Fargo City Commission - April 17, 2023 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 4:30 o'clock p.m., Monday, April 17, 2023.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

Mayor Mahoney announced that the City Commission will retire into Executive Session for the purpose of attorney consultation regarding litigation in Citizens for a Clean Environment, LLC v. City of Fargo to receive its attorneys’ advice and guidance on the legal risks, strengths and weaknesses of an action of a public entity, which, to discuss these matters in open meeting will have a negative fiscal effect on the bargaining and/or litigation position of the City. Thus, an Executive Session for these matters is authorized pursuant to North Dakota Century Code 44-04-19.1 subsections 2, 5 and 9.
Commissioner Strand moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC Section 44-04-19, subsections 2, 5 and 9 to discuss said matter.
Second by Kolpack. On call of the roll Commissioners Strand, Kolpack, Piepkorn, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

At 4:31 o’clock p.m. the Board moved to the Red River Room to discuss the said matter in Executive Session.
Members present were: Kolpack, Piepkorn, Preston, Strand and Mahoney.

The Executive Session closed at 5:11 p.m. and the meeting reconvened in public session at 5:13 o’clock p.m.

The Mayor read a message with the following information: a Preparing for Pollinators event for kids and teens is April 29th at the Carlson Library and National Library Week is April 23 through April 29; construction continues on the Riverhouse Apartments located a block north of City Hall, which has a completion target date of fall 2024; the Mayor said with snow melting and garbage showing up, he would ask residents to pick up trash they see when they are out for a walk; and a video showcasing day four of operations at Sandbag Cass was shown.

Order of Agenda Approved:
Commissioner Kolpack moved the Order of the Agenda be approved withdrawing Item No. “38” on the Regular Agenda.
Second by Preston. 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 April 3, 2023 and the Special Meeting held on April 11, 2023 be approved as read.
Second by Kolpack. 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. Submittal of a Pre-Award Information Sheet and Grant Application for funding under the Department of Energy (DOE) Energy Efficiency and Conservation Block Grant (EECBG) Program.
2. Receive and file an Ordinance Amending Section 25-1509.2 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Restrictions on Sale to Obviously Intoxicated Person and an Ordinance Amending Section 25-1512 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to
Licenses – Termination, Suspension, Revocation and Sanctions.
3. Receive and file an Ordinance Amending Section 25-1501 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Definitions and an Ordinance Amending Section 25-1506 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Licenses – Classifications and an Ordinance Amending Section 25-1507 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating toLicense – Fees – Seasonal Licenses.
4. 1st reading of an Ordinance Repealing Section 25-1504.3 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Mandatory Meeting and an Ordinance Amending Section 25-1504.4 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Additional Requirements for
Class FA-Entertainment Licenses.
5. 2nd reading and final adoption of an Ordinance Amending and Repealing and Replacing Article 18-09 of Chapter 18 of the Fargo Municipal Code Relating Excavation Code; 1st reading, 4/3/23.
6. 2nd reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Amended Plat of Oak Grove Addition to the City of Fargo, Cass County, North Dakota; 1st reading, 4/3/23.
7. 2nd reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Adams Seventh Addition to the City of Fargo, Cass County, North Dakota; 1st reading, 4/3/23.
8. Applications for Games of Chance:
a. Brady Prochnow Benefit for a raffle on 4/26/23; Public Spirited Resolution.
b. Eventide for a raffle on 6/14/23.
c. St. John Paull II Catholic Schools for a raffle on 4/29/23.
c. Homeward Animal Shelter for a raffle on 4/27/23.
9. Excavation Fees and Guidelines, as presented.
10. Addition of Project No. SL-23-B1 to the 2023 Capital Improvement Plan.
11. No bids received for Project No. UN-23-B1; project to be rebid at a future date.
12. Bid award to Master Construction Company, Inc. in the amount of $831,015.00 for Project No. SR-23-B1.
13. Bid award to Border States Paving Inc. in the amount of $464,518.05 for Project No. PR-23-F1.
14. Bid advertisement for Project No. TM-23-A.
15. Create Improvement District No. BR-23-J.
16. Create Improvement District No. UN-23-A.
17. Contract and bond for Project No. NR-23-B1.
18. Contract and bond for Project No. PR-22-B1.
19. Contract and bond for Improvement District No. PR-23-C1.
20. Contract and bond for Improvement District No.PR-23-E1.
21. Direct the City Attorney to prepare the necessary amendments to Fargo Municipal Code Section 3-0102 of Article 3-01 of Chapter 3 Relating to Purchasing Procedure.
22. Notice of Grant Award from the ND Department of Health and Human Services for the Ryan White Part B Program (CFDA #93.917).
23. Agreement for Services with Creating Community Consulting.
24. Notice of Grant Award from the ND Department of Health and Human Services with the Centers for Disease Control and Prevention for Increasing TB Infection Identification and Treatment (CFDA #93.116).
25. Agreement for Services with Megan Nies.
26. Acceptance of grant funds from the FY 2022 Homeland Security Grant Program.
27. Amendment to the 2022 HUD Action Plan.
28. Resolution Approving Plat of Global Development Addition (Attachment “A”).
29. Receive and file Hate Crimes Investigative Report for first quarter of 2023.
30. Purchase of one high compaction front load refuse truck from Sanitation Products in the amount of $336,185.00 (RFP23064).
31. Task Order with Stantec in the amount of $333,534.70 for Professional Engineering Services for Project No. SW23-01.
32. Amendment No. 1 to AE2S Task Order No. 12 in the amount of $36,000.00 for Project No. WA2158.
33. Task Order No. 25 with AE2S in the amount of $642,200.00 for Project No. WA2158.
34. Change Order No. 1 in the amount of -$30,812.88 for Project No. WA2005.
35. Change Order No. 3 in the amount of $109,660.00 for Project No. WA1863.
36. Bills in the amount of $3,866,506.84.

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.

Presentation of the 2022 Annual Fire Department Report Withdrawn:
The presentation of the 2022 Annual Fire Department Report was withdrawn.

Update on Legislative Initiatives Concerning Drag Racing:
Police Chief David Zibolski highlighted difficulties enforcing laws relating to street drag racing. He said a bill was presented to the State Legislature based on Wisconsin law that would require an owner of a fleeing vehicle to provide information on who the driver was or face a $500.00 noncriminal fine. He said the legislation did not pass, which means more work will be done before the next session in the hopes of getting it moved through. This year there have been 57 drivers who have fled, he said, and without a tool to address the problem there is little more that can be done. He said SB 2168 has gone back and forth at the Legislature with some changes including speed limits, speeding fines and seat belt violations; however, it is still in Committee. He said SB 2169 established a Study Committee on traffic related statutes and SB 2219 passed both houses and the Senate is looking at a minor change; however, if passed people who do not pay traffic fines will not face license suspension. He said they will continue to pursue through City warrants and time served; however, in some cases that may be more expensive than the low fine itself. He said operations and partnerships with the Highway Patrol and law enforcement agencies continue to crack down on dangerous driving. As far as reckless driving, exhibition driving and racing, the fines cannot be increased because they are set by State Statute, he said, and are set as noncriminal with minimal fines for those vehicles they are able to stop. He said reimplementing the Traffic Safety Unit continues to be part of the strategic plan and a budget request. He said help could be used legislatively to increase fines, there is no incentive for behavior change. Pursuing racing is not a good idea absent other criminal acts, he said, due to the danger to the public. Cameras are helpful and technology to enhance those is being examined, he said. In terms of what is available now it is about the same as a year ago, he said, and the Police Department is trying to do as much enforcement as possible.

2023 Street Lighting Fixture Replacement Project and Applications for Federal Highway Bill Carbon Reduction Projects for Years 2024 and 2025 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee regarding Federal Highway Bill Carbon Reduction Program Project applications for fiscal years 2024 and 2025. They said the North Dakota side of the metro area will be allotted $1,120,000.00 annually throughout the life of the current Highway Bill and Metro COG is currently soliciting applications for projects using these funds in 2024 and 2025. All projects need at least a 20% local match, they stated.

Division Engineer Jeremy Gorden said most pertinent to Fargo would be transportation alternatives (paths), Transit purchases, street lighting fixture replacement and electric vehicle charging stations. He said he is requesting the amount from the 2nd Avenue Bridge project to be used to replace street lights to LED in 2023. Also, he said, he seeking approval of the following:

2024:
25th Street Shared Use Path – West side of 25th Street, 64th Avenue South to 73rd Avenue South ($650,000.00 construction total - $250,000.00 Federal/$130,000.00 local).
Drain 27 – 52nd Avenue South to Veterans Boulevard, then west to 63rd Street ($992,552.00 construction total - $794,000.00 Federal/$199,000.00 local).

2025:
Red River Trail – along the Red River from 15th Avenue North to Park Lane North ($1,357,919.00 construction total - $1,086,335.00 Federal/$271,000.00 local).

Future Potential Carbon Reduction Grant Projects:
28th Avenue South Bridge over I-29 to connect Bluemont Lakes area to Anderson Park area.
47th Avenue South Bridge over I-29 to connect Milwaukee Trail/Drain 53 paths to Microsoft paths.
Along east side of Drain 53 – 64th to 73rd Avenue South.

Commissioner Piepkorn moved the 2023 Street Lighting Fixture Replacement Project be approved and the applications for the Federal Highway Bill Carbon Reduction Projects for years 2024 and 2025 working through the FM Metro Council of Governments be approved as presented.

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.

Appointments to the Fargo Dome Authority:
The Board received a communication from Mayor Mahoney recommending that Blake Nelson, Nancy Jordheim and Rick Steen be reappointed to the Fargo Dome Authority for four year terms.

Commissioner Piepkorn moved Blake Nelson, Nancy Jordheim and Rick Steen be reappointed to the Fargo Dome Authority for four-year terms ending April 1, 2027.

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.

Appointments to the Sustainability and Resiliency Committee:
The Board received a communication from Mayor Mahoney recommending that Mike Williams and Zoe Absey be appointed as public at-large members on the Sustainability and Resiliency Committee. In addition, he said, the Youth Initiative and Public Transit have submitted names for appointment.

Commissioner Strand moved Mike Williams and Zoe Absey be appointed as public at-large members and Youth Initiative member Abhijna Kavasseri and Public Transit Representative Julie Bommelman be appointed to the Sustainability and Resiliency Committee.

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

Rick Berg Appointed to the Airport Authority:
The Board received a communication from Mayor Mahoney recommending that Rick Berg be appointed to the Airport Authority to replace Erik Lind whose term expired April 8, 2023.
Commissioner Piepkorn moved Rick Berg be appointed to the Airport Authority for a five-year term ending April 8, 2028.

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

Applications for Property Tax Exemption for Improvements Made To Buildings Approved:
a. Nicholas Gubbels and Nichole Wilson, 5305 17th Street South (5 years).
b. Guy Thomas Jr., 421 23rd Street South (5 years).
c. Paul and Ann Jarvis, 172 North Woodcrest Drive North (5 years).
d. Stan and Pamela Johnson, 1609 13 1/2 Street South (5 years).
e. Peine Properties LLC, 1105 10th Street North (5 years).
f. Fargo Moorhead Association of Realtors, 1535 42nd Street South (5 years).
Commissioner Preston moved the applications 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.

Spring Flood Update:
Division Engineer Nathan Boerboom shared the recent deterministic forecast from the National Weather Service. He said the crest is about 10 to 12 days out and with the levels projected today there does not appear that emergency measures will be needed this spring. Instead, he said, the City can rely on the nearly 30 miles of permanent levees and floodwalls constructed over the past 14 years. Forecasts will be monitored, he said, the levels are coming in lower than first anticipated due to more saturation into the ground and it has been an ideal melt. The drainage on the Minnesota side has broken down ahead of others, he stated, allowing that water to get into the system and the other areas are lagging a few days behind, offsetting the peaks. Historically, the areas more closely match, he said. He outlined the flood operations the City uses, including when storm sewer lift stations are activated, when removable floodwalls are installed and roads are closured. To help understand the function of the City’s 85 lift stations, he shared illustrations of the inside of a lift station, showing the gates and pumps. He shared locations of removable floodwall placement including Elm Street, Oak Grove School area, City Hall area, 2nd Street South at the High Rise and Main Avenue. While the river will crest lower than first anticipated, he pointed out that the area will still be dealing with a top 15 flood. This shows the success of the levees and floodwalls built since 2009, had the measures not been taken, he said, there would be emergency measures to fight against a 35 or 36 foot river level. There will still be a risk of uncertainty until the FM Diversion is completed in 2027, he said.

Legislative Update:
City Administrator Michael Redlinger said HB 1273 awaits a vote of the Senate and the Library bills have been watered down; however, many have support to pass and HB 1040, which would close the PERS retirement plan to new enrollees and convert new hires to a defined contribution plan, is being watched.

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

Commissioner Kolpack moved that the Board adjourn to 5:00 o’clock p.m., Monday, May 1, 2023
Second by Strand. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 5:52 o’clock p.m.