Fargo City Commission - October 14, 2024

Regular Meeting: Monday: October 14, 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., Monday, October 14, 2024.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Strand, Turnberg, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: ND Job Service staff will offer free walk-in services at the Main Library October 15th; teens can make spooky felt creations October 29th at the Main Library; the apartment vacancy rate in Fargo was 6.38% in June, down from 6.82% in March; today is Indigenous Peoples Day and several area organizations are hosting events; on October 12th, Fargo City Hall’s light show honoring those impacted by metastatic breast cancer was featured on the “TODAY Show” on NBC; and a video was shown featuring the work that occurred behind the scenes by City staff to make the UND vs. NDSU Game Day in Fargo possible.

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 September 30, 2024 be approved as read.

Second by Turnberg. 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 Rezoning Certain Parcels of Land Lying in The Pines at the District Addition to the City of Fargo, Cass County, North Dakota.

2.2nd reading, waive reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in The Pines at the District Second Addition to the City of Fargo, Cass County, North Dakota.

3. Applications for Games of Chance:
a. Alpha Tau Omega for a raffle on 11/14/24.
b. Benefit for Jon Peterson for a raffle on 10/20/24; Public Spirited Resolution.
c. Benefit for Ryder Schmidt for a raffle on 10/26/24; Public Spirited Resolution.
d. Centennial Elementary PTO for bingo on 10/25/24 and 1/24/25.
e. Dakota Fusion FC for a raffle on 12/2/24.
f. Davies Theatre Department for a raffle on 11/7/24-11/10/24; 3/6/25-3/9/25.
g. El Zagal for a raffle and raffle board on 2/15/25.
h. El Zagal Outdoors Unlimited for a raffle on 10/29/24.
i. Fargo Air Museum for bingo on 10/31/24.
j. Pink Plaid for a raffle on 10/17/24.
k. Red River Children’s Advocacy Center for a raffle and raffle board on 10/25/24.
l. River Keepers for a raffle on 10/24/24.
m. Ruff International for a raffle on 10/26/24.
n. United Way of Cass-Clay for a raffle board on 11/6/24.
o. United Way of Cass-Clay for a raffle on 11/8/24.

4. Gaming Site Authorization for Friends of the Children Fargo-Moorhead at Crooked Pint Ale House.
5. Renewal of the Alcoholic Beverage and Live Entertainment licenses until 9/30/25, contingent upon all essential requirements for renewal are met.
6. 2025 City Commission meeting dates.
7. Contract Amendment No. 1 with Houston Engineering, Inc. in the amount of $29,350.50 for Project No. MS-24-A0.
8. Bid award to Master Construction Company, Inc. in the amount of $136,999.00 for Project No. UR-24-I1.
9. Bid award for Consulting Engineering Services with Houston Engineering, Inc. for Project No. NR-25-D0.
10. Bid award for Consulting Engineering Services with Houston Engineering, Inc. for Project No. NR-26-B0.
11. Application for Early Building Permit at 4100 44th Street North (Improvement District No. BN-24-B1).
12. Private Utility Relocation Reimbursement to Cass County Electric Cooperative in the amount of $29,473.35 for Improvement District No. BN-24-B1.
13. Reimbursement to Xcel Energy in the amount of $7,099.05 for installation of 1-phase power transformer for Improvement District No. BR-24-C1.
14. Change Order No. 4 in the amount of $ 23,900.87 for Improvement District No. BN-23-E1.
15. Change Order No. 1 for a time extension to the final completion date to 3/1/25 for Improvement District No. BN-23-G1.
16. Change Order No. 2 in the amount of $ 23,982.55 and a 27-calendar day time extension to the substantial and final completion dates for Improvement District No. BR-24-F1.
17. Bid award to Dakota Underground Company, Inc. in the amount of $9,841,796.56 for Improvement District No. BN-24-B1.
18. Amended Engineer’s Report for Improvement District No. UR-24-F1.
19. Create Improvement District No. BR-25-B (Paving and Utility Rehab/Reconstruction).
20. Items from the FAHR Staff Meeting:
a. Donation of up to $4,000.00 from the Fargo Police Foundation.
b. Interlocal Agreement with Cass County for the 2024 Edward Byrne Memorial Justice Assistant Grant (JAG) Program in the amount of $66,729.00.
c. Budget adjustments in the amount of $51,041.00 for the Health and Fire/EMS Departments.
d. Amendment (First) to Lease Agreement with Prairie Public Broadcasting, Inc.
e. Utility Billing Department to pause the increase of the base meter charge for the Advanced Meter Infrastructure (AMI) project.
21. Resolution Authorizing the Issuance of Not to Exceed $57 million City of Fargo Refunding Improvement Bonds, Series 2024H, Prescribing the Terms and Covenants Thereof, And Creating a Fund for the Payment Thereof (Attachment “A”) and Resolution Creating the Funds of Improvement Districts, Providing for and Appropriating Special Assessments for Support and Maintenance of Said Funds, and Authorizing Issuance of not exceeding $57 million Improvement Warrants (Series 2024H) Thereon (Attachment “B”).
22. Grant Award from the ND Department of Emergency Services Division of Homeland Security in the amount of $51,616.00 for the FY2024 Emergency Management Performance Grant (CFDA #97.042).
23. Agreement for Services with New Roots Midwest.
24. Notice of Grant Award from the ND Department of Health and Human Services for Women, Infant and Children (CFDA #10.557).
25. Contract Agreement for Services with The Medicine Shoppe.
26. NDPERS Transition and benefit renewals effective 1/1/25, as presented.
27. Direct the City Attorney’s Office to draft revisions to Fargo Municipal Code Sections 12-0105 and 12-0117.
28. License Agreement with The Park District of the City of Fargo for a biking trail.
29. Second Amendment to Contract for Services with Sentry Security, Inc. (RFP19179).
30. Amendment to Task Order with Stantec Consulting Services Inc. in the amount of $57,000.00 for Project No. SW 24-01.
31. Amendment to Task Order with Stantec Consulting Services Inc. in the amount of $145,594.50 for Project No. SW 23-01.
32. Addendum to Lease Agreement (County Road No. 20 Lift Station) with the Municipal Airport Authority of the City of Fargo.
33. Change Order No. 6 with PKG Contracting Inc. in the amount of $998,002.00 for Project No. WW1701.
34. Task Order No. 33 with AE2S in the amount of $619,350.00 for Project No. WA2451.
35. Task Order No. 34 with AE2S in the amount of $199,300.00 for Project No. WA2158.
36. Resolution of Governing Body of Applicant authorizing filing of application with the ND Department of Environmental Quality for a loan under the Clean Water Act and/or Safe Drinking Water Act (Water Supply and Treatment Improvements) (Project No. WA2402) (Attachment “C”).
37. Bills in the amount of $20,191,872.69.

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

Construction Update:
City Engineer Tom Knakmuhs said no safety incidents have been reported. He said completed projects include: 32nd Avenue South; NP Avenue; 1st Street North between 32nd and 35th Avenue; 7th Street North between 7th and 10th Avenue; 9th Street South between 9th and 13th Avenue; 45th Street North between 19th and 32nd Avenue; the Veteran’s Industrial Park Addition; various asphalt mill and overlay projects; the alley between 4th and 5th Avenue South and 16th and 17th Street; storm lift stations 47 and 48; and the University Drive South floodwall repair. He said ongoing rehabilitation and reconditioning projects include: Woodcrest Drive North; traffic signal maintenance and paving marking replacement; Briarwood drainage repair; and storm sewer repairs. Ongoing new development projects, he said, include: Selkirk 2nd Addition; Dakota Commerce Center North; various flood risk management projects; and storm lift stations. He said an upcoming new development project is the Dakota Commerce Center North Addition, which has been bid and the contractor will be starting the project soon to try to get some work done yet this year.

Final Report of the Fargo Transportation Plan and Use of the Driveway Access and Spacing Guidelines Approved:
Division Engineer Jeremy Gorden outlined the plan and said in 2021, the City and MetroCOG began a study to complete a plan to guide how Fargo plans, designs and constructs the transportation system throughout all areas of the City with all users in mind. He said the plan unifies the policies and goals of other recently adopted plans into one cohesive document. The primary emphasis, he said, is improving safety, connectivity and efficient uses, and context-sensitive guidelines for design. It is summarized as a blueprint for the use of staff, policymakers and the development community, he said, in a format that simplifies the review and decision-making process and creates a comprehensive document that will serve to direct decision making on transportation related matters. He said the document updates Fargo’s standards relating to driveway access and spacing near intersections to create safer environments for all users. A peer city review was completed, he stated, comparing Fargo to Rochester, Minnesota; Bismarck, North Dakota; Sioux Falls, South Dakota; Fort Collins, Colorado; and Des Moines, Iowa; and he presented various rate analysis’, including roadway and pedestrian fatalities, walk and bike scores, travel time and means of transportation to work. He also presented information on the safe system approach. Complete streets and street design guidelines include getting back to a grid-style city for people to get places in a multitude of ways, he said, and there is a lot of good design going on around the country and he wants the City to embrace that innovation. He said regarding safety, the two most important factors are safe speeds and safe roads.
In response to a question from Commissioner Strand asking about slowing down traffic and what are the best methods being used, Mr. Gorden said on section line roads where there are 20,000 to 40,000 vehicles a day, it is difficult to try to control speed due to the fact that those vehicles need to be moved in an efficient manner. He said on collector and local streets, speed tables or speed cushions can be used and that is where he wants to have vehicles going 20 to 25 mph. Other speed control methods are the use of roundabouts; however, on the multi-lane section roads, law enforcement is the number one way to enforce speed limits.
He said another part of the Plan is updated driveway access and spacing. He said the current Land Development Code (LDC) is vague and when someone wants a driveway or an access to a collector or arterial street, there are a lot of factors on how the City will grant access. He said what is being proposed will get rolled into the new LDC which will be completed in the next 18 to 24 months. With new and innovative design, there are already many new designs in place, he stated, including R-cuts on 52nd Avenue South, which helps eliminate the most dangerous crash where someone wants to get off of a side street by either going through or make a left. He presented some innovative approved designs that will be used on County Road 20 at I-29 and on 64th Avenue South at I-29, both of which have not yet received funding.
In response to a question from Commissioner Kolpack asking as the City launches into the work with the LDC following the Growth Plan release, how is the City going to ensure there is ongoing collaboration, Mr. Gorden said much of what he has done with the Plan will roll into the LDC update, it has been a high priority for him to get to this point and he is comfortable with the final product.
In response to a question from Commissioner Strand asking about crash analysis data on 32nd Avenue South, University Drive, 25th Street and Main Avenue and if the speed limit were lowered, would crashes be effectively reduced, Mr. Gorden said lowering the speed limit would help; however, there is a certain point where people are going to drive the speed they are comfortable.
In response to a question from Commissioner Strand asking if the City could change 45 mph zones to 35 mph zones, Mr. Gorden said the speed limit was lowered to 35 mph on 32nd Avenue South and 52nd Avenue South and the only area that is still 45 mph is way south on University Drive. He said he would be comfortable having 35 mph limits on section line roads and he is open to experiment with lower speed limits to improve safety.
Commissioner Kolpack moved the Final Report of the Fargo Transportation Plan be approved and the Use of the Driveway Access and Spacing guidelines contained therein to supplement Article 20-0702 of the current Land Development Code be approved until the Land Development Code has been updated.

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.

Special Assessment List for Various Improvement Districts Approved:
A Hearing had been set for September 30, 2024 on the special assessment list for the construction of the following Improvement Districts in the City of Fargo, North Dakota, all having been approved by the Special Assessment Commission, setting the interest rate at .75% per annum over the net rate on bonds financing said projects.
At the September 30, 2024 meeting the Hearing was continued to this date and hour.
a. New Paving and Utility Construction Improvement District No. BN-22-C.
b. New Utility and Paving Construction Improvement District No. BN-22-F.
c. New Paving and Utility Construction Improvement District No. BN-22-G.
d. New Paving and Utility Construction Improvement District No. BN-22-L.
e. New Paving and Utility Construction Improvement District No. BN-23-C.
f. Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-A.
g. Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-B.
h. Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-C.
i. Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-B.
j. Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-C.
k. Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-E.
l. Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-F.
m. Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-H.
n. Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-J.
o. New Paving Construction Improvement District No. PN-22-M.
p. Asphalt Wear Course Improvement District No. PN-23-A.
q. New Paving Construction Improvement District No. PN-23-E.
r. Seal Coat Improvement District No. PR-23-C.
s. Asphalt Mill and Overlay Improvement District No. PR-23-E.
t. Asphalt Mill and Overlay Improvement District No. PR-23-G.
u. New Utility Construction Improvement District No. UN-23-A.
v. Utility Rehab/Reconstruction Improvement District No. UR-23-A.
City Engineer Tom Knakmuhs said the reason this item was continued was a North Dakota Supreme Court ruling required the Special Assessment Commission to determine the benefit and dollars independent of and without regard to the cost of the Improvement District. He said the Special Assessment Commission convened October 3rd and October 8th and utilized its independent judgement to estimate present future benefit dollars based on the evidence they had and their personal knowledge. The Commission did provide a dollar value and benefit for all of the parcels within these 22 Improvement Districts, he stated, and the benefit is greater than the cost. He said the City does pay many parts of a residents’ special assessments. Different types of projects have different funding, he said, and generally, new development is 100% special assessed to the benefiting properties whereas reconstruction or rehabilitation is subsidized by the City, for example a mill and overlay is 50% City funded and the cost is capped and does vary by project type. He said typically about 15% of that cost is special assessed and 85% is funded by the City.
Commissioner Kolpack moved that the special assessment list be approved.

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.

Resolution of Governing Body of Applicant Authorizing Application with the ND Department of Environmental Quality for a Loan under the Clean Water Act and/or Safe Drinking Water Act (Lead Service Line Replacement) Adopted:
Water Utility Director Troy Hall said Water Utility staff is seeking approval of a Resolution to apply for a Drinking Water State Revolving Fund (DWSRF) loan for Lead Service Line Replacement (LSLR) in Fargo. He said there is 66% Loan Forgiveness grant funding available for LSLR under this loan and if a LSLR program were successfully implemented, Fargo customers would benefit from more than $23 million in grant funding over the next several years. Adoption of the Resolution only gives Water Utility staff permission to apply, he stated, and loan approval would come at a later date. He presented information on how water actually gets into homes through a water main, to a curb stop and then into a home’s plumbing and from the curb stop into a home. He said when a water main replacement project is done, the City replaces the line from the water main to the curb stop; however, the line from the curb stop into the home is where the lead service lines are located. It is important to note, he said, that lead does not come from the water treatment plant; it comes from the lead service line as well as some home plumbing fixtures. He said the City will be doing outreach and public notification once the funding is secured and there will be a website to help residents determine where lead service lines are located.
In response to a question from Commissioner Strand asking how residents know if they have lead pipes, Mr. Hall said the City knows where the lead service lines are; however, residents can have their water tested by an independent lab. He said the Water Treatment Plant is not a certified lab for lead testing; however, they do have a list of places where the water can be tested. Residents can call the Water Department to check if their home is on the list of those addresses that are known to have lead service lines, he said.
Commissioner Kolpack said a resident will only have to pay a third of the bill they would see if they had to do it themselves.
In response to a question from Commissioner Strand asking what is the average cost to replace a lead service line, Mr. Hall said anywhere from $7,000.00 to $15,000.00. He said he hopes to do bidding to lower the cost and to get a good price for the citizens.
Commissioner Kolpack moved the Resolution of Governing Body of Applicant – Filing Loan Application to the ND Department of Environmental Quality under Drinking State Revolving Fund Loan for Lead Service Line Replacement in Fargo, and referred to as Attachment “D,” be adopted and attached hereto.

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

Camping Ordinance and Resolution Implementation Update:
Assistant City Administrator Brenda Derrig said since the camping Ordinance was enacted, City staff have cleared noncompliant camps and relocated people to allowable camping spots, starting Downtown under the bridges. She said no one has been fined or arrested and staff does weekly outreach to all of the unhoused people.
Fargo Cass Public Health Director Jenn Faul said the City and FCPH are still deciding where to locate the winter warming facility this year. She said the Downtown Engagement Center served more than 400 people in September and the Mobile Outreach team transported 265 people, which avoided 81 calls to Fargo Police or medical personnel. The Gladys Ray Shelter gave emergency shelter to 103 different people in September, she stated, and all teams will continue to do outreach to connect the homeless to services. The camping Ordinance lays the foundation for Housing First, she said, a nationally recognized model to end homelessness that prioritizes getting people into service-supported housing and eliminates the barriers that keep people on the street. She said Fargo has not taken any tangible steps towards Housing First; however, work is happening behind the scenes to find potential funding sources, supportive service providers, master leasing partners and other services.
In response to a question from Commissioner Strand asking about access to portable bathrooms and garbage cans for the camps, Ms. Derrig said there are garbage cans in those locations; however, there is no plan for adding portable bathrooms.
In response to a question from Commissioner Strand asking if Fargo has a plan if Churches United in Moorhead closes, Ms. Derrig said there is no plan; however, she shares his concern and she will see how things unfold.

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

Resident Comments:
Olivia Fischer spoke.

The time at adjournment was 6:14 o’clock p.m.