Fargo City Commission - January 23, 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, January 23, 2023.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.
Order of Agenda Approved:
Commissioner Kolpack moved the Order of the Agenda be approved.
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 January 9, 2023 and the Special Meeting held on January 11, 2023 be approved as read.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.
Consent Agenda Approved:
Commissioner Kolpack moved the Consent Agenda be approved as follows:
1. Receive and file the following Ordinances:
a. An Ordinance 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. An Ordinance Amending and Repealing Article 25-04 of Chapter 25 of the Fargo Municipal Code Relating to Taxicabs and Vehicles for Hire.
2. Gaming Site Authorization for Fargo Youth Hockey Association at Dogleg North.
3. Applications for Games of Chance:
a. St. John Paul II Catholic Schools for a raffle on 2/9/23.
b. Eagles Elementary PTA for bingo on 2/9/23.
c. NDSU Saddle and Sirloin for a raffle board on 4/12/23.
d. Saddle and Sirloin Club (NDSU) Little International for a raffle on 2/11/23.
e. Muskies, Inc. FM Chapter for a raffle on 2/9/23.
f. Warm Blanket Hugs for a raffle on 3/5/23.
g. Fargo Moorhead Chapter #246 of the National Association of Woman in Construction for a raffle on 3/9/23; Resolution for Public Spirited Organizations.
4. Five-year Mailing Services Agreement – January 2023 with American Mail House (RFP23024).
5. Contract for electrical services for the Citywide Multimedia Space to Sun Electric, Inc. (RFP23014).
6. Encroachment Agreement with TD Companies, LLC d/b/a TD Companies, LLC – 7th Ave – Series 2 at 704 38th Street North.
7. Gift Agreement with Urban Plains Land Company LLC.
8. Access Easement (Storm Sewer, Sanitary Sewer and Water Main) with Southeast Cass Water Resource District (Project No. NR-23-A1).
9. Bid advertisement for the following Projects:
a. No. PR-22-B.
b. No. PR-23-A.
10. Negative Final Balancing Change Order No. 2 in the amount of -$2,590.40 for Project No. SR-22-C1.
11. Consulting Engineering Services with Houston Engineering, Inc. for Project Nos. SN-23-B0 and SN-25-A0 (RFP23020A).
12. Consulting Engineering Services with SRF Consulting Group for Project No. QR-24-A0 (RFP23020B).
13. Consulting Engineering Services with Bolton & Menk, Inc. for Improvement District No. BN-25-A0 and Project No. MS-23-C0 (RFP23020C).
14. Employee Wellness Program Contract with Dakota Children’s Advocacy Center for annual mental health check-ins for all Fire Department employees.
15. Group Insurance Policy for Dental Benefits with Blue Cross Blue Shield of North Dakota.
16. Agreement for Property Demolition with Master Construction Company, Inc. for property located at 714 12th Street North (RFP22111).
17. Employee Wellness Program Contract with Dakota Children’s Advocacy Center for annual mental health check-ins for all Police Department employees (RFQ23033).
18. Awarding of RFP23026 to Sanitation Products in the amount of $518,452.00 for the purchase of two, three wheeled mechanical street sweepers.
19. Resolutions to increase Loan Funds for the following:
a. Clean Water State Revolving Fund Loans to complete the Water Reclamation Facility expansion (Sewer Revenue Bond Series 2018A and 2018B) (Project No. WW1701).
b. Drinking Water State Revolving Fund Loans to finance the water system capital projects.
20. Bills in the amount of $7,642,359.26.
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.
Change Order No. 1 and Time Extension for Improvement District No. BR-22-A2 Approved:
Commissioner Kolpack moved Change Order No. 1 for an increase of $62,765.49 and a time extension of five calendar days to Phase 1 completion for Improvement District No. BR-22-A2 be approved.
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.
Contract Amendment No. 1 with Apex Engineering Approved (Improvement District No. BR-23-G0):
The Board received a communication from the Public Works Projects Evaluation Committee stating Contract Amendment No. 1 is for additional work to implement a public engagement plan for Improvement District No. BR-23-G0.
Commissioner Kolpack moved Contract Amendment No. 1 with Apex Engineering in the amount of $24,559.00 for Improvement District No. BR-23-G0 be approved.
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.
Seal Coat Improvement District No. PR-23-C (Improvement District No. PR-23-C):
Commissioner Kolpack moved the following action be taken in connection with Seal Coat Improvement District No. PR-23-C:
Adopt Resolution Creating Improvement District No. PR-23-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. PR-23-C in the City of Fargo, North Dakota, be created
Adopt Resolution Creating Improvement District No. PR-23-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. PR-23-C in the City of Fargo, North Dakota, be created
LOCATION (Section 2.1):
On 10th Street North from 32nd Avenue North to north end of cul-de-sac.
LOCATION (Section 2.2):
On 33rd Avenue South from 45th Street South to Seter Parkway South.
On 36th Avenue South from 190 east of 54th Street South to Veterans Boulevard South.
On 37th Avenue South from 54th Street South to 56th Street South.
On 38th Avenue South from 54th Street South to 56th Street South.
On Justice Drive South from 54th Street South to 56th Street South.
On Cordova Loop South off of 36th Avenue South.
On Crimson Loop South off of 37th Avenue South.
On 47th Street South from 32nd Avenue South to 33rd Avenue South.
On 49th Street South from 30th Avenue South to 32nd Avenue South.
On 51st Street South from 32nd Avenue South to 33rd Avenue South.
On 54th Street South from 36th Avenue South to 38th Avenue South.
On Valley View Drive South from 36th Avenue South to 37th Avenue South.
On 55th Street South from 37th Avenue South to 38th Avenue South.
LOCATION (Section 2.3):
On 47th Avenue South from 45th Street South to 46th Street South.
On 49th Avenue South from 45th Street South to 47th Street South.
On 46th Street South from 47th Avenue South to 49th Avenue South.
LOCATION (Section 2.4):
On 51st Avenue South from 53rd Street South east to east end of
cul-de-sac.
LOCATION (Section 2.5):
On 17th Street South from 73rd Avenue South to 75th Avenue South.
On 18th Street South from 73rd Avenue South to 75th Avenue South.
On 19th Street South from 75th Avenue South to 76th Avenue South.
On 20th Street South from 73rd Avenue South to 75th Avenue South.
On 21st Street South from 73rd Avenue South to 75th Avenue South.
On 75th Avenue South from 17th Street South to 21st Street South.
COMPRISING (Section 2.1):
Lots 3 through 28, Block 1, Bison Village Addition.
COMPRISING (Section 2.2):
Lots 1 & 2, Block 1, Encore Second Addition.
Lots 1 through 7, Block 8, Urban Plains by Brant First Addition.
Lot 2, Block 1, Bentley Square Addition.
Lots 4 & 5, Block 1, Blu Water Creek Addition.
Lots 1 through 3, Block 1, Blu Water Creek Second Addition.
Lots 1 & 2, Block 1, Blu Water Creek Third Addition.
Lot 1, Block 1, Blu Water Creek 4th Addition.
Lots 1 through 6, Block 1, Blu Water Creek 5th Addition.
Lot 2, Block 3.
Lots 1 through 12, Block 6.
Lots 1 through 24, Block 7.
Lots 1 through 24, Block 8.
Lots 1 through 24, Block 9.
Lots 1 through 12, Block 10.
Lots 1 through 14, Block 11.
Lots 1 through 14, Block 12.
Lots 1 through 12, Block 13.
Lots 1 through 28, Block 14.
All in Brandt Crossing 1st Addition.
Lots 1 through 3 & 10, Block 1, Brandt Crossing 2nd Addition.
Lots 1 through 4, Block 1.
Lots 13 through 17, Block 1.
All in Brandt Crossing 3rd Addition.
Lots 2 through 5, Block 1, Brandt Crossing 4th Addition.
Lot 2, Block 1, Brandt Crossing 5th Addition.
Lots 1 & 2, Block 1, Brandt Crossing 6th Addition.
Lots 3 & 4, Block 1, Brandt Crossing 7th Addition.
Lot 1, Block 1, Brandt Crossing 8th Addition.
Lots 1 through 6, Brandt Crossing 14th Addition.
Lots 1 & 2, Block 1, BNG Addition.
Lots 1 through 7, Block 1.
Lots 1 through 9, Block 2.
Lots 1 through 7, Block 3.
Lots 1 through 35, Block 4.
Lots 1 through 14, Block 5.
Lots 1 through 14, Block 6.
All in Farmstead at Brandt Addition.
Lot 1, Block 3, Schatz 3rd Addition.
Lots 2 through 4, Block 1, Schatz 4th Addition.
Lots 21 through 27, Block 2.
Lots 1 through 14, Block 3.
Lot 1, Block 4.
Lots 1 through 11, Block 5.
Lots 1 through 8, Block 6.
All in Valley View Addition.
Lot 1, Block 1, Valley View 2nd Addition.
Lots 1 through 10, Block 1.
Lots 1 through 12, Block 2.
All in Valley View 3rd Addition.
Lots 1 through 10, Block 1.
Lots 1 through 60, Block 2.
Lots 1 through 8, Block 3.
Lots 1 through 8, Block 4.
Lot 1, Block 5.
All in Valley View 4th Addition.
Lots 1 through 19, Block 1.
Lots 1 through 13, Block 2.
Lots 1 through 11, Block 3.
Lots 1 through 18, Block 4.
All in Valley View 5th Addition.
Lot 1, Block 1, Valley View Seventh Addition.
Lots 1 through 5, Block 1 Valley View Eighth Addition.
COMPRISING (Section 2.3)
Lots 1 through 4, Block 1, Osgood Townsite 9th Addition.
Lots 1 & 2, Block 1, Osgood Townsite 10th Addition.
Lots 1 through 9, Block 1.
Lots 1 and 5 through 8, Block 2.
All in Osgood Townsite 11th Addition.
Lots 1 & 2, Block 1
Lots 1 & 2, Block 2
All in Osgood Townsite 12th Addition.
Lots 2 & 3, Block 1, Osgood Townsite Thirteenth Addition.
Lot 2, Block 1, Osgood Townsite Fourteen Addition.
Lots 1 through 4, Block 1, Osgood Townsite Fifteenth Addition.
COMPRISING (Section 2.4):
Lots 1 through 13, Block 1, Commerce on 52nd 1st Addition.
COMPRISING (Section 2.5):
Lots 15 through 24, Block 1.
Lots 19 through 36, Block 3.
Lots 1 through 38, Block 4.
Lots 1 through 19, Block 5.
All in Eagle Valley Addition.
Lots 1 through 18, Block 1.
Lots 1 through 40, Block 2.
Lots 1 through 20, Block 3.
All in Eagle Valley Second Addition.
All of the foregoing is located in the City of Fargo, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That Seal Coat Improvement District No. PR-23-C 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-C:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PR-23-C 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 $1,822,291.51.)
Order Plans and Specifications for Improvement District No. PR-23-C:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. PR-23-C in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. PR-23-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. PR-23-C 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-C 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 Seal Coat 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 Seal Coat, Improvement District No. PR-23-C 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 Seal Coat improvement is to be paid from State and Local Funds, and approximately 20% 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 Seal Coat 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-C:
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-C in the City of Fargo, North Dakota.
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.
No Protests Received for Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-E1:
The Statutory Resolution of Necessity for the construction of Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-E1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on December 21 and 28, 2022 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Kolpack moved that the Board declare that no protests have been filed to the construction of Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-E1.
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.
Bids Received for Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-E1:
The bids for Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-E1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., January 18, 2023 and the bids were found to be as follows:
Border States Paving, Inc. Fargo, ND
Bid: $3,841,753.71
Key Contracting, Inc. West Fargo, ND
Bid: $4,074,232.80
Dakota Underground Company, Inc. Fargo, ND
Bid: $4,122,191.66
Meyer Contracting, Inc. Maple Grove, MN
Bid: $4,797,789.37
Contract for Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-E1 Awarded to Border States Paving, Inc. in the Amount of $3,841,753.71:
Commissioner Kolpack offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-E1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received January 18, 2023 for Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-E1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-E1 shows the bid of Border States Paving, Inc. of Fargo, North Dakota, in the sum of $3,841,753.71 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Border States Paving, Inc. in the sum of $3,841,753.71 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-E1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Border States Paving, Inc. for the sum of $3,841,753.71, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.
Second by Strand. On the vote being taken on the question of the adoption of the Resolution Commissioners Kolpack, Strand, Preston, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
Resident Comments:
Wess Philome spoke comparing Fargo’s demographics and the hiring ratios of black applicants versus white applicants for employment with the City.
Federal Aid Transportation Project Applications Approved:
The Board received a Report of Action from the Public Works Projects Evaluation Committee regarding Federal Aid Transportation Project Applications.
Transportation Division Engineer Jeremy Gorden said MetroCOG has indicated there is $4.318 million available in 2026 and $10.484 million in 2027. There are a number of projects scheduled for the North Dakota portion of the F-M metro region for years 2024 to 2026. He said he would first like to discuss the Broadway Bridge project:
2026. Broadway Bridge over Red River:
Construction total $10.5 million (updated: was $7.5 million)
Federal $4.2 million
Fargo $1 million
Clay County $2.25 million
He said the Board voted in November 2021 to apply for Federal Aid to replace the Broadway Bridge as-is for 2026 and later that month approved the 2022 Capital Improvement Program that included funding for demolishing the existing bridge. He said the demolition is getting bid out tomorrow and the bridge will be demolished by fall. He shared traffic data on the eight bridges in Fargo with the Broadway Bridge being the least traveled and I-94 the most. The detour now is a full mile, he said, and the estimated cost to replace the bridge as-is (in 2026) is $7.5 million and $3 million to stabilize the road for a construction total of $10.5 million. He said funding is projected to be $6.75 million for the North Dakota side and $3.75 million for the Minnesota side. It would be $21 million to place it above the Diversion flows, he said, and he shared a map of the current FEMA floodway, the 100-year floodplain and the City setbacks. FEMA requires bridge projects over rivers to have hydraulic modeling completed to demonstrate impact, he said, and the analysis needs to show “No Rise” in the 100-year flood water elevation, pre-project and post-project, if constructed. He said options for the Broadway Bridge project are: replace as-is, replace above Diversion flows or do not replace. He said $4.2 million is allocated to the project in the MetroCOG Transportation Plan and the State Transportation Plan. To replace as-is, he said, he would request $1.2 million in additional federal aid, to replace above Diversion flows, he would request an additional $4.2 million in Federal aid and if not replaced, the $4.2 million in Federal aid could be reallocated.
Mayor Mahoney said the real question is whether a Broadway Bridge is desired and if so, replacement or a bigger bridge are the options.
City Engineer Brenda Derrig said the Board previously decided to put money in for a placement holder for the project; however, there is a need to invest in the environmental document in order to understand the impacts. She said the question is whether to keep going down this path, put the $1.2 million into it and get into the environmental document. There will be a public process with it, she stated, and Engineering staff will be back in 10 to 12 months for further conversation on the path to move forward. She said Clay County is a partner too, so it is not a singular decision.
Commissioner Piepkorn said he would recommend the bridge be replaced above the Diversion flows and to do the studies. The detour impacts a neighborhood, he said, and the industrial area that includes Amazon will have impacts also. The City should set an example, he stated, and not build in the flood plain and have it fully functional when there is a flood.
Commissioner Preston said she feels the third option, do not replace, is best. She said it will be evident with the cost benefit analysis that it is the bridge with the lowest traffic and the cost keeps going up. She said there are things that could be done to cut down on neighborhood traffic. There are two bridges within a half mile of each other, she said, and she would like a cost benefit done on not replacing it as well. She said when looking at infrastructure costs priorities must be examined and she does not feel this is one.
Commissioner Strand said he is interested to see what the cost analysis says on all the options; however, he would have difficulty voting for any construction in the floodplain or in the Diversion. Having battled with impacted farmers and communities hit with easements and floodways, he cannot imagine how saying the rules are different for the City, he said. He will not close the door on an analysis being done and he will look at the information, he said; however, it will be hard for him to go there. He said he is not receptive to the City having different rules than anyone else.
Commissioner Kolpack said she supports proceeding with the environmental analysis.
Mayor Mahoney said it is different building a farm in the floodplain, with the bridge there now and on an engineering basis, it can be replaced. It is up for debate how much north Moorhead will grow or how much busier that bridge may get.
In response to a question from Mayor Mahoney asking how often that bridge would be out of commission if built in the current location, Mr. Gorden said since 1991, it has gone underwater for spring flooding 15 times for around 15 days each time. Since records have been kept, he said, it has been unusable 1% of the time.
Mr. Gorden said the $1.2 million is a placeholder for future construction. To hire a consultant would be $500,000.00 at the most, he said, and would be local funds.
Commissioner Kolpack moved to proceed with the environmental analysis and return with a cost benefit analysis looking at both the existing height and above Diversion flows.
Second by Strand.
Commissioner Preston moved to amend the motion to include a cost benefit of no replacement.
Second by Strand. On call of the roll Commissioners Preston, Strand and Kolpack voted aye.
Commissioners Piepkorn and Mahoney voted nay.
The motion was declared carried.
On call of the roll on the original motion, as amended, Commissioners Kolpack, Strand, Piepkorn and Mahoney voted aye.
Commissioner Preston voted nay.
The motion was declared carried.
Mr. Gorden said the other upcoming project applications are as follows:
2024. 32nd Avenue South from 22nd Street to University Drive:
Construction total $27 million
Federal $9.88 million
Local $13 million
42nd Street Bridge over I-94 – structural maintenance project:
Construction total $225,000.00
Federal $180,000.00
Local $45,000.00
2025. 36th Street Bridge over Drain 27 – structural maintenance project:
Construction total $380,000.00
Federal $307,000.00
Local $73,000.00
2027. Pedestrian Bridge over the Red River at 40th Avenue South (project partner is Clay County):
Construction total $10 million (updated: cost was $7.5 million)
Federal $1.76 million
Fargo $440,000.00
Clay County $1.8 million
Mr. Gorden said the proposed plan for 2026 funding is the 32nd Avenue South project in 2024 and to move an additional $3.118 million to that project as a federal aid payback. The Pedestrian Bridge over the Red River needs an additional $2.4 million in 2027, he said, and a new project being considered is reconstructing 17th Avenue between University Drive and 25th Street, estimated at $13 million.
In response to a comment from Commissioner Preston that the Pedestrian Bridge is expensive, Mr. Gorden said the bridge is permanent, not raised.
In response to a question from Commissioner Strand asking about the history when it was proposed to build a bridge for car traffic in the vicinity of 40th Avenue South and what happened, Ms. Derrig said that is not being looked at; however, she could look up the history.
Mayor Mahoney said he has heard the myth about the bridge on 40th Avenue since he moved here in 1980. He said the popularity died, what is across in Moorhead was not as developed as it is now; however, now it would be an arterial through a neighborhood. MetroCOG has looked at bridges up and down the metro area determining where the next one may go, he said.
Commissioner Piepkorn moved the Federal Aid Transportation Project Applications be approved, as presented.
Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Strand, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application Filed by Slice, LLC d/b/a Duane’s House of Pizza for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Slice, LLC d/b/a Duane’s House of Pizza for a Class "GH" Alcoholic Beverage License at 1629 South University 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.
City Auditor Steve Sprague said the Class “GH” Alcoholic Beverage License is a beer and wine license. The applicant has purchased Duane’s House of Pizza and is seeking to have this added to their lineup of menu items in that location.
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 Plaza Azteca Fargo 52, Inc. d/b/a Plaza Azteca Mexican Restaurant for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Plaza Azteca Fargo 52, Inc. d/b/a Plaza Azteca Mexican Restaurant for a Class "FA" Alcoholic Beverage License at 5081 Timber 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.
City Auditor Steve Sprague said this is a second location for the same group that owns the current Plaza Azteca Mexican Restaurant and there have been no issues with that 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.
Application Filed by Fargo Billiards LLC d/b/a Fargo Billiards & Gastro Pub for an Alcoholic Beverage License to Add an Additional Owner Approved:
A Hearing had been set for this day and hour on an application for Class "FA-Entertainment" Alcoholic Beverage License from Fargo Billiards LLC d/b/a Fargo Billiards & Gastro Pub at 3234 43rd Street South to add an additional owner, 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 current owners are taking on the current manager as an additional owner. He said the current owners are going to retain 95 percent ownership. There were a few issues with the manager’s background, he said; however, they felt most were dated so it comes with a recommendation for approval from the Liquor Control Board.
Commissioner Piepkorn moved the application be approved.
Second by Strand. On call of the roll Commissioners Piepkorn, Strand, Kolpack, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Resolution Directing the Issuance of $56.2 Million Refunding Improvement Bonds, Series 2023A and Prescribing the Terms and Covenants Therefor; and Resolution Selling, Establishing Terms and Directing Issuance of Definitive Improvement Warrants on the Funds of Certain Improvement Districts, and Providing for and Appropriating Special Assessments for the Support and Maintenance of Said Funds:
Finance Director Terri Gayhart introduced Brad Elmer of Baker Tilly who will explain the details of today’s sale.
Mr. Elmer said the City had a very successful sale of Refunding Improvement Bonds in the amount of $56.2 million. He said there were seven bids, with the winning bid submitted by Bank of America with true interest costs of 3.649 percent, which is a very good outcome. The bonds were rated by Moody’s at a very solid rating of AA2, he said.
Commissioner Kolpack moved the Resolutions titled “Resolution Directing the Issuance of $56.2 Refunding Improvement Bonds, Series 2023A and Prescribing the Terms and Covenants Therefor,” and referred to as Attachment “A” and “Resolution Selling, Establishing Terms and Directing Issuance of Definitive Improvement Warrants on the Funds of Certain Improvement Districts, and Providing for and Appropriating Special Assessments for the Support and Maintenance of Said Funds,” and referred to as Attachment “B” be adopted and attached hereto.
Second by Preston. On the vote being taken on the adoption of the Resolutions Commissioners Kolpack, Preston, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolutions were adopted.
Appropriate Staff and City Attorney Directed to Seek a Request for Proposals to Address the Noise Ordinance:
Commissioner Strand said during the summer of 2022 the City experienced difficulty regulating outdoor amplified sound and the existing noise Ordinance was called into question. He said City staff worked diligently to come to a solution only to discover they lacked the expertise needed to provide a recommendation to the City Commission. He said the City should reach out to vendors to assist in drafting Ordinance language and the Request for Proposals (RFP) should be all-inclusive, encompassing permanent and transient noise producers. A modified version of the Downtown Workgroup has been re-engaged to communicate with the Downtown stakeholders and neighborhoods, he said. Issues of buskers, performing arts, noise and activity Downtown and the hours of the noise and activities have been wrestled with, he said. He said the recommendation is for an RFP to bring in a consultant for guidance to study what others are doing and what works well in other communities to present to the Board with a recommendation for Ordinances to consider. He said he hopes to have it in place in a timely fashion so it is known going into spring.
In response to a question from Commissioner Kolpack about staff who will be included in addition to stakeholders on the workgroup, Commissioner Strand said the appropriate staff who were working on the topic prior to the re-engaged workgroup will be included.
Commissioner Strand moved to direct appropriate staff and the City Attorney to seek an RFP to address the noise Ordinance.
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.
Deb Mathern and Prakash Mathew Reappointed to Renaissance Zone Authority:
The Board received a communication from Mayor Mahoney recommending Deb Mathern and Prakash Mathew be reappointed to the Renaissance Zone Authority.
Commissioner Kolpack moved Deb Mathern and Prakash Mathew be reappointed to the Renaissance Zone Authority for three-year terms ending January 1, 2026.
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.
Mike Dawson and Matthew Boreen Reappointed to Historic Preservation Commission:
The Board received a communication from Mayor Mahoney recommending Mike Dawson and Matthew Boreen be reappointed to the Historic Preservation Commission.
Commissioner Kolpack moved Mike Dawson and Matthew Boreen be reappointed to the Historic Preservation Commission for three-year terms ending October 31, 2025.
Second by Preston. On call of the roll Commissioners Kolpack, Preston, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Legislative Update:
City Administrator Michael Redlinger provided a report on the legislative session in Bismarck and what is being done monitoring bills. He shared copies of House Bill 1273, which is a proposal to prohibit ranked choice voting and approval voting, despite Home Rule Authorities that have been adopted. He said there are 537 House bills and 352 Senate bills introduced and the North Dakota League of Cities is tracking 222 of those bills. There are 162 bills the City is tracking, he stated, a majority will simply be watched to see if they survive crossover or to see if any intervention is required later. He said there are a number of bills on property tax statements, public information, changes to the Homestead Credit Program, property tax freeze provisions for seniors and special assessment legislation. The Mayor recently talked in Bismarck on the water bill, Senate Bill 2020, he said, which contains both the Red River Valley Water Supply Project and FM Diversion funding. Notable hearings this week are continued committee work on SB2020, property tax issues, HB1273, a number of NDPERS bills and the Planning Department is putting together testimony on the home occupation and firearms sales bill, HB1340, he said. There is policy discussion on relocating the State Fire Marshal’s Office, SB2211, he said, and some eminent domain bills that would increase base awards by 33 percent. A weekly email to the Commissioners to show tracked bills and testimony will be shared with Cass County and Fargo legislators, he stated.
Mayor Mahoney said he testified for SB2020, the Red River Valley Water Supply project’s budget of $255 million. He said the Governor’s budget for it is at $170 million and with the local money put into it, that makes it up to $340 million spent on the project. He said as far as approval voting, Home Rule Charter is very important to protect and he feels that HB1273 should be opposed; however, he is open to advice.
Commissioner Preston said she would like to see copies of testimony shared with the Commissioners as well as the legislators. She said varying levels of support or opposition could be shown through a letter or statement of position from the Board and/or testimony or a letter from the Mayor. She recommends a strong opposition to HB1273, she said, which goes beyond Home Rule Charter, approval voting was publicly voted on and approved by a large majority in Fargo. She said she would like to see a letter sent from the Mayor showing the Commission is clearly not in favor of the bill.
Commissioner Strand said Fargo makes up 16 percent of the State and its citizens voted on approval voting. He said he feels the legislators should defend the gun issue that changes zoning requirements and forces gun sales in neighborhoods, which he does not feel is defensible. As far as human rights, he said, it is egregious what legislators are doing to marginalized people who already have a difficult time, and then they turn around and express concerns about addictions, substance and suicide rates. Fargo needs to tell the legislators to focus on the highest priorities, he said, and quit doing harm to people who struggle in life.
Mayor Mahoney said in the past the Commission has voted on some types of bills in the Legislature to show the support or opposition, allowing a Commissioner the option to vote against or show the support of the whole Commission. Many times staff puts in testimony, he said; however, there does need to be discussion as a team to see how that can best be handled.
Commissioner Preston said the Board especially needs to let legislators know their stand on any issues to do with local control.
Commissioner Preston moved that the Mayor prepare a letter to the Legislative Committee indicating a position of not supporting HB1273 with the Commissioners having the option of being included.
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.
Commissioner Strand said there are three branches of government; the gun issue has already been taken to District Court, which is the judicial branch, and the City is working with legislators. He said he would encourage open communication with the Governor’s office also, and implore more conscience with some topics and when possible, veto some of these bills. He suggest finding a place and time to have coffee and talk to the legislators.
Mr. Redlinger said there have been gatherings with legislators here in the past and that is a good possibility, likely during crossover. He said he, Matt Garner, ND League of Cities Director, Terry Effertz, Fargo’s Contract Lobbyist and Rocky Schneider are working together to figure out what staff is needed to be sure to stay on top of topics. Now that all bills are submitted, he said, it is known where to focus efforts and see where the level of response should be. Some matters, such as the infrastructure funding, rise up to what he calls the tectonic plate level and require a much larger look, he said, while for some topics staff is able to respond in a more micro level. He said the Commissioners will be kept informed.
Commissioner Piepkorn said regarding the gun sales in neighborhoods, the City prevailed with a judge finding in the City’s favor. He said he feels the City needs to stay on top of that topic.
Assistant City Attorney Ian McLean said the bill is coming up this week and they will be providing commentary.
Commissioner Piepkorn moved that the Mayor prepare a letter to the Legislative Committee indicating a position of not supporting HB1340 with the Commissioners having the option of being included.
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.
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, February 6, 2023.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:05 o’clock p.m.