Fargo City Commission - January 22, 2024 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 5:00 o'clock p.m., Monday, January 22, 2024.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: Activities at the Library include the Winter Puzzle Competition January 28th; monthly Community Game Nights are at the Northport Library the first Monday of each month; a
year-long reading challenge for residents age 16 and older; Fargo middle and high school students are invited to create artwork that could be featured on a local MAT bus for a year with a theme of environmental stewardship and climate resiliency, the deadline for submission is February 2nd; the Mayor participated at the annual State of the City event hosted by the Chamber and part of the State of the City video was viewed.

Order of Agenda Approved:
Commissioner Preston 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 January 8, 2024 be approved as read.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.

Consent Agenda Approved:
Commissioner Strand moved the Consent Agenda be approved as follows:
1. Amendment to Developer Agreement, Certificate of Completion and Tax Increment Note (Tax Increment Financing District No. 2019-02) with NC Land Lease, LLC.
2. Interest Buydown Agreement - Pace Program with the Bank of ND for EPIC Unite Real Estate Holdings LLC.
3. 2nd reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Pracs Second Addition to the City of Fargo, Cass County, North Dakota.
4. 2nd reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Gamma Fargo Addition to the City of Fargo, Cass County, North Dakota.
5. Pledged securities as of 12/31/23.
6. Applications for Games of Chance:
a. Knights of Columbus 11930 Sts. Anne and Joachim for a raffle on 5/16/24.
b. Minnesota Farm Bureau Foundation for bingo and a calendar raffle on 2/2-2/3/24; Public Spirited Resolution.
c. Muskies Inc. F-M Chapter for a raffle on 2/8/24.
d. Bethany Auxiliary for a calendar raffle on various dates throughout the year.
e. FM Walleyes Unlimited, Inc. for a raffle on 4/4/24.
f. FM Walleyes Unlimited, Inc. for a calendar raffle from 1/26-12/5/24.
7. Agreements Regarding Deferral of Special Assessments with Bruce P. Brand and Elwood Jay Brand for properties located at 2101 57th Street North, 5401 19th Avenue North and 5617 19th Avenue North.
8. Bid advertisement for Project No. FM-24-A.
9. Bid advertisement for Project No. NR-24-B.
10. Bid advertisement for Project No. PR-24-C.
11. Pipeline Easement and Agreement with Cass Rural Water Users District (Project No. VF-23-B1).
12. Contract and bond for Project No. QR-24-A1.
13. Final Balancing Change Order No. 2 in the amount of $17,707.16 for Improvement District No. PN-23-E1.
14. Memorandum of Understanding Regarding Easements and Restoration of Parking Surface, Permanent Easement (Street and Utility) and Easement (Temporary Construction Easement) with the Park District of the City of Fargo (Improvement District No. NR-24-A1).
15. Bid award to Strata Corporation in the amount of $257,758.50 for Improvement District No. TN-23-A2.
16. Create Improvement District No. PR-24-E (Seal Coat).
17. Contract and bond for Improvement District No. BR-24-B.
18. Purchase of Service Agreement with Cass Human Service Zone.
19. Notice of Grant Award with ND Department of Health and Human Services to increase the number of Farm to School and/or Farm to Table programs (CFDA #93.110).
20. Letter of Agreement with ND Department of Health and Human Services, Family Health and Wellness Unit.
21. Purchase of Service Agreement with The Milton Earl.
22. Direct the City Attorney to amend Section 31-0102 of the Fargo Municipal Code Relating to the International Property Maintenance Code – Enclosure Requirements.
23. Resolution Approving Plat of The Pines at the District Fifth Addition (Attachment “A”).
24. Resolution Approving Plat of Northern Sheyenne Land Fourth Addition (Attachment “B”).
25. Grant Award and Acceptance - Law Enforcement Resiliency Grant from the ND Office of the Attorney General in the amount of $21,960.00 and related budget adjustments (Grant #RS25004).
26. Grant Award and Acceptance – Project Safe Neighborhoods (PSN) Grant Program from the ND Office of the Attorney General in the amount of $61,924.74 and related budget adjustments (Grant #PSN2201).
27. Contract with GMV Synchromatics Corporation for fixed route software and hardware (RFP23214).
28. Bills in the amount of $15,850,418.09.

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

Resident Comments:
Faith Dixon and Mike Wiles spoke about Police Department actions and Kyle Feldhake, Prairie Johnson, Cori Edgerton, Asher Lorentzen and Allison Slavik spoke about atrocities happening in Gaza.

Parcels of Land in The Pines at the District Fourth Addition Rezoned (4000 53rd Avenue South and 5461 and 5537 38th Street South):
At a Hearing held on October 3, 2023 the Fargo Planning Commission recommended approval of a change in zoning to repeal and re-establish a C-O, Conditional Overlay.
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 current conditional overlays will be repealed and re-established to address the change in lot configuration, which is the combination of all or portions of three existing lots into two lots in one block.

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 and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it 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, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

First Reading of an Ordinance Rezoning Certain Parcels of Land in The Pines at the District 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 The Pines at the District Fourth Addition be placed on first reading.

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

Resolution Adopted Approving The Pines at the District Fourth Addition:
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 “The Pines at the District Fourth Addition” containing 2 Lots, 1 Block and 15.23 acres of land more or less, located at 4000 53rd Avenue South and 5461 and 5537 38th Street South; and
WHEREAS, A Hearing was held October 3, 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 10 and 17, 2024 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., January 22, 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 “The Pines at the District Fourth 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.

Waiver of Requirement to Install a Public Sidewalk on Lots 13, 14 and 15, Block 16, Woodcrest Third Addition Denied:
A Hearing had been set for this day and hour on an application requesting a Waiver of Requirement to install a public sidewalk on Lots 13, 14 and 15, Block 16, Woodcrest Third Addition (155, 161 and 167 South Woodcrest Drive North).

Current Planning Coordinator Donald Kress said the current cul-de-sac street was installed in 1969 and a sidewalk was installed only on the west end, even though the entire cul-de-sac was developed with single-dwelling residences. He said there is no documentation as to why sidewalk was not installed around the entire cul-de-sac. Lots 16 through 20 on the east end of the cul-de-sac were bought by the City after the 2009 flood and a levee was installed, he said. A stormwater lift station was installed and there is now a driveway from the street in the cul-de-sac to the lift station, he stated, which will also be a connection to a future trail to be established on the wet side of the levee along the Red River. He said Engineering will be reconstructing the streets in the Woodcrest area this year as part of the normal maintenance cycle and it is the City’s policy to install sidewalks where there currently are none, even if there were none originally installed. The residents of the subject properties in Woodcrest have spoken with Engineering and Planning staff on how to protest the installation of the sidewalk, he said, which led to this Public Hearing. Regardless of the outcome of the Hearing and following City design standards, he said, the City Engineer has stated sidewalk will be installed in the right of way in front of the City-owned flood-buyout properties at the east end of the cul-de-sac in order to have complete sidewalk connectivity.

Jon Erickson, 161 South Woodcrest Drive North, said the sidewalk is not necessary and has not been there since their house was built and other cul-de-sacs also lack sidewalks. He said it will not increase the safety of pedestrians who can access the greenspace and the sidewalk will cost the City and themselves money which could be more effectively used for other, more important purposes.

In response to a question from Commissioner Strand asking the cost of the sidewalk installation, City Engineer Tom Knakmuhs said the project has been bid and the price is $5,400.00 to install across the three parcels. Costs are capped, he said, and either Prairie Dog or Sales Tax funds will be used. He said if sidewalks do not exist, by Ordinance they are put in as part of a project or if there is a complaint by a resident that a sidewalk does not exist. A property owner would be given an opportunity to install a sidewalk on their own, he said, or it could be added as part of the City-wide sidewalk project.

In response to a question from Commissioner Preston asking about sidewalks on the other properties in that cul-de-sac, Mr. Kress said only these three properties requested a sidewalk waiver.

Mayor Mahoney said by Ordinance there has to be sidewalks throughout the community and it has been a goal to make Fargo a walkable city.

Commissioner Preston moved the Waiver of Requirement to install a public sidewalk on Lots 13, 14 and 15, Block 16, Woodcrest Third Addition (155, 161 and 167 South Woodcrest Drive North) be denied.

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

Application for an Ownership Change of the Alcoholic Beverage License for Herd and Horns Sports Bar & Grill, LLC d/b/a Herd and Horns Approved:
A Hearing had been set for this day and hour on an application for an ownership change of the Class “FA” Alcoholic Beverage License for Herd and Horns Sports Bar & Grill, LLC d/b/a Herd and Horns located at 1414 12th Avenue North, Site F, 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 transfer is due to adding one of the owner’s spouse to the ownership group.

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 Milk Made, LLC d/b/a Milk Made for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Milk Made, LLC d/b/a Milk Made for a Class "GH" Alcoholic Beverage License at 612 23rd 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 Spraque said this business has been in existence for a number of years, operating out of Square One Kitchen and now will have its own brick and mortar location. He said the business is a cheese shop and does a lot of catering. He said they expect to be open to the public a couple of days a week when the public can walk in and when they cater, beer and wine could be served.

Commissioner Piepkorn moved the application 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.

Application Filed by Synclaire Events Venue d/b/a Synclaire Events Venue for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Synclaire Events Venue d/b/a Synclaire Events Venue for a Class "RZ-V" Alcoholic Beverage License at 613 1st Avenue North, 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 the location is the Stone Building, or former Avalon and will operate similarly, more on wedding type events and less concerts.

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 John Deere Electronic Solutions, a Division of John Deere & Company for a Five-Year Property Tax Exemption Approved:
A Hearing had been set for December 11, 2023, on an application filed by John Deere Electronic Solutions, a Division of John Deere & Company for a five-year property tax exemption at 4101 19th Avenue North, which the applicant will use which the applicant will use primarily for manufacturing and programming of receivers, displays, controllers, modems and inverters.
At the December 11, 2023, Regular Meeting the Hearing was continued to January 8, 2024.
At the January 8, 2024, Regular Meeting the Hearing was continued to this day and hour.
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 84,000 square foot addition would double the size of the 10-year old building on the site and the investment is about $16.8 million and about $600,000.00 in machinery and equipment research. They employ 157 people at the current building and have committed to 38 jobs from their leased location in West Fargo, he said, and additional jobs are likely; however, the workforce is variable.

Rich Malmgren, John Deere Electronic Solutions, said this is the electronic arm of John Deere and products are shipped to all Deere & Company locations in 160 countries. Products are produced and designed here, he said, and the expansion at this location will include electronics manufacturing including inverters.

Commissioner Kolpack moved that the application filed by John Deere Electronic Solutions, a Division of John Deere & Company for a five-year property tax exemption pursuant to Chapter 40-57.1, NDCC be approved.

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.

Report on a Public Survey Regarding City Governance:
Commissioner Preston said there have been conversations on governance structure and Fargo is privileged to have a university here with expertise. She said when The Forum article was published about research done by the Director of the Upper Midwest Center on Public Policy at NDSU Dr. Nicholas Bauroth, both she and Commissioner Strand felt it would be good to invite him for a more in-depth conversation.

Dr. Bauroth shared his results from a survey conducted last fall of residents on perceptions regarding the form of governance in the City and how well the City provides services. He said the mail survey of a number of Fargo voters came from a list of households participating in the June 14, 2022 City Commission election. He said it indicated most respondents are content with City services, less satisfied with the Commission and are receptive of changing governance to a City Council format. He said about 49.4% said they would support a change to a City Council form while 19.9% would not, which indicates the Council format has peaked interest.

Commissioner Preston said she is interested in trends over time, particularly the perception of the quality of City services, perhaps an annual survey could be done.

Commissioner Kolpack said the 2024 budget includes a Zen City survey that compares like-size cities and includes the ability to add local questions. She said it will have benchmarking and provide a snapshot about services and issues important to the citizens.

Mayor Mahoney said he heard Sioux Falls, South Dakota is having some difficulties with the Ward system. He said people feel the need to be in contact with Commissioners and if a question is posed as to how to get better representation, the reality is that all the Commissioners are easily accessible by email, phone and in person. He said Commissioners all have different personalities and with the at-large format a citizen is able to approach any one of the Commissioners.

Commissioner Strand said he appreciates Dr. Bauroth sharing the information and academic results. He said it is important to learn what the people want. He would like to know about strong mayor vs. weak mayoral structures, he said, there are so many variations. Also, he said, he is curious if the Commission numbers were expanded, what number would be appropriate, would they be at-large, wards, mixed at-large, districts and how would districts be created.

Dr. Bauroth said he is not doing another survey like this in the immediate future; however, he is interested in the subject matter due to Fargo being unique in many ways and it is the largest City Commission governance. There is no hostility about the Commission approach, he said; however, it is a question as the City grows and moves into the future. He said there are so many options and approaches across the country, and growing, expanding cities are more likely to reconsider what has been done in the past.

Commissioner Kolpack said she would ask what is the problem attempting to be solved by exploring kinds of government right now when there is a litany of priorities to address and competing priorities taking time and resources. She said the demographic representation of constituents across the board with 2,000 surveys distributed and 549 of those responding who voted in the last election may not be demographically representative of the City as it is today. The Zen City survey is a good start, she said, and will be demographically represented.

Commissioner Preston said this is only for information and was done at the local university. It is her understanding that Sioux Falls does not necessarily have problems with the Ward System, she said, they have a Mayor Council format where a Chief of Staff gets appointed by a new Mayor, so without a regular ongoing professional manager the amount of work has overwhelmed the Mayor at certain points. She said a problem that may exist in Fargo is that citizens feel their neighborhood needs are not being addressed. She said turnout for the election of the City Commission has been low and that lack of engagement may be reflective in lack of communication with Commissioners. It is not up to the Commissioners to change this, she stated, it is up to the community; however, bringing information forward hopefully engages and educates the citizens.

Mayor Mahoney said he recently returned from a US Conference of Mayors in Washington, D.C., with about 200 mayors and he agrees Fargo is unique and how it is structured is strong. He said there has been an increase in population in the last 10 years and he is pleased to be looked at as the City is doing a good job.

Marcia Pulczinski Appointed to the Board of Adjustment:
The Board received a communication from Mayor Mahoney stating the term of Jared Heller on the Board of Adjustment expired on June 30, 2023, and he no longer wishes to serve; therefore, he is recommending that Marcia Pulczinski be appointed to the Board of Adjustment.

Commissioner Piepkorn moved Marcia Pulczinski be appointed to the Board of Adjustment for a three-year term ending June 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.

Discussion on Discrimination in Policing Act:
Wess Philome, Fargo resident, said he would like the Board to consider legislation to protect vulnerable people in the community from biased-based policing, which he calls the Discrimination in Policing Act (D.I.P. Act). He said there are no publicly presented records reflecting the Police Department has followed its policies, specifically 401.6 and 401.7 and he asked the Board to require adherence. The murder of George Floyd happened four years ago, he said, and four years ago he became active in engaging City leaders on police reform and inclusion of black voices within the government and community. There is little to show for it, he said, with an ineffective Diversity, Equity and Inclusion Department and a Police Advisory and Oversight Board that is deeply tied to the Police Department it is impossible to hold the PD accountable. He shared examples of questions, incidents and statistics, along with efforts he and others have made without receiving any results. He said the Police Department lacks diversity, there needs to be guidelines in place to combat bias-based policing and proper oversight is needed to ensure adherence to policies. He said has been speaking before the Board for four years and still does not feel he is being heard. More needs to be done to ensure better data collection policies to provide insight into how the FPD is policing the community, he said, such as traffic stops by demographic data and more. He asked that if the Board does not move ahead with his suggested motion, that they consider requiring adherence to policy as an alternative, ensuring the safety of the black community.

Police Chief David Zibolski said the PD has reported on its efforts to reduce bias-based policing; the last mid-year report included a complete recap of 2021-2022 showing all the Community Engagement Team has done. In 2021, he said, the whole department, including civilian members, received training from a national instructor in implicit bias. In 2022, he said, the mid-year report was not done due to the tragic critical incident and it was determined it would be best to do a 2023 annual report, which is expected to be published mid-March to early April and will include all these efforts. In 2023 additional bias training and cultural competency training was brought in to keep everyone current, he stated. Diversity in the Department has grown exponentially, he said, and includes race, ethnicity, age and experience. The Police Academy class has 57% of the class members with a diverse representation, he stated. Demographic data on stops is something they want to track, he said, and the Intelligence and Analysis Unit has recently gotten to full capacity. He said some technology has been added to the budget to replace manual extraction of information.

In response to a question from Commissioner Preston asking when collection of ethnic information on traffic stops would be available, Chief Zibolski said it is a future project and there are changes needed on how citations are entered. He said it is important from a community transparency perception piece and will be put at the top of the project list.

In response to a question from Commissioner Preston asking about a report on specific complaints and analysis around them, Chief Zibolski said a full report was presented to the Advisory Board about a month and half ago by Deputy Chief Joe Anderson and the Professional Accountability Unit. They provided the annual statistics and information on areas including use of force, he said, and an important statistic is that the use of force is less than a half a percent in arrest situations, which is very low.

Mr. Philome said he does not feel the annual reports meet the specific criteria required nor includes specific instances and complaints. He said he does not believe that whatever the PD is currently doing is truly addressing the real issues at hand as far as how people of color are policed in this community.

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

Commissioner Strand moved that the Board adjourn to 5:00 o’clock p.m., Monday, February 5, 2024.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:56 o’clock p.m.