Fargo City Commission - May 16, 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, May 16, 2022.
The Commissioners present or absent were as shown following:
Present: Gehrig, Piepkorn, Preston (via conference call), Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: Fargo and West Fargo Fire Departments started a 10-week Fire Academy today; Fargo Cass Public Health encourages owners of massage therapy establishments in Fargo to begin licensing procedures; National Women’s Health Week is a time when women are encouraged to make their health a priority; Carlson Library is having a Spring Plant Swap May 23rd; the Downtown Library’s weekly Tech Help service continues Wednesdays from 3 to 6 p.m.; the 3rd Annual Police Academy launched today with 27 new recruits; the Mayor proclaimed today Dean Bresciani Day as this is his last day after serving 12 years as President at NDSU; a video was viewed featuring FCPH Health employees talking about why they devote their careers to public health.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved.
Second by Strand. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Gehrig moved that the Minutes of the Regular Meeting of the Board held on May 2, 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. Addendum to Promissory Note PACE Program, Interest Buydown Agreement, Escrow Agreement and Community PACE Interest Buydown Authorization with LINCHPIN Group LLC.

2. 1st reading of the following Ordinances:
a. Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.
b. An Ordinance Repealing and Re-enacting Article 21-01 of Chapter 21 of the Fargo Municipal Code Relating to the International Building Code.
c. An Ordinance Repealing and Re-enacting Article 21.1-01 of Chapter 21.1 of the Fargo Municipal Code Relating to the International Residential Code.
d. An Ordinance Repealing and Re-enacting Article 21.2-01 of Chapter 21.2 of the Fargo Municipal Code Relating to the International Existing Building Code.
e. An Ordinance Repealing and Re-enacting Section 30-0106 of Article 30-01 of Chapter 30 of the Fargo Municipal Code Relating to the International Mechanical Code.
f. An Ordinance Repealing and Re-enacting Article 30.1-01 of Chapter 30.1 of the Fargo Municipal Code Relating to the International Fuel Gas Code.
g. An Ordinance Repealing and Re-enacting Article 31-01 of Chapter 31 of the Fargo Municipal Code Relating to the International Property Maintenance Code.
h. An Ordinance Repealing and Re-enacting Chapter 21.3 of the Fargo Municipal Code Relating to the International Energy Conservation Code.
i. An Ordinance Repealing and Re-enacting Sections 9-0701 and 9-0704 of Article 9-07 of Chapter 9 of the Fargo Municipal Code Relating to Fire Protection and Prevention.
j. An Ordinance Amending Section 7-0302 of Article 7-03 of Chapter 7 of the Fargo Municipal Code Relating to Civil Service-Rules and Regulations.

3. Site Authorizations for Games of Chance:
a. Horse Race North Dakota at Edgewood Tavern.
b. Horse Race North Dakota at Chub’s Pub.
c. Horse Race North Dakota at Sidestreet Grille and Pub.
d. Horse Race North Dakota at Sickies Garage – Fargo.
e. Horse Race North Dakota at Labby’s Bar & Grill.
f. American Gold Gymnastics, Inc. at Drumconrath Brewing Co.
g. American Gold Gymnastics, Inc. at The Box.
h. Prairie Public Broadcasting, Inc. at Dempsey’s.
i. Prairie Public Broadcasting, Inc. at Slammer’s Sports Bar & Grill.
j. Prairie Public Broadcasting, Inc. at Pepper’s.
k. Prairie Public Broadcasting, Inc. at Tailgator’s.
l. Prairie Public Broadcasting, Inc. at Bison Turf.
m. Fargo Post 2 Baseball Club at Herds and Horns.
n. Team Maker’s Club, Inc. at Legends Sports Bar & Grill.
o. Team Maker’s Club, Inc. at FARGODOME.
p. Team Maker’s Club, Inc. at Sanford Health Athletic Complex – Scheel’s Arena.
q. Team Maker’s Club, Inc. at Lucky’s 13 Pub.
r. Team Maker’s Club, Inc. at Holiday Inn.
s. Team Maker’s Club, Inc. at King Pinz.
t. Team Maker’s Club, Inc. at Frank’s Lounge.
u. Northern Prairie Performing Arts at the Windbreak Lounge.
v. Northern Prairie Performing Arts at SouthTown PourHouse – Fargo.

4. Applications for Games of Chance:
a. Dare 2 Stand Out for a raffle on 9/10/22.
b. Provost Guard for a raffle on 9/8/22.
c. FM AM Rotary for a sports pool from 9/1/22 to 2/15/23.

5. Modification to the language in the Gambling Requirements under Requirement No. 1.

6. Independent Auditor’s Report and the City’s Annual Comprehensive Financial Report for the year ending 12/31/20.

7. Contract Amendment No. 2 with Houston Engineering in the amount of $465,000.00 for Project No. FP-19-A0.

8. Contract Amendment No. 3 with Houston Engineering in the amount of $37,000.00 for Project No. FM-19-C0.

9. Memorandum of Understanding Regarding Excavation of Southwest Metro Regional Pond (Project No. FP-19-A4).

10. Permanent Easement (Levee and Retaining Wall for Flood Control), Permanent Easement (Storm Sewer), Easement (Temporary Construction Easement) with Paul J. and Ann L. Jarvis (Project No. FM-19-C).

11. Bid award to Key Contracting in the amount of $7,372,149.46 for General Construction for Project No. FM-22-C2 and to Rick Electric in the amount of $427,000.00 for Electrical Construction Contract for Project No. FM-22-C3 (Bid Nos. FM-22-C2 and FM-22-C3 replace FM-22-C1).

12. Energy Conservation Program Grant Agreement with the North Dakota Department of Commerce.

13. Receive and file General Fund – Budget to Actual through April 2022 (unaudited).

14. Bid award to Northern Truck Equipment in the amount of $31,825.00 for one anti-ice skid (RFP22080).

15. Bid award to Northwest Iron Fireman, Inc. in the amount of $28,908.00 for boilers and to SVL for AHU/Condensing Unit/VAV in the amount of $86,220.00 for HVAC Mechanical Equipment package – Public Works (RFP22074).

16. Seventh Amendment to Lease of Rights to Sewer System between City of Fargo and City of Harwood.

17. ND Department of Transportation Sections 5339 and 5310 Transit Grant Agreements (CFDA #s 20.526 and 20.513).

18. Change of the Drought Phase to Phase 1 (Normal).

19. Request for Proposals to procure Granular Activated Carbon filter media for a rehabilitation project at the Lime Softening Water Treatment Plant.

20. Contract and bond for Project No. SL-22-A1 and TN-22-B1.

21. Bills in the amount of $6,015,714.91.

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

Amendment No. 3 with Apex Engineering Group for Improvement District No. BR-22-A0:
The Board received a Report of Action from the Public Works Projects Evaluation Committee recommending Amendment No. 3 with Apex Engineering Group in the amount of $99,982.00 be approved for additional items not included in the additional scope of work for Improvement District No. BR-22-A0.

Commissioner Strand moved Amendment No. 3 with Apex Engineering Group in the amount of $99,892.00 for Improvement District No. BR-22-A0 be approved.

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

Temporary Road Access Easement with SV Investments, LLC and West Willowwood Apartments Fargo, LLC Approved (Improvement District No. PR-22-G1):
The Board received a communication from Land Acquisition Specialist Shawn Bullinger requesting approval of a temporary road access easement related to Improvement District No. PR-22-G1.

Commissioner Strand moved the Temporary Road Access Easement with SV Investments, LLC and West Willowwood Apartments Fargo, LLC in association with Improvement District No. PR-22-G1 be approved.

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

No Protests Received for New Paving and Utility Construction Improvement District No. BN-22-L1:
The Statutory Resolution of Necessity for the construction of New Paving and Utility Construction Improvement District No. BN-22-L1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on April 13 and 20, 2022 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-L1.

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

Bids Received for New Paving and Utility Construction Improvement District No. BN-22-L1:
The bids for New Paving and Utility Construction Improvement District No. BN-22-L1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m.,
May 11, 2022 and the bids were found to be as follows:

Master Construction Company, Inc. Fargo, ND
Bid: $1,249,304.50

Dakota Underground Company Fargo, ND
Bid: $1,399,080.95

Contract for New Paving and Utility Construction Improvement District No. BN-22-L1 Awarded to Master Construction Company, Inc. in the Amount of $1,249,304.50:
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-L1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 11, 2022 for New Paving and Utility Construction Improvement District No. BN-22-L1 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-L1 shows the bid of Master Construction Company, Inc. of Fargo, North Dakota, in the sum of $1,249,304.50 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 Master Construction Company, Inc. in the sum of $1,249,304.50 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-L1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Master Construction Company, Inc. for the sum of $1,249,304.50, 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 Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Strand, Gehrig, Piepkorn, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

No Protests Received for Asphalt Wear Course Improvement District No. PN-22-A1:
The Statutory Resolution of Necessity for the construction of Asphalt Wear Course Improvement District No. PN-22-A1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on April 13 and 20, 2022 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 Asphalt Wear Course Improvement District No.
PN-22-A1.

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

Bids Received for Asphalt Wear Course Improvement District No. PN-22-A1:
The bids for Asphalt Wear Course Improvement District No. PN-22-A1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., May 11, 2022 and the bids were found to be as follows:

Border States Paving, Inc. Fargo, ND
Bid: $2,380,780.30

Northern Improvement Company Fargo, ND
Bid: $2,439,736.25

FM Asphalt, LLC Moorhead, MN
Bid: $2,559,492.00

Central Specialties, Inc. Alexandria, MN
Bid: $2,639,646.90

Contract for Asphalt Wear Course Improvement District No. PN-22-A1 Awarded to Border States Paving, Inc. in the Amount of $2,380,780.30:
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 Asphalt Wear Course Improvement District No. PN-22-A1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 11, 2022 for Asphalt Wear Course Improvement District No. PN-22-A1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Asphalt Wear Course Improvement District No. PN-22-A1 shows the bid of Border States Paving, Inc. of Fargo, North Dakota in the sum of $2,380,780.30 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 Border States Paving, Inc. in the sum of $2,380,780.30 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Asphalt Wear Course Improvement District No. PN-22-A1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Border States Paving, Inc. for the sum of $2,380,780.30, 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.

Contract for New Paving and Utility Construction Improvement District No. BN-22-K1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and Dakota Underground Company for New Paving and Utility Construction Improvement District No. BN-22-K1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for New Paving and Utility Construction Improvement District No. BN-22-K1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
United Fire and Casualty Company, in the amount of $2,097,075.87, for New Paving and Utility Construction Improvement District No. BN-22-K1 in the City of Fargo, North Dakota.

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

Contract for Concrete Paving Rehab/Reconstruction Improvement District No. PR-22-C1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and Dakota Underground Company for Concrete Paving Rehab/Reconstruction Improvement District No. PR-22-C1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for Concrete Paving Rehab/Reconstruction Improvement District No. PR-22-C1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
United Fire and Casualty Company, in the amount of $4,514,105.70, for Concrete Paving Rehab/Reconstruction Improvement District No. PR-22-C1 in the City of Fargo, North Dakota.

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

Resident Comments:
Branden Krieger spoke about incentives and follow-up.

Establishment of a Street Racing Task Force Failed for the Lack of a Majority:
The Board received a communication from Commissioner Preston stating a Town Hall meeting was held May 5th with about 50 Fargo residents attending who live in areas of town affected by street racing, including North University Drive, 19th Avenue North, 10th Street North, South University Drive, 25th Street South, 52nd Avenue South and other areas such as Rose Creek and Oak Creek. She said there have been numerous complaints about speeding, racing and the noise associated with it and concern was expressed about property values declining and a few even talked about moving out neighborhoods due to the disturbances. Suggested solutions included roadway changes, providing another outlet for racing, stoplight changes and community involvement. She said she is proposing a Task Force of 7 to 11 people be appointed with membership from impacted residents, business owners, the Police Department and the Engineering Department with Assistant City Administrator Michael Redlinger serving as the chair. She said the Task Force would be charged with becoming educated on the topic and the impact of street racing and the noise generated by it on local residents; researching solutions used by other cities and in other countries; identifying state and local law changes or enhancements that would assist in addressing the issue; identifying how the community can assist in addressing the problem; developing strategies for City Commission adoption, which will address the issues of street racing and the nuisance noise it generates. She said the task force would meet four to six times over a 6-month period to accomplish its work, which will require staff support for the meetings.

Commissioner Piepkorn suggested the topic be delayed until after the June election as there will be one new member for certain, and there could be as many as three, and a newly formed Commission would be better able to address it. He said it seems there are so many committees advising the police.

In response to a question from Commissioner Gehrig asking what changes have been put in place since the public outcry, Chief Zibolski said there was an in-depth presentation at the Town Hall meeting about what is being done both short and long term. Some directive patrol missions are created to enforce speed violations, he said; however, one issue is that one out of 55 traffic stops fail to stop for officers. He said they do not typically stop those who flee traffic violations. He said they have some legislative proposals to increase penalties for fleeing and for owner responsibility, making the owner of a registered vehicle responsible. Work is being done with partners across the region, he said, to add some aerial surveillance and other partner collaborations for enforcement. Beginning last year, he said, the motorcycles and operators were recertified to be out and he feels much is being done in the short term. In the long term, he said, the bona fide traffic safety unit needs to come back with staffing.

Commissioner Gehrig said it is known where extra patrol is needed. Short term changes have been made and long term goals are in place, he said, and if a task force takes six months, it will be winter and the point will be moot. He said he feels the new tactics by the police need to be given some time. He said there have been numerous task force groups and often positive outcomes have not been seen and there are things that can be done immediately. He said he does not favor another task force to give the appearance something is being done.

In response to a question from Commissioner Gehrig asking if a driver goes triple the speed limit, do they only get a speeding ticket, Chief Zibolski said it would be a reckless driving citation.

Commissioner Preston said the community has concerns and recognizes they are part of the solution and this will require something more than law enforcement. She said some of these street racers are probably living at home. The task force will be short term, she stated, and will give the community an opportunity to feel like their solutions are being heard.

Commissioner Preston moved to establish a Street Racing Task Force and to direct the Assistant City Administrator to appoint membership to the Task Force.

Second by Strand. On call of the roll Commissioners Preston and Strand voted aye.
Commissioners Piepkorn, Gehrig and Mahoney voted nay.
The motion was declared lost for the lack of a majority.

Parcels of Land in Maplewood Estates Second Addition Rezoned and a Planned Unit Development Master Land Use Plan Approved (5800 and 5820 38th Street South):
At a Hearing held on October 5, 2021, the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development Overlay and Planned Unit Development Master Land Use Plan.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Current Planning Coordinator Donald Kress said the project proposes a maximum of 200 dwelling units on the 5.63 acre lot, a long narrow piece along 38th Street South. It includes a zone change, a subdivision plat that would create one lot out of two, and a Planned Unit Development Master Plan which modifies some aspects of the MR-3 zoning.

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 Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Preston, Piepkorn, Gehrig, Strand 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 Maplewood Estates Second 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 Maplewood Estates Second Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Maplewood Estates Second Addition:
Commissioner Preston offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Maplewood Estates Second Addition” containing 1 Lot, 1 Block and 5.79 acres of land more or less, located at 5800 and 5820 38th Street South; and
WHEREAS, A Hearing was held October 5, 2021 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on May 4 and 11, 2022 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., May 16, 2022 at which time said Plat would be considered and all interested persons would be heard.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “Maplewood Estates Second Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Appointments to the Economic Development Incentives Committee Approved:
The Board received a communication from Mayor Mahoney stating the City Commission approved a change to the former Tax Exempt Review Committee, adding two additional members of the public. The recommendation from Commissioner Dave Piepkorn is the appointment of Jonathan Eisert and Scott Beaulier to the Committee.

Commissioner Piepkorn moved Jonathan Eisert and Scott Beaulier be appointed to the Economic Development Incentives Committee.

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

Update on the Roers/Newman Center Project:
Assistant City Administrator Michael Redlinger said a meeting was held with Roers Development on May 9th and a meeting was held with the Roosevelt Neighborhood Association representatives on May 10th. On May 13th, he said, a proposal was received from Attorney John Boulger, representing Roers Development in this matter, and that proposal will be discussed in a future Executive Session.

Director of Strategic Planning Jim Gilmour shared the approved plan for the development, noting the area where the townhomes in question are to be built. He shared slides showing the property about three weeks ago and one taken today showing there has been clean-up done on the site.

Assistant City Attorney Ian McLean said the Attorney’s office is in receipt of the proposal and their position is that an Executive Session should be held to discuss the negotiations.

Commissioner Gehrig asked that the Executive Session be scheduled on the next meeting date. He said he does not have many meetings left and he would like to see the outcome.

Police Department Directed to Work with Engineering and the City Attorney to Present Revised Ordinances Regarding Designated Downtown Cab and RideShare Pick-up Areas:
The Board received a communication from Police Chief David Zibolski stating in December 2021, he initiated a meeting with representatives of the Downtown Community Partnership and many Downtown business owners to discuss Downtown safety, specifically at bar close times. Through collaboration, he said, the group supports establishment of designated cab and ride share pick-up areas for the purpose of dispersing crowds, which congregate in and around bars at bar closing and in an effort to make sober rides more available to bar patrons. He said members of the Police Department have met with representatives of Lyft, Uber and Doyle Cab Company to receive input on how they could help the City reach its goal. Lyft and Uber have agreed to geofencing specific areas in Downtown Fargo for the purpose of limiting where those requesting a ride could be picked up, he said, and Doyle Cab has offered cooperation with the Police Department as it works through this complex plan. He said members of the Police Department have met with Engineering and the City Attorney and have a tentative plan for change to the current City Parking Ordinance to allow for the proposed designated pick-up areas. He said the plan includes: modifying the Parking Ordinance to allow for designated pick-up areas at specific times; timeframe of parking restriction for designated areas would be Thursday night through Sunday morning, 10 p.m. to 3 a.m.; parking restrictions would only apply to the area within the western boundary of 7th Street North, the northern boundary of 7th Avenue North, the eastern boundary of 5th Street North and the southern boundary of the north side of Main Avenue; there will be multiple areas designated for pick-up within the boundaries; the Ordinance would only regulate cab and ride share pick-up and not drop off; and after implementation of the Ordinance change, pick-up locations could be added or removed from the proposed area by Resolution.

Police Lt. Bill Ahlfeldt said meetings have been held with the business partners Downtown to talk about safety issues on Broadway at bar close; specifically large crowds that form and traffic congestion. He said the proposed designated pick-up areas would be for cabs and rideshares to disperse people and allow more efficient pick-up of people to get them home. He said there has been collaboration with Uber and Lyft about geofencing and with the City Attorney’s office regarding the feasibility and possible ordinance change and with the City Engineering department about the logistics, signage and markings. He showed a map of the locations proposed based on the data gathered. It is not drop offs they are proposing to regulate, he said, it is pick-ups and they took care not to place them near residential areas. The new Ordinance would be in effect from 10 p.m. to 3 a.m. Thursday through Sunday morning, he said, and only affect pick-ups. There would be identified areas for cabs and ride share; cabs would be allowed to park and ride share would only be allowed to pick up, he stated.

In response to a question from Commissioner Gehrig asking what drawbacks were considered, Lt. Ahlfeldt said they did not see many; however, it could draw some people away from businesses on Broadway.

Commissioner Gehrig said the City was told by the State in 2016 that it was not allowed to regulate ride shares. He said there could be other problems associated with moving large groups of people to areas other than outside the bars, affecting other residents or businesses. He said it seems this is not fixing a problem but moving it. The people serving the alcohol do not have to deal with the downsides of the people when they leave their establishment. Ride shares have done a lot as far as curbing things like DUIs and he said his fear is that this could harm them by causing confusion and enforcement problems, harming their business. He said the downsides need to be considered along with the upsides.

Lt. Ahlfeldt said this would concentrate some of the late night activity to just a few areas of the Downtown. This is to regulate parking, he said, not ride share activity.

Chief Zibolsky said it is not that they are attempting to move a problem, it is to help people who want to get out of a very congested area at bar close. Now the Lyft, Uber and cabs cannot get close enough to the bar to pick people up who want to leave, he said, they get stuck in the congestion. This takes people away from the crowds to a safe lighted area to be able to get out after bar close, he said, and Lyft and Uber have voluntarily agreed to work with this. It will be monitored, he said, and the Commission can change the locations at any time or end the program. Another thought, he said, is that they would like to see the food carts moved to these areas as well.

Assistant City Attorney William Wischer said there is a Century Code section that talks about regulation of transportation network company (TNC) drivers with language that a political subdivision may not impose a tax or require a license for a TNC company or a TNC driver or subject the TNC to a rate entry operational or other requirements. City Ordinance Article 8 has parking regulations, he said, and to focus on the parking and keeping it general appears to be okay.

Commissioner Gehrig said he understands what is being attempted; however, he does not agree with it. It is a creative solution to the problem as long as the downfalls are understood, he said, and he cautioned that when stating the Downtown businesses agree, it is not all the businesses, or that the TNCs agree, it is not all the drivers that agree.

Commissioner Strand said he has concerns about ADA and requiring someone with disabilities to go a distance. He said he is not convinced whether this is a solution or not.

Lt. Ahlfeldt said the disability issues can be researched. He said the proposal is not a final, this will be run by the businesses again before the final plan.

Commissioner Piepkorn said this would need to be seasonal. He said in the winter with ice, snow and cold temperatures, people will not walk a few blocks.

Lt. Ahlfeldt said people are disbursing anyway in the winter because they are not allowed to stand inside. He said if an area where cabs can congregate can be created or a ride can pick-up, riders would not stand outside as long.

Commissioner Preston said it sounds like it has been researched with the right people brought to the table and she feels this idea should be tried.

Commissioner Preston moved to direct the Police Department to work with Engineering and the City Attorney to present revised Ordinances regarding designated Downtown cab and rideshare pick-up areas.

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

Bid Advertisement for Project No. FM-22-B Approved:
Mayor Mahoney said bid advertisements for projects are usually listed in the Consent Agenda; however, due to the fact that this was a late addition, it had to be added to the end of the Regular Agenda.

Commissioner Strand moved the bid advertisement for Project No. FM-22-B be approved.

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

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Tuesday, May 31, 2022.
Second by Strand. All the Commissioners voted aye and the motion was declared carried.

The time at adjournment was 5:43 o’clock p.m.