Fargo City Commission - April 1, 2024

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, April 1, 2024.
The Commissioners present or absent were as shown following:
Present: Kolpack, Preston, Strand, Mahoney.
Absent: Piepkorn.
Mayor Mahoney presiding.

Mayor Mahoney announced the Board of City Commissioners will retire into Executive Session in the Red River Room for the purpose of attorney consultation regarding threatened litigation pertaining to 501 Main Avenue and to discuss negotiating strategy or provide negotiation instructions to its attorney or other negotiator regarding the threatened litigation, and to receive its attorney’s advice and guidance on the legal risks, strengths and weaknesses of an action of a public entity. To discuss this matter in public in an open meeting would have an adverse fiscal effect on the City. Thus, an Executive Session is authorized pursuant to North Dakota Century Code 44-04-19.1, subsections 2, 5 and 9.
Commissioner Kolpack moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC 44-04-19.1, subsections 2, 5 and 9 to discuss said pending litigation matter.

Second by Preston. All the Commissioners present voted aye and the motion was declared carried.

At 4:03 o’clock p.m. the Board moved to the Red River Room to discuss the litigation matter in Executive Session.
Members present were: Kolpack, Preston, Strand, Mahoney.
Absent: Piepkorn.

The Executive Session closed at 4:34 o’clock p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.
All Commissioners present except Commissioner Piepkorn. Mayor Mahoney presiding.

The Mayor read a message with the following information: Fargo Cass Public Health’s Spring Social is April 30th; the 5th annual Northern Focus photography project at the Library runs through May 31st; a “Designing to Stop Disaster” event will be April 9th at the Main Library; and a video was shown highlighting the Water Treatment Plant’s Membrane Facility of the Year Award.

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

Minutes Approved:
Commissioner Kolpack moved that the Minutes of the Regular Meeting of the Board held on March 18, 2024 be approved as read.
Second by Preston. All the Commissioners present voted aye and the motion was declared carried.

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

1. Application for Abatement or Refund of Taxes #4559 for property located at 1488 Shawnas Place South requesting a reduction in value for 2023 from $1,323,300.00 to $880,656.00; staff is recommending a reduction in value to $1,239,200.00 for 2023.
2. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of an 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.
3. 2nd reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Interstate Business District Addition to the City of Fargo, Cass County, North Dakota.
4. Applications for Games of Chance:
a. St. John Paul II Catholic Schools for a raffle on 6/24/24.
b. Make-A-Wish Foundation of North Dakota for a raffle on 4/13/24.
c. Milk Made for bingo on 4/9/24.
d. Fargo North High School for a raffle on 4/13/24.
e. YWCA Cass Clay for a raffle on 4/22/24.
f. St. John Paul II Catholic Schools for a raffle on 4/27/24.

5. Site Authorizations for Games of Chance:
a. Jon Greenley Amvets Post #7 at Amvets.
b. Jon Greenley Amvets Post #7 at Hi-Ho Burgers & Brews.
c. Red River Human Service Foundation at The Northern.
d. Metro Sports Foundation at The Bowler.
e. Metro Sports Foundation at Twin Peaks.
f. Metro Sports Foundation at Scheels Arena.
g. Metro Sports Foundation at Alibi Lounge.

6. Receive and file General Fund – Budget to Actual through 2/29/24.
7. Task Order No. 7 - Amendment No. 2 with Houston Engineering, Inc. in the amount of $85,500.00 for Project No. FM-21-A0.
8. Payment to Xcel Energy in the amount of $8,004.80 for power service and transformer (Project No. NR-24-B3).
9. Purchase Agreement with Tones, LLC for property for the Southwest Metro Storm Water Master Plan (Project No. FP-19-A).
10. Encroachment Agreement (Window Wells) with NDSU Development Foundation for existing window wells located in the right of way at 650 NP Avenue.
11. Purchase Agreement and Quitclaim Deed with John T. Jones Construction Co.
12. Contract and bond for Project No. NR-24-A1.
13. Contract and bond for Project No. NR-24-B2.
14. Bid award to Northstar Safety, Inc. in the amount of $1,065,407.35 for Project No. TM-24-A1.
15. Amended Engineer’s Report for Improvement District No. BN-23-F1.
16. Application and Agreement for Early Building Permit for property located at 3401 46th Avenue North (Improvement District No. BN-23-J1).
17. Application and Agreement for Early Building Permit for a building on Lot 2, Block 1 of Alex’s Addition (Improvement District No. BN-24-A1).
18. Negative Final Balancing Change Order No. 3 in the amount of -$48,907.52 for Improvement District No. BR-23-B1.
19. Bid award to Northern Improvement Co. in the amount of $2,550,072.20 for Improvement District No. PR-24-F1.
20. Create Improvement District No. PN-24-A (Asphalt Wear Course).
21. Create Improvement District No. BR-24-G (Paving and Utility Rehab/Reconstruction).
22. Create Improvement District No. PR-24-H (Asphalt Paving Rehab/Reconstruction).
23. Contract and bond for Improvement District No. PR-24-E1 (Seal Coat).
24. Contract and bond for Improvement District No. BN-23-J (New Paving and Utility Construction).
25. Agreement - Health and Wellness Coordinator with Mary Krueger.
26. Vacate the Findings of Fact, Conclusions and Order for property located at 1208 University Drive South.
27. Master Services Agreement with Flock Group, Inc. for 60-day pilot program with the Police Department.
28. Bid awards for Aggregate Materials, Concrete, Concrete Materials, Asphalt, Emulsified Asphalt and black dirt as presented (RFP24138).
29. Lease with Option to Purchase Agreement No. 40005556 with CapFirst Equipment Finance, Inc. for a Towable Stump Grinder (RFP24110).
30. Bills in the amount of $7,534,451.91.

Second by Strand. On call of the roll Commissioners Preston, Strand, Kolpack and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Resident Comments:
Matthew Trefz, Cori Edgerton, Lucky Beddel, Allison Slavik, Cale Bauer, Chris Larson, Abdel Aburezeq, Sumaya Abukar, Elza Luzha and Habiba Elbassiouny spoke about Gaza; and Cody Schuler spoke about Trans Day of Visibility.

Application Filed by Graystoke Capital Woodrow, LLC and ACV ALB San Mateo, LLC for Payment in Lieu of Tax Exemption (PILOT) Approved:
A Hearing had been set for this day and hour on an application for approval of a partial ownership change filed by Graystoke Capital Woodrow, LLC and ACV ALB San Mateo, LLC for a payment in lieu of property tax exemption for a project at 301/315 University Drive North and 1222 4th Avenue North for residential apartments and leasing to the Montessori school.
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 original property tax exemption was approved in 2018 for the previous school that was converted to apartments. He said a new building was built later and a Montessori school was added. What is proposed now is a change in ownership to a different investment group, he said, and there is no change to the property tax exemption. The Economic Development Incentives Committee has recommended approval and State law requires a Public Hearing in order for the transfer to happen.
Commissioner Strand moved that the application filed by Graystoke Capital Woodrow, LLC and ACV ALB San Mateo, LLC for a partial ownership change to ACV ALB San Mateo, LLC to an existing PILOT on the project located at 301/315 University Drive North and 1222 4th Avenue North be approved.

Second by Preston. On call of the roll Commissioners Strand, Preston, Kolpack and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Hearing on a Dangerous Building Located at 1022 9th Avenue North: 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 1022 9th Avenue North.
Inspections Director Shawn Ouradnik said the four-unit apartment building is currently vacant and uninhabitable due to conditions including multiple broken windows, a buckling and crumbling foundation, unpermitted electrical work, infestation, squatter activity and large amounts of junk inside the structure. The building meets nine of the 10 criteria for a dangerous building, he stated. Water service was terminated in 2022, he said, and electrical service was cut at the pole in 2023. The Inspections Department was alerted that this was possibly a dangerous building in December 2023 and the building was soon posted as an unsafe structure and notices were sent to the owner. In February 2024, a representative for the owner contacted the Inspections office and gave the go-ahead to have the structure demolished. The approved letter to proceed with the demolition was received in March 2024, he stated, and a demolition contractor has been secured; however, he wanted to proceed with a public Hearing in order to assure the demolition will happen by May 31st.
Commissioner Preston moved the City Attorney’s Office be directed to prepare and serve the owner with the appropriate Findings of Fact and Order 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 Preston, Kolpack, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Parcels of Land in Golden Valley Fourth Addition Rezoned (6507, 6511, 6515, 6519, 6523, 6527, 6531, 6535, 6539, 6543 and 6547 28th Street South):
At a Hearing held on March 5, 2024, the Fargo Planning Commission recommended approval of a change in zoning from SR-4, Single-Dwelling Residential to SR-5, Single-Dwelling Residential.
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 said the lot was always intended to be developed with higher density townhomes. The developer wants to build two four-unit buildings and one three-unit building, he said; however, the current SR-4 zoning only supports 10 units. He said in order to be able to build the 11 units, the zoning needs to be changed to SR-5.
Commissioner Preston 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 Kolpack. On the vote being taken on the question of the adoption of the Resolution Commissioners Preston, Kolpack, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The Resolution was adopted.

First Reading of an Ordinance Rezoning Certain Parcels of Land in Golden Valley Fourth Addition, City of Fargo, 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 Rezoning Certain Parcels of Land in Golden Valley Fourth Addition, City of Fargo, Cass County, North Dakota be placed on first reading.

Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Recommendations for an Advanced Metering Infrastructure (AMI) System Approved:
Water Utility Director Troy Hall said the City Commission approved a Request for Proposals advertisement in October 2023 for an Advanced Metering Infrastructure (AMI) System and a selection team with members from five City departments reviewed the four proposals received. He said prior to reviewing any costs, proposals were scored by team members using non-cost criteria and Core & Main/Sensus is being recommended for award and contracts, which will be submitted for approval at a later date. All existing mechanical water meters will be replaced with solid state meters at a cost of $13,107,344.00, he said. For the meter installation, a clarification was received from the North Dakota State Plumbing Board, he said, which stated that all work needs to be done under the direction and recommendation of a master plumber in the State of North Dakota. An installation team will be provided by the meter supplier, he stated, working under the direction of a master plumber. The installation team will coordinate water customer appointments and personnel to change out the meters, he said, and the master plumber will address any non-meter issues in customer premise plumbing, impacting meter installation. He said a low interest Clean Water State Revolving Fund (CWSRF) loan is recommended to be used to fund the AMI project since the system is considered a water efficiency project, which qualifies for the loan program. The annual debt service will be paid through the Water Utility, he said, and with improved water meter accuracy under the AMI project, it is realistic for the project to partially or fully pay for itself.
In response to a question from Commissioner Strand asking with RFPs if the City is required to go with the lowest bid even though it did not rate as high as another bidder, Mr. Hall said he wanted the best bang for the buck and that is why there were two parts to the evaluation and match-up so the City received the best proposal for the best cost.
In response to a question from Commissioner Preston asking about the cost savings, Mr. Hall said solid state meters are more accurate than mechanical meters, which are in the system now, and improved accuracy will capture more revenue.
Commissioner Kolpack said she sat in on the process for this project and she wants to commend the Finance Department for all of the leg work done during the process. She said she is very proud of the work done by staff in all the departments involved.
Commissioner Strand moved that the AMI System project be awarded to Core & Main/Sensus, to accept the North Dakota State Plumbing Board clarification regarding installation of water meters and to authorize Water Utility staff to apply for a CWSRF loan to fund the project after bond counsel review.

Second by Kolpack. On call of the roll Commissions Strand, Kolpack, Preston and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Naomi and Muhammad Tabassum, 3625 21st Street South (5 years).
b. Timothy and Ann Toso, 2627 18th Street South (5 years).
c. Derek and Amy Ouren, 1241 Oak Street North (5 years).
Commissioner Kolpack moved that the applications be approved.

Second by Preston. On call of the roll Commissioners Kolpack, Preston, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

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

Request from the Human Rights Commission to Adopt a Resolution Supporting a Permanent Ceasefire in the Middle East Lost for Lack of a Majority:
The Board received a communication from the Human Rights Commission requesting the City Commission adopt a Resolution supporting a permanent ceasefire in the Middle East.
Director of Diversity, Equity and Inclusion Terry Hogan said the Human Rights Commission adopted a Resolution supporting a permanent ceasefire in the Middle East on March 24th.
Commissioner Strand said there are a lot of people wondering what is local about this issue and he is reminded of Warren Christopher from Stanton, North Dakota who helped negotiate a Middle East Peace Settlement between Israel and Palestine and of Agnes Geelan, who was the first elected female Mayor in North Dakota and was later named one of America's 50 most prominent peacemakers. He said he also looked back to his parents' generation when genocide and identity-based violence was surfacing in Germany and wondered what his family members did. Technologies were not the same then, he said; however, it is known what is happening now and it affects people here and if he can contribute in any way to advancing the message for peace and bring humanitarian aid to people, he is all for it. He said if he can be part of an effort to lead to peace for everybody involved on all sides of the issue, he will stand for peace.
Commissioner Preston said everyone is horrified by the crisis stemming from the lack of water, food and medical supplies. Innocent children, women and elders, who have no involvement with Hamas, may die from starvation and diseases caused by the lack of clean water. She said this crisis is human made and it can be reversed with a ceasefire. She said it is egregious to say this is a war and people get killed in wars; starvation and collective punishment are not weapons of war. She said this is a moral question that goes beyond politics. People are dying due to no fault of their own, she said, and when there is an opportunity to amplify people's voices asking for a solution, especially when it comes to a human rights issue, she has an obligation to do so and those are the reasons she will support the Resolution. She said the individuals who have worked so hard to get this issue on the public table have enriched this community with their connections to the broader world.
Commissioner Kolpack said she acknowledges how the horrors of this global conflict have caused pain on all sides and she has taken seriously her responsibility to listen to Fargoans on the issue. She said she supports the Mayoral Proclamation, which is appropriate and balanced. As an elected leader in a nonpartisan office, she said, she took an oath to uphold the Constitutions of North Dakota and the United States as well as Fargo’s Home Rule Charter and she takes that oath very seriously. She said she comes prepared to City Commission meetings to vote and act on issues, understanding the facts and asking questions ahead of each meeting to get more information or clarification when needed. For this request, she said, she does not have the authority or intelligence to ask for international actions in a global conflict, nor does the City’s DEI Director have the experience or authority to ask State legislators, the Governor's office, the Congressional delegation or the president to take the same action. Over the past six weeks she has given this a lot of thought, she said, and has had several meetings with people on both sides. In conversations with many Fargo residents, she said, they have asked that the City Commission not take a position and get involved in an issue where it has no authority. Fargo residents want their Commissioners to do the work they were elected to do and not take positions on political or social issues or turn City Commission meetings into a platform for national or international issues for which they have no control or authority. She said some residents have said that recent meetings have made it intimidating for them to come forward with City-related issues and it is for those reasons she will not be voting to approve or advance the Resolution.
Mayor Mahoney said he wants to acknowledge everybody who has come to meetings to share comments and personal stories. He said his heart breaks for all the people impacted in the conflict, especially the children, and that is why he and the Mayor of Moorhead issued a joint proclamation, which seeks more than simply a short-lived ceasefire; it urges support for true and lasting peace in Palestine and Israel. The Proclamation he signed reflects Fargo's commitment to always strive for unity, compassion and dialogue, he said, to always aspire to be the city of inclusivity, justice and diplomacy. These are noble principles that he wishes for in the world, he said, and it is the duty of the City Commission to put its full focus on attaining these principles in Fargo. He said there is a limit to the Commission’s power and purview and the Commission has a responsibility to oversee Fargo’s City government and ensure residents receive the services they need. He said it is the Commission's job to do everything it can do to make Fargo a better place and it is beyond the scope to be weighing in on national and international policies and for these reasons, he will not be voting for the Resolution.
Commissioner Strand moved that the City Commission adopt a Resolution supporting a permanent ceasefire in the Middle East.

Second by Preston. On call of the roll Commissioners Strand and Preston voted aye.
Commissioners Kolpack and Mahoney voted nay.
Absent and not voting: Commissioner Piepkorn.
The motion was declared lost for lack of a majority.

The meeting adjourned at 6:15 o’clock p.m.