Fargo City Commission - August 21, 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 5:00 o'clock p.m., Monday, August 21, 2023.
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: August is National Immunization Awareness Month and Fargo Cass Public Health will host walk-in immunization clinics where recommended child and teen immunizations will be available; School Supply Bingo sessions will be held August 22nd at the Northport Library and Main Library; Chess Club meets at the Main Library on Tuesdays; Beginner Yoga sessions for adults are Thursdays at the Carlson Library; and the 2023 Northern Focus Photography Exhibit will be on display at the downtown Main Library entryway gallery starting September 1st.

Order of Agenda Approved:
Commissioner Preston moved the Order of the Agenda be approved, excluding Item No. “41” on the Regular Agenda. She said the item was requested by Commissioner Piepkorn, who did not include a memo and/or background information; therefore, it should not be allowed.

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

Minutes Approved:
Commissioner Kolpack moved that the Minutes of the Regular Meeting of the Board held on August 7, 2023 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. Extension of a Class “A” Alcoholic Beverage License for Irish Hospitality d/b/a Hennessey’s Irish Pub until 2/19/24.

2. Extension of a Class “AC” Alcoholic Beverage License for Fargo Moorhead Community Theater d/b/a The Stage at Island Park until 4/1/24.

3. Resolution Establishing the Wildlife Management Program for the 2023-2024 season (Attachment “A”).

4. Amended Gaming Site Authorization for Metro Sports Foundation at the Alibi.

5. Applications for Games of Chance:
a. North Dakota Autism Center, Inc. for a raffle on 9/19/23.
b. Fargo South High School for a calendar raffle from 8/25/23 to 2/22/24.
c. YWCA Cass Clay for a raffle on 9/7/23.
d. Tri-City United Soccer Club for a raffle on 9/9/23.

6. Change Order No. 5 for a time extension to the substantial and final completion dates of 8/15/23 and 8/30/23 for Project No. FM-19-C1.

7. Change Order No. 2 for a time extension to the full road closure on 42nd Street from 8/15/23 to 8/24/23 for Project No. FM-22-C2.

8. Addition of 3000 11th Street South to the remaining property buyouts for the in-town flood mitigation projects (Project No. FM-25-A).

9. Permanent Easements (Water Main and Storm Sewer) with EPIC Unite Real Estate Holdings, LLC at 234 Main Avenue.

10. Contract and bond for Project No. FM-15-F3.

11. Memorandum of Offer to Landowner for Easement (Temporary Construction Easement) with Fargo Public Schools Federal Credit Union (Improvement District No. BR-23-G2).

12. Memorandum of Offer to Landowner for Easement (Temporary Construction Easement) with WNB Properties, LLC (Improvement District No. BR-23-G2).

13. Easement (Temporary Construction Easement) with Brian Trauman (Improvement District No. BR-24-A1).

14. Change Order No. 1 for removing stipulation from Sheet 1 of Special Instructions to Bidders and allow construction of Phase 1 and Phase 2 concurrently for Improvement District No. BR-23-J1.

15. General Fund – Budget to Actual unaudited monthly financial statements through 7/31/23.

16. Independent Auditor’s Report and City’s Annual Comprehensive Financial Report for the year ending 12/31/22.

17. Notice of Subaward from the ND Department of Environmental Quality for Public Water Supply Supervision Program - EPA Block (ALN #66.605).

18. Purchase of Service Agreement with American Lung Association (RFP23120).

19. Purchase of Service Agreement with Soul Solutions (RFP23120).

20. Purchase of Service Agreement with Dacotah Foundation (RFP23120).

21. Purchase of Service Agreement with New Life Center (RFP23120).

22. Professional Services Agreement with Sanford Clinic North.

23. Set September 5, 2023 at 5:15 p.m. as the date and time for a Public Hearing on a dangerous building at 1449 4th Avenue South.

24. Amended Resolution Creating a Committee on Native American Issues regarding the membership and coordination of the Native American Commission (Attachment “B”).

25. 90-day extension of FMLA leave for Police Sergeant Tyrell Fauske.

26. Direct the City Attorney to review Ordinance No. 10-0307 – Persons using streets not to be molested and Ordinance No. 10-0311 – Panhandling.

27. Direct the City Attorney to prepare an Amendment to Fargo Municipal Code, Section 8-1321 – Use of Safety Belts Required in Certain Motor Vehicles.

28. Bid award to Titan Machinery in the amount of $141,973.00 for carbide cutting edges (RFP23136).

29. Resolutions Amending and Restating Resolution Authorizing the Issuance and Sale of City of Fargo Sales Tax Revenue Bonds, Series 2008A, 2008B, 2008C, 2008D, 2010A and 2010D (Attachment “C”).

30. Bills in the amount of $12,590,005.89.

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

Resident Comments:
The following people spoke about various topics: Kristina Klinkhammer, streetlights; Kathy Polansky, a dangerous building; Faith Dixon, the Liquor Control Board; and Wess Philome, homelessness.

Application Filed by Five Star African Cuisine d/b/a Five Star African Cuisine for an Alcoholic Beverage License Approved:
A Hearing had been set for June 26, 2023 on the application filed by Five Star African Cuisine d/b/a Five Star African Cuisine for a Class "GH" Alcoholic Beverage License at 855 45th Street South, Suite 1A.
At the June 26, 2023 Regular Meeting, the Hearing was continued to this day and hour.
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, Kolpack, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Application Filed by Nahal HHM LLC d/b/a Taj India for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Nahal HHM LLC d/b/a Taj India for a Class "GH" Alcoholic Beverage License at 2877 45th Street South, Suite 100, 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, Kolpack, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Application Filed by Michele’s Table d/b/a Michele’s Table for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Michele’s Table d/b/a Michele’s Table for a Class "GH" Alcoholic Beverage License at 1414 12th Avenue North, 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 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.

Application to Transfer the Alcoholic Beverage License from Nobull, Inc. d/b/a NoBull Smokehouse to Nobull, Inc. d/b/a NoBull Smokehouse Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "Z" Alcoholic Beverage License from Nobull, Inc. d/b/a NoBull Smokehouse to Nobull, Inc. d/b/a NoBull Smokehouse at 609 NP Avenue (ownership change only) 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.
City Auditor Steve Sprague said the transfer is due to a change in ownership.
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.

Parcels of Land in Wentz Addition Rezoned (2329 22nd Street South):
At a Hearing held on August 1, 2023 the Fargo Planning Commission recommended approval of a change in zoning from SR-2, Single-Dwelling Residential to SR-3, Single-Dwelling Residential.
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 this zoning change is due to a homeowner wanting to build an addition on an existing home and the SR-3 zoning conforms more to current setback rules.
Commissioner Kolpack offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning 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 Strand. On the vote being taken on the question of the adoption of the Resolution Commissioners Kolpack, Strand, Piepkorn, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

First Reading of an Ordinance Rezoning a Certain Parcel of Land Lying in Wentz Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Kolpack 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 a Certain Parcel of Land Lying in Wentz Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Parcels of Land in University South Fourth Addition Rezoned (1376 Oak Manor Avenue South):
At a Hearing held on July 6, 2023 the Fargo Planning Commission recommended approval of a change in zoning from MR-3, Multi-Dwelling Residential with a C-O, Conditional Overlay to MR-3 with a C-O, Conditional Overlay, and GC, General Commercial with a C-O, Conditional Overlay.
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 this is the old Kmart area on South University Drive where a new commercial property is being built as well as a project by Beyond Shelter to construct a low-income apartment building with approximately 32 to 42 units. He said the zoning change was requested due to the fact that Beyond Shelter wants to divide the block into two lots in order to construct a building to house its offices.
Brian Pattengale, Houston Engineering, said the original plan was to construct a much larger apartment building with more units; however, some federal grants did not come through due to environmental issues and the project had to be scaled back.
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning 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 and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by Preston. On the vote being taken on the question of the adoption of the Resolution Commissioners Strand, Preston, Kolpack, Piepkorn 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 University South Fourth Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Strand 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 University South Fourth Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving University South Fourth Addition:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “University South Fourth Addition” containing 2 Lots, 1 Block, and 3.956 acres of land more or less, located at 1376 Oak Manor Avenue South; and
WHEREAS, A Hearing was held July 6, 2023 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 August 9 and 16, 2023 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., August 21, 2023 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 “University South Fourth Addition” be and the same is hereby in
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.

Hearing on a Request for Zoning Change and Plat for Southwest Fargo Mission Second Addition Continued to October 16, 2023 (4451, 4455, 4475 40th Avenue South):
A Hearing had been set for July 10, 2023 on a request for a zoning change and Plat in Southwest Fargo Mission Second Addition.
At the July 10, 2023 meeting the Hearing was continued July 24, 2023.
At the July 24, 2023 meeting the Hearing was continued to this day and hour; however, staff is requesting the Hearing be continued to October 16, 2023.
Commissioner Kolpack moved the Hearing be continued to 5:15 o’clock p.m. on Monday, October 16, 2023.

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.

Hearing on the Consolidated Annual Performance and Evaluation Report for the 2022 Action Plan for Community Development Block Grant (CBDG) and HOME Programs:
A Hearing had been set for this day and hour on the Consolidated Annual Performance and Evaluation Report (CAPER) for the 2022 Action Plan for Community Development Block Grant (CBDG) and HOME Programs.
Community Development Coordinator Tia Braseth said there is a 15-day Public Comment Period, which started August 3rd and runs through August 21st, and to date no public comments have been received. She said no action from the City Commission is required at this time and the report will now be submitted to HUD for final review and approval, as per Federal grant management requirements.
Mayor Mahoney closed the Public Hearing.

Public Health Downtown Services Update:
Director of Fargo Cass Public Health Desi Fleming said since 2014, the Harm Reduction Division has grown to include the Gladys Ray Shelter, the Withdrawal Management Unit, Overdose Prevention and Response, Mobile and Street Outreach Programs and the Downtown Engagement Center. She said there are an increased number of people experiencing homelessness in Fargo, specifically in the Downtown area, and in July, the Engagement Center served an average of 110 people each day.
Community Liaison Chandler Esslinger said homelessness has been on the rise nationally since 2017 and the number of people experiencing homelessness is growing. The availability of shelter beds in the Fargo-Moorhead area nightly is insufficient for the number of people seeking shelter, she said. The majority of people experiencing homelessness do not have a mental health condition or substance use disorder, she said, and it is difficult to move people from public spaces when they have no home.
Police Chief David Zibolski said homelessness is not a crime and the Police deal with a lot of mental health issues. He said year to date, there have been 1,038 calls specifically related to mental health issues and 21 percent of those calls are due to fifteen individuals with significant mental health issues. He said the Police partner with Southeast Human Services Center and other facilities to try to address the issues. Tracing calls for service Downtown in June, he said, there are six individuals who are homeless and they accounted for 104 calls for service and there is a continuous issue of no place for them to go. He said the Police are dealing with the jail being at capacity and it will be at least two years before the addition to the jail is complete. On top of that, he said, the Detox Facility is closed every weekend due to staffing issues. He said the Police have expanded the Community Engagement team, who is working with the Downtown business community to try to keep the Downtown safe.
In response to questions from Commissioner Piepkorn asking what the programs cost and who pays for them now due to the fact that the Engagement Center opened during the COVID-19 pandemic and was funded with State and Federal money, Ms. Fleming said the majority of programming is funded by the North Dakota State Health Department and with some HUD funds. She said the City pays for the majority of staffing.
Mayor Mahoney said Fargo is a humanitarian City that takes care of people. To cut costs, he said, the City has trimmed the Engagement Center budget and also cut back the Center’s hours of operation.
Commissioner Piepkorn said he wants to see actual numbers of costs for these programs in the budget. Utility fees and property taxes are going up, he said, and the average citizen wants to know if the City can afford to keep doing this. He asked if this is what the citizens want the City to be and he wants to know how the City can let people sleep and set up housing in emergency exits at the Civic Center, which is a fire code violation. City staff also have to pressure wash those areas daily, he said, due to the presence of human waste.
Commissioner Preston said the costs of running the Engagement Center are far less than the costs of emergency rooms and jails if services are not provided to people who are struggling. She said dealing with the issues up front will cost less in the long run.
Commissioner Kolpack said the issue is complex and the City should explore reaching out to nearby counties and cities to help fund services.
Commissioner Strand said the City cannot treat those struggling like numbers and statistics.
Ms. Fleming said outreach is happening and they try to get people to shelters and offer assistance; however, people have to want to make a change and if they do not want to change, outreach needs to keeps trying. Unfortunately, she said, this is a reflection of the growing community.

Update on City Commission Governance Meetings:
Commissioner Kolpack said City Commissioners have been working since November 2022 to update and create a Governance Policy. She said there has been a lot of conversation surrounding the City’s current Boards and Commissions, including standardization and the process for replacing members.
City Administrator Michael Redlinger said Commissioners at the six Working Sessions have been discussing a Governance Policy as well as possible changes to Boards and Commissions, and creating an onboarding handbook for new Commissioners.
Commissioner Kolpack said an onboarding packet for new Commissioners is needed as there is no formal training for new Commissioners. She said it would also be a useful resource for future candidates to explain and prepare them for being a City Commissioner.
In response to a question from Commissioner Piepkorn asking how much does each of the working sessions cost, Mr. Redlinger said about $1,500.00 to $2,000.00 per session.
In response to a question from Commissioner Piepkorn asking what has been accomplished in these sessions, Mr. Redlinger said new and updated policies, including the upcoming adoption of a Governance Policy, and discussion on Boards and Commissions.

Working Session with the City Commission to Discuss All Aspects of and Contemplated Economic Development Incentive Policies Approved:
Commissioner Strand said he would like to convene the full City Commission to discuss all elements current and contemplated with regards to tax incentives policies. He said it was informally agreed to meet every couple of years, especially after new Commissioners were seated and the last time this group discussion took place was when Commissioner Tony Grindberg was serving. He said there has not been a meeting to discuss these incentives policies since Commissioners Preston and Kolpack were elected.
Commissioner Piepkorn said the Economic Development Incentives Committee (EDIC) is already working on this topic and having another meeting will cause confusion. He said everyone is welcome to attend any of the EDIC meetings, it is a group of very smart people and those attending could learn a lot.
Commissioner Preston said direction about a policy with wide ranging impacts should come from the City Commission, not from within a Committee. She said there are other things going on that should be considered when embarking on a policy change. The growth planning process is going on and is a major part of incentives, she said, and the EDIC is an expert in economic development; however, they are not experts in seeing the broad impacts of a policy change.
Commissioner Piepkorn said the EDIC needs to be a part of the Growth Plan discussion. He said Fargo now has a finite border, which was non-existent in the past, and that changes the perspective on the City’s growth. He said it is important that everyone is on the same page.
Commissioner Strand moved that a working session with the City Commission to discuss all aspects of any contemplated Economic Development Incentive Policies be approved.

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

Appointments to the Human Rights Commission Approved:
The Board received a communication from Mayor Mahoney stating the terms of Barry Nelson, Carolyn Becraft, Ahmed Shiil and Sarah Boonstoppel expired on July 1, 2023. Mr. Nelson, Mr. Shiil and Ms. Boonstoppel have resigned their positions and Matuor Alier, whose term would have expired on July 1, 2024, has resigned. He is recommending that Carolyn Becraft be reappointed to the Human Rights Commission and that Xavier Welty, Ritchell Aboah, Kristin Nelson and Zoey Absey be appointed to fill the vacancies created by the resignations of Mr. Nelson, Mr. Shiil, Ms. Boonstoppel and Mr. Alier.
Commissioner Strand moved that Carolyn Becraft be reappointed and that Xavier Welty, Ritchell Aboah and Kristin Nelson be appointed to the Human Rights Commission for three-year terms ending July 1, 2026, and that Zoe Absey be appointed to fill the unexpired term of Matuor Alier for a term ending July 1, 2024.
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.

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., Tuesday, September 5, 2023.

Second by Strand. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:31 o’clock p.m.