Fargo City Commission - November 25, 2024

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 4:00 o'clock p.m., Monday, November 25, 2024.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.
Absent: None.
Mayor Mahoney presiding.

Mayor Mahoney announced that the Board will retire into Executive Session in the Red River Room for the purpose of negotiation strategy discussions and to discuss closed records pertaining to the advisory services on the sale of City property west of the landfill.  Discussing this matter in an open meeting will have a negative fiscal effect on the negotiating position of the City of Fargo.  An Executive Session for this legal matter is authorized pursuant to North Dakota Century Code §44-04-19.1, subsection 9 and North Dakota Century Code §44-04-19.2, subsection 1.
Commissioner Kolpack moved the Commissioners meet in Executive Session in the Red River Room as authorized pursuant to North Dakota Century Code
§44-04-19.1, subsection 9 and North Dakota Century Code §44-04-19.2,
subsection 1 to discuss said pending matter.

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

At 4:07 o’clock p.m. the Board moved to the Red River Room to discuss the matter in Executive Session.
Members present were: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.
Members absent: None

The Executive Session closed at 4:51 p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.
All Commissioners present.
Mayor Mahoney presiding.

Listing Price Established for the Sale of City Property West of the Landfill:
Commissioner Turnberg moved the listing price of the southeastern two to five acres of City owned property west of the landfill in the 12th Avenue Industrial Addition be established at $2.65 per square foot.

Second by Kolpack. On call of the roll Commissioners Turnberg, Kolpack, Piepkorn, 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 Great American Smoke Out took place November 21st; Fargo Cass Public Health has flu and COVID vaccines available; December 1st is World AIDs Day; Mitten Trees are at all Library locations; condolences were extended to the family of Jaclynn Davis Wallette, who died on November 21st. Jaclynn was a dedicated community member who was active in Fargo’s Native American Commission and instrumental in its creation; and a video of street sweepers in action 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 November 12, 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. 2nd reading, waive reading and final adoption of an Ordinance Amending Article 11-09, of Chapter 11, of the Fargo Municipal Code, Relating to Littering of Public Places by Contractors.
2. Full Fixed Property Damage Release of All Claims with Indemnity for property damage to the Water Treatment Plant.
3. Applications for Games of Chance:
a. Muscular Dystrophy Association Inc. for bingo on 12/15/24.
b. Pray for Gray for a raffle on 1/13/25.
4. Liquor License Suspension and Revocation Agreement with Cairo Restaurant & Bar, LLC d/b/a Cairo Restaurant and Nightclub.
5. Direct the City Attorney’s Office to revise Fargo Municipal Code, Section
25-1509 - Restrictions on Sale, Service or Dispensing of Alcoholic Beverages (F and G).
6. Bid award to Parsons Electric for traffic signal bollard installation (RFP24349).
7. Amendment No. 1 in the amount of $16,800.00 for Project No. MS-23-J0.
8. Addendum to Encroachment Agreement (Accessibility Ramp) with Park District of the City of Fargo.
9. Bid advertisement for Project No. SN-24-A1.
10. Bid award to Northern Improvement Company in the amount of $621,667.32 for Project No. SN-24-A1.
11. Negative Final Balancing Change Order No. 5 in the amount of -$72,492.23 for Improvement District No. BR-23-E1.
12. Change Order No. 3 in the amount of $1,631.50 for Improvement District
No. BN-23-F1.
13. Memorandum of Offer to Landowner for Permanent Easement (Sidewalk) with Nicholas and Antonia Wickersham (Improvement District No. BR-25-B1).
14. Memorandum of Offer to Landowner for Permanent Easement (Sidewalk) with Jason E. Ruen and Ann Marie Persico (Improvement District No. BR-25-B1).
15. Memorandum of Offer to Landowner for Permanent Easement (Sidewalk) with Andrew D. and Janna J. Sagvold (Improvement District No. BR-25-B1).
16. Memorandum of Offer to Landowner for Permanent Easement (Sidewalk) with James A. and Beth E. Postema (Improvement District No. BR-25-B1).
17. Reject the bids for Improvement District No. BR-25-B1 and rebid the project in 2025.
18. Contract and bond for Improvement District No. FP-19-A4.
19. Contract and bond for Improvement District No. UR-24-F1.
20. Bid award to Vestis Services, LLC for Rental Uniforms and Laundry Services (RFP25005), and Mat and Mop Replacement Services (RFP25006).
21. Items from the FAHR Meeting:
a. Receive and file General Fund - Budget to Actual through 10/31/24 (unaudited).
b. Purchase of Service Agreement from ND Department of Health and Human Services, Behavioral Health Division and related 2025 budget adjustment.
c. Agreement for Support with Fargo Moorhead Coalition to End Homelessness and related 2025 budget adjustment.
d. Employment offers to current City of Moorhead Transit employees.
e. Various rate schedules as presented.
22. Bid award to Bee Seen Gear for Fire Department uniforms (RFP25003).
23. Notice of Grant Award from the ND Department of Emergency Services for 2024-2025 Hazardous Materials Emergency Preparedness Grant in the amount of $19,555.20 and related budget adjustments.
24. Direct the City Attorney’s Office to work with the Environmental Health Division to revise the Food Service Establishments Ordinance, Article 13-03.
25. Direct the City Attorney’s Office to work with the Environmental Health Division to revise the Lodging Establishments Ordinance, Article 13-14.
26. Receive and file the Hate Crime 3rd Quarter Report.
27. Procurement Plan Adoption and Procurement Officer Designation for the Transit Department.
28. Assignment and Assumption of Agreements with the City of Moorhead, Concordia College, Creative Outdoor Advertising of America Inc., Minnesota State Community and Technical College and Minnesota State University Moorhead.
29. Bid awards for Project No. WW2005 (Sanitary Lift Station No. 62):
a. General Construction contract to CC Steel, LLC in the amount of $439,420.00.
b. Electrical Construction contract to JDP Electric, Inc. in the amount of $309,824.00.

30. Bid award for chemicals at the Water Reclamation Utility for 2025, as presented (ITB25012).
31. Bid award for chemicals at the Water Treatment Plant for 2025, as presented (ITB25011).
32. Grant application under the Mountain and Plains Thriving Communities Collaborative for lead service line replacement.
33. Bills in the amount of $12,555,402.27.

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

Citizens Group Request for City Attorney Consultation in Developing Ballot Language to Move to a City Council Form of Governance Died for Lack of a Second:
Commissioner Strand said there is conversation about what type of government would be appropriate for Fargo and in the past task forces looked at variations. He said there is a citizen effort to bring it to the public to vote on in the election in two years. He said former Commissioner Arlette Preston asked him to bring the topic forward, which he is doing as he sees a benefit to the group having the cooperation of the City and solid legal advice.
Arlette Preston said the citizen group has engaged an attorney and will be developing ballot language; however, they would like the City Attorney to look at it and advise whether there are major issues from the City perspective.
Mayor Mahoney said a Zencity study is expected soon with more information on the topic.
Commissioner Kolpack said she would first like to see the results from Zencity. A brown bag session is expected soon to review details, she said, and a local question was added to the survey for public comment and feedback.
Commissioner Strand moved the City Attorney be directed to consult with the citizen’s group to assist in developing language and provide guidance on the process of presenting the ballot language to the public to move to a City Council form of governance with a City Manager.
The motion died for lack of a second.

First Reading of an Ordinance Enacting Article 3-24 of Chapter 3 of the Fargo Municipal Code Relating to a Sales Tax for Fire and Police Operations Equipment and Buildings:
Assistant City Attorney Ian McLean said a one-quarter percent sales tax was approved by voters in the City for public safety. He said the November 5, 2024 vote approved amending the City's Home Rule Charter to authorize a one quarter of one percent sales, use and gross receipts tax (e.g. 25 cents sales tax on a $100.00 purchase) that can only be utilized for Police and Fire operations, equipment and buildings, which must be implemented through an Ordinance. The Ordinance needs to be sent to the State of North Dakota Tax Commissioner prior to January 1, 2025 in order for the sales tax to commence on April 1, 2025, he said. The basics of the new 0.25% sales tax are as follows:
• A 20-year term for collection - starting April 1, 2025, and ending March 31, 2045.
• Funds collected from the tax can only be used for the operations, equipment and buildings of the Fargo Police Department and Fargo Fire Department.
• The City Commission determines how to spend the funds collected from the sales tax on Police and Fire operations, equipment and buildings.
There is a six dollar and twenty-five cent ($6.25) cap on the sales tax charged on any single transaction of one or more items. This essentially limits the sales tax applying to the first $2,500.00 of any transaction.
He said he is seeking approval of the Ordinance that will implement the sales tax for public safety.
Commissioner Kolpack said as the process is rolled out there will be meetings annually with administration to determine where the funds go each year. She said transparency will continue and involve both Chiefs from public safety as part of the process.
In response to a question from Commissioner Strand asking whether operations include wages and compensation, Mr. McLean said it does.
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 Enacting Article 3-24 of Chapter 3 of the Fargo Municipal Code Relating to a Sales Tax for Fire and Police Operations Equipment and Buildings be placed on first reading.

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

Resident Comment Policy for City Commission Meetings to be Discussed at Next Governance Policy Review Meeting:
Commissioner Turnberg said the City Commission approved a motion in November 2020 in response to the COVID-19 pandemic to permit virtual comments from Fargo residents, as well as comments from residents attending City Commission meetings in person. With the end of the pandemic emergency, she said, she requests that the City Commission remove the virtual or call-in participation options. Calling in is a way to avoid the meetings, she said. In-person public comments from Fargo residents or business owners will continue at the end of City Commission meetings, she said, and interested parties will continue to be provided the opportunity to discuss specific agenda items in which they have an interest as a property or business owner. She said the proposed change to the policy would be effective November 26, 2024.
KJ Atkinson and Andrew Nelson (via conference call) spoke in favor of continuing the Resident Comment Policy as is.
Commissioner Kolpack said the change to allow virtual and call-in participation was made in 2020 in the middle of the pandemic; however, since that time a governance policy process was implemented where protocol is reviewed annually, including public comment. She said she would like to see this as part of the governance review and not a one-off decision made from the dais.
Commissioner Piepkorn said he feels it is important to be at the meeting in person, face to face with the Board.
Commissioner Turnberg moved the resident comment policy for City Commission meetings be amended to eliminate virtual and call-in options, effective November 26, 2024.
Second by Piepkorn.

Commissioner Kolpack moved to amend the motion to delay action until the resident comment policy has been discussed at a governance policy review meeting.
Second by Strand. On call of the roll Commissioners Kolpack, Strand and Mahoney voted aye.
Commissioners Piepkorn and Turnberg voted nay.
The motion was declared carried.

Application for an Ownership Change of the Alcoholic Beverage License for Vault Partners LLP d/b/a Fort Noks Approved:
A Hearing had been set for October 28, 2024 on the application filed by Vault Partners LLP d/b/a Fort Noks for a Class "Z" Alcoholic Beverage License at 52 Broadway North.
At the October 28, 2024 Meeting the Hearing was continued to November 12, 2024.
At the November 12, 2024 Meeting, the Hearing was continued to this day and hour.
City Auditor Steve Sprague said there was some question about the application at the October 28, 2024 meeting and some items that were not clear, so he understood he was to have the applicant resubmit an application with corrected language and he had the applicant include a cover letter explanation. The applicant said his staff completed his application, and he did not properly review it so some items were omitted. The applicant said those items had been disclosed on the 2021 application when he got the license, he said, and he looked at this application as removing the two original owners with him and adding the new owner so he felt he had already been approved. He said it comes to the Commission with a recommendation of approval from the Liquor Control Board; however, as he understands it, the Police Chief continues to recommend denial.
Anthony LaVoy said there was no malicious intent in failing to disclose information. Two items were missed, he said, a reckless driving and a disorderly conduct from 14 and 10 years ago respectively. He said his bar runs a tight ship, has a good relationship with the Police and they rarely have trouble at their establishment.
In response to a question from Commissioner Strand asking how often it happens that the Police Chief recommends denial, Commissioner Piepkorn said it has happened before. He said people with a past history of law issues have been granted licenses at times, partly due to time having passed from an offense. He said in this case, looking at the current history, it was influential that the owners run a good business with few issues.
Mr. Sprague said there has been a change in policy for liquor licenses in that a background check is done along with the annual renewal. He said rather than reviewing 200 renewals on June 30th each year, renewals are split up into groups of about 50 for a quarterly renewal and at that time background checks are done on all owners.
In response to a question from Commissioner Strand asking about the policy that says whether someone is qualified or not to be an alcoholic beverage license holder, Mr. Sprague said the Police Chief has a list he refers to and, in this case, he believes the Chief referenced making a false statement on an application as being a reason for denial.
Commissioner Piepkorn moved the application be approved.

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

Application to Transfer the Alcoholic Beverage License from Great Plains Hospitality d/b/a Baymont Inn and Suites to University Lodging LLC d/b/a Baymont Inn and Suites Approved:
A Hearing had been set for this day and hour on the application to transfer the Class "ABH” Alcoholic Beverage License from Great Plains Hospitality d/b/a Baymont Inn and Suites to University Lodging LLC d/b/a Baymont Inn and Suites at 1340 21st Avenue South, prior 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 this is a complete sale of the business. He said there were no issues with the background check and it comes with a recommendation of approval from the Liquor Control Board. He said when Environmental Health was brought in they had some concerns and the prospective owners have been made aware of what needed to be corrected as far as the building for their health license.
Commissioner Piepkorn moved the application be approved.

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

Update on Winter Warming Plan:
Fargo Cass Public Health Director Jenn Faul said the Winter Warming Initiative started in 2023 and had 8,096 encounters, 698 unique individuals and 86 successful diversions with an average length of stay of eight nights. She said the 2024-2025 initiative started this past weekend at the Downtown Engagement Center serving 62 individuals. She said beginning November 26th, operations will take place at the Winter Warming Center located at 1230 25th Street South and will not be at the Downtown Engagement Center this winter. Staff will work to divert individuals to other facilities and places to stay, she said, and operations will close by April 30, 2025.
Mayor Mahoney said part of the strategy for changing the location was to give the staff at the Downtown Engagement Center a break so it is not 24/7. He said the set-up is not beds or cots, it is seating in chairs in rows.
Assistant City Administrator Brenda Derrig said in the 10 weeks since the Camp Ordinance was implemented there have been 41 active and abandoned camps removed and no citations have been issued associated with camping. Resources used in that time include more than 520 staff hours for clean-up, she said. Last Friday about 12 camps were cleaned up along the river corridor from north of 1st Avenue North to the Water Treatment Plant, she said, with seven dump truck loads removed by 30 employees. The majority of staffing is being provided by Public Works, who must also be available for snow events, she said, so contractors are being contacted to see if they can assist with any cleanup over the winter and as snow gets deeper some camps may not be able to be reached to clean.
Allison Slavik said the Winter Warming Center is an essential service for the community.
Olivia Fischer (via conference call) said the Winter Warming Center should not be moved from Downtown.
In response to a question from Commissioner Strand asking for an update on porta potties at campsites, Ms. Derrig said the outreach team is working with campers and trying to understand their needs over the winter.
Mayor Mahoney said as he understands it, neither the Park District or the Downtown group has recommended porta potties. He said there is a history with destruction of the porta potties and other things happening with them. There is one placed behind the Downtown Engagement Center, he said; however, no one is making plans to put them by campsites.
Commissioner Strand moved that options be explored to incorporate porta potties where people are being asked to camp.
The motion died for lack of a second.

Commissioner Strand moved that garbage receptacles be placed where people are being asked to camp.
The motion died for lack of a second.

Ms. Faul said garbage bags are being provided and trash can be brought up by the trail until Parks or the City come through to pick them up.
Commissioner Piepkorn said he and Commissioner Strand visited Tampa, Florida for a national conference and toured their solution to homelessness. He said homeless have housing in the industrial area, not in their downtown, which was safe and clean. Tampa participates in the program; however, Tampa does not run it, he said, Catholic Charities does, and he would suggest someone from Fargo go there to copy their model. Camping needs to be eliminated, he said, and the Salvation Army and homeless services need to moved out of Downtown to an industrial area. Businesses are leaving and customers are not coming Downtown, he said, so it is not true to say there is not a problem.
Commissioner Strand said Tampa has 300 pallet homes and gives homeless a roof over their head. Fargo has 40-plus people living along the river who do not have a roof over their head, no toilets, bathroom facilities or garbage receptacles. He said pallet homes are a great option compared to tents and as soon as Housing First can be funded, there will be fewer people on the river. The homeless issue is less of a front burner issue across the country this year than in the past due to cities getting ahead of the issue and providing housing, he said. Fargo needs to get people off the river and into safe places, he said, and do what others do and look like other cities. That means Housing First, he said, and it needs to be funded and a decision made to do it.
Commissioner Turnberg asked is it not Housing First that the Commissioners are here for and what is the holdup?
Commissioner Piepkorn said the City is spending money; however, it needs to get out of the business and become a participant by having a nonprofit run it. He said the other cities, the county and the state need to be included, as now it is Fargo taxpayers paying the bill.
Commissioner Kolpack said Housing First is ultimately the solution. She said it is a resource issue and a neighboring city issue with no easy solution and steps are being taken to get there by looking at this practice and by meeting with public-private partners. She said the issue was front and center at a legislative meeting held last week; however, more data and information are needed and Commissioners must trust the work staff is doing with the resources they have. There have been meetings with private business owners and the Downtown Community Partnership and there is support, she said; however, it must be done smartly and with things that work.
Mayor Mahoney said there is progress and more engagement with Downtown business partners than ever before. He said other people are coming to the table to help plus there is legislation that could help. There are 2 to 3 people per week being put into housing with the Housing First concept, so the needle is moving forward, he said. Staff will have a report and full discussion in January about where to head and what to do, he said, and he is enthusiastic about going to the legislative body to find funding, and the County can also be approached. This is a community issue, and Downtown is a wonderful place and especially beautiful at Christmas time. Fargo will never be Tampa, he said, and everyone needs to work together for solutions.

Elimination of the Needle Exchange Program Failed for the Lack of a Majority:
Commissioner Turnberg said strides have been made; however, things are not working as well as they could on homeless and crime problems Downtown. The true tangible realities of needle exchange programs is loaded and unloaded new and used syringes are found in parks, playgrounds and waterways, she said. With a growing epidemic surrounding fentanyl, why would the City supply the vessel to supply that deadly toxin that kills, she asked, and while people can make their own decisions, why would the City allow such decisions to be made by being complicit. There are ways to be compassionate without providing the equipment needed to further a potentially deadly habit, she said. North Dakota voters have rejected marijuana legalization over and over, she said, so do the residents want to legalize giving needles for IV drug use? IV drugs are illegal, she said, why is the vessel being supplied? She said she would be interested to know if opioid lawsuit settlement funds can be used for anything other than needles, such as treatment, recovering addicts and Housing First.
Fargo Cass Public Health Director Jenn Faul said opioid settlement dollars are the fund used to purchase needles for the Syringe Services Program (SSP). She said it is one of the only funding streams allowable for purchase of needles specifically. She said it can pay for inpatient residential partial hospitalization, Medication-Assisted Treatment (MAT) and a list of other kinds of treatment services.
Fargo Cass Public Health Prevention Coordinator Robyn Litke Sall said the program opened in 2018 as one of the solutions to help face the opioid crisis; there were 31 deaths that year. The program has been successful in reducing deaths and lowered the transmission of Hepatitis C and HIV, she said. SSPs offer services other than syringes, she said, including education, referrals, HIV and Hepatitis C testing, naloxone, test strips, safer sex supplies, wound care supplies and safer use supplies including syringes. She said studies on comprehensive Syringe Services Programs show they reduce the transmission of HIV and Hepatitis C by 50 percent, which is a huge savings to taxpayers. Treatment for one individual for Hepatitis C is between $24,000.00 and $74,640.00, she said, and lifetime treatment for HIV is $510,000.00, not including hospitalizations or complications. She said from 2017 to 2019, there was a 46% reduction in Hepatitis C rates in Cass County and this year 397 lives have been saved as a result of Naloxone and 433 referrals to treatment were provided. From 2019-2023 a life was reported saved 1,691 times by Naloxone provided by this program, she said. The program is reducing HIV and Hepatitis C transmission rates, it is saving lives, saving taxpayers money, reduces drug use and needle sticks and does not increase sharps litter or crime, she said. A participant is five times more likely to engage in treatment and three times more likely to be successful, she said, and in North Dakota a Substance Use Disorder (SUD) voucher can help pay for treatment.
In response to a question from Commissioner Turnberg asking if this must be an all or none and could education and treatment be provided without needles, Ms. Litke Sall said without the needle program, studies show there would be more sharp litter and needle sticks and an increase in HIV and Hepatitis C.
Commissioner Turnberg said is seems more like a free needle program than an exchange.
Ms. Litke Sall said folks are given what they need so they do not share or reuse needles as that is when transmission takes place.
Commissioner Piepkorn said public money is being using to enable addiction and a first rule of addiction is to stop enabling, yet public money is spent for addicts to use illegal drugs. Employees picking up after encampments are in jeopardy of needle sticks, he said, and while he supports everything else to help addicts; he does not support giving out needles.
Asher Lorentzen said Naloxone reduces overdose deaths and is lifesaving. SSPs are proven to save lives and reduce the impact of drug use on the community, he said, and he opposes eliminating the program.
Commissioner Strand said these are best practices in the medical community and harm reduction is about saving lives and to help get people on a path to a better life. It takes programs and a caring community, he said.
Commissioner Kolpack said the most powerful comment made was “you can’t get help if you’re dead.”
Mayor Mahoney said statistics and literature are looked at in science and medicine. Hepatitis C is a horrible, expensive disease and HIV is no better, he said, so prevention is most helpful to the community. In safe needle exchanges, people are less likely to dispose of needles in the streets or campsites, he said, and although controversial when it was started, it is successful. Police and Fire now carry Narcan, he said, and lives are saved. It is not enabling drug use, he said, it is encouraging treatment.
Commissioner Turnberg moved to eliminate the Needle Exchange Program immediately.

Second by Piepkorn. On call of the roll Commissioners Turnberg and Piepkorn voted aye.
Commissioners Strand, Kolpack and Mahoney voted nay.
The motion was declared lost for lack of a majority.

At 6:19 p.m. the Board took a five-minute recess.
After recess: All Commissioners present.
Mayor Mahoney presiding.

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

Resident Comments:
Mary Dewald, Matt Osborne, Mariela Kirk, Jordan Iverson and Michelle Hagen spoke on safety Downtown, the homeless situation and the need for action.

The meeting adjourned at 6:40 o’clock p.m.