Fargo City Commission - November 12, 2024

Regular Meeting: Tuesday: November 12, 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 5:00 o'clock p.m., Tuesday, November 12, 2024.
The Commissioners present or absent were as shown following:
Present: Kolpack, Strand (via teleconference), Turnberg, Mahoney.
Absent: Piepkorn.
Mayor Mahoney presiding.

The Mayor read a message with the following information: Building permit values through October 2024 are 9% lower than 2023 levels, values are $648 million, down from $709 million for the same time period in 2023, the largest decline is in housing where single-family housing permits declined by 14%, from 211 to 181 and multi-family housing declined by 62%, and there have been 411 multi-family housing units permitted so far in 2024, compared to 1,083 during the same time period in 2023; ND Job Service staff will offer onsite, walk-in services at the Main Library November 19th from 2 to 4 p.m., the sessions are free of charge, registration is not required, and services available will include job seeking assistance, veteran’s services, information on training programs, resume building assistance, limited unemployment insurance assistance, and migrant and seasonal farmworker services; and a video was shown about the importance of maintaining lift stations, which pump wastewater from low areas to higher areas, helping to move wastewater across the City to the Water Reclamation Facility.

Order of Agenda Approved:
Commissioner Kolpack moved the Order of the Agenda be approved.

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

Minutes Approved:
Commissioner Turnberg moved that the Minutes of the Regular Meeting of the Board held on October 28, 2024 be approved as read.

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

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

1. Letter of Support for the RKAK Project to the ND Opportunity Fund Consortium.
2. 1st reading of an Ordinance Amending Article 11-09 of Chapter 11 of the Fargo Municipal Code, Relating to Littering of Public Places by Contractors.
3. 2nd reading, waive reading and final adoption of an Ordinance Annexing a Certain Parcel of Land Lying in a Portion of the West Half of Section 4, Township 138 North, Range 49 West of the 5th Principal Meridian in Cass County, North Dakota.
4. 2nd reading, waive reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Southwest Fargo Mission Second Addition to the City of Fargo, Cass County, North Dakota.
5. Receive and file the Order, Complaint and Cass County Jail Inmate Grievance Form from Willshaun Devon Boxley.
6. Appeal of the decision of the District Court regarding Liquid Hospitality, LLC d/b/a Windbreak Saloon vs. Board of City Commissioners of the City of Fargo Case No. 09-2024-CV-01023.
7. Applications for Games of Chance:
a. Benefit for Shannyn Mack for a raffle 12/1/24; Public Spirited Resolution.
b. El Zagal Shrine Arab Patrol for a raffle on 3/14/25.
c. NDSU Dance Team for a raffle on 12/6/24.
d. NDSU Men’s Lacrosse Club for a raffle on 3/8/25.
e. Oak Grove Lutheran School for a raffle board on 11/15/24.

8. Developer Agreement with Lepine Holdings, LLC for MLTB Addition.
9. Stockpile Storage Agreement (Southwest Regional Pond - Phase 2) with Keith A. Ernst and Linda Vogle, as Trustees of the Fred M. Hector Jr. Revocable Trust under agreement dated September 27, 2017.
10. Negative Final Balancing Change Order No. 1 in the amount of -$9,163.12 for Project No. PR-24-C1.
11. Negative Final Balancing Change Order No. 2 in the amount of -$42,665.40 for Project No. SR-24-B1.
12. Change Order No. 3 for an 18-day time extension to the final completion date for Project No. TR-23-A1.
13. Permanent Easement (Lift Station) and Termination of Easement (Lift Station) with Dakota Commerce Center 5 LLC for Improvement District No. BN-23-F1.
14. Memorandum of Offer to Landowner for Permanent Easement (Street and Utility) and Easement (Temporary Construction Easement) with Keith A. Ernst and Linda Vogle, as Trustees of the Fred M. Hector Jr. Revocable Trust under agreement dated September 27, 2017 (Improvement District No. FP-19-A1).
15. Bid award to Master Construction Company, Inc. in the amount of $3,403,624.90 for Improvement District No. BR-25-A1.
16. Bid award to Border States Paving, Inc. in the amount of $13,300,910.09 for Improvement District No. FP-19-A4.
17. Bid award and Agreement with Osgood Cleaning Services, LLC for cleaning services at City Hall and Sky Commons West Wing (RFP24019).
18. Items from the FAHR Meeting:
a. Receive and file Sales Tax update.
b. Receive and file the donation for the 2025 Benefits Fair.
c. Authorization to close out ARPA Fund 255 at year-end 2024 and related budget adjustments as presented.
d. Grant Award and Acceptance of the 2025 Project Safe Neighborhoods Grant Program in the amount of $33,300.00 and related budget adjustments.
e. Acceptance of the FY 2024 State Homeland Security Grant Program in the amount of $474,000.00 and related budget adjustments.
f. Request to overfill the January 2025 Fargo Police Academy class with six sworn Police Officer positions.
g. Bid award for scrap meter liquidation to the selected vendors within the Preferred Buyers group (RFP23125).
h. Commercial Real Estate Advisory Agreement with Goldmark Commercial Real Estate Inc. for advisory services on the sale of City property west of the landfill.

19. Agreement for Provision of Environmental Health Services for the City of West Fargo.
20. Memorandum of Understanding between Local Public Health Units of Region V in North Dakota.
21. Contract Agreement for Services with the American Lung Association.
22. Amendment to the Findings of Fact, Conclusions and Order for property located at 1011/1013 University Drive North.
23. Authorization to apply for the 2025 Grant funds under the Infrastructure Investment and Jobs Act framework.
24. Resolution approving Plat of MLTB Addition (Attachment “A”).
25. Direct the City Attorney’s Office to draft revisions to Fargo Municipal Code Section 8-0602.
26. Task Order from Stantec in the amount of $83,535.00 (Project No. SW 24-06).
27. Resolutions Prescribing Rates and Charges for Water Utility and Water Reclamation Utility Service and Resolution Authorizing Storm Water Service Charge (Attachments “B” and “C”).
28. First Amendment to Water Service Agreement with the City of West Fargo.
29. Second Amendment to Agreement and Release with Cass Rural Water Users District.
30. Amendment of Resolution Authorizing the Issuance and Sale of an Amended and Restated $98,000,000.00 City of Fargo Sales Tax and Water Revenue Bond, Series 2013B (Attachment “D”).
31. First Amendment to Sewer Agreement with the City of West Fargo.
32. Resolutions of Governing Body of Applicant - Resolution Authorizing filing of application with the ND Department of Environmental Quality for a loan under the Clean Water Act and/or the Safe Drinking Water Act to support Engineering led DOT projects (Attachment “E”).
33. Change Orders for Project No. WW1707:
a. No. 1 in the amount of $3,164.59.
b. No. 2 in the amount of $119,206.80 and time extensions to the substantial and final completion dates.

34. Change Order No. 7 in the amount of $852,825.00 for Project No. WW1701.
35. Bills in the amount of $15,356,174.81.
Second by Turnberg. On call of the roll Commissioners Kolpack, Turnberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
No Commissioner being absent and none voting nay, the motion was declared carried.

Presentation on the 2025 Legislative Session:
City Administrator Michael Redlinger introduced Terry Effertz of Integrity Public Affairs and said she will provide a summary of the 2024 statewide election results, her role in assisting the City in the 2025 Legislative session and a recap of priorities.
Ms. Effertz said now that Measure 4 has been soundly defeated, there will probably be several proposals for property tax reform. She said one proposal is to double the $500.00 that was approved during the last session, which had a 92% participation rate. There are also several new legislators coming in, she said, including Jared Hendrix from District 10, who knows a lot about the political process and is replacing someone who had a very different political ideology.
In response to a question from Mayor Mahoney asking how much the $500.00 property tax relief package cost the state, Ms. Effertz said about $140 million.
Ms. Effertz said Kelly Armstrong has already met with several cities across the State and met with City leaders and talked about various issues, including the Red River Valley Water Supply project. She said Fargo does a fantastic job reaching out to elected officials and the legislative meeting happening later this month in Fargo is not standard across the State. She said she applauds Fargo for getting Legislators in a room and making a connection between City and State elected officials. Having that meeting ahead of the session is going to work well to keep the continuity of information flowing back and forth, she said. Her role as a Special Assistant City Attorney is to monitor all the legislation coming in, she said, she reads every bill and if she thinks it is going to have some impact on the City or one of the departments within the City, she will send that bill to the City Administrator. She said as in the past, if there is a bill that affects the City or a department, she will have Commissioners or department heads come to Bismarck and testify or if it is something someone wants to sign-in and support or vote against it, she can do that as well. She said someone can also submit written testimony and it is her job to help make sure that person’s name is on the record. If someone has a question about a specific bill, she stated, she will try her best to explain it or she will connect that person with the bill sponsors for more insight. Her main job is to keep everyone informed, she said, in order to make the legislative session more impactful. She said she was able to collect through listening to Commission meetings and talking to various elected leaders and department heads some of the priorities for Fargo for this session, including affordable housing, traffic issues, funding for infrastructure, airport funding, big water projects and the Veteran’s cemetery. The point of this meeting is to also solicit feedback from the Commissioners to see if there is anything they would like to add, she said.
Commissioner Strand said some topics to add to the list are tax incentives for new home construction and homestead tax credits for seniors.
Ms. Effertz said there is already a bill looking to cap valuations at 3% a year, which has been tried in the past in different states and did not work very well. She said valuation of homes continues to grow; therefore, for retired people with fixed incomes, some kind of property tax relief would be welcomed. She said she will provide a halftime report once crossover happens to talk about the hits and misses, what is going to happen going forward and how the different programs the City uses have changed. She said Commissioners are also welcome to join the League of Cities phone calls on Fridays.
Commissioner Strand said some other topics to add to the list would be all aspects of daycare and whatever state support or programming could be available for behavioral health, addiction and homeless issues. Fargo is burdened with these issues more than most in the State, he said, and whatever the State can do on those topics is desperately needed.
Ms. Effertz said those issues are also a priority with Mr. Armstrong and his administration. She said one of her other jobs is to license social workers and addiction counselors in the State and it is definitely a need. She said the State is losing social workers and counselors every year.
Commissioner Strand said he hopes there are no cultural issues that pit people against each other and target marginalized individuals. He said he hopes the focus will be on the budget and the policies and priorities of the State. He said Fargo also needs support for transit issues.

Application for an Ownership Change of the Alcoholic Beverage License for Vault Partners LLP d/b/a Fort Noks Continued to November 25, 2024:
A Hearing had been set for October 28, 2024 on the application filed by Vault Partners LLP d/b/a Fork Noks for a Class "Z" Alcoholic Beverage License at 52 Broadway North.
At the October 28, 2024 meeting the Hearing was continued to this date and hour.
City Auditor Steve Sprague said the application to add Cole Jirik has previously been approved by the Commission and co-applicant Anthony LaVoy has resubmitted his application. He said since Commissioner Piepkorn and Mr. LaVoy are not available for this meeting, he would suggest continuing the Hearing until November 25, 2024.
Commissioner Kolpack moved the Hearing be continued to 5:15 p.m. on Monday, November 25, 2024.

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

Construction Update:
City Engineer Tom Knakmuhs said this is the final update for the season and there were no reported accidents or injuries on City projects. He presented a lengthy list of completed projects in 2024, including Woodcrest Drive North, Selkirk 2nd Addition, Citywide traffic signal maintenance and pavement marking replacement, 32nd Avenue South, NP Avenue North, Veteran’s Industrial Park Addition, University Drive South floodwall repairs, Bison Village shared use path, storm sewer lift station projects, many new developments, 42nd Street bridge overpass repairs, concrete sidewalk repairs, sealcoat and micro-surfacing projects throughout the City. He also shared a list of ongoing projects scheduled for completion in 2025, including Dakota Commerce Center North, Interstate Business District and several flood risk management projects.

Federal Aid Transportation Alternatives Project Applications for the Years 2028 and 2029 Approved:
Division Engineer Jeremy Gorden said Metro COG and the North Dakota Department of Transportation (NDDOT) are soliciting project applications for the Transportation Alternatives program for the years 2028 and 2029. He said there is about $870,000.00 available in 2028 and $880,000.00 available in 2029. Last year, he said, funding was received for a shared use path on the south side of the Water Reclamation Facility between Broadway and the Bison Village. This year, he said, the following projects are proposed:
• Shared Use Path along Drain 27/Deer Creek Addition from 52nd to 59th Avenue South – Phase 1.
• Low level pedestrian/bicycle crossing within Drain 53 near 58th Avenue South.
• Shared Use Path along Drain 27/Deer Creek Addition from Veterans Boulevard to 63rd Street on GSR property – Phase 2.
• Shared Use Path along Drain 53 from 64th to 73rd Avenue South.
In response to a question from Commissioner Kolpack asking about feedback received about the path near the VA, Mr. Gorden said some homeowners had issues with the path at the north end of the path near Woodcrest. He said Engineering is looking at moving the path closer to the river in response to homeowner’s concerns; however, keeping it above the 25-foot nuisance flood stage.
City Engineer Tom Knakmuhs said along with the public input process, Engineering will bring this information to PWPEC and then to the City Commission, where residents will have a chance to talk about their concerns.
In response to a question from Commissioner Strand asking how do people know these paths are on public or private property and are they marked, Mr. Gorden said in the Oak Grove area there are some areas near flood control dikes that are marked “Private Property” and there are some areas where signage has been placed asking the public to please stay off the flood control project; however, in general, the City does not add signage to walking or bike paths.
Mayor Mahoney said for the most part, the public stays off the dikes; however, signage could be a conversation to have in the future.
Commissioner Kolpack moved the City of Fargo Federal Aid Transportation Alternatives Project Applications for the Years 2028 and 2029 be approved as presented and appropriate staff be directed to prepare the necessary grant applications for Metro COG to review.

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

Shared Use Path as Part of the 17th Avenue South Reconstruction Project Approved:
Division Engineer Jeremy Gorden said the design for the Shared Use Path that is part of the reconstruction of 17th Avenue South has the path to be placed on one side of the street. He said it was determined that installing the path on the south boulevard was not feasible due to costs associated with relocating private utilities. Placing the path on the north side also had concerns about the impact on existing trees, he said, and while a 10-foot wide path was preferred, an 8-foot path would minimize the number of trees needing to be removed. An evaluation of affected trees showed 6 of the 7 larger trees affected by a 10-foot path compared to the 8-foot path are ash and vulnerable to the emerald ash borer, he said, and all except one of the other affected trees are less than 5 inches in diameter. Based on this, he said, it is recommended to proceed with the preferred 10-foot wide Shared Use Path. At an open house input meeting on September 18, 2024, there were not many comments regarding the impact to trees, he said.
Commissioner Strand said people who are bikers have requested this project for traveling on bikes across the City. He said he is happy the City is going to deliver on that need for the citizens. He said he also appreciates the mitigation considerations of the north versus south side of the street and the tree analysis.
In response to a question from Commissioner Strand asking about the safety concerns of 8 feet versus 10 feet on a bike path, Mr. Gorden said the Highway Department use to recommend 8-foot paths; however, when thinking about bicycle handlebars of at least 4 feet wide, and one bike going one direction and another going the opposite direction, there is not enough space to get by each other with an 8-foot path. He said having an extra 2 feet makes a big difference, especially on a busier corridor. Another thing about the paths, he said, is there a lot of people walking and a lot of people walking dogs, so the more space, the better. He said 8 feet used to be acceptable; however, 10 feet is now what the Highway Department requires unless it is a very confined area.
Commissioner Strand moved that the Shared Used Path as part of the 17th Avenue South Reconstruction Project be approved as presented.

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

Hari Panjini Reappointed to the Growth Initiative Fund Board of Directors:
The Board received a communication from Mayor Mahoney recommending that Hari Panjini be reappointed to the Growth Initiative Fund Board of Directors.
Commissioner Kolpack moved Hari Panjini be reappointed to the Growth Initiative Fund Board of Directors for a three-year term ending December 31, 2027.

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

Michael Betlock Appointed to the Planning Commission:
The Board received a communication from Mayor Mahoney recommending that Michael Betlock be appointed to the Planning Commission to replace Jennifer Holtz, who has moved outside of the Fargo area, which deems her ineligible to continue service on the Board. Her term would have expired on June 30, 2027.
Commissioner Kolpack moved Michael Betlock be appointed for the unexpired term of Jennifer Holtz on the Planning Commission for a term ending June 30, 2027.

Second by Turnberg. On call of the roll Commissioners Kolpack, Turnberg, 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.

Resident Comments:
Matt Osborne, Asher Lorentzen and Zara Crystal spoke.

The meeting adjourned at 6:03 o’clock p.m.