Fargo City Commission - May 15, 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 4:30 o'clock p.m., May 15, 2023.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

Mayor Mahoney announced that the Board of City Commissioners will retire into Executive Session for the purpose of attorney consultation regarding reasonably predictable litigation pertaining to enactment of HB 1340 and HB 1205, and further discussing the risks, strengths or weaknesses of an action of the public entity in an open meeting will have a negative fiscal effect on the bargaining and/or litigation position of the City of Fargo. Thus, an Executive Session for said matters is authorized pursuant to North Dakota Century Code §44-04-19.1 subsection 2.
Commissioner Kolpack moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC, Section 44-04-19.1(2) to discuss said pending litigation matters.
Second by Piepkorn. All the Commissioners present voted aye and the motion was declared carried.

At 4:31 o’clock p.m. the Board moved to the Red River Room to discuss said matters in Executive Session.
Present: Kolpack, Piepkorn, Preston, Strand, Mahoney.
Absent: None.

The Executive Session closed at 5:16 o’clock p.m. and the meeting reconvened in public session at 5:18 o’clock p.m.

The Mayor read a message with the following information: Work will begin in early June on the stretch of NP Avenue from 10th to 8th Street; a two-week trial is planned at 8th Street and NP, and at Broadway and NP using stop signs at the intersections vs. traffic signals; four-way stop controlled intersections will be installed at 8th Street and at Broadway setting signals to all-way flash red; the Library is hosting a spring plant swap tonight, and beginner yoga at 6:00 p.m. Thursdays this month at the Carlson Library. The Mayor asked for a moment of silence respecting Mark Bittner who was a longtime City Engineer and passed away May 12th. May is Mental Health Awareness Month and a video titled ‘Faces of Suicide’ was viewed including a recap of the event on May 2, 2023, a news conference that included Fargo Cass Public Health, the Fargo Police Department and the 4-6-3 Foundation.

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 Preston moved that the Minutes of the Regular Meeting of the Board held on May 1, 2023 be approved as read.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.

Consent Agenda Approved:
Commissioner Preston moved the Consent Agenda be approved as follows:

1. 1st reading of an Ordinance Amending Section 21.1-0102 of Article 21.1-01 of Chapter 21.1 of the Fargo Municipal Code Relating to the International Residential Code.
2. 2nd reading and final adoption of an Ordinance Amending Section 25-1509.2 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Restrictions on Sale to Obviously Intoxicated Person and an Ordinance Amending Section 25-1512 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Licenses – Termination, Suspension, Revocation and Sanctions; 1st reading, 5/1/23.
3. 2nd reading and final adoption of an Ordinance Amending Section 25-1501 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Definitions and an Ordinance Amending Section 25-1506 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Licenses – Classifications and an Ordinance Amending Section 25-1507 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to License – Fees – Seasonal Licenses; 1st reading, 5/1/23.
4. Settlement Agreement and Release with Citizens for a Clean Environment, LLC.
5. Receive and file Summons in the matter of Danial Ray Curtis vs. City Fargo, Fargo Building Inspector Shawn Ouradnik, Dr. Tim Mahoney and Fargo City Commissioners.
6. Applications for Games of Chance:
a. Tri-City Storm Soccer Club for a raffle on 7/21/23.
b. Elevate Rock School for a raffle on 7/29/23.
c. Fargo Moorhead Derby Girls for a calendar raffle from 6/3/23 to 6/24/23.
d. Provost Guard for a raffle on 9/14/23.
e. United Way of Cass-Clay for a raffle board on 6/6/23.
f. Family Wellness LLC for a raffle on 5/18/23.
g. Bethany Retirement Living for a calendar raffle from 5/20/23 to
12/31/23.
7. Site Authorizations for Games of Chance:
a. Roy Chandler Post 762 at the VFW Club.
b. Fargo Post 2 Baseball Club at Herds and Horns.
c. Fraser, Ltd. at Space Aliens.
d. Fraser Ltd. at Golf Addiction.
e. Metro Sports Foundation at Twin Peaks.
f. Special Olympics North Dakota at Rooters Bar.
g. Team Makers Club, Inc. at FARGODOME.
h. Team Makers Club, Inc. at Sanford Health Athletic Complex – Scheel’s
Arena.
i. Team Makers Club, Inc. at King Pinz.
j. Team Makers Club, Inc. at Lucky’s 13 Pub.
k. Team Makers Club, Inc. at Frank’s Lounge.
8. Memorandum of Understanding for Storm Sewer Management with Cass County.
9. Contract Amendment No. 1 with Houston Engineering, Inc. in the amount of $310,500.00 for Project No. NR-23-A0.
10. Bid advertisement for Project No. UN-23-B.
11. Addition of Improvement District No. PR-23-G1 to the 2023 CIP.
12. Memorandum of Offer to Landowner for Permanent Easement (Storm Sewer) with Lee Olsen and Edie Holcomb, Trustees of the Olsen and Holcomb Living Trust (Improvement District No. BN-23-C1).
13. Temporary Access Easements with JASL, LLC and 303 Broadway, LLC (Improvement District No. BR-23-C1).
14. Create Improvement District No. PR-23-G.
15. Create Improvement District No. UR-23-A.
16. Bid award to Master Construction Company, Inc. in the amount of $2,506,678.00 for Improvement District No. BR-23-H1.
17. Bid award to FM Asphalt LLC in the amount of $1,616,974.05 for Improvement District No. PN-23-A1.
18. Bid award to Opp Construction LLC in the amount of $177,820.50 for Improvement District No. PN-23-C1.
19. Rejection of bids for Improvement District No. TN-23-A1.
20. Contract and bond with Key Contracting, Inc. in the amount of $9,673,607.50 for Project No. NR-23-A2.
21. Sole Source Procurement with Impact Security, LLC for ballistic protection at the Fargo Police Department (SSP23094).
22. 60-day extension of FMLA leave for Fire Captain Keith Johnson.
23. Change Order No. 1 for an increase of $7,871.36 and a decrease of $821.00 for the Fire Station No. 2 addition (AFB22182).
24. Bid awards for Fire Station No. 8 Construction (ITB23050):
a. General construction contract to Ledgestone, Inc. in the amount of $3,504.720.00.
b. Mechanical construction contract to Manning Mechanical, Inc. in the amount of $1,247,500.00.
c. Electrical construction contract to Grotberg Electric, Inc. in the amount of $591,000.00.
25. Resolution Approving Plat of The District of Fargo Fifth Addition (Attachment “A”).
26. Receive and file Bias Motivation and Hate Crime Report for April 2023.
27. 2023 Mosquito Control Agreement City of Fargo and Cass County Government.
28. Task Order Amendment No. 2 with Stantec in the amount of $48,110.00 for Project No. SW22-01.
29. ND Department of Transportation Amendment to Contract Nos. 38190973, 38190959, 38221258 and 38201125, for enhanced mobility of seniors and individuals with disabilities.
30. Sewer Agreement, Memorandum of Sewer Agreement and Petition for Annexation with Renae Rohl for property located at 9302 25th Street South.
31. Bid award to R&R Excavating, Inc. in the amount of $2,114,031.00 for Project No. WA2254.
32. Change Order No. 1 to Contract No. 1 (General Construction) in the amount of $52,831.74 for Project No. WA2152.
33. Extension to Water Tower Lease Agreement with New Cingular Wireless.
34. Bills in the amount of $7,810,972.80.

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

Resident Comments:
Wess Philome spoke against using public dollars for parking ramps.

Annexation of Property Located in the Northeast Quarter of Section 15, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota: No Protests Received:
A Hearing had been set for May 1, 2023 on a petition for Annexation of property in the Northeast Quarter of Section 15, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota.
At the May 1, 2023 Regular Meeting, the Hearing was continued to this day and hour.
Notice was published in the official newspaper for the City of Fargo, as required by law, on May 3, 2023 stating that a petition had been filed with the City of Fargo for annexation part of the Northeast Quarter of Section 15, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota.
No protests have been filed with the City Auditor’s Office after publication of the Notice.
The Board determined that no person is present to protest or offer objection to the annexation petition.

Current Planning Coordinator Donald Kress said the petition for annexation was brought forward by the landowner and the only other owner is the City of Fargo, which owns a 0.37 acre parcel that will be dedicated as right of way.

Commissioner Preston moved the Annexation of property located in the Northeast Quarter of Section 15, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota be approved.

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

First Reading of an Ordinance Annexing a Certain Parcel of Land Lying in a Portion of the Northeast Quarter of Section 15, Township 140 North, Range 49 West of the 5th Principal Meridian in Cass County, North Dakota:
Commissioner Preston moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Annexing a Certain Parcel of Land Lying in a Portion of the Northeast Quarter of Section 15, Township 140 North, Range 49 West of the 5th Principal Meridian in Cass County, North Dakota be placed on first reading.

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

Parcels of Land in Dakota Commerce Center North Addition Rezoned (5100 37th Street North and 4201 County Road 81 North):
A Hearing had been set for May 1, 2023 on a zoning change and plat for Dakota Commerce North Addition.
At the May 1, 2023 meeting, the Hearing was moved to this day and hour.
At Hearings held on August 2, 2022 and October 4, 2022 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to LI, Limited Industrial.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Current Planning Coordinator Donald Kress shared visuals of the subject property and where streets will be dedicated. He said the plat creates seven lots in one block and there are no internal streets so the applicant was required to provide some cross access easements. There is a subdivision waiver for block length, he said, and the cross access easements will be maintained internally by the property owner.

Commissioner Kolpack offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

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

First Reading of an Ordinance Rezoning a Certain Parcel of Land Lying in Dakota Commerce Center North Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Kolpack moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land o be placed on first reading.
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.

Resolution Adopted Approving Dakota Commerce Center North Addition:
Commissioner Kolpack offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Dakota Commerce Center North Addition” containing 7 Lots, 1 Block, and 112.14 acres of land more or less, located at 4201 County Road 81 North and 5100 37th Street North; and
WHEREAS, A Hearing was held August 2, 2022 and October 4, 2022 by the Fargo Planning Commission, and notice of such Hearings had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on April 19 and 26, 2023 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., May 1, 2023 at which time said Plat would be considered and all interested persons would be heard. At the May 1, 2023 City Commission meeting, the Hearing was continued to May 15, 2023 at which time said Plat would be considered and all interested persons would be heard.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “Dakota Commerce Center North Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Application Filed by Corvent Medical, Inc. for a Five-Year Property Tax Exemption Approved (400 45th Street South, Suite 400):
A Hearing had been set for May 1, 2023 on an application filed by Corvent Medical, Inc. for a Property Tax Exemption for a project to be located at 400 45th Street South, Suite 400, which the applicant will use for the manufacturing of medical ventilators, warehousing ventilators and accessories used with ventilators.
At the May 1, 2023 meeting, the Hearing was continued to this day and hour.
No written protests have been filed for the attention of the Board.

City Assessor Mike Splonskowski said the applicant is requesting a five-year new industry tax exemption for a project certified as primary factor and the Economic Development Incentive Committee recommends approval of the incentive.

Ryan Aasheim, Greater Fargo Moorhead Economic Development Corporation, said this is the type of company they are excited to be bringing here. Their specialty, he said, is unique ventilator technology. He said they located in the NDSU Research and Technology Park in January 2022 developing their next-generation systems and their growth plan included expanding into manufacturing space.

In response to a question from Commissioner Piepkorn asking him to speak to the economic diversity in the community, Mr. Aasheim said recent data shows Fargo is one of the top 385 communities and in the 19 percent for economic diversity.

Richard Walsh, CEO of Corvent Medical Inc., said they had eight employees and now have twenty with eight NDSU interns and a software engineer starting today. Corvent Medical ships medical ventilators all over the world, he said, and are preparing to submit approval from the FDA for their next-generation ventilator. He said manufacturing, warehousing, and research and development will move into Fargo and go from 2,500 square feet to 17,500 in the next 90-120 days. He said they will add about 25 jobs in the next 24 months, growing to 80 full-time employees over the next four to five years.

Wess Philome said when businesses are granted tax exemptions citizens foot the bill. With economic conditions tightening, he said, those barely making it are in need of City government resources. The businesses will grow just fine, he said, and this takes resources from schools, children, mental health and poor people.

Commissioner Kolpack disclosed that she was on the Board of the EDC at the time negotiations started with this company; however, she is not on the Board now nor does she have any financial gain from this company coming to Fargo.
Commissioner Strand moved that Commissioner Kolpack be allowed to participate freely.
Second by Preston. There was unanimous approval.

Mayor Mahoney said this company provides good paying jobs and allows economic growth, plus the City will garner taxes from this company well beyond the incentive and that helps all the people. The City does a variety of things for the poor in the community, he said, and along with the Public Health Department, more is being done for addiction issues.

Commissioner Piepkorn moved that the application filed by Corvent Medical, Inc. for a five-year 100% new industry property tax exemption pursuant to Chapter 40-57.1 NDCC be approved.

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

Discussion regarding Outdoor Amplified Sound Permits:
City Administrator Michael Redlinger said he, City Auditor Steve Sprague and PD Captain Chris Helmick have visited internally and with the City Attorney’s office about the City restrictions on outdoor amplified sound permits. One every 30 days is allowed for a given location; however, as part of the Emergency Declaration related to COVID, the Board raised that limit to five permits every 30 days. Since the Emergency Declaration has expired, he said, the number of permits returned to one every 30 days. Jade Neilson of Jade Presents requested the number of permits be increased to the pandemic levels, and initially staff thought it could be addressed in the rewrite of the sound ordinance, he said. Increased number of allowed permits would assist businesses hosting events, he said; however, there are downfalls such as the potential of additional noise pollution, straining PD resources and increasing the number of complaints. The change would apply across the City, he said, not only for Jade Presents. Options the Board could consider is to increase the number of permits from one to a higher number, he said, or keep the Ordinance in place until a comprehensive Noise Ordinance rewrite can be completed. This is a matter separate from the noise and vibration study RFP underway, he said, which is specific to Broadway and street performance matters, he said.

Commissioner Kolpack said there is the issue of straining Police resources and increasing the number of complaints. She said she supports getting through the noise study before making changes to the existing Ordinance. Although the noise study is for Broadway, she said, data will be collected for similar noises from outside concerts which will be helpful information for decisions on future Ordinances or changes.

Mayor Mahoney said outdoor permits have been authorized, the question now is whether more venues per month could be allowed. He said perhaps two per month is more reasonable; however, four or five per month would be a lot.

Commissioner Piepkorn said a concern is allowing one or two every weekend in a location, multiplied by a number of locations and multiple events. He said therecould be many concerts at once with issues of public safety and impacts to neighborhoods. This was done during the pandemic to help bars and allow more open space, he said; however, now he said he feels it best to keep it the same.

Mayor Mahoney said it stands at one amplified event per month as it was pre-moratorium and it can be discussed again once the noise study comes in.

Appropriate Staff, Led by the Engineering Department, Directed to Examine Possible Solutions to Street Racing/Speeding:
Commissioner Preston said complaints about street racing continue to come in from residents. She said it is evident that law enforcement cannot address this completely on their own and while there have been discussions about possibilities including street light changes and speed bumps, there may be other changes to be considered as well. She said she would request staff, let by Engineering consider and examine any and all possibilities with the goal of slowing these racers down, even if on a trial basis and a report on the effort come back to the City Commission in four weeks.

City Engineer Brenda Derrig she has visited internally with her department and would like to sit down with the Police Department to understand routes, timing, what has been used and options to improve. She said this is a nationwide problem and would like to see if there are other cities that are having success and what tools they use.

Commissioner Piepkorn said this is a law enforcement issue. He said there was excellent enforcement last fall with other agencies, extra patrol and air enforcement.

Commissioner Preston said it is partially law enforcement; however, there is not enough manpower to be on multiple streets for all those times which is why she is asking for an additional look.

Mayor Mahoney said traffic-slowing measures are examined in street designs. A slowdown of traffic light changes could disrupt commuter travel, he stated.

Ms. Derrig said there will be pros and cons and a discussion can help get to the understanding of what routes are involved and the timing. Her understanding is that the discussion will begin to see if there are opportunities and those will be brought back. She said four weeks is long enough to at least get that conversation going and begin the collaboration.

Commissioner Strand said the solution could be more than a speed bump or light change, it could be in policies relative to vehicles and ownership and who is responsible. He said it is important to receive input from the people.

Ms. Derrig said in collaboration with the PD, there may be ways to collect more data that could help in the next legislative session. She said getting more information on the books could help lawmakers understand how much of a safety issue this is.

Commissioner Preston moved appropriate staff, led by the Engineering Department, including the Police Department, be directed to examine possible solutions to street racing/speeding, where it is occurring and to report back to the Commission on their findings at the June 12, 2023 meeting.

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

Brenda Derrig Appointed Assistant City Administrator:
City Administrator Michael Redlinger said the City conducted a national search for the position of Assistant City Administrator and received 42 applications. A Selection Committee interviewed seven applicants virtually before naming five finalists, he said, and on May 4th and 5th, situational assessments and interviews were scored by the Selection Committee. Following the interview process, he said, the Selection Committee recommends the appointment of Brenda Derrig who has more than 30 years of experience serving Fargo and its citizens, with many of those years in a leadership position. He said the transition will occur over the next six weeks and she will join Administration full time after the July holiday.

Commissioner Strand said the City does well in placing women in administrative positions and it is gratifying since not everybody is as embracing of women in the workplace and in leadership roles.

Commissioner Strand moved the appointment of Brenda Derrig as Assistant City Administrator be approved.

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

Appointments to the Civil Service Commission:
The Board received a communication from Mayor Mahoney recommending the appointment of Scott Wirth to fill the term of Jane Pettinger, who has resigned and that AnnMarie Campbell be appointed to fill the partial term of Nancy Jordheim who is wishing to discontinue her service on the Board.

Commissioner Kolpack moved the appointment of Scott Wirth for a term ending June 30, 2024 and AnnMarie Campbell for a term ending June 30, 2025 on the Civil Service Commission 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.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Scott Hoaby, 2307 26th Avenue South (5 year).
b. Kelly and Todd McComb, 2722 Lilac Lane North (5 year).
c. Kelly and Todd McComb, 2722 Lilac Lane North (5 year).
Commissioner Piepkorn moved the applications 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.

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., Tuesday, May 30, 2023.
Second by Strand. All the Commissioners voted aye and the motion was declared carried.

The time at adjournment was 6:29 o’clock p.m.