Board of City Commissioners - September 6, 2022

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 5:00 o'clock p.m., Tuesday, September 6, 2022.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

Order of Agenda Approved:
Commissioner Strand moved the Order of the Agenda be approved, moving Item No. 36 from the Consent Agenda to the Regular Agenda and to include an Opioid Overdose Update with Item No. 43.
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 August 22, 2022 and the Special Meeting held on August 31, 2022 be approved as read.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.

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

1. 2nd reading and final adoption of the following Ordinances; 1st reading, 8/22/22:
a. Rezoning a Certain Parcel of Land Lying in West Acres Seventh Addition to the City of Fargo, Cass County, North Dakota.
b. Rezoning Certain Parcels of Land Lying in Simonson Companies Second Addition to the City of Fargo, Cass County, North Dakota.

2. Findings of Fact and Order, and Order for property at 437 23rd Street South.

3. Concur with the findings of staff and the Liquor Control Board and apply the Penalty Matrix to the following:
a. Izumi Sushi and Hibachi ($750.00 fine, second failure).
b. Plaza Azteca ($750.00 fine, second failure).
c. Tailgators ($500.00 fine, first failure).
d. Blaze Pizza ($500.00 fine, first failure).
e. Old Broadway ($500.00 fine, first failure).
f. Pho D’Licious ($500.00 fine, first failure).

4. Applications for Games of Chance:
a. FM Walleyes Unlimited, Inc. for a raffle on 2/16/23.
b. Jeremiah Program Fargo-Moorhead for a raffle on 11/2/22.
c. Tricia Eback Benefit Fund for a raffle on 11/12/22; Public Spirited Resolution.
d. Kappa Psi Professional Fraternity of NDSU for a raffle on 9/23/22.
e. NDSU Foundation for a raffle and raffle board on 10/1/22.
f. ND Academy of Nutrition and Dietetics for a raffle on 11/1/22; Public Spirited Resolution.
g. Independent Insurance Agents of North Dakota for a raffle on 9/7/22; Public Spirited Resolution.
h. Fargo Public Schools for a raffle on 10/10/22.

5. Letter of Support for Vetter Dental.

6. Contract and bond for Project No. SR-22-C1.

7. Final Balancing Change Order No. 2 in the amount of $0.00 for Project No. FM-19-A4.

8. Consent to Construction with Lachowitzer Investments LLC (Matt’s Automotive).

9. Change Order No. 1 in the amount of $36,148.00 for Project No. UR-22-B1.

10. Variance Acknowledgement and Liability Waiver with Great Plains Block 3 Holdings, LLC for property located at 419 3rd Street North.

11. Encroachment Agreement with Great Plains Block 3 Holdings, LLC.

12. Consulting Services with Apex Engineering for Improvement District No. BR-23-G0 and Project No. NR-24-A0.

13. Bid advertisement for Project No. UR-22-C.

14. Bid award to J-Tech Mechanical, LLC in the amount of $105,975.00 for Police Department Headquarters Rooftop HVAC Unit (RFP22136).

15. Bid award to J-Tech Mechanical, LLC in the amount of $118,790.00 for Downtown Library Boiler Replacement (RFP22135).

16. Ninth Amended Lease Agreement with North Dakota State University and the Fargo Dome Authority.

17. Bid award to Bailey Nurseries, Inc. in the amount of $65,298.50 plus shipping for the 2023 spring tree order (RFP23004).

18. Community Faculty Contract with the University of North Dakota School of Medicine and Health Sciences.

19. Contract Agreement for Services with the American Lung Association.

20. Contract Agreement for Services with Dacotah Foundation.

21. Agreement for Services with Megan Nies.

22. Direct the City Attorney to prepare Amendments to Fargo Municipal Code Section 35-0105 of Article 35-01 of Chapter 35 Relating to Hearing for Suspension of Administrative Penalties as it relates to tobacco sales.

23. Agreement for Services with Center Point Tactical LLC.

24. Set September 19, 2022 at 5:15 p.m. as the date and time for a hearing on a dangerous building at 924 5th Street South.

25. 2022 Community Development Block Grant and HOME Partnership allocations from HUD.

26. Kresge Grant allocations for work on The Fargo Project, as presented.

27. Bid awards to Turf Tamers LLC and Valley Green & Associates for the 2022 Sidewalk Snow and Ice Removal Services - Code Enforcement and subsequent Services Agreements (RFP22129).

28. Bid award to Valley Green & Associates for the 2022 Sidewalk Snow and Ice Removal Services – City Owned Properties and subsequent Services Agreement (RFP22139).

29. Bid awards to Master Construction Company, Lenzmeier Trucking Inc., J D Kraemer Enterprises, LLC and Diesel Dogs Trucking, LLC for Snow Hauling Trucking Services and subsequent Services Agreements (RFP22137).

30. Amendment No. 1 to Task Order No. 5 with KLJ Engineering LLC in the amount of $25,780.00 to provide HVAC Upgrades at the Public Works/Solid Waste Administrative Operations Facility.

31. Task Order No. 7 with KLJ Engineering LLC in the amount of $61,450.00 for the South Side Fueling Station.

32. Bid award to Dakota Fence Company in the amount of $229,673.00 for Project No. SW 22-05.

33. Change Order No. 3 in the amount of $26,190.00 for the GTC Exterior Renovations.

34. Bills in the amount of $16,027,188.58.

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

Change Order No. 2 and Time Extension for Improvement District No. BN-21-L1 Approved:
Commissioner Kolpack moved Change Order No. 2 for an increase of $10,045.00 and a time extension for the substantial and final completion dates to 8/17/22 and 9/16/22 for Improvement District No. BN-21-L1 be approved.
Second by Preston. On call of the roll Commissioners Kolpack, Preston, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Amendment No. 1 with Houston Engineering Approved (Improvement District No. BN-22-C0):
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) recommending approval of Amendment No. 1 with Houston Engineering in the amount of $24,300.00 for additional design work for Improvement District No. BN-22-C0
Commissioner Kolpack moved Amendment No. 1 with Houston Engineering in the amount of $24,300.00 for Improvement District No. BN-22-C0 be approved.

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

Permanent Easement (Storm Sewer and Levee) with LaVerne A. Montplaisir Family Trust and Montplaisier AG and Rental, LLP Approved (Improvement District No. BN-22-C1):
The Board received a communication from Land Acquisition Specialist Shawn Bullinger requesting approval of a permanent storm sewer and levee easement with the LaVerne A. Montplaisir Family Trust and Montplaisir Ag and Rental, LLP.
Commissioner Kolpack moved a Permanent Easement (Storm Sewer and Levee) with LaVerne A. Montplaisir Family Trust and Montplaisier AG and Rental, LLP be approved

Second by Preston. On call of the roll Commissioners Kolpack, Preston, Piepkorn, Strand 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-C1:
The Statutory Resolution of Necessity for the construction of New Paving and Utility Construction Improvement District No. BN-22-C1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on August 3 and 10, 2022 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Kolpack 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-C1.

Second by Preston. On call of the roll Commissioners Kolpack, Preston, Piepkorn, Strand 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-C1:
The bids for New Paving and Utility Construction Improvement District
No. BN-22-C1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., August 31, 2022 and the bids were found to be as follows:

Dakota Underground Company, Inc. Fargo, ND
Bid: $18,578,544.59

KPH, Inc. Fargo, ND
Bid: $18,618,794.85

Northern Improvement Company Fargo, ND
Bid: $20,549,341.73

Contract for New Paving and Utility Construction Improvement District No. BN-22-C1 Awarded to Dakota Underground Company, Inc. in the Amount of $18,578,544.59:
Commissioner Kolpack 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-C1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received August 31, 2022 for New Paving and Utility Construction Improvement District No. BN-22-C1 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-C1 shows the bid of Dakota Underground Company, Inc. of Fargo, North Dakota, in the sum of $18,578,544.59 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Dakota Underground Company, Inc. in the sum of $18,578,544.59 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-C1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dakota Underground Company, Inc. for the sum of $18,578,544.59, 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 Preston. On the vote being taken on the question of the adoption of the Resolution Commissioners Kolpack, Preston, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Contract for New Paving and Utility Construction Improvement District No. BN-22-G1 Approved:
Commissioner Kolpack moved the Contract between the City of Fargo and Dirt Dynamics for New Paving and Utility Construction Improvement District No. BN-22-G1 in the City of Fargo, North Dakota, be approved.

Second by Preston. On call of the roll Commissioners Kolpack, Preston, Piepkorn, Strand 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-G1 Approved:
Commissioner Kolpack moved the following described Contract Bond be approved as to sufficiency:
RLI Insurance Company, in the amount of $2,430,709.04, for New Paving and Utility Construction Improvement District No. BN-22-G1 in the City of Fargo, North Dakota.

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

Contract for New Paving and Utility Construction Improvement District No. BN-22-N1 Approved:
Commissioner Kolpack moved the Contract between the City of Fargo and Dakota Underground Company, Inc. for New Paving and Utility Construction Improvement District No. BN-22-N1 in the City of Fargo, North Dakota, be approved.

Second by Preston. On call of the roll Commissioners Kolpack, Preston, Piepkorn, Strand 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-N1 Approved:
Commissioner Kolpack moved the following described Contract Bond be approved as to sufficiency:
United Fire and Casualty Company, in the amount of $658,988.90, for New Paving and Utility Construction Improvement District No. BN-22-N1 in the City of Fargo, North Dakota.

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

Contract for New Paving Construction Improvement District No. PN-22-M1 Approved:
Commissioner Kolpack moved the Contract between the City of Fargo and for New Paving Construction Improvement District No. PN-22-M1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for New Paving Construction Improvement District No. PN-22-M1 Approved:
Commissioner Kolpack moved the following described Contract Bond be approved as to sufficiency:
United Fire and Casualty Company, in the amount of $1,442,127.52, for New Paving Construction Improvement District No. PN-22-M1 in the City of Fargo, North Dakota.

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

Resident Comments:
Whitney Oxendahl, James Garvey, Amy Jacobson, Amber Emery and Ben Serber spoke in favor of expanding employee health insurance coverage to include contraceptive coverage; Wess Philome and Faith Dixon spoke on how the shooting death of Shane Netterville was handled; and Robert Darrah spoke on City priorities, Downtown and the proposed bridge over Second Street.

Hearing on an Application Filed by Roosevelt Family Lofts, LLC for a Property Tax Exemption Continued to September 19, 2022:
A Hearing had been set for August 22, 2022 on an application filed by Roosevelt Family Lofts, LLC for a property tax exemption for a project at 711 10th Avenue North where the applicant will build market rate multi-family housing and property management services.
At the August 22, 2022 Regular Meeting, the Hearing was continued to this day and hour; however, the applicant has requested the Hearing be continued to September 19, 2022.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o‘clock p.m. on Monday, September 19, 2022.

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

Public Comment on the 2023 Preliminary Budget and Recommended Tax Levies Continued to September 19, 2022:
A Hearing had been set for this day and hour for a Public Hearing on the 2023 Preliminary Budget; however, the Mayor has asked that the Hearing be continued to the next Regular Meeting.
Mayor Mahoney said the budget is in a new format and deep in print and he suggested looking at it online in the digital format. He said it goes through every department’s expenses and revenues and is easier to read.

Commissioner Kolpack moved the Hearing be continued to 5:15 o‘clock p.m. on Monday, September 19, 2022.

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

Hearing on a Dangerous Building Located at 2315 2nd Avenue South Continued to October 3, 2022:
A Hearing had been set for this day and hour for a Hearing on a dangerous building located at 2315 2nd Avenue South; however, staff has requested the Hearing be continued to October 3, 2022.

Commissioner Piepkorn moved the Hearing be continued to 5:15 o‘clock p.m. on Monday, October 3, 2022.

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.

Renaissance Zone Project for HighRoad Partners LLC Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for HighRoad Partners LLC for a commercial lease project at 209 and 211 Northern Pacific Avenue North.
No written protest or objection to the project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the project.

Planning Director Nicole Crutchfield said the Renaissance Zone Project application presented by HighRoad Partners LLC meets all the minimum criteria set forth in the Renaissance Zone Plan and is consistent with the established goals and objectives. He said the applicant proposes to lease approximately 7,000 square feet (the entire first floor) and is looking to occupy the space sometime in later September

Commissioner Piepkorn moved the Renaissance Zone application filed by HighRoad Partners LLC for a commercial lease project at 209 and 211 Northern Pacific Avenue North be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority.

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.

Overdose and Opioid Settlement Updates: Opioid Abatement Fund to be Created to Receive Settlement Payments:
Robyn Litke Sall, Prevention Coordinator at Fargo Cass Public Health (FCPH), gave an overview of drug overdoses and shared comparisons from previous years. Sanford Ambulance Naloxone Data shows great increases between 2020 and 2021, she said, with increases in their service area and in Fargo alone. She shared a photo of the outdoor mural at the Harm Reduction Center (HRC), which was painted last year for International Overdose Awareness Day, she said. The artist returned this year adding 52 names/initials of loved ones who passed away from overdose and more requests came after so the artist will be returning to add even more names. Six-month comparisons of the doses of naloxone distributed between 2020-2022 shows the highest amount in January to June 2021 at 3,779. Self-reported saves for the same time period show 281 and 221 in 2022, she said; however the number is likely under reported since it is voluntary. She said 702 individuals were served at the HRC and there have been significant increases since 2020 with 2,930 between January and June of this year being the highest number of visits received in a six-month period. The largest increase in the Syringe Services Program was in January through June 2021 compared to the six months prior, she said, when naloxone distribution increased 85%, opioid overdose reversals increased 86%, with 24% increase in participants served and 17% increase in visits. Since that time visits have remained pretty steady, she stated. Between 2019 and 2021 842 lives were saved as a result of providing injectable naloxone or nasal Narcan at the HRC , she said. A new tool available is fentanyl testing strips, she said, about 200 per month are being distributed at the HRC. She said the Narcan Leave Behind Program has been added to the Fargo and West Fargo Fire Departments to leave Narcan behind at overdose calls. She said bystanders are reporting more saves than all other agencies combined.
In response to a question from Commissioner Kolpack asking for more detail on how FCPH is raising awareness, Ms. Litke Sall said there are posts every week on social media about Narcan, naloxone and the Harm Reduction Center, plus the Police Department and Fire Department share information on social media. There was a Mayoral Proclamation on International Overdose Awareness Day, she said, and City Hall was illuminated in purple and local media outlets covered events at the HRC. She said likely the biggest thing done for awareness is talking one-on-one.

Commissioner Strand said Ms. Litke Sall’s team and the team at the Harm Reduction Center are doing incredible work. He said he would like to better understand the nature of the meth use deaths.

Ms. Litke Sall said there is nothing currently available for reversal of meth overdose as there is for opioid overdose. She said overdose is not a good descriptor; it is more of an over-amping of one’s system compared to opioids, which completely slows down one’s system. Deaths related to meth are things like hyperthermia, heart conditions and stroke, she said, and there is no FDA approved medication assisted treatment for meth use disorder.

In response to a question from Commissioner Strand asking for a better understanding of harm reduction as an approach, Ms. Litke Sall said there are a number of reasons an individual may not be willing or ready for treatment, so it is important to help them be the healthiest they can and do what is possible to reduce harm and the risk of overdose or death. She said strategies including the Syringe Service Program have been successful for years and participants are more likely to enter treatment and to be successful in treatment, plus are less likely to share diseases. She said everyone needs to be involved in some level, which requires many resources and services. The easiest thing is to stop the shame, the blame and the stigma, she stated.

Assistant City Attorney Ian McLean gave an update on the opioid settlement. In July 2019 the City filed suit against opioid manufacturers and distributors, he said, and in July 2021 a partial settlement was reached with J&J and the Big Three Distributors with settlement amounts to be paid over 10 plus years. The City will receive 15 payments of $28,427.48, with the first payment being received on 8/31/22 and the second will come at the end of 2022, he said. Annual payments will begin in 2023 for 13 years for a total of $426,412.00, he said, and Fargo received the largest share of any City in the State. He said there are ongoing litigations with Purdue Pharma and other manufacturers and ongoing litigation with pharmacies with new litigation filed against McKinsey and Company. There likely will be additional settlements coming to the City in future years, he said. The money must be on Opioid Remediation, he said, such as care, treatment and other programs. He said the Settlement Agreement has a 15-page exhibit detailing various uses that would qualify. He said an Opioid Abatement Fund needs to be created to receive the initial and future settlement payments in opioid related litigation. He said a Cass County Commissioner attending the last Board of Health meeting asked if the County and City money could be combined, which would make it about $50,000/year. He seeks guidance on if the Commissioners would like to do that, and if so, a Committee could be formed to include FCPH staff, Fargo and Cass County administration and legal representatives.
Mayor Mahoney said it would be nice to combine funds with Cass County to make an impact. He suggested a discussion with FCPH Director Desi Fleming, Ms. Litke Sall and the Harm Reduction team working together to see where the best use of the money would be.
Commissioner Strand said this is not much money when dozens of people are dying. Every year since 2016, the Board has made $50,000.00 available for the Public Health Department to tackle this issue. He said it is good to see some justice coming and it is important to get it to the people struggling and need it the most.

Commissioner Preston said she also would support combining efforts with Cass County. She said she feels it important to include Harm Reduction staff in decisions.

Commissioner Kolpack moved an Opioid Abatement Fund be created to receive the initial and future settlement payments in opioid related litigation.

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

Ordinance Amending Sections 12-0406 and 12-0408 and Repealing Sections 12-0402, 12-0404, 12-0405, 12-0407 and 12-0408 of Article 12-04 of Chapter 12 of the Fargo Municipal Code Relating To Wildlife Management Program-Regulations Received and Filed to be Placed on First Reading at the Next Regular Meeting of the Board:
Interim City Administrator Michael Redlinger said City staff provided an update on the Wildlife Management Program and proposed framework at the May 31, 2022 meeting. He said as referenced in 2021 and 2022 regarding the program, the Police Department desires to be removed from the operation and management of the current program and in its place, a partnership between the Sandhills Archery Club, Fargo Park District and the City of Fargo is proposed to operate the 2022-2023 program. At the May 31, 2022 meeting, he said, the Board authorized staff to continue with program modifications contingent on approval of the Fargo Park District, ND Game & Fish Department and the Sandhills Archery Club. He said the oversight of the program is being removed from the Police Department for 22-23 and the program will continue under the auspices of the Park District on Park District land. He said following the procedural matter of revising and amending the Ordinance, the process and public information will begin, a news release will be issued and openings would be filled on a first come first served basis.

City Attorney Nancy Morris said the amendment presented for approval is a change striking the provision that the Police Chief or designee would be responsible for approving a proficiency certificate which is where it was contemplated that the Sandhills Archery Club would be involved; however, now the regulations of Game and Fish will control the program. She said hunting will continue within City of Fargo limits on Park District property identified by the Park District, which will then establish the number of permits granted. A hunter will come in with their game and fish license desiring to participate in identified Park District land and receive a permit from the City. She is under the impression that the Auditor’s office will take applications; however, that is still a discussion point. It would be more of an identification than an application, she said, as having a game and fish license would allow participation.

In response to a question from Commissioner Preston asking who determines dates, Mr. Redlinger said the Park District will provide guidance about the use of their property, including season length, operation and number of hunters. The City’s interest is in understanding who is out there and registering people to make sure it is known, due to it being a City Ordinance that is permitting the action. He said he learned in discussions with the Sandhills Archery Club that they do not have the administrative capacity to administer the program. In talking with the Game and Fish Department, the City is authorized to have 45 individuals, so it is a matter of recruiting the individuals, putting the word out and assuring proper documentation.

In response to a question from Commissioner Preston asking whether the land where the homes were removed for flood control is Park District land, Mr. Redlinger said that it is a combination of City and Cass County and right now the Park District has talked only about their property, although that conversation could be opened if there is a desire to go further.

Commissioner Piepkorn thanked Mr. Redlinger for his work. This is a great collaboration, he said, and he is glad the program will continue.

Commissioner Piepkorn moved the Ordinance Amending Sections 12-0406 and 12-0408 and Repealing Sections 12-0402, 12-0404, 12-0405, 12-0407 and 12-0408 of Article 12-04 of Chapter 12 of the Fargo Municipal Code Relating To Wildlife Management Program-Regulations be Received and Filed to be Placed on First Reading at the Next Regular Meeting of the Board.

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

Second Reading of an Ordinance Amending Section 11-0203, Section 11-0204 and Section 11-0209 of Article 11-02 of Chapter 11 of the Fargo Municipal Code Relating to Noise Control and Radio Interference Delayed Until September 19, 2022:
City Attorney Nancy Morris said after the First Reading on August 8, 2022, several issues became known and it may be necessary to amend the Ordinance draft. She said Ordinances may be amended and shall then be put upon their second reading and final passage. In any event that an Ordinance is amended between First and Second Reading, she said, final passage shall not be had for at least one week after Second Reading, except that such requirement may be waived with the concurrence of at least two-thirds of the qualified and existing members of the Board of City Commissioners present at that meeting. She said the primary issues for further consideration are the appropriate decibel level and enforcement, requiring further research and equipment testing.

In response to a question from Mayor Mahoney asking what happens when someone calls the Police Department with a complaint about noise, Police Chief Dave Zibolski said if there is a complainant, it can be referred for prosecution. He said often citizens do not want to be the complainant for a variety of reasons and the PD cannot issue a disorderly conduct violation on their own volition.

Commissioner Kolpack moved the Second Reading of an Ordinance Amending Section 11-0203, Section 11-0204 and Section 11-0209 of Article 11-02 of Chapter 11 of the Fargo Municipal Code Relating to Noise Control and Radio Interference and an Ordinance Amending Section 19-0310 and Repealing Sections 18-0310.1, 18-0310.2, 18-0310.3, 18-0310.4, 18-0310.5, 18-0310.5 and 18-0310.8 of Article 18-03 of Chapter 18 of the Fargo Municipal Code Relating to Use and Care of Streets and Sidewalks be delayed until September 19, 2022.

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

City Attorney’s Office Directed to Prepare Recommended Changes to Article 25-04 Vehicles for Hire:
City Auditor Steve Sprague said the City Ordinances have not been keeping pace with what is happening in the transportation industry. He said in 2019 there was preparation for Ordinance changes; however, COVID hit and a pause was taken to see if there were more changes. Now with some resurgence, he said, the Ordinance previously prepared is ready for action with a need for some clarification on some issues. He said items to look at are whether the minimum requirement of three vehicles should be eliminated, should the provision requiring 24/7 operations be eliminated, should insurance levels be increased from $250/$500/$50 to at least a million dollars and determine what extent of background checks should be conducted. A responsible thing to have would be a DOT check, he said, and there are two other checks for background, the Attorney General’s office or FBI, if fingerprinted. He said looking at the City’s role, it was decided the City should not be involved in decisions on how the business should be operated and rather focus on things like the safety of the traveling public, equal fares, etc. He said there is a differentiation between Ubers and vehicles for hire and a taxi. He said a taxi is an unknown fare due to a meter, and a taxi is allowed to solicit business.

In response to a question from Mayor Mahoney asking how long a background check takes, Mr. Sprague said the FBI check takes 3 to 5 days after fingerprinting is completed while the AG’s office says 7 to 10 days.

Commissioner Strand said he would favor allowing as many people as possible to grow their business opportunities.

Mr. Sprague said as Commissioner Strand said, allowing people to have business opportunities probably eliminates have the minimum vehicle requirement. He does feels the need to increase the minimum insurance, he said, and to use the FBI rather than the AG’s office for background checks.

Commissioner Piepkorn said background checks are important and he supports being similar to Uber, plus he encourages accessibility.

In response to a question from Commissioner Preston asking if this is affecting Uber, Mr. Sprague said when Uber and Lyft came into the State, they lobbied the legislature to not have a local regulation or registration. He said that is not what this discussion is about; however, there are people who have driven for Uber or Lyft who want to go into business on their own and not give a percentage to those companies. He said the things that need tightening up are providing vehicles that are safe, have ASC certification, doing a background check, and to make sure insurance is in place.

Commissioner Piepkorn moved the City Attorney’s Office be directed to prepare the recommended changes to Article 25-04 Vehicles for Hire.

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.

City Attorney’s Office Directed to Draft an Ordinance Exempting Child Care Centers from the Requirement for Showers in their Facility:
Commissioner Preston said that after a number of meetings with newly established and future child care center owners and meeting with staff and Social Services Staff, one of the current requirements has been identified as costly and unnecessary. She said due to the way child care centers are classified, they are treated the same as a nursing home and showers are a requirement for that category. Staff in attendance of those meetings stated very clearly that showers are not something any child care center should be using, she said, and in fact if a center actually uses one, it would be a concern. She said Inspections staff have indicated the best way to remedy this is to pass an Ordinance exempting child care centers from the requirement for showers.

Commissioner Piepkorn said he appreciated how quickly staff responded. He said a child care business is difficult enough to get started.

Commissioner Preston said she has talked with providers as well as parents trying to find child care. Trying to identify what the City can do is difficult and it is a wage and staffing issue, she said, along with the overall requirements for getting a child care center started, which comes mostly from the State level.

Commissioner Kolpack said she has met with providers as well, and there is still much work to do and she hopes this is a beginning. She said the City could help support the public/private work being done through the Chamber.

Commissioner Preston moved the City Attorney’s Office be directed to draft an Ordinance exempting Child Care Centers from the requirement for showers.

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

Request for the Cass County Election Administrators to Provide a Written Report on the Last Election:
The Board received a communication from Commissioner Preston stating there have been concerns from community members regarding the process of voting in the past election. Due to the City being accountable for City elections running smoothly and ensuring every citizen has the rightful opportunity to vote, she said, the City should be evaluating the effectiveness of the election administration process. She said she recommends requesting a written report from the Cass County Election Administrators to include, but not limited to, the following:
1. The functioning of the three polling sites – any issues with identification of the correct ballots for voters, length of lines (waiting times for residents to vote), any complaints re: the actual physical voting sites (i.e. difficulty to access and/or confusion about where to go, etc.)
2. The number of misclassifications of citizens as “non-citizens” and how that is to be resolved for future elections.
3. Process for election workers to deal with those labeled “non-citizens,” what actually happened and what is the correct approach.
4. Availability of election workers (including election judges).
5. Success and/or challenges in recruitment, training and management of election workers.
6. How the identified problems with the process will be corrected.

City Auditor Steve Sprague said shortly after the election both he and Dr. Terry Hogan heard from a number of individuals. He said they had a meeting on August 4th to talk about what happened at the precinct level and how things can be improved. He said the County has some plans in place to shore things up. Ahmed Shiil has volunteered to lead discussion at the training session for areas in which he has expertise, he said. Century Code says in order to vote one must be 18 years of age and resided in the precinct for 30 days, he said, and those questions are supposed to be asked in a non-discriminatory manner to every person coming to vote. The central voting file being accessed is maintained by the Secretary of State which gets information from the Department of Transportation, he said, thus having correct driver’s license information cuts down on issues at the polling location. There is a need for additional election workers, he said, and he noted having people that voters are comfortable with would cut down on issues. He said avoiding problems comes down to training; workers attend a two-hour session. Some problems were caused when workers saw that non-citizens showed up on their information screen and they said non-citizens cannot vote and that caused some problems. The States Attorney has reached out to the Attorney General to clarify some language in part of the State law, he said.

Commissioner Kolpack said the Human Rights Commission looked at this and are getting information out on training ahead of the election as well as trying to recruit some new poll workers. The Communication and Government Affairs team will work on a communication plan ahead of the general election to talk about some of the issues and clarify as much as possible, she stated. This report would be one to get in front of the Human Rights Commission when it is ready.

Commissioner Preston said she would suggest the actual report be given to the Human Rights Commission first and then come to the City Commission.

Commissioner Strand said while the rest of the country seems too often focused on rigged elections and involving and engaging election deniers, that is not happening locally. There is room for improvement due to the diverse community, he said.

Commissioner Preston moved the request for the Cass County Election Administrators to provide a written report on the last election be approved and the report be brought to the Human Rights Commission.

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.

Report on the Employee Health Plan Review:
The Board received a communication from Commissioners Preston and Strand stating that several weeks ago Commissioner Strand requested consideration of contraceptive coverage with the City of Fargo Employee Health Plan and the Board was told a review would be underway. She said since that time, they have heard from employees interested in having that coverage included and that surrounding jurisdictions, West Fargo and Moorhead, have this coverage included in their plans.

Human Resources Director Jill Minette gave an overview and outlined the steps taken when looking at renewals. A premium estimate is received from Blue Cross Blue Shield (BCBS) around mid-July, she said, with an actuarial review based on claims completed by the end of August. She said the 2023 renewal meeting is scheduled for next week and includes BCBS representatives, the Mayor as liaison for City Administration and Human Resources. Typically in October, she said, the proposed health insurance plan and premiums are advanced to the City Commission for final approval. The goal is always to look at comprehensive and affordable health insurance coverage for employees, she said. The current cost-sharing levels for full time employees is 80% for family premium paid by the City of Fargo and 86% for single premium paid by the City, she said, and any increase affects both the City’s budget and employee’s net pay. She said the Affordable Care Act (ACA) was enacted in March of 2010, and the City’s plan is compliant with the ACA and grandfathered because the major provisions of the plan have remained the same. At the time ACA went into effect the City was covered under NDPERS and was a grandfathered plan, she stated, then transitioned to BCBS in 2018 with the same grandfathered plan. She said each year the option of moving to a non-grandfathered plan is reviewed with the key provision of the plan being that it provides 100% coverage of preventative care. She said it also provides coverage for birth control, which is important to some employees. She said options including offering a non-grandfathered plan are being explored and if approved, employees would have an option to enroll in either plan based on their coverage needs and the premium level that is the best choice for them and their families. She said for the 2023 renewal, a 4.8% premium increase for the grandfathered plan is expected and a non-grandfathered plan would cost an additional 1.5% of premiums.
In response to a question from Commissioner Preston asking if there was an analysis of adding only contraceptive coverage to the plan, Ms. Minette said the option is being explored and a more complete answer will come from the upcoming review; however, as she understands it, BCBS offers a menu of plans and to offer a plan design change to add only that coverage the State Insurance office would need to make a determination.
Mayor Mahoney said this is a low enough cost that it should be obtainable, there are extra benefits such as adding preventive coverage for the additional 1.5%, and he sees the well care as a benefit to employees. He said if a premium change were too large, the City would lose the grandfathered status.

Ms. Minette said feedback on coverages from employees is considered at review and balanced with associated premium increases. She said they would like to bring the new plan to the Board as soon as possible to be able to move forward in October with employee information sessions. Annual enrollment typically takes place in early November, she said. The the premium increases are less than estimated, she said, and the cost for an employee if a grandfathered and a non-grandfathered option is offered will come at a lower cost than it would have been in previous years.
Mayor Mahoney said a higher increase was expected so it could be covered in the budget. He said it would come back to the Board to determine what to offer. If the Board were to look at the plan overall and offer an RFP, he said, that could be looked at for next year; however, it would take some time.

In response to a question from Commissioner Strand asking about the change in employee insurance coverage when the City went from the NDPERS plan to BCBS, Ms. Minette said there was coverage with NDPERS from 2012 to 2017 and the NDPERS Sanford plan now offers a grandfathered plan, a non-grandfathered plan and a high deductible plan. She said if there were a desire to put out an RFP and explore all the options, she would suggest engaging a health insurance consultant or broker to work on behalf of the City. She said she likes the idea of options for employees and it would be great to put forward an option that addresses family and women’s health.
Commissioner Strand thanked the workers who speak up with legitimate concerns.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Jennifer Hall, 2901 37th Avenue South (5 year).
b. Barbara and Jeffrey Hanson, 2309 Victoria Rose Lane South (5 year).
c. Theresa and Rex Carlson, 4627 Rose Creek Parkway South (5 year).
d. David Bunzow and Debra Bartelt, 4833 Rose Creek Parkway South (5 year).
e. Robert and Barbara Deraas, 634 Harwood Drive South (5 year).
f. Michael and Renee Gravalin, 2401 Victoria Rose Drive South (5 year).
g. Dale and Kristy Gilbraith, 3531 18th Street South (5 year).
h. Lori Ann Gregoire, 3537 Longfellow Road North (5 year).
i. Nissen Homes LLC, 1514 6th Street South (5 year).
j. Elizabeth Leach, 203 14th Street South (5 year).
k. Beth and James Zitzow, 4810 University Drive South (5 year).
l. Larson Family Trust, 1919 Rose Creek Drive South (5 year).
m. Gregory and Susan Borowski, 2410 Centennial Rose Drive South (5 year).

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 Board of Adjustment Approved:
The Board received a communication from Mayor Mahoney recommending that Matthew Boreen be reappointed to the Board of Adjustment and Michael Orth be appointed as a Regular Member of the Board of Adjustment to fill the vacancy created by the resignation of Mike Mitchell for three-year terms ending June 30, 2025.

Commissioner Kolpack moved Matthew Boreen and Michael Orth be appointed as a Regular Member of the Board of Adjustment for three-year terms ending June 30, 2025.

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

Change Order No. 2 and Incentive Clause Date Extension for Improvement District No. BN-22-A1 Approved (Moved from the Consent Agenda):
Assistant City Engineer Tom Knakmuhs said this is the project for 64th Avenue and 45th Street. He said change orders of any size essentially follow the same process where it is generated from Engineering, considered by PWPEC to carry forward and then typically are on the Consent Agenda regardless of size. This project overall is nearly $12 million, he said, so this change order is about 4.4 percent of the total project cost. The increase is due to an error in quantifying the original dirt quantity for this project, he said, which was originally estimated at 54,700 cubic yards of dirt to come into the site while the actual quantity needed is 128,243 cubic yards. He said had they not made the error, it would have been part of the original bid price, so it is not really an increase cost to the public.

In response to a question from Commissioner Preston asking about incentive date changes, Mr. Knakmuhs said typically incentive dates are not changed; however, the contractor asked in this case and it would be beneficial to get this 45th Street open between 52nd and 64th Avenues open this calendar year.

Commissioner Piepkorn moved Change Order No. 2 for an increase of $514,045.00 and Incentive Clause Date extension from 10/29/22 to 11/15/22 for Improvement District No. BN-22-A1 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.

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

Commissioner Piepkorn moved that the Board adjourn to 5:00 o'clock p.m., Monday, September 19, 2022.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.

The time at adjournment was 6:50 o’clock p.m.