Fargo City Commission - March 20, 2023

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 5:00 o'clock p.m., Monday, March 20, 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: An author visit with Deb Watley has been rescheduled for April 1st at Bonanzaville where she will share what she has learned about archeology and how she researches and writes her novels; Family Trivia Night is March 30th at the Main Library; and Beginner Yoga sessions are Thursday evenings through April at the Carlson Library; The Communications and HR Departments have been collaborating on a campaign to recruit for the most challenging jobs; and a video showcasing equipment operator recruitment was shown.

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

Minutes Approved:
Commissioner Piepkorn moved that the Minutes of the Regular Meeting of the Board held on March 6, 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 an Ordinance Amending and Repealing and Replacing Article 18-09 of Chapter 18 of the Fargo Municipal Code Relating Excavation Code.
2. Amendment to the Findings of Fact, Conclusion and Order for property located at 437 23rd Street South.
3. Gaming Site Authorization for Team Makers Club, Inc. (new owners).
4. Applications for Games of Chance:
a. Fargo Lions for a sports pool from 9/11/23 to 1/1/24.
b. Fargo Moorhead Derby Girls for a calendar raffle from 4/1/23 to 4/15/23.
c. Jeremiah Program Fargo-Moorhead for a raffle on 4/21/23.
d. Jolene Brown Benefit and Auction for a raffle on 4/23/23; Public Spirited Resolution.
e. Lincoln Elementary PTA for a raffle on 4/14/23.
f. Warm Blanket Hugs for a raffle on 4/30/23.
g. Warm Blanket Hugs for a raffle board on 5/15/23.
h. Terry Ulness Benefit for a raffle on 3/26/23; Public Spirited Resolution.
5. Extension of a Class “AC” Alcoholic Beverage License for Fargo Moorhead Community Theater d/b/a The Stage at Island Park until 10/1/23.
6. Request from Cass Fargo Emergency Management to apply for the Fiscal Year 2023 State Homeland Security Grant Program to purchase equipment for the Red River Valley Bomb Squad.
7. Change Order No. 1 in the amount of -$5,835.00 and the addition of Interim Completion date No. 1 of 4/1/23 for Project No. FM-22-C2.
8. Change Order No. 1 in the amount of $844.00 and time extension to Milestone No. 2 completion date of 3/15/23 Project No. FM-22-B1.
9. Bid advertisement for Project No. NR-23-A.
10. Bid advertisement for Project No. WA2254.
11. Bid award to Roadway Services Inc. in the amount of $83,520.00 for Project No. PR-23-A1.
12. Bid award to Dakota Underground Company Inc. in the amount of $844,363.50 for Project No. PR-22-B1.
13. Bid award to Master Construction Company, Inc. in the amount of $1,037,200.00 for Project No. SR-23-A1.
14. Bid award to Asphalt Preservation Company, Inc. in the amount of $1,249,429.34 for Improvement District No. PR-23-C1.
15. Contract and bond for Improvement District No. BR-23-B1.
16. Appointment of Facilities Director Bekki Majerus to the Mercantile Condominium Board of Managers as the City’s representative.
17. Resolution Approving Inspection Fees, License Fees, Permit Fees and Reinstatement Fees - Environmental Health (Attachment “A”).
18. CredibleMind Platform License Agreement (SSP23053).
19. Amendment to Notice of Grant Award with the ND Department of Health and Human Services for the Ryan White Part B Program (CFDA #93.917).
20. Addition of Roth 457 options with MissionSquare and Equitable.
21. Services Agreement – Lawn Maintenance Services with Valley Green and Associates (RFP22037).
22. Services Agreement – Landscape Maintenance Services with Valley Green and Associates (RFP19075).
23. Services Agreement – Concrete Utility Cut Repairs with Q3 Contracting, Inc. (RFP19018).
24. First Amendment to Contract for Services with Sentry Security, Inc. (RFP19179).
25. Bills in the amount of $11,581,874.83.

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:
Faith Dixon talked about racism and encouraged the Commissioners to use their seats to promote positive, impactful change.

Presentation by Gate City Bank Regarding the Neighborhood Revitalization Initiative (NRI) Program:
Brandie Haugen, Christina Clark and Pam Kruepke were present from Gate City Bank to introduce their 2023 NRI Program funding.
Ms. Haugen said the NRI Program is a series of programs that work together to improve neighborhood quality and to encourage investment in the City’s existing neighborhoods. She said the deadline to apply for the NRI program is October 31, 2023. She said terms can be 10 or 15 years with a 3 or 3.5 percent interest rate.

Mayor Mahoney said Gate City Bank has been doing this for 18 years and the City appreciates the commitment the bank has made to the community.

Presentation of the 2050 Baseline Demographic Forecast and Annual Metro Profile:
Adam Altenburg, MetroCOG, said studies recently completed are the 2050 Baseline Demographic Forecast and 2022 Metro Profile and both have impacts and provide valuable information on demographics and socio-economic trends. The Baseline Demographic Forecast is completed every five years, he said, and is used to devise population, household and employment forecasts in five-year increments over a 25-year planning horizon. Strategic planning documents for schools were looked at, he said, as well as social services, housing, development and economic development groups and the Chamber. He explained variables, constants and inputs for how model estimations are derived and said the population for the Fargo Moorhead metropolitan area is projected to grow from 249,000 in 2020 to 357,322 in the next 30 years.

Ari Del Rosario, MetroCOG, reviewed the Annual Report of the Metropolitan Profile 2022 and said it is a snapshot of the metro area based on data from the previous year. He gave an overview of each of the five sections: Community Profile, Overview, Demographics, Employment and Housing. He shared data on roadways, freight, rail and air, bike and pedestrian counts and transit.

Resolution Adopted Declaring No Protests on Resolution Annexing Portions of Section 15 and 22, T140N, R49W of the Fifth Principal Meridian, Cass County, North Dakota Containing 231.70 Acres (North and West of Current Fargo City Limits):
Assistant Planning Director Mark Williams said the Hearing is to determine the sufficiency of protest for annexation; no protests have been received. He said the City has been working to install 16-inch water mains through the area, the primary reason for annexation; however, there is interest in property owners to begin development in the area.

Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, A Resolution of Annexation was published, as required by law, in the official newspaper for the City of Fargo on February 15 and 22, 2023, annexing approximately 231.70 acres of land located in the Northwest 1/4, Southwest 1/4 and Southeast 1/4 of Section 15 of all Portions of the Northeast 1/4 and Northwest 1/4 of Section 22, all in Township 140 North, Range 49 West; and
WHEREAS, The Board of City Commissioners finds and declares that no protests have been filed with the City Auditor's Office after publication of the Annexation Resolution adopted by the Board of City Commissioners on February 6, 2023.
NOW, THEREFORE, BE IT RESOLVED, That the tract of land described in said Resolution of Annexation be and the same is hereby annexed to, made part of and included within the corporate limits of the City of Fargo, Cass County, North Dakota, and that the City Auditor's Office be and is hereby directed to record said annexation plat in the Cass County Recorder’s Office in Fargo, 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.

Public Hearing on Proposed Amendment to the 2022 HUD Action Plan:
A Hearing had been set for this day and hour to consider an Amendment to the 2022 HUD Action Plan.

Community Development Planning Coordinator Tia Braseth said the Planning and Development Department staff are proposing an Amendment to the 2022 HUD Action Plan, originally approved by the City Commission on May 2, 2022. She said the proposed Amendment further defines details of an Affordable Single-Family Housing for Ownership project as: 2022 Annual Action Plan – Project Site and Scope Identified for “Affordable Single-Family Housing for Ownership” Project: Lake Agassiz Habitat for Humanity: Proposed location identified at 2790 10th Avenue North (formerly 921 28th Street North). The activity would include new construction of a single-family home. The proposed budget for this unit is $200,000.00. She said this is a Public Hearing only, final consideration of the 2022 Action Plan Amendment is scheduled for April 17, 2023.
Mayor Mahoney closed the Public Hearing.

Annual Review of F-M Ambulance Inc. d/b/a Sanford Ambulance-Fargo:
Tim Meyer, Senior Director of Sanford Ambulance, reviewed the 2022 City of Fargo 911 Response Data Review. He said there are 136 team members,123 of them are patient care providers and 16 are dispatchers. He said Sanford Ambulance is the only accredited ambulance service in North Dakota and one of 20 Mission Lifeline Gold Plus status EMS providers. He shared response data by month and the volumes, dispositions, impressions and destinations.

In response to a question from Commissioner Strand asking why people refuse ambulance services, Kathy Lonski, Sanford Ambulance, said in many cases it is someone else who called 911, they do not have insurance or want an opinion on whether they can wait to see their provider. She said since the pandemic they have seen an increase in behavioral health calls.

Mr. Meyer said dispatchers ask questions to determine response. He said there were 328 overdoses of some sort of medication in Fargo last year. Workforce issues have affected some of their services, he said, and volume has grown each year and they are using strategies to augment staffing. Scholarships are available, he said, and next year an academy is planned, allowing some paramedics to have full tuition and be paid schooling.

Police Department Updates and Crime Statistics Presentation:
Police Chief David Zibolski shared a Power Point presentation comparing 2021 to 2022 crime numbers, overdoses, mental health calls for service, victim advocate and crime free housing position and vacancy report/academy updates. Overall, he said, numbers are positive and he gave details. Now more detail allows analysis of mental health calls, he said, and shows 26% of nearly 1,000 mental health calls were the result of the same 10 individuals. He said some of these people have significant issues and need something beyond what is available, such as long-term mental health care and addiction treatment. Overdoses and drug related fatalities are a concern and the level of supplies of illegal drugs seems unabated, he said. The source of much of it is the southern border, he said; however, some is coming in over the northern border. Future plans include adding civilian positions as Victim Advocates and a collaboration with the Planning Department for a Landlord/Tenant position, he said.

Commissioner Strand suggested a community-wide approach be considered similar to the 2016 Blue Ribbon Commission.

Director of Public Health Desi Fleming said there is a plan for the Opioid litigation funds that includes a coalition aspect. She said the Harm Reduction Center works with education, safety and referrals, so some of that work is happening and it will continue to grow.

At 6:08 p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Presentation of the Diversity, Equity and Inclusion (DEI) Department’s Action Plan:
Director of Diversity, Equity and Inclusion Terry Hogan outlined the 2021-2022 activities and Strategic Plan and said the first year was comprised of meeting community members, conducting an environmental scan of City staff and embarking on a strategic plan. He said recommendations include professional development for staff and improvements to the DEI website. He outlined proposed achievements in the 2023 DEI Plan and buy-in strategies and accountability mechanisms, including an internal DEI Committee.

Ahmed Schiil, DEI Coordinator, said the DEI Department is in the process of making the DEI website more accessible to the public.
Commissioner Kolpack asked that identifiable objectives and metrics be included in the Strategic Plan.

City Administrator Michael Redlinger said there will be some budget impacts and new dollar requests which will need to be identified in the 2024 preliminary budget. Some activities are underway that will be more of a time function, he said, and the proposed internal committee will be a priority.

Commissioner Strand said he feels there is more room to really drill down for a sense of who is in the community and the challenges implied.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Achieve Revenue Center Inc., 823 9th Street North (5 years).
b. Brandon and Danielle Schott, 3538 11th Street South (5 years).
c. Daniel and Sarah Deutsch, 1602 41st Avenue South (5 years).
d. Cathy Orcutt, 2215 11th Street South (5 years).
e. Cullen Thiss, 1115 11th Avenue North (5 years).
Commissioner Piepkorn moved the applications be approved.

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.

Reappointments to the Civil Service Commission Approved:
The Board received a communication from Mayor Mahoney recommending that Nancy Jordheim and Mike Wenaas be reappointed to the Civil Service Commission.

Commissioner Preston moved Nancy Jordheim be reappointed to the Civil Service Commission for a partial term ending September 30, 2023 and Mike Wenaas be reappointed to the Civil Service Commission for a three-year term ending June 30, 2025.

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

Legislative Update:
City Administrator Michael Redlinger reviewed some bills of interest that are working their way through the ND Legislature. He said Mayor Mahoney and Commissioner Kolpack traveled to Bismarck to give in-person testimony on HB 1273, approval and ranked choice voting. He said that bill and the library content restriction and regulation bill, HB 1205, are waiting for Committee action.

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, April 3, 2023.

Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:42 o’clock p.m.