Fargo City Commission - July 12, 2021 Minutes

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, July 12, 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: Fargo Cass Public Health has administered 48,144 doses of the COVID-19 vaccine as of July 9th and there is a 59.4 percent one-dose coverage rate in Cass County; building permits in the first half over 2021 are up 20 percent over 2020; the Police Department and Silver Lining Creamery are partnering to promote bike and pedestrian safety Downtown rewarding bikers and skateboarders found walking their bike or carrying their skateboard in the safety zone may be rewarded with an ice cream coupon; he welcomed Terry Hogan who has started as the City’s first Director of Diversity, Equity and Inclusion. A video was shown featuring the Police Department Executive Leadership Team, Chief Zibolski, Deputy Chief Joe Anderson and recently promoted Assistant Chief Travis Stefonowicz, Captain Chris Helmick and Captain George Vinson.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved allowing Item No. “33” on the Regular Agenda to be a Public Comment item.
Second by Gehrig. 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 June 28, 2021 and the Minutes of the Special Meeting held on July 1, 2021 be approved as read.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.

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

1. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of the following Ordinances:
a. Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Ordinances – Violation.
b. Amending Section 10-0102 of Article 10-01 of Chapter 10 Relating to Unlawful for Minors to Enter Liquor or Beer Establishments, 25-1509 and 25-1520 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Restrictions on Sale, Service or Dispensing of Alcoholic Beverages and Penalty, and Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.

2. 1st reading of an Ordinance Amending Section 10-0103 and 10-0105 of Article 10-01 of Chapter 10 of the Fargo Municipal Code Relating to the Sale of Tobacco Products to Minors and Use and Possession by Minors Prohibited, Section 10-1002 of Article 10-10 of Chapter 10 of the Fargo Municipal Code Relating to Sale of Tobacco Products Through Vending Machines,
Section 35-0103 of Article 35-01 of Chapter 35 of the Fargo Municipal Code Relating to Suspension of Authority to Sell Tobacco Products and Imposition of Administrative Penalties, and Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.

3. 2nd reading and final adoption of the following Ordinances; 1st reading, 6/28/21:
a. Rezoning Certain Parcels of Land Lying in Craigs Oak Grove Second Addition to the City of Fargo, Cass County, North Dakota.
b. Enacting Article 13-17 of Chapter 13 of the Fargo Municipal Code Relating to Boulevard Gardens.

4. Site Authorizations for Games of Chance:
a. Fraser Ltd. at Golf Addiction (amended).
b. Fraser Ltd. at Space Aliens.

5. Applications for Games of Chance:
a. Legacy Children’s Foundation for a raffle on 8/16/21.
b. Sanford Health Foundation North for a raffle on 8/12/21.
c. Nativity Knights of Columbus for a raffle on 9/30/21.
d. River Keepers for a raffle on 8/7/21.
e. Fargo North High School for a calendar raffle from 8/9/21 to 5/28/22.
f. Fargo North High School for a calendar raffle from 11/24/21 to 2/13/22.
g. Knights of Columbus Fourth Degree Assembly 788 for a calendar raffle from 1/1/22 to 1/31/22.
h. Kringen Club Inc. for bingo from 7/1/21 to 6/30/22.
i. Villa Nazareth dba CHI Friendship for a raffle on 10/22/21.
j. YMCA of Cass and Clay Counties for a raffle on 8/3/21.
k. Benefit for Larry Larson for a raffle and raffle board on 7/14/21; Public Spirited Resolution.

6. Change Order No. 4 for an increase of $65,105.40 for Project No. FM-16-A1.

7. Final Balancing Change Order No. 3 in the amount of $363.65 for Project No. SL-20-A1.

8. Right of Way Use Agreement with Sigma Psi Housing, LLC and Construction Engineers, Inc.

9. Notice of Grant Award from the ND Department of Health for Regional Environmental Health Services.

10. Notice of Grant Award from the ND Department of Health for State Aid to Local Public Health Units.

11. Notice of Grant Award from the ND Department of Health for Public Health Emergency Preparedness and Response (CFDA #93.089).

12. Purchase of Service Agreement with Fargo Public School District for school years 2021-2024.

13. Notice of Grant Award with the North Dakota Department of Health for increasing immunization rates for local public health units (CFDA #93.268).

14. Collaboration funds in the amount of $2,500.00 from the Bob Woodruff Foundation to the Fargo ND Cares Program.

15. Agreement – Contract Human Resources Manager with Melissa Lura.

16. Out-of-grade pay request for Chris Helmick and Matt Christianson at the Police Department retroactively effective 5/3/21.

17. Resolution Approving Plat of Thor Addition (Attachment “A”).

18. Contract and bond for the replacement of the Fire Alarm System at the FARGODOME (RFP21103).

19. Bills in the amount of $7,862,974.69.

Second by Preston. On call of the roll Commissioners Gehrig, Preston, Piepkorn, Strand 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. PR-21-G1 Approved:
Commissioner Gehrig moved Change Order No. 1 for an increase of $105,831.58 for Improvement District No. PR-21-G1 be approved.

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

Negative Final Balancing Change Order No. 3 for Improvement District No. BN-20-E1 Approved:
Commissioner Gehrig moved Negative Final Balancing Change Order No. 3 in the amount of -$43,573.13 for Improvement District No. BN-20-E1 be approved.

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

Negative Final Balancing Change Order No. 3 for Improvement District No. BN-20-F1 Approved:
Commissioner Gehrig moved Negative Final Balancing Change Order No. 3 in the amount of -$39,143.94 for Improvement District No. BN-20-F1 be approved.

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

Alley Paving Improvement District No. AN-21-A1: Protests Received and Declared Insufficient:
The Statutory Resolution of Necessity for the construction of Alley Paving Improvement District No. AN-21-A1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on June 9 and 16, 2021 and protests representing 10.3 percent of the legal protest area have been received and filed in the office of the City Auditor within the legal protest period.
Commissioner Gehrig moved the protests be received and filed and declared insufficient.

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

Bids Received for Alley Paving Improvement District No. AN-21-A1:
The bids for Alley Paving Improvement District No. AN-21-A1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., Wednesday, July 7, 2021 and the bids were found to be as follows:

Master Construction Company, Inc. Fargo, ND
Bid: $118,000.00

Northern Improvement Company Fargo, ND
Bid: $150,578.00

Paras Contracting, Inc. Fargo, ND
Bid: $152,979.00

Opp Construction Fargo, ND
Bid: $157,597.00

Contract for Alley Paving Improvement District No. AN-21-A1 Awarded to Master Construction Company, Inc. in the Amount of $118,000.00:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Alley Paving Improvement District No. AN-21-A1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received July 7, 2021 for Alley Paving Improvement District No. AN-21-A1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Alley Paving Improvement District No. AN-21-A1 shows the bid of Master Construction Company, Inc. of Fargo, North Dakota, in the sum of $118,000.00 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 Master Construction Company, Inc. in the sum of $118,000.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Alley Paving Improvement District No. AN-21-A1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Master Construction Company, Inc. for the sum of $118,000.00, 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 Gehrig, Preston, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Contract for New Paving and Utility Construction Improvement District No. BN-21-H1 Approved:
Commissioner Gehrig moved the Contract between the City of Fargo and Dakota Underground Company Inc. for New Paving and Utility Construction Improvement District No. BN-21-H1 in the City of Fargo, North Dakota, be approved.

Second by Preston. On call of the roll Commissioners Gehrig, Preston, Piepkorn, Strand 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-H1 Approved:
Commissioner Gehrig moved the following described Contract Bond be approved as to sufficiency:
United Fire and Casualty Company, in the amount of $2,288,225.99, for New Paving and Utility Construction Improvement District No. BN-21-H1 in the City of Fargo, North Dakota.

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

Contract for Concrete Paving Rehab/Reconstruction Improvement District No. PR-21-F1 Approved:
Commissioner Gehrig moved the Contract between the City of Fargo and Dakota Underground Company, Inc. for Concrete Paving Rehab/Reconstruction Improvement District No. PR-21-F1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for Concrete Paving Rehab/Reconstruction Improvement District No. PR-21-F1 Approved:
Commissioner Gehrig moved the following described Contract Bond be approved as to sufficiency:
United Fire and Casualty Company, in the amount of $1,785,212.00, for Concrete Paving Rehab/Reconstruction Improvement District No. PR-21-F1 in the City of Fargo, North Dakota.

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

Contract for Street Lighting Improvement District No. SL-21-C1 Approved:
Commissioner Gehrig moved the Contract between the City of Fargo and Strata Corporation for Street Lighting Improvement District No. SL-21-C1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for Street Lighting Improvement District No. SL-21-C1 Approved:
Commissioner Gehrig moved the following described Contract Bond be approved as to sufficiency:
Western Surety Company, in the amount of $434,508.60, for Street Lighting Improvement District No. SL-21-C1 in the City of Fargo, North Dakota.

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

Resident Comments:
Faith Dixon (via Conference Call) spoke about the Board leading by example and public interaction; Branden Krieger spoke about fireworks, and Wess Philome spoke about making the resident comment opportunity more constructive.

Mayor Mahoney said it seems to be the same people speaking. He said the resident comment period was started as a way for citizens to speak about items on the agenda and the Board may have discussions at a later time about public input.

Parcels of Land in Valley View Estates Second Addition Rezoned (3604 through 3731 50th Street South):
At a Hearing held on April 6, 2021 the Fargo Planning Commission recommended approval of a change in zoning from SR-4, Single-Dwelling Residential, MR-1, Multi-Dwelling Residential and MR-2, Multi-Dwelling Residential with a C-O, Conditional Overlay to SR-4, Single-Dwelling Residential, SR-5
Single-Dwelling Residential and MR-1, 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.

Current Planning Coordinator Donald Kress said this is a replat of a portion of the Valley View First Addition. He said the proposed plat reduces the number of units; it was originally 222 units on 34 lots and it is now 157 units on 100 lots. A virtual open house was held on March 30th, he said, and one neighbor to the north spoke with the developer and planning staff and there was no opposition. He said the plat includes a vacation of right-of-way; 50th Street South was relocated to the west.

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, 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 Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioner Preston, Gehrig, Piepkorn, Strand 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 Valley View Estates Second 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 Lying in Valley View Estates Second Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Valley View Estates Second 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 “Valley View Estates Second Addition” containing 100 Lots, 5 Blocks and 17.80 acres of land more or less, located at 3604 through 3731 50th Street South; and
WHEREAS, A Hearing was held April 6, 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 June 9, 16, 23 and 30, 2021 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., July 12, 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 “Valley View Estates Second 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.

Parcels of Land in Eagle Valley Fifth Addition Rezoned (7401 and 7501 23rd Street South):
At a Hearing held on April 6, 2021 the Fargo Planning Commission recommended approval of a change in zoning from LC, Limited Commercial and
MR-2, Multi-Dwelling Residential to LC, Limited Commercial with a Conditional Overlay (C-O), SR-4 Single-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.

Current Planning Coordinator Donald Kress said this major subdivision is a replat including a vacation of right-of-way for a portion of 23rd Street South and a subdivision waiver for street alignment and a zoning change. He said the project had been before the City Commission on November 30, 2020 at which time the Growth Plan Amendment was referred back to the Planning Commission for a possible compromise. He said the applicant has now revised the plan to keep a portion commercial (Block 1, Lot 1) and also have some single-dwelling lots (Lots 1-27,
Block 2).

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Eagle Valley Fifth 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 Lying in Eagle Valley Fifth Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Eagle Valley Fifth 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 “Eagle Valley Fifth Addition” containing 28 Lots, 2 Blocks, and 7.82 acres of land more or less, located at 7401 and 7501 23rd Street South; and
WHEREAS, A Hearing was held April 6, 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 June 9, 16, 23, and 30, 2021 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., July 12, 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 “Eagle Valley Fifth 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 Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Preston, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Resolution Adopted Approving South Haven Second Addition (2505, 2511, 2517, 2523, 2529, 2605, 2611, 2617, 2623, 2705, 2717 and 2729 65th Avenue South);
A Hearing had been set for this day and hour to consider approval or denial of an application requesting a Plat of South Haven Second Addition (Major Subdivision) a replat of Lots 21-32, South Haven Subdivision to the City of Fargo, Cass County, North Dakota.

Current Planning Coordinator Donald Kress said this is a replat of Lots 21 through 32, South Haven Subdivision and there is no zone change proposed along with the plat.

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 “South Haven Second Addition” containing 11 Lots, 1 Block, and 6.11 acres of land more or less, located at 2505, 2511, 2517, 2523, 2529, 2605, 2611, 2617, 2623, 2705, 2717 and 2729 65th Avenue South; and
WHEREAS, A Hearing was held January 5, 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 June 30 and July 7, 2021 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., July 12, 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 “South Haven Second 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 Preston, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Hearing on a Dangerous Building Located at 305 University Drive South: City Attorney's Office Directed to Prepare the Appropriate Findings of Fact and Order:
A Hearing had been set for this day and hour on a dangerous building located at 305 University Drive South.

The Board received a communication from Inspections Administrator Bruce Taralson stating the owner of the property has failed to comply with his order to obtain a permit to repair or demolish the heavily damaged structure at this location within the time allowed. He said he recommends the building be designated to be a dangerous building and the City Attorney be directed to prepare findings of fact in this matter and order its removal on September 9, 2021. Mr. Taralson said a resolution has now been reached with the attorney of the property owner. This case is about the duration of its dilapidation, he said, as it has been a rental with issues going back to 1999. The water has been disconnected since 2011, he said, and it was declared a dangerous building in 2018.

Ashley Champ, Anderson Bottrell Law, said she represents the owner, Peter Haddeland. She said they are not planning to contest the dangerous building and teardown; however, they request that the deadline be extended from September 9, 2021 to October 1, 2021.

Commissioner Strand moved the City Attorney’s Office be directed to prepare and serve the owner with the appropriate Findings of Fact and Order and the Inspections Department be authorized to solicit proposals for the removal of this structure if it is not removed within the time allowed by the Board’s Order.

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

Fargo-Moorhead Area Flood Diversion Project Update:
FM Diversion Authority Executive Director Joel Paulsen said the largest development since his last update to the Board is the procurement process for selecting a developer for the Public Private Partnership (P3). He said it concluded with an award on June 18, 2021 to a group called the Red River Valley Alliance, herein called the Alliance. The multi-year search was open to local and global firms, he said, and had strict technical and financial requirements. He said the decision to go the P3 route rather than design-bid-build escalated the schedule by ten years and saved local taxpayers more than $330 million. The contract is being finalized, he said, and it is expected the Alliance will be onboard by August, with construction anticipated to begin on the diversion channel in the spring of 2022 and to be substantially complete in 2027 with final completion in 2028. Construction continues on the Southern Embankment, the Wild Rice and Inlet Control Structures, he said, and the Red River Control Structure plans are nearly complete and they hope to bid that out early next year. Another major milestone was the receipt of the Federal WIFIA (Water Infrastructure Finance and Innovation Act) loan, he said, $569 million was received at 2.07% interest which saves approximately $266 million over the payback of the loan. He is pleased to report that things continue to move forward in a positive direction, he said.

Second Reading and Final Adoption of an Ordinance Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations (Minor in Possession/Consumption of Alcohol):
Commissioner Preston moved that the proposed Ordinance Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations now be placed on its second reading and a vote taken on the question of its final passage and adoption.

Second by Gehrig. On the vote being taken on the question of the final passage and adoption of the Ordinance Commissioners Preston, Gehrig, Strand and Mahoney voted aye.
Commissioner Piepkorn voted nay.
The Ordinance was duly passed and adopted.

Opioid Litigation Update: Bankruptcy Plan of Purdue Pharma et al Approved:
The Board received a communication from City Attorney Erik Johnson stating the City initiated a lawsuit in July 2019 against Purdue Pharma and others for damages and other relief pertaining to the nationwide opioid crisis. He said most of the opioid lawsuits have been assembled for litigation management purposes in an MDL (multi-district litigation) in Federal District Court in Ohio, he said, and the MDL process is utilized by the courts as a tool to manage mass tort litigation. Purdue Pharma (and affiliated entities), the developer of OxyContin, petitioned for Chapter 11 bankruptcy, he said, and a bankruptcy plan for reorganization, that includes payment to opioid plaintiffs including cities and states, has been under negotiation for some time. He shared a letter from the Plaintiff’s Executive Committee that explains the proposed plan. The City’s litigation counsel is the law firm of Andrus Anderson LLP, he said, with Jennie Anderson as lead counsel.

Jennie Anderson (via conference call) said approval of the plan is recommended. She said it will pass if a majority of a number of eligible claimants approve it and 2/3 of governmental entities, 6,000 of which have filed claims. She said this will avoid additional litigation and bring much needed funds for opioid not only to Fargo and North Dakota, but nationwide. This is only the bankruptcy matter, she said, and there will be further litigation. She said the letter included in the packet shows the weighted scale of the distribution.

In response to a question from Commissioner Strand asking what the lawsuit means to Fargo, Ms. Anderson said since distribution of the letter the Sackler family has put in additional funds. The estimate with the weighted factor for North Dakota is .19%, so assuming estimates to be true, the amount could be $5.5 or $5.6 million, she said. Allocations will be distributed by the State for opioid abatement through an abatement fund based on need and abatement programs, she said, and the payments would be distributed over time.

Commissioner Strand said he hopes when this help comes it will be given out proactively. He said arrest is not an answer for addiction. He said it seems the opioid crisis is at a peak again and he hopes a solution can be found to help the people.

Commissioner Piepkorn moved the bankruptcy plan of Purdue Pharma et al be approved, as presented.

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

Final Design for 32nd Avenue South Approved (Improvement District No. BR-22-A1):
City Engineer Brenda Derrig said following the June 14, 2021 Regular Meeting of the Board, her staff visited further and now have a more in-depth presentation and she shared an overview of the use of federal funds and the associated requirements.

Assistant City Engineer Tom Knakmuhs said to use the Federal Funds ($13.29 million) there is a requirement to comply with the National Environmental Policy Act (NEPA) to evaluate its effects and provide public review and comments, plus a Categorical Exclusion (Catex) is used to reduce paperwork and save time and resources. Public Comment was held from August 12 to August 27, 2020, he said, with 42 comments received through an interactive map and 27 Facebook comments. He said 2/3 of the comments were related to vehicle traffic, 9% were pedestrian and bike concerns, 4% were utility concerns and 20% were unrelated and out of the scope of the project. The public meeting, he said, hosted six members from the public with good one-on-one feedback. A lot of information influences decisions for a project like this, he said, including public input, crash data, and existing plans and traffic studies.

Transportation Division Engineer Jeremy Gorden said the proposal reduces the driving lanes from 12 feet to 11 feet which will increase the boulevard and sidewalk width, reduce crossing distance for pedestrians, provide traffic calming and reduces cost. Reducing the width of the center lane/center median from 19 to 12 feet increases boulevard and sidewalk width and reduces crossing distance, he said, and street lighting will be improved with LED lights which improves safety and reduces energy usage. He shared the project location map showing the project for next year, Segment 1, and said there will be more work done with DOT staff about landscaping islands. He said a major safety feature with the project prohibits left turns out of Oak Grove Elementary. He outlined four options, their benefits and disadvantages, and said the recommendation for 32nd Street South to 22nd Street South is for Alternative B1 – Concrete 6 lane reconstruction with flush median at an estimated cost of $8,430,000.00 with Option 2, eastbound right turn lane at 25th Street with an estimated additional cost of $45,000.00. For Segment 2 – 22nd Street to the Red River of the North, he said, they recommend Alternative B1 – Concrete 5 lane Reconstruction with flush median estimated at $11,170,000.00.

In response to a question from Commissioner Piepkorn about the concept of using artificial turf in some areas where it is difficult to grow grass, Mr. Knakmuhs said that is an option and will be looked at when delving deeper into the design, considering what is easiest to maintain.

Commissioner Gehrig said to not have a right turn lane onto 25th Street would be substantial and likely not well received. While he is okay with this design, he said taking away right turn lanes will slow down traffic and in the winter, when lane lines are not visible, more narrow lanes could be dangerous. He said if this goes further to make changes for more walkability, he will not support it. Not all areas fit as far as walkability, he said, not all parts of Fargo are the same.

Mr. Gorden said the right lane that exists today that they are recommending not be installed is westbound on 32nd Avenue to turn north on 25th Street. He said there will be slightly more delay; however, not significant.

Commissioner Preston said when walking across a busy intersection, it is unsettling to have the car turning right into a crosswalk. She appreciates these changes, she said, and said there are a number of arterials in the City that could benefit from incorporating walkability.

In response to a question from Commissioner Strand asking about the crossing at 28th Street near Ed Clapp Elementary, Mr. Gorden said there is not much change there and he will touch base with the School’s Facility Manager for feedback.

Commissioner Piepkorn moved the Final Design for 32nd Avenue South, (Improvement District No. BR-22-A1) be approved as presented.

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

At 6:21 the Board took a seven-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Resolution Adopted Establishing Reporting Requirements of the Fargo Police Department Related to Hate Crimes:
Commissioner Preston said this is a follow-up to establish a practice on reporting on hate crimes from the Police Department.

Commissioner Piepkorn said he feels it would be good to have a quarterly report on all crimes.

Chief Zibolski said quarterly reports are posted on the Police Department’s website; however, he can report on them to the Board as well.

In response to a question from Commissioner Gehrig asking how he intends to break down crimes, Chief Zibolski said he understands he will report on hate crimes as to whether or not the City Ordinance or Federal Law was applied. He said hate crimes are reviewed if they meet the elements of Federal Law by the US Attorney’s Office and there are few. He said with the new Ordinance there may be more potential violations, so those will be tracked as well, along with the prosecution piece.

Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, The City of Fargo adopted Fargo Municipal Code §§ 10-0323.1 - Simple Assault - Hate Crime; 10-0322.1 - Harassment - Hate Crime; and 10-0321.1 - Criminal mischief Hate Crime; and
WHEREAS, The City of Fargo recognizes and understands that a Hate Crime offense adopted by Ordinance are classified as Class B misdemeanors, which carry a maximum penalty of a fine in the amount of $1,500 and 30 days in jail; and
WHEREAS, City of Fargo recognizes that the Hate Crime offenses punishes the same conduct as the underlying offense, but for the added element that the conduct was committed "in whole or in part because of the actual or perceived race, color, religion, gender, disability, sexual orientation, gender identity, national origin or ancestry of the victim"; and
WHEREAS, The City of Fargo recognizes and appreciates that the motive or reason for committing the offense may be difficult to determine or otherwise discern in some situations; nevertheless, the Fargo Police Department, through training and experience, is tasked with identifying, reporting and referring for prosecution Hate Crimes pursuant to Fargo Municipal Code; and
WHEREAS, The Board of City Commissioners desires to obtain regular information from the Fargo Police Department Chief of Police, or designee, on a quarterly basis, explaining the Fargo Police Department's records of incident reports that include information pertaining to the offense having been committed because of the victim's actual or perceived "race, color, religion, gender, disability, sexual orientation, gender identity, national origin or ancestry' and the outcome of any such report, as well as any reports made by the Fargo Police Department to any State or Federal agency.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE BOARD OF CITY COMMISSIONERS The Fargo Police Department Chief of Police, or designee, shall provide quarterly reports to the Board of City Commissioners explaining the Fargo Police Department's records of incident reports that include information pertaining to the offense having been committed because of the victim's actual or perceived "race, color, religion, gender, disability, sexual orientation, gender identity, national origin or ancestry' and the outcome of any such report, as well as any reports made by the Fargo Police Department to any State or Federal agency.

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

Quarterly Report on Hate Crimes through June 2021:
Chief Zibolski said the Police Department began tracking hate crimes in January and have had eleven tagged as potential crime bias; however, through the course of investigations none were shown to be hate crime related in the ability to prosecute them. Aside from the hate crime piece, he said, two were charged in State court as felonies for terrorizing and two were City referrals for disorderly conduct.

Report from the Police and Fire Departments Regarding Fireworks:
Commissioner Gehrig said he asked for a report to share the correct information with the public about the impact of fireworks on fire calls.

Fire Chief Dirksen said in the period of July 1st to July 7th, there were 9 in 2016 and over the same period last week there were 31 Fire Department responses related to fireworks, with around $50,000.00 in damages most notably a garage in an apartment complex plus a number of grass fires. He said everything is permissible but not everything is beneficial. He said there are many law abiding citizens who do not blow up fireworks; however, if it is legalized a spike will be seen which will further tax resources. He said on the 4th of July alone, the Fire Department responded to 50 events.

Police Chief Zibolski said his data goes from June 27th to July 6th and shows 219 fireworks calls in 2020 and during the same timeframe this year there were 182, 17 percent less. Two citations were issued and a potential data issue was identified as far as citations in the CAD system, so more work is needed to look at firework citations specifically. In one incident, juveniles threw lit fireworks at police officers Downtown, he said, and citations were issued at one of the fire scenes. He said officers must see a violation to issue tickets, which is likely why there are not many citations. He said he agrees with Chief Dirksen that from a public safety standpoint more calls for the Fire Department also drain law enforcement resources in ways such as traffic enforcement when they are fighting fires.

Commissioner Gehrig said he has been talking about lifting the fireworks ban since 2017. He said thousands of people are still lighting fireworks and the prohibition is not working. There could be better days to do this, or to have designated areas or times, he said. A change needs to be made and he will not make a motion due to it not being supported; however, he encourages the Commissioners to think about it and talk to residents to see what could be done.

In response to a question from Commissioner Strand asking about investigations looking into fire causes, Chief Dirksen said each fire must be investigated by law. He said someone can light of a firework that causes a grass fire and unless someone talks they will not know who caused it.

Commissioner Strand said next year, if there is still a drought, this item should be proactively placed on the agenda going into the 4th of July to be sure to minimize the risk to the community.

Commissioner Piepkorn said when lighting fireworks in the City, it is not known where it could land, it could be on a roof or a woodpile. Out in the country, with no one around, a person can usually see where it land, he said, that is not true in a city.

City Attorney Directed to Draft a Resolution for the Implementation of a Ward System in Fargo: Appropriate Staff Directed to Propose an Election and City Governance Task Force:
Commissioner Gehrig said an Election and City Governance Task Force was created by the Board at its August 1, 2016 meeting and he shared the report outlining their findings. He said Fargo has a Commission style form of government which is unique for a medium sized community and only five Commissioners who are all At-Large. The Task Force had varying ideas and a number of suggestions and as Fargo grows and there are people in the community looking for a change, he feels now is a good time to look at it, he said. He is aware of a group looking to initiate changes if the Board does not, he said, they will not be able to have any control over an initiated measure put on the ballot, there could be something promoted like 13 Commissioners or an odd style of government so it would be good to be proactive. Most cities this size have a Ward System and an At-Large System, he said, and more than 5 Commissioners. There are people in the City who would feel better represented if there were a different system, he said. He is proposing to move things ahead, he said, not to make changes but to put this on the ballot so the people can decide.

Commissioner Preston said there is some question whether the City could go to a Ward System and still maintain its Commission form, so going to a Council form needs to be part of the conversation.

Mark Johnson, Fargo resident and Political Science faculty member at M State, shared a document with the Board comparing the size and election form to other
medium-sized cities in the Upper Midwest. He said he is sharing his views as a Fargo citizen not representing the opinion of his employer. He said Fargo is the only city of its size using At-Large elections and the number of residents per Commissioner is 25,200. He said the mean ratio is about 18,000, which is what the ratio would be at with 7 Commission members. An issue with an At-Large election form of government in large cities is that electoral strength of minority populations can be diluted and North Dakota law is vague about whether the Commission form must use At-Large elections, he said. The State Supreme Court is inconsistent in how it applies Home Rule, he said, so he would recommend the City have their attorney look to see what the State Supreme Court would allow these days. Fargo is the second largest city using the Commission form, he said, only behind Portland and it is suggested they are about to get rid of it.

Carol Sawicki, League of Women Voters of the Red River Valley, said she was a non-voting member of the Election and City Governance Task Force. She said the League of Women Voters, even prior to this discussion, made the decision to study the different kinds of City governments in the area and anyone interested is welcome to take part. She said if and when a Ward Ordinance is presented, it would be important to have discussion on how the lines are drawn and she would recommend having an independent group do that. She said the best way of deciding placement of wards is called “Communities of Interest” which is a concept that groups people of common concerns together.

Commissioner Preston said the timing of the discussion is perfect and the League could do some education. She strongly feels it is time to go to a Ward System and along with that a Council form; however, it is a complicated question. She said this would have a huge impact on the Home Rule Charter which has not been reviewed in many years.

Commissioner Piepkorn said this seems to be a solution in search of a problem. He questioned what will be made better with these changes. In a Council government form, he said, elected officials would automatically be set up to go against each other and to only look out for their own little neighborhood. Now, he said, all five Commissioners look out for Fargo as a whole. There is nothing wrong with being unique, he said, and he feels this is a waste of time, especially if it is driven by politicians looking out for their own best interests. Adding more politicians to make things better is humorous he said. Why make a change and what is going to be better, he asked.

Commissioner Strand said he will not support anything until the citizens vet it. He said the people need to be engaged and involved and he cannot assume he knows the sentiment and needs of the people.

Commissioner Gehrig said the discussion on 32nd Avenue earlier is a good example, where having four of five Commissioners who live north of Main Avenue decided on a road on 32nd Avenue South. He does not feel having Wards would bring infighting, he said, and as more and more people and more diverse people are getting added to the City, it is time to at least have a discussion. He said there has been the same make-up of the Commission for a very long time, and while he is not saying it needs to change, it is time to ask the people if they want a change.

Commissioner Preston said the Council form is more policy oriented and less administrative, relying on a professional management staff, which is currently in place, and would change the role of the Commission. Members have accountability for portfolios in the Commission form, which makes for confusion with staff who can get direction from multiple people if there is overlapping assignments, she said. The biggest thing is efficiency and effectiveness in government and the Ward system is an issue of communication with the public, she said, and improvements would come with both changes. Asking the City Attorney to draft something is an initial step, she said. The Task Force supported a change and felt the Commission form was outdated; however, she said, they could not determine questions of which form to go to, Council versus Commission, Ward system and Manager versus Mayor.

Mayor Mahoney said Fargo has great governance, there is a great administrative team and the department heads are great at what they do. He said if there is to be a change in policy or government, there needs to be a frank discussion with people in the government on how it is working. He said he has been a little leery of a Council form as it seems they have difficulty coming to a difficult decision. He said Fargo has fought 500-year floods with a Commission system and it works well, all five Commissioners get out and communicate with the public. He said he is not averse to looking at a draft to review; however, this sounds like a question about more than the Ward System, it is a whole governance question. He said rather than have the City Attorney make all the decisions, it may be time to reinvent a committee again to look at everything. While he would look at a draft, he is not totally sold on it, he said.

Commissioner Gehrig said this is only for a draft. He said Erik Johnson would draft it and the Board would look at it. If it is rejected, he said, it will not be on the ballot; however, if the Board agrees, it could go on the ballot. He said he feels having another committee would not accomplish anything.

Commissioner Gehrig moved to direct the City Attorney to draft a Resolution for either an Ordinance or an Amendment to the Home Rule Charter of the City of Fargo that would establish four (4) wards within the City of Fargo and would require city governing body members elected from each ward to be residents of the ward, and if adopted by the Board, the Resolution would be placed on the ballot at the next regular City election in June 2022, for a city-wide vote.

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.

Commissioner Strand moved the Mayor and Administrative Staff be directed to propose an Election and City Governance Task Force to revisit the topics of Ward Systems, Number of Commissioners, Governance Types and term limits, in broader terms.

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

Discussion on Increasing the Number of City Commissioners:
Commissioner Gehrig said the norm is to have a number greater than five Commissioners.

In response to a question from Mayor Mahoney asking whether this is something the Task Force would address, Commissioner Strand said it would.

Commissioner Piepkorn asked why increase the number of Commissioners and what would be better. He said he has seldom encountered that having more politicians makes the world a better place.

Commissioner Gehrig moved the number of Commissioners be increased by two, from the current five.

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

City Attorney Directed to Draft a Resolution to Keep or Remove Term Limits: Legal Interpretation from the City Attorney on Term Limits and Affects on a Sitting Commissioner and/or a Mayoral Seat
Requested:
Commissioner Strand said it was brought to his attention that an uncertain interpretation exists regarding the current Mayor’s terms and whether he may be termed out or able to run again. He said due to the death of the previous Mayor in office, Mayor Mahoney has partial terms and different legal opinions exist.

Mayor Mahoney said it has been an honor to serve the citizens of Fargo and he enjoys every moment of being its Mayor. He said he asked for an opinion from City Attorney Erik Johnson and Mr. Johnson feels that he has termed out, so he then reached out to Grand Forks Attorney Howard Swanson for a second opinion. He said it is unusual that a Mayor dies in office and when his dear friend Denny Walaker died, as Deputy Mayor he took over and then was elected Mayor in a Special Election. He said he feels that, according to the rules, he can run again and he has asked Tami Norgard to provide an explanation.

Tami Norgard, Vogel Law Firm, said she has worked with both Erik Johnson and Howard Swanson and has the upmost respect for both. She said Mayor Mahoney asked her to research the topic and it will be up to the Board to interpret their Ordinance. She said if somebody does not like a decision reached, there is the opportunity to have it reviewed by the Court system. In her review, she said, the language is clear in the Ordinance identifying the outcome and the Home Rule Charter talks about terms and vacancy in office. She said when Mayor Walaker died, the Home Rule Charter required that then Deputy Mayor Mahoney resign his Commission seat in order to run for Mayor in a Special Election. She said the Charter says Mayors and Commissioners are elected for four-year terms with a clearly established beginning date and an end date and her interpretation is that when there is a vacancy mid-year and something changes, that is a partial term and not a full four-year term. It is identified in the Ordinance that if someone is elected to fill a vacancy mid-term, that is not a full term, she stated, and they still have a right to be elected for three additional four-year terms, or four in the case if somebody is a Commissioner and Mayor. She said less than a full term does not count as a term. In 2015, she said, the City Commission amended, and citizens approved, amending the Home Rule Charter to remove the requirement that a Commissioner would have to resign to run for Mayor. She walked through the language of the Ordinance and said it is concrete that a member who has served in the capacity of Mayor as well as Commissioner may not serve more than four successive four-year terms. It does not contain a limitation on the number of non-successive four-year terms, she said. Mayor Mahoney served two full terms and two partial terms as Commissioner and one full term and one partial term as Mayor. She said Howard Swanson’s focus was that when someone is elected to a vacancy that does not preclude him or her from having additional terms. She said being elected partway through a term is not a full term and putting Mayor Mahoney’s terms together shows two full terms, two partial terms as commissioner, a break, and then a partial term and a full term as Mayor. The North Dakota Supreme Court has said a term is not just time in office, it is a discrete point in time with a start point and an end point, she said, which is consistent with her interpretation and term is not the same as tenure. She said her summation is that as of June 2022, three full non-successive terms will have been completed by Tim Mahoney in service to Fargo’s residents.

Commissioner Gehrig said he would like the City Attorney to submit a written opinion as well so that if this moves forward both sides are known. He said this is a City Ordinance that can be changed. He said he would like a legal interpretation of term limits and how they affect a sitting Commissioner and/or a Mayoral seat after having possibly filled vacancies, to include a clear explanation of when current Commissioners terms are up.

In response to a question from Commissioner Piepkorn asking for another perspective, City Attorney Erik Johnson said he is not in a position to go through a complicated argument about how to interpret the Ordinance. Simply put, he said, he reads the Ordinance that it focuses on how long one has been a member of the City Commission. He said he recognizes the arguments Ms. Norgard and the Mayor have made and reasonable minds can differ. He said he can give a written opinion of his analysis; however, there is an election coming up and those running need to know who they will run against, incumbent or not. He said his opinion is not an enforceable opinion, this needs to be resolved as an enforceable law, which he will outline in his letter as well.

Commissioner Piepkorn asked what is to stop a future Commissioner or Mayor to resign towards the end of their third term, run again then make this same claim to continue serving and start the clock over.

Mayor Mahoney said no one would do a malfeasance of resigning and trying to run again.

Commissioner Preston said she believes in local term limits and feels it would be good to make sure it is clarified and that the public understands.

Commissioner Strand said a Task Force is being created and part of what is being asked of them is to study term limits. He said that is a separate issue from the Mayor running again and he does want to hear from the City’s legal counsel in light of the advice the Mayor has received from his. He said it would be unfortunate to end up in a legal squabble where the Mayor is suing for the right to be on the ballot.

Commissioner Gehrig said drafts of all the topics being discussed need to be prepared going into the Task Force because having a blank slate will have the same result as the first, which was a waste of time. He feels that if the Board does not take action, this will be an initiated measure on the ballot in 2022, he said, and the Board will not control the language.

Commissioner Preston said having something in front of the Task Force would help expedite discussions, and while they would not have to go along with Mr. Johnson’s proposal, it would give them something to start with. She said providing them some structure would be helpful.

Mr. Johnson said he would like to call attention to the distinction that if there is a Resolution for term limits to be voted on in the June election, it would not affect the term limit issue of Mayor Mahoney; however, it would apply going forward. He said it would be helpful to him if there were two motions, one regarding putting term limits on the ballot and a separate one requesting his opinion on the current terms.

Commissioner Gehrig moved the City Attorney be directed to draft a Resolution for residents to decide to whether to keep term limits for Fargo City Commissioners (including the Mayor) or to discontinue term limits for Fargo Commissioners (to include the Mayor).

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.

Commissioner Gehrig moved to request the City Attorney to provide one or more opinions as to how the City’s Ordinance establishing term limits for members of the City Commission affects any sitting City Commissioner or affects the sitting Mayor and to request that the City Attorney include in his opinion or opinions a calculation as to when each of said seated member of the City Commission is “termed out” as a result of said term limits Ordinance.

Second by Preston. On call of the roll Commissioners Gehrig, Preston, Piepkorn, Strand 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, July 26, 2021.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.

The time at adjournment was 7:34 o’clock p.m.