Fargo City Commission - July 11, 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, July 11, 2022.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: Free COVID-19 at-home test kits remain available at FCPH; Environmental Health reports a record number of grass and weed complaints this year; teens are invited to participate in summer events at the Library; the Crow Show art exhibit is on display through July at the Main Library; US Census Bureau estimates show Fargo’s population at 126,748 in 2021, an increase of 895 residents; and a behind-the-scenes video was shown of the Fargo Fire Department’s work to flush hydrants.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved, delaying Item No. “5” on the Consent Agenda and moving Item No. “18” from the Consent Agenda to the Regular Agenda and adding an extra item to the end of the Regular Agenda for a report from Chief Zibolski on the July 8, 2022 officer-involved shooting incident.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Preston moved that the Minutes of the Regular Meeting of the Board held on June 27, 2022 be approved as read.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.

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

1. 2nd reading and final adoption of the Gas Franchise Ordinance; 1st reading, 6/27/22.

2. Findings of Fact and Order, and Notice of Entry Order for the property at 1108 18th Street South.

3. Applications for Games of Chance:
a. Matthew Voice Project for a raffle on 7/15/22, 7/16/22, 7/23/22, 7/24/22, 7/30/22 and 7/31/22.
b. New Life Center for a raffle on 9/20/22.
c. YWCA of Cass and Clay Counties for a raffle on 8/2/22.

4. Pledged securities as of 6/30/22.

5. Bid award to Smartt Interior Construction in the amount of $118,799.00 for modular walls for Citywide Multimedia Space (RFP18023) (delayed for two weeks).

6. Funding in the amount of $120,000.00 for a 6-month Pilot Program with the Great Plains Food Bank and New Americans Foreign Born and Immigrant Communities.

7. Amendment No. 1 with Houston Engineering in the amount of $8,500.00 for Project No. UN-21-A2.

8. Change Order No. 1 in the amount of $37,227.50 for Project No. SR-22-B1.

9. Change Order No. 1 in the amount of $38,424.00 for Project No. TM-22-A1.

10. Change Order No. 4 in the amount of $58,460.16 for Project No. FM-19-F1.

11. Easement (Storm Sewer and Outfall) with SoFar Properties.

12. Notice of Grant Award Amendment with the ND Department of Environmental Quality for water pollution – EPA Block (CFDA #66.605).

13. Notice of Grant Award with the ND Department of Health and Human Services for Public Health Emergency Preparedness - EPR Statewide Response Team (CFDA #93.069).

14. Notice of Grant Award with the ND Department of Health and Human Services for Public Health Emergency Preparedness – EPR All Hazards Allocation (CFDA #93.069).

15. Proposed Amendments to the 2021 and 2022 HUD Action Plans.

16. Proposed Amendments to the 2021 Action Plan Activities for HOME American Rescue Plan (ARP) Program.

17. Request from the Downtown Community Partnership to utilize the property located at 501 Main Avenue for the 2022 Street Fair.

18. Lease of 80 parking stalls (50 at the Mercantile and 30 at the RoCo) to the General Services Administration (GSA) (moved to the Regular Agenda).

19. Bid award to Gast Construction Company, Inc. in the amount of $795,800.00 for the Public Works West Building Renovations (AFB2117).

20. Rebate Contract with the ND Department of Environmental Quality for the ND Volkswagen Settlement Program.

21. Purchase of one combination sewer recycler jet truck through Sanitation Products (PBC101221-VTR).

22. Ratify the Mayor’s signature on the Contract Amendment with the ND Department of Transportation.

23. Transit Capital Project Fiscal Year 2022 Urbanized Carbon Reduction Program Memorandum of Understanding with the ND Department of Transportation.

24. Amendment No. 1 to the Agreement with First Transit.

25. Bills in the amount of $10,537,153.47.

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

Change Order No. 1 for Improvement District No. BN-22-K1 Approved:
Commissioner Strand moved Change Order No. 1 for an increase of $51,571.50 for Improvement District No. BN-22-K1 be approved.

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

Change Order No. 1 and Time Extensions for Improvement District No. PR-22-G1 Approved:
Commissioner Strand moved Change Order No. 1 for an increase of $58,256.80 and time extensions to the Substantial Completion date to September 16, 2022 and Final Completion date to October 15, 2022 for Improvement District
No. PR-22-G1 be approved.

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

Change Order No. 1 for Improvement District No. TN-22-A1 Approved:
Commissioner Strand moved Change Order No. 1 for an increase of $83,083.00 for Improvement District No. TN-22-A1 be approved.

Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn, Kolpack, 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-21-H1 Approved:
Commissioner Strand moved Change Order No. 4 for an increase of $18,275.54 for Improvement District No. BN-21-H1 be approved.

Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn, Kolpack, 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. FM-19-E1 Approved:
Commissioner Strand moved Negative Final Balancing Change Order No. 3 in the amount of -$30,011.10 for Improvement District No. FM-19-E1 be approved.

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

Payment to Lumen Approved (Improvement District No. BN-21-H1):
The Board received a communication from the Public Works Projects Evaluation Committee stating a utility hand hole had to be relocated at a cost of $2,083.12 in association with work being done on Improvement District No. BN-21-H1.

Commissioner Strand moved the payment to Lumen in the amount of $2,083.12 for relocation of a utility hand hole in association with Improvement District No. BN-21-H1 be approved.

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

Permanent Easement (Storm Sewer) with Thomsen Properties, LLC Approved (Improvement District No. BN-22- G1):
The Board received a communication from Land Acquisition Specialist Shawn Bullinger requesting approval of a permanent storm sewer easement with Thomsen Properties, LLC in association with Improvement District No. BN-22-G1.

Commissioner Strand moved a Permanent Easement (Storm Sewer) with Thomsen Properties, LLC in association with Improvement District No. BN-22-G1 be approved.

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

Permanent Easement (Storm Sewer) with 76th Street Holdings, LLC Approved (Improvement District No. BN-22- J1):
The Board received a communication from Land Acquisition Specialist Shawn Bullinger requesting approval of a permanent storm sewer easement with 76th Street Holdings, LLC in association with Improvement District No. BN-22-J1.

Commissioner Strand moved a Permanent Easement (Storm Sewer) with 76th Street Holdings, LLC in association with Improvement District No. BN-22-J1 be approved.

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

New Paving and Utility Construction Improvement District No. BN-22-G (Various Locations in South Fargo):
Commissioner Strand moved the following action be taken in connection with New Paving and Utility Construction Improvement District No. BN-22-G:

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

On 66th Avenue South from 15th Street South to 14th Street South, on Meadow View Drive South from 15th Street South to 68th Avenue South, on 68th Avenue South from 15th Street South to Meadow View Drive South and on 14th Street South from 66th Avenue South to 68th Avenue South.

COMPRISING:
Lots 1 through 13, Inclusive, Block 2.
Lots 1 through 24, Inclusive, Block 3.
Lots 1 through 34, Inclusive, Block 4.
Lots 9 through 29, Inclusive, Block 6.
All platted within Meadow View Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That New Paving and Utility Construction Improvement District No. BN-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. BN-22-G:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-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 $2,713,823.30.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-22-G:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-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. BN-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 New Paving and Utility Construction Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct New Paving and Utility Construction Improvement District No. BN-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 New Paving and Utility Construction improvement is to be paid from State and Local Funds, and approximately 63% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed New Paving and Utility Construction must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

Direct City Auditor's Office to Call for Bids for Improvement District No. BN-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. BN-22-G in the City of Fargo, North Dakota.

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

New Paving and Utility Construction Improvement District No. BN-22-N (63rd Avenue South from 21st 18th Street South):
Commissioner Strand moved the following action be taken in connection with New Paving and Utility Construction Improvement District No. BN-22-N:

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

On 63rd Avenue South from 21 Street South to 18th Street South.

COMPRISING:
Lots 23 through 35, Inclusive, Block 12, platted as Legacy I 4th Addition.

Lots 15 through 22, Inclusive, Block 11, platted as Legacy I 6th Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That New Paving and Utility Construction Improvement District No. BN-22-N in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost from the City Engineer for Improvement District No. BN-22-N:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-22-N 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 $658,985.21.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-22-N:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-22-N in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. BN-22-N in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring New Paving and Utility Construction Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct New Paving and Utility Construction Improvement District No. BN-22-N 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 New Paving and Utility Construction must be in writing and must be filed with the City Auditor's Office within 30 days after first publication of this Resolution.

Direct City Auditor's Office to Call for Bids for Improvement District No. BN-22-N:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BN-22-N in the City of Fargo, North Dakota.

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

Resident Comments:
Torail Boxley, Charles Taylor, Tenille Brackins and Anthony Bachman spoke in opposition of changes to Ordinances regulating food carts; Jacqueline Dotzenrod spoke about representation of disabled citizens on the Human Rights Commission; Tracey Wilkie, Tanya RedRoad, Andrew Blackbird, Wess Philome, Paige Dauphinais and Conrad Larson spoke about concerns with the Police Department, the
officer-involved shooting incident on July 8th and timing of body cam footage being released.

In response to a question from Mayor Mahoney asking what the concerns were about food carts, Planning Director Nicole Crutchfield said she is not certain to which issue the food cart supporters are referring. She said Planning and other departments are working collectively and currently coordinating with the Downtown Community Partnership. At the last City Commission meeting, she said, it was determined there would be a report and a short-term solution to the Ordinance presented in two weeks; however, it is important to meet with the stakeholders first.

City Attorney Nancy Morris said she has been working with the various departments and does plan to bring something to the Board in two weeks.

Construction Update:
Assistant City Engineer Tom Knakmuhs said there have been no safety incidents this year. He said information on projects can be found on the City website, Twitter and Facebook and at FargoStreets.com. Completed projects this season, he said, include Citywide asphalt crack fill, chip seal, EOLA Subdivision, Madelyn’s Meadows 4th Addition. He said ongoing rehabilitation and reconstruction projects are 13th Avenue South rehabilitation, 21st Avenue South, 18th Avenue South/40th Street South street reconstruction, 7th Avenue North and Oak Street, 3rd Avenue North/7th Street North, 21st Street South. New development projects underway are the 64th Avenue South overpass, Valley View Estates 2nd Addition and Meadow View Addition, he said. Ongoing also, he said, are the North Side Flood Risk Management, Westcrest Levee and Lift Station and Storm Lift Station 55 and 45 (42nd Street South/Drain 27). He said upcoming projects are storm sewer repairs, drain repairs and new development projects: Rocking Horse Farms, The District of Fargo 4th Addition, Golden Valley 6th Addition, 14 1/2 Street (J-Street Apartments) and Veterans/37th Avenue South Traffic Signal.

No Protests Received for 32nd Avenue South Project from 32nd to 22nd Street (Improvement District No. BR-22-A2):
Assistant City Engineer Tom Knakmuhs said originally bids were opened on February 11, 2022 and 3 bids were received; however, bids were rejected at the February 22, 2022 City Commission meeting due to the lowest bid of $16.6 million being more than 40% over the Engineer’s estimate of $11.7 million. He said it had to be rebid no later than November 2022 to keep Federal funds and on March 21, 2022 the Board approved changes to the plans that would detour traffic and to rebid the project on June 10th. He said bids were opened by the ND Department of Transportation on June 10th and two bids were received, the lowest bid 24% over the Engineer’s estimate of $16,092,081.25. He said costs are even higher due to changes made to phasing, labor shortage, material shortage, increased cost of materials and fuel prices. He said as far as project funding, special assessments are not increasing, Federal funds will stay the same and the brunt of additional funds will come from the City through Infrastructure Sales Tax and Utility funds.

In response to a question from Commissioner Strand asking about the reference to protests being insufficient, Mr. Knakmuhs said residents are notified and given an opportunity to protest a project. When this was rebid, he said, a notice to those benefiting indicated that special assessments would not be changing.

City Attorney Nancy Morris said if over a certain percentage of owners protest, State law says the special assessments cannot be assessed. She said a project could go forward; however, City funds would have to be used, not special assessments.

In response to a question from Commissioner Preston asking if other projects are affected due to the additional $7 million coming from City funds and whether it impacts projects falling behind, Mr. Knakmuhs said most of the funding comes from the Infrastructure Sales Tax, which has a balance. He said the CIP reserve increased in 2020 with the unknowns of COVID-19 and in another year water replacement projects were eliminated, which also increased the reserve. The Pavement Condition

Survey indicated that infrastructure projects are falling behind somewhat, he said, and they are examining capital improvements and how much to spend.

Commissioner Preston moved that the Board declare that no protests have been filed to the construction of the 32nd Avenue South Project Improvement District No. BR-22-A2.

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

Bids Received for 32nd Avenue South Project from 32nd to 22nd Street (Improvement District No. BR-22-A2):
The bids for 32nd Avenue South Project from 32nd to 22nd Street Improvement District No. BR-22-A2 in the City of Fargo, North Dakota were opened by the ND Department of Transportation on June 10, 2022 and the bids were found to be as follows:

Dakota Underground Company Fargo, ND
Bid: $19,964,185.80

Northern Improvement Company Fargo, ND
Bid: $21,154,185.15

In response to a question from Mayor Mahoney asking about the concerns expressed for westbound traffic’s right hand turn lane from 32nd Avenue South onto 25th Street being eliminated, Mr. Knakmuhs said currently there is no designated right hand turn lane for northbound movement. If the Board desires it to be included, he said, he would recommend a motion to amend the plans since it was a City Commission decision to remove it. He said a change order would need to be issued since that is not in the contract.

Commissioner Kolpack said as she understands it, that decision was made due to traffic counts. She said if a turn lane is desired in the future it can be an option.

Mr. Knakmuhs said traffic operations were studied when working on the design and it was found not impactful to remove that lane. He said some of the benefit is that currently the sidewalk is close to the back of the curb on the north side of the intersection and the desire is to create a greater buffer between pedestrians and moving traffic. He said overall crossing distance for pedestrian crossings were reduced, the medians were removed and lanes became narrower.

Mayor Mahoney said he has heard concerns about eliminating the right turn lane and his feeling is that the population wants it in there. He said the Engineering Department does feel prices will go up. There is a reserve fund, he said, and it is essential the one-cent sales tax continues after 2028 due to the fact it is so helpful to fund the CIP.

In response to a question from Commissioner Strand asking if the $8 million in Federal funds are lost if this is not approved, even though more costly, Mr. Knakmuhs said there was discussion with the NDDOT about options and with the timeline there would not be an opportunity to move the funds to another project. He said if this is not awarded tonight, a project could be rebid; however, from everything he has heard from contractors and competitors, a lower bid could not be expected. He said if not awarded tonight, the City would lose out on the Federal funding, there would still be a need to do something at some point. Public works has done substantial patching and overlay to buy time until next year, he said; however, the sanitary sewer needs to be lined, storm sewer is under capacity and the roadway is deteriorating and will need to be reconstructed in the near future.

Commissioner Piepkorn said it will cost considerably more if it is decided in the future to reconstruct the turning lane. He said the majority of feedback was from the businesses in that area. The right hand turn does help traffic move, he stated.

Mr. Knakmuhs said eliminating the right hand turn, there will be an increase in delay; however, not to a degree that it impacts the level of service. He said he does expect calls once the project proceeds if the turn lane is not there; even though it has been discussed a lot publicly, he feels many people will be surprised by it.

City of Fargo Concurs with NDDOT for Bid Award of Improvement District No. BR-22-A2:
Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of 32nd Avenue South Project from 32nd to 22nd Street Improvement District No. BR-22-A2; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received June 10, 2022 for 32nd Avenue South Project from 32nd to 22nd Street Improvement District No. BR-22-A2 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for 32nd Avenue South Project from 32nd to 22nd Street Improvement District No. BR-22-A2 shows the bid of Dakota Underground Company of Fargo, North Dakota, in the sum of $19,964,185.80 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 in the sum of $19,964,185.80 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for 32nd Avenue South Project from 32nd to 22nd Street Improvement District No. BR-22-A2 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dakota Underground Company for the sum of $19,964,185.80, 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.

Commissioner Piepkorn moved the motion be amended to include the addition of the right hand turn lane in the project.
Mayor Mahoney relinquished the Chair) to second the motion (Deputy Mayor Piepkorn presiding).

Commissioner Preston said overall it will feel like a wider place to walk across.
Commissioner Strand said he did not hear from many with concerns about the turn lane, what he heard was to get the project done. He said perhaps it is OK to slow the traffic a bit.

On call of the roll on the motion to amend, Commissioners Piepkorn and Mahoney voted aye.
Commissioners Strand, Kolpack and Preston voted nay.
The motion died for lack of a majority.

On call of the roll on the original motion, Commissioners Preston, Kolpack, Strand and Mahoney voted aye.
Commissioner Piepkorn voted nay.
The Resolution was adopted.

Deputy Mayor Piepkorn returned the Chair. (Mayor Mahoney presiding)

Liaison Commissioner Assignments Approved:
The Board received a communication from Mayor Mahoney submitting the following recommendations for Liaison Commissioner assignments:

Kolpack
Departments: Communications & Governmental Affairs, Enterprise/Utilities, Fire.
Committees: Diversion Authority (alternate), Metro COG, Vector Control, Metro Area Transit Coordinating Board.
Staff Appointed Committees: Utility.
Board Liaison: Arts & Culture Commission, Fargo Youth Initiative, Human Rights, Red River Basin Board.

Preston
Departments: Health, Library, Planning.
Committees: Cass Clay Food Commission, Diversion Authority (alternate), Diversion Authority Land Management, Metro COG, Renaissance Zone Authority.
Staff Appointed Committees: Core Neighborhoods.
Board Liaison: Board of Adjustment, Board of Appeals, Board of Health, Civil Service Commission, Historic Preservation Commission, Library Board.

Mahoney
Departments: City Commission, DEI, Finance/Assessors, Human Resources, Police, Public Works.
Committees: Ambulance Service Oversight, Cass County Planning Commission, Community Development, Diversion Authority, Diversion Authority Finance, Economic Development Incentives, GFMEDC, Lake Agassiz Water Authority, Position Evaluation.
Staff Appointed Committees: Finance, Public Works Projects Evaluation, Utility.
Board Liaison: Police Advisory & Oversight Board.

Piepkorn
Departments: Engineering, FARGODOME, Inspections, Strategic Planning and Research.
Committees: Diversion Authority, Diversion Authority Finance, Economic Development Incentives, Fargo Dome Authority Finance, GFMEDC, Lake Agassiz Water Authority (alternate), Liquor Control, Metro COG, Position Evaluation, Renaissance Zone Authority.
Staff Appointed Committees: Finance.
Board Liaison: Auditorium Commission, Fargo Dome Authority, Red River Basin Board, Special Assessments Commission.

Strand
Departments: Facilities Management, Information Services, Transit/Mobility.
Committees: Community Development, Diversion Authority, Diversion Authority Public Outreach, Metro COG, Metro Area Transit Coordinating Board, Sustainability & Resiliency.
Staff Appointed Committees: Traffic Technical Advisory, Homelessness & Addiction.
Board Liaison: Airport Authority, Civil Service, Downtown Community Partnership/InFocus, House Moving Board, Housing Authority, Native American Commission.

Mayor Mahoney said it makes sense to have Commissioner Kolpack as the Liaison for the Communications & Governmental Affairs Department considering her background and he has assigned that to her. He said Commissioner Preston has a conflict attending the Metro Area Transit Coordinating Board meetings, so he would ask for another Commissioner to take that committee.

Commissioner Kolpack volunteered to be the liaison to the Metro Area Transit Coordinating Board.

Commissioner Piepkorn moved the recommendations submitted by Mayor Mahoney be approved as presented.

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

Update on the City Administrator Selection Process:
Mayor Mahoney said the City Administrator position is a critical selection and several of the Commissioners would like to be included in the selection process. He said initial discussion with Human Resources Director Jill Minette have been that it would be best to have only the Mayor in the initial selection and when the final three candidates are selected, present the candidates to all the Commissioners when they could meet and talk to them. He said keeping away from open meeting laws would help with the selection of good candidates due to it being difficult for candidates to come forward publicly early in the process. He said he shared a job description with the Commissioners and would ask them to forward suggestions to the Human Resources Department to add as recommendations.

Ms. Minette said a hiring manager model is typically used when posting and forming selection committees, and coordinating all aspects of the process, including the interview, job description, updates, posting the description, recruiting and selection of the committee itself. She said she has been meeting with the Mayor as the liaison to the Administration office and there has been discussion about engaging in an Executive Search Firm to assist in recruiting. She said they are in the process of receiving quotes to determine if they will move forward with that. One of the reasons to look at the committee formation, she said, is that if more than two Commissioners participate, those meetings are subject to open meeting requirements, which can be a deterrent to applicants early in the process if they are not ready to let their current employer know they have an interest in seeking another position.

In response to a question from Commissioner Preston asking if Commissioners would be able to look at applications, Ms. Minette said if Commissioners are actively involved, and that could be part of the selection process, that could create an open meeting requirement.

City Attorney Nancy Morris said Commissioners could not meet and discuss those candidates with each other or as a designated body for open meeting requirements. She will work with Ms. Minette every step of the way to assure compliance with open meeting and open record laws, she said.

Ms. Minette said when the stage of finalists is reached, that would become public information. She said the processes were rolled out a bit differently with the Police Chief position as the Board had collectively agreed to hold that as a public process. For the DEI Director, she said, staff was directed to form the committee and one Commissioner was selected to participate on that Selection Committee. She said it goes back to how the committee is formed to determine whether it is subject to public meetings or not.

Commissioner Strand said the Board directs and oversees the City Administrator and he does not want to sit in the background and see what is brought forward, he wants to have input upfront. Transparency in hiring this position will be beneficial, he said. He would recommend approaching the School District to ask how they approach school superintendent positions and he remembers as a School Board member being involved in every step of the process. This position is the City Administrator who oversees every Department head, and they need input too, he said. Things being discussed with future directions, such as a full-time Mayor, that could be a paradigm shift, he said, such as how a proposed full-time Mayor would interact with a full-time City Administrator. He wants input up front, he said.

Mayor Mahoney said he would suggest the HR Department work with the Commissioners to look at this again.

Commissioner Kolpack agreed and said she would appreciate some more time to see the options.

City of Fargo Health Insurance Coverage Assessment:
Commissioner Strand said there have been discussions annually about not having contraceptive coverage in the City’s health insurance program and the implications of having it or not having it. He said it is under the grandfathered plan so it is not required coverage. In light of Roe v Wade being dismantled by the US Supreme Court, he said, the Board is compelled to know the implications to the workforce, what will happen with coverages and are there gaps in services coming. He said he would ask if there is a desire for contraceptive coverage and he would like the City of Fargo Health Insurance Plan evaluated in light of the changing times. He said it is important for the public to know the City is paying attention to these issues. He said he would hope for an evaluation of the City’s health insurance coverages.

Human Resources Director Jill Minette said the City’s coverage is a fully insured plan offered through Blue Cross Blue Shield. She said It is a fully-insured grandfathered plan and when the City transitioned its coverage in 2018, it was modeled after the PERS plan in which oral contraceptives were not covered and that continued. She said the topic is reviewed each year in the renewal period, and it has been found that to jump to the next level comparable plan that includes oral contraceptives, it typically would have resulted in over 10% of premium increase on top of what has been a 15% increase. She said it becomes a question of what the City budget supports and what can employees enrolled in the plan support as far as premium increases. Typically an early estimate for budget purposes comes in July, she said; however, the renewal and more formal information comes in August or September.

Commissioner Kolpack commented, coming from the health insurance field most recently, that typically a change in benefits is a trigger to lose grandfathered status. She supports the annual review of benefits for employees, it is also one of the largest expenses citizens pay for as part of the general budget in support of personnel. Health insurance is both a retention component of any staff, she said, and there can be unintended consequences when changes to benefits are made to a grandfathered plan.

Report on Calls for Service from July 4th:
Commissioner Strand said he has heard comments that this year it sounded like a war zone on the 4th of July. He thought it would be a good conversation to hear whether there were problems and what PD saw that day for a sense of what happened in the City.

Police Chief David Zibolski said from July 1-6th the Department responded to 234 fireworks related calls, not unlike prior years. He said enforcement is often difficult as ND Century Code requires either an officer view the violation in order to enforce it, or in the event of a long-form referral, have a citizen complainant who can identify the person who did it and the PD is able to detain and confirm that identity and refer for prosecution. He said few of these cases are issued and normally are egregious cases. He said it is a difficult topic, global in sense and hard to enforce. There is a public safety aspect, he said, and he is not aware of any injuries.

Request to Have Reports on the Regular Agenda from Commissioners Regarding Portfolio Assignments to Include Boards and Committees on Which They May Serve:
Commissioner Strand said it is not uncommon for a Commissioner to be approached and told they are not all aware of what is happening in each other’s portfolios. He said there is a need for a mechanism to share assignments and if a Commissioner has something to share, they can update the others. He would like the Board to try this, he said, wrapping each meeting up by going around the table for updates from each other if there is something to share.

Commissioner Kolpack said she likes the idea and transparency needs to be continually focused on and talked about. She said as a recent candidate she received many questions regarding what departments and committees do and this would be an opportunity to help citizens and the City understand more about the City and how it works.

Commissioner Preston said she would agree.
Mayor Mahoney said it could be tried.

Lease of 80 Parking Stalls to the General Services Administration (GSA) Approved (Moved from the Consent Agenda):
Assistant Planning Director Mark Williams said this is a lease for 80 parking stalls, 50 at the Mercantile Parking Ramp and 30 at the RoCo Parking Ramp, that Interstate Parking has been working on with the General Service Administration (GSA), the property managers for the Federal government. He said it is an agreement that can go 20 years; however, it can be terminated by a 60-day notice. He said in 2015, the City contracted with Interstate Parking to manage the City’s parking facilities.
Paul Schnettler, Chief Operating Officer of Interstate Parking, said Interstate Parking manages the parking inventory for the City in such a way that there is always space available at peak times. He said since COVID-19, there has been an increase in available inventory and he does not see that changing much over the coming years with the increase in people working from home; therefore, he recommends approving the contract as a new source of revenue for the City and Interstate Parking. There is the protection of the 60-day cancellation if something unforeseen happens, he said, for example, if a new company moves Downtown and needs to buy more parking spaces. He said Interstate Parking has the technology and the knowledge to manage inventory in such a way where space is always available. He said for the past year, there have been 200 spaces available at peak time at the RoCo Parking Ramp.
Commissioner Strand said he remembers when the RoCo Parking Ramp opened, the intention was to make it available to the general public and then the Dillard Building opened and was connected to the RoCo Parking Ramp; therefore, he is curious about the impact on capacity and availability to citizens coming Downtown to shop, have lunch and so on. He said the City has the Mercantile Parking Ramp opening, which is a whole other access of available parking; however, the City lost the Island Park Ramp.
In response to a question from Commissioner Strand asking if the GSA contract will short-change the people's access to the parking ramps Downtown, Mr. Schnettler said he is comfortable with the contract. He said Interstate Parking operates in 14 cities and monitors parking availability and looks at utilization rates and there are a lot more residents coming into the downtowns and they are not there during the daytime; however, they park at night. There was a lot of discussion when the Dillard Building opened and they requested about 100 spaces, he said. He ran the numbers and compared them to other downtowns, he said, and recommended there was room for Dillard knowing that 60 percent of the people are going to rent a space and only 20 percent of those are going to be there during the daytime. He said he is seeing the same thing with the Downtown daytime parkers. He said they used to be there 80 percent of the time and it is a lot less now and a lot of them are in and out quite often; therefore, he does not see an impact at all. He said if something unforeseen happens, Interstate Parking did negotiate the 60-day cancellation with GSA.
In response to a question from Commissioner Strand asking who owns the parking ramps Downtown and who does the revenue go to, Mr. Williams said Block Nine is owned by the Block Nine Partnership, the Mercantile and RoCo Parking Ramps are owned by the City and the revenue comes to the City for the Parking Fund.
Commissioner Preston moved the lease of 80 parking stalls to the GSA be approved.

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

Update on the Officer Involved Incident from July 8, 2022:
Police Chief Zibolski gave an update on the critical incident that happened on July 8, 2022, which is being actively investigated by the ND Bureau of Criminal Investigation.

Commissioner Strand moved that the Board adjourn to 5:00 o’clock p.m., Monday, July 25, 2022.

Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:41 o’clock p.m.