Board of City Commissioners - June 28, 2021

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 4:30 o'clock p.m., Monday, June 28, 2021.
The Commissioners present or absent were as shown following:
Present: Gehrig, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

City Attorney Erik Johnson announced that the City of Fargo Board of City Commissioners will retire into Executive Session in the Red River Room for the purpose of an attorney consultation regarding a reasonably predictable litigation matter involving the enactment of ND House Bill 1248 that is scheduled to go into effect August 1, 2021, which Executive Session is authorized by North Dakota open meeting law, specifically, N.D.C.C. § 44-04-19.1(2) and (9), as such discussion during an open meeting would have an adverse fiscal effect on the litigating position of the City.
Commissioner Preston moved that the City Commission meet in Executive Session to discuss said matter as authorized by N.D.C.C. 44-04-19.1(2) and (9).

Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
At 4:35 o’clock p.m. the Board moved to the Red River Room to discuss the litigation matter in Executive Session.
Members present were: Gehrig, Piepkorn, Preston, Strand and Mahoney.
The Executive Session closed at 5:10 o’clock p.m. and the meeting reconvened in public session at 5:15 o’clock p.m.
All Commissioners present. Mayor Mahoney presiding.
The Mayor read a message with the following information: The Fargo Police Department’s 26th Annual Community Picnic was held at Urban Plains Park and a video highlighting the event was shown; more than 1,700 residents have registered for this summer’s reading project at the Library; the Tasty Traveling Tales storytime and snack video this week at the Library features South America; as of June 25th, Fargo Cass Public Health (FCPH) has administered 47,866 doses of the COVID-19 vaccine; the delta variant of the COVID-19 virus has been confirmed in North Dakota; and a video showcasing FCPH was shown.

Order of Agenda Approved:
Commissioner Preston moved the Order of the Agenda be approved, adding an extra item, Item No. “33-1,” to the Consent Agenda to set the Public Hearing date for a dangerous building at 305 University Drive South.

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

Minutes Approved:
Commissioner Gehrig moved that the Minutes of the Regular Meeting of the Board held on June 14, 2021 be approved as read.

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

Consent Agenda Approved:
Commissioner Preston moved the Consent Agenda be approved as follows:
1. Receive and file 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.
2. 2nd reading and final adoption of the following Ordinances; 1st reading on 6/14/21:
a. An Ordinance Annexing a Certain Parcel of Land Lying in the Southeast Quarter of Section 15 and the Northeast Quarter of Section 22, Township 140 North, Range 49 West, in Cass County, North Dakota.
b. An Ordinance Rezoning Certain Parcels of Land Lying in the Proposed Dakota Commerce Center Addition to the City of Fargo, Cass County, North Dakota.
3. Findings of Fact and Order and Notice of Entry of Order for property at 1033 5th Street North.
4. Agreement and Bill of Sale for a metal building located at the former Mid-America Steel site.
5. Gaming Site Authorization for Metro Sports Foundation at Country Inn and Suites.
6. Applications for Games of Chance:
a. St. Anthony of Padua Parish Fall Bazaar for bingo and a raffle on 9/26/21.
b. North Dakota Autism Center Inc. for a raffle on 9/28/21.
7. Emergency sewer repair by Dirt Dynamics at 23rd Street and 1st Avenue South.
8. Final Balancing Change Order No. 5 in the amount of $2,301.10 for Project No. UR-20-A1.
9. Change Order No. 1 in the amount of $11,310.00 and time extension for Project No. SL-21-A1.
10. Art Wrap Attachment Agreement for Placement on City-Owned Structures in the Public Right of Way.
11. Receive and file General Fund – Budget to Actual through May 2021 (unaudited).
12. Purchase of Service Agreement with Cass County Human Service Zone Board.
13. Notice of Grant Award – Public Health Emergency Preparedness All Hazards Allocation (CFDA #93.069).
14. Notice of Grant Award – Public Health Emergency Preparedness EPR Statewide Response Team (CFDA #93.069).
15. Notice of Grant Award Amendment from ND Department of Health for Tobacco Prevention and Control Program.
16. Notice of Grant Award – ND Department of Health for Women’s Way (CFDA #93.898).
17. Purchase of Service Agreement with ND Department of Health for Public Health Emergency Preparedness/Emergency Response Services (CFDA #93.069).
18. Agreement for Services with Zach Bruns.
19. Notice of Grant Award Amendment from ND Department of Health for Statewide Response Team (CFDA #93.069).
20. Notice of Grant Award Amendment from ND Department of Health for City Readiness Initiative (CFDA #93.069).
21. Notice of Grant Award Amendment from ND Department of Health for All Hazards Allocation (CFDA #93.069).
22. Memorandum of Understanding between Fargo Cass Public Health and ND Department of Health.
23. 45-day unpaid leave of absence for Lauren Schluter.
24. Lease and Vending Agreement with Breezeway Café, LLC at Fargo Public Library main location.
25. 2021 Action Plan for Community Development Block Grant (CDBG) and HOME Programs.
26. Resolution establishing The Arts Partnership as the Local Arts Agency (LAA) (Attachment “A”).
27. License Agreement with the Downtown Community Partnership for parking during the 2021 Downtown Street Fair.
28. Adopt Resolutions approving the following Plats:
a. Sigma Psi Housing Addition (Attachment “B”).
b. Booth Addition (Attachment “C”).
29. Interlocal Agreement with Cass County to provide $51,327.00 in Edward Byrne Memorial Justice Assistant Grant (JAG) funds (CFDA #16.738).
30. Application for Appropriation from Civil Asset Forfeiture Fund for the Fargo Police Department Criminal Investigation Fund.
31. Amendment (First) to Maintenance Agreement (Public Right of Way) with EOLA Landings, LLC.
32. Services Agreement (Towing and Impound Lot Management) with Brennan’s Garage, LLC d/b/a Fargo Moorhead Towing (RFP21050).
33. Change Order in the amount of $25,263.00.00 for additional work and time extension for the Metro Transit Garage lighting replacement project (AFB20132).
33-1. Set July 12, 2021 at 5:15 p.m. as the date and time for a Hearing on a dangerous building at 305 University Drive South.
34. Bills in the amount of $21,065,431.67.

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

Irrigation Repair Reimbursement Approved (Improvement District No. BR-20-C1):
The Board received a communication from the Public Works Projects Evaluation Committee stating lawn sprinklers at 1110 3rd Avenue North were damaged last year due to Improvement District No. BR-20-C1. They said ASA Property Management – Twin Towers is requesting sprinkler repair in the affected areas which include the boulevards adjacent to both 11th Street North and 3rd Avenue North by the Twin Towers building. ASA Property Management – Twin Towers hired and paid Opp Construction for the work, they said, and are requesting reimbursement from the City in the amount of $9,090.00.
Commissioner Preston moved the irrigation repair reimbursement to ASA Property Management – Twin Towers in association with Improvement District No. BR-20-C1 be approved, as presented.

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

Payment to Cass County Electric Cooperative Approved (Improvement District No. BN-20-K1):
The Board received a communication from the Public Works Projects Evaluation Committee stating two options were considered for Improvement District No. BN-21-A1, which will require the relocation of Cass County Electric Cooperative’s (CCEC) overhead power lines. They said Option 1 was to bury the entire line and Option 2 was to relocate with overhead poles and remain overhead. Option 1 was selected and approved by the City Commission on June 15, 2020, they said, and the cost at the time was $221,804.00. They said staff is now seeking approval to pay the invoiced costs from CCEC in the amount of $259,866.00, which includes $244,292.00 to relocate existing overhead lines and $15,574.00 to relocate underground lines for a NDDOT DMS sign.
Commissioner Preston moved the payment to Cass County Electric Cooperative in association with Improvement District No. BN-20-K1 be approved, as presented.

Second by Strand. On call of the roll Commissioners Preston, Strand, Gehrig, Piepkorn 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-K1 Approved:
Commissioner Preston moved Negative Final Balancing Change Order No. 3 in the amount of -$95,407.98 for Improvement District No. BN-20-K1 be approved.

Second by Strand. On call of the roll Commissioners Preston, Strand, 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. AN-20-E1 Approved:
Commissioner Preston moved Change Order No. 1 for an increase of $30,370.50 for Improvement District No. AN-20-E1 be approved.

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

No Protests Received for Storm Sewer Lift Station Rehab/Reconstruction and Incidentals Improvement District No. No. NR-20-A1:
The Statutory Resolution of Necessity for the construction of Storm Sewer Lift Station Rehab/Reconstruction and Incidentals Improvement District No. NR-20-A1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Preston moved that the Board declare that no protests have been filed to the construction of Storm Sewer Lift Station Rehab/Reconstruction and Incidentals Improvement District No. NR-20-A1.

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

Bids Received for Storm Sewer Lift Station Rehab/Reconstruction and Incidentals Improvement District No. NR-20-A1:
The bids for Storm Sewer Lift Station Rehab/Reconstruction and Incidentals Improvement District No. NR-20-A1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., June 23, 2021 and the bids were found to be as follows:

Industrial Builders, Inc. West Fargo, ND
Bid: $1,466,993.20 General
$1,571,093.20 Combined

Northern Plains Contracting, Inc. Wolverton, MN
Bid: $1,234,166.00 General
$1,337,066.00 Combined

Sun Electric, Inc. Fargo, ND
Bid: $98,000.00 Electrical

Key Contracting, Inc. West Fargo, ND
Bid: $1,176,385.50 General
$1,293,985.50 Combined

CC Steel, LLC Fargo, ND
Bid: $1,051,534.20 General

John’s Refrigeration & Electric, Inc. Valley City, ND
Bid: $99,995.00 Electrical

The Board received a communication from Assistant City Engineer Tom Knakmuhs stating the apparent low bid is a combination of the General Construction bid submitted by CC Steel, LLC of $1,051,534.20 and the Electrical Construction bid submitted by Sun Electric of $98,000.00. He said for accounting and administration of the General Construction and Electrical Construction contracts, it is necessary to assign new phase numbers to replace Improvement District No. NR-20-A1, which is the phase under which the bids were received; therefore, the General Construction contract shall be known as Improvement District No. NR-20-A2 and the Electrical Contract shall be known as Improvement District No. NR-20-A3.

General Construction Contract for Storm Sewer Lift Station Rehab/Reconstruction and Incidentals Improvement District No. NR-20-A2 Awarded to CC Steel, LLC in the Amount of $1,051,534.20:
Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Sewer Lift Station Rehab/Reconstruction and Incidentals Improvement District No. NR-20-A2; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received June 23, 2021 for Storm Sewer Lift Station Rehab/Reconstruction and Incidentals Improvement No. NR-20-A2 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Storm Sewer Lift Station Rehab/Reconstruction and Incidentals Improvement District No. NR-20-A2 shows the bid of CC Steel, Inc. of Fargo, North Dakota, in the sum of $1,051,534.20 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 CC Steel, LLC in the sum of $1,051,534.20 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Storm Sewer Lift Station Rehab/Reconstruction and Incidentals Improvement District No. NR-20-A2 in the City of Fargo, North Dakota, be and the same is hereby awarded to CC Steel, LLC for the sum of $1,051,534.20, 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 Strand. On the vote being taken on the question of the adoption of the Resolution Commissioners Preston, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Electrical Construction Contract for Storm Sewer Lift Station Rehab/Reconstruction and Incidentals Improvement District No. NR-20-A3 Awarded to Sun Electric, Inc. in the Amount of $98,000.00:
Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Sewer Lift Station Rehab/Reconstruction and Incidentals Improvement District No. NR-20-A3; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received June 23, 2021 for Storm Sewer Lift Station Rehab/Reconstruction and Incidentals Improvement No. NR-20-A3 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Storm Sewer Lift Station Rehab/Reconstruction and Incidentals Improvement District No. NR-20-A3 shows the bid of Sun Electric, Inc. of Fargo, North Dakota, in the sum of $98,000.00 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 Sun Electric, Inc. in the sum of $98,000.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Storm Sewer Lift Station Rehab/Reconstruction and Incidentals Improvement District No. NR-20-A3 in the City of Fargo, North Dakota, be and the same is hereby awarded to Sun Electric, Inc. for the sum of $98,000.00, 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.

No Protests Received for New Paving and Utility Construction Improvement District No. BN-21-H1:
The Statutory Resolution of Necessity for the construction of New Paving and Utility Construction Improvement District No. BN-21-H1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on May 12 and 19, 2021 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Preston 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-H1.

Second by Strand. On call of the roll Commissioners Preston, Strand, 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-H1:
The bids for New Paving and Utility Construction Improvement District No. BN-21-H1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., June 23, 2021 and the bids were found to be as follows:

Dakota Underground Company Fargo, ND
Bid: $2,288,225.99

Sellin Brothers, Inc. Hawley, MN
Bid: $2,550,471.75

Northern Improvement Company Fargo, ND
Bid: $2,583,448.39

Contract for New Paving and Utility Construction Improvement District No. BN-21-H1 Awarded to Dakota Underground Company in the Amount of $2,288,225.99:
Commissioner Preston 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-H1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received June 23, 2021 for New Paving and Utility Construction Improvement District No. BN-21-H1 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-H1 shows the bid of Dakota Underground Company of Fargo, North Dakota, in the sum of $2,288,225.99 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 Dakota Underground Company in the sum of $2,288,225.99 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-H1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dakota Underground Company for the sum of $2,288,225.99, 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.

No Protests Received for Concrete Paving Rehab/Reconstruction Improvement District No. PR-21-F1:
The Statutory Resolution of Necessity for the construction of Concrete Paving Rehab/Reconstruction Improvement District No. PR-21-F1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on May 26 and June 2, 2021 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Preston moved that the Board declare that no protests have been filed to the construction of Concrete Paving Rehab/Reconstruction Improvement District No. PR-21-F1.

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

Bids Received for Concrete Paving Rehab/Reconstruction Improvement District No. PR-21-F1:
The bids for Concrete Paving Rehab/Reconstruction Improvement District No. PR-21-F1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., June 23, 2021 and the bids were found to be as follows:

Dakota Underground Company Fargo, ND
Bid: $1,785,212.00

Opp Construction Fargo, ND
Bid: $1,792,198.00

Contract for Concrete Paving Rehab/Reconstruction Improvement District No. PR-21-F1 Awarded to Dakota Underground Company in the Amount of $1,785,212.00:
Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Concrete Paving Rehab/Reconstruction Improvement District No. PR-21-F1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received June 23, 2021 for Concrete Paving Rehab/Reconstruction Improvement District No. PR-21-F1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Concrete Paving Rehab/Reconstruction Improvement District No. PR-21-F1 shows the bid of Dakota Underground Company of Fargo, North Dakota, in the sum of $1,785,212.00 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 Dakota Underground Company in the sum of $1,785,212.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Concrete Paving Rehab/Reconstruction Improvement District No. PR-21-F1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dakota Underground Company for the sum of $1,785,212.00, 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.

No Protests Received for Street Lighting and Incidentals Improvement District No. SL-21-C1:
The Statutory Resolution of Necessity for the construction of Street Lighting and Incidentals Improvement District No. SL-21-C1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota, on May 26 and June 2, 2021, and no protests either written or verbal have been received or filed in the office of the City Auditor within the legal protest period, nor at any time.
Commissioner Preston moved that the Board declare that no protests have been filed to the construction of Street Lighting and Incidentals Improvement District No. SL-21-C1.

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

Bids Received for Street Light and Incidentals Improvement District No. SL-21-C1:
The bids for Street Light and Incidentals Improvement District No. SL-21-C1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., Wednesday, June 23, 2021 and the bids were found to be as follows:

Strata Corporation Grand Forks, ND
Bid: $434,508.60

Fargo Electric Construction, Inc. Fargo, ND
Bid: $468,202.55

Parsons Electric Fargo, ND
Bid: $523,083.75

Contract for Street Light and Incidentals Improvement District No. SL-21-C1 Awarded to Strata Corporation in the Amount of $434,508.60:
Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Street Light and Incidentals Improvement District No. SL-21-C1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received June 23, 2021 for Street Light and Incidentals Improvement District No. SL-21-C1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Street Light and Incidentals Improvement District No. SL-21-C1 shows the bid of Strata Corporation of Grand Forks, North Dakota, in the sum of $434,508.60 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 Strata Corporation of Grand Forks, North Dakota, in the sum of $434,508.60 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Street Light and Incidentals Improvement District No. SL-21-C1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Strata Corporation for the sum of $434,508.60, 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.

Resident Comments:
Jack Shaw spoke about handicap parking; Christopher Coen spoke about the Wildlife Management Program; Branden Krieger spoke about City issues; and Arden Light, Wess Philome, Faith Dixon and Sheri Fercho spoke about the hate crime Ordinance.

Application to Transfer the Alcoholic Beverage License from Big D’s Bar & Grille LLC d/b/a Shotgun Sally’s Rock N Roll to BB&E Partners-Fargo LLC d/b/a Twin Peaks Restaurant Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "Z" Alcoholic Beverage License from Big D’s Bar & Grille LLC d/b/a Shotgun Sally’s Rock N Roll to BB&E Partners-Fargo LLC d/b/a Twin Peaks Restaurant at 1515 42nd Street South notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said the Class “Z” Alcoholic Beverage License does not require food sales.

In response to a question from Commissioner Preston asking if Class “Z” Alcoholic Beverage Licenses are or are not transferrable, Mr. Sprague said they are non-transferrable unless the transfer is a going concern. He said Shotgun Sally's did not go out of business or close, they came into an agreement to transfer the business operations and the people who are hoping to get that license are going to rebrand and open as Twin Peaks.

In response to a question from Commissioner Preston asking if liquor licenses are issued to a corporation or to individual owners, Mr. Sprague said the licenses can be issued to a person, a corporation or a combination.

Commissioner Preston said this seems to defeat the whole issue of a secondary market.

Mr. Sprague said the City was trying to stop what happened when the Ground Round closed. He said that business went out of operation and sold its liquor license. In this case, had Shotgun Sally’s closed the business and said they were putting the license up for sale that would not be allowed.

Commissioner Gehrig said he has the same concerns and the City has made liquor licenses a commodity where someone owns it and can sell to the highest bidder. He said these are government licenses much like a hunting license where someone cannot buy a deer-hunting license and then sell it for four times what they paid. He said the City should stop the transfer of these licenses and the licenses should go back to the City.

Commissioner Preston said she thought the non-transferable piece of all of this was to bring the license back to the City and the City would reissue a new license. She said this way the City is not able to control the transaction and she does not understand the benefit of doing it this way. She said the Liquor Control Board should look at it again.

Assistant City Attorney Nancy Morris said she was looking through Ordinances; however, she does not know the exact terms of when a license is transferable and when it can be issued to a new entity as a going concern. She said she would look into it further.

Commissioner Gehrig said the reason the City does it this way is due to the fact that the City is concerned when a business is sold and if the license went back to the City, someone could snatch it up before the new owners could and the building would sit empty without a liquor license. He said the way to fix this is when the license comes back to the City, the new owners have the right of first refusal to say they want to buy that license from the City. He said if they do not, then it goes back on the market and that way it is no longer a commodity.

In response to a question from Commissioner Gehrig asking what is the cost of a Class “Z” Alcoholic Beverage License, Mr. Sprague said $105,000.00.
Commissioner Piepkorn moved the application be approved.

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

Application to Transfer the Alcoholic Beverage License from Downtown Holdings LLC d/b/a Fort Knox to Vault Partners LLC d/b/a Fort Knox Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "Z" Alcoholic Beverage License from Downtown Holdings LLC d/b/a Fort Knox to Vault Partners LLC d/b/a Fort Knox at 52 Broadway notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said the original owner of the bar sold it to a group who thought they were going to build a large office building on that site. He said that group built its office building at a different site and no longer needs the business, building or land and is selling all of it. As Commissioner Gehrig referenced, someone would not make the investment in buying a bar if they did not know they had the liquor license to run it, he said.

In response to a question from Commissioner Preston asking what is the criteria for background checks and determining whether something is significant or not, Mr. Sprague said guidelines were put together under the previous Police Chief, which stated if someone had a DUI and it was 10 years past, for example, that would be outside the scope of saying someone is not worthy of having a liquor license. He said all of the issues reported within the background checks on this application are outside of the guidelines.

Commissioner Gehrig said there are guidelines; however, there are disagreements as well. He said he sat on the Liquor Control Board for a few years and often voted for or against someone due to a gut feeling. He said he hopes the new Liquor Control Board looks at those issues as well and it really is a gut feeling with the guidelines, which are not set in stone
Commissioner Piepkorn moved the application be approved.

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

Application to Transfer the Alcoholic Beverage License for 670 Events Center LLC d/b/a Sanctuary Events Center Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "RZ-V" Alcoholic Beverage License for 670 Events Center LLC d/b/a Sanctuary Events Center at 670 4th Avenue North, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said the person who originally started the business is looking to move on to some new business ventures and is selling their stock and transferring the liquor license to the person who has been managing the business for them.
Commissioner Piepkorn moved the application be approved.

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

Application to Transfer the Alcoholic Beverage License for DTSG Inc. d/b/a Famous Dave’s Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "F" Alcoholic Beverage License for DTSG Inc. d/b/a Famous Dave’s at 2581 45th Street South due to more than a 5% ownership change notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said the owner of the business passed away; therefore, that person’s stock is being sold to two new individuals.
Commissioner Piepkorn moved the application be approved.

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

Application Filed by Fargo Ts LLC d/b/a Suite Shots for an Alcoholic Beverage License Approved:
A Hearing had been set for May 3, 2021 on the application filed by Fargo Ts LLC d/b/a Suite Shots for a Class "FA-Entertainment" Alcoholic Beverage License at 3400 James Way, notice of which had been duly published in the official newspaper for the City of Fargo.
At the May 3, 2021 Regular Meeting the Hearing was continued to this day and hour.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said this is a license designed for entertainment facilities and is the same license as Fargo Billiards. The Class “FA” Alcoholic Beverage License allows percentages of such things as games rather than all food. He said the owners are building an entertainment complex and this business is similar to Top Golf, which operates in the Minneapolis area.
Commissioner Piepkorn moved the application be approved.

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

Application Filed by TC Entertainment LLC d/b/a KingPinz for an Alcoholic Beverage License Approved:
A Hearing had been set for June 1, 2021 on the application filed by TC Entertainment LLC d/b/a KingPinz for a Class "FA-Entertainment" Alcoholic Beverage License at 3485 Jacks Way, notice of which had been duly published in the official newspaper for the City of Fargo.
At the June 1, 2021 Regular Meeting the Hearing was continued to this day and hour.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said this business is in a similar neighborhood as Suite Shots and has many of the same investors. He said this business includes a bowling alley, video games and Laser Tag.

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

Application Filed by Jays Smokin’ BBQ LLC d/b/a Jays Smokin’ BBQ for an Alcoholic Beverage License Approved:
A Hearing had been set for June 1, 2021 on the application filed by Jays Smokin’ BBQ LLC d/b/a Jays Smokin’ BBQ for a Class "GH" Alcoholic Beverage License at 1322 Main Avenue, notice of which had been duly published in the official newspaper for the City of Fargo.
At the June 1, 2021 Regular Meeting the Hearing was continued to this day and hour.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said the business is located in the old Mom’s Kitchen building. He said the business shares a kitchen facility with Tailgator’s, which has a full-service bar license that does not require food percentages. With a Class “GH” Alcoholic Beverage License, there is no bar, just table service, he said. If the building were opened up and patrons could move between the two businesses, he said, the building could have one license under the same roof; however, in this case there are two different owners.
Commissioner Piepkorn moved the application be approved.

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

Application Filed by K&K Management LLC d/b/a Fryn’ Pan Family Restaurant for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by K&K Management LLC d/b/a Fryn’ Pan Family Restaurant for a Class "GH" Alcoholic Beverage License at 310 Main Avenue, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said the license is for beer and wine only and food sales must exceed alcohol sales and no bar is allowed. He said when the Fryn’ Pan opens its new facility they are going to have an outdoor patio area and they want to allow their patrons to be able to enjoy a beer or glass of wine. He said the owners of the Fryn’ Pan are not from Fargo; however, the manager has been with the restaurant in Fargo for more than 20 years.
Commissioner Piepkorn moved the application be approved.

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

Application Filed by Soiree’s Sweets d/b/a Soiree Victorian Tea Room for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Soiree’s Sweets d/b/a Soiree Victorian Tea Room for a Class "GH" Alcoholic Beverage License at 3 8th Street South, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said the owner grew up in Russia, immigrated to the United States and taught at NDSU. The owner has been running the business for a while, he said, and wants to add beer and wine to the list of amenities. He said the Class “GH” Alcoholic Beverage License requires food sales exceed alcohol sales and no bar is allowed.

In response to a question from Commissioner Gehrig asking what is the cost of a Class “GH” Alcoholic Beverage License, Mr. Sprague said $700.00.
Commissioner Piepkorn moved the application be approved.

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

Parcels of Land in Craigs Oak Grove Second Addition Rezoned (515 Oak Street North):
At a Hearing held on June 3, 2021 the Fargo Planning Commission recommended approval of a change in zoning from MR-2, Multi-Dwelling Residential to DMU, Downtown Mixed Use with a C-O, Conditional Overlay.
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.
Long Range Planning Coordinator Aaron Nelson said the subject property is vacant, where a number of blighted structures were demolished. He said the applicant intends to construct a three-story multi-dwelling residential building and the DMU Zoning District would accommodate the proposed building. He said the C-O standards include household living only and the density is capped at 35 units per acre, which equates to a maximum of 21 units on this property.

Sheri Fercho, Fargo-Moorhead Heritage Society, said she wants to make sure the development keeps the integrity and character of the historical neighborhood.

In response to a question from Commissioner Preston asking the difference between MR-2 and DMU, Mr. Nelson said DMU does not have a residential density limit; therefore, the C-O would cap at 35 units per acre and parking would be 2.25 units per acre in a DMU District. He said the C-O establishes parking at 1.45 units per unit and the other intent of the C-O is to smooth the transition between the different zoning districts from south to north.

In response to a question from Commissioner Gehrig asking if the developer would be asking the City for incentives with this project, Jessie Craig, Craig Development, said he would not. He said he made a promise to the City and to the neighborhood about the integrity of this development. A lot of time was spent on meetings with the neighborhood, he said, to make sure this is what they wanted or as close as he could get it by adding more bricks and other architectural features. He said he hopes it sets a precedent for the neighborhood.

In response to a question from Commissioner Strand asking if the units are for ownership or rental, Mr. Craig said they would be condominiums for sale.
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.

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.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Craigs Oak Grove 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 Craigs Oak Grove Second Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Action on Text Amendment to Amend Section 20-0402(T)(3) and Repeal Section 20-0403(C)(5)(e) of the Fargo Municipal Code (Land Development Code) Delayed¬: City Attorney’s Office Authorized to Engage the City’s Litigation Counsel to Initiate a Lawsuit Challenging N.D.C.C. Section 62.1-01-03 Including the Amendment Enacted by HB 1248 from the 2021 N.D. Legislative Session:
City Attorney Erik Johnson said HB 1248 was signed into law and takes effect in August and restricts municipalities from enacting a Zoning Ordinance relating to firearms and ammunition that is more restrictive than State law. He said it also voids any such existing Ordinances including existing limitations on firearms and ammunition sales within the current Land Development Code. The proposed Text Amendment is a housekeeping edit, he said, intending to remove what will become defunct language within the LDC. He said Fargo’s current home occupation Ordinance states various home occupations are prohibited, including the sale of firearms and ammunition. He went on to explain other language in the Bill such as Subsection 1 which states, “a political subdivision, including Home Rule cities or counties, may not enact a zoning Ordinance or any other Ordinance relating to the purchase, sale, ownership, possession, transfer of ownership, registration or licensure of firearms and ammunition which is more restrictive than State law” and “a person aggrieved under Subsection 1 may bring a civil action against a political subdivision for damages as a result of an unlawful Ordinance.” He said these are conflicting laws: Fargo “home occupation” zoning law prohibits the business sale of firearms and ammunition in neighborhoods and State law, clarified by HB 1248, declares such zoning Ordinances to be void if it relates to the sale of firearms and ammunition that is more restrictive than State law. He said the 1889 ND Constitution states local control is mandated by the ND Constitution and “the purpose of this article is to provide for maximum local self-government by all political subdivisions within a minimum of duplication of functions.” He said Home Rule is also mandated by the ND Constitution and states “the legislative assembly shall provide by law for establishment and exercise of Home Rule in counties and cities.” Once city voters have approved a Home Rule Charter, he said, the “charter and the Ordinances made pursuant to the Charter in such matters supersede within the territorial limits and other jurisdiction of the city any law of the state in conflict with the Charter and Ordinances and must be liberally construed for such purposes.” The statutes of the State of North Dakota, so far as applicable, shall continue to apply to Home Rule cities, except insofar as superseded by the Charters of such cities or by Ordinance passed pursuant to such Charters.” The State empowers cities to enact zoning laws, he said, and “a city Home Rule Charter may include the power to provide for zoning, planning and subdivision of public or private property within the city limits.” In contrast, he stated, the State does not “zone” property and State law delegates all zoning authority to ND political subdivisions; therefore, there are no State zoning regulations. He said the question now is if the State has no zoning regulations and the State takes away a city’s power to zone, what zoning regulations apply to the retail sale of firearms and ammunition. He said HB 1248 is not a 2nd Amendment concern as Fargo’s home occupation law does not prevent people from owning and possessing guns and ammunition in their homes, it does not prohibit people from selling and buying personal firearms and ammunition from their homes; however, it does prohibit people in the business of selling firearms or ammunition from running the business from their home. The City Commission has two options, he said: to authorize the City Attorney to engage the City’s litigation counsel to initiate a lawsuit or to waive first reading of the City Ordinance repealing the home occupation restrictions continued from the June 14, 2021 City Commission meeting.

Commissioner Gehrig said he takes umbrage with the statement that there are no State zoning laws. HB 1248 is a law telling Fargo what it can and cannot zone as a City; therefore, it is a zoning law and Fargo is in conflict with it and the State is going to win. He said the law was written specifically for Fargo and the City is going to waste thousands of dollars and there are groups already lining up to challenge this. He is not going to argue the merit of selling guns out of homes, he said; however, he is going to argue there is a clear State law targeted directly at Fargo and the City is going to lose. He said he has lost his share of issues; therefore, the Board should just take its lumps, learn from it and move on.

Commissioner Piepkorn said this is clearly not a 2nd Amendment issue; it is the ND Legislature determining zoning for Fargo and about local control. He said the City should be able to determine its zoning, not legislators in Bismarck. He said he looks forward to the clarification and his prediction is the City will be successful.
Commissioner Piepkorn moved the City Attorney’s Office be authorized to engage the City’s litigation counsel to initiate a lawsuit challenging N.D.C.C. Section 62.1-01-03 including the Amendment enacted by HB 1248 from the 2021 ND Legislative session.

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

At 6:21 o’clock p.m. the Board took a 10-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

First Reading of an Ordinance Enacting Article 13-17 of Chapter 13 of the Fargo Municipal Code Relating to Boulevard Gardens:
Kim Lipetzky, Fargo Cass Public Health Nutritionist, said an interim policy allowing boulevard gardens was approved by the Board of City Commissioners last year and in December 2020, she reported findings of the program to the Board and as a result of that meeting, the Board directed the City Attorney’s office to work with FCPH and impacted City departments to draft an Ordinance to allow plantings and turf grass on boulevards. She said the Ordinance simplifies the process for residents to have a boulevard garden. The biggest changes from the interim policy, she said, are no permit is needed for a regular boulevard garden and to raise the maximum plant height from 24 inches to 36 inches. She said raised beds are considered a structure and would require a permit.
Commissioner Preston moved the Ordinance Enacting Article 13-17 of Chapter 13 of the Fargo Municipal Code Relating to Boulevard Gardens be received and filed.

Second by Strand.
Commissioner Strand moved to amend the motion and the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Enacting Article 13-17 of Chapter 13 of the Fargo Municipal Code Relating to Boulevard Gardens be placed on first reading.

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

First Reading 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):
City Attorney Erik Johnson said the Ordinance was initiated by a legal consultant and brought to the Legislature to bring the penalties in line with the penalties for marijuana. He said in Fargo, in general, the fines are below the maximum level anyway.
Commissioner Piepkorn said this sends an awful message about underage drinking. He said the Liquor Control Board has a $500.00 fine for an establishment that serves an underage person and how can that be justified when the Legislature says it is no longer a priority.

In response to a question from Commissioner Gehrig asking what was the maximum penalty before and what is it now, Assistant City Attorney Nancy Morris said it was a $1,500.00 fine, a Class B misdemeanor and 30 days in jail and now it would be a $1,000.00 fine, an infraction and no jail time.

Commissioner Gehrig said it is not normal for a minor to go to jail for a minor consuming and a judge is not going to throw a 20-year-old college student in jail for going to a party; therefore, he is fine with this Ordinance.

Commissioner Strand said he too had similar questions at first such as to what kind of messaging this is; however, alcohol is everywhere in this community and there is hardly anything that does more damage than alcohol, yet it is a sacred cow and no one wants to touch alcohol rights. He said the costs to the world are so immense and he wondered why the Legislature would do this, then he thought about the kids who are being arrested and their future careers are ruined or they cannot get jobs, get into the military or get housing due to this record. He said people need to stop putting the message out that alcohol is awesome and should be celebrated. He said it is not reigned in for adults; however, the State wants to reign it in for the children of adults and he has a problem with the messaging. He said he also has a problem with the City’s lack of willingness to address the immense problems of alcohol. The community talks about opioids, meth and needles; however, the City will not talk about alcohol.

Commissioner Preston said a $1,000.00 fine is a significant penalty and she agrees with Commissioner Strand that Fargo has an alcohol problem; however, she is not sure it will be cleaned up by putting children in jail.

Mayor Mahoney said the community needs to look at drugs and alcohol and see what can be done. He said Fargo has the highest amount of addictive deaths than ever before and there are issues with alcohol in the community. He said perhaps the Mayor’s Blue Ribbon Commission needs to come back and look again at addiction and the issues with drugs and alcohol.
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 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 Gehrig. On call of the roll Commissioners Preston, Strand, Gehrig and Mahoney voted aye.
Commissioner Piepkorn voted nay.
The motion was declared carried.

Second Reading and Final Adoption of Ordinances Relating to Public Safety, Morals and Welfare (Hate Crimes):
Commissioner Preston moved that An Ordinance Enacting Sections 10-0321.1 of Article 10-03 of Chapter 10 of the Fargo Municipal Code Relating to Public Safety, Morals and Welfare (Harassment/Hate Crime); An Ordinance Enacting Section 10-0322.1 of Article 10-03 of Chapter 10 of the Fargo Municipal Code Relating to Public Safety, Morals and Welfare (Criminal Mischief/Hate Crime); and An Ordinance Enacting Section 10-0323.1 of Article 10-03 of Chapter 10 of the Fargo Municipal Code Relating to Public Safety, Morals and Welfare (Simple Assault/Hate Crime) which were placed on first reading June 14, 2021 be now placed on second reading and a vote taken on the question of its final passage and adoption.

Second by Strand. On call of the roll Commissioners Preston, Strand and Mahoney voted aye.
Commissioners Gehrig and Piepkorn voted nay.
The motion was declared carried.
There was unanimous consent to waive reading of the Ordinance in its entirety and no one was present to request that the Ordinance be read.
On the vote being taken on the question of the final passage and adoption of the Ordinances Commissioners Preston, Strand and Mahoney voted aye.
Commissioners Gehrig and Piepkorn voted nay.
The Ordinances were duly passed and adopted.

Commissioner Gehrig moved that an amendment be added to the Ordinances to include political affiliations.

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

Commissioner Gehrig said around the country there are attacks on people based on what they believe politically and if Fargo is going to have Hate Crime Ordinances, political affiliation should be added.

Assistant City Attorney Nancy Morris said there are some jurisdictions that do have political affiliation as a hate crime; however, it is not a protected class in North Dakota.

Commissioner Preston said she suggests the Board move forward with what it has now and have Ms. Morris do additional research and come back at a later date with an amendment.

Police Department Directed to Create a Study Group to Further Discuss the City of Fargo Wildlife Management Program to Recommend Potential Program Options and Oversight:
Police Chief David Zibolksi said a public meeting regarding the proposed elimination of the Wildlife Management Program was held June 24th. He said 18 people attended the meeting, which started with a short presentation about the Police Department’s concerns about the program, which focused on public safety and the use of police resources and the fact that the oversight of zones were outside City limits. He said the meeting was opened to those who registered to speak and 9 people spoke in favor of continuing the program in some form and 1 attendee spoke in opposition. Additionally, he said, he received 27 emails between June 1st and June 22nd that provided additional input about the program and of those emails, 23 were in support and 4 were opposed. He said those who spoke or wrote in support of the program brought up a variety of points; however, the recurring themes were urban hunting helps keep the deer population under control and prevent disease, controlling the deer population helps prevent property damage, the current rules make the program safe, the public is generally in favor of the program, especially those who live in the affected areas, sharpshooters would be more dangerous or would cost the City more money and other communities (some larger than Fargo) have similar programs. He said those who spoke against the program focused on how bow hunting was inhumane, lost arrows present a risk to the public, not being comfortable in the public areas of the hunting zones during the season, the liability was too high, public safety was at risk and the program was not effective. He said there was some input for improving the program, including giving more tags to hunters who have a track record of harvesting deer, give a buck tag to hunters who are able to harvest a doe first, remove high-traffic zones from the program, have volunteers, a local hunting club, Fargo Parks or ND Game and Fish take over the program, allow baiting to increase harvest rates, add more zones, have a longer registration period to allow more hunters, partner with an archery club to improve proficiency of hunters and use lighted nocks on arrows to improve recovery of missed shots.
Commissioner Piepkorn moved the Police Department be directed to create a study group to further discuss the Wildlife Management Program to recommend potential program options and oversight.

Second by Preston.

Commissioner Gehrig moved to amend the motion to keep the program in place “as is” until the study group report is completed.
Second by Strand.

Commissioner Gehrig said he attended the meeting and there were many voices in support of the program. He said the one issue brought up by Police was the safety issue. He said since the program began the only safety issues the Police could come up with was one arrow found on the ground outside of someone’s home. That is not a safety concern, he said. Arrows must be marked with the hunter’s name, he said, and a person has to go through a license structure and training or proof the person can shoot a bow and arrow, arrows have to be collected, it has to be reported how many shots were taken and how many missed. There are zero safety issues, he stated, no property has been damaged, no one has been hurt and it has been highly successful. He said Fargo has a higher success rate than North Dakota has with rifle hunting. The program manages the deer population and the concern about more people than in 2006 is wrong, he said, in fact the City has fewer homes due to buyouts along the river for the Diversion. He said while the population of Fargo has grown, the population in those areas has shrunk dramatically. He said there can be improvements; however, to get rid of the program due to the fact that some people do not like hunting is not fair.

Mr. Johnson said regardless of the two options, the program does not just happen automatically and in order for the program to go forward, it requires an annual Resolution by the Chief, which identifies the hunting areas and other restrictions.

Chief Zibolski said Commissioner Gehrig’s motion would be defeating the purpose of the study group. He said there is sufficient time with the September 7th meeting deadline to ensure the program either goes as is or goes as determined by the study group.

Commissioner Gehrig said the point of his motion is to keep the program in place the way it has always been until the study group happens. He said if things do not change before the deadline, he does not want the season to be changed, altered or cancelled due to the fact that the City is in limbo mode and deciding what to do.

Mr. Johnson said he thinks what Commissioner Gehrig was reacting to was “suspend the program” mentioned by Chief Zibolski. He said Commissioner Gehrig wants the public to know the program is still going on and will come back with the study group recommendations on September 7th.

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

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

Allocation to the FM Area Foundation Approved:
Planning Director Nicole Crutchfield said since 1987, the City Commission has budgeted approximately $300,000.00 annually to support non-profit and community development work related to social service needs in Fargo. Up until 2020, she said, the Planning Department solicited grant programs for those funds in combination with HUD Community Development Block Grant/HOME Programs. However, for the 2020 funding cycle, the City paused its Social Services grant program to focus on housing and distribution of the HUD CDBG/HOME funds. She said during the pandemic, Planning worked with the FM Area Foundation to align COVID-19 relief funds in order to avoid duplicity and staff discovered that the FM Area Foundation is able to be a regranting agency on behalf of the City’s Social Service Funds; therefore, it is her recommendation to allocate $100,000.00 of the already budgeted Social Service Funds to the FM Area Foundation as part of a pilot test to distribute to non-profits as part of the 2021 annual grant cycle. She said by coordinating with the FM Area Foundation, it simplifies the application and granting process for non-profits and removes City staff from administrating funds and the funds will be working in collaboration with funds from other sources. She said by collaborating with the FM Area Foundation, dozens of staff hours would be saved while still supporting the same community organizations that have been funded by the City’s Social Service Funds. She said the FM Area Foundation is a renowned, trusted local grantor with existing relationships with all of the same organizations from which the City regularly receives funding requests.

Commissioner Gehrig said the Social Services fund is property taxes. He said the City should not have this fund, it is taking money from the taxpayers, who are not consenting and who expect those dollars to go to fix streets or put in a stoplight; however, the City is taking money from the taxpayers and giving it to charity and calling it charity, which it is not. He said if he wants to give money to a charity, he will and does not need the government taking money from him, rolling it through the system and giving it to someone else.

In response to a question from Commissioner Preston asking if the FM Area Foundation will target these dollars to Fargo-based organizations and if there is an administrative fee, Ms. Crutchfield said the majority of the dollars will go to Fargo-based organizations and the FM Area Foundation is not charging an administrative fee.
Commissioner Strand moved the allocation of $100,000.00 from the 2021 Social Service Fund to the FM Area Foundation be approved, as presented.

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

Construction Update:
City Engineer Brenda Derrig said there have been no safety incidents this year and completed projects so far include a Citywide asphalt crack fill project and Valley View Estates. Ongoing projects in new developments, she said, include: 64th Avenue South overpass; 38th Street South; Southwest Metro Regional Pond; Laverne’s Addition; Eagle Valley 4th Addition; Golden Valley 4th Addition; 44th Avenue North; 40th Avenue to 46th Avenue North; Madelyn’s Meadows 4th Addition; and an asphalt wear course project throughout the City. Rehab and reconditioning projects, she said, include: 7th Avenue North; 11th Street North; North University Drive; a Citywide sidewalk project; asphalt mill and overlay project on Elm Street; pavement marking in multiple locations; street light and traffic signal rehab work in multiple locations; widening and turn lanes added on 40th Avenue North; and various asphalt seal coat projects. Flood risk management projects continue, she said, and current projects include: levee and structure construction on the North Side; clearing and grubbing in Royal Oaks; and various projects in Oak Grove, Elm Circle and Riverwood. She said projects that will start in the next few weeks include: 21st Avenue South from Gold Drive to 15th Street, depending on availability of PVC pipe; the EOLA development on 24th Avenue South; Golden Valley 5th Addition; a concrete rehab project on 13th Avenue South from 28th to 22nd Street; and new street lighting on Broadway to Elm and 27th to 32nd Avenue North.

Reappointments to the Native American Commission:
The Board received a communication from Mayor Mahoney recommending that Whitney Fear, Sonya Donahue and Sharon White Bear be reappointed to the Native American Commission.
Commissioner Preston moved Whitney Fear, Sonya Donahue and Sharon White Bear be reappointed to the Native American Commission for three-year terms ending June 30, 2024.

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.

Reappointments to the Board of Adjustment:
The Board received a communication from Mayor Mahoney recommending that Deborah Wendel Daub and Michael Love be reappointed to the Board of Adjustment.

Commissioner Preston moved Deborah Wendel Daub and Michael Love be reappointed to the Board of Adjustment for three-year terms ending June 30, 2024.
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.

Reappointments to the Board of Appeals:
The Board received a communication from Mayor Mahoney recommending that Brian Berg be reappointed as a regular member and Clay Dietrich be reappointed as an alternate member to the Board of Adjustment.
Commissioner Preston moved Brian Berg be reappointed as a regular member and Clay Dietrich be reappointed as an alternate member to the Board of Adjustment for five-year terms ending June 30, 2026.

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.

Reappointments to the Arts and Culture Commission:
The Board received a communication from Mayor Mahoney recommending that Jon Offutt, Joe Williams and Denise Kolpack be reappointed to the Arts and Culture Commission.
Commissioner Preston moved Jon Offutt, Joe Williams and Denise Kolpack be reappointed to the Arts and Culture Commission for three-year terms ending June 1, 2024.

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.

Reappointments to the Human Relations Commission:
The Board received a communication from Mayor Mahoney recommending that Cheryl Schaefle, Matuor Alier and Hamida Dakane be reappointed to the Human Relations Commission.
Commissioner Preston moved Cheryl Schaefle, Matuor Alier and Hamida Dakane be reappointed to the Human Relations Commission for three-year terms ending July 1, 2024.

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.

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, July 12, 2021.

Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:02 o’clock p.m.