Fargo City Commission - April 15, 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 4:30 o'clock p.m., April 15, 2024.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
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 Case Number 09-2023-CV-02540 titled “City of Fargo v. State of North Dakota” and that 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. An Executive Session in accordance with North Dakota Century Code Section 44-04-19.2 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 matter.
Second by Strand. All the Commissioners 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 the litigation matter in Executive Session.
Members present were: Kolpack, Piepkorn, Preston, Strand, Mahoney.
Members absent: none

The Executive Session closed at 4:50 o’clock p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.
All Commissioners present. Mayor Mahoney presiding

Commissioner Kolpack moved to authorize the City Attorney’s office to file an appeal of the District Court’s February 20, 2024 Order and February 28, 2024 Judgement in Case Number 09-2023-CV-02540.

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.

The Mayor read a message with the following information: The Engineering Department submitted applications to the Flexible Transportation Fund and was awarded $1.4 million for reconstruction of NP Avenue between 8th Street and Broadway in 2025; hydrant flushing and inspections begin April 16th; the Library will host the Prairie Garden Workshop on April 17th and a Craft Supply Swap on April 20th; North Dakota Poet Denise Lajimodiere will give a presentation on April 29th; and Kaylee Trana’s submission of student artwork was selected to be featured on a local MATBUS and all 20 submissions of student artwork entered in the contest are on display at City Hall.

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

Minutes Approved:
Commissioner Kolpack moved that the Minutes of the Regular Meeting of the Board held on April 1, 2024 be approved as read.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.

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

1. Letter of Support for the Hale Properties and Sioux Surgical application to the ND Opportunity Fund.
2. 2nd reading and final adoption 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; 1st reading, 4/1/24.
3. 2nd reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Golden Valley Fourth Addition to the City of Fargo, Cass County, North Dakota; 1st reading, 4/1/24.
4. Gift Agreement and Quit Claim Deed with Lake Agassiz Habitat for Humanity, Inc.
5. Findings of Fact, Conclusions and Order of the Board of City Commissioners of the City of Fargo for property located at 1022 9th Avenue North.
6. Findings, Conclusions and Order of the Board of City Commissioners of the City of Fargo regarding the Liquid Hospitality, LLC d/b/a Windbreak Saloon License Violation.
7. Site Authorizations for Games of Chance:
a. Boys and Girls Club of the Red River Valley at Suite Shots (5/6/24).
b. North Dakota Association for The Disabled, Inc. at Bulldog Tap.
c. North Dakota Association for The Disabled, Inc. at Cowboy Jack’s.
d. North Dakota Association for The Disabled, Inc. at O’Kelly’s.
e. Northern Prairie Performing Arts at SouthTown PourHouse.
f. Northern Prairie Performing Arts at The Windbreak.
g. Fraser Ltd. at Golf Addiction.
h. Fraser Ltd. at Space Aliens.
i. Fraser Ltd. at Cairo Restaurant and Bar.
j. Red River Human Service Foundation at Doublewood Lounge.
k. Red River Human Service Foundation at Fargo Elks Lodge #260.

8. Applications for Games of Chance:
a. Bella Garcia Fundraiser for a raffle on 4/28/24; Public Spirited Resolution.
b. Hope Blooms for a raffle board on 5/7/24.
c. Lincoln Elementary PTA for a raffle on 4/26/24.
d. Benefit for Buretta Family for raffle on 4/27/24; Public Spirited Resolution.
e. Pray for Gray for a raffle on 5/10/24.
f. El Zagal Provost Guard for a raffle on 9/12/24.
g. Red River Valley Woodcarvers for a raffle, calendar raffle and raffle board 4/26/24-4/28/24.
9. Sponsorship of the 2024 Juneteenth event up to $15,000.00.
10. Revisions to the Excavation Fees and Guidelines, as presented.
11. Developer Agreement with Scheels All Sports, Inc. for Crossroads Corporate Center Second Addition.
12. Change Order No. 1 in the amount of $38,420.00 for Project No. ER-23-A1.
13. Bid advertisement for Project No. UR-24-G.
14. Bid award to Border States Paving, Inc. in the amount of $638,811.80 for Project No. SR-24-B1.
15. Contract and bond for Project No. PR-24-C1.
16. Contract and bond for Project No. TM-24-A1.
17. Final Balancing Change Order No. 2 in the amount of $0.00 for Improvement District No. UR-23-C1.
18. Memorandum of Offer to Landowner for Permanent Easement (Sidewalk) with
L S Development, LLP (Improvement District No. SR-24-B1).
19. Easement (Temporary Construction Easement) with North Dakota State University Development Foundation (Improvement District No. BR-24-F1).
20. Create Improvement District No. AN-24-A (Alley Paving).
21. Create Improvement District No. PR-24-A (Concrete Paving Rehab/Lane Widening).
22. Bid award to Master Construction Company, Inc. in the amount of $1,253,194.00 for Improvement District No. BN-24-A1.
23. Access Easement (44th Street and Utilities) with Southeast Cass Water Resource District (Improvement District No. BN-24-B1).
24. Contract and bond for Improvement District No. PR-24-F.
25. Items from the FAHR staff meeting:
a. Budget adjustment using CDBG funds in the amount of $124,034.00 for downtown mobile unit.
b. Funding in the amount of $21,500.00 for an investigation and report on the North Parking Deck at City Hall.
c. Adjusted bid award to Bailey Nurseries in the amount of $82,500.00 (RFP23151).
d. Early order for 4 trucks for Solid Waste totaling approximately $1.25 million.
e. Extension of the Prairie Public Lease Agreement to include the two,
3-month extension option at a rate of $18,667.67/month from 5/24-10/24.
f. Purchase Agreement with Holm Properties, LLC for City owned property located at 924 15th Street North.

26. Resolution Authorizing the Issuance and Sale of $25,705,000.00 City of Fargo Refunding Improvement and Refunding Improvement Refunding Bonds, Series 2024 (Improvement District No. FP-19-A) (Attachment “A”).
27. Selection of the top three submissions of artwork for bus wraps.
28. Resolution approving Plat of The Pines at the District Sixth Addition (Attachment “B”).
29. Resolution approving Plat of Crossroads Corporate Center Second Addition (Attachment “C”).
30. Resolution approving Plat of Brekke’s Addition (Attachment “D”).
31. Notice of Grant Award from the ND Department of Emergency Services for FY2023 State Homeland Security Program for the purchase of a TCV from NABCO for the Red River Valley Bomb Squad (CFDA #97.067) (RFP24162).
32. Direct the City Attorney’s Office to Amend Fargo Municipal Code 5-0406 - Terms of Office.
33. Receive and file Bias Motivation and Hate Crime Report for year-end 2023.
34. Extension of unpaid leave for Brett Schaible through 7/9/24.
35. Bills in the amount of $6,882,242.11.
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.
Resident Comments:
Patrick Kelly spoke about freedom of speech and music; Paul Stalcup spoke in appreciation of what staff and Commissioners do for the City; KJ Atkinson, Alen Fejzic, Prairie Johnson, Julianna Soliman, Asher Lorentzen and Allison Slavik spoke about the Israel-Hamas war; and Wess Philome spoke about the Police Advisory and Oversight Board.

High Plains Fair Housing Center Presentation:
Commissioner Strand said several months ago, Michelle Rydz from High Plains Fair Housing gave a presentation to the Human Rights Commission on demographic trends in Fargo neighborhoods and he thought since April is Fair Housing Month it would be good to have Ms. Rydz giver her presentation to the Board.
Ms. Rydz said the High Plains Fair Housing Center is a nonprofit organization with its main focuses being education and outreach, enforcement of housing discrimination and advocacy. In North Dakota, she said, under the Fair Housing Act, it is illegal to discriminate based on race, color, religion, sex, familial status, a home with a child under 18 or disabilities. The Center has taken over 1,400 fair housing intake calls since 2016, she said, with the majority based on disability discrimination. In Fargo in 2023 there were 275 calls and of them 143 were related to housing discrimination, she said. Higher calls were not due to more discrimination, she said, it is that more people know what their rights are and are doing something about it. She said cities such as Fargo that receive Federal funding, must administer programs and activities in a way that addresses inequity, promotes integration, reduces segregation and transforms racially or ethnically concentrated areas of poverty into areas of opportunity. She shared data showing North Dakota was the fourth fastest growing state according to the 2020 census, growing 16%. Cass County alone grew by 23%, she said, with Fargo, Bismarck and areas near the oil fields being epicenters of this growth. She shared maps showing predominant racial groups and shifting school demographics and said there are segregation patterns reflecting in the schools and housing choices are being affected. The Fargo-Moorhead Regional Housing Analysis projects a need for nearly 15,000 housing units in the next 10 years, she said. One way to determine if barriers to housing choice exists, she said, is to analyze zoning and what kind of permits are being requested and making sure to promote affordable housing development in areas of high opportunity to address disproportionate needs based on race and color and ensure developments are not built in census tracts that are minority or trending that way. The next steps, she said, is, at a minimum, Fargo must insure that developers and property managers are addressing increasing segregation patterns in our neighborhood and schools, are educated in fair housing law and can effectively demonstrate how they will affirmatively further fair housing. She said other ideas are to address the segregation of opportunity and related inequitable distribution of resources, Fair Housing training for Planning Commission and housing professionals, penalties for “slum landlords” and more diversity in the housing provider professionals.

Discussion on Board of City Commissioners Governance Policies: City Attorney and Mayor Directed to Prepare Policies for Adoption by Resolution:
Mayor Mahoney thanked the Commissioners for their time and input at the April 4th session and thanked Dr. Jeffry Schatz for his excellent facilitation services. A thoughtful consensus was achieved on the items discussed in the eight working sessions. The Mayor summarized the clean and redlined versions of the document and pointed out the following policies that were updated:
Policy No. 1 was clarified to include that the Mayor coordinates the performance review of the City Administrator.
Policy No. 2 has several elements, the financial planning and administrative section is strengthened and includes clarification on how the City Administrator handles fund balances and reserves. There is reference to the new purchasing policies and expectations for communicating the financial conditions of the City.
Policy No. 3 there is no change.
Policy No. 4 a row was added for clarity for agenda management including how citizens are to work through Commissioners for agenda items. Included is a new conflict of interest process.
Policy No. 5 includes the agreed upon updates of the Resident Comment portion of City Commission meetings. Three separate comment opportunities are described including: Resident Comment for agenda items; comments for Public Hearing items; and general resident comments will be at the end of the Commission meeting for those items not on the agenda. Mayor Mahoney said the policy had not been looked at for many years and this is an attempt to match Ordinance with policy.
Policy No. 6 has been updated for consistency back to Policy 4.
Policy No. 7 there is no change.
He said he is asking the Commission to authorize the City Attorney and himself to prepare the proposed Governance Policies for adoption by Resolution on Monday, April 29, 2024. After approval on April 29th, he said, the Commission and staff will work to implement the Governance Policies.
Commissioner Strand moved the Mayor and City Attorney be authorized to prepare the proposed City of Fargo Governance Policies as presented for adoption by Resolution at the April 29, 2024 City Commission meeting.
Second by Kolpack.

_Commissioner Preston moved to amend the motion to include the addition of the following to Policy No. 2a, Operational Expectation – Policy V (Financial Planning and Administration) under the Financial Administration Section: 10. Budget line items are not transferred from one fund to another unless reviewed by the Finance Committee and authorized by the Board of City Commissioners.

Second by Strand.

In response to a question from Commissioner Kolpack asking about concerns that this is counter to current policy, City Administrator Michael Redlinger said in discussions on April 4th, the attempt for Item No. 2 was clarifying and amplifying that the authorities that do exist are derived from the Finance Committee, derived from the Commission, and so if the language in the Amendment was desired it would be consistent with Charter and it at the Commission’s discretion on how it is handled.
In response to a question from Commissioner Strand asking which this policy triggers, the staff Finance Committee and the Quarterly Committee combination of the Finance Committee and the Board, Mr. Redlinger said going forward, the Finance Committee is now the Quarterly Committee and is derived of the Commissioners. He said the Staff Committee is not a Committee at all, it is a staff meeting with no delegated authority.
Commissioner Piepkorn said with the Finance Committee abolished, there is nothing and the set-up now is inadequate for a budget the size of Fargo’s. The prior committee had monthly meetings, and looking at the budget quarterly for a
multi-million dollar budget, with no oversight, is not even close to sufficient, he said.
Mayor Mahoney said the quarterly meetings allow any Commissioner to weigh in on any budget changes or fund transfers and has more clarity and transparency than ever. All Commissioners should be aware of any budget changes and the staff meeting will deal with smaller items not at the level to reach the Commission. He said the Commission sets the goals of the budget every year and the quarterly meetings are to check-in and see where things are with the budget, how things are changing and what to do. In the past, he said, Commissioners would weigh in on the budget and a year later the budget would be reported on to say how well things fared. He said quarterly meetings of the whole Commission are an opportunity for all to know where things sit, for comments and to vote up and down on any fund changes. Quarterly meetings give the Commissioners more opportunities to intervene on the budget, he said, and is truly a change.
Commissioner Kolpack said the general resident comments were never removed from the draft, so the confusion on that issue could have been avoided. She said the policies and protocols being proposed should help citizens understand and add more transparency to expectations. There is additional work not completed, she said, including a new Commissioner orientation packet and work for the Boards and Commissions for more transparency and consistency.
On call of the roll on the motion to amend, Commissioners Preston, Strand, Kolpack. Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried. `
On call of the roll on the original motion as amended Commissioners Strand, Kolpack, Piepkorn, Preston, and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Update on the Riverfront Renewal Plan and Tax Increment Financing District:
Director of Strategic Planning and Research Jim Gilmour said the Board approved a Riverfront Renewal Plan and Tax Increment Financing (TIF) District in 2021. The overall plan included activities to remove blighted conditions, improve public spaces and encourage private and public sector redevelopment. Two activities have begun, he said, TIF funds were used for demolition of the former Mid-America Steel site buildings and the City approved using future TIF funds for costs of Riverhouse Apartments at 419 3rd Street North. He shared a list of the activities in the plan that would use TIF funds to implement the plan, the initial estimate of costs, status of the activity and a very approximate estimate of remaining costs. He said the activities are all very different; however, they can be grouped into three types of activities:
• Affordable housing (Lashkowitz, Prairie St. John site, Burell site)
• Public Realm (Civic Plaza, Riverfront at Mid-America site, parking)
• Redevelopment (Mid-America site, former PD and Health buildings, private surface parking lots and older buildings appropriate for redevelopment)
He said two activities could be implemented in the next year, and another that could be ready later this year:
• The Fargo Housing Authority has requested $536,000.00 to enhance the appearance and amenities, he said, in the new Lashkowitz housing project. An agreement is being drafted for your consideration in two weeks, he said and TIF money would not be needed until 2025 TIF funds are available.
• The Downtown lnfocus plan recommends some short-term steps to activate the City Hall Plaza, he said. The recommendation was to "Focus on temporary public art, upgrades to better support programming, clear connections to the Red River Trail and new trees and landscaping with a focus on supporting local habitats (butterflies), he said. No de-paving is anticipated at this time, he said. The recommendation further stated that the City should, "Target funding for tactical improvements for $100,000.00/year for the next five years, anticipating maintenance and repainting on an annual basis," he said.
• Prairie St. John (PSJ), he said, may be willing to sell property south of the hospital for a low-income housing project. There are discussions between the developer and PSJ, he said, and there could be a decision to sell later this year. The cost for site acquisition and demolition may be $500,000.00, he said.
He said most of the TIF funds available from 2023 and 2024 were used for demolition of buildings on the Mid-America Steel site and the balance in the Riverfront TIF fund, projected 2025 income, the costs of Lashkowitz and the Civic Plaza and the estimated balance are:
Balance March 2024 $ 84,469.45
Projected FY 2025 TIF $ 572,000.00
Available – 2025 $ 656,469.45
Fargo Housing $(536,000.00)
Civic Plaza $(100,000.00)
Balance $ 20,469.45
The lnfocus Report includes Implementation Steps for the Downtown Riverfront, he said and these steps will require advance planning and work could begin soon. Annual TIF funds will increase in future years to provide money to implement activities in the lnFocus Implementation Report and Riverfront Renewal Plan, he stated, and he estimates that $4.8 million will be available from 2026 to 2030 for Riverfront Renewal Plan implementation, with another $8.2 million available between 2031 and 2035. He shared annual estimates of revenue and said the TIF District may continue until 2046. He said he will bring the Housing Authority concept forward at the next meeting to see if the Board is interested in funding that. He said whether it be at a Special Meeting, a brown bag meeting, a quarterly Finance meeting or part of next year’s budget request, there needs to be discussion on the questions about which activities to still include or exclude, should new things be added and what are the priorities. He said input from Downtown residents and businesses is important on which of the activities are most important.
Mayor Mahoney said it is important that the new Lashkowitz housing project move forward and an update on what that involves would be timely to allow the Board to decide whether or not to fund that.
Commissioner Preston said she would encourage a brown bag for more discussion, and suggested a pro forma of the revenue and projected expenses of the proposed projects in order to get a sense of when the projects are getting plugged into a timeline. She said she has questions about what will happen with the Mid-America site and the planning for that.
Commissioner Strand said this is a good example of collaboration.

Amendments to the Tax Increment Financing (TIF) Policy Approved:
Strategic Planning and Research Director Jim Gilmour said the Economic Development Incentives Committee (EDIC) is recommending an amendment to the TIF Policy to encourage developers to remove blighted buildings in the first phase of redevelopment. He said the second phase would be review of the details of the proposed new development and a financial review to determine if additional incentives are needed. He said he is seeing situations of buildings that are economically and functionally obsolete and the owner does not know what will be done with the property in the long term and it is probably best for them and the community if the sites were cleared. He said for example, the entire Sahr’s block is vacant and the developer is not ready to move ahead. The new policy provides that the Renewal Plan would be written right away, a Development Agreement would state within five years the site would be redeveloped and certain costs would be reimbursed; however, only from the new development, he said. The City is not putting any money up front, he said, and it puts the developer on the clock to get something redeveloped. Cost limitations would be stricter than currently, he said, it would be the cost of demolition and cost of the value of the building as determined by the City Assessor. TIF assistance would be limited to a 5-year window, he said, and if they have an exemption, the 5-year period would start after the exemption was over. He said with construction costs, interest rates and demand for housing, developers have sort of a hit pause button on developments that otherwise may move forward. Evaluations will include conditions of existing building, short term benefits, potential for redevelopment and factors why the development cannot happen right away and time needed for redevelopment, he said. Requests would go to the Economic Development Incentives Committee who would make their recommendation to create the renewal plan, he said, which would come to the Board and include a Public Hearing.
Fire Chief Steve Dirksen said he supports the policy change and incentives to help take them down. The Fire Department responds to deficient buildings regularly and the Police Department responds to calls other than fires. As a public safety official, he said, if they can be taken out it would help keep employees safe, keep the community safe and make it a better place.
Commissioner Kolpack moved the amendments to the Tax Increment Financing Policy be approved as presented.

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.

Police Chief and City Attorney Directed to Research Enforcement of Vehicles Illegally Altered to Create Noise:
Commissioner Preston said she has heard from constituents frustrated with the noise generated by vehicles illegally altered for creating noise. She said noise caused by these altered vehicles cause sleep disturbances and irritation, particularly Downtown. While it is not clear what, if anything, can be done she would like the Police Department and City Attorney to discover what can be done at a local level.
Police Chief David Zibolski said this has been discussed; however, under current City Ordinance, there is nothing he can do. He said normally when something is seen to be illegal, it would be kept until the illegality was cured; however, a mechanism for that would be needed. He said this motion gives the PD and City Attorney an opportunity for some options and items to look at that could be brought forward for the Board’s consideration. Enforcement is hit and miss as far as catching vehicles with the altered mufflers or dangerous driving and the authority to do something needs to be assembled, he said.
Commissioner Strand said this is one of many topics of concern such as street racing and speeding. He would like to see the motion expanded to include more than just noisy modified vehicles.
Commissioner Preston moved the Police Chief and City Attorney be directed to research enforcement of vehicles illegally altered to create noise and report their findings to the City Commission.

Second by Kolpack.

Commissioner Strand moved to amend the motion to include speed racing and other safety issues on City streets.
Second by Preston. On call of the roll Commissioners Strand, Preston, Kolpack, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

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

New Paving and Utility Construction Improvement District No. BN-23-E1: Protests Received and Declared Insufficient:
The Statutory Resolution of Necessity for the construction of New Paving and Utility Construction Improvement District No. BN-23-E1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota, on February 28 and March 6, 2024 and protests representing 41.5 percent of the legal protest area have been received and filed in the office of the City Auditor within the legal protest period.
City Engineer Tom Knakmuhs said typically project awards are on the Consent Agenda; however, this had a high rate of protest so he wanted to share information on the project. The project is a one mile stretch on 45th Street North from 19th to 32nd Avenue. The project supports developer requested adjacent commercial and limited industrial development. He said there has been growth in recent years in the area, Lavernes 1st Addition, EW Wylie and Laverne’s 2nd Addition and the question became whether 45th Street should be paved. It is currently gravel, he said and maintenance is about $50,000.00 annually and recent development will increase traffic volumes and maintenance costs. Paving would support development to the east and the west, he said. Project limits were discussed, and consideration was given to pave only 19th Avenue to 28th Avenue, or 19th Avenue to 32nd Avenue, he said; however, it was best to go from 19th Avenue all the way to 32nd. Otherwise, he said, a half-mile of gravel roadway would be left to maintain from 29th to 32nd Avenue. The developable land north of 28th Avenue, in Fargo’s ET would also benefit, and Reile’s Acres was approached and willing to cost participate in their portion, he said, which is about $624,495.99. As far as pavement type, he said, knowing there will be a lot of truck traffic on the road, concrete was selected. He said it has a higher initial cost but lower calculated life cycle costs and asphalt would require load restrictions each spring. He said Century Code describes how protests should be calculated and basically says if owners of the majority of the area protest that bars proceeding utilizing special assessments. A total of 9 protests were received for a total of 41.5% of the Improvement District, he said, and had it been 50% or more State law would require the bids be rejected. There was a meeting on April 9th with 2 property owners who protested and represent 33.6% of the Improvement District and the reasoning was discussed, he said. He encouraged them to reach out to Commissioners if they still did not support the project, he said.
Commissioner Piepkorn said it was good that Mr. Knakmuhs met with property owners. He said he has not heard from any of them.
In response to a question from Commissioner Piepkorn regarding the weight restrictions in Reile’s Acres, Mr. Knakmuhs said the property owners would like to see that modified; however, Reile’s Acres fully controls that roadway with their City limits on both sides. There are year-round restrictions on that road that limit weights of vehicles, he said, and he does not believe they have any intention of changing the load limits as there are a number of residential properties that front that roadway.
In response to a question from Commissioner Preston asking whether deferrals are expected on both sides of 45th, Mr. Knakmuhs said the property owner to the west is likely to seek a deferral for the special assessments associated with this project and there is a potential that some of the properties within Laverne’s 2nd Addition could also make that request.
In response to a question from Commissioner Strand asking about the assessment district, Mr. Knakmuhs outlined it and said it runs a mile east of 45th to the Interstate and a quarter mile is in the City of Fargo ET and a quarter mile on the north end is within Reile’s Acres city limits. He said if no deferral is given the land would be special assessed and the area outside Fargo’s city limits would be quantified to the benefit and once the land comes into city limits then special assessments would get attached to the property.
Commissioner Piepkorn moved the protests be received and filed and declared insufficient.

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.

Bids Received for New Paving and Utility Construction Improvement District No. BN-23-E1:
The bids for New Paving and Utility Construction Improvement District
No. BN-23-E1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., March 27, 2024 and the bids were found to be as follows:

Dakota Underground Company Inc. Fargo, ND
Bid: $3,643,790.33

Northern Improvement Company Fargo, ND
Bid: $3,855,398.54

Park Construction Company Minneapolis, MN
Bid: $4,194,135.97

Border States Paving Inc Fargo, ND
Bid: $4,237,986.48

KPH, Inc. Fargo, ND
Bid: $4,360,482.20

All Finish Concrete, Inc. West Fargo, ND
Bid: $4,653,523.30

Contract for New Paving and Utility Construction Improvement District No. BN-23-E1 Awarded to Dakota Underground Company Inc. in the Amount of $3,643,790.33:
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of New Paving and Utility Construction Improvement District
No. BN-23-E1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received March 27, 2024 for New Paving and Utility Construction Improvement District No. BN-23-E1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for New Paving and Utility Construction Improvement District No. BN-23-E1 shows the bid of Dakota Underground Company Inc. of Fargo, North Dakota, in the sum of $3,643,790.33 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Dakota Underground Company Inc. in the sum of $3,643,790.33 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for New Paving and Utility Construction Improvement District No. BN-23-E1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dakota Underground Company Inc. for the sum of $3,643,790.33, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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

Application for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Bell Bank, 520 Main Avenue (5 years).
b. Austin and Annika Avery, 1532 36th Avenue South (5 years).
Commissioner Preston moved the applications be approved.

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.

Dean Bresciani Appointed to the Airport Authority:
The Board received a communication from Mayor Mahoney recommending that Dean Bresciani be appointed to the Airport Authority.
Commissioner Strand moved Dean Bresciani appointed to the Airport Authority for a five-year term ending April 8, 2029.

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

Troy Goergen and Mike Ellingson Reappointed to the Fargo Dome Authority:
The Board received a communication from Mayor Mahoney recommending that Troy Goergen and Mike Ellingson be reappointed to the Fargo Dome Authority.
Commissioner Kolpack moved Troy Goergen and Mike Ellingson be reappointed to the Fargo Dome Authority for four-year terms ending April 1, 2028.

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.

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

The time at adjournment was 6:54 o’clock p.m.