Fargo City Commission - February 5, 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., February 5, 2024.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Strand, Mahoney.
Absent: Preston.
Mayor Mahoney presiding.

Mayor Mahoney announced the City Commission 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 these matters in public in an open meeting would have an adverse fiscal effect on the City. Thus, an Executive Session for these matters 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 Section 44-04-19.1 subsections 2, 5 and 9 to discuss said pending litigation matter.

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

At 4:35 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 (via telephone), Strand, Mahoney.
Members absent: None.

The Executive Session closed at 4:57 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: A winter seed sowing workshop is February 17th at the Northport Library; a Winter Pop-Up STEM Event for kids at the Main Library will be February 17th; Dakota Medical Foundation’s Giving Hearts Day is February 8th and the City of Fargo’s Gladys Ray Shelter and the Police Department’s Badges of Unity Fund are among the organizations seeking financial support; and the second half of the State of the City video was shown.

Order of Agenda Approved:
Commissioner Kolpack 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 Strand moved that the Minutes of the Regular Meeting of the Board held on January 22, 2024 and the Special Meeting of the Board held on January 23, 2024 be approved as read.

Second by Kolpack. 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. Receive and file an Ordinance Amending Section 31-0102 of Article 31-01 of Chapter 31 of the Fargo Municipal Code Relating to the International Property Maintenance Code.
2. 2nd reading and final adoption of an Ordinance rezoning certain parcels of land lying in The Pines at the District Fourth Addition to the City of Fargo, Cass County, North Dakota.
3. Gaming Site Authorization for West Fargo Baseball, Inc. at Puerto Vallarta Bar and Grill.
4. Applications for Games of Chance:
a. Fargo-Moorhead #246 of the National Association of Women in Construction for a raffle on 3/7/24.
b. Vietnam Veterans of American Chapter #941 for a calendar raffle from 3/1-3/30/24.
c. Red River Range for a raffle on 4/19/24.
d. St. Mary’s Cathedral for a raffle on 5/5/24.
e. Ronald McDonald House Charities of the Red River Valley for a raffle board on 2/10/24.
f. USA Wrestling of North Dakota for a raffle on 7/18/24.
5. Contract and bond for Project No. SL-23-B1.
6. Bid advertisement for Project No. SR-24-A.
7. Memorandum of Offer to Landowner for an Easement (Temporary Construction Easement) with Aaron Properties, LLC (Improvement District No. BR-23-G2).
8. Purchase of Service Agreement with ND Department of Health and Human Services, Behavioral Health Division for withdrawal management program.
9. Purchase of Service Agreement with FM Metropolitan Council of Governments.
10. Notice of Grant Award from ND Department of Health and Human Services for PHEP-EPR All Hazards (CFDA #93.069).
11. Notice of Grant Award from the ND Department of Emergency Services for FY 2023 State and Local Cybersecurity Grant Program and related budget adjustments (CFDA #97.137).
12. Agreements to provide in-kind contributions to Comstock Services LLC, JGC Leasing LLC and Kjos Investments LLC for the Corvent Medical Project.
13. Tree and Stump Removal Services – 2024 Agreement with Cougar Tree Care, Inc. (RFP21023) and Landscape Maintenance Services – 2024 Agreement with All-Terrain Grounds Maintenance (RFP22004).
14. Bills in the amount of $11,329,827.84.

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:
Mohamed Sanaullah, Heidi Soliman, Eram Shahira, Marwan Minshar, Ahmed Abuzaanona, Ahmer Qarni, KJ Atkinson and Mahmoud Soliman spoke about Gaza; and Wess Philome spoke about the Police Department.

Annexation of Property Located in a Part of the Northwest Quarter of Section 14, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota: No Protests Received:
A Notice was published in the official newspaper for the City of Fargo, as required by law, on January 24, 2024 stating that a petition had been filed with the City of Fargo for annexation of 14.20 acres, more or less, located in a part of the Northwest Quarter of Section 14, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota.
No protests have been filed with the City Auditor’s Office after the publication of the notice.
The Board determined that no person is present to protest or offer objection to the annexation petition.
Current Planning Coordinator Donald Kress said this petition for annexation was brought forward by the landowner. The property is undeveloped and there are no existing residences or business in the annexation area, he said. The property to be annexed is part of a larger proposed industrial subdivision, he stated.
Commissioner Kolpack moved the Annexation of property located in a part of the Northwest Quarter of Section 14, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota be approved.
Second by Strand. On call of the roll Commissioners Kolpack, Strand, Piepkorn, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

First Reading of an Ordinance Annexing a Certain Parcel of Land Lying in the Northwest Quarter of Section 14, Township 140 North, Range 49 West, in Cass County, North Dakota:
Commissioner Kolpack moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and moved the Ordinance Annexing a Certain Parcel of Land Lying in the Northwest Quarter of Section 14, Township 140 North, Range 49 West, in Cass County, North Dakota be placed on first reading.

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

Parcels of Land in 46th Avenue Industrial Park Addition Rezoned (3336 52nd Avenue North):
At a Hearing held on July 6, 2023 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to LI, Limited Industrial.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said the plat will create two lots in one block intended for industrial development and is the result of the annexation petition, which was voted on earlier.
Commissioner Kolpack offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

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

First Reading of an Ordinance Rezoning a Certain Parcel of Land Lying in the 46th Avenue Industrial Park Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Kolpack moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in the 46th Avenue Industrial Park Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving 46th Avenue Industrial Park Addition:
Commissioner Kolpack offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “46th Avenue Industrial Park Addition” containing 2 Lots, 1 Block and 25.41 acres of land more or less, located at 3336 52nd Avenue North; and
WHEREAS, A Hearing was held July 6, 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 January 24 and 31, 2024 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., February 5, 2024 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 “46th Avenue Industrial Park 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.

2023 General Fund Year End Projections Received and Filed:
Finance Director Susan Thompson said this is part of the new process of looking at the General Fund on a quarterly basis and this time it coincides with the year-end projections. She said this is not the final year-end report and to Finance, year-end means they still have a lot of work to do to get everything ready for the budget. She said there is a column showing the year-to-date budget and a column titled Period 13, which is everything through December plus anything entered in January that reflects back to 2023. She said there are some remaining estimates and the biggest one now is State Aid for December, which is paid two months in arrears. She said with revenues, the budget is adjusted throughout the year and is now at $115 million and she is expects the projection to be $118 million with the biggest item being interest earnings on cash and investments due to the rate environment, which is higher than budgeted. She said the total expenditure budget is $116 million and she expects expenditures to come in right under $117 million, which would generate revenue over expenditures of about $1 million for the year.

In response to a question from Commissioner Kolpack asking what will be the process moving forward with internal finance discussions, Ms. Thompson said the intent is to meet quarterly with the Commissioners at brown bag-type sessions.

City Administrator Michael Redlinger said information sharing and reports throughout the year will help provide more information to the Commissioners to see how things are going, including more reports, more data and more information for actionable decision making.

Commissioner Preston said there is a strategic economics consultant with the Growth Plan and there is so much information there that relates to long-range planning. She said that would be a good place for discussion and she encourages the Board to take a look at that report and incorporate some of that into discussions.

In response to a question from Commissioner Strand asking about the new accounting software, Ms. Thompson said coincidentally she and her staff just had their first training session with Tyler Technologies.
Commissioner Strand moved to receive and file the 2023 General Fund year end projections report.

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

2023 Downtown Fargo Business Improvement District Overview:
Downtown Community Partnership Executive Director Rocky Schneider said the Business Improvement District (BID) works to improve and enhance the overall attractiveness and appeal of Downtown by making sure Downtown is clean, safe, maintained and properly promoted. BID staff includes an operations manager and several ambassadors in charge of cleaning, hospitality and safety, he said. The 2023 financials were $904,976.00 in revenue received mainly from assessments, he said, and annual expenses were $903,811.00. There are five zones in the BID and in 2024 Zone 1 will be expanded to Roberts Alley, he said, as well as Main Avenue from Broadway to the Red River. BIDs services include litter control, graffiti removal, sidewalk pressure washing, weed control, as well as cleaning benches, trash cans, directory signs and cigarette receptacles, he said, and beautification tasks include winter lights, seasonal flags, flower baskets, tree trimming and shrub pruning. He said in 2023 684 pieces of graffiti were removed, 5,126 pieces of infrastructure were disinfected, 42 referrals were made to the Mobile Outreach Unit, crews spent 240 hours power-washing and they removed 16,175 pounds of recycling and 98,342 pounds of trash.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Conner Riley, 120 University Drive South (5 years).
b. James and Sandra Roers, 4420 Carrie Rose Lane South (5 years).
c. Gregory and Suzanne Morrison, 4422 Carrie Rose Lane South (5 years).
d. Timothy and Patricia Mayo, 4404 Carrie Rose Lane South (5 years).
e. Brian and Marea Berg, 135 North Woodcrest Drive North (5 years).
f. Robert and Kathleen Bennett, 3221 36 Avenue South (5 years).
g. Ann Zimny, 1010 26 Street North (5 years).
h. Spaceage Properties, LLC, 1402 39th Street North (5 years).
i. Kevin and Jeanne Moug, 4406 Carrie Rose Lane South (5 years).
j. Mary Ann Armbrust, 4428 Carrie Rose Lane South (5 years).
k. Earlyne Hector, 4440 Carrie Rose Lane South (5 years).
l. John Hicks, 4424 Carrie Rose Lane South (5 years).
m. Thomas and Anna Marie Heistand, 4408 Carrie Rose Lane South (5 years).
Commissioner Kolpack moved the applications be approved.

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

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

Commissioner Kolpack moved that the Board adjourn to 5:00 o’clock p.m., Tuesday, February 20, 2024.

Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:16 o’clock p.m.