Fargo City Commission - February 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., Tuesday, February 21, 2023.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

A video was shown that was shot by the Communications and Governmental Affairs team about Mount Fargo which was picked up by the national FOX Weather Channel, including an interview with Public Works Services Manager Paul Fiechtner. The Mayor read a message with the following information: Assistive Technology Equipment is available at all three Library locations; Kindergarten Success monthly storytime session is March 4th at the Main Library; the Northern Narratives 2023 writing project continues through March 31st; a video was shown featuring the observance of the 7th anniversary of FPD Officer Jason Moszer’s tragic passing in the line of duty and the unveiling of the new Heroes Memorial.

Order of Agenda Approved:
Commissioner Kolpack moved the Order of the Agenda be approved, withdrawing Item No. “16” from the Consent Agenda and adding an item during the Legislative updates to discuss the homophobic and transphobic bills before the 2023 ND Legislative session.
Second by Piepkorn. 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 February 6, 2023 be approved as read.
Second by Kolpack. 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. 2nd Reading and final adoption of the following Ordinances; 1st reading, 2/6/23:
a. Enacting Article 10-13 of Chapter 10 of the Fargo Municipal Code Relating to Cigar Smoking in Public Places and Places of Employment Prohibited.
b. Amending and Repealing and Replacing Article 25-04 of Chapter 25 of the Fargo Municipal Code Relating to Taxicabs and Vehicles for Hire.
c. Amending Section 1-0305 (A)(1) of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.

2. Adopt the Taxi and Vehicle for Hire Resolution as presented.
3. Changes to the Gambling Requirements.
4. Extension of the Class “A” Alcoholic Beverage License for 518 Properties, LLC d/b/a Summit Nightclub until 8/31/23.
5. Gaming Site Authorization for Metro Sports Foundation at Country Inn & Suites (new owners).
6. Applications for Games of Chance:
a. Knights of Columbus – 6570 for a calendar raffle from 4/1/23 to 4/30/23.
b. Love Your Buns for a raffle on 3/11/23; Public Spirited Resolution.
c. North Central Turfgrass Association for a raffle on 3/1/23.
d. North Dakota Pottery Club Society for a raffle on 6/9/23 and 6/10/23.
e. St. John Paul II Catholic Schools for a raffle on 5/15/23.
f. Red River Valley Figure Skating Club – Fargo Ice Show for a raffle on 3/12/23.
g. Safari Club International North Dakota Chapter for a raffle and raffle board on 3/11/23.
h. USA Wrestling of North Dakota for a raffle on 7/20/23.

7. Direct the City Attorney to prepare amendments to Fargo Municipal Code, Article 25-15 – Alcoholic Beverages, relating to mandatory meeting.
8. Direct the City Attorney to prepare amendments to Fargo Municipal Code, Article 25-15 – Alcoholic Beverages, relating to owner/manager changes and reporting requirements.
9. Direct the City Attorney to prepare amendments to Fargo Municipal Code, Article 25-15 – Alcoholic Beverages, relating to signs of impairment.
10. Agreement for Pavement Management Analysis with Infrastructure Management Services in the amount of $49,096.00 for Project No. MS-22-L0 (RFQ22169).
11. Encroachment Agreement with CHI Living Communities.
12. Bid advertisement for Project No. NR-23-B.
13. Work to be performed with Latoka Restorations d/b/a SERVPRO of Fargo Moorhead for repairs at the Fargo Cass Public Health building.
14. Application for Assistance to Firefighters grant for vehicle exhaust systems, gear washers and equipment washers.
15. Application for a Staffing for Adequate Fire and Emergency Response grant.
16. Amendment to Agreement for Services with Great Outcomes Consulting, LLC (SSP23052)(withdrawn).
17. Notice of Grant Award from the ND Department of Health and Human Services for HIV.HCV Counseling, Testing and Referral (CFDA #93.940).
18. Purchase Agreement with Elevate Communities LLC for acquisition of 802 32nd Street North and 3129 7th Avenue North.
19. Purchase of (180) 8x10 multi-curve SAPI cut rifle rated trauma plates from Protector Capital, LLC in the amount of $43,655.00 (RFQ23051).
20. Purchase of (80) 10x16 BallisticBoard backpack insert (rifle protection) from Protector Capital, LLC in the amount of $27,870.00 (RFQ23048).
21. Facility Use Agreement with the ND Department of Corrections and Rehabilitation to utilize the Fargo Regional Law Enforcement Training Center.
22. Awarding of Water Main Materials, Miscellaneous Materials, Fire Hydrants/Parts and Miscellaneous Street Materials to Ferguson Waterworks in the amount of $214,278.34 (RFP23034).
23. Awarding of Aggregate Materials, Concrete, Asphalt and Emulsified Asphalt as presented (RFP23035).
24. Purchase of one articulated wheel loader from Butler Machinery Company in the amount of $83,390.00 (RFP23041).
25. Third Addendum to the Technology License and Service Agreement with DoubleMap, TransLoc.
26. Purchase of ten Transit buses from New Flyer of America.
27. Bills in the amount of $5,498,429.05.

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.

Negative Final Balancing Change Order No. 4 for Improvement District No. BN-21-L1 Approved:
Commissioner Strand moved Negative Final Balancing Change Order No. 4 in the amount of -$27,248.43 for Improvement District No. BN-21-L1 be approved.

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.

Preliminary Engineering Services Agreement (Quiet Zone Project) with BNSF Railway Company Approved (Improvement District No. RR-19-A1):
Commissioner Strand moved the Preliminary Engineering Services Agreement (Quiet Zone Project) with BNSF Railway Company for Improvement District No. RR-19-A1 be approved.

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.

Alley Paving Improvement District No. AN-22-B (3rd Avenue North to 4th Avenue North Between 7th Street and 8th Street North):
Commissioner Strand moved the following action be taken in connection with Alley Paving Improvement District No. AN-22-B:

Adopt Resolution Creating Improvement District No. AN-22-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. AN-22-B in the City of Fargo, North Dakota, be created

From 3rd to 4th Avenue North between 7th and 8th Street North.

Comprising:
West 40 feet Lot 1, Block 10.
Lots 2 through 9, Block 10.
All in Roberts 2nd Addition.

Lots E and F.
All in Auditor’s Subdivision of Lots 10 through 12 of Block 10 in Roberts 2nd Addition.

All of the foregoing is located in the City of Fargo, Cass County, North Dakota.

NOW, THEREFORE, BE IT RESOLVED, That Alley Paving Improvement District No. AN-22-B in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. AN-22-B:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. AN-22-B in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $171,986.00.)

Order Plans and Specifications for Improvement District No. AN-22-B:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. AN-22-B in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. AN-22-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. AN-22-B in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. AN-22-B in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Alley Paving Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Alley Paving Improvement District No. AN-22-B in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Alley Paving must be in writing and must be filed with the City Auditor's Office within 30 days after first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

Direct City Auditor's Office to Call for Bids for Improvement District No. AN-22-B:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. AN-22-B in the City of Fargo, North Dakota.

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.

Asphalt Mill and Overlay Improvement District No. PR-23-E (Various Locations in South Fargo):
Commissioner Strand moved the following action be taken in connection with Asphalt Mill and Overlay Improvement District No. PR-23-E:

Adopt Resolution Creating Improvement District No. PR-23-E:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. PR-23-E in the City of Fargo, North Dakota, be created

LOCATION (Section 1):
On 7th Lane South from 51st Street South to 52nd Street South.
On 8th Avenue South from 46th Street South to 52nd Street South.
On 9th Avenue South from 45th Street South to 52nd Street South.
On 10th Avenue South from 47th Street South to 52nd Street South.
On 11th Avenue South from 45th Street South to 47th Street South.
On 46th Street South from 8th Avenue South to 9th Avenue South.
On 47th Street South from 9th Avenue South to 13th Avenue South.
On 47 1/2 Street South from 7th Avenue South to 8th Avenue South.
On 48th Street South from 7th Avenue South to 10th Avenue South.
On 49th Street South from 9th Avenue South north to the north end of cul-de-sac.
On 50th Street South from 10th Avenue South north to the north end of cul-de-sac.
On 51st Street South from 7th Avenue South to 9th Avenue South.

LOCATION (Section 2):
On 19th Avenue South from 450 ft east of 49th Street South to 200 ft west of 52nd Street South.
On 21st Avenue South from 49th Street South to 52nd Street South.
On 49th Street South from 17th Avenue South to 21st Avenue South.
On 50th Street South from 17th Avenue South to 21st Avenue South.
On 52nd Street South from 17th Avenue South to 21st Avenue South.

LOCATION (Section 3):
On 23rd Avenue South from 25th Street South to Wheatland Drive South.
On Wheatland Pines Drive South off of 23rd Avenue South.
On Parkview Drive South from 33rd Street South to Parkview Circle South.
On 26th Avenue South from 27th Street South to Wheatland Drive South.
On Parkview Lane South from Parkview Drive South to 28th Avenue South.
On Parkview Circle South off of Parkview Drive South.
On 28th Avenue South from Parkview Drive South to 280 ft west of Wheatland Drive South.
On 30th Avenue South from 27th Street South to 36th Street South.
On 31st Avenue South from 33rd Street South to 34th Street South.
On 31st Street South from 30th Avenue South south to south end of cul-de-sac.
On 32nd Street South from 23rd Avenue South to 26th Avenue South.
On 32nd Street South from 30th Avenue South to 32nd Avenue South.
On 33rd Street South from 23rd Avenue South to 26th Avenue South.
On 34th Street South from 30th Avenue South to 31st Avenue South.
On Wheatland Drive South from 23rd Avenue South to 30th Avenue South.

LOCATION (Section 4):
On Timberline Circle South off of 32nd Street South.
On 41st Avenue South from Timberline Drive South to 32nd Street South.
On 42nd Avenue South from 32nd Street South to 36th Street South.
On 43rd Avenue South from 32nd Street South to 36th Street South.
On 44th Avenue South from 32nd Street South to 36th Street South
On 45th Avenue South from 32nd Street South to 36th Street South.
On 46th Avenue South from Timberline Drive South to 36th Street South.
On Timberline Drive South from 41st Avenue South to the south end of cul-de-sac east of 46th Avenue South.
On 32nd Street South from 40th Avenue South to 152 ft south of 46th Avenue South.
On 34th Street South from 151 ft north of 42nd Avenue South to 46th Avenue South.

COMPRISING (Section 1):
Lots 1 through 3, Block 1, Rabanus Farmstead Addition.
Lot 5, Block 1, Rabanus 2nd Addition.
Lots 1 through 71, Block 1.
Lots 1 through 6, Block 2.
Lots 1 through 33, Block 3.
Lots 1 through 7, Block 4.
Lots 1 through 20, Block 5.
Lots 1 through 12, Block 6.
Lots 14 & 16, Block 6.
Lots 1 through 4, Block 7.
All in Westfield 1st Addition.

Lots 1 through 6, Block 1.
Lots 1 through 12, Block 2.
Lots 1 through 14, Block 3.
Lots 1 through 15, Block 4.
Lots 1 through 20, Block 5.
Lots 1 through 10, Block 6.
All in Westfield 2nd Addition.

Lots 14 & 15, Block 1, Bluemont Park 2nd Addition.

Lot 1, Block 1.
Lots 4 through 15, Block 2.
All in Bluemont Park 5th Addition.

Lots 1 through 3, Block 1, Bluemont Park 6th Addition.

Lots 4 through 13, Block 2.
Lots 1 through 5, Block 3.
All in Bluemont Park 7th Addition.

Lots 1 through 22, Block 1, Bluemont Park 8th Addition.

Lots 1 & 2, Block 1, Beautiful Savior 2nd Addition.

Lot 1, Block 1, Fargo Baptist Addition.

Lots 1 & 2, Block 1, Fargo Baptist 2nd Addition.

Lot 1, Block 1.
Lot 1, Block 2.
All in Grove Addition.

Lots 1 through 5, Block 1, Grove 2nd Addition.

Lots 1 through 8, Block 1.
Lots 1 through 5, Block 2.
All in Grove 3rd Addition.

Lot 4, Block 1, Virgil Montplaisir 2nd Addition.

Lots 1 through 7, Block 1, Parkview 1st Addition.

Lots 11 through 26, Block 2.
Lot 1, Block 3.
Lots 1 through 9, Block 4.
Lots 1 through 17, Block 5.
All in Parkview South 1st Addition.

Lots 30 & 31, Block 2, Parkview South 2nd Addition.

Lot 1, Block 1.
Lot 1 & 8, Block 2.
Lots 11 through 15, Block 3.
Lots 7 through 15, Block 4.
All in Parkview South 4th Addition.

Lots 1 through 17, Block 1.
Lots 1 through 9, Block 2.
Lots 1 through 13, Block 3.
All in Parkview South 5th Addition.

Lots 1 through 4, Block 1.
Lots 1 through 17, Block 2.
Lots 1 through 5, Block 3.
All in Parkview South 6th Addition.

Lots 1 through 14, Block 1.
Lots 1 through 9, Block 2.
All in Parkview South 7th Addition.

Lots 17 & 18, Block 1, Parkview South 8th Addition.

Lots 1 & 2, Block 1, Terry Lake Addition.

Lots A through G, Block 1, Terry Lake 3rd Addition.

Lots 1 through 5, Block 1, Tharaldson Subdivision.

Lots 28 & 29, Block 2, Westlake 2nd Addition.

Lots A through P, Block 1, Westlake 3rd Addition.

Lot 13, Block 1.
Lot 1, Block 2.
All in Westlake 4th Addition.

Lots 1 through 18, Block 1.
Lots 1 through 18, Block 2.
All in Westlake 5th Addition.

Lots 1 through 13, Block 1.
Lots 1 through 4, Block 2.
All in Westlake 6th Addition.

Lot 1, Block 1, Westlake 7th Addition.

Lots 1 through 10, Block 1.
Lots 12 & 13, Block 1.
Lot 5, Block 2.
Lots 1 through 3, Block 3.
All in Wheatland 2nd Addition.

Lots 1 through 10, Block 1.
Lots 1 through 8, Block 2.
All in Wheatland 3rd Addition.

Lots 1 through 4, Block 1, Wheatland 4th Addition.

Lots 1 & 2, Block 1, Wheatland 5th Addition.
Lots 1 through 3, Block 1, White Bear Park 1st Addition
Lot 1, Block 1, Montplaisir Rentals Subdivision.
Lots 1 through 5, Block 1, Doeden Addition.

Lots 2 through 6, Block 1, Westlake Townhomes 3rd Addition.

Lot 1, Block 1, Westlake Townhomes 4th Addition.
Lots 9 through 47, Block 1.
Lots 1 through 10, Block 3.
Lots 1 through 12, Block 4.
Lots 1 through 13, Block 5.
All in Woodbury Park Addition.

Lots 1 through 8, Block 1, Woodbury Park 2nd Addition.

Lots 1 through 16, Block 1, Woodbury Parkhomes Addition.

Lots 1 through 12, Block 1.
Lots 1 & 2, Block 2.
All in Wheatland Pines First Addition.

Lot 1, Block 1, Charlie's 2nd Addition.

Lots 1 through 3, Block 3, Charlie's 3rd Addition.

Lot 4, Block 1, Christiansons 32nd Ave South 2nd Addition.

COMPRISING (Section 4):
Lots 1 through 15, Block 1.
Lots 1 through 26, Block 2.
Lots 1 through 27, Block 3.
Lots 1 through 29, Block 4.
Lots 1 through 28, Block 5.
Lots 1 through 14, Block 6.
All in Fox Run Addition.

Lots 1 through 13, Block 1.
Lots 1 through 28, Block 2.
Lots 1 through 13, Block 3.
All in Fox Run 2nd Addition.

Lots 1 through 13, Block 1.
Lots 1 through 26, Block 2.
Lots 1 through 27, Block 3.
Lots 1 through 15, Block 4.
All in Fox Run 3rd Addition.

Lots 1 through 6, Block 1.
Lots 1 through 8, Block 2.
Lots 1 through 60, Block 3.
Lots 1 through 20, Block 4.
All in Timberline Addition.

All of the foregoing is located in the City of Fargo, Cass County, North Dakota.

NOW, THEREFORE, BE IT RESOLVED, That Asphalt Mill and Overlay Improvement District No. PR-23-E in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. PR-23-E:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PR-23-E in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $4,540,123.00.)

Order Plans and Specifications for Improvement District No. PR-23-E:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. PR-23-E in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. PR-23-E:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. PR-23-E in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. PR-23-E in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Asphalt Mill and Overlay Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Asphalt Mill and Overlay Improvement District No. PR-23-E in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said Asphalt Mill and Overlay improvement is to be paid from State and Local Funds and approximately 50% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Asphalt Mill and Overlay must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

Direct City Auditor's Office to Call for Bids for Improvement District No. PR-23-E:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. PR-23-E in the City of Fargo, North Dakota.

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.

Contract for Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-E1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and Border States Paving, Inc. for Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-E1 in the City of Fargo, North Dakota, be approved.

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.

Contract Bond for Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-E1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
Liberty Mutual Insurance Company in the amount of $3,841,753.71, for Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-E1 in the City of Fargo, North Dakota.

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.

Resident Comments:
Victoria Johnson spoke about qualifications and expertise for Human Rights Commission members and she asked for an update of the DEI progress; Patrick Kelly spoke about Broadway noise, street performances, content neutrality and free speech.

Parcels of Land in Duane’s Pizza Addition Rezoned and a Planned Unit Development Master Land Use Plan Approved (1601, 1605, 1615, 1617, 1619, 1621, 1623, 1627 and 1629 University Drive South; 1602, 1606, 1610, 1614, 1618, 1622 and 1626 13 1/2 Street South; 1321 17th Avenue South):
At a Hearing held on January 3, 2023, the Fargo Planning Commission recommended approval of a change in zoning from SR-2, Single-Dwelling Residential, SR-3, Single-Dwelling Residential and LC, Limited Commercial to LC, Limited Commercial with the PUD, Planned Unit Development 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.

Urban Development Coordinator Maegin Elshaug said this rezoning is for the Duane’s Pizza Addition, also referred to as the BLOC project and is for a Minor Subdivision, Zoning Change and a PUD Overlay and PUD Master Land Use Plan. The property is on the west side of the 1600 block of University Drive South, she said and the entire block will be demolished to put up a 5-story mixed-use project with 127 residential units, 15,258 square feet of commercial space with parking underground as well as on one side of the building. She shared images and comments and said this rezoning will replat the lots into one lot/one block.
In response to a question from Commissioner Piepkorn asking whether this addresses right-of-way issues and the traffic congestion and driveway at 17th Avenue South, City Engineer Brenda Derrig said all of the parking lot is being shifted back, allowing a wider sidewalk. She said midblock access off University Drive is being removed.

Commissioner Strand said it is a great project and a block that needs improvement; however, it seems there could be more architecture or design to step it up more than a big block building. He said he hopes incentives can be used to spur enhancements.

Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning, Planned Unit Development (PUD) Overlay and Planned Unit Development Master Land Use Plan 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 Kolpack. On the vote being taken on the question of the adoption of the Resolution Commissioners Preston, Kolpack, Piepkorn, Strand 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 Duane’s Pizza Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Preston 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 Duane’s Pizza Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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.

Resolution Adopted Approving Duane’s Pizza Addition:
Commissioner Preston offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Duane’s Pizza Addition” containing 1 Lot, 1 Block and 2.57 acres of land more or less, located at 1601, 1605, 1615, 1617, 1619, 1621, 1623, 1625, 1627 and 1629 University Drive South; 1602, 1606, 1610, 1614, 1618, 1622, and 1626 1/2 Street South; 1321 17th Avenue South; and
WHEREAS, A Hearing was held January 3, 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 February 8 and 15, 2023 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., February 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 “Duane’s Pizza Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of 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.

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

Renewal Plan and Developer Agreement for Tax Increment Financing District No. 2023-01 Approved:
A Hearing had been set for this day and hour to review a Renewal Plan and Developer Agreement for Tax Increment Financing District No. 2023-01 for development of property on the west side of the 1600 block of University Drive South, which would demolish and clean-up the site of eight vacant single family houses and four commercial buildings and where 127 apartments, 13,000 square feet of main floor commercial space and parking will be built.
No written protest or objection to the Plan 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 Plan.

Strategic Planning and Research Director Jim Gilmour said the zoning was just approved for this and the developer is requesting $4.55 million in Tax Increment Financing to demolish the buildings, site cleanup, infrastructure needs and cost of property acquisition. The estimated annual TIF income is about $415,000.00 a year and the length of the TIF district would be 15 years following the completion of the project. He said City Financial Adviser PFM reviewed the project and reported that the estimated internal rate of return is appropriate given the risk level for this type of project and based on the information provided, the calculated internal rate of return and the coverage requirements, the project would not be feasible without public assistance. He shared a table of the rate of return with and without the TIF and of the debt coverage ratios.

In response to a question from Commissioner Piepkorn asking about property taxes on that block, Mr. Gilmour said the block has a value of about $2.8 million and about $38,000.00 was paid this year in property taxes and that amount will continue to be paid. That value will continue although the mill value may go up or down, he said, and the additional TIF income will come to the City and the developer will not be repaid until it is done.

Commissioner Piepkorn said it takes about 15 years for the City to get back what is deferred and after that higher property taxes will be paid. While people feel deferring this money increases their property taxes, the opposite is true, he said. There is no risk to property owners, he said, and it improves a property that needs improvement.

In response to a question from Commissioner Strand asking if recycling is being accommodated in this plan, the developer, Jesse Craig, said there will be interior recycling bins and garbage facilities for tenants.

In response to a question from Commissioner Piepkorn regarding neighborhood meetings, Mr. Craig said they notified residents within a quarter mile rather than the 300 feet so there was a good turnout. He said most concerns were not so much about the project as traffic safety on University Drive. There were some concerns on how it would affect taxes, he said; however, when it came to the Planning Commission meetings there were not a lot of concerns. He said there will always be people who are not pleased and the proof is in the finality so he hopes the neighborhood will be pleased with the final project.

In response to a question from Commissioner Preston asking if the redesign of University Drive is still planned, City Engineer Brenda Derrig said plans are underway to submit federal projects that must be on federal highways in the City and one area is University Drive South. She said the biggest hurdle for the original corridor study was the two blocks encroaching in the right of way, this block and a block to the north. With the redevelopment of this block, she said, now is the time to re-evaluate that section.

Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, Certain areas within the City are in need of development in order to prevent further deterioration and to preserve property values; and
WHEREAS, The Board of City Commissioners desires to avail itself of the power and authority granted by Chapter 40-58 NDCC.
NOW, THEREFORE, BE IT RESOLVED, By the Board of City Commissioners as follows:
1. That one or more slum or blighted areas or areas consisting of industrial or commercial property, or a combination of those areas of properties exist in the City of Fargo.
2. That the development, rehabilitation, conservation or redevelopment or a combination thereof, of the area contained within the Renewal Plan for Tax Increment Financing District No. 2023-01 is necessary in the interest of public health, safety, morals or welfare of the residents of the City of Fargo.
3. That the area designated as the Renewal Plan for Tax Increment Financing District No. 2023-01 is underdeveloped and is appropriate for a development or renewal project.
4. That such development, rehabilitation, conservation or redevelopment of the area contained in the Renewal Plan for Tax Increment Financing District No. 2023-01 requires the powers and authority granted in Chapter 40-58 NDCC.
5. That the Renewal Plan for Tax Increment Financing District No. 2023-01 is officially adopted by the Board.
6. That Developer's Agreements be prepared in regard to the Tax Increment exemption.
7. That the appropriate staff be directed to request the county auditor and treasurer to compute, certify and remit tax increments resulting from the development or renewal of the area in accordance with the plan and any modifications thereof and that the county auditor and treasurer shall do so in accordance with this section.

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

Application to Transfer the Alcoholic Beverage License from Fargo Suites d/b/a Fargo Suites to Fargo Sunrise Hotel LLC d/b/a Country Inn & Suites Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "ABH" Alcoholic Beverage License from Fargo Suites d/b/a Fargo Suites to Fargo Sunrise Hotel LLC d/b/a Country Inn & Suites at 3316 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 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 Filed by CEC Entertainment, LLC d/b/a Chuck E. Cheese for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by CEC Entertainment, LLC d/b/a Chuck E. Cheese for a Class "H" Alcoholic Beverage License at 1202 Nodak Drive, 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.

Update on the 32nd Avenue South Reconstruction Project – Phase 2 (Improvement District No. BR-23-G0):
Transportation Division Engineer Jeremy Gorden said last fall, the City solicited proposals from engineering firms to design the stretch of 32nd Avenue South from 22nd Street to University Drive and Apex Engineering Group was selected to complete the work. The project is tied to a storm water lift station replacement project closer to the Red River on 32nd Avenue South, he said, and there will be a break point between the two projects near the 11th Street intersection between University Drive and the river. Staff has evaluated the recently updated traffic study by Apex, he said, and are recommending that it remain a 5-lane arterial that will include center landscaped medians, with exception to the block between University Drive and 15th Street South, which will be modified to make room on the north boulevard for snow storage and a widened sidewalk. The current roadway was constructed in the late 1980s, he said, and the pavement has reached the end of its useful life. In addition to new concrete pavement, he said, the other important aspects of the project include adding storm sewer capacity, replacing the existing water main, replacing/rehabbing the existing sewer line, improving the sight lines for mainline left turn movements, widening the existing sidewalk on the north side of the roadway from the Milwaukee Trail underpass location to University Drive and replacing the traffic signals and street lights. The proposed roadway design was influenced by public input received on the previous 32nd Avenue project as well as various studies and master plans, he said. It is also a complete streets approach as it balances the needs of a heavily used vehicle route critical to south Fargo residents and businesses, he said, as well as other users, such as transit, bicyclists and pedestrians. The proposed roadway ends up being 10 feet narrower than what it is today, he said, which creates additional boulevard width and provides a better pedestrian environment by creating additional green space buffer between vehicles and pedestrians. The narrower roadway also allows for decreased crossing distances for pedestrians crossing at intersections, he said, and allows for wider paths to promote crossings at the grade separated crossing that exists at the Milwaukee Trail crossing. The block between University Drive and 15th Street will see the biggest change, he said, and the design will be more intuitive than what it is today. There will no longer be a mandatory lane shift as eastbound vehicles approach University Drive to turn north onto University Drive, he said, and the project will improve the sight lines north and south on University Drive for left turn movements. He said the plan is to make the southbound right lane on University Drive a dedicated right turn lane and not allow it to continue south through the intersection. This will clear up any confusion that may be occurring there today, he said, as well as regaining boulevard space on the west boulevard a few hundred feet south of the intersection. He said final plans should be completed by mid-August and a bid opening will happen in November. Current construction cost estimates are $27-$30 million with funding from Federal Highway funds, City Utility funds, Infrastructure Sales Tax, Prairie Dog funds and Special Assessments, he said. Design work continues, he said, and information to property owners are expected in March with a completed design by August, bid in November, construction beginning April of 2024 and finished in October 2025.
In response to a question from Commissioner Preston regarding bicycle traffic, Mr. Gorden said they are learning bicyclists do not want to be on arterial roads, they prefer collector roads.

Additional Appointments to the Sustainability and Resiliency Committee Approved:
Commissioner Strand said he has been contacted by several members of the public expressing interest in serving on the SRC when an opportunity becomes available. He said he feels representation from Transit and the Fargo Youth Initiative would be appropriate. The SRC discussed at a recent meeting the potential membership expansion and whether the additions should include members of the public, City staff or a combination of both, he said, and the general consensus was a combination of both would be appropriate. In 2020, he said, the City Commission approved a number of staff appointments and a public solicitation process for at-large appointments to the SRC and several ex-officio members were appointed representing Xcel Energy, Cass County Electric Cooperative, Fargo Park District and Fargo School District. He said due to expressed interest, it is his recommendation to add four new committee members.

Commissioner Strand moved a staff member from the Transit Department and member of the Fargo Youth Initiative be appointed to the Sustainability and Resiliency Committee and to authorize a public solicitation of interest for two additional public at-large appointments.

Second 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.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Bussinger Properties II LLLP, 725 18 Street North (5 years).
b. Melissa and Aaron Rohrich, 1212 7th Street South (5 years).
c. Michael and Carly Gunderson, 3619 River Drive South (5 years).
d. Matthew Graber, 1322 15th Street South (5 years).
e. Northern Property Group LLC, 2402 8th Avenue North (5 years).
f. Ole Thomassen, 1621 10th Avenue South (5 years).
g. Jeremy and Renne Leiviska, 4111 15th Street South (5 years).
h. Timothy and Maria Olson, 513 20th Avenue North (5 years).
i. Donald Geigle, 3340 17th Avenue South Unit 102 (5 years).
j. Kyle and Danielle Oetjer, 4833 Meadow Creek Drive South (5 years).
k. Julie Sanderson, 2018 8th Street North (5 years).
l. Andrew Snyder, 1604 52nd Avenue South (5 years).
m. Benjamin Martin and Kelsey Baker, 3830 20th Street South (5 years).

Commissioner Piepkorn moved the applications be approved.

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

Legislative Update:
City Administrator Michael Redlinger reviewed some bills of interest that are working their way through the ND Legislature. He said HB1273 relating to the prohibition of approval or ranked voting had an amendment to grandfather the Fargo Ordinance; however, it was removed and the bill crossed over to the Senate. He said that bill will be watched and revised testimony will be submitted. Today, he said, the large water infrastructure bill, SB2020, had a 46 to 1 vote in support in the Senate. He said it would commit $175 million for the Red River Valley Water Supply Project and includes support for funding in out-years for $939.1 million at a 75% cost share. He said he passed out the HRC statement on some bills being considered along with copies of letters the Library Board and staff prepared regarding bills related to libraries and book prohibitions.

In response to a question from Commissioner Preston asking about the bills banning books, Mr. Redlinger said HB1205 is about the disposition of materials that libraries can maintain, SB2123 could potentially criminalize staff for certain content on shelves and SB2360 conflicts with the First Amendment.

Commissioner Preston said she feels the City should make a statement, particularly about SB2123, since it affects City employees and has passed the Senate. She said perhaps at the next meeting more will be known about where that bill is on the calendar and a stand in opposition could be taken.

Commissioner Strand said he brought forward on the agenda the Statement from the Fargo Human Rights Commission (HRC) regarding homophobic and transphobic bills. He said in many peoples opinion, they are hard to take. Besides the human rights aspect, there is a workforce development issue with thousands of job openings and how will those be filled if there is a message that North Dakota does not want certain people here. He said he would like the Commission to also support the HRC’s position to the Legislature and does not see a downside to advocate for human rights.

Mayor Mahoney said a downside could be when the City has things in front of the State such as the water project. The Chamber has spoken out about the workforce issues, he said. The hope is that the Governor will veto these bills, he stated, so the question is whether an opinion could do harm in other elements. He said the legislative body is somewhat unpredictable in which way they will vote.

Commissioner Strand moved that the Fargo City Commission endorse and join the Fargo Human Rights Commission statement regarding homophobic and transphobic bills before the 2023 Legislative Session.
Second by Preston.

Commissioner Preston said this is about people’s lives and safety and it is important to make a statement. She said there is no guarantee that a veto will not be overturned.

Commissioner Piepkorn said this involves multiple bills and he needs to look at them more carefully before he decides to vote for them. He has concerns, he said, that the HRC is an unelected, appointed advisory board to the City Commission, yet taking actions. It is not a stand-alone body, he said and he has not looked at each bill and is not comfortable with blanket support of them all.

Mayor Mahoney said the Board has not discussed all 12 bills. He said there are some medical treatment interference bills he takes very personally and he feels interfering with patient care is overstepping the bounds in many ways. He said perhaps Commissioner Strand could isolate bills in his motion or make a statement, not necessarily the statement the HRC made.

Commissioner Strand said the HRC’s recommendation could be accepted with the acknowledgement they are a Standing Commission representing the City. He said it is hard to vote on a number of different bills; however, he would like to stand with the HRC.

Commissioner Piepkorn said time will determine which are legitimate, viable bills, some get dropped after crossover. The Board could be updated later and vote on them on at that time.

Commissioner Kolpack said certainly the Board stands for human rights; however, there are issues with the timing. She said hearing from the youth demographic is important for issues such as retention and workforce issues. She said there is a lot to know in balancing priorities and solving the issues that matter to all of the State, including childcare, affordable housing, behavioral health, infrastructure and this issue of human rights.

In response to a question from Mayor Mahoney asking Commissioner Strand if the issue should be delayed for an opportunity to hear from youth or perhaps the HRC’s message could go forward, followed by a discussion on Commission support, Commissioner Strand said the HRC’s position has been voiced and the Commission has spoken about it. He said it is safe to say Fargo leadership is concerned about these bills and workforce issues and he is okay waiting a couple weeks. He said he would like to bolster it and would like to think the City Commissioners stand with the folks who are targeted, marginalized and at risk. He suggests waiting to see what unfolds and to hear from youth and others.

Commissioner Preston said several of the bills in question have not passed the House and a number have not crossed over, so delaying it a few weeks could help focus on priorities.
Commissioner Strand requested to withdraw his motion.
The motion was rescinded without objection.

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, March 6, 2023.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:33 o’clock p.m.