Board of City Commissioners - November 1, 2021

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 5:00 o'clock p.m., Monday, November 1, 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: The Health Department will offer flu shots November 2nd on a walk-in basis; the Library has added Creativebug, an online resource featuring arts and crafts tutorials; the Library, along with the Indigenous Association and the F/M Missing and Murdered Indigenous People Task Force, is hosting a panel discussion about efforts to combat the missing and murdered indigenous people epidemic on November 3rd; the Police Department will participate in the Golden Drive Homeless Kids Sock Drive and accept donations of new youth socks through December 3rd; Downtown parking ramps and garages were very busy on the weekends this summer and fall, and parking is free on weekends in the Block 9, Civic Center, Roberts Commons and Mercantile parking ramps; and videos were shown highlighting the new EV charging station in the City Hall west parking lot and the Pavement Condition Survey.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved, moving Item No. “10” from the Consent Agenda to the Regular Agenda.
Second by Strand. 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 October 18, 2021 be approved as read.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.

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

1. 1st reading of the following Ordinances:
a. Enacting Article 24-05 of Chapter 24 of the Fargo Municipal Code Relating to Franchises and Contracts.
b. Electric Franchise Ordinance (amended) City of Fargo, Cass County, North Dakota.

2. 2nd reading and final adoption of an Ordinance Amending Sections 25-1506, 25-1507 and 25-1508 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages; 1st reading on 10/18/21.
3. Resolution Ratifying Mayoral Signature on Permanent Easements (Storm Sewer) with 76th Street Holdings, LLC and Ryland Development Corporation (Attachment “A”).

4. Site Authorizations for Games of Chance:
a. Metro Sports Foundation at Twin Peaks.
b. American Gold Gymnastics, Inc. at Drumconrath Brewing Company.

5. Applications for Games of Chance:
a. Sts. Anne and Joachim Catholic Church for bingo on 11/14/21.
b. Knights of Columbus for a raffle on 2/13/22.
c. Muskies Inc. FM Chapter for a raffle on 2/10/22.
d. Alpha Tau Omega for a raffle on 11/4/21.

6. Concur with the findings of staff and the Liquor Control Board and apply the Penalty Matrix ($500 fine, first failure) to the following:
a. Cowboy Jacks.
b. Fargo Billiards and Gastropub.
c. Fargo Brewing Company.
d. Fort Noks.
e. Granite City Food and Brewery.
f. Hi-Ho Burgers and Brew.
g. No Bull Country Club.
h. Olive Garden.

7. Concur with the findings of staff and the Liquor Control Board and apply the Penalty Matrix ($750 fine, second failure) to Brew Bird.

8. Change Order No. 4 for an increase of $3,245.00 and time extension to 10/22/21 for Project No. FM-19-A3.

9. Amendment (Second) to the Right of Way Agreement with Great Plains 1001 Holdings, LLC and Bakken Contracting, LLC a/k/a BC Contracting.

10. Bid awards for replacement of rooftop ACU units, press box windows and stadia joint calking at the Newman Outdoor Stadium (AFB21136) (moved to the Regular Agenda).

11. Sole Source Procurement with AstroTurf Corporation in the approximate amount of $913,209.00 for the replacement of the synthetic turf surface at the FARGODOME (SSP21192).

12. State Water Commission request for cost reimbursement for the FM Metropolitan Area Flood Risk Management Project totaling $2,268,176.69.

13. Sixth Amendment to the Third Amended and Reconstituted Joint Powers Agreement (Joint Dispatch Center).

14. Addendum to Provision of Nursing Services for the Northern Cass Public School District.

15. Addendum to Provision of Nursing Services for the Mapleton Public School District.

16. Financial Award from the ND Department of Commerce/DCS for the Gladys Ray Shelter (CFDA #14.231).

17. Amendment to the Notice of Grant Award from the ND Department of Health for COVID-19 funding for local public health units.

18. Amendment to the Agreement of Services with Annie Wood.

19. Agreement for Services with Jenna Eckstein.

20. Agreement for Services with Amy Nash.

21. Amendment to Grant Agreement with the ND Department of Human Services for Care Coordination services.

22. Resolution Approving Plat of Prairie Farms Commercial Third Addition (Attachment “B”).

23. Levee Development Agreement with Craig Enclave OG, LLC.

24. Advance funding for the completion of the Fargo Smart Energy Ramp Project.

25. Bid award to RDO Equipment in the amount of $289,100.00 for one motorgrader and wing (RFP21171).

26. Bid award to RDO Equipment in the amount of $224,600.00 for one motorgrader and wing (RFP21172).

27. Bid award to RDO Equipment in the amount of $159,250.00 for one articulated wheel loader (RFP21173).

28. Contract Renewal to Tire Purchase and Service to Goodyear Tire and Rubber Company (RFP19151).

29. Termination of Water Tower Lease Agreement with Verizon Wireless LLC for Water Tower No. 3 at 1430 10th Street North.

30. Sole Source Procurement with Vessco, Inc. for cumulative 2021 purchases of maintenance parts and chemical pumps for the Water Treatment Plant (SSP21185).

31. Contract and bond for Project No. PR-21-E1.

32. Bills in the amount of $13,879,433.14.

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

Change Order No. 2 for Improvement District No. AN-20-E1 Approved:
Commissioner Strand moved Change Order No. 2 for an increase of $4,423.40 for Improvement District No. AN-20-E1 be approved.
Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn, Gehrig, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Change Order No. 1 and Time Extension for Improvement District No. BN-21-K1 Approved:
Commissioner Strand moved Change Order No. 1 for an increase of $12,601.78 and a time extension to October 25, 2021 for Improvement District
No. BN-21-K1 be approved.
Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn, Gehrig, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Change Order No. 3 for Improvement District No. UN-21-A1 Approved:
Commissioner Strand moved Change Order No. 3 for an increase of $1,256.44 for Improvement District No. UN-21-A1 be approved.
Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn, Gehrig, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Final Balancing Change Order No. 1 for Improvement District No. BR-20-A1 Approved:
Commissioner Strand moved Final Balancing Change Order No. 1 for an increase of $22,701.55 for Improvement District No. BR-20-A1 be approved.
Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn, Gehrig, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Agreement for Professional Services to KLJ, Inc. Approved (Improvement District No. QN-23-A0):
The Board received a Report of Action from the Consultant Selection Committee stating proposals were received for Consulting Engineering Services for Improvement District No. QN-23-A0 - 2nd Street Pedestrian Bridge Near City Hall. They said the recommendation is to award the contract for consulting engineering services to KLJ, Inc. as the preferred consultant for the project, with the contract in the amount of $479,500.00.
Commissioner Strand moved the Agreement for Professional Services for Improvement District No. QN-23-A0 to KLJ Engineering, LLC be approved.

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

Memorandum of Offer to Landowner for Permanent Easement (Street and Utility) with the Park District of the City of Fargo (Improvement District No. BR-22-A0):
The Board received a communication from Land Acquisition Specialist Shawn Bullinger requesting authorization to proceed with a Memorandum of Offer to Landowner for a Permanent Easement (Street and Utility) with the Park District of the City of Fargo in association with Improvement District No. BR-22-A0. He said a final purchase price has been reached and authorization from the Board is requested to proceed with the purchase.
Commissioner Strand moved the Memorandum of Offer to Landowner for a Permanent Easement (Street and Utility) with the Park District of the City of Fargo in association with Improvement District BR-22-A0 be approved.

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

New Paving and Utility Construction Improvement District No. BN-22-A (Various Locations in South Fargo):
Commissioner Strand moved the following action be taken in connection with New Paving and Utility Construction Improvement District No. BN-22-A:

Adopt Resolution Creating Improvement District No. BN-22-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BN-22-A in the City of Fargo, North Dakota, be created

On 43rd Street South between 64th Avenue South and 900’ South of 64th Avenue South.
On 45th Street South between 52nd Avenue South and 64th Avenue South.
On 54th Avenue South between 44th Street South and 45th Street South.
On 56th Avenue South between 44th Street South and 45th Street South.
On 64th Avenue South between 38th Street South and 45th Street South.

COMPRISING:
Lot 1, Inclusive, Block 1.
Lot 1, Inclusive, Block 2.
Lots 1 through 20, Inclusive, Block 5.
Lots 1 through 12, Inclusive, Block 6.
Lot 1, Inclusive, Block 7.
Lot 1, Inclusive, Block 8.
Lots 1 through 8, Inclusive, Block 9.
Lots 1 through 50, Inclusive, Block 10.
Lots 1 through 15, Inclusive, Block 11.
Lots 2 through 19, Inclusive, Block 12.
Lots 1 through 8, Inclusive, Block 13.
Lots 1 through 8, Inclusive, Block 14.
All platted within The Pines at the District Addition.

Lot 1, Inclusive, Block 1.
All platted within The Pines at the District Second Addition.

Lots 1 through 2, Inclusive, Block 1.
All platted within Western State Bank Addition.

Lot 1, Inclusive, Block 1.
Lot 1, Inclusive, Block 4.
All platted within Sanford Addition.

Lot 1, Inclusive, Block 1.
All platted within Covey Ranch First Addition.

The unplatted land in the Western Half Section of Section 3, T138N, R49W bounded by the westerly said half section line, the westerly and southerly bounds of the Sanford Addition, the southerly and westerly bounds of Maplewood Estates Addition and the southerly bounds of The Pines at the District Addition.

All of the foregoing is located in the Annexed or ET area City of Fargo, Cass County, North Dakota.

All of the unplatted land in the Eastern Half Section of Section 4, T138N, R49W lying west of 45th Street South, south of 52nd Avenue South, and north of 64th Avenue South, all of the unplatted land in the SW Quarter of Section 3, T138N, R49W, all of the unplatted land in the NW Quarter of Section 10, T138N, R49W, and the western 635 linear feet of the unplatted land in the NE Quarter of Section 10, T138N, R49W lying west of Interstate 29, east of Veterans Boulevard, south of 52nd Avenue South, and north of 76th Avenue South.

All of the foregoing is located in the Annexed or ET area of the City of Fargo, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That New Paving and Utility Construction Improvement District No. BN-22-A in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost from the City Engineer for Improvement District No. BN-22-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-22-A in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $15,667,824.30.)

Order Plans and Specifications for Improvement District No. BN-22-A:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BN-22-A in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-22-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-22-A in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. BN-22-A in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring New Paving and Utility Construction Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct New Paving and Utility Construction Improvement District No. BN-22-A in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said New Paving and Utility Construction improvement is to be paid from State and Local Funds, and approximately 83% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed New Paving and Utility Construction must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

Direct City Auditor's Office to Call for Bids for Improvement District No. BN-22-A:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BN-22-A in the City of Fargo, North Dakota.

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

Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-B (Various Locations in North Fargo):
Commissioner Strand moved the following action be taken in connection with Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-B:

Adopt Resolution Creating Improvement District No. BR-22-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BR-22-B in the City of Fargo, North Dakota, be created

On 7th Avenue North from 1/2 Block east of 2nd Street to Elm Street.
On Oak Street North from the BNSF Rail Road Tracks to 8th Avenue North.

COMPRISING:
Lots 8 through 14, Inclusive, Block 3.
Lots 6 through 10, Inclusive, Block 4.
Lots 1 through 10, Inclusive, Block 5.
Lots 1 through 14, Inclusive, Block 6.
All in Truesdell’s Addition.

Lots 1 through 24, Inclusive, Block 1.
Lots 1 through 24, Inclusive, Block 2.
Lots 1 through 24, Inclusive, Block 3.
Lots 1 through 24, Inclusive, Block 4.
All in Lindsay Addition.

Lot 2, Inclusive, Block 1.
All in Mickelson Field Addition.

Lots 4 through 11, Inclusive, Block 29.
Lots 4 through 7, Inclusive, Block 30.
Lots 2 through 6, Inclusive, Block 39.
Lots 1 through 10, Inclusive, Block 40.
Lots 1 through 10, Including the Subdivision of Lots 2 & 3, inclusive, Block 41.
Block 27.
All in Keeney & Devitt’s 2nd Addition.
Lots 19 through 25, Inclusive, Block 30 in Keeney & Devitt’s 2nd Addition.
Lots 2 through 5 and 15 through 35, Inclusive, Blocks 25 and 26 in Keeney & Devitt’s 2nd Addition.
All in Keeney’s Subdivision.

Lot 1, Inclusive, Block 1.
All in Pladson Subdivision a replat of Lots 13-27 in Dicky’s Subdivision.

Lots 1 and 2, Inclusive, Block 1.
All in Craigs Oak Grove Addition.

Lots 1 through 49, Inclusive, Block 1.
Lots 1 through 37, Inclusive, Block 2.
Lots 1 through 8, Inclusive, Block 3.
Lots 16 through 43, Inclusive, Block 4.
Lots 1 through 25, Inclusive, Block 5.
Lots 1 through 41, Inclusive, Block 6.
Lots 1 through 35, Inclusive, Block 7.
Blocks A through H.
All in Oak Grove Addition.

All of the unplatted, vacated and railroad land that is bounded on the north by 10th Avenue North, bounded on the west by 2nd Street North, bounded on the south and east by the Red River of the North.

All of the foregoing located in the City of Fargo, Cass County, North Dakota.

NOW, THEREFORE, BE IT RESOLVED, That Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-B in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. BR-22-B:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BR-22-B in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $2,850,474.06.)

Order Plans and Specifications for Improvement District No. BR-22-B:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BR-22-B in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BR-22-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BR-22-B in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. BR-22-B in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Paving and Utility Rehab/Reconstruction Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-B in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said Paving and Utility Rehab/Reconstruction improvement is to be paid from State and Local Funds, and approximately 30% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Paving and Utility Rehab/Reconstruction must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

Direct City Auditor's Office to Call for Bids for Improvement District No. BR-22-B:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BR-22-B in the City of Fargo, North Dakota.

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

Resident Comments:
There were no resident comments.

Bid Award for Replacement of Rooftop ACU Units, Press Box Windows and Stadia Joint Caulking at the Newman Outdoor Stadium Approved (AFB21136) (Moved from the Consent Agenda):
Commissioner Preston said she asked this item be moved to the Regular Agenda due to the communication indicated a financing plan for the baseball stadium would be included and she did not see it.
FARGODOME General Manager Rob Sobolik said the intent was to ask the Finance Committee to approve the bids and send a financing option to the City Commission for approval. He said the Finance Committee approved the bids and designated both the Capital Building Fund 402 for funds approved in the 2022 budget, and the funding approved for Newman Outdoor Stadium for capital improvements in the 2020-2021 approved budgets. It is important to maintain the 25-30 year old facility, he said, the roof has been replaced and this replaces rooftop HVAC units, press box windows and the caulking for expansion and concrete joints to seal from moisture.

Commissioner Piepkorn moved to approve the bids of Roers Construction (General Contractor) in the amount of $290,009.00; Northern Plains Mechanical (Mechanical Contractor) in the amount of $353,838.00; and Superior Electric (Electrical Contractor) in the amount of $27,625.00 for replacement of rooftop ACU units, press box windows and stadia joint caulking at the Newman Outdoor Stadium.

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.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Wesley and Stacey Griggs, 2440 East Country Club Drive South (5 year).
b. James Kappenman and Daryl Bates, 2518 East Country Club Drive South (5 year).
c. Aimee Rastedt, 2580 Pacific Drive South (5 year).
Commissioner Strand moved the applications be approved.

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

Hari Panjini Appointed to the Growth Initiative Fund:
The Board received a communication from Mayor Mahoney recommending that Hari Panjini be appointed to the Growth Initiative Fund Board of Directors to replace Josh Teigen who has moved out of the area and is no longer eligible to serve.
Commissioner Piepkorn moved Hari Panjini be appointed to the Growth Initiative Fund for a term ending December 31, 2024.

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

Bekki Majerus Appointed Director of Facilities Management:
City Administrator Bruce Grubb said the City advertised and received 27 applications for the position of Director of Facilities. A Selection Committee of seven members reviewed and ranked each application, he said, with five candidates chosen for interviews. The interviews were conducted on October 13, 2021, he said, and each candidate was scored independently by each committee member. Based on the results of applicant rankings and interview scoring, he said, the committee recommends the appointment of Bekki Majerus to the position of Director of Facilities Management. He introduced Bekki Majerus to the Board.

Commissioner Piepkorn moved the appointment of Bekki Majerus as the Director of Facilities Management be approved.

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.

Application to Transfer the Alcoholic Beverage License from Dakota Liquors d/b/a Main Ave Liquors to Long Haul Saloon, LLP d/b/a Main Ave Liquors Approved:
A Hearing had been set for September 20, 2021 on an application to transfer the Class "B" Alcoholic Beverage License from Dakota Liquors d/b/a Main Ave, Liquors to Long Haul Saloon, LLP d/b/a Main Ave Liquors at 3838 Main Avenue, notice of which had been duly published in the official newspaper for the City of Fargo.
At the September 20, 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 purchaser, Arch Simonson of Simonson Station Stores, has a vacant building next to his gas station and would like to locate the off-sale at the facility.
Commissioner Piepkorn moved the application be approved.

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.

Application to Transfer the Alcoholic Beverage License from The Bowler, Inc. d/b/a The Bowler Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "A" Alcoholic Beverage License from The Bowler, Inc. d/b/a The Bowler at 2630 South University Drive due to an 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 passed away and the transfer keeps it in the family. There were some issues in the manager’s background check, he said.

Commissioner Piepkorn said some of the background issues were misdemeanors from 20 years ago that seem to be indiscretions from when he was a young person.

In response to a question from Mayor Mahoney asking if management is reviewed when a liquor license is transferred, Mr. Sprague said background checks are done on the ownership group and the managers. Going forward, he said, there are plans to make changes to the renewal process including annual background checks of owners, decision makers and management groups. He said these proposals would be brought to the Liquor Control Board and City Commission, perhaps in a brown bag setting, to work through and implement the changes.

In response to a question from Commissioner Preston asking for a differentiation between the background of this manager and an owner who recently was not recommended, Police Chief David Zibolski said the Police Department looks at whether an incident has any bearing on their ability to manage the facility and to work cooperatively with City government. He said in this transfer the violations were eight years ago and involved a conflict with another individual inside a bar when the applicant was not working as a bartender.

In response to a question from Commissioner Strand asking about rules for background checks from one situation to the next and how thresholds are determined, Chief Zibolski said existing Ordinances oversee the background information. He said as part of the background check they delve into the information, interview applicants and then explain details to the Liquor Control Board for its approval or denial. He said there is a good process; however, proposed changes could provide greater oversite to the process.

Commissioner Piepkorn moved the application be approved.

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

Application to Transfer the Alcoholic Beverage License from International African Restaurant and Nightclub, LLC d/b/a International African Restaurant and Nightclub to 518 Properties LLC d/b/a 518 Properties Approved with Conditions:
A Hearing had been set for this day and hour on an application to transfer the Class "A" Alcoholic Beverage License from International African Restaurant and Nightclub, LLC d/b/a International African Restaurant and Nightclub to 518 Properties LLC d/b/a 518 Properties to be located at 4554 7th Avenue 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 this is the transfer for which the Board set a 30-day timeline, and now a sales agreement has been received and the normal process of a background check and review by the Liquor Control Board has been done. There is only information for the ownership group at this time, he said, and a manager or operating concept has not been identified. The Liquor Control Board requested that once a manager is named, a background check completed and an operating concept determined, that it be brought back to the Liquor Control Board, he said. The Liquor Control Board recommendation is for conditional approval on the condition the full time manager and business concept are presented to the Liquor Control Board before the license is issued.

Commissioner Piepkorn said he would like to see the concept remain the same and with good ownership and management, this is a good addition to the community. He said it is important to know the manager and that it be a proven person, which is critical to its safety and success.

Commissioner Piepkorn moved the application be approved.
Second by Preston.
Commissioner Preston moved to amend the motion to include conditions that the applicant return with a full time manager being named and the full concept be submitted and approved before a license is issued.
Second by Piepkorn.

Commissioner Gehrig said the City Commission has not previously approved a liquor license without a management group or concept in place and he does not feel it should be voted on at this time. He said they are working to get things in order; however, the Board is not following its own procedures. He said he will not vote to approve a liquor license, due to this holding a license in place for one person. He said it is possible they come back with a manager who does not pass or a concept that does not fit within the boundary and this could be expanded from the month they were given.

In response to a question from Mayor Mahoney asking whether this is in reaction to the previous motion by the Board that allowed the owners 30 days for the sale of the license, City Attorney Erik Johnson said the underlying assumption is that they have met the timeline set by the City Commission by obtaining the purchase agreement within 30 days.

Commissioner Gehrig moved to continue the Hearing to 5:15 p.m. o’clock p.m. on November 15, 2021 and if at that time management is not in place, the transfer will not be supported.
Second by Preston.

In response to a question from Mayor Mahoney asking if the ownership transfer is jeopardized if the license transfer is not approved tonight, Dan Hicks, 518 Properties, said the sales contingencies are based on the City approval. He said meetings are scheduled this week to finalize the management and the plan is to keep the current concept. He said they would not want to purchase a liquor license that then gets revoked and returned to the City. It comes down to what could happen if the current license holder does not get paid, he said. While he does not see a problem with it being extended, he said, he does not want 518 Properties to lose the opportunity to get information to the Board in a timely manner.

Commissioner Preston said she does not see a difference between continuing it and following the recommendation of the Liquor Control Board that the manager and concept be shown before the license is issued. She said either way, they cannot sell or open until the Board has seen it.

Commissioner Piepkorn said his concern is that until the sale of the license is approved, the past owners are at risk of losing their money.

Commissioner Strand said the past owners were at risk, especially when their license was not awarded for a similar reason. He said if there were concerns about the original owners the Board would not have denied them an opportunity.

Commissioner Piepkorn said there is a huge difference and that is not a good comparison. The past ownership had handguns in the establishment, he said, and this applicant is not similar at all.

Chief Zibolski said in the negative incident with a previous owner, Corey Schultz was found guilty. He said with the current application the incident had no conduct similar and was rightfully dismissed.

In clarification to a question from Commissioner Strand regarding the history of the building and ownership, Mr. Sprague said the building has had several owners and the 518 Group would have contracted and arranged for the previous license holders to operate out of that building; however, the building owners want to take over the ownership of that license.

On call of the roll on the motion to continue the Hearing, Commissioners Gehrig and Preston voted aye.
Commissioners Strand, Piepkorn and Mahoney voted nay.
The motion was declared lost for the lack of majority.

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

Hearing on Zoning Change for Meadow View Addition Continued to November 15, 2021 (1402-1495 66th Avenue South, 1406-1494 67th Avenue South; 1450-1497 68th Avenue South, 1402-1498 69th Avenue South; 6600-6985 14th Street South):
A Hearing had been set for this day and hour on zoning change for Meadow View Addition; however, staff is recommending that the Hearing be continued to Monday, November 15, 2021
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on Monday, November 15, 2021.

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.

Parcels of Land in Reeves Addition Rezoned (4 and 5 14th Street North, 9 and 19 14 1/2 Street North and 1418 1st Avenue North):
At a Hearing held on October 5, 2021 the Fargo Planning Commission recommended approval of a change in zoning from LI, Limited Industrial 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.

Current Planning Coordinator Donald Kress said a building on the site is currently under demolition. He said there is adjacent DMU, Downtown Mixed Use zoning; however, it is not all being redeveloped. There are some additional properties that the property owners did sign on to the zone change, he said, in order to create a continuous piece of DMU zoning. The C-O Conditional Overlay mitigates or adjusts the layout of the building, he said.

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, Strand, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

First Reading of an Ordinance Rezoning a Certain Parcels of Land Lying in Reeves 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 Reeves 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, Strand, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Parcels of Land in Oak Manor Second Addition Rezoned (2302, 2304, 2306, 2308, 2310, 2312, 2314, 2415 and 1318 15th Street South; 1408 Oak Manor Avenue South; and 1401 and 1405 25th Avenue South):
At a Hearing held on October 5, 2021 the Fargo Planning Commission recommended approval of a change in zoning from LC, Limited Commercial to MR-1, Multi-Dwelling Residential and MR-3, Multi-Dwelling Residential on portions of Lot 1, Block 1, Oak Manor Second Addition.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said these properties are west of the Kmart site and consist of condominiums and apartment rental units built in the 1970s and zoned under a 1965 Ordinance, which was commercial at the time; however, there is no commercial element to these properties. This is a staff initiated rezone to make zoning match what is actually developed on the property, he stated.

Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

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

First Reading of an Ordinance Rezoning a Certain Parcel of Land Lying in Oak Manor 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 a Certain Parcel of Land Lying in Oak Manor 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, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

COVID-19 Update:
Fargo Cass Public Health (FCPH) Director Desi Fleming said cases appear to be still plateauing across the State with more than 3,100 active cases. She said Cass County has 716 active cases and 25 new cases over the weekend; however, weekend numbers are typically less due to lower testing volume. October was the fourth highest month for deaths with 136 in the State, she said and Cass County totals now for COVID-19 deaths are 246 individuals. Both deaths and hospitalizations remain high, she said, with 170 hospitalized Statewide. Cass County remains in the high transmission category per the CDC, she said, and the only decrease was testing, which is down about 3 percent. The emergency authorization for the Pfizer vaccine for 5 to 11 year olds is expected soon, she said, and once there is direction on that FCPH will move forward. She said children do not do as well in mass settings, so that will be handled in the clinic with individual appointments. Vaccine offerings continue in the community, she said, with vaccination rates going up slightly and booster demand remains high.

In response to a question from Commissioner Strand asking about the mandate for federal employees and contractors to be vaccinated and whether that is enforced, Ms. Fleming said some are waiting for an OSHA rule and other qualifiers. She said agencies that are Medicare and Medicaid certified require mandatory vaccines and many businesses are going ahead with mandates knowing it is coming. She said FCPH has an option that if staff chooses not to be vaccinated they must rapid test twice weekly and report. The vaccines are not 100 percent, she said; however, it is a remarkably good vaccine. The safety part of the vaccine was proven right away and there is confidence in that, she said, the part still being worked on is what is the best interval for optimal coverage. Breakthrough cases are happening particularly with the Delta variant, she said.

Request from the Fargo Moorhead West Fargo Chamber of Commerce Regarding a Potential Building Development Opportunity for a Business Resource Hub: Appropriate Staff Directed to Research the Possibility of a Long-Term Lease Agreement with the Fargo Moorhead West Fargo Chamber of Commerce for City Owned Land at 2001 44th Avenue South:
The Board received a communication from Mayor Mahoney regarding a letter he received from the Fargo Moorhead West Fargo Chamber of Commerce (Chamber) requesting consideration of a long-term land lease at 2001 44th Street South. He said the property is owned by the City and adjacent to the Fargo-Moorhead Convention and Visitors Bureau (CVB). The purpose of the long-term lease is to allow the Chamber to construct a new office space to house the Chamber and other potential business partners, he said.

Shannon Full, President and CEO of the Chamber, shared the background of the Chamber, its mission and growth. She said the Chamber Board started to explore expanding last March, and cannot expand in its current location. A key priority was for a central location, she said, and the vision is not only for a building, but also a business resource hub. She said the size of the facility would be about 10,000 to 14,000 square feet with offices, programming space, conference rooms and collaboration space centralized with ease of access and ample parking. The sooner the better, she said, and they want to make sure due diligence is done thoroughly; however, current staff share offices and some work from home due to lack of space. She said the location on City owned land adjacent to the CVB provides opportunities and creates synergies between the CVB and the Chamber, and is a central location. Her request, she stated, is to allow City staff to bring forward a long-term lease agreement between the parties to bring forward at a future date.

City Attorney Erik Johnson said the City has an Ordinance that addresses questions regarding disposing of or leasing of public property owned by the City. He said if it is of significant value, it would involve an RFP process or competitive sale or it could fit into another category, so more research may be needed.

In response to a question from Commissioner Gehrig asking what they are looking for as far as a lease, Ms. Full said ideally a long-term lease, such as 50 or 99 years and lease agreement of a dollar per year. She said while that is a consideration from the City, it does allow for a $2 million plus taxable building on the City property.

Commissioner Gehrig said this amounts to an incentive. The Chamber is not a government organization, he said, and this would be allowing a nonprofit to establish themselves on City property setting a new, bad precedence. He said he is pleased the Chamber is busy and needs more space; however, this is not a role for the government or City taxpayers to support.

President of the CVB Charley Johnson said their arrangement with the City is to pay $125,000.00 per year in rent for their building and the City gives them a $125,000.00 in-kind gift in return. He said their building was constructed with the capital portion of the lodging taxes that funds them, and is not only from Fargo but also from West Fargo and Moorhead. He said he believes the Fargo portion built the building that opened in 1991 or 1992. The CVB is truly a function of the Lodging Tax Ordinance, he said.

n response to a question from Commissioner Strand asking about special assessments on the property, City Administrator Bruce Grubb said he does not have an answer; however, that would be researched in the due diligence period.

Commissioner Strand moved appropriate staff be directed to research the possibility of a long-term lease agreement with the Fargo Moorhead West Fargo Chamber of Commerce for City owned land at 2001 44th Avenue South.

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.

At 6:15 p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Moratorium for Sound Amplifying Equipment Used Outdoors Extended Through 2022 Approved: Appropriate Staff Directed to Research the Possibility of Making the Change Permanent:
The Board received a communication from Carly Bishoff of Jade Presents, stating Fargo Brewing Company is requesting an extension to the Moratorium on the Outdoor Amplified Sound Ordinance as was approved for the Fargo Brewing Company in June of 2020 and extended through September of 2021. She requested that a moratorium extension through the 2022 calendar year be granted due to continued COVID related restrictions on touring acts and the need for businesses to prioritize a higher frequency of outdoor events in 2022.

Jade Neilson of Jade Presents said the Board was kind enough to agree last year when asked to give lenience on amplified sound permits. He said Jade Presents did nine events this past summer when the City had approved five per month and all went well.

In response to a question from Commissioner Piepkorn asking whether there were neighborhood complaints, Mr. Neilson said he is not aware of any complaints.

Commissioner Gehrig said he supports an extension and feels consideration should be made for a permanent change. He said he does not feel the City needs to be overly restrictive.

Commissioner Strand said, for the sake of disclosure, he has worked with Jade Neilson for many years and while he does not consider it a fiduciary financial conflict, if any members of the Board desire him to withdraw from voting, he will do so.

In response to a question from Mayor Mahoney asking whether the Board would like Commissioner Strand to withdraw himself, all the Commissioners agreed to allow him to participate.
Commissioner Gehrig moved the Moratorium to issue no more than five permits for sound amplifying equipment used outdoors be extended through calendar year 2022 and to direct appropriate staff to study making it a permanent change in the Ordinance.

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

Police Department Year in Review Presentation:
Police Chief David Zibolski said this has been a fast and enjoyable year for him with many accomplishments. He said major organizational change is not easy and he is pleased with what has been done. He outlined the accomplishments during the year including the reorganization of the Department, mission values, philosophy changes, and introduction and implementation of the President’s 21st Century Task Force Report as a general foundation document. He said the Professional Standards Division increases accountability, Critical Policy Review and updates, and transparency has been added to the website with the new use-of-force reporting, professional accountability unit and internal investigation as well as updated policies. The introduction of body-worn cameras, he said, is another accomplishment in terms of trust and accountability. Part of the reorganization creates permanent detective positions that were once rotational, he said, and the Downtown footprint will be expanded with a substation that is in progress. He said they are joining with the North Dakota BCI to create a regional Cass County Task Force which will bolster the ability to deal with drug trafficking. The Intelligence and Analysis Unit will be civilianized and restructured, he said, and staff met with State and City prosecutors on improved processes and to ensure them they are provided with what they need to successfully prosecute crimes and reduce repeat victimization. There has been a focus on community engagement with a Multi-Cultural Advisory Commission to provide an opportunity for relationship building and help with education about Fargo and law enforcement. He outlined the efforts of inclusion, community relations, and educational sessions and said there have been a number of neighborhood and community meetings and events. He said the revised shift schedule provides an improved work-life balance for officers and puts the most officers on the streets when needed and improves the ability to train on-shift. Training has included Implicit Bias Training, Train the Trainer, weekly in-service and daily training bulletins, he said, and specialized training for bicycle and motorcycle officers. Technology improvements have been implemented, he said, and later in the year, online reporting will be rolled out. Peer support has been expanded, he said, and there are new promotional processes with opportunities and new leadership. The Liquor Control Board was restructured, addressing a public safety issue in the community, he said. Recruitment and retention is an issue, he said, and an officer wellness program will include heart health and mental resiliency.

In response to a question from Commissioner Strand asking about morale, recruitment and retention, Chief Zibolski said morale is good overall; however, there are 11 vacancies. He said the creation of the Academy has helped recruitment. Organizational change is difficult, he said, which has made some folks decide to move on, which is normal.
Letter of Support for the Creation of a Fargo Police Advisory and Oversight Board: Ordinance Relating to the Fargo Police Advisory and Oversight Board to be Placed on First Reading at the Next Regular Meeting of the Board:

Police Chief David Zibolski said creating the first ever Fargo Police Advisory and Oversight Board is the culmination of months of research and work by City leadership, administration and staff, as well as the Police Department and community members. He said the request from concerned community members to form such a board follows the many trials and tribulations of 2020 in which police-community trust and relations were greatly strained. He said he believes the creation of this board will have a positive impact on Police-community relations, education, outreach and will provide a transparent mechanism for regular Police-community interaction, trust building and accountability. He said it is also a recommendation in the President’s 21st Century Task Force Report for the creation of a civilian board. He said the Board could meet monthly to discuss significant issues, policy, input, feedback or concerns involving internal investigations, use of force, new technology and things such as body cameras and facial recognition.

Assistant City Attorney Nancy Morris said the draft Ordinance is a culmination of a number of Ordinances reviewed and combined in a format from jurisdictions that already have such a Board. She said Open Meetings and Open Records laws were reviewed to ensure requirement compliance as well as due process requirements for the positions.

Commissioner Piepkorn said oversight for the Police Department is to be done by the Board of City Commissioners and he feels this is redundancy and he will not support it.

Chief Zibolski said while the City Commission has final oversight, this allows for policy concerns or discussions. For example, he said, last year when there were discussions on chokeholds and community concerns that Police Department policy did not prohibit that, this Board could have provided a buffer for such a discussion and an appropriate venue before coming to the City Commission.

Commissioner Piepkorn said the City Commission is an appropriate place for such discussions and having them with unelected officials is not appropriate; the bottom line is that it is the City Commission, which is where it should be talked about.

Commissioner Preston said she is highly encouraged by this proposal and does not see it being any different from other advisory groups and it will be beneficial with communication in the community.

In response to a question from Commissioner Preston on the appointment process, Ms. Morris said there have been discussions on who would be on a selection committee, the application process and appointments would be presented to the City Commission for confirmation.

Commissioner Strand said this would be an important accomplishment if done right. He embraces nearly all of it, he said; however, he does not feel those with previous law involvement such as a misdemeanor or a felony should be forever precluded from participating after they have done their rehab and re-established in the community. He said he would like that part of the Ordinance revisited and would suggest verbiage to not have a conviction for any of the following offenses in the previous five years so there is a window there; however, not forever precluding residents. Sometimes people who have had engagement with law enforcement will have some real practical knowledge and experience, he said.

Chief Zibolski said the reason that may not be done is that some training may involve firearms and certain individuals are prohibited from handling firearms. While he understands the concerns, he said, some provisions are necessary. He said this Board is going to have a lot of integrity, responsibility and involvement in what law enforcement does with similar parameters for which officers must comply. He said to diminish the qualifications could bring skepticism to Police Department in terms of members on the board with some of this in their background.

Commissioner Strand said he would like to explore a middle ground; he would like a discussion whether there are areas where the parameters could be loosened and still accommodate the Chief’s concerns. He does not want it to be a deal breaker; however, he said, there may be amendments that might loosen it up to not preclude so many people from participation in the future.

Commissioner Gehrig said there is a weird hodgepodge of boards in Ordinances and some that are not. He said it creates an inflexible system where the law has to be changed rather than a quick vote by the City Commission. He said he would support it if it were not made into a law but rather a policy.

In response to a question from Commissioner Preston asking why it was all put into law when perhaps some of it could be in bylaws, Ms. Morris said she does not disagree that some could be bylaws; however, this way everyone can see and know what that guidance is. She said there will be some governing documents that Board will be able to adopt once formed.

Commissioner Preston moved the Ordinance Enacting Sections 5-0400 through 5-0411 of Article 5-04 of Chapter 5 of the Fargo Municipal Code Relating to the City of Fargo Police Advisory and Oversight Board be received and filed and placed on first reading at the next Regular Meeting of the Board.

Mayor Mahoney relinquished the Chair to second the motion (Deputy Mayor Piepkorn presiding).

Mayor Mahoney said this is an excellent Ordinance and something the Chief and Ms. Morris have worked on for months in response to the community. He said it is not an Oversight Committee in the sense that the City Commission is an oversight of the Police Department. He said it is a big step to have an Advisory and Oversight Committee to work with the City and better educate the community. He said the City Commission can be intimidating to come before if citizens are trying to get things done. He is disappointed some members do not want to support this, it is a big step forward for the Police force and many departments are doing this all across the country. He strongly supports it, he said.

Commissioner Strand said he supports this; however, his concern is that people may be precluded from participating.

Commissioner Gehrig said if this passes as Received and Filed now, prior to its First Reading he will work to pull some details out of Ordinance and make it so it can be in a policy instead.

In response to a question from Commissioner Preston asking whether there could be a process for those eliminated from appointment due to qualifications to address the Board to get their issues on the table, Chief Zibolski said issues would go to the Board Chair and himself for agenda items and he would anticipate many issues which would be prioritized and vetted so there are opportunities. He said some of the work done by the Human Relations Committee would now fall in this venue, and the meetings would be open.

Commissioner Piepkorn said words have meaning and this is being called the Oversight Board; the City Commission is the Oversight Board, not a group of seven unelected people.

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

Deputy Mayor Piepkorn returned the Chair (Mayor Mahoney presiding).

Discussion on Speeding Vehicles: Update on Traffic Enforcement:
Police Chief David Zibolski said speeding and racing has been an ongoing issue and an enhanced enforcement approach has been taken in some areas where there have been a lot of complaints. Over a two-week period, 71 citations were issued, he said, and a significant impact was made in some of the large corridor traffic areas. That work will continue and as part of 2022 planning they are coming up with some new tactics and approaches to some of the speeding and racing.

In response to a question from Commissioner Gehrig asking when the Police Department has time for random patrols, Chief Zibolski said days and times vary; however, largely there are opportunities for this proactive activity.

In response to question from Commissioner Preston asking if there are any kind of temporary road adjustments that can be made for these wide arterials that can look like racetracks, City Engineer Brenda Derrig said she can visit with the Traffic Engineer to see if there is anything more that can be done. She said those are arterials that need to keep vehicles moving and speed readouts could be set up; however, those can have counter affects.

Chief Zibolski said they have researched and there is no magic bullet, there are some different tactics that may help. They do not engage in pursuits of vehicles that just have traffic violations, he said, which it is frustrating for officers yet they understand the danger.

Commissioner Preston said this is serious; people driving 80 miles an hour on University Drive is nuts.

Commissioner Strand said this not a small issue and somehow it needs to be portrayed to parents or to appeal to core values that this is not what one does in a community.

Chief Zibolski said in North Dakota they cannot hold the licensed owner responsible for violations; however, if they did, the cars that flee could have the owner be cited. It is called owner’s responsibility and could cover many traffic violations, he said, and he would be willing to work on a legislative effort for such a law. There is not a lot in the way of technology out there; however, he said, there may be legislation that could help.

Commissioner Strand he would like it explored to see if owner’s responsibility could be at a local level.

Update on a Dangerous Building Located at 1418 1st Avenue North:
Inspections Director Shawn Ouradnik provided an update on the status of the dangerous building located at 1418 1st Avenue North, which was presented at the May 3, 2021 meeting. He said the structure was declared a dangerous building and removal of the structure was ordered by June 30, 2021. By that date, he said, the building had been demolished to an acceptable amount to allow an extension of the deadline and an extension is a reasonable option due to the progress in the sale of the property. The purchaser is J-Street Properties, LLC, he said, who will be developing the property into a 90 unit, four story multi-family housing facility. The applicant also submitted an application for a TIF for the project, he said, and the timeline offered for development of the property is for final demolition of the site to begin in late winter, depending on the status of the TIF application, with construction of the new building to being the Spring 2022 and a possible completion date of Summer 2023.

Update on the Election and City Governance Task Force: 2021 Election and City Governance Task Force Concept Schedule Approved and Appropriate Staff Authorized to Proceed with Task Force Activities:
Assistant City Administrator Michael Redlinger said that on October 18, 2021, the Board approved the formation of the 2021 Election and City Governance Task Force. He said work is underway by an Internal Recommendations Team tasked with soliciting interest from the community and a statement of interest form will be circulated to the public. He said the Internal Recommendations Team, together with Dr. Jeff Schatz, that Task Force Facilitator, will begin to schedule meetings. He said the word about applying to be on the Task Force will be distributed through the City website and social media accounts and a form will be created for interested citizens to provide contact information. He said the Internal Recommendations Team will work with Dr. Schatz to work through the applications between Thanksgiving and New Years and in January, they will bring Task Force member recommendations to the Board for appointment. He shared a concept schedule of four meetings that will try to wrap up by the end of March and he said that Dr. Schatz will bring a report of findings to the Board by the end of April. He said after a final report, the Commission would adopt the findings.

Commissioner Preston she feels it is important that there is plenty of time for the Task Force members to get on the same page, the same information base. She said the group that met in 2016 had six months and many meetings so she questions whether this can all be done in four meetings.

Mr. Redlinger said in talking with Dr. Schatz, his preferred facilitation model is to work with a longer duration meeting, more meaningful and in-depth with fewer meetings. He said the meeting schedule will be contingent on the members’ availability and if more time is needed that will be worked through.

Commissioner Strand moved the 2021 Election and City Governance Task Force concept schedule of events be approved and appropriate staff be authorized to proceed with Task Force activities.
Second by Gehrig. On call of the roll Commissioners Strand, Gehrig, Preston, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Discussion Regarding Portfolio Communications Relative to the Organizational Chart:
Commissioner Strand said an internal communication indicated many staff are overwhelmed with the COVID-19 pandemic and responsibility challenges, and the suggestion is for Commissioners to hone in on their portfolios and who their communications go through. He said he feels the suggestion that Commissioners communicate for their portfolio through its administrator should be discussed along with how not to burden staff excessively, yet be efficient and effective.

Mayor Mahoney said Commissioners work with department heads and he would ask that as far as new ideas, that things be toned down some this fall to allow people to get caught up. He said some staff have not taken vacation and with such dedicated staff, oftentimes when a question is presented, they answer immediately. He said there are some employers who do not allow emails on weekends. He said staff is told, “take time off,” “rejuvenate,” and then, oh, by the way, “I have five questions.” He said he asks that staff be given some breathing room to let staff work on the work plans they have and that the Board be cognizant of their time. Staff feels loyal to the Commissioners and want to please them; however, that can add to their work.

Commissioner Preston said she had a meeting with HR and Administration when she heard the staff feels overwhelmed. As a community, she said, when a flood happens, everyone is aware of staff getting the City through it; and with
COVID-19, the experience is like a flood and for the last year and a half, staff has had to deal with it and several waves, along with regular work. Expressing strong gratitude is important, she said, as is addressing that sense of being overwhelmed. Some may be related to HR policy changes, such as allowing work from home and then not allowing it, she said, and there may be a need for resources to address the overworked feeling. She said the opportunity has not been taken to raise up and make visible what City staff has done and to acknowledge that publicly so the public understands.

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, November 15, 2021.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:28 o’clock p.m.