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City Commission

Fargo City Commission - January 4, 2016

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Room at City Hall at 5:00 o'clock p.m., Monday, January 4, 2016.
The Commissioners present or absent were as shown following:
Present: Gehrig, Piepkorn, Sobolik, Williams, Mahoney.
Absent: None.
Mayor Mahoney presiding.

Order of Agenda Approved:
Commissioner Williams moved the Order of the Agenda be approved moving Item No. “5” from the Consent Agenda to the Regular Agenda.
Second by Sobolik. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Gehrig moved that the Minutes of the Regular Meeting of the Board held on December 21, 2015 be approved as read.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.

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

1. Resolution Authorizing Officers to make Deposits and Withdrawals and approve the Designated Depositories (Attachment “A”).

2. Auditing services contract with Eide Bailly, LLP for the 2015-2017 calendar years.

3. Out of Grade pay request for Luke Lindberg in the Human Resources Office.

4. Grant award from the Byrne JAG Program in the amount of $9,985.30 for FY 2016 and designate the Rape and Abuse Crisis Center as a pass-through grant recipient.

5. Lucky 7 Taxi Service, Inc. rate change (moved to the Regular Agenda).

6. 2nd reading, waive reading and final adoption of the following Ordinances; 1st reading, 12/21/15:
a. Amending Sections 13-1001, 13-1002, 13-1003, 13-1008, 13-1012 and 13-1013, Repealing Sections 13-1004 through 13-1007 and Enacting Sections 13-1014 and 13-1015 of Article 13-10 of Chapter 13 of the Fargo Municipal Code Relating to Recreational Aquatic Facilities.
b. Rezoning Certain Parcels of Land Lying in Maple Valley Second Addition, Fargo, Cass County, North Dakota.
c. Rezoning Certain Parcels of Land Lying in Christianson 32nd Avenue South Addition, Fargo, Cass County, North Dakota.
d. Amending Section 20-0705.D of Article 20-07 of Chapter 20 of the Fargo Municipal Code (Land Development Code) Relating to Parking Lot Perimeter Landscaping.

7. Tax exemptions for improvements made to buildings:
a. Kim Burd, 2808 27th Street South (3-year).
b. Edward and Kimberly Van Hal, 1522 29th Avenue South (3-year).
c. Donald and Jo Helland, 1329 15th Street South (5-year).
d. William Slanger, 206 22nd Avenue North (5-year).
e. Victor Peterson, 1648 American Way South (5-year).
f. Jeffrey and Sharon Weitzel, 110 23rd Avenue North (5-year).
g. Jeff Schlossman, 1625 10th Street South (5-year).
h. Julie Gorron, 1509 15th Street South (5-year).
i. Matthew Brunsvold, 1006 3rd Street North (5-year).
j. Susan Maack, 911 7th Street South (5-year).
k. Breanna Schauer, 1414 4th Avenue South (5-year).
l. Patrick and Jo Ann Thomas, 1534 5th Avenue South (5-year).
m. Chelsie Anderson, 322 19th Street North (5-year).
n. Deborah Clark, 209 27th Avenue North (5-year).
o. Roger and Judy Untersherer, 301 22nd Street South (5-year).
p. Joshua Baumer and Michelle Kapfer, 401 24th Avenue North (5-year).
q. Judy Wahlberg, 716 12th Avenue North (5-year).
r. Robert and Sherry Veit, 810 19th Avenue South (5-year).
s. Curtis and Margaret Sveum, 1731 5th Street South (5-year).
t. Jamie Kinne, 2521 West Country Club Drive South (5-year).
u. Troy and Kristina Nielsen, 1514 14 ½ Street South (5-year).
v. Kevin Bartram, 1701 9th Street South (5-year).
w. Jeffrey Schlossman, 1114 7th Street South (5-year).
x. Jeffrey and Michelle Borowicz, 67 North Woodcrest Drive (5-year).

8. Applications for Games of Chance:
a. Benefit for Paul Morlock for raffle boards on 1/24/16; Public Spirited Resolution.
b. El Zagal Arab Patrol for a raffle on 3/11/16.
c. The Fargo Rotary Club for a raffle on 5/11/16.
d. Benefit for Lonna Stoner for a raffle on 1/23/16; Public Spirited Resolution.

9. Fire Department application for an Energy Conservation Grant through the North Dakota Commerce Department.

10. Purchase Agreement – Permanent Easement from Perry Montplaisir, Trustee of the Laverne A. Montplaisir Family Trust and Montplaisir Ag and Rental, LLP (Project No. 5933).

11. Developer’s Agreement for the Gamma Fargo Addition.

12. Community Acknowledgement Form with regard to the LOMR application for Woodlawn Park in Moorhead.

13. Purchase one Sewer Jet/Vacuum Truck from Flexible Pipe, Inc. for $349,000.00.

14. Lease one articulated loader for five years from ASC Equipment for $17,733.00 per year.

15. Bid advertisement for Project No. WA1501.

16. Bid awards for Project No. WW1502: General Contract to CC Steel LLC in the amount of $213,000.00 and Electrical Contract to Fritz Electric in the amount of $46,220.00.

17. Bills in the amount of $11,059,986.14.

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

Contract Time Extension for Improvement District No. SL-14-01 Approved:
Commissioner Williams moved approval of a contract time extension to September 25, 2015 for Improvement District No. SL-14-01.

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

Final Balancing Change Order No. 2 for Improvement District No. BR-15-C1 Approved:
Commissioner Williams moved approval of Final Balancing Change Order
No. BR-15-C1 for an increase of $39,013.85 for Improvement District No. BR-15-C1.

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

Change Order No. 4 for Improvement District No. PN-14-C1 Approved:
Commissioner Williams moved approval of Change Order No. 4 for an increase of $99,705.00 for Improvement District No. PN-14-C1.

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

Change Order No. 2 for Improvement District No. PN-15-E1 Approved:
Commissioner Williams moved approval of Change Order No. 2 for an increase of $77,962.50 for Improvement District No. PN-15-E1.

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

Final Balancing Change Order No. 1 for Improvement District No. TR-15-A1 Approved:
Commissioner Williams moved approval of Final Balancing Change Order No. 1 for an increase of $8,060.00 for Improvement District No. TR-15-A1.

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

Change Order No. 3 for Improvement District No. UN-14-11 Approved:
Commissioner Williams moved approval of Final Balancing Change Order
No. 3 for an increase of $56,000.00 for Improvement District No. UN-14-11.

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

Final Balancing Change Order No. 2 for Improvement District No. PN-14-61 Approved:
Commissioner Williams moved approval of Final Balancing Change Order
No. 2 for an increase of $1,856.28 for Improvement District No. PN-14-61.

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

Change Order Nos. 3 and 4 for Improvement District No. UN-15-E1 Approved:
Commissioner Williams moved approval of Change Order No. 3 for an increase of $19,928.90 and Change Order No. 4 for an increase of $13,790.30 for Improvement District No. UN-15-E1.

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

Resolution Adopted Annexing Approximately 162.323 Acres of Land in Reed Township:
The Board received a communication from Planning Director Jim Gilmour and Planning Administrator Nicole Crutchfield stating the City received a Petition for Annexation of property in Section 28 of Reed Township. He said the subject property is adjacent to city limits and is north of 19th Avenue North and west of 45th Street North. He said the petition is for approximately 162.323 acres.
Commissioner Sobolik offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, the City of Fargo, Cass County, North Dakota, is a municipal corporation, organized and existing under the laws of the State of North Dakota, with about one hundred ten thousand (110,000) inhabitants; and
WHEREAS, there is contiguous and adjacent to the City of Fargo, a tract or parcel of land hereinafter specifically described, containing approximately 162.323 acres, more or less, which tract or parcel of land is not presently a part of the City of Fargo.
NOW, THEREFORE, BE IT RESOLVED, By the Board of City Commissioners of the City of Fargo, North Dakota, that the boundaries of the City of Fargo be, and they hereby are, extended so as to include and incorporate within the corporate limits of the City of Fargo, Cass County, North Dakota, certain land described as follows:
Southeast Quarter of Section 28, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota:
Said Tract Contains 162.323 acres, more or less.
BE IT FURTHER RESOLVED, By the Board of City Commissioners of the City of Fargo, North Dakota, that this Resolution be published in the official newspaper for the City of Fargo once each week for two successive weeks, and a hearing be held on the 29th day of February, 2016, at 5:15 p.m., in the City Commission Room, City Hall, Fargo, North Dakota.

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

City Auditor Directed to Publish a Notice of Hearing on an Application Filed by Anthony Alfa d/b/a U-Rides Cab Company for a Taxicab License: Commissioner Williams Appointed to Serve on the Taxicab License Committee:
The Board received a communication from City Auditor Steve Sprague stating his office received an application from Anthony Alfa d/b/a U-Rides Cab Company for a Taxicab License. He stated in accordance with Article 25, Section 0403, Paragraph B of the Fargo Municipal Code, the application shall be submitted by the City Auditor to the Board of City Commissioners who will set a date for a public hearing and appoint a member of the City Commission to serve on a committee to examine the need for the license.
Commissioner Sobolik moved that the City Auditor’s Office be directed to publish a notice of hearing on the application and Commissioner Williams be appointed to serve on the taxicab license committee

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

Second Reading and Final Adoption of an Ordinance Amending Section 8-1606 of Article 8-16 of Chapter 8 of the Fargo Municipal Code Relating to Parking Tickets and Amending Section 1-0305.12 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Parking Ticket Fees:
Commissioner Williams moved that the proposed Ordinance Amending Section 8-1606 of Article 8-16 of Chapter 8 of the Fargo Municipal Code Relating to Parking Tickets and Amending Section 1-0305.12 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Parking Ticket Fees which was placed on its first reading December 21, 2015 be now placed on its second reading and a vote taken on the question of its final passage and adoption.

Second by Sobolik. On call of the roll Commissioners Williams, Sobolik, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
There was unanimous consent to waive reading of the Ordinance in its entirety and no one was present to request that the Ordinance be read.
On the vote being taken on the question of the final passage and adoption of the Ordinance, Commissioners Williams, Sobolik, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Ordinance was duly passed and adopted.

Ordinance Relating to Alcoholic Beverages (FA Cinema Liquor License) Referred Back to the Liquor Control Board for Further Review:
Jade Rosenfeldt, Attorney for Marcus Theatres, said after the last meeting she went back to Marcus Theatres and explained to them that she did not think that it was likely that the Commission would approve the ordinance as presented. After discussions with them, she said, they believe that some modifications could be made to make this more palatable to the Commissioners who were opposed to the ordinance as it stands today. Specifically, she said, they believe that they can prohibit the service or the bringing of alcohol into a theatre in which a G movie or any animated PG movie would be playing. She said they believe that they can do that in their business plan and it might be agreeable to the City in further modification of this ordinance. She said she did have discussions with Commissioner Piepkorn about individuals only having access to certain theatres; however, the way the theatre business works is that movies are moved from theatre to theatre depending on popularity or type of showings. She said the idea is that there would be a lounge separate from the lobby area where the alcohol would be sold.

Assistant City Attorney Nancy Morris said the Commission has a couple of different options for direction of this ordinance; however, she would like some guidance from the Commission as to what they would like to see in the ordinance that would be acceptable.
Commissioner Williams moved the Ordinance Amending Sections
25-1501, 25-1504.2, 25-1504.4, 25-1506, 25-1507, 25-1508, 25-1511 and 25-1512 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages be referred back to the Liquor Control Board for further review.

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

Renaissance Zone Project for Investments on Main LLC Approved (614 Main Avenue):
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for Investments on Main LLC to rehabilitate the existing building at 614 Main Avenue.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.
The Board received a communication from Planner Joe Nigg stating the Renaissance Zone Project application presented by Investments on Main LLC meets all of the minimum criteria set forth in the Renaissance Zone Plan and is consistent with the established goals and objectives. Mr. Nigg recommended that the project be approved.
Commissioner Williams moved the Renaissance Zone application filed by Investments on Main LLC for a project located at 614 Main Avenue be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority and the modification of the Renaissance Zone boundary to include Block 24 be approved.

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

Parcels of Land in Stern’s Subdivision of Auditor’s Lot 2 and in Huntington’s Addition Rezoned (1025 14th Avenue South and 1320 11th Street South):
At a Hearing held on December 1, 2015 the Fargo Planning Commission recommended approval of a change in zoning from SR-2 Single-Dwelling Residential and SR-3, Single Dwelling Residential to P/I, Public and Institutional on Lots 11-13 of Stern’s Subdivision of Auditor’s Lot 2, and part of Lots 8-14, Block 6, Huntington’s Addition.
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.
Commissioner Sobolik offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Sobolik, Piepkorn, Gehrig, Williams 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 Lying in Stern’s Subdivision of Auditor’s Lot 2 and in Huntington’s Addition, Fargo, Cass County, North Dakota:
Commissioner Sobolik moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in Stern’s Subdivision of Auditor’s Lot 2 and in Huntington’s Addition, Fargo, Cass County, North Dakota be placed on first reading.

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

Parcels of Land in FSOC Addition Rezoned (3901 40th Avenue South):
At a Hearing held on December 1, 2015 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to LI, Limited Industrial of the proposed FSOC Addition.
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.
Commissioner Sobolik offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Sobolik, Piepkorn, Gehrig, Williams 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 Lying in FSOC Addition, Fargo, Cass County, North Dakota:
Commissioner Sobolik moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in FSOC Addition, Fargo, Cass County, North Dakota be placed on first reading

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

Resolution Adopted Approving FSOC Addition:
Commissioner Sobolik 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 “FSOC Addition” containing 3 Lots, 1 Block and 11.74 acres of land more or less, located at 3901 40th Avenue South; and
WHEREAS, A Hearing was held December 1, 2015 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 December 21 and 28, 2015 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., January 4, 2016 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 “FSOC 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.

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

Parcels of Land in Urban Plains Center Addition and Encore Addition Rezoned (4920, 4974 and 5050 30th Avenue South; 3101, 3131, 3155 and 3195 49th Street South):
At a Hearing held on December 1, 2015 the Fargo Planning Commission recommended approval of a change in zoning from LC, Limited Commercial and P/I, Public and Institutional to P/I, Public and Institutional maintaining the existing C-O, Conditional Overlay on Lot 1, Block 5, Urban Plains Center Addition; and from LC, Limited Commercial and P/I, Public and Institutional to LC, Limited Commercial maintaining the existing C-O, Conditional Overlay on Lot 1, Block 1 of the proposed Encore Addition.
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.
Commissioner Sobolik 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 Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Sobolik, Piepkorn, Gehrig, Williams 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 Lying in Urban Plains Center Addition and Encore Addition, Fargo, Cass County, North Dakota:
Commissioner Sobolik moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in Urban Plains Center Addition and Encore Addition, Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Encore Addition and Urban Plains Center Addition:
Commissioner Sobolik 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 “Encore Addition” containing 2 Lots, 1 Block and 14.22 acres of land more or less, located at 4920, 4974, and 5050 30th Avenue South; 3101, 3131, 3155, and 3195 49th Street South; and
WHEREAS, A Hearing was held December 1, 2015 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 December 21 and 28, 2015 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., January 4, 2016 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 “Encore 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.

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

Staff Directed to Publicly Advertise the Position of City Administrator:
The Board received a communication from Mayor Mahoney proposing options to the process of hiring a City Administrator. He said Bruce Grubb has served capably as the Interim City Administrator; however, it is time to begin a process of identifying the person to take the position on a permanent basis. He said the Board could appoint a selection committee, or another option could be considered. He said the process could begin with the premise that the Interim City Administrator is a very qualified candidate for the permanent role. Mr. Grubb has done extremely well in filling the role, he said, and with the range of responsibilities being both wide and deep, he has proven he has the background, education, skills, experience, disposition and wisdom to take over the position on a permanent basis. He said this is not to exclude the possibility that applications from individuals with exceptional qualifications may be received, and all qualified applications should be fully and fairly considered. He proposed minimum requirements, knowledge and skills and said he would work with the Human Resources Department to receive and review applications for at least one month and then make a recommendation to the Board. If multiple applicants are worthy of further consideration, he said, he may recommend the Board conduct interviews of finalists or appoint a hiring committee to conduct interviews. On the other hand, he stated, after reviewing applicants and comparing them to the Interim City Administrator, it may be found further review or interviews are not necessary or appropriate, and he may recommend the position be offered to the existing Interim City Administrator. He asked the Board to give thought to the options with the understanding the matter would be discussed and acted upon in mid-January.

City Attorney Erik Johnson said both options would provide for compliance with the City’s Civil Service provisions and the Fargo Municipal Code. He said the process basically suggests that whenever an appointing authority would like to fill a vacancy the clerk is notified, in addition to a requirement for the vacancy to be publically published.

Human Resources Director Jill Minette said the Mayor has outlined two options in the letter; option one follows the idea that the City would potentially have a selection committee process similar to the process that was used for the Police Chief position. The second option, she said, aligns better with the situation the City is in where succession planning has already occurred with the position in that Bruce Grubb was named Assistant City Administrator to serve alongside Pat Zavoral prior to his retirement and now in the interim. The second option, she said, really recognizes that the planning is in place but still opens up the position for applications through a nationwide search to allow for a review and an assessment of other candidates for the position. This would include potential interviews of those candidates as well to determine if it is appropriate to move forward to a selection committee process for the position or if it is determined at that point that the current Interim City Administrator has the best skill set and experience for the position. At that point, she said, the Mayor would bring a recommendation to the Commission.

Commissioner Williams said he feels that no matter what course is taken; it will take a vote by the Commission. He said he feels it is important to get the notice out due to the fact that the City does not know what kind of a response will be received.
Commissioner Piepkorn moved staff be directed to publicly advertise the position of City Administrator.

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

Recommendation to Declare the Third Monday in January of Each Year a City Holiday Approved:
The Board received a request from Commissioner Sobolik requesting the vote taken at the December 21, 2015 City Commission meeting to declare the third Monday in January of each year a City holiday be reconsidered.

Director of Finance Kent Costin said the data that had been floating around was incorrect. He said when the numbers were compiled there was some confusion, primarily with how the Police Department is paid on holidays. He said this actually surfaced at a Cabinet Meeting and Chief Todd clarified that Police and Fire do not get paid overtime on holidays, it is treated as any other day. He said the new cost estimate would be manageable at a cost from $3,000.00 to $12,000.00, which is considerably less than the $75,000.00 that was originally estimated.

Commissioner Piepkorn said the numbers do not add up. He said he feels that this is a budget decision that needs to go through the budget process and done in a methodical way.

Commissioner Williams said there is a cost to this; however, there is also a return on this benefit. He said the City of Fargo needs to be competitive and anything that can be added as a recruiting tool is always beneficial.
Commissioner Williams moved to declare the third Monday in January of each year a City holiday, to direct the Human Resources office to update Policy No.
500-009 and to move the City Commission meeting currently scheduled for Monday, January 18, 2016 to Tuesday, January 19, 2016.

Second by Sobolik.
Commissioner Gehrig moved the motion be amended to replace the employees’ flex holiday with the paid City holiday on the third Monday in January of each year to recognize Martin Luther King Jr. Day, and any further discussions regarding holidays be added to the budget process.
Second by Piepkorn. On call of the roll on the motion to amend, Commissioner Piepkorn voted aye.
Commissioners Gehrig, Sobolik, Williams and Mahoney voted nay.
The motion died for a lack of a majority.

On call of the roll on the original motion, Commissioners Williams, Sobolik and Mahoney voted aye.
Commissioners Gehrig and Piepkorn voted nay.
The motion was declared carried.

Request of Lucky 7 Taxi Service, Inc. for a Rate Change Denied:
The Board received a communication from Laurie and Jeff Dodd, Lucky 7 Taxi Service, Inc., requesting a change in Lucky 7 Taxi Service’s rate schedule. They said due to cost of living increases, an increase in commercial insurance and with the abundance of taxi companies in town, they are requesting a rate increase to remain competitive. They said they have not increased their rates since 2008 and would like the Board to consider the following changes:

$5.50 meter drop (from $4.50 now).

$.20 per 1/10 mile (from $.20 per 1/8 mile).

$1.00 extra per person (from $.50 now).

$2.00 per mile out of town flat rate (no change).

$1.00 per minute wait time (from $.60 per minute wait time now).

The Board also received a communication from City Auditor Steve Sprague recommending approval of the requested rate change for Lucky 7 Taxi Service, Inc.
City Auditor Steve Sprague said the way that the ordinance reads is if a taxi company would like to raise the rates, a proposal is put together and circulated among the other taxi companies. He said that has not been done with this request which brings about a question as to why the City sets the rates for taxi companies.
Commissioner Williams moved the request be denied.

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

Commissioner Williams moved to direct the Taxicab License Committee to begin discussions with the taxicab companies and appropriate staff to analyze the current ordinances regarding taxicab rates.

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

Commissioner Sobolik moved that the Board adjourn to 5:00 o’clock p.m., Tuesday, January 19, 2016.

Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 5:59 o’clock p.m.