:

Dirt Dynamics, LLC Fargo, ND
Bid: $1,299,597.84

Northern Improvement Company Fargo, ND
Bid: $1,309,460.65

Ryan Contracting Company Elko, MN
Bid: $1,371,438.65

Dakota Underground Company Fargo, ND
Bid: $1,432,616.04

KPH, Inc. Fargo, ND
Bid: $1,452,405.05

Border States Paving, Inc. Fargo, ND
Bid: $1,453,317.16

Sellin Brothers Hawley, MN
Bid: $1,518,874.25

Contract for New Paving and Utility Construction Improvement District No. BN-22-B1 Awarded to Dirt Dynamics, LLC in the Amount of $1,299,597.84:
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 New Paving and Utility Construction Improvement District No. BN-22-B1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received o for New Paving and Utility Construction Improvement District No. BN-22-B1 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-B1 shows the bid of Dirt Dynamics, LLC of Fargo, North Dakota, in the sum of $1,299,597.84 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, LLC in the sum of $1,299,597.84 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-B1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dirt Dynamics, LLC for the sum of $1,299,597.84, 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 Strand. On the vote being taken on the question of the adoption of the Resolution Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Seal Coat Improvement District No. PR-22-E (Various Locations):
Commissioner Strand moved the following action be taken in connection with Seal Coat Improvement District No. PR-22-E:

Adopt Resolution Creating Improvement District No. PR-22-E:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. PR-22-E in the City of Fargo, North Dakota, be created

LOCATION (Section 5):
On Agassiz Xing South north of 23rd Avenue South.

LOCATION (Section 8):
On 14th Street South from address 6052 to 6128.
On 18th Street South from 61st Avenue South to 63rd Avenue South.
On 62nd Avenue South from 18th Street South to 170’ east and 134’ west of the intersection.
On 63rd Avenue South from 18th Street South to the west 132’.
On 15th Street South from 64th Avenue South to the end of cul-de-sac.

LOCATION (Section 9):
On 14th Street South from 70th Avenue South to 75th Avenue South.
On 15th Street South from 70th Avenue South to 75th Avenue South.
On 71st Avenue South from 72nd Avenue South to 15th Street South.
On 72nd Avenue South from 71st Avenue South to 15th Street South.
On 73rd Avenue South from 15th Street South to 25th Street South.
On Shawnas Place South west of 14th Street South.
On 75th Avenue South from 14th Street South to Eagle Pointe Drive South.

LOCATION (Section 10):
On 56th Avenue South from 63rd Street South to 67th Street South.
On 57th Avenue South from 62nd Street South to Deer Creek Parkway.
On 58th Avenue South from 58th Street South to Deer Creek Parkway.
On 59th Avenue South from 58th Street South to Deer Creek Parkway.
On 60th Avenue South from 58th Street South to Deer Creek Parkway.
On 61st Avenue South from 59th Street South to Deer Creek Parkway.
On 63rd Avenue South from 58th Street South to Deer Creek Parkway.
On 58th Street South from 1/2 way between 57th Avenue South and 58th Avenue South to 63rd Avenue South.
On 58th Street South from 58th Avenue South to 61st Avenue South.
On 61st Street South from 1/2 way between 57th Avenue South and 58th Avenue South to 63rd Avenue South.
On 62nd Street South from 57th Avenue South to 58th Avenue South.
On 62nd Street South from 63rd Avenue South to 138’ south of 63rd Avenue South.
On 63rd Street South/Deer Creek Parkway from 52nd Avenue South to 63rd Avenue South.
On 67th Street South from 56th Avenue South to 140’ north of 56th Avenue South.

COMPRISING (Section 5):
Bound on the north by I-94.

Bound on the east by the edge of Lot 1, Block 1, Hom 1st Addition. Then west along the south edge of Lot 1, Block 1, Hom 1st Addition. To the east edge of Lot 1, Block 1, Hom 2nd Addition.

Bound on the south by 23rd Avenue South.

Bound on the west by 51st Street South.

COMPRISING (Section 8):
Lots 1 through 9, Block 1.
Lots 1 through 3, Block 2.
All in Winchester Square.

Lots 1 through 5, Block 1.
Lots 1 through 9, Block 2.
Lots 21 through 33, Block 11.
Lots 1 through 22, Block 12.
All in Legacy I Fourth Addition.

Lots 1 through 4, Block 1, Glen Van Enk Subdivision.

A portion of the unplatted land in NE 1/4 of SEC 12, TWP 138 N, RGE 49 W lying 164’ west of the west ROW line of 15th Street South thence easterly to 140’ east of the east ROW line of 15th Street South.

COMPRISING (Section 9):
Bound on the north by 70th Avenue South.

Bound on the east by the east edge of Lots 1 through 5, Block 3, MGB 2nd Addition. Continuing along the east edge of Lots 1 through 10, Block 1 and Lots 1 through 12, Block 2, Eagle Pointe 1st Addition. Continuing along the east edge of Lot 1, Block 1, Walsh’s 1st Subdivision.

Bound on the south by 76th Avenue South.

Bound on the west by 25th Street South.

COMPRISING (Section 10):
All of Richard Subdivision.
All of Richard 2nd Subdivision.
All of Richard 3rd Subdivision.
All of Currier Trust Subdivision.
All of Ken’s Subdivision.
All of Dittmer Subdivision.
All of GSR Addition.
All of Deer Creek Addition.
All of Deer Creek 2nd Addition.
All of Deer Creek 3rd Addition.
All of Ashwood 4th Addition.
All of Grayland First Addition.

A portion of unplatted land in NW 1/4 Section 5, TWP 138 N, RGE 49 W lying 1494’ west of the west ROW line of 63rd Street South.

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

NOW, THEREFORE, BE IT RESOLVED, That Seal Coat Improvement District No. PR-22-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. PR-22-E:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PR-22-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 $881,012.90.)

Order Plans and Specifications for Improvement District No. PR-22-E:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. PR-22-E in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. PR-22-E:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. PR-22-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. PR-22-E in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Seal Coat 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 Seal Coat Improvement District No. PR-22-E in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Seal Coat must be in writing and must be filed with the City Auditor's Office within 30 days after 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. PR-22-E:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. PR-22-E 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.

Asphalt Paving Rehab/Reconstruction Improvement District No. PR-22-G (various Locations in South Fargo):
Commissioner Strand moved the following action be taken in connection with Asphalt Paving Rehab/Reconstruction Improvement District No. PR-22-G:

Adopt Resolution Creating Improvement District No. PR-22-G:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. PR-22-G in the City of Fargo, North Dakota, be created

On 18th Avenue South from 42nd Street to 39th Street and on 40th Street South from 19th Avenue to 17th Avenue.

COMPRISING:
Lot 4, Block A.
All in Dakota View Estates 2nd Addition.

Lots 3 through 7, Block 1.
All in Dakota View Estates.

Lots 1 and 2, Block 1.
All in Ekman Dakota View Addition.
A replat of Lots 1 and 2, Block 2,
Dakota View Estates and Lot 1, Block 1, Ekman Addition.

Lots 4, 7, 8, 9 and 10, Block 7.
All in West Acres 4th Addition.

Lots 1 and 2, Block 1.
All in Gehrig Addition. A replat of Lots 1 and 2, Block 3 of West Acres Fourth Addition.

Lots 3 through 12, Block 3.
All in West Acres 4th Addition.

Lots 1 through 10, Block 4.
All in West Acres 4th Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Asphalt Paving Rehab/Reconstruction Improvement District No. PR-22-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. PR-22-G:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PR-22-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 $1,764,000.00.)

Order Plans and Specifications for Improvement District No. PR-22-G:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. PR-22-G in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. PR-22-G:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. PR-22-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. PR-22-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 Asphalt Paving Rehab/Reconstruction 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 Asphalt Paving Rehab/Reconstruction Improvement District No. PR-22-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 Asphalt Paving Rehab/Reconstruction improvement is to be paid from State and Local Funds, and approximately 72 percent 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 Asphalt Paving Rehab/Reconstruction 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. PR-22-G:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. PR-22-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.

Resident Comments:
Will Thompson, Branden Krieger, Wess Philome and Christopher Coen spoke about the Police Department.
In response to a question from Commissioner Piepkorn asking whether the Board will be allowing equal time to other Mayor or Commission candidates due to the comment period now being used as a forum for candidates, Mayor Mahoney said the Commission will need to determine what to do with campaigning during comments once the election cycle starts on April 11th.

Application Filed by BPC Fargo LLC d/b/a Boss’ Pizza and Chicken for a Class “F” Alcoholic Beverage License Approved:
A Hearing had been set for January 10, 2022 on the application filed by BPC Fargo LLC d/b/a Boss’ Pizza and Chicken for a Class "F" Alcoholic Beverage License at 228 Broadway North, notice of which had been duly published in the official newspaper for the City of Fargo.
At the January 10, 2022 Regular Meeting, the Hearing was continued to this day and hour.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.

City Auditor Steve Sprague said this item had been delayed due to the background check on the person initially listed as assistant manager and part owner. He said subsequent to that, the owner identified another manager, removing the initial person’s ownership, increased her ownership in the Grand Forks store to give her more buy-in to the company and made her district manager with overall oversight in Fargo and Grand Forks. He said the Liquor Control Board approved the license on a 4-1 vote with the dissenting vote due to the member not wanting to see more full alcohol licenses in the Downtown.

Commissioner Preston said she would echo the dissenting vote on the Liquor Control Board and would encourage the Liquor Control Board to look at the density issue. She said she does not have an issue in this case where it sounds like it will operate more like a restaurant with alcohol on the side.

Mr. Sprague said there is no physical bar with a Class “F” Alcoholic Beverage License, so it will look like a restaurant, not a bar.

Commissioner Gehrig said it is not prudent to deny licenses due the Board feeling there are too many bars in an area. Licenses have been approved that are only for Downtown, he said, and a first step would be to stop incentivizing bars in the area.

Commissioner Preston said there is research that shows public safety issues from too many bars close together. She said she is not saying licenses would be denied at this point; however, she feels it does need to be studied.

Commissioner Strand said the initial application had some focus on a manager who had problems with the law in the past. That is said and done, he said, and he said he feels the community needs to celebrate rehabilitation and people who turn their lives around and get back on their feet. He encouraged the Commissioners not to be close minded and harshly judge people who have had moments in time where they made bad judgement.

Commissioner Piepkorn moved the issuance of a Class “F” Alcoholic Beverage License to BDP Fargo LLC d/b/a Boss’ Pizza and Chicken to be located at 228 Broadway North be approved removing Lisa Knoell from ownership and designate Tamera Garrett as the manager.

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.

Parcels of Land in EOLA Addition Rezoned (4410, 4415, 4448, 4470, 4471 and 4474 24th Avenue South, and 4417 and 4477 26th Avenue South):
At a Hearing held on January 4, 2022 the Fargo Planning Commission recommended approval of a change in zoning from GC, General Commercial with a PUD, Planned Unit Development Overlay to GC, General Commercial with an amended PUD, Planned Unit Development 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.

Urban Development Planning Coordinator Maegin Elshaug said the applicant is proposing to amend two items within the overlay for greater design flexibility including building height from 85 feet up to 130 feet or 10 stories and to remove the requirement for parapet variation at the top of the building façade. She said flat roofs and rooftop equipment, such as HVAC units, shall be concealed from public view by parapets which shall not exceed one third of the height of the supporting wall. There have been no inquiries on the application, she said, and the Planning Commission recommends approval.

In response to a question from Mayor Mahoney asking if construction has begun, Ms. Elshaug said they have begun construction on a foundation permit and if the Commission does not approve the amendment they would have to construct under the 85 feet height and the applicant is aware of that.

Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning, Planned Unit Development (PUD) Overlay and Planned Unit Development Master Land Use Plan 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 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.

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

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

Second Reading and Final Adoption of an Ordinance Enacting Section 1-0210 of Article 1-02 of Chapter 1 of the Fargo Municipal Code Relating to Ordinances – Procedures:
Commissioner Preston moved to waive second reading at length of an Ordinance Enacting Section 1-0210 of Article 1-02 of Chapter 1 of the Fargo Municipal Code Relating to Ordinances – Procedures.

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

Commissioner Preston moved that the proposed Ordinance Enacting Section 1-0210 of Article 1-02 of Chapter 1 of the Fargo Municipal Code Relating to Ordinances – Procedures, which was placed on its first reading January 10, 2022, be now placed on its second reading and a vote taken on the question of its final passage and adoption..

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

City Attorney Directed to Rewrite Section 18-09 of the Excavation Code:
Division Engineer Kevin Gorder said the last major rewrite of Article 18-09 of the Excavation Code was in 1990 with revisions in 1998 and 2016. The revision in 2016, he said, was an adjustment to the bond amount and eliminated performance deposits. The technology and methods have changed considerably since the 1990s, he said, and an update is needed to address some of the changes. He said expectations of the public have also changed and the expectation is to minimize the impact to public travel around town, including delays when lane closures are in place and rerouting pedestrians during sidewalk closures. The current fee structure is based on the size of the excavation and the Engineering Department would like a fee structure based on length of impact to encourage a reduction in the duration of the excavation. Excavation permits over the last 12 years average about 2,350 per year and there is an average of about 145 street cuts per year in that same timeframe, he said. Each street cut requires a street patch to restore the roadway and those patches tend to fail at a high rate, he said, and this additional maintenance is something Public Works has to manage. He said the current average permit fee for a street excavation is about $70.00.

In response to a question from Commissioner Gehrig who said he and two neighbors had water breaks at the main this year which are very expensive and how will this impact homeowners, Mr. Gorder said that question is more about actual cost of repair versus City fees and excavation details. He said work is being done to get a group together to talk about how to look at ways to do work cheaper; however, the struggle is that excavation is expensive. He said they understand it is a pass through cost, he said, and are sensitive to that. He said one idea is for residents to look for multiple quotes and how that may be accomplished.

Commissioner Strand said some of these instances may be eligible for assistance or financing from the City and it would be good to connect the residents with help to navigate options.

In response to a question from Commissioner Preston about the permits involved, Mr. Gorder said fees are charged now on how big the hole is; however, if the City could say an additional fee is charged if the repair takes too long it could help focus resources on getting the patch or repair completed. He said construction projects have a timeframe to do the project, then there are liquated damages so perhaps that path can be something that would work.

Commissioner Piepkorn moved to direct the City Attorney to rewrite Section 18-09 of the Excavation Code.

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

Update on the Audit of the Municipal Airport Authority:
Finance Director Kent Costin said the Finance Committee met in late October with discussion on the Memorandum of Understanding with the Municipal Airport Authority (MAA) and the move toward independence. In the past, he said, the MAA has had a full audit procedure much like any department of the City and as they transition, the process will continue for this fiscal year and then they will have their own independent audits separate from the City. This year, he said, the Finance Committee recommended and hired Eide Bailly to do about ten agreed upon procedures toward the management practices of the MAA, policies, operating criteria and an independent look at how they operate. A draft report was received today, he said, and the intention is to bring it to the Finance Committee for future discussion and work for closure on any issues.

Update on Police Department Personnel:
Commissioner Piepkorn said following the Informational Police Department Operational Update from Police Chief David Zibolski held January 18th, he received numerous calls and emails from current and former police officers. He said his information from the Human Resources Department indicates out of 190 employees in the PD, 45 left during the Chief’s tenure, which is almost 25 percent and far more than had been reported. He believes the Chief brought in a toxic culture, he said, and the fact that shifts cannot be filled brings up safety questions. He said he heard from multiple people that officers are being sent to situations, such as domestics when three or at least two officers should be sent, and only one is dispatched. He said he believes this is grounds for immediate dismissal and if one officer sent alone is injured, that is on the Board, the Chief and PD leadership. He said he is very worried about officers going to high-risk situations alone due to understaffing.

Chief Zibolski said the HR report shows that in the same timeframe that the 45 civilian and sworn staff left the department, 33 were hired for a difference of 12. Five new officers were sworn in today, he said, bringing sworn vacancies to 20 for a 10.5 percent vacancy rate. Six new civilians were hired, he said, so the Intelligence and Analysis and Records units are fully staffed for the first time in quite awhile. The 20 vacant positions include three new positions authorized for 2022, he said, and 8 officers in training will be added to staffing within the next week, 3 within the next month and the 5 hired today should complete training by July 1st adding to staff. The Department Team, Captain Helmick and Assistant Chief Stefonowicz, work diligently to review staffing plans to assure adequate coverage for any gaps that may exist in order to get through the rest of the year and ideas are being discussed in terms of retention. He is equally concerned about the safety of officers and the community; he said, however the community is safe and the officers are being taken care of, they help each other out, which is extraordinary. He said if Commissioner Piepkorn has a specific issue to bring to his attention, he will certainly look into it; however, it is difficult to respond without the specifics.

In response to a question from Mayor Mahoney asking if an officer is ever sent out on a Priority One call alone, Chief Zibolski said if another officer is not available the first officer would wait for back up or if it was a significant situation, as has been done in the past, there would be a call for mutual aid. He said there are options, such as the sergeants who have been stepping up and helping with calls if need be.

Appropriate Staff Directed to Develop and Implement a Fargo Police Department Performance Action Plan:
Commissioner Preston said she has been disturbed by the public calls for termination of the Chief and none of the Commission should be doing that. She said if there is cause for termination it needs to go through the right channels. The decorum set by the Board when a department head is called to be fired sends a message to the entire City staff that creates a culture of fear and insecurity, she said. She sees that as unprofessional and almost negligent, she said, and is distressed with the way things have been handled this past week.

Commissioner Piepkorn said he stands by his comments and what is done when there is an officer reviewed, they are put on suspension and turn in their gun and badge while a thorough review takes place and at the very least that is what needs to be done.

Commissioner Piepkorn moved that the issues in the Police Department be reviewed by an outside investigator and that Chief Zibolski be placed on suspension until the investigation is complete.
The motion died for the lack of a second.

Commissioner Strand said these are challenging times. He said while hindsight is great, it is not whether the right decision was made, it is the onus now on the Board to make the decision right. He would like to learn more, he said, and would like to have a safe confidential space where he can talk to people, to learn and understand their situation and ask about their needs and frustrations. He said even if he is the only Commissioner to take part, he would like to learn from the PD staff about how they operate and their sense of the world. He said he could not imagine wanting to be in law enforcement these days, it takes special people.

Chief Zibolski said the PD has partnered with the HR Department on a similar venture and he feels Commissioner Strand could speak with them and be integrated in the effort. He said he is willing to share any information Commissioners are interested in about the department.

Mayor Mahoney said there has been discussion and reasoning for having an outside body do interviews. Two Commissioners may have different objective findings, he said, so having the HR Department involved leads to more objective findings and facts. It is time to end rumors and anonymous letters and to get the facts, he said, not only for performance improvement for the Chief but for performance improvement for the department. Good morale is important and truly wanted and so is treating officers well, he said, and this action includes officer safety, communication and many improvement items. Expectations will be laid out, he said, and if a Commissioner wants to work with HR and get in on conversations, they are welcome. The PD is the most watched right now and it is time to work and focus on making it better, he said, safety is important and the facts need to be managed, not rumors.

Commissioner Gehrig said a performance improvement contract would be for the Chief and then by extension for the department since it is impossible to separate the two. He said he wants the rank and file police officers to know that is his intent and what will be voted on is a framework being developed by Administration for what is to come in the weeks to follow. He said there will be measurable things to look at to see if the department is being improved by leadership.

Mayor Mahoney said the plan includes examination of the shift schedule, staffing strategies, department analysis and evaluation, mental and physical health initiatives and community involvement efforts.

In response to a question from Commissioner Preston asking how well this fits with the process for strategic planning for the department on which the Chief is already embarking, Chief Zibolski said it fits in well and will help prioritize goals and objectives for the year, as well as looking out 3 to 5 years.

Commissioner Preston said this whole approach looks like something good for every department to go through.

Commissioner Piepkorn said maintaining confidentiality is important. He said there were 25 reports and the reason there were not 45 is due to people being afraid of retribution.

Mayor Mahoney said HR has said there is a way to do it confidentially so people will feel there is not retribution.

In response to Commissioner Piepkorn’s recommendation to the Mayor that he consider changing the Commission liaison for the Police Department from Mayor Mahoney to another Commissioner, Mayor Mahoney replied that recommendations are not always taken.

Commissioner Gehrig said as part of this review, he will demand there be a survey given to every officer early on and then towards the end of the process to allow measurable metrics. To measure things such as mental health, the question has to be asked in one point in time and then later on, he said, and it has to be confidential or people will not be honest.

Commissioner Gehrig moved to direct appropriate staff to develop and implement a strategic and measurable Performance Action Plan for Police Chief Zibolski to address issues as outlined and to direct the Police Chief to provide a progress report to the City Commission over the next six months following its implementation.

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

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Donald and Susan Morton, 4328 Timberline Drive South (3 year).
b. Nicole and Kelan Oster, 2127 Rose Creek Drive South (3 year).
c. Jade and Laney Witty, 1529 Broadway North (5 year).
d. Kevin and Kristina Lau, 1118 9th Street South (5 year).
e. Melissa and Aaron Rohrich, 1212 7th Street South (5 year).
Commissioner Piepkorn moved the applications be approved.

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.

Dean Bresciani Appointed to the Renaissance Zone Authority:
The Board received a communication from Mayor Mahoney recommending that Dean Bresciani be reappointed to the Renaissance Zone Authority.

Commissioner Strand moved Dean Bresciani be reappointed to the Renaissance Zone Authority for a three-year term ending January 1, 2025.

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

COVID-19 Update:
Director of Fargo Cass Public Health (FCPH) Desi Fleming said there are resources available community wide. She said COVIDTests.gov is an easy website to use to request free at-home tests and up to four per address will be mailed out from the USPS. She said the testing storefront offered by FCPH and available weekdays has been very busy and doing from 2,400 to 4,600 tests per day. Positivity is quite high, she said, at 24 to 26 percent, doubling since December. She said the program offering N95 masks from the government is expected through retail pharmacies and community health centers, which is Family Health Care in our area, with the projected arrival of the masks in early February. FCPH has a small supply of KN95s for adults and some for small children, she said, which are meant for people not able to purchase them on their own. She said her message continues to be that cases are everywhere and she encourages everyone to get the vaccine. With cases so high, she said, for the next several weeks unnecessary outings should be limited, people should choose delivery options and stay away from other people as much as possible, wear well-fitted masks in public, stay home if sick and if there is a potential for COVID-19, get tested.

Commissioner Strand said he would hand it to the Public Health Department, all the health delivery people and all those heroes on the front lines who are doing so much on a daily basis.

Commissioner Preston moved that the Board adjourn to 5:00 o’clock p.m., Monday, February 7, 2022.

Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:01 o’clock p.m.