Board of City Commissioners - January 9, 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 9, 2023.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.
The Mayor read a message with the following information: January is Cervical Health Awareness Month; at the Library, the monthly Paws for Reading event is January 14th and an Online Book Party is January 19th; a common phone call to the Water Treatment Plant in winter is questions about cloudy tap water, which is caused by air escaping from water when using a faucet or other in-home plumbing fixture; and a video was shown featuring the Geographic Information Systems Division.

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 27, 2022 be approved as read.

Second by Preston. 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. Letter of Support for the LADs, LLC project to the ND Opportunity Fund.
2. Amendment to the Findings of Fact, Conclusions and Order for the property located at 509 21st Street North.
3. Access Easements (Street, Flood Protection Levee, Storm Sewer and Access Road) with Southeast Cass Water Resource District (Project No. BN-22-C1).
4. 2022 CIP revisions.
5. Awarding of the Master Services Agreements to JDP Electric, Parsons Electric and Sun Electric Inc. for Electrical Services (RFP23014).
6. Awarding of E-Procurement Software from Bonfire Interactive for three years in the amount of $53,445.00 (RFQ23031).
7. Awarding of the construction contract for the addition to Fire Station No. 2 to Meridian Commercial Construction in the amount of $329,000.00 (AFB22182).
8. Purchase of Service Agreement with the ND Department of Health and Human Services, Behavioral Health Division for opioid or stimulant misuse prevention activities.
9. Amendment to Purchase of Service Agreement with the ND Department of Health and Human Services for substance abuse prevention activities and strategies.
10. Agreement for Provision of Health Services for Cass County.
11. Eide Bailly End-User Agreement.
12. Change Order No. 1 in the amount of $10,920.00 for the Dangerous Building located at 437 23rd Street South (QF22113).
13. Agreement with Fargo Moorhead Towing for junk vehicle removal.
14. Resolution Approving Plat of Westrac Fourth Addition (Attachment “A”).
15. Consulting Agreement with czb, LLC for the Growth Plan (RFP22106).
16. Agreements with the following for 2023 contracted Forestry Services:
a. Cougar Tree Care, Inc. for Tree and Stump Removal Services.
b. All-Terrain Grounds Maintenance for Landscape Maintenance
Services.
c. Paul Bunyan Nurseries for Tree Injection Services.
17. Mass Transit Agreements with the City of West Fargo for 2022 and 2023.
18. Bills in the amount of $13,251,129.80.

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.

Memorandum of Offer to Landowner for Permanent Easements (Sanitary Sewer Easement, and Street and Utility Easement) Approved (Improvement District No. SN-22-A1):
Commissioner Kolpack moved the Memorandum of Offer to Landowner for Permanent Easements (Sanitary Sewer Easement, and Street and Utility Easement) with Lisa M. Madsen in association with Improvement District No. SN-22-A1 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.

Fargo Cass Public Health Update:
Dr. Tracie Newman, Health Officer for Fargo Cass Public Health (FCPH), gave an update on flu, COVID and RSV numbers in Cass County as well as COVID vaccine rates, in addition to information on recent outbreaks of measles in Ohio and Minnesota due to unvaccinated children.

Application Filed by ZaChase LLC d/b/a Crafty Taps for a Class "CW" Alcoholic Beverage License and Liquor License Agreement Approved:
A Hearing had been set for December 27, 2022 on the application filed by ZaChase LLC d/b/a Crafty Taps for a Class "CW" Alcoholic Beverage License at 3902 13th Avenue South.
At the December 27, 2022 Regular Meeting, the Hearing was continued to this day and hour.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said a liquor license Agreement was needed for this application until Ordinances can be updated to address the new technology of self-serving taps. He said there are a number of Ordinances throughout the country that cover self-serve taps and the City Attorney found Hopkins, Minnesota has an Ordinance that closely models what is being proposed in Fargo. The owners have decided to not offer growlers, he said; therefore, the “M” part of the license was not needed and the application now is just for a “CW” license. He said the business will be located in the West Acres food court in the former Lighthouse Coffee area. The license does not require food sales, he said, although customers will be allowed to bring food in from the food court area. Per the license type, he said, customers must consume the alcohol on the premises, not in the mall, and all customers who enter must be age 21 and older due to the fact that no food will be served. It is a unique concept, he said, where a card is filled with the number of ounces a customer intends to consume with a maximum of 32 ounces of beer and 10 ounces of wine. He said the Agreement also states if the business is modified without approval from the City, the license could be revoked.

Commissioner Piepkorn said his concern was would there be adequate staff with server training to be sure customers are monitored and alcohol is not being transferred out to other people. He said the owners have assured him that these issues have been addressed.

In response to a question from Commissioner Preston asking if the self-serve taps could ever be used to serve hard liquor, Mr. Sprague said with this particular establishment, the taps are limited to serving only beer and wine.

In response to a question from Commissioner Preston asking if the “CW” license is a new category, Mr. Sprague said it is a combination of two licenses where “C” is beer and “W” is wine.

In response to a question from Commissioner Preston asking about simplifying the license categories, Mr. Sprague said that is a longer-term goal that will require a lot of discussion. He said every license classification was made for a reason; therefore, Liquor Control will have to ask if those reasons are still valid.

Commissioner Kolpack said West Acres management reached out and is supportive of this business.

In response to a question from Commissioner Strand asking what is the definition of a licensed premise, Mr. Sprague said it is where the alcohol is sold. He said the City has an Ordinance stating alcohol cannot be consumed in a public space, which would prohibit consuming alcohol while walking in the mall.
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.

Presentation on City of Fargo Hiring Practices:
Director of Human Resources Jill Minette and Human Resources Manager Jen Kraiter outlined the City’s hiring practices, including information on diversity within the City’s workforce.

In response to a question from Commissioner Strand asking how the City knows the diversity of people applying for jobs and the City should have a workforce that reflects its population, Ms. Minette said recruiting is key and making sure the City is accessible to everyone in the community.
She said also actively recruiting within the region or nationally if there is a position that warrants that type of a search. She said with the Equal Employment Opportunity Commission (EEOC) reporting there are limited aspects of diversity the Human Resources Department can track. She said Human Resources is required to report certain facts to the EEOC; however, the hazard is if the City asks questions on other aspects of diversity, the perception is the City is going to use that information in an improper way. She said any other information above EEOC requirements is given voluntarily.

In response to a question from Commissioner Strand asking about Affirmative Action, Ms. Minette said employers have Affirmative Action plans if they are mandated under certain programs such as receiving certain funds from the Federal government or if an employer had a finding by the EEOC and are required to enter into an Affirmative Action program. Typically, she said, employers focus on recruiting efforts and being accessible, and looking to members of the community and organizations for assisting and boosting recruiting efforts. She said generally employers do not enter into Affirmative Action plans or programs unless required.

In response to a question from Commissioner Preston asking if the City is reaching out to local college job fairs and diversity job fairs as well as outside the Fargo area, Ms. Minette said the Police Department is recruiting within the region and inside New American communities.

Commissioner Preston said when hiring the Diversity, Equity and Inclusion (DEI) Director, one of the parameters was giving suggestions about the City’s website to improve diversity. When asked if that analysis has been done, Ms. Minette said she did not know.

Commissioner Strand said a refugee is asked when applying for a job if they are a U.S citizen, what is their background and work history and many cannot get past those basic questions. He asked how does the City overcomes that for those candidates so they still have a chance, Ms. Minette said the City would have to work with applicants on an individual basis in order to employ any person to be eligible for employment in the U.S.
She said the City cannot legally employ someone who is not eligible for employment in the U.S. She said a person does not have to be a U.S. citizen; however, a work visa is needed.

In response to a question from Commissioner Strand asking if there is a job opportunity and there is no diversity with the applicants being considered, does the application process stop or do you go back and look for additional applicants, Ms. Minette once there is a qualified pool of applicants, the process is not stopped or redone. She said the City does not ask nor can it ask about diversity when someone applies for a job.

Mayor Mahoney said the City needs to be competitive, offer good wages and benefits, and getting recruits who are properly trained to take the job. He said Human Resources is going to work with the Chamber on a program which helps people qualify for a job.

Commissioner Strand said he would like to see a chart that shows the diversity of the workforce compared to the diversity of the City.

2022 Downtown Fargo Business Improvement District Overview:
Downtown Community Partnership (DCP) Executive Director Cindy Graffeo said the DCP administers the Business Improvement District (BID) on behalf of the Downtown business owners and City of Fargo. She said the BID has been in place since 2012 and in 2017 the level of service was drastically elevated and BID’s work zones have steadily increased since that time, including the expansion of Zone One to meet requested services in Roberts Alley and anticipated increased demand of services for Main Avenue businesses. She said the BID works to improve and enhance the overall attractiveness and appeal of the Downtown by making sure it is clean, safe, maintained and properly promoted, including graffiti removal, hospitality, infrastructure wipe-downs, power washing, recycling and trash pick-up. The City Commission contracts the BID, she said, who works with a Business Advisory Committee to hire an operations manager and that individual hires staff. A Business Advisory Committee consists of representatives from each of the zones for equal representation, she stated, and staff works in a tiered zone system. She said total expenses in 2022 were $651,102.00 and in 2023, total expenses are anticipated to be more than $819,000.00 due to additional staffing that will be needed to meet the current and anticipated demand, competitive wages to address recruitment challenges and new snow removal equipment. Other expenses will be Zone One amenities and signage on Main Avenue, she said, which is a major entrance to the Downtown area.

In response to a question from Commissioner Strand, asking what is the location of the DCP office, Ms. Graffeo said the office is currently above the Civic Center and will be moving to the Black Building on Broadway sometime in 2023.

In response to a question from Commissioner Preston asking how many staff members does the DCP employ, Ms. Graffeo said there are three office staff employees and a BID operations manager who oversees a crew of about seven who work peak and off-peak hours.

Update on Federal Aid Transportation Project Applications for Years 2026 and 2027:
Transportation Division Engineer Jeremy Gorden said this update is informational and he will come back to the City Commission in two weeks for a decision regarding projects Engineering wants to submit to MetroCOG for the Surface Transportation Block Grant Program for Federal fiscal years 2026 and 2027. He said the Block Grant Program replaces what used to be the Urban Roads Program that the City coordinated with the Local Government Division of the North Dakota Department of Transportation. MetroCOG has indicated there is $4.3 million available in 2026 and $10.5 million in 2027, he said, and the current Federal Aid Transportation Projects for 2024 to 2026 are: 32nd Avenue South from 22nd Street to University Drive; the 42nd Street Bridge over I-94; the 36th Street Bridge over Drain 27; the Broadway Bridge over the Red River, which is a collaboration project with Clay County; and the Pedestrian Bridge over the Red River at 40th Avenue South, which is a collaboration project with the City of Moorhead. He said Engineering staff has discussed these programmed projects and discussed future projects, and the following is what is recommended: In 2026, add $1.2 million to the Broadway Bridge project and the remaining $3.1 million would go to the 32nd Avenue South reconstruction project; in 2027, add $2.4 million to the 40th Avenue South Pedestrian Bridge and the remaining $9.08 million would go to a full street reconstruction project on 17th Avenue South from University Drive to 25th Street. He said for a future 2028 Federal allotment, there will be a project on 1st Avenue North from 3rd Street to University Drive with a construction cost to be determined. He said he will reach out to Clay County and the City of Moorhead to verify their positions on matching funds and he will have more information at the next City Commission meeting.

Mayor Mahoney said the Broadway Bridge is a shared cost with Clay County and Moorhead is interested in the 40th Avenue South Bridge, which will connect to Bluestem; however, the difficulty is funds from Moorhead may be hard to get due to the fact that Moorhead is preparing for the construction of another major underpass.

In response to a question from Commissioner Strand asking if the Broadway Bridge will be reconstructed out of the flood plain or in the flood plain, Mr. Gorden said the plan is to rebuild it in its current location, which is in the flood plain.

Mayor Mahoney said the bridge will flood for two to three weeks out of the year and it will cost $20 million to bring it out of the flood plain and take out a neighborhood and housing, versus spending $6 million to rebuild it at its current height. He said the bridge will be usable after closing for two to three weeks during a flood and considering traffic volumes, the $6 million approach is more reasonable.

Commissioner Piepkorn said he would not support building the Broadway Bridge where it is currently located and all infrastructure should be built complimentary to the Diversion. He said the City should not build a bridge that floods.

Mayor Mahoney said traffic volumes on the 12th Avenue North Bridge do justify bringing that bridge out of the flood plain.

Commissioner Preston said construction costs keep going up and a strong ROI analysis and traffic count needs to be done on the Broadway Bridge, considering there is another bridge a half mile away.

Mr. Gorden said there is a another bridge near the Broadway Bridge, which is another reason the City would not want to spend $20 million on one so close to another crossing; however, it would be flooded. He said there is plenty of time to have discussions about the bridge as it will not be bid until 2026 and built in 2027. He said the bid to demolish the Broadway Bridge will go out later this month and demolition will happen sometime in 2023.

Mayor Mahoney said the City has a Federal grant for the 12th Avenue North Bridge and the City is hopeful to get more funding to bring it out of the flood plain. He said more discussions are needed on the Broadway Bridge with revamped traffic counts and ROI information to see what makes sense and what engineers recommend.

Appointments to the Board of Health Approved:
The Board received a communication from Mayor Mahoney stating the City Commission recently passed Resolutions relating to the qualifications and responsibilities of the Board of Health as well as setting the maximum membership at nine. Based on the recently passed resolutions, he said, he recommends appointing the following: Dr. Avish Nagpal, Dr. Grant Syverson and Jayme Steig to three-year terms ending December 31, 2025; Lyn Telford, Kayla Nelson and Nyamal Dei to two-year terms ending December 31, 2024; and Commissioner Arlette Preston, Mayor Bernie Dardis and Cass County Commissioner Tony Grindberg to one-year terms ending December 31, 2023. Once these initial terms have lapsed, he said, each term will be for three years moving forward.
Commissioner Preston moved to terminate the terms of the current members of the Board of Health, effective January 9, 2023, and to approve the following appointments: Dr. Avish Nagpal, Dr. Grant Syverson and Jayme Steig, three-year terms ending December 31, 2025; Lyn Telford, Kayla Nelson and Nyamal Dei, two-year terms ending December 31, 2024; and Commissioner Arlette Preston, West Fargo Mayor Bernie Dardis and Cass County Commissioner Tony Grindberg, one-year terms ending December 31, 2023

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.

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

Commissioner Strand moved that the Board adjourn to 5:00 o’clock p.m., Monday, January 23, 2023.

Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:23 o’clock p.m.