Fargo City Commission - October 30, 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 4:00 o'clock p.m., Monday, October 30, 2023.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Preston, Mahoney.
Absent: Strand.
Mayor Mahoney presiding.

Mayor Mahoney announced the City Commission will retire into Executive Session in the Red River Room to consult with the City’s attorneys and the City’s negotiators due to a reasonable likelihood that civil litigation will occur relating to a project that is the subject of the proposed agreement and public discussion would have an adverse fiscal effect on the City’s litigation and or bargaining position. This Executive Session is authorized by North Dakota Century Code 44-04-19.1(9). Assistant City Attorney Ian McLean said the discussion relates to Item No. “57” on the Regular Agenda and the proposed agreement between the City and the developer, T&K Property Management LLC.

Commissioner Preston moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC, Section 44-04-19.1(9) to discuss said matter.
Second by Piepkorn. All the Commissioners present voted aye and the motion was declared carried.

At 4:05 o’clock p.m. the Board moved to the Red River Room to discuss said matter in Executive Session.
Members present were: Kolpack, Piepkorn, Preston, Strand (virtually), Mahoney.

The Executive Session closed at 4:41 o’clock p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.
All Commissioners present. Mayor Mahoney presiding.

The Mayor read a message with the following information: Job Service ND is offering onsite walk-in services November 7th at the Carlson Library; on November 8th there is a dance workshop and story time for kids in partnership with the FM Ballet at the Main Library; and a dedication ceremony was held October 27th to mark the turnover of the Diversion Inlet Structure

Order of Agenda Approved:
Commissioner Kolpack moved the Order of the Agenda be approved, adding an item at the end of the Public Hearings to consider an application for a property tax exemption for Dakota Air Parts Int’l, Inc. and Item Nos. “53b and c” be received and filed to be placed on 1st reading at the next Regular meeting.
Second by Piepkorn. 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 October 16, 2023 and the Special Meeting held on October 25, 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. Amendment to Developer Agreement, Tax Increment Note (Tax Increment District 2021-02 Project) and Certificate of Completion with PS Holdings, LLC (Brewhalla).

2. Interest Buydown Agreement – PACE Program, Escrow Agreement – PACE Program and Community PACE – Interest Buydown Authorization with the Bank of ND to be received by PS Holdings, LLC from Bell Bank (Brewhalla).

3. Lease Agreement with Prairie Public Broadcasting, Inc.

4. Receive and file an Ordinance Amending Section 24-0102 of Article 24-01 of Chapter 24 of the Fargo Municipal Code Relating to the Franchise Granted to the St. Paul, Minneapolis and Manitoba Railroad Company and Its Successors.

5. 1st reading of an Ordinance Amending Section 25-1508 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages.

6. 1st reading of an Ordinance Amending Section 13-1011 of Article 13-10 of Chapter 13 of the Fargo Municipal Code Relating to Recreational Aquatic Facilities.

7. 1st reading of an Ordinance Amending Article 13-14 of Chapter 13 of the Fargo Municipal Code Relating to Hotels & Motels.

8. 2nd reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Southwest Fargo Mission Second Addition to the City of Fargo, Cass County, North Dakota.
9. Findings of Fact, Conclusions and Order, and Notice of Entry of Order for property located at 924 7th Street North.
10. Applications for Games of Chance:
a. Oak Grove Lutheran School for a raffle board on 11/2/23.
b. Sts. Anne & Joachim Catholic Church for bingo on 11/12/23.
c. The Village Family Service Center for a raffle board on 11/17/23.
d. Bison Dance Team for a raffle on 12/8/23.
e. North Dakota State University Judging Club for a raffle on 3/4/24.

11. Receive and file the Amendment to the Franchise Agreement with Cass County Electric Cooperative adding the area annexed by the City of Fargo on 5/1/23.
12. Appointment of election workers and additional workers for the 12/5/23 Special Election as presented and the appointment of the Canvassing Board as presented.
13. Agreement for Special Improvements with County 20 Storage LLC (Improvement District No. BN-23-J1).
14. Notice of Grant Award from the ND Department of Emergency Services for the FY 2023 Homeland Security Program (CFDA #97.067).
15. Negative Final Balancing Change Order No. 1 in the amount of -$33,791.72 for Project No. PR-23-C1.
16. Encroachment Agreement with J and R Ohnstad Family Limited Partnership (OK Tire) for property located at 2200 Main Avenue.
17. Purchase Agreement with Sanford North (Project No. FP-19-A).
18. Bid award to Dakota Underground Company in the amount of $489,889.12 for Project No. SN-23-A1.
19. Incentive of $150,000.00 (30 days at $5,000.00 per day) for Improvement District No. BR-23-G1.
20. Change Order No. 3 in the amount of $20,689.80 and 8-day time extension for Improvement District No. BR-23-F1.
21. Change Order No. 5 in the amount of $39,858.72 for Improvement District No. BN-22-C1.
22. Change Order No. 1 in the amount of $97,686.18 for Improvement District No. PR-23-E1.
23. Change Order No. 2 in the amount of $26,718.14 for Improvement District No. UR-23-A1.
24. Easement (Temporary Construction Easement) and Permanent Easement (Lift Station) with Dakota Commerce Center 5 LLC (Improvement District No. BN-23-F1).
25. Bid award to KPH, Inc. in the amount of $1,340,525.95 for Improvement District No. BR-24-E1.
26. Bid award to Master Construction Company, Inc. in the amount of $4,897,816.25 for Improvement District No. BR-24-C1.
27. Create Improvement District No. PN-23-B.
28. Create Improvement District No. BR-24-B.
29. Bid award to Martinson Lot Maintenance and All Terrain for snow removal services from 11/1/23 through 4/30/24 (RFP23191).
30. Bid award to AP Signature Homes, LLC for the Newman Outdoor Field Exiting Improvements.
31. Contract extension with Vector Solutions until 12/31/24 (SSP17412).
32. Memorandum of Agreement with the ND Department of Emergency Services and the Fargo Fire Department for Regional Response for Hazardous Materials and Technical Rescue.
33. Notice of Grant Agreement Amendment with the ND Department of Health and Human Services for the PHEP – City Readiness Initiative (CFDA #93.069).
34. Notice of Grant Award from the ND Department of Emergency Services for the FY 2022 State and Local Cybersecurity Grant Program and related budget adjustments (CFDA #97.137).
35. Notice of Grant Award from the ND Department of Emergency Services for the FY 2023 State and Local Cybersecurity Grant Program and related budget adjustments (CFDA #97.137).
36. Piggyback purchase with Esri Small Municipal and County Government Enterprise Agreement from 1/26/24 to 1/26/27 (PBC24008).
37. Authorization for IS to hire a full-time Technical Support Desk Associate position in 2023.
38. Amendment to the Fiscal Project Sponsor Agreement - Badges of Unity with the Impact Foundation.
39. Two-Year Contract with All Terrain to provide lawn care and snow removal services at the Fargo Regional Training Center (RFQ23206).
40. Receive and file the Hate Crimes investigations for the 3rd quarter of 2023.
41. First Addendum to Landfill Use Agreement with the City of Valley City, ND.
42. Contract and bond with Excavating, Inc. for Cell 21 Waste Excavation and Construction Project No. SW 23-04 (ITB23160).
43. Bid award to GMV Syncromatics Corporation for fixed route software (RFP23214) and bid award to Via Mobility LLC for paratransit software and hardware (RFP23215).
44. Bills in the amount of $27,894,816.96.

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.

Resident Comments:
There were no resident comments.

Update on Massage Therapy Establishment Program:
Director of Environmental Health Grant Larson gave a presentation outlining the Massage Therapy program’s history, purpose and intent. He said the North Dakota Board of Massage Therapy (NDBMT) refers parties who wish to start a Massage Establishment to local jurisdictions for Ordinances and guidelines. The City did not have requirements prior to the implementation of the current program, he said, on January 1, 2022. He outlined the differences between the NDBMT and the City’s program. There are 100 individual Licensed Massage Therapy Establishment owners in 20 individual locations, he said. The initial annual fee was set at $100.00, he said; however, after feedback it was approved to divide the fee to $50.00 for the years 2022 and 2023 and that is what is proposed going forward. He said the proposed Ordinance revisions include a background check for owners who have not been licensed by the NDBMT and an increase in violations from an infraction to a Class B misdemeanor. The verbiage has been cleaned up to focus on the sanitation of the facility, he said, and to incorporate a background investigation by Fargo PD. He said the application was revised for more efficiency to include different business model licensing options and a liability statement for the owner. He said there are options, an owner with staff or renters could pay a license fee and assume liability and in a shared environment each owner would pay an individual fee unless one assumes the liability under a leased contract.

Police Captain Bill Ahfeldt said the PD is in a support role and will do local background checks on the initial application. They would be involved with non-compliance with licensing and would initiate investigations for illicit activities. He said there has not been any indication of any activity in any of the licensed establishments and there have been no complaints received.

In response to a question from Commissioner Strand asking what the purpose is if the premise was to manage and curb human trafficking and if there were no instances of that, Mr. Larson said the purpose is for well-being in the community. He said it is a tool and illegal actors will not seek or obtain a license plus it is a means for the PD to check facilities.

Commissioner Strand said he was opposed to this at the beginning and now it is being stepped up from infraction to misdemeanor. He said human trafficking is out there; however, it is being wrongly directed at this professional industry.

Resolution Adopted Establishing Massage Therapy Establishment Requirements and Fees:
Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, The Board of City Commissioners of the City of Fargo have deemed it necessary and appropriate to approve and adopt an Ordinance regulating Massage Therapy Establishments, codified in Article 13-18 of Fargo Municipal Code; and
WHEREAS, Section 13-19-2 and 13-1805 of the Fargo Municipal Code authorize the Board of City Commissioners to adopt certain regulations creating minimum standards for Massage Therapy Establishments as well as the amount of an initial license fee.
NOW, THEREFORE, BE IT RESOLVED by the Board of City Commissioners:
1. The attached Massage Therapy Establishment requirements are hereby adopted by reference and fully incorporated herein: and
2. The Massage Therapy Establishment fee shall be in the amount of $50.00 per year.

Second by Kolpack. On the vote being taken on the question of the adoption of the Resolution Commissioners Preston, Kolpack, Piepkorn and Mahoney voted aye.
Commissioner Strand voted nay.
The Resolution was adopted.

Ordinance Amending Sections 13-1801, 13-1802, 13-1806 of Article 13-18 of Chapter 13 of the Fargo Municipal Code Relating to Massage Therapy Establishments to be Placed on 1st Reading at the Next Regular Meeting of the Board:
Commissioner Preston moved the Ordinance Amending Sections 13-1801, 13-1802 and 13-1806 of Article 13-18 of Chapter 13 of the Fargo Municipal Code Relating to Massage Therapy Establishments be received and filed and placed on 1st reading at the next Regular Meeting of the Board.

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

Ordinance Amending Section 1-0305(A)(1) of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations to be Placed on 1st Reading at the Next Regular Meeting of the Board:
Commissioner Preston moved the Ordinance Amending Section of 1-0305(A)(1) Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations to be Placed on 1st Reading at the next Regular Meeting of the Board.

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

Resolution Adopted Approving a Vacation Plat of Portions of 3rd Avenue North and 3rd Street North, North Dakota R-1 Urban Renewal Addition (101, 207 and 225 4th Street North; 285 1st Avenue North; 200 and 334 4th Avenue North):
A Hearing had been set for this day and hour to consider approval or denial of an application requesting a Vacation Plat of portions of 3rd Avenue North and 3rd Street North, North Dakota R-1 Urban Renewal Addition.

Current Planning Coordinator Donald Kress said the right-of-way was originally dedicated by the Keeney & Devitt’s Addition plat in 1877 and shown in the ND R-1 Urban Renewal Addition plat in 1960, which vacated a number of blocks of existing subdivisions in this area in preparation for urban renewal projects of that era. These portions of 3rd Street North and 3rd Avenue North are no longer used as roadways, he said, City Hall and its related parking facilities occupy the area of these roadways. He said the right-of-way runs through City Hall and was not vacated at the time the new City Hall was built. This is a City-initiated vacation in cooperation with neighboring property owners, he said, and complies with ND Century Code Section 40-39: Opening and Vacating Streets, Alleys and Public Places.

Commissioner Preston 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 “Vacation Plat of Portions of 3rd Street North and 3rd Avenue North between Blocks 2, 6, and 7, North Dakota R-1 Urban Reewal Addition”, located at Right-of-Way between 101, 207, and 225 4th Street North; 285 1st Avenue North; 200 and 334 4th Avenue North; and
WHEREAS, A Hearing was held September 7, 2023 by the Fargo Planning Commission, and notice of such Hearing 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 September 20 and 27, and October 4 and 1, 2023 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., October 30, 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 “Vacation Plat of Portions of 3rd Street North and 3rd Avenue North between Blocks 2, 6, and 7, North Dakota R-1 Urban Renewal 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.

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

Hearing on a Dangerous Building Located at 1710 1st Avenue South: City Attorney's Office Directed to Prepare the Appropriate Findings of Fact and Order:
A Hearing had been set for this day and hour on a dangerous building located at 1710 1st Avenue South.
Inspections Director Shawn Ouradnik the property owner of 1710 1st Avenue South has failed to comply with the order to either obtain a permit to repair or remove the heavily damaged structure at that location within the time allowed for the removal. He said there is structural damage, significant water damage, damage from animal and garbage accumulation, roof damage, compromised electrical systems, squatter activity and a deteriorating garage. Elements of the garage have been taken care of, he said, so he is not seeking removal of that at this time. He said the house appears to meet all 10 criteria and he outlined the timeline leading up to this Hearing.

Commissioner Piepkorn moved to designate this a dangerous building, direct the City Attorney’s Office to prepare and serve the owner with the appropriate Findings of Fact and Order, order its removal on December 29, 2023 and the Inspections Department be authorized to solicit proposals for the removal of this structure if it is not removed within the time allowed by the Board’s Order.

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.

Hearing on a Dangerous Building Located at 1208 University Drive South: City Attorney's Office Directed to Prepare the Appropriate Findings of Fact and Order:
A Hearing had been set for this day and hour on a dangerous building located at 1208 University Drive South.

Inspections Director Shawn Ouradnik said the property owner of 1208 University Drive South has failed to comply with the order to either obtain a permit to repair or remove the heavily damaged structure at that location within the time allowed for the removal. He said there is junk accumulation, damage, neglect, separated siding, rot, cracked chimney, squatters and vandalism, junk vehicles with 9 of 10 criteria for a dangerous building met. He reviewed the timeline leading up to this Hearing and shared pictures of the home.

In response to a question from Commissioner Preston asking about the problem he mentioned of aggressive, possibly violent neighbors and whether law enforcement assisted, Mr. Ouradnik said law enforcement was contacted; however, they did not see violations at that point. He said those neighbors had been entering the home and taking things from the home and yard. As of now, those people are no longer at the neighboring house, he said, so Inspections felt comfortable moving forward.

In response to a question from Commissioner Piepkorn asking how cases are handled where hoarding issues are involved, Mr. Ouradnik they do try to help and they pass information to the FM Hoarding Coalition. In this case, he said, the homeowner and her sister are working to find a contractor to clean up the property as they would like to sell it.

Commissioner Piepkorn moved the City Attorney’s Office be directed to prepare and serve the owner with the appropriate Findings of Fact and Order, order its removal on December 29, 2023, and the Inspections Department be authorized to solicit proposals for the removal of this structure if it is not removed within the time allowed by the Board’s Order.

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 El Agave Mexican Restaurant d/b/a El Agave Mexican Restaurant for an Alcoholic Beverage License Approved:
A Hearing had been set for October 2, 2023 on an application filed by El Agave Mexican Restaurant, LLC d/b/a El Agave Mexican Restaurant for a Class “FA” Alcoholic Beverage License at 2581 45th Street South, notice of which had been duly published in the official newspaper for the City of Fargo.
At the October 2, 2023 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 the applicant is looking to start a Mexican restaurant in the former Famous Dave’s location. He said the Liquor Control Board had questions on the original application and a Hearing was delayed to have the applicant present to answer questions. Chief Zibolski had recommended denial due to a compliance check failure, he said; however, the applicant explained he was helping someone else at the restaurant who took the order and the applicant brought the order out and subsequently failed the compliance check. He said the Liquor Control Board did not feel that was subsequent enough to deny the application and voted unanimously to recommend approval.

Jose Perez, owner of El Agave Mexican Restaurant, said he takes responsibility for what happened when he was a server. He said owning a restaurant has been a dream he has worked toward for 14 years.

Commissioner Piepkorn said there were some communication issues and this is a first time ownership. He said a Police liaison was offered to the business.

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.

Application to Transfer the Class “FA” Alcoholic Beverage License from Prairie Pasta, Inc. d/b/a Johnny Carino’s to Summit Night Club d/b/a Cairo Restaurant and Bar Approved:
A Hearing had been set for October 2, 2023 on an application to transfer he Class “FA” Alcoholic Beverage License from Johnny Carino’s to Summit Night Club d/b/a Cairo Restaurant and Bar at 4554 7th Avenue.
At the October 2, 2023 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 initially denial was recommended due to unclear statements on the application. At the Liquor Control Board the applicant explained that due to a language situation she was not understanding the questions and after hearing her statements, the Board recommended approval of the transfer.

In response to a question from Commissioner Preston asking if the City helps new liquor license holders, Mr. Sprague said the City does not help with liquor management issues. He said in this case and the previous item, the applicants fully understand they need to operate as a restaurant and food sales must exceed the alcohol sales and they understand all the people in the stream of services must complete server training.

In response to a question from Commissioner Preston asking the hours of operation, the applicant, Heba Ismail, said it would be open until midnight on weekdays and until 2:00 a.m. on weekends.

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.

Application Filed by Voyage Hotel LLC d/b/a AmericInn Fargo for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Voyage Hotel LLC d/b/a AmericInn Fargo for a Class "ABH" Alcoholic Beverage License at 4325 23rd Avenue 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 the applicant has multiple licenses across the City. He said AmericInn had a license; however, the purchase was at the time of license renewal and the owners wanted to see how the business was operating and now want to add this license, which is a manager’s special. He said it allows giving alcohol to hotel guests along with food.

Commissioner Piepkorn moved the application 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.

Application to Transfer the Class “A” Alcoholic Beverage License from Irish Hospitality LLC d/b/a Hennessey’s to Irish Hospitality LLC d/b/a Double Down Approved:
A Hearing had been set for this day and hour on the application to transfer the Class “A” Alcoholic Beverage License from Irish Hospitality LLC d/b/a Hennessey’s to Irish Hospitality LLC d/b/a Double Down at 3165 33rd Street 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 comes with a recommendation for approval. He said there was a small item on the background check where one owner had a DUI from about 15 years ago.

Commissioner Piepkorn moved the application 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.

Gaming Site Authorization for Games of Chance for Fargo Angels Hockey Club at Double Down Approved:
City Auditor Steve Sprague said this is a separate item rather than being included in the Consent Agenda due to the fact that a gaming license cannot be approved until there is a liquor license.
Commissioner Preston moved the application be approved.

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

Application Filed by Dakota Air Parts Int’l, Inc. for a Five-Year Property Tax Exemption Approved:
A Hearing had been set for this day and hour on an application filed by Dakota Air Parts Int’l, Inc. for a five-year property tax exemption for a new business at 3600 39th Street South where the applicant will provide helicopter service industries.
No written protests have been filed for the attention of the Board.
The Board determined that no person is present at this Hearing to protest or offer objection thereto.

Director of Strategic Planning and Research Jim Gilmour said the Economic Development Incentives Committee (EDIC) recommends approval. The application is for a five-year property tax exemption on an existing building previously used by Solid Comfort.

Ryan Aasheim, Greater Fargo Moorhead Economic Development Corporation (GFMEDC) said he has met with the applicant for about five years. They are a global company with suppliers all around the world, he said, and it is great for the community to have new wealth generated globally. Dakota Air Parts was incorporated in 1994 and has been operating out of 25,000 square foot of space on the airport property, he said, and the new space would triple their footprint with 72,000 square feet of space to expand and grow. He introduced Shawn Johnston, VP and General Manager, and Barbara McConn, CFO and Co-Founder.

Mr. Johnston said tax exemptions are vital for sustained expansion of their enterprise. He gave an overview of the history of the business. He said the company engages in the buying and selling of aircraft parts, turbine engines, whole aircraft and parts, specializing in older aircraft especially the UH-1 Huey, he said. They also supply parts for commercial and business jets and other helicopter platforms, he said, and in their hangar today in north Fargo there are 10 UH-1 Hueys stuffed in there, mostly from the New Zealand Air Force. They aim to be a one-stop shop for operators and maintenance facilities looking for parts, he said, and they have a sister company in Arizona. A recent large purchase will help diversify their market by bringing them into Blackhawk support with a new customer base in the U.S. and abroad, he stated; however, they need more space to accommodate all the aircraft and parts that go with them. They expect to hire more staff to support the expansion, he said, and Fargo has been their preferred option given the company’s longstanding history here and they are hopeful the City will continue their support.

Ms. McConn said they prefer to expand here although they are a global company and could expand elsewhere. She said the workforce here has been instrumental in their growth. They do intend to keep the hangar property long term, she said.

Mr. Gilmour said it would initially be an additional seven jobs and nine more over three years.
Commissioner Piepkorn said he likes that the commitment they are making is spelled out in black and white for the record. He said the City will work with the GFMEDC to keep track of the job creation.

Commissioner Piepkorn moved that the application filed by Dakota Air Parts Int’l for a five-year property tax exemption pursuant to Chapter 40-57.1, NDCC 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.

At 6:05 p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

North Broadway Bridge Feasibility Study Update:
Transportation Division Engineer Jeremy Gorden said the bridge was closed two years ago and has since been removed. He said Houston Engineering was hired to complete a feasibility study for the potential bridge crossing on North Broadway over the Red River. He said a bridge replacement project is currently included in the 2026 Capital Improvement Plan and has $5.4 million in Federal highway funds programmed for it. Houston Engineering is in the final stages of the study, he said, and he will return in four weeks for a final decision on whether or not to move forward with a bridge project. At that time, he said, he plans to bring the annual Federal Aid project applications for approval as Metro COG would like them by the end of November.

Jeremy McLaughlin, Houston Engineering, said he is the project manager and he outlined the project timeline. Three options were explored, he said:
1. Replace the bridge at the current elevation.
2a. Replace the bridge above the 37’ flood elevation (post-Diversion 100-year). Bridge would extend south further towards Broadway.
2b. Same as 2a, except the bridge would touch down near a cul-de-sac to the Southwest of the bridge.
3. No bridge replacement and traffic is detoured permanently.
He outlined geotechnical and soil stability concerns including complexities of a required setback to get out of the failure plane, meaning a longer bridge and more expense. He said to keep Broadway from 37th Avenue North at a similar alignment and elevation limits options or the roadway would need to move west. He said he does not see a problem meeting hydraulic requirements. Crossing the Red River involves permits from North Dakota, Minnesota and the USACE, he said, and they have reached out to the agencies and see no major concerns with these options. He shared diagrams of the proposed bridge options and roadways and said due to moving the roadway west there will be significant impacts and likely acquisitions with Option 2a. Option 2b is similar to 2a, he said; however, the longer bridge would be curved and the roadway ties into the Royal Oaks neighborhood. He said the no build option increases traffic on 10th Street North; therefore, traffic calming measures would be needed. Work is underway on the benefit cost analysis and that report will be part of the final report next month, he said. Estimated construction costs and total project costs were shared, with the project cost estimates for Option 1 at $20 to $22 million; Option 2a at $37 to $39 million; Option 2b at $46 million to $48 million and Option 3 at $820,000.00. He broke it down to include Federal funds of approximately $5.4 million for Options 1 and 2 with a slightly different breakdown between the City and Clay County’s portions.

Commissioner Piepkorn said he feels this arterial is critical for the community with the potential for future growth in North Fargo; however, he would like to see an option where the road does not go through a neighborhood. He said if houses are to be bought out, perhaps the roadway could be further down where the houses are removed, and allowing more homes to remain in place.

In response to a question from Commissioner Kolpack asking if the public will be solicited for comments, Mr. Gorden said that was done more than a year ago; however, public feedback could be asked again.

In response to a question from Commissioner Preston about Option 3 and traffic essentially doubling on 10th Street since the bridge was closed and if it is possible to straighten out 36th to 37th Avenue to push traffic to University, Mr. McLaughlin said various traffic calming options are being looked at, including that intersection.

Mayor Mahoney said it could be considered to put the $5.4 million into the 12th Avenue North Bridge, which would have minimal neighborhood impact and perhaps qualify for Federal infrastructure funding.

In response to a question from Commissioner Preston asking if the project is projected in the next 3 to 4 years, City Engineer Tom Knakmuhs said it is projected for 2026; however, part of the problem is funding. He said there are a few million dollars set aside; however, if it becomes $7 or $8 million there would need to be serious discussions on funding the local share.

Commissioner Strand said he would like to know about setback or floodway policies in place now with the Diversion.

Mr. McLaughlin said, as far as the Diversion, a bridge must meet No Rise Certification and the more bridge put in the water, the larger the obstruction, so it would need to be designed around that policy.

In response to a question from Commissioner Preston asking why the bridge has 12-foot lanes or if it could more narrow, Mr. McLaughlin said typically that is the State recommendation. He said 11-foot lanes could be considered; however, there would not be much effect on cost.

In response to a question from Mayor Mahoney asking what would happen with the shared cost bridge if Minnesota does not support a more expensive choice, Mr. Knakmuhs said Clay County and the City could have different opinions on the bridge and willingness to pay for the project.

In response to a question from Mayor Mahoney asking who uses the bridge and if the majority are Minnesotans since many come from that side of the river to work, Mr. McLaughlin said some of that data will be part of the cost benefit analysis.

In response to a question from Mr. Knakmuhs asking for clarification and whether the Commission wants the Engineering Department to go out for public input for a preference, Commissioner Preston said yes, and only if cost information is included.

Mr. Knakmuhs said he would like to know, understanding the funding and the shortfall for City funds, if the City Commission supports special assessing a portion of the costs for bridge replacement, which is important to know if asking the public for input. The benefiting area would need to be defined, he said, and there is criteria within the Infrastructure Funding Policy for assessing new and replacement bridges, which is capped by square footage to the benefiting area.

Mayor Mahoney said the question should be asked and it would be good to include an idea of costs. He said money would have to come out of the Capital Improvement Plan unless specials were assessed.

Staff Authorized to Publish a Request for Proposals (RFP) for a City of Fargo Advanced Metering Infrastructure (AMI) Project:
Water Utility Director Troy Hall said Water Utility staff seeks approval to publish an RFP for and AMI project to support City operations. He said the AMI project is a collaboration between several City departments, including Finance, Public Works, Auditor’s and Water Utility. The project will modernize metering capability to water customers, he said, and has been on the Water Utility Capital Improvement Plan for over a decade with a feasibility study completed in 2010. He said AMI is classified as a water conservation project by regulators and a low-interest Clean Water State Revolving Fund (CWSRF) loan will be used for funding. The system will require a few years to install after the RFPs are evaluated and a vendor selected, he said, and several other cities in the region have implemented or are in various stages of selection and implementation. He said currently there are more than 30,000 existing water meters, 10,000 read by automatic radio reads and roughly 20,000 read via driving and/or walking by individual properties. An AMI system would enhance customer service and response time, reduce water loss and metering inaccuracies, operate meters remotely and enable distribution system leak detection capabilities, he said. Customers benefit by increased water bill transparency, he said, as well as real-time water use information, the ability to identify unusual water trends such as leaks and breaks and improved response time. He outlined the funding approach and said the CWSRF, which has good interest rates, will be used and other grant programs are being explored. The proposal will include different options, he said, and he explained Water Utility debt service and management strategies. He said the focus is on keeping water rates stable.

Commissioner Kolpack moved that staff be authorized to publish a Request for Proposals for an Advanced Metering Infrastructure Project for the City of Fargo.

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 for Abatement or Refund of Taxes #4546 and #4547 on Property Located at 4773 32nd Street South for the 2022 Tax Year Denied: Value Adjustment for 2023 Tax Year Approved:
City Assessor Michael Splonskowski presented an application filed by Michelle and Tom Strinden for abatement or refund of taxes on property located at 4773 32nd Street South. He said the request is for a reduction from $749,400.00 to $650,000.00 for the year 2022 and from $887,600.00 to $660,000.00 for the year 2023. After review, he said, he recommends the certified value for 2022 of $749,400.00 be retained and that the 2023 certified value, which is somewhat overstated, be reduced from $887,600.00 to $784,000.00.

Commissioner Kolpack moved based upon Mr. Splonskowski's recommendation that application #4546 filed by Michelle and Tom Strinden for abatement of refund of real estate taxes for the 2022 tax year on property located at 4773 32nd Street South be denied and the value be reduced to $784,000.00 for the 2023 tax year.

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.

Agreement to Grant Emergency Egress Easement and to Grant the Option for Parking Lease with T&K Property Management LLC Approved:
The Board received a communication from Director of Strategic Planning and Research Jim Gilmour stating that when the Mercantile Parking Garage was approved, the Board also approved an option for leasing space for garages to serve a planned condominium building that would connect to the parking garage. He said the agreement was approved subject to legal review. It later became apparent, he said, that in order for the garages to meet the building code, there needed to be limits on what could be stored in the garage and the language in the lease needed to change.

Commissioner Preston moved the Agreement to Grant Emergency Egress Easement and to Grant the Option for a Parking Lease with T&K Property Management LLC be approved as presented with the redlined changes as provided in the laydown item distributed to the Board at the Executive Session and that the Mayor be authorized for a period ending at 4:00 p.m. on Friday, November 3, 2023 to execute the Agreement, provided that the Mayor, in his reasonable discretion, is that satisfied there is no pending or threatened litigation, injunction or other order that prohibits consummation of the terms of the Agreement or any part thereof.

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.

Discussion on Fargo-Moorhead Metropolitan Area Ending Homelessness Task Force:
City Administrator Michael Redlinger said at the October 16, 2023 City Commission Governance Workshop, Administration was directed to establish a Task Force related to homelessness in the Fargo-Moorhead metropolitan area. Step one, he said, is the organization of a political alignment meeting with West Fargo, Moorhead, Fargo, Cass County and Clay County, and he hopes for a first meeting of the elected officials of those entities in early November. Then the collaborative capacities of those entities will be determined as to whether they want to participate in a Metro Task Force, he said, and what representation they would like to see. The companion to that, he said, is a technical advisory group, a response leaders group of topical subject matter experts to help inform the political leadership to give recommendations.

Commissioner Kolpack said there certainly is support for this and as the work proceeds, it will be important to communicate to the public all the work that is being done.

In response to a question from Commissioner Preston asking if the Task Force he refers to is the political alignment group, Mr. Redlinger said the Task Force would be both entities. He said the principal group will be the decision makers and they will make the calls on future metro strategies, informed by the technical work of a staff and nonprofit committee below them.
Commissioner Preston said she would be concerned about what may happen if participation in the political alignment group is not achieved. She said there needs to be resources and authority given to the group to actually do something.

Mr. Redlinger said the Commission will be kept apprised if the political alignment meeting does not result in participation. He said a technical group could still gather and make recommendations for guidance for Fargo’s elected leaders.

Mayor Mahoney said he hopes an outcome could be a strategic plan that is well understood.
Commissioner Strand said it is important to engage stakeholders who are recipients of the services provided, those who work in it and live it.

Proposed Changes to the Liquor License Ordinances Failed for the Lack of a Majority:
Commissioner Preston said this is to follow-up on the recent Hearing on a liquor license violation where discussion occurred on the need for requiring scanners to be used by license holders. She said there was general agreement the City should move forward with that requirement. There have also been recent discussions to require all licensees and managers to submit an annual criminal background check prior to the renewal of the establishment’s license, she said. A request has been made by the Police Chief to incorporate this into the City’s Ordinance and a second request has been made to require a liquor license holder to notify the City within a prescribed timeframe of any change to the manager of a licensed liquor establishment. None of these requested changes have moved forward, she stated, and there may be other needed changes; however, to ensure there is follow through on at least these changes, she suggests the City Commission direct the City Auditor, in conjunction with the Police Chief and City Attorney, to present Ordinance revisions, incorporating changes regarding a requirement to use scanners, annual background checks as a requirement for the renewal of a liquor license and a requirement for license holders to notify the City of any change to the manager in a liquor establishment. She also asks that the City Auditor provide a report to the Liquor Control Board and the City Commission on the progress in one month. She said she has not seen anything come forward from the Liquor Control Board and she wants to indicate that the direction is to move ahead with this.

Commissioner Preston moved appropriate staff be directed to present Ordinance revisions incorporating changes regarding a requirement to use scanners, annual background checks as a requirement for the renewal of a liquor license and a requirement for license holders to notify the City of any change to the manager in a liquor establishment and that the City Auditor provide a report to the Liquor Control Board and the City Commission on the progress in one month.
Second by Strand.

Mayor Mahoney said Commissioner Piepkorn, Police Chief David Zibolski and City Auditor Steve Sprague have met looking into these topics. He said a public meeting with the Commissioners has been challenging and it looks like that will not happen until December.

Mr. Sprague said scheduling a brown bag meeting with the Liquor Control Board and City Commission is in the works. How to move forward with the penalty matrix is also being looked at, he said. As far as scanners, would it be required of all licensees, he asked, or perhaps a place such as Nichole’s Fine Pastries would not require one. The Liquor Control Board and staff have had discussions on things such as whether the City would determine what level of scanner is needed; however, to obtain direction from the City Commission in a brown bag session would be helpful

Commissioner Piepkorn said he, the City Attorney, Mr. Sprague and Chief Zibolski met and discussed these things. The scanner topic takes time, he said, and even setting up a time for a vendor to give a presentation has been challenging. A requirement for scanners for everyone who sells alcohol is a huge decision and a huge amount of money, he said.

Commissioner Kolpack said she supports looking at Ordinance revisions and her understanding after the District 64 Hearing is that is what the Liquor Control Board was going to do. She said she supports looking at all this; however, step one should be coming from the Liquor Control Board with recommendations.

Commissioner Preston said the Commission is asked to make a decision about a penalty and with that is the expectation that a scanner is used. She said she has concerns that a decision comes to the Commission, it does not stop at the Liquor Control Board and she is not comfortable making such decisions without a requirement in place. What she is asking is that discussion happens and formally moves forward, she said.

In response to a question from Mayor Mahoney asking if a motion would change what is in process, City Attorney Nancy Morris said the issues are being looked at and the Liquor Control Board is working through the process. She said she does not see what the motion advances or changes.

Commissioner Piepkorn said the suggested motion indicates only one month before requiring the use of scanners, which is strong language.

Commissioner Strand said everyone is right. He said he supports Commissioner Preston’s desire to advance this; however, he also respects the processes it would entail to advance such policy studies and reviews. A compromise would be asking the Liquor Control Board to report back on these topics after vetting them properly and engaging their constituents, he said.

Commissioner Preston said she would accept a substitute motion.

Commissioner Strand moved appropriate staff be directed to present Ordinance revisions, recommendations and options regarding the use of scanners, annual background checks and management change notifications and report back to the City Commission on the process in a timely fashion.

Second by Preston. On call of the roll Commissioners Strand and Preston voted aye.
Commissioners Kolpack, Piepkorn and Mahoney voted nay.
The motion was declared lost for lack of a majority.

Appointments to the Fargo Housing and Redevelopment Authority Approved:
The Board received a communication from Mayor Mahoney stating Salma Ahmed has resigned her position with the Housing and Redevelopment Authority effective immediately and he recommends the appointment of Kathleen Steffan to fill her unexpired term ending September 30, 2025. He said the term of Cody Schuler expired on September 30, 2023 and he is willing to continue his service with the Authority.

Commissioner Piepkorn moved Kathleen Steffan be appointed to fill the unexpired term of Salma Ahmed on the Fargo Housing and Redevelopment Authority for a term ending September 30, 2025, and that Cody Schuler be reappointed to the Fargo Housing and Redevelopment Authority for a three-year term ending September 30, 2026.

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.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Molly Moore, 3601 Evergreen Road North (5 years).
b. Michelle Mehring, 1526 9th Street North (5 years).
c. Matthew Mazourek, 3419 19th Street South (5 years).
d. Janell Schmidt, 3526 29th Street South (5 years).
e. James and Sharon Puppe Rev Living Trust, 114 22nd Avenue North (5 years).
f. Jerome and Amy Noeske, 56 16th Avenue North (5 years).
Commissioner Piepkorn moved the applications be approved.

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.

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

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, November 13, 2023.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:28 o’clock p.m.