Fargo City Commission - June 12, 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., June 12, 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: At the Library, Summer Storytime sessions for children are Tuesdays and Wednesdays; residents are encouraged to volunteer at Carlson Library Learning Garden plots Thursdays, a Jigsaw Puzzle Social and Swap will be June 17th; and maps are available at all three libraries for the Fargo History Hunt in Downtown Fargo; the ND State Water Commission approved $4.4 million in grant funding for Fargo’s Regional Water System Distribution Extension Projects; and a video was shown explaining the process utilized to raise chickens in back yards.

Order of Agenda Approved:
Commissioner Strand moved the Order of the Agenda be approved moving Item No. “3” from the Consent Agenda to the Regular Agenda.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Kolpack moved that the Minutes of the Regular Meeting of the Board held on May 30, 2023 and the Special Meeting of the Board held on June 7, 2023 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. Receive and file an Ordinance Amending Section 19-0203 and Enacting Sections 19-0206.1 and 19-0208 of Article 19-02, Amending Section 19-0302 and Enacting Sections 19-0305, 19-0306 and 19-0307 of Article 19-03 of Chapter 19 of the Fargo Municipal Code Relating to the Department of
Forestry - Trees, Parks and Boulevards.
2. 1st reading of an Ordinance Amending Section 11-0209 of Article 11-02 of Chapter 11 of the Fargo Municipal Code Relating to Noise Control and Radio Interference.
3. 2nd reading and final adoption of an Ordinance Amending
Section 1-0305(C)(7) of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations (moved to the Regular Agenda).
4. Agreement (Proximity of Airport and Noise Attenuation) for real property known as Laverne’s Second Addition.
5. Applications for Games of Chance:
a. Landon’s Light Foundation for a raffle on 6/24/23.
b. Aiden New Heart Fund for a raffle on 6/13/23; Public Spirited Resolution.
c. Lend a Hand Up, Inc. for bingo on 7/17/23.
d. Fargo 12U White Baseball Team for a raffle board on 6/23/23-6/25/23.
6. Site Authorizations for Games of Chance:
a. Metro Sports Foundation at Radisson Blu.
b. Sharehouse Inc. at Speck’s Bar.
c. Arc Upper Valley at Suite Shots.
d. Aggie Foundation at Doublewood Lounge, Inc. (O’Clevey’s).
7. Agreement with Jaryn Homiston for the Contractual Multimedia Producer.
8. Easement (Temporary Construction Easement) with Bristol Street Development, LLC (Improvement District No. BR-23-F1).
9. Easement (Temporary Construction Easement) with Alexandra Marie, LLC (Improvement District No. BR-23-F1).
10. Easement (Temporary Construction Easement) with MAO, LLC (Improvement District No. BR-23-F1).
11. Easement (Temporary Construction Easement) with Rail Crossing, LLC (Improvement District No. BR-23-F1).
12. Easement (Temporary Construction Easement) with Fabricators Supply, Inc. (Improvement District No. BR-23-F1).
13. Farm Lease (Oak Grove) with Chad Johnson and Kyle Johnson for property at 5636, 5638, 6054 and 6056 Veterans Boulevard South.
14. Final Balancing Change Order No. 4 in the amount of $36,486.00 for Improvement District No. BN-21-E1.
15. Negative Final Balancing Change Order No. 3 in the amount of -$29,997.04 for Improvement District No. BN-22-N1.
16. Bid award to Ryan Contracting in the amount of $3,631,788.50 for Improvement District No. UN-23-A1.
17. Bid award to Dirt Dynamics in the amount of $449,940.06 for Improvement District No. PN-23-E1.
18. Create Improvement District No. BN-23-C.
19. Change Order No. 1 for a 7-day time extension to the Interim Completion Date for Project No. PR-23-F1.
20. Change Order No. 4 for a time extension to Substantial and Final Completion dates of 6/16/23 and 7/1/23 for Project No. MP-20-A2.
21. Agreement for Professional Services with Houston Engineering for Project
No. NR-24-B0.
22. Contract with Veneklasen Associates, Inc. for the Noise and Vibration Study (RFP23066).
23. Notice of Grant Award from the North Dakota Department of Health and Human Services for Public Health Emergency Preparedness – All Hazards Allocation (CFDA #93.069).
24. Notice of Grant Award from the ND Department of Health and Human Services for Public Health Emergency Preparedness – City Readiness Initiative (CFDA #93.069).
25. Notice of Grant Award Amendment from the ND Department of Health and Human Services Women’s Way Program
(CFDA #s 93.898 and 93.391).
26. Purchase of Service Agreement with Mapleton Public School District.
27. Set June 26, 2023 at 5:15 p.m. as the date and time for a Public Hearing on a dangerous building at 421 15th Avenue North.
28. Resolution Approving the 2023 Action Plan and Amendment to the 2021 Action Plan for the Community Development Block Grant (CDBG) and HOME Programs.
29. Bid award to Swanston Equipment for a 5-year annual trade-in contract for compact track and skid-steer loaders (RFP23042A).
30. Bid award to Swanston Equipment for a 5-year annual trade-in contract for utility work machines (RFP23042B).
31. Bid award to Trenchers Plus Inc. for the purchase/lease of two brush chippers in the amount of $93,750.00 (RFP23101).
32. First Amendment to Contract Between City of Fargo, North Dakota and Ambassador Cleaning for Ground Transportation Center and Metro Transit Garage Custodial Services October 10, 2022 through October 9, 2027.
33. Contract awarded to KLJ, Inc. in the amount of $49,921.17 for a Transit Reorganization Study (RFP20103).
34. Contract and bond for Project No. TM-23-A1.
35. Contract and bond for Improvement District No. BR-23-J1.
36. Bills in the amount of $20,854,888.25.
Second by Preston. On call of the roll Commissioners Kolpack, Preston, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Resident Comments:
Wess Philome spoke on diversity, equity and inclusion within City government and the need for the Police Department to report on how it combats discrimination.

Update on Possible Solutions to Street Racing/Speeding:
Assistant City Administrator Brenda Derrig said at the May 15, 2023 meeting, Engineering and Police Department staff were directed to examine possible solutions to street racing/speeding concerns. She said staff met to discuss the issue and she outlined pros and cons of identified engineering solutions including speed tables, speed cushions, speed humps, lane reductions or narrowing, curb extension, medians, speed feedback signs and signal timing.

Police Chief David Zibolski said enforcement solutions discussed include additional patrol, violation fees such as registration suspension for “fix-it” citations and continuation of extra enforcement efforts and partnerships. He said legislation that was proposed but failed at the last session could be a solution if the next Legislature would approve allowing an owner to identify a driver or face receiving a fine. He said this is in effect in other states. The Police Department will continue to work with Engineering, he said, capturing data on speed counts on problem areas. He said a Traffic Safety Unit could devote full time attention to traffic enforcement, follow-up and concentrate on issues.

Ms. Derrig said the Engineering Department will look at changing the time of certain signalized intersections to earlier in the evening and Traffic Engineer Jeremy Gorden will attend a FHWA Speeding and Speed Management Peer Exchange session, which will be beneficial to see how other cities manage the issues. She said Engineering data on locations and timing can be collected to help the Police Department pinpoint enforcement efforts. She said it may be helpful if complaint calls are directed to Traffic Engineering to obtain information about when and where there are problems and maybe discover if there is a new corridor where there are problems.

Commissioner Kolpack said she encourages solutions sooner than later. She said she supports focus on working with local legislators and legislative outreach regarding fines, violations and restrictions.

Commissioner Strand said some information that may be helpful would be to identify who is racing, where the dangerous driving is happening and when. He said owners need to be responsible for their vehicles and technology such as tracking and cameras could help to identify who is accountable.

Chief Zibolski said technology exists that is able to detect plates, front and back, speed and even secure a picture of the driver; however, in North Dakota that enforcement mechanism is forbidden and would require a legislative change. Currently an officer has to witness a violation, he said.

Hearing on a Zoning Change for Valley View Estates Fourth Addition Continued to July 24, 2023 (4606-4890 Decorah Way South):
A Hearing had been set for April 3, 2023 on a zoning change and plat for Valley View Estates Fourth Addition.
At the April 3, 2023 meeting the Hearing was continued to May 1, 2023.
At the May 1, 2023 meeting the Hearing was continued to this day and hour; however, staff is requesting the Hearing be continued to July 24, 2023.

Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on Monday, July 24, 2023.

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.

Presentation on the Progress of the Growth Plan and Update on Community Engagement Opportunities:
Planning Coordinator Kim Citrowske shared information on the progress of the Growth Plan and opportunities for upcoming community engagement. The consultant team of czb, LLC was contracted through a Request for Proposal process in the Fall of 2022 to facilitate the growth planning process in three phases, she said. As the City responds to its rapid growth, it is important to be sure the Go2030 plan is still relevant, she said. There will be a joint presentation to the City Commission and Planning Commission on Wednesday June 21, 2023 from 11:30 a.m.-1:00 p.m., a Growth Plan Advisory Committee meeting will be held and there are Open Houses planned for June 20th and 21st. A webpage is being developed where community members can learn about the project, she said, and to allow public feedback and surveys incrementally throughout the process. Once the Growth Plan is finished, she said, there will be a transition into a Land Development Code update.

Commissioner Strand said he would like the plans displayed publicly in City Hall, similar to an exhibit last year on racial issues.

Susan Thompson Appointed Interim Finance Director:
City Administrator Michael Redlinger said the Finance Director position for the City is currently vacant and in the interim period before a new Finance Director is identified and placed, the City desires to designate an Interim Finance Director. He said his recommendation is that Assistant Finance Director Susan Thompson be appointed until the start date of a permanent Finance Director. Ms. Thompson has provided nearly 25 years of service to the FARGODOME as its Finance Director, he said, and was recently appointed Assistant Finance Director for the City of Fargo. He said staff, in coordination with the Liaison Commissioner to the Finance/Auditor’s Office, will establish a Selection Committee to screen and interview candidates for the Finance Director position in July.

Mayor Mahoney said Ms. Thompson helped with the budget process last year and is a great addition to the team.

Commissioner Kolpack moved the appointment of Susan Thompson as Interim Finance Director be approved.

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

City Attorney and the Fire Chief Authorized to Develop an Agreement for the Use of City Owned Property at 4630 15th Avenue North:
Fire Chief Steve Dirksen said the Red River Regional Dispatch Center (RRRDC) has been developing plans to construct a new dispatch center and over the past two years, multiple sites have been evaluated. He said the Architect selected provided an evaluation and ranked scoring of four possible sites. The City of Fargo land adjacent to the Public Safety Building, as well as land acquired for a possible fire station were presented as possible site locations, he said. The site that ranked highest was eliminated after the RRRDC Board of Authority could not negotiate acceptable terms for the lease of the land, he said, and at its May 11, 2023 meeting, the RRRDC Board voted to begin design work at the site of the City of Fargo owned land at 4630 15th Avenue North.

Commissioner Kolpack moved the City Attorney and Fire Chief be authorized to develop an agreement for the use of City owned property at 4630 15th Avenue North for the new Red River Regional Dispatch Center.

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.

Staff Directed to Place Financial Reports on the Regular Agenda on a Regular Basis: General Fund - Budget to Actual through May 2023 Received and Filed:
The Board received a communication from Commissioners Strand and Preston stating that with the financial status constantly changing, the Board has accountability to closely monitor finances. They feel the discussion needs to happen around monthly reports received from the Finance Department, they said, and quarterly reports on projected year-end actual revenues and expenses require scrutiny and response where appropriate. Placement on the Consent Agenda does not ensure close monitoring, they stated.

Commissioner Strand said the public needs to know that the Commissioners are paying very close attention to the budget now and those discussions in a public setting are viable.

Mayor Mahoney said all Commissioners are able to talk to staff, the liaison Commissioner or Finance Director and such a change could have been implemented without coming to the Board for a vote.

In response to a question from Commissioner Piepkorn asking why this is necessary since the reports are already on the Consent Agenda and can always be pulled off to the Regular Agenda, Commissioner Preston said she feels it is important enough to be a Regular Agenda item and could easily be missed when placed on the Consent Agenda. She said it is an opportunity to clarify what might not be understood.

Mayor Mahoney said the difficulty with the report is that expenses are relatively stable yet revenue goes up and down. In the past there were mid-year and annual reports that were closely looked at as far as the budget, he said. This is a rolling average, he said, and can be confusing if the revenue stream is not understood. He said the report states it is unaudited and it can be difficult to interpret and a mid-year report is more accurate.

City Auditor Steve Sprague said the report has been on the Consent Agenda for 20-plus years under State law duties of the Auditor requiring a monthly report to the Board. He said current software simply divides revenue by 12 months so adjustments must be made and running the reports prior to April is confusing. In the past, he said, budget allocations were made before the Board received the report to make it look more like what is actually happening. He said the expense side is close to accurate; however, the revenue side may not be totally dialed in. He said it would be helpful if the Board would look at the financial reports ahead of the meetings and let staff know so answers can be prepared.

In response to a question from Commissioner Preston asking why the expense side for staff in some departments, particularly Fire, is lower in the budget, Mr. Sprague said that generally is unfilled positions, much of the budgeted expenses are salary and benefit based and reflect fully funded.

Fire Chief Steve Dirksen said there are some big payments that come later in the year so things get accumulated on one side all year and not expended until September. He said some of it is overtime which seems to explode once summer hits.

Commissioner Strand moved appropriate staff be directed to place financial reports on the Regular Agenda.

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

Second Reading and Final Adoption of an Ordinance Amending Section 1-0305(C)(7) of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations (Moved from the Consent Agenda):
City Attorney Nancy Morris said it was brought to her attention that she had incorrectly cited a “whereas” that is not part of the Ordinance change, which is to add drag racing to the Ordinance itself as a classification which was missing.

Commissioner Preston moved to waive second reading at length of an Ordinance Amending Section 1-0305(C)(7) of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.

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

Commissioner Preston moved that the proposed Ordinance Amending Section 1-0305(C)(7) of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations, which was placed on its first reading May 30, 2023, be now placed on its second reading and a vote taken on the question of its final passage and adoption.

Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Ordinance was duly passed and adopted.

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, June 26, 2023.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.

The time at adjournment was 6:16 o’clock p.m.