Fargo City Commission - December 26, 2023

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 4:00 o'clock p.m., Tuesday, December 26, 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 Board will retire into Executive Session in the Red River Room for the purpose of attorney consultation regarding threatened litigation pertaining to 501 Main Avenue and to discuss negotiating strategy or provide negotiation instructions to its attorney or other negotiator regarding the threatened litigation and to receive its attorney’s advice and guidance on the legal risks, strengths and weaknesses of an action of a public entity. To discuss these matters in public in an open meeting would have an adverse fiscal effect on 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 Kolpack moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC, Section 44-04-19.1subsections 2, 5 and 9 to discuss said matter.

Second by Strand. All the Commissioners voted aye and the motion was declared carried.

At 4:04 o’clock p.m. the Board moved to the Red River Room to discuss said matter in Executive Session.
Members present were: Kolpack, Piepkorn, Preston, Strand, Mahoney.
Members absent: None.

The Executive Session closed at 4:45 o’clock p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.
All Commissioners present. Mayor Mahoney presiding.

The Mayor read a message with the following information: Registration is open for the Library’s first year-long reading challenge, the annual LEGO Mania Design Contest is open to kids ages 12 and younger with judging at the Downtown Library on December 27th, Beginner Yoga for adults is December 28th and January 4th at the Carlson Library and a holiday video message from employees at The City of Fargo was shown.

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

Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on December 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. Accept the results of the City’s Canvassing Board for the December 5, 2023 Special election and withdraw from final passage:
a. An Ordinance Enacting Article 3-24 of Chapter 3 of the Fargo Municipal Code Relating to a Lodging Tax for Fargodome Including Conference Center and
b. An Ordinance Enacting Article 3-25 of Chapter 3 of the Fargo Municipal Code Relating to a Sales Tax for Fargodome Including Conference Center.
2. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of the following Ordinances:
a. Repealing Section 10-0307 of Article 10-03 of Chapter 10 of the Fargo Municipal Code Relating to Persons Using Streets not to be Molested.
b. Repealing Section 10-0311 of Article 10-03 of Chapter 10 of the Fargo Municipal Code Relating to Panhandling.
3. 2nd reading and final adoption of an Ordinance Enacting Section 8-0610 of Article 8-06 of Chapter 8 of the Fargo Municipal Code Relating to Rotary Traffic Islands; 1st reading, 12/11/23.
4. 2nd reading and final adoption of an Ordinance Amending Section 25-1508 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages; 1st reading, 12/11/23.
5. City of Fargo Resolution Authorizing Officers to Make Deposits and Withdrawals (Attachment “A”).
6. Applications for Games of Chance:
a. Benefit for Isaac Douglas for a raffle on 1/20/24; Public Spirited Resolution.
b. El Zagal (Temple) for a raffle on 12/27/23.
c. NDSU Saddle and Sirloin for a raffle on 3/27/24.
d. St. John Paul II Catholic Schools for a raffle and raffle board on 2/2/24.
e. El Zagal Shrine Arab Patrol for a raffle on 3/15/24.
7. Maintenance Certification for Urban Federal Aid Projects with the NDDOT.
8. Bill of Sale with Northern States Power Company d/b/a Xcel Energy for a street light pole located at 613 1st Avenue North.
9. Amendment No. 1 with KLJ in the amount of $28,857.10 for Project No. FM-24-A0.
10. Amendment No. 1 to the Engineering Services Agreement with Apex Engineering Group in the amount of $140,071.00 for Project No. NR-24-A0.
11. Final Balancing Change Order No. 1 in the amount of $0.00 for Project No. FM-22-C3.
12. Change Order No. 2 in the amount of $9,790.00 for Improvement District No. BR-23-E1.
13. Negative Final Balancing Change Order No. 2 in the amount of -$65,536.92 for Improvement District No. BR-22-C1.
14. Negative Final Balancing Change Order No. 2 in the amount of -$8,178.01 for Improvement District No. PN-23-A1.
15. Negative Final Balancing Change Order No. 4 in the amount of -$41,446.92 for Improvement District No. PR-23-F1.
16. Negative Final Balancing Change Order No. 1 in the amount of -$227,481.08 for Improvement District No. PR-23-G1.
17. Bid award to Dakota Underground Company Inc. in the amount of $4,107,126.09 for Improvement District No. BR-24-B1.
18. Contract and bond for Project No. SN-23-B1.
19. Bid award and Agreement with Select Pro Cleaning in the amount of $636,300.00 for cleaning services at City Hall and Sky Commons-West Wing (RFP24019).
20. Bid award and Agreement with Automated Maintenance Services, Inc. in the amount of $447,037.00 for cleaning services at Fargo Cass Public Health (RFP24020).
21. Bid award and Agreement with Osgood Cleaning Services LLC in the amount of $266,400.00 for cleaning services at the downtown Library (RFP24021).
22. Master Services Agreement with JLG Architects for engineering/architectural services (RFP24011).
23. Tenth Amended Lease Agreement North Dakota State University and the Fargo Dome Authority.
24. Acknowledgement of Agreement Extension with Ovations Food Services, L.P. d/b/a OVG Hospitality (f/k/a Spectra Food Services & Hospitality).
25. Resolution adopting the City of Fargo Purchasing Card Policy, Purchasing Policy and Procedure Manuals (Attachment “B”).
26. Change Orders for Fire Station No. 8 Construction (general construction contract) (ITB23050):
a. No. 6 in the amount of $8,737.93.
b. No. 7 in the amount of -$588.66.
c. No. 8 in the amount of $9,866.95.
27. Change Order No. 1 in the amount of -$4,967.00 for Fire Station No. 8 (electrical construction contract) (ITB23050).
28. Fire Department request for a rollover of Capital Funds, as presented.
29. Fire Department budget adjustment, as presented.
30. Budget adjustment for the Grant Award from the ND Department of Health and Human Services for Public Health Infrastructure and Workforce (CFDA #93.967).
31. Budget adjustment for the Purchase of Service Agreement with the ND Department of Health and Human Services, Behavioral Health Division for addressing opioid stimulant misuse.
32. Budget adjustment for the Purchase of Service Agreement with the ND Department of Health and Human Services, Behavioral Health Division for substance abuse prevention.
33. Direct the City Attorney to amend the Findings of Fact, Conclusions and Order for property located at 1208 University Drive South contingent upon the transfer of ownership.
34. Direct the City Attorney to amend the Findings of Fact, Conclusions and Order for property located at 1710 1st Avenue South to allow the owner to repair the structure by 6/28/24.
35. Request to overfill the 1/22/24 Fargo Police Academy class with five sworn Police Officer positions.
36. Bid award in the amount of $395,923.00 to Sanitation Products for the purchase of one dual auto side load refuse truck (RFP24017).
37. Bid award in the amount of $191,736.00 to Sanitation Products for the purchase of one hook and hoist refuse truck (RFP24027).
38. Exempt Purchase Request for vendor specific parts and service from New Flyer Industries Parts in the amount of $250,000.00 and from Cummins NP in the amount of $250,000.00 (EX24025 and EX24023).
39. Contract with Via Mobility LLC for the purchase of scheduling and dispatching Paratransit bus software/hardware (RFP23215).
40. One year extension to the Electrical Services Agreement with Sun Electric, Inc. for electrical services at the Water Treatment Plant.
41. Amendment of Resolution Authorizing the Issuance and Sale of an Amended and Restated $98,000,000.00 City of Fargo Sales Tax and Water Revenue Bond, Series 2013B and ND State Revolving Fund Program Amended and Restated Loan Agreement with the ND Public Finance Authority.
42. Bills in the amount of $10,814,828.92.
Second by Piepkorn. On call of the roll Commissioners Preston, Piepkorn, Kolpack, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Resident Comments:
There were no resident comments.

Fargo Fire Department 2024-2029 Strategic Plan Approved:
Fire Chief Steve Dirksen said in May 2023 members of the Center for Public Safety Excellence’s Technical Advisor Program facilitated four days of engagement with internal and external stakeholders. A group of Fire Department members met to review community expectations, he said, and to develop or revise the mission, vision and values including conducting an analysis of the agency’s strengths, opportunities, aspirations and results (SOAR). Along with the goals, he said, a number of strategic objectives and tasks were developed. He said goals are to safeguard the community through proactive prevention, preparedness and public education programs; ensure systems and processes are in place to minimize the impact on life and property from medical, fire, disaster and other emergencies; recruit, develop and retain the highest quality team members and implement a comprehensive training program that provides for continuous education and career preparation opportunities to all personnel; maintain an organization that effectively administers, plans and manages the physical resources of the department; and work to be dynamic and continually adjust to meet the changing fire problems, new technologies, new laws and regulations and changes occurring in the community.

Commissioner Kolpack commented that the plan is ambitious and forward thinking and the process was well done.

In response to a question from Commissioner Strand asking whether having 40% of the force with three years or less experience has an effect, Chief Dirksen said he is comfortable with it as there are a number of senior staff in good leadership positions able to train and build competence in younger firefighters through leadership.

In response to a question from Commissioner Preston asking about common causes of fires, Chief Dirksen said balcony fires were a more pressing problem 8-10 years ago mostly caused by smoking material; however, an education campaign and work with apartment managers resulted in a decrease in those type fires.

Chief Dirksen said there are issues with e-charged vehicles, bikes, scooters, and even wheelchairs being dangerous and he will be pushing to have the codes be tougher to protect the lives and safety of firefighters.

Commissioner Preston moved the 2024-2029 Fargo Fire Department Strategic Plan and the Mission, Vision and Values 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.

Application to Transfer the Alcoholic Beverage License from Kjerbeersten, LLC d/b/a 19th Hole at Rose Creek to Up North Hospitality, LLC d/b/a CJ’s Tavern Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "FA-GOLF" Alcoholic Beverage License from Kjerbeersten, LLC d/b/a 19th Hole at Rose Creek to Up North Hospitality, LLC d/b/a CJ’s Tavern at 1500 East Rose Creek Parkway South notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.

Commissioner Piepkorn moved the application be approved.

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

Application Filed by El Vaqueros d/b/a El Vaqueros for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by El Vaqueros d/b/a El Vaqueros for a Class "F" Alcoholic Beverage License at 3001 13th Avenue South, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.

Commissioner Kolpack moved the application be approved.

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.

Application to Transfer the Alcoholic Beverage License from Fargo Air Museum d/b/a Fargo Air Museum to Fargo Air Museum d/b/a Fargo Air Museum Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "A-Club" Alcoholic Beverage License from Fargo Air Museum d/b/a Fargo Air Museum to Fargo Air Museum d/b/a Fargo Air Museum at 1609 19th 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 Preston moved the application be approved.

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

Application Filed by Downtown Tavern, LLC d/b/a Marge’s Bar for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Downtown Tavern, LLC d/b/a Marge’s Bar for a Class "Z" Alcoholic Beverage License at 210 Broadway, Suite 90, 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 Downtown Tavern, LLC has the Boiler Room and Marge’s Bar, which are contiguous; however, with the success of Marge’s Bar they were starting to get to the position where meeting the food requirements of the Boiler Room license was difficult. This separates them, he said, having the “Z” Alcoholic Beverage License for Marge’s Bar and the Boiler Room will have to meet food requirements. He said this license became available due to the City reaching a population of 130,000. The availability of the license was advertised for several months, he said, and only one application was received.

Commissioner Preston moved the application be approved.

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.

Application Filed by Uncorked Lounge d/b/a Uncorked Lounge for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Uncorked Lounge d/b/a Uncorked Lounge for a Class "C" Alcoholic Beverage License at 5601 33rd Avenue South, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.

City Auditor Steve Spraque said a couple months ago a Class “W” Alcoholic Beverage License was issued to Uncorked Lounge; however, after issuance the City Commission granted three more beer licenses and the applicant is requesting a beer license to go with the wine license.

Commissioner Kolpack moved the application be approved.

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.

City Commission’s Action on November 27, 2023 to Deny a Land Management Plan Permit at 338 9th Avenue South Reconsidered: Permit Approved:
City Forester Scott Liudahl said at the November 27, 2023 City Commission meeting a Public Hearing was held regarding the appeal of a Board of Adjustment Decision regarding a Land Management Plan Permit at 338 9th Avenue South. He said the motion to support the Land Management Permit was declared lost for a lack of a majority and at the December 11th meeting, the Board voted to reconsider this permit request and hold a Public Hearing. He said Chapter 11-08 of the Fargo Municipal Code, adopted in 2006, allows vegetation to exceed 8 inches to allow property owners or occupants an opportunity to establish prairie wildflowers, grasses and other pollinator plants as alternatives to traditional Kentucky bluegrass as long as there is a Land Management Plan Permit in place. In this case, he said, the owners at 340 9th Avenue South took it upon themselves to contract and establish wildflower and native grass plantings on this City-owned lot. Prairie plantings can be a challenge in an urban area, he said, and require some knowledge and expertise to maintain. He said the commitment to the maintenance component is in the application.

Public Works Director of Operations Ben Dow said the City maintains about 840 acres of various lands across the City, including retention ponds and about 340 buyout properties. He said annually about $225,000.00 a year is spent on mowing and weed applications. There are a handful of properties where the adjacent property owner is maintaining and taking care of it, he said, and as long as they do not construct something on the property, gardens or other things are allowed. He said if something happens the property can be reclaimed and put back to regular green grass. Typically such requests are brought forward to the Public Works Projects Evaluation Committee (PWPEC), he said, and evaluated mostly based on the fact they are the adjacent property owner. He said often a big factor is the insurance process.

In response to a question from Commissioner Preston asking if boulevard gardens are different than what is being discussed, Mr. Dow said this is very similar.

Commissioner Kolpack said her original concern was the maintenance; however, she is now comfortable with the process.

Commissioner Strand said he heard from many in the community about pollinator gardens, environmental friendliness and climate, and they would like to see more. He said one idea is to allow people to adopt a portion of road, a garden or properties. The key is managing it, he said.

Darrel Ross, 340 9th Avenue South, said he is speaking for himself and
co-owner Kimberly Wallin and they take full responsibility for not obtaining a permit in 2021. He said they contracted Prairie Restorations and incorrectly assumed they would have the permits and should have confirmed their assumptions. The plants are not weeds, he said, they are intentionally selected plants native to North Dakota. The person filing complaints mislead the City, they stated they represented 10 neighbors and there are not 10 people who live within 200 feet. He has received much support and believes this is a contribution to the community and to the neighborhood.

Erica Venberg, Fargo, said she supports the prairie garden. She said it is a large investment and it is upsetting that a single neighbor can derail the process and the established garden. This is a learning opportunity for the City and residents, she said, and an opportunity for people who desire to start these kinds of gardens, especially on public lands.

Marilyn Seitz, 327 10th Avenue South, said she opposes the prairie garden in her front yard and she feels it is a weed patch. She said it could have been planted on Mr. Ross’ own property.

Commissioner Strand moved to uphold the Board of Adjustment’s decision reaffirming the Forestry Department’s approval of the Land Management Plan and Permit at 338 9th Avenue South.

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

Commissioner Strand moved the License Agreement with Darrell Ross and Kimberly Wallin for the City owned property at 338 9th Avenue South be approved

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

Update on the 2024-2027 Engineering Capital Improvement Plan (CIP):
City Engineer Tom Knakmuhs shared an update and timeline of the development of the CIP. In late October a video of the four year CIP was presented to the Commissioners and the public, he said, and followed up with an Informational Meeting in November. He is providing an update based on some questions received from the public and media, he said, and in two weeks he will return seeking approval. He said there are different strategies on how much work the City should be doing. The CIP is funded through sales tax, utility funds, Prairie Dog funds, Federal funds and special assessments, he said. One issue is the annual rate of construction inflation, which over the last 15 years has averaged nearly 7.2 percent, he said. Special assessment caps limit the maximum amount a property owner will pay for an improvement, provides a predictable amount and ensures equity throughout the City for property owners, he said. An issue with current policy is that a wide gap has happened over the years with caps versus construction inflation, he said, which is why an increase in the cap is being proposed. A year-long Special Assessment Task Force in 2018-2019 made 26 recommendations, he said, with 22 incorporated into the process or funding policy. Caps were set at a 70-30 cost split, he said; the issue being that the caps have not kept pace with inflation. A 20% increase in 2024 and 7.19% in 2025, 2026 and 2027 is being proposed, he said, which would result in a 80-20 cost split over the next four years. Without the increase there would be a greater reliance on sales tax, he said. This does not impact specials already set, he said; however, it would impact projects that utilize caps, such as street reconstruction projects. The 4 Core Neighborhood reconstruction projects for 2024 have been bid and awarded, he said, and communication with the property owners included the 20 percent increase. Eight protests or about 4 percent were received, he said, so he believes a large percent support the projects with the caps. The average CIP over the next four years is anticipated to be more than $100 million per year, he said and he outlined the funding with the proposed increases to caps, demonstrating other sources besides special assessments. Street sales tax needs outpace revenues over the next four years, he said, and there will be about $6 million in the negative in 2027 if no changes are made. The current funding policy is not sustainable, he said, and potential solutions include utility rate increases, special assessment increases or sales tax allocation modifications or extensions, create a new utility fee for streets or do less work.

Commissioner Piepkorn said he would like to see the amount from the quarter cent sales tax shifted to Engineering and he would like to know the effect of doing away with special assessments to have infrastructure costs be part of the real estate transaction. He said the sales tax expires so it could be changed to a half cent and perhaps that can be combined with some funding from greenfields.

Mr. Knakmuhs said the quarter cent sales tax funding is about $8 million per year and the special assessment fund is about $20 million per year, the CIP does not include greenfield development, these are assessments used to rebuild and maintain infrastructure. Mill and overlay is 50-50 cost, not 80-20, he said and in two weeks he will seek approval.

Commissioner Strand said Prairie Dog funding at the State level is not certain and the sales tax vote is a question mark. He said perhaps the option of less work being done needs to be seriously looked at.

Mr. Knakmuhs said what is being proposed is what is believed to be the proper amount to maintain the infrastructure. He said to not maintain it costs the residents more in the long run. There are a few years before the sales tax fund runs out, he said, so there is time to make some tough decisions. He said he would hate to raise the special assessment share to a point where there is such an uproar that the special assessment funding option is lost. He said most people seem to understand the benefit of the road improvements they receive and feel the cost is relatable to the benefit they receive.

Commissioner Preston said she sees the special assessment increase as a Band-Aid fix and the 80-20 percent still does not even get close to meeting the construction inflation rate. She said the long-term funding issue needs to addressed and she is leery of looking at one small piece until the whole package is figured out.

Mayor Mahoney said a street tax has to be voted on by the people. There were huge objections at 50-50 special assessment rates and even 70-30 looks objectionable. The utility tax at 1 percent expires in 2028, he said, and has held down utility rates. There needs to be caution against suddenly trying to solve everything in one year; it is a study to look at all the elements, he said. A simple change this year is the 20 percent increase, he said, and having minimal protests shows a sign that it is on the right track.

Commissioner Piepkorn said he feels it is time to get rid of special assessments. Research needs to be done on what other parts of the country do and how the cost of infrastructure gets included in the cost of the real estate, he said.

Commissioner Strand said he feels more data is needed. While he understands there are not many protests, the unspoken mindset seems to be that spending is out of control and citizens cannot have an impact, he said. Expenses are really adding up for people on fixed incomes, he stated.

North Broadway Bridge Project Delayed (Project No. QR-23-A0): Appropriate Staff Directed to Pursue Potential Alternative Funding Sources:
City Engineer Tom Knakmuhs said the North Broadway bridge was closed three years ago and during the last meeting he indicated he would return for a decision. He outlined options and alternative criteria. He said it comes down to does the City Commission want to reconstruct a bridge, and if so, which option is preferred:
1. Reconstruct at similar elevation.
2a. Reconstruct above future 100-year floodplain on similar alignment.
2b. Reconstruct above 100-year floodplain and realign to Royal Oaks Drive North.
3. Do not reconstruct the bridge, direct Engineering to install permanent traffic calming measures on 10th Street North and request FM Metro COG to remove the project from the Transportation Improvement Program (TIP) and reallocate funding to other Surface Transportation Block Grant (STBG) eligible projects. He said if a build option is selected, funding needs to be figured out. It could be kept in the TIP program funds and ask to move the project from 2026 to 2027, he said, or from 2026 to 2028 or it could be removed from the TIP and work on other funding sources. If the City Commission decides, with or without Clay County participation, to build a bridge in 2026, there likely would be cuts to the CIP, he said, and depending on the option selected, there would be a range of severity of impact to the CIP. If the Commissioners support building or reconstructing the bridge and need more time to figure out funding, he said, it could be kept in the TIP moving it from 2026 to 2027, move it from 2026 to 2028, or it could be removed from the TIP and work on other funding sources if a lot more time is needed.

Commissioner Piepkorn said this bridge is about connectivity and it should not just be the City of Fargo paying for it. He said Cass and Clay Counties, Moorhead, the State of Minnesota and the State of North Dakota should help and his preference is to give it more time and approach other entities.

Commissioner Strand said the general public seems to say this is not really needed for the cost, which is a lot for 3,000 cars per day. If the partners are not willing to step-up and deliver, he said, the project is in jeopardy and probably not happening.

Commissioner Kolpack said she appreciates that the City surveyed North Fargo residents. She said the feedback from 60% of the 1,300 surveyed showed they do not want to pay for this. More time is needed, she said, and until there is a funding model longer term, connected to the CIP and with other partners to share the cost, she is not ready to approve this.

In response to a question from Mayor Mahoney asking about moving the project to 2028 to allow consideration to get partners and to move the $5.4 million into other projects, Mr. Knakmuhs said it is one of the options - requesting the project move from 2026 to 2028, asking to move 17th Avenue South up a year and work with Clay County to pursue alternative funding. He said at some point the $5.4 million earmarked for this project would go back in the bucket for reallocation by
MetroCOG.

In response to a question from Commissioner Preston about the likelihood of other funding, Mr. Knakmuhs said Clay County met on November 21, 2023 and while the Board seemed supportive of Option 1, he heard comments that it is a bridge of convenience, not necessity. He said funding is an issue for them and it is not likely they will increase their level of participation.

Commissioner Preston said some tough decisions need to be made about infrastructure and this is one of them. She said she prefers Option 3, no bridge.

Commissioner Piepkorn moved to request MetroCOG move the project from 2026 to 2028 in the TIP, move the 17th Avenue South reconstruction project from 2027 to 2026 and direct City staff to work with Clay County and pursue potential alternative funding sources.

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

Mr. Knakmuhs said it would be helpful for him, when applying for grants, to know what bridge option is preferred to know the level of funding the City is looking at applying for and to communicate that with Clay County.

Commissioner Kolpack said she is not comfortable deciding on an option until there is more information and background on funding sources and the longer term plan into 2028.

Commissioner Strand said the partners need to know they need to cough-up money or there will not be a bridge to satisfy their side of the river and their people. Without funding from neighbors and investors, he said, he does not see a green light to build this bridge and he is not in favor of building the bridge until the money is there.

Mayor Mahoney said Clay County has made it clear that the only option they will try to get funding for is Option 1, not 2a or 2b. He said it would be difficult for Mr. Knakmuhs to go get funding for Option 1, then come back to find the Commissioners want something different, which is why he wants clarification.

Commissioner Piepkorn said it would not be prudent at this time to decide an option; there will eventually be more time for clarification.

Mr. Knakmuhs said his concern with not having a decision on a preferred option is how to pursue other funding. If applying for Federal grants, it is necessary to know what bridge option is being proposed, he said. A benefit cost analysis was done, he said, and Options 2a and 2b do not qualify to receive Federal grants as they do not meet the benefit cost. If the goal is to work with the states, counties and Moorhead for funding, not using Federal grants, then it is more open, he said.

Commissioner Preston said Option 1 would have the least impact locally on the taxpayer. The Board should be able to make a decision tonight, she said.

Commissioner Piepkorn said there is time; the Commissioners just voted to extend it to 2028. Federal funding is not the only source, he said. It is laughable to select Option 1 and have the City build a bridge that potentially can flood after putting a $3 billion Diversion in place, he said, and this does not have to be decided tonight.

Mayor Mahoney said there is no option supported by the Board.

Appointments to the Board of Health:
The Board received a communication from Mayor Mahoney stating the terms of Cass County Commissioner Tony Grindberg, West Fargo Mayor Bernie Dardis and Fargo City Commissioner Arlette Preston on the Board of Health expire on December 31, 2023. Mayor Dardis and Commissioner Preston would like to continue representing their entities on the Board, he said, and Cass County has appointed a new Commissioner, Jim Kapitan, to serve as the County’s representative.

Commissioner Kolpack moved West Fargo Mayor Bernie Dardis and Fargo City Commissioner Arlette Preston be reappointed and Cass County Commissioner Jim Kapitan be appointed to the Board of Health for three-year terms ending December 31, 2026.

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.

Tommy Schmidt Appointed to the Metropolitan Council of Governments Policy Board:
The Board received a communication from Planning Commission Chairman Rocky Schneider stating Maranda Tasa is unable to attend Metropolitan Council of Governments Policy Board meetings; therefore, he is recommending Tommy Schmidt be appointed to fill the vacancy.

Commissioner Strand moved Tommy Schmidt be appointed to the Metropolitan Council of Governments Policy Board.

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

Liaison Commissioner Assignment Updates:
The Commissioners gave 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, January 8, 2024.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:53 o’clock p.m.