Fargo City Commission

Board of City Commissioners - September 7, 2021

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, September 7, 2021.
The Commissioners present or absent were as shown following:
Present: Gehrig, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: 3,000 new tree seedlings will be planted at the Reforest the Red event on September 8th; the Main Library is hosting Birding for Kids with Audubon Dakota September 11th and world yo-yo champion John Narum on September 18th; the Fargo Police Department held its annual Fargo United Event August 28th, the Police Department welcomed 13 new officers today; videos were shown of the demolition of the Mid America Steel site and highlighting the smart energy features of the RoCo Parking Ramp Downtown.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Preston moved that the Minutes of the Regular Meeting of the Board held on August 23, 2021 be approved as read.
Second by Strand. All the Commissioners voted aye and the motion was declared carried.

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

1. 1st Reading of an Ordinance Amending Section 08-0304, 08-0320 and
08-0323 of Article 08-03 of Chapter 8 of the Fargo Municipal Code Relating to Registration Card to be Carried in the Driver’s Compartment – Inspection of Card, Driving Without Liability Insurance Prohibited and license to be carried and exhibited upon demand, and Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.

2. Applications for Games of Chance:
a. Jeremiah Program Fargo-Moorhead for a raffle on 10/22/21.
b. 4 Luv of Dog Rescue for a raffle on 10/23/21.
c. Bio Girls, Inc. for a raffle on 11/16/21.
d. Lend a Hand Up for a raffle and raffle board on 9/25/21.
e. NDSU Foundation for a raffle and raffle board on 10/9/21.
f. North Dakota Dental Foundation for a raffle on 9/17/21.

3. Change Order No. 1 for an increase of $31,049.00 and associated time extension for Project No. SR-21-A1.

4. Negative Final Balancing Change Order No. 2 in the amount of -$2,109.50 for Project No. TR-20-A1.

5. Bid advertisement for Project No. PR-21-E.

6. Addition of Project No. TP-21-B1 to the 2021 Capital Improvement Plan.

7. Release of Permanent Easement as identified in Document No. 887241.

8. Installation of protective barriers within the reception areas of City Hall.

9. Agreement for Services with Nigel Helley.

10. Agreement for Services with Colby Youngquist.

11. Agreement for Services with Brianna King.

12. Sole Source Procurement with High Plains Technology for the purchase of the IBM i P9 computing system (SSP21148).

13. Change Order No. 3 for an increase of $35,990.00 for the Mid America Steel Demolition.

14. Sole Source Procurement with EnviroTech Services for the purchase of IceSlicer for the 2021/2022 winter season (SSP21147).

15. Request to extend the snow removal equipment services contracts with Glacier Snow Management, Turf Tamers, Industrial Builders and Master Construction for the 2021-2022 winter season (RFP20148).

16. Bid award to Code 4 Services as primary vendor in the amount of $13,024.86 and Mid-States Wireless as the emergency vendor for squad car setups (RFP21141).

17. Contract and bond for Project No. SW21-01.

18 Bills in the amount of $11,730,695.61.

Second by Preston. On call of the roll Commissioners Strand, Preston, Gehrig, Piepkorn 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. BN-20-L1 Approved:
Commissioner Strand moved Change Order No. 3 for an increase of $28,260.00 for Improvement District No. BN-20-L1 be approved.

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

Change Order No. 1 for Improvement District No. BN-21-H1 Approved:
Commissioner Strand moved Change Order No. 1 for an increase of $11,360.44 for Improvement District No. BN-21-H1 be approved.

Second by Preston. On call of the roll Commissioners Strand, Preston, Gehrig, Piepkorn 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. PR-21-G1 Approved:
Commissioner Strand moved Change Order No. 3 for an increase of $4,600.36 for Improvement District No. PR-21-G1 be approved.

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

No Protests Received for New Paving and Utility Construction Improvement District No. BN-21-E1:
The Statutory Resolution of Necessity for the construction of New Paving and Utility Construction Improvement District No. BN-21-E1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on August 18 and 25, 2021 and no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Strand moved that the Board declare that no protests have been filed to the construction of New Paving and Utility Construction Improvement District No. BN-21-E1.

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

Bids Received for New Paving and Utility Construction Improvement District No. BN-21-E1:
The bids for New Paving and Utility Construction Improvement District
No. BN-21-E1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., September 1, 2021 and the bids were found to be as follows:

Border States Paving, Inc. Fargo, ND
Bid: $2,048,234.64

Northern Improvement Company Fargo, ND
Bid: $2,070,758.83

Key Contracting, Inc. West Fargo, ND
Bid: $2,183,952.30

Dakota Underground Company Fargo, ND
Bid: $2,253,687.73

Contract for New Paving and Utility Construction Improvement District No. BN-21-E1 Awarded to Border States Paving, Inc. in the Amount of $2,048,234.64:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of New Paving and Utility Construction Improvement District
No. BN-21-E1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received September 1, 2021 for New Paving and Utility Construction Improvement District No. BN-21-E1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for New Paving and Utility Construction Improvement District No. BN-21-E1 shows the bid of Border States Paving, Inc. of Fargo, North Dakota, in the sum of $2,048,234.64 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Border States Paving, Inc. in the sum of $2,048,234.64 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for New Paving and Utility Construction Improvement District No. BN-21-E1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Border States Paving, Inc. for the sum of $2,048,234.64, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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

Contract for Alley Paving Improvement District No. AN-21-A1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and Master Construction Company, Inc. for Alley Paving Improvement District
No. AN-21-A1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for Alley Paving Improvement District No. AN-21-A1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
Lexon Insurance Company, in the amount of $118,000.00, for Alley Paving Improvement District No. AN-21-A1 in the City of Fargo, North Dakota.

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

Contract for New Paving and Utility Construction Improvement District No. BN-21-K1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and Master Construction Company, Inc. for New Paving and Utility Construction Improvement District No. BN-21-K1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for New Paving and Utility Construction Improvement District No. BN-21-K1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
Lexon Insurance Company, in the amount of $845,213.55, for New Paving and Utility Construction Improvement District No. BN-21-K1 in the City of Fargo, North Dakota.

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

Resident Comments:
Christopher Coen and Richard Thomas spoke about the Wildlife Management Program.

Parcels of Land in Asleson Farms Fourth Addition Rezoned (3523 41st Street South):
At a Hearing held on August 3, 2021 the Fargo Planning Commission recommended approval of a change in zoning from MR-2, Multi-Dwelling Residential to LC, Limited Commercial.
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 Preston offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff 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 Strand. On the vote being taken on the question of the adoption of the Resolution Commissioners Preston, Strand, Piepkorn, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

First Reading of an Ordinance Rezoning Certain Parcels of Land in Asleson Farms Fourth Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Preston moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land in Asleson Farms Fourth Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Parcels of Land in Amber Valley West Sixth Addition Rezoned (5675 26th Avenue South and 2501 55th Street South):
At a Hearing held on August 3, 2021 the Fargo Planning Commission recommended approval of a change in zoning from LC, Limited Commercial with a C-O, Conditional Overlay to LC, Limited Commercial with a C-O, Conditional Overlay and MR-3, Multi-Dwelling Residential.
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 Preston offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

First Reading of an Ordinance Rezoning Certain Parcels of Land in Amber Valley West Sixth Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Preston moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land in Amber Valley West Sixth Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Amber Valley West Sixth Addition:
Commissioner Preston offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Amber Valley West Sixth Addition” containing 2 Lots, 1 Block and 8.42 acres of land more or less, located at 5675 26th Avenue South and 2501 55th Street South; and
WHEREAS, A Hearing was held August 3, 2021 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 August 25 and September 1, 2021 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., September 7, 2021 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 “Amber Valley West Sixth 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.

Public Hearing Comment on the 2022 Preliminary Budget and Recommended Tax Levies:
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 be heard.

Mayor Mahoney said there is no vote tonight; this is an opportunity for the public to be heard regarding the budget. He said there was discussion at the last meeting about the two mills in the budget for the Airport; therefore, he had asked the Airport Authority for an overview.

Erik Lind, Airport Authority Chair, said he is available to answer questions the Commissioners may have. He said all the mill levies for the Municipal Airport Authority (MAA) are used strictly for construction, not operations, salaries or benefits. He shared a PowerPoint outlining what the mill levies were used for in the last budget, which includes a snow removal equipment building, glycol storage tank and cargo ramp. He said a terminal expansion is planned, much of which will be paid for with Federal dollars; however, anything revenue producing is not eligible for federal reimbursement. He said while authorized for up to four mills, which could be easily justified, the two mills being dedicated to the MAA are being put directly into service for the citizens of Fargo to use.

Mayor Mahoney closed the public hearing. He said the final budget and tax levies will be approved at the September 20, 2021 meeting.

COVID-19 Update:
Fargo Cass Public Health (FCPH) Director Desi Fleming (via conference call) said as of today there are 533 active cases in Cass County, which is very close to the first and third waves of the pandemic. Hospitalizations remain elevated with 99 individuals statewide, she said, and 85% to 90% are not vaccinated. She said there are pediatric cases in 42 counties across North Dakota. The breakthrough rate for vaccinated individuals is .68% of diagnosed cases so remains very low, she stated. The age category for active cases in Cass County is now in the 20 to 29 year old demographic, she said, and the increased cases in younger groups is concerning. She said the Centers for Disease Control and Prevention (CDC) has designated all but four counties in North Dakota as high transmission, with three listed as having substantial transmission, and North Dakota ranks 46 out of 51 in the nation for fully vaccinated people. Testing has increased, she said, and the storefront location for testing will remain open due to limited space at the Fargo Cass Public Health (FCPH) building. She said they are seeing minimal to no masking in indoor spaces and indoor concerts, and large events are not recommending mitigation strategies so a press release has been issued asking for the public’s help encouraging vaccination and mitigation strategies. She shared a phrase that she said resonated with her, “This pandemic is not a case of vaccine failure, it is a case of failure to vaccinate.”

FCPH Health Officer Dr. Tracie Newman (via conference call) gave an update on the pediatric COVID-19 situation. She said children accounted for more the 22.4% of weekly coronavirus infections in the U.S. by the end of August and in North Dakota the 7-day case rate increased 7-fold in August. Nationwide, children have accounted for more than 20% of the weekly coronavirus infections, she said, a higher number than the total average of all during the pandemic. In North Dakota, she said, there are 736 active cases in children as of September 7th, up from 521 the previous week, accounting for 28.4% of active cases in the State. She said the data stresses the importance of community vaccination, in coordination with testing strategies and other prevention measures to reduce transmission and is critical to protecting pediatric populations. She said North Dakota may not have reached its peak surge and it is difficult to say how long that can last.

In response to a question from Commissioner Preston asking about a new variant that may have been discovered, Ms. Fleming said the Mu variant is being studied, what they have found is it may not be as transmissible as the Delta variant so the Delta variant will keep its stronghold.

Commissioner Strand said it is important to be prepared to act urgently if things continue to worsen.

Update on the Wildlife Management Program Study Group:
Police Chief David Zibolski said the Wildlife Management Program Study Group completed some of its work; however, it does not have all the recommendations ready. He said there are some areas to work through with the Park District so he would like to bring it back on October 4th with a potential update or suggested motion. He said he is in receipt of the petition that Mr. Thomas presented and will pass that along to the study group for consideration relative to public safety.

Update on the Police Department’s Body-Worn Cameras and Demonstration:
Chief Zibolski said the Body-Worn Camera Committee and participating officers have done a tremendous job moving the project along. He said by the end of September everyone will be trained with the new body-worn cameras and during October, the in-car video and interview rooms will be integrated into the same system so by the end of October everything will be on one platform. He reviewed the related policies and shared a video of a traffic stop that showed the camera quality of the video and audio. He said the retention standard is the same as is in place now with the in-car video, which is mostly designated by Century Code and City policy.

Police Sergeant Shane Aberle showed the Board what the cameras looked like and described activation circumstances.
In response to a question from Commissioner Preston asking if School Resource Officers (SRO) will be wearing the cameras, Chief Zibolski said they will and there is an understanding that certain circumstances will result in SROs activating cameras. Regardless of where video is shot, he said, it is owned by the PD and they have the responsibility for open records, redaction and things of that nature.

Commissioner Strand said this is a significant move on behalf of the Police Department and the City, and his sense is everybody in the community embraces it positively.

In response to question from Commissioner Strand asking about instances in the news when officers have removed body cameras and how that conduct would be received, Chief Zibolski said if that were to happen it would be investigated with appropriate action taken; and absent a very good reason, such conduct would not be accepted. He said most officers are anxiously waiting for this technology to be with them and he feels it will prove to be beneficial for everybody.

Resolution Authorizing Sale of Property (401 3rd Avenue North – City Building and Parking) Adopted:
Director of Strategic Planning Jim Gilmour said the Riverfront Renewal Plan encourages additional private development within the area of the Plan. He said one of the activities included in the Plan was to sell the old Public Health building at 401 3rd Avenue North for development or to encourage development at an adjacent site. A development group is interested in the site, he said. The Finance Committee recommended the City proceed with requesting proposals for the sale of the property, he stated, and the proposals should include a project schematic, identification of entity or entities, requested incentives, timeline and a proposed purchase price. He said the City will evaluate the proposals based on if the proposed development is consistent with the Downtown Plan with implementation to begin within one year and be complete within three years. He said he recommends approval of the Resolution authorizing the sale. He said there will be 60 days for developers to respond, then he will bring the responses back to the Board with a recommendation. He said there have been at least two parties who have expressed interest.

Commissioner Piepkorn said there may be a number of development groups interested; however, as part of one of the groups, he would abstain from the vote.

Commissioner Strand moved the Resolution titled “Resolution Authorizing Sale of Property, 401 3rd Avenue North - City Building and Parking,” and referred to as “Attachment A,” be adopted and attached hereto.

Second by Preston. On the vote being taken on the question of the adoption of the Resolution Commissioners Strand, Preston, Gehrig and Mahoney voted aye.
Commissioner Piepkorn abstained from voting.
The Resolution was adopted.

At 6:00 p.m. the Board took a five-minutes recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

TischlerBise Economic Impact Study and Model Development Scope of Work Approved:
Assistant City Administrator Michael Redlinger said TischlerBise was identified as a vendor with specialized expertise in economic development and redevelopment initiatives. The company assists local governments by creating studies and impact models that evaluate short-, medium- and long-term economic impacts and return on investment scenarios for projects a city may support with economic development incentives. He said TischlerBise was asked to develop a scope of work for an economic impact study and model specifically suited to Fargo’s needs and interests. Their tasks, he said, will include establishing a baseline of City of Fargo data and land use information, preparation of a White Paper on Economic Development Incentives with a comparative analysis of Fargo’s economic development incentives and how those compare to other cities in the Midwest, development of a modeling tool to evaluate the performance of Fargo’s tax incentives and a training session for City staff on the functionality and features of the model. He said City staff also requested that TischlerBise’s model complement and integrate with the Fiscal Impact Model and long-range planning analysis being performed by Baker Tilly. The City wants the TischlerBise and Baker Tilly studies to work in tandem, he said, and guide the Tax Exempt Review Committee’s policy work. Additionally, other City studies, he said, including the Core Neighborhood Master Plan, Growth Plan Update and the Regional Housing Study will be provided to TischlerBise for review and integration into their analysis.

In response to a question from Commissioner Gehrig on how it is being paid, Mr. Redlinger said the $60,370.00 will be funded through an allocated discretionary account this year.

Mayor Mahoney said it will be good to get a report, as well as national data.

In response to a question from Commissioner Strand asking where this study originated, Mr. Redlinger said it came from discussions with Commissioner Preston and others in April about whether the City could benefit by looking at someone with expertise in other markets in the Midwest and this firm can do a comparative analysis and also deliver a model to use in the future. As they started to think about it in April and through the summer months, he said, it was felt such a study could add a lot of value. He said the Tax Exempt Review Committee did not ask for it; however, the Finance Committee and its Chair Commissioner Piepkorn were kept in contact and the data and analysis produced will be shared with the Tax Exempt Review Committee and can help inform additional policy revisions in the future. It is a Sole Source Procurement, he said, due to the unique skill set and he was not able to find many with the specific expertise working with municipal clients or as directly on-point as this particular firm.

Commissioner Strand said he is all about learning the benefits and nuances of the City’s tax programing and incentives; however, he is not comfortable with how this all came about and who decided it. He said the public does not see what the Finance Committee does.

Mayor Mahoney said Baker Tilly was going to bring back a report; however, it would not have all the necessary answers. He said he apologized if it was not a discussion with the whole group; however, there have been multiple discussions on Tax Increment Financing and new policy about what should be incentivized in new growth, old growth and old neighborhoods and this is an opportunity to get national information and perhaps another way of doing it that would be helpful.

Commissioner Gehrig said he would like an opportunity to visit with those doing the study. He said the information put into whatever model they will use is going to be the most important. He said he will ask if they have ever done a study where they proposed to end incentives, or is this just a company “rah rahs” for incentives and gets paid to do so.

Commissioner Preston said she supports the study. She said she submitted some suggestions to the Tax Exempt Review Committee based on concerns that surfaced from the Core Neighborhood Plan and incentivizing growth without the full knowledge of the impact. She said she hopes the proposal will result in a better sense of how to target the incentives.

Commissioner Preston moved the TischlerBise Economic Impact Study and Model Development Scope of Work be approved, as presented.

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

Proposed Ordinance Relating to Change in Form of Government Lost for the Lack of a Majority:
City Attorney Erik Johnson said at the July 12, 2021 meeting a motion was approved directing him to put together a Resolution or Ordinance that would place a City Council form of government before the voters. He said as an interim step at putting something to a Citywide vote is an Ordinance that creates a procedure to do so. The City’s Home Rule Charter calls for a Commission form of government, he said; however, there is the power in that Charter to change the form of government and that needs to be implemented by way of an Ordinance such as the one presented. He said this Ordinance does not start the process; however, if approved it would lay out a process by which the question could be put to the voters by Resolution of the City Commission.

Commissioner Strand said this is one of the most historic changes in the form of government in the history of Fargo and it is hardly even being talked about. He said the Board does not know what they or the people want, nor have all the options been studied. He said placing this on first reading at the next meeting results in going down the path of a Council Form of Government.

Commissioner Gehrig said this is a draft document so there is something to talk about at the Task Force level because if there is nothing to go on, nothing is done and everyone has a different idea in their head of what is being talked about.

Commissioner Preston said, as she understands it, this sets the process in place. She said a Task Force was also set in motion to work through questions for a public conversation about what it would contain, which has not been done.

Mayor Mahoney said that is in the works.

Commissioner Gehrig moved the Ordinance Relating to Change in Form of Government (Council or Ward System form of government) be received and filed and placed on first reading at the next Regular Meeting of the Board.

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

First Reading of an Ordinance Relating to Classification of Ordinance Violations (Yielding and Stopping While Operating a Bicycle):
Commissioner Gehrig moved the Ordinance Enacting Section 08-1220 of Article 08-12 of Chapter 8 of the Fargo Municipal Code Relating to Overtaking and Passing a Bicycle, Amending 8-1424 and 8-1411 of Article 8-14 of Chapter 8 of the Fargo Municipal Code Relating to Yielding and Stopping while Operating a Bicycle on a Roadway and Obedience to Traffic-Control Devices, and Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations be placed on first reading.

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

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Rich and Kate Lea, 2408 26 1/2 Avenue South (5 year).
b. Alexa Johnson, 1337 8th Avenue South (5 year).
c. Scott Hoaby, 2307 26th Avenue South (5 year).

Commissioner Gehrig moved the applications be approved.

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

Thomas Schmidt Appointed to the Planning Commission:
The Board received a communication from Mayor Mahoney recommending that Thomas Schmidt be appointed to the Planning Commission to fill the unexpired term of Melissa Sobolik, who has resigned.

In response to a question from Commissioner Strand asking to be apprised of the status of the other vacancies on the Planning Commission and why filling them has perpetuated so long, Commissioner Preston said those are the extraterritorial positions that have been difficult to fill.

Assistant Director of Planning and Development Mark Williams said those three vacancies are appointed by the Cass County Commission and there has been a shortage of applicants.

Mayor Mahoney asked Mr. Williams to look into the bylaws. He said when the City was small it was great to have the extraterritorial representation; however, it is difficult to find extraterritorial volunteers since it is so much about the City of Fargo and they are not really motivated to commit that time. He said perhaps it is time to look at changing the system if seats cannot be filled.

City Attorney Erik Johnson said he believes there is a statutory provision that calls for the number of Planning Commissioners and number of extraterritorial.

Strategic Planning Director Jim Gilmour said State law requires cities using extraterritorial power to have three members appointed by the County and they have to live in that extraterritorial area. He said with all the flood buyouts, there are few people left in that area. He said it is a major commitment to attend all the Planning

Commission meetings, which makes people reluctant to participate when there is nothing happening in their neighborhood. He said the bylaws were amended so those members do not have to be counted for the quorum requirement.

Mayor Mahoney said he would be in touch with Cass County regarding filling the seats.

Commissioner Preston moved Thomas Schmidt be appointed to the Planning Commission for a term ending June 30, 2022.

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

Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Monday, September 20, 2021.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.

The time at adjournment was 6:30 o’clock p.m.