Fargo City Commission - November 28, 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, November 28, 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: Fargo Cass Public Health Clinic offers free and confidential HIV counseling and World AIDS Day is December 1st; demolition has begun on an old warehouse at 419 4th Street North, which the City sold for redevelopment, and an adjacent building is being demolished for construction of a 114-unit apartment project; and a video highlighting the November 22nd tree lighting at Broadway Square was shown.

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

Minutes Approved:
Commissioner Kolpack moved that the Minutes of the Regular Meeting of the Board held on November 14, 2022 be approved as read.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.

Consent Agenda Approved:
Commissioner Preston moved the Consent Agenda be approved as follows:
1. Recommendation from the Economic Development Incentives Committee to appoint Jon Eisert to the ND Opportunity Fund Consortium.
2. 2nd reading and final adoption of an Ordinance rezoning Certain Parcels of Land Lying in Fitzsimonds Second Addition to the City of Fargo, Cass County, North Dakota.
3. Settlement Agreement and Release of All Claims with Rose Management, LLC.
4. Extension of all Vehicle for Hire Licenses until such time as the Ordinance Related to Vehicles for Hire, Article 25-04 has been updated, but no later than 2/28/23.
5. Extension of the Class “A-8” Alcoholic Beverage License for BFG, Inc. d/b/a Borrowed Bucks Roadhouse until 6/30/23.
6. Direct the City Attorney to prepare amendments to Fargo Municipal Code,
Article 25-15 – Alcoholic Beverages, relating to liquor license establishments.
7. Gaming Site Authorization for North Dakota Horse Park Foundation at the Boiler Room – Fargo.
8. Applications for Games of Chance:
a. Red River Valley Fraternal Order of Police for a raffle on 1/22/23.
b. Sigma Nu Fraternity for a raffle on 12/8/22.
c. Bison Dance Team for a raffle on 12/2/22.
d. Muskies, Inc. FM Chapter for a raffle on 2/9/23.
e. El Zagal Shrine Arab Patrol for a raffle on 3/10/23.
9. Piggyback Contract with AVI Systems, Inc. for the broadcast technology fit-up of the Police Department Headquarters Media Room expansion (PBC17110).
10. Change Order No. 2 in the amount of $7,855.00 and time extension to the substantial and final completion dates to 5/18/23 and 6/1/23 for Project
No. MP-20-A2.
11. Change Order No. 4 in the amount of $24,600.00 for Project No. UR-22-B1.
12. Negative Final Balancing Change Order No. 1 in the amount of -$16,068.63 for Project No. PR-22-A1.
13. Contract Amendment No. 4 with Houston Engineering in the amount of $160,000.00 for Project No. FM-19-C0.
14. Contract Amendment No. 5 with Houston Engineering in the amount of $33,000.00 for Project No. FM-19-B0.
15. Contract Amendment No. 5 with Houston Engineering in the amount of $42,654.50 for Project No. FM-19-F0.
16. Solicitation from the Department of Veteran’s Affairs for Fargo Cass Public Health’s Harm Reduction Division to provide triage services after hours for homeless Veterans.
17. Proposed Amendment to the 2022 HUD Action Plan for Community Development Block Grant (CDBG/HOME Investment Partnership Grant programming.
18. Resolutions Approving the following Plats:
a. Valley View 9th Addition.
b. Valley View 10th Addition.
c. Calico Prairie 3rd Addition.
19. Bid award to RDO Equipment in the amount of $382,750.00, with the addition of the premium circle package and quick service group for a total of $382,750.00, for the fleet expansion purchase of one motorgrader with wing (RFP23009).
20. Bid award to RDO Equipment in the amount of $348,750.00 for the replacement purchase of one motorgrader with wing (RFP23010).
21. Bid award to RDO Equipment in the amount of $217,075.00 for the replacement purchase of a wheel loader with plow (RFP23011).
22. Services Agreement Street Snow Plowing with Master Construction Company, Inc. for the 2022/2023 snow season (RFP22118).
23. Bid award to Carr’s Tree Service in the amount of $25,495.00 for AREA
Project 2; All-Terrain Grounds Maintenance in the amount of $53,940.00 for RAISE Project 1, 2 and 3; and Batement Tree and Lawn Care in the amount of $10,500.00 for RAISE Project 4 for winter pruning operations (RFP23006).
24. Applying for grant funding for the presented Transit Department requests and upon successful receipt of funds to approve the grant execution.
25. Amendment to Task Order No. 1 in the amount of $92,290.00 with Stantec Consulting Services, Inc. for Project No. SW22-01.
26. Change Orders No. 3 in the amount of $10,432.00 and No. 4 for a time extension to the substantial completion date of 12/23/22 for Project
No. SW22-01.
27. Sole Source Procurement with Suez Water Technologies and Solutions at an estimated cost of $330,000.00 for the purchase of 216 ultrafiltration modules (SSP22186).
28. Sole Source Procurement with Leopold at a proposal cost of $1,349,030.00 to purchase a filter underdrain system for Project No. WA2255 (SSP22115).
29. One year extension to the Electrical Services Agreement with Sun Electric, Inc. for the calendar year 2023.
30. Bills in the amount of $10,373,095.65.
Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Change Order No. 3 for a Time Extension for Improvement District No. BR-22-B1 Approved:
Commissioner Preston moved Change Order No. 3 for a time extension to the substantial and final completion dates to 10/19/22 and 11/18/22 for Improvement District No. BR-22-B1 be approved.
Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Negative Final Balancing Change Order No. 2 for Improvement District No. PR-21-F1 Approved:
Commissioner Preston moved Negative Final Balancing Change Order No. 2 in the amount of -$206,193.86 for Improvement District No. PR-21-F1 be approved.
Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Resident Comments:
Christopher Coen spoke about the Police Advisory and Oversight Board.

Government Relations and Legislative Advocacy Proposal from Effertz Law, PLLC Approved: Appointment of Terry Effertz as a Special Assistant City Attorney Approved:
The Board received a communication from Interim City Administrator Michael Redlinger stating that, in preparation for the 68th Legislative Assembly that will commence on January 3, 2023, the City noticed and advertised a Request for Qualifications (RFQ) process for Government Relations and Legislative Advocacy services. He said the City had previously conducted a competitive RFQ process in 2018 for these services. The City utilizes professional services based in Bismarck to support the City’s legislative and policy agenda, he said, and the approach pairs knowledgeable consultants working at the State Capitol with the expertise of the City’s elected officials and professional staff. One proposal was received, he said, submitted by Effertz Law, PLLC. He said Effertz, in partnership with Olson Effertz Lobbying and Consulting, LLC, proposes to provide legislative advocacy services to the City from December 1, 2022 through June 30, 2023 and the proposed engagement terms are consistent with the previous agreement the City maintained with Olson Effertz Lobbying and Consulting, LLC. He said in this new arrangement, the primary point of contact will be Terry Effertz, who will partner with John Olson, Kayla Effertz and other staff from Olson Effertz Lobbying and Consulting, LLC to provide service for the 2023 Legislative Session. He said John Olson is stepping back from his practice and government relations; however, he is still available through the Olson Effertz team. He said the reason for appointing Terry Effertz as a Special Assistant City Attorney is that North Dakota Century Code includes a provision that there must be a formal relationship for the expenditure of public funds.

Commissioner Kolpack said she is impressed with the three attorneys that will be the lead. John Olson has a reputation well known in Bismarck, she said, and the bench strength of the others in the firm includes expertise of others such as Pam Sharp, former Director of the North Dakota Office of Management and Budget.

Commissioner Kolpack moved the Government Relations and Legislative Advocacy proposal from Effertz Law, PLLC be approved and Terry Effertz be appointed as Special Assistant City Attorney to represent the City of Fargo.
Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Strand, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Thomas and Donna Schneider, 1945 East Rose Creek Parkway South (5 years).
b. Erica Johnson and Adrian Baldwin, 77 31st Avenue North (5 years).
c. Conner Riley and CE Homes LLC, 1128 5th Avenue South (5 years).
d. Linda Workin, 2379 20 1/2 Avenue South, Unit 8 (5 years).
e. Leroy and Lynn Olson, 2462 West Country Club Drive South (5 years).
f. Blaise Birchem and Chelsea Krause Birchem, 301 27th Avenue North (5 years).
g. Aimee Strand, 2718 18th Avenue South (5 years).
h. Anita Hamm, 1425 13th Avenue South (5 years).
i. Kent and Jennifer Ritterman, 147 Eagle Street North (5 years).
j. Luke and Kathryn Swenson, 1613 9th Street South (5 years).
k. Catlin Solum, 1017 15th Street South (5 years).
l. Jeff Furstenau and Pamela Sunna, 2843 27th Street South (5 years).
m. Savvy Maverick LLC, 1016 5th Street South (5 years).
n. Devan and Courtney Schuler, 2326 26 1/2 Avenue South (5 years).
o. Emily O’Meara and Cole Mehring, 92 35th Avenue Northeast (5 years).
p. Joshua and Johanna Gross, 1302 1st Street North (5 years).
q. Heidi Sand, 81 23rd Avenue North (5 years).
Commissioner Piepkorn moved the applications be approved.

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

Appointments to the Fargo Housing and Redevelopment Authority:
The Board received a communication from Mayor Mahoney stating that Bryce Alme Johnson has resigned her position on the Fargo Housing and Redevelopment Authority effective immediately and he recommends the appointment of Chris Larson to fill her unexpired term ending September 30, 2024. He said the term of Tonna Horsley expired on September 30, 2022 and he recommends Salma Ahmed be appointed as the resident member for a term ending September 30, 2025 and the reappointment of Michael Leier.

Commissioner Strand said there was a number of good candidates. He said his sense from the Board is that there may be discussions to expand the size of the Board and have more community voices, which he would welcome.

Commissioner Strand moved that Chris Larson be appointed to fill the unexpired term of Bryce Alme Johnson to the Housing and Redevelopment Authority for a term ending September 30, 2024, and Salma Ahmed be appointed to a
three-year term ending September 30, 2025 and Michael Leier be reappointed to a three-year term ending September 30, 2025.

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

Dangerous Building Removal Date for Property Located at 812 7th Street North Extended 180 Days:
The Board received a communication from Inspections Director Shawn Ouradnik stating the property at 812 7th Street North was declared a Dangerous Building at the October 31, 2022 Regular Meeting and the removal of the structure was to be done by December 30, 2022. He said after that date, the property was sold at public auction to Brian Trauman who plans to repair the home. He said he recommends the extension of the deadline of December 30, 2022 by 180 days to allow Mr. Trauman time to cure the property.

Commissioner Piepkorn moved to direct the City Attorney to amend the Facts and Findings for the Dangerous Building removal date to reflect an extension of 180 days from the December 30, 2022 deadline to June 28, 2023.

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

Resolution in Support of the 2022 Fargo-Moorhead Metropolitan Bicycle and Pedestrian Plan Adopted:
Dan Farnsworth, Metro COG, shared a presentation outlining the final draft of the Fargo-Moorhead Metropolitan Bicycle and Pedestrian Plan update. He said the Plan was guided by a 23-member Study Review Committee with representation from local jurisdictions, parks departments, local health agencies, citizens and more. He said public engagement was held twice throughout the Plan’s development. He said every five years Metro COG updates the Plan and looks at current conditions, recommends improvements to the bicycle and pedestrian network and new facilities. He said they also look at policy and program improvements to make the community more bikeable and walkable. He pointed out that 6.1% of occupied housing units in Cass County do not own vehicles. He shared a map of the recommended improvements and existing facilities and design guidelines. He said there are some wonderful future opportunities to connect regional trails to the FM Diversion and the Heartland Trail in Minnesota. He said there have been conversations about the possibility of connecting a river trail north from the El Zagal area and behind the VA, which would be a wonderful amenity if they can make it happen.

In response to a question from Commissioner Preston about policy implication assessments, Mr. Farnsworth said evaluations would be part of the next iteration in five years; however, consideration could be done to have it every year.

In response to a question from Commissioner Strand asking about the legalities of scooters and e-bikes, Mr. Farnsworth said work was done to legalize electric bicycles in North Dakota. As far as other micromobility, such as scooters, jurisdictions may need to tweak policies so they would be legal on the streets.

Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The Fargo City Commission is the duly elected governing body responsible for the planning and development of safe and functional transportation systems including bicycle and pedestrian facilities; and
WHEREAS, The Fargo-Moorhead Metropolitan Council of Governments, as the metropolitan planning organization designated by the Governors of North Dakota and Minnesota to maintain the metropolitan area's transportation planning process in accordance with federal regulations; and
WHEREAS, The Fargo-Moorhead Metropolitan Council of Governments has undertaken the task of developing the 2022 Fargo-Moorhead Metropolitan Bicycle and Pedestrian Plan, which is a vital element of the planning process, and which makes transportation-related bicycle and pedestrian needs eligible for future federal funding; and
WHEREAS, The 2022 Fargo-Moorhead Metropolitan Bicycle and Pedestrian Plan was directed by the Metropolitan Bicycle and Pedestrian Committee comprised of a wide cross section of bicycle and pedestrian interest groups including park district representatives, law enforcement, technical city, county and state staff, citizens and other applicable agencies/organizations; and
WHEREAS, The public was invited, encouraged and involved in this Plan's preparation in full compliance with Metro COG's Public Participation Plan; and
WHEREAS, The 2022 Fargo-Moorhead Metropolitan Bicycle and Pedestrian Plan seeks to enhance the Fargo-Moorhead Metropolitan Area's bicycle and pedestrian environment so as to increase mobility, health, safety, equity and the quality of life for all citizens.
NOW, THEREFORE BE IT RESOLVED, That the Fargo City Commission does hereby adopt the 2022 Fargo-Moorhead Metropolitan Bicycle and Pedestrian Plan and agrees to use it as a tool to implement area bicycle and pedestrian goals and objectives which will complement the overall development of the area's transportation system.

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

Application Filed by You Golf LLC d/b/a DogLeg North Lounge and Indoor Golf for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by You Golf LLC d/b/a DogLeg North Lounge and Indoor Golf for a Class "CW" Alcoholic Beverage License at 2700 Broadway, notice of which had been duly published in the official newspaper for the City of Fargo.
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.
Police Chief David Zibolski said this is for a beer/wine license with bar, no food sales requirement type license. He said there were no issues in the investigation.

Commissioner Piepkorn moved the application be approved.

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

Application Filed by 4 Star Group, LLC d/b/a Himalayan Yak for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by 4 Star Group, LLC d/b/a Himalayan Yak for a Class "GH" Alcoholic Beverage License at 1109 38th Street South, notice of which had been duly published in the official newspaper for the City of Fargo.
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.

Commissioner Piepkorn moved the application be approved.

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

Application Filed by Packet Digital, LLC for a Five-Year Property Tax Exemption Approved:
A Hearing had been set for this day and hour on an application filed by Packet Digital, LLC for a 5-year property tax exemption for a project at 704 38th Street North where the applicant will provide battery management systems for drones and space vehicles.
No written protests have been filed for the attention of the Board.
The Board determined that no person is present at this Hearing to protest or offer objection thereto.

Director of Strategic Planning and Research Jim Gilmour said the request is for the applicant to acquire and make improvements to a building in the Industrial Park. He said Packet Digital, LLC was before the Board a couple years ago when they relocated to South University and that will remain their headquarters. He said they were granted a five-year property tax exemption on that building and in less than two years they have already met the job goals. He said the new building is valued at $872,000.00 and the property tax savings will be about $12,000.00 per year.

Ryan Aasheim, Greater Fargo Moorhead Economic Development Corporation, said this has been a design engineering company and now they are taking that innovation and commercializing it, which requires production capacity. He said they are essentially tripling their footprint with this expansion. They have attracted the attention of companies such as Lockheed Martin and the Air Force research lab, he said, and those companies require a lot of production capability and equipment. He said they are adding good paying jobs, bringing wealth to the economy, diversifying and bringing defense contracting capabilities into the local market.

Terri Zimmerman, CEO of Packet Digital, said the company has an emphasis on power management. She said they have 15 patents in power management, 13 awarded and two pending. They build battery packs and charging systems, she said, and have many embedded software programmers and hire a lot of electrical engineers. They do everything from electric race cars and electric aviation and now are moving into next generation space vehicles. They have done design work in Fargo and outsourced a lot of production work and manufacturing, she said, and now decided to bring some of the manufacturing in-house. She described some of their projects with Lockheed Martin, Anduril, for electric race cars, Air Force suppliers and the Navy. She said they propose a $1.6 million building purchase with an additional $1.5 million in improvements for U.S. electronics assembly and manufacturing, creating high paying tech jobs in Fargo. In the past 12 months the engineering team has grown from 19 to 33, she said, and they conservatively predict growing from 33 to 70 in 5 years with an average annual salary expected to grow up to $90,000.00 and annual payroll exceeding $6 million.

Christopher Coen said in the past, the question has often been asked about whether applicants would proceed without the tax exemption, which was a good question to ask. He said it is not clear to him why they need an exemption.

Commissioner Piepkorn moved that the application filed by Packet Digital, LLC for a 5-year, 100% property tax exemption, pursuant to Chapter 40-57.1, NDCC be approved.

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

Discussion about Diversity Equity and Inclusion Expectations:
Wess Philome said he has dedicated more than two years to create change in Fargo. He said he feels there has been a lack of identifiable change and direction since the hiring of a DEI (Diversity Equity and Inclusion) Director in 2021. Data for City government shows 1,591 employees, he said, with only 17 of them identifying as black, which is a smaller percentage than the City as a whole. He said he intends to continue to update the Board on how the City is doing on diversifying its staff and he encouraged the Commissioners to take a more active role. He said the community deserves better representation and service.

Commissioner Strand agreed that it is important to get a diverse applicant pool. He said the DEI position is new and it is a growing process.

Commissioner Preston said she has had concerns on how to diversify the workforce and she intends to ask for a report as a future agenda item.

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

Commissioner Preston moved that the Board adjourn to 5:00 o’clock p.m., Monday, December 12, 2022.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:06 o’clock p.m.