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, October 17, 2022.

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

Mayor Mahoney read a message with the following information: Fargo Cass Public Health Director Desi Fleming received the 2022 Friend of Medicine Award from the North Dakota Medical Association; the Library sponsors Creepy Crafts for teens on October 20th and weekly Crafternoon events through December; Fargo earned the title of the best tasting tap water in North Dakota during the annual North Dakota Water and Pollution Control Conference and has been invited to compete in the American Water Works Association national tasting contest in June 2023; videos were shown highlighting the expansion project at the Fargo Water Reclamation Treatment Facility and featuring the festivities for Indigenous People’s Day and recognition for the Gladys Ray Indigenous Peoples’ Day Award presentation to Darlene Ten Bear.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved, moving Item Nos. “3” and “5” from the Consent Agenda to the end of the Regular Agenda.
Second by Strand. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Kolpack moved that the Minutes of the Regular Meeting of the Board held on October 3, 2022 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. 1st reading of an Ordinance Amending Section 21-0102 of Chapter 21 of the Fargo Municipal Code Relating to the International Building Code (Child Care Facility Bathtub/Shower Requirements).

2. 2nd reading and final adoption of an Ordinance Amending Section 12-0106 of Article 12-01 of Chapter 12 of the Fargo Municipal Code Relating to Impounded Animals-Procedure for Impounding.

3. Resolution relating to the City Wildlife Management Program for the 2022-2023 season (moved to the Regular Agenda).

4. Findings of Fact, Conclusions and Order and Notice of Entry of Order for property located at 2315 2nd Avenue South.

5. Resolution relating to the qualifications of members and responsibilities of the Board of Health (moved to the Regular Agenda).

6. Gaming Site Authorization for Fargo Youth Hockey Association at Buffalo Wild Wings-42nd.

7. Applications for Games of Chance:
a. Centennial Elementary PTO for bingo on 10/28/22.
b. NDSU Dairy, Livestock and Meats Judging Team for a raffle on 3/4/23.
c. River Keepers for a raffle on 10/20/22.
d. St. John Paul II Catholic Schools for a raffle on 4/29/23.
e. Homeward Animal Shelter for a raffle and raffle board on 10/28/22.

8. Extension of a Class “AC” Alcoholic Beverage License for Fargo Moorhead Community Theater d/b/a The Stage at Island Park until 4/1/23.

9. Memorandum of Offer to Landowner for Easement (Temporary Construction Easement), Permanent Easement (Levee and Retaining Wall for Flood Control) and Permanent Easement (Storm Sewer) with Jake Kruse and Jackilyn L. Kruse (Project No. FM-19-C).

10. Bid award to Key Contracting, Inc. in the amount of $157,900.00 for Project No. UR-22-C1.

11. Change Order No. 12 in the amount of $20,457.27 for Project No. FM-16-A1.

12. Change Order No. 2 in the amount of $9,910.00 for Project No. UR-22-B1.

13. Change Order No. 2 in the amount of $47,375.00 and time extension to substantial and final completion dates to 10/24/22 and 11/14/22 for Project No. SR-22-B1.

14. Piggyback Contract with Sourcewell for the purchase of one sewer cleaner truck in the amount of $335,834.00 (PBC101221-VTR23).

15. Bid award to Peterson Mechanical in the amount of $70,400.00 for Water Loop Service Valve Installation at the FARGODOME (RFP22171).

16. Receive and file General Fund – Budget to Actual through September 2022 (unaudited).

17. Agreement with Tanner Smedshammer.

18. Notice of Grant Award with the ND Department of Health for COVID-19 Preventative Services Recovery (CFDA #93.391).

19. Agreement for School Faculty Tobacco Prevention Coordinator with West Fargo Public School District.

20. Notice of Grant Award with the ND Department of Health and Human Services for regional public health network.

21. Financial Award with the ND Department of Commerce/DCS for the Gladys Ray Shelter Emergency Solutions Grant (CFDA #14.231).

22. Contract Agreement for Services with Southeast Human Service Center.

23. Set October 31, 2022 at 5:15 p.m. as the date and time for a Public Hearing on a dangerous building at 812 7th Street North.

24. Subrecipient Agreement with Cass Clay Community Land Trust.

25. Program – Funded State and Local Task Force Agreement with the United States Department of Justice, Drug Enforcement Administration (DEA).

26. Bid award to Midwest Snow Services LLC for snow groomer equipment services (RFP22156).

27. Bills in the amount of $14,813,877.35.

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

Change Order No. 6 for Improvement District No. BN-21-H1 Approved:
Commissioner Preston moved Change Order No. 6 for an increase of $8,104.25 for Improvement District No. BN-21-H1 be approved.

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

Change Order No. 3 for Improvement District No. BN-22-K1 Approved:
Commissioner Preston moved Change Order No. 3 for an increase of $990.00 for Improvement District No. BN-22-K1 be approved.

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

Change Order No. 2 and Time Extension for Improvement District No. BR-22-B1 Approved:
Commissioner Preston moved Change Order No. 2 for an increase of $34,308.25 and time extension to Phase 3 completion date, and the substantial and final completion dates to October 7th, October 17th and November 16, 2022, respectively, for Improvement District No. BR-22-B1 be approved.

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

Change Order No. 2 for a Time Extension for Improvement District No. PR-22-F1 Approved:
Commissioner Preston moved Change Order No. 2 for a time extension to the substantial and final completion dates to October 24 and November 24, 2022 for Improvement District No. PR-22-F1 be approved.

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

Negative Final Balancing Change Order No. 1 for Improvement District No. SL-21-B1 Approved:
Commissioner Preston moved Negative Final Balancing Change Order No. 1 in the amount of -$33,974.70 for Improvement District No. SL-21-B1 be approved.

Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, Piepkorn, Strand 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. UN-22-M1 Approved:
Commissioner Preston moved Change Order No. 1 for an increase of $49,269.25 and a time extension to the substantial and final completion dates to October 7 and October 28, 2022 for Improvement District No. UN-22-M1 be approved.

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

Agreement with Cass County and the City of West Fargo for the 52nd Avenue South Reconstruction Project (Improvement District No. BN-23-A1):
The Board received a communication from Division Engineer Jeremy Gorden stating a Joint Powers Agreement has been worked out with representatives from Cass County in regards to the 52nd Avenue South Construction Project slated for bid next month and to be under construction next year. He said the project will urbanize 52nd Avenue South (Sheyenne Street/County Road 17 to west of 63rd Street South) from a rural asphalt roadway section to a divided urban concrete street section with curb and gutter, storm sewer, bridge over the Sheyenne River and pedestrian systems.

Commissioner Preston moved the Agreement (52nd Avenue South Reconstruction) with Cass County and the City of West Fargo for the 52nd Avenue South Construction Improvement District No. BN-23-A1 be approved.

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

Bid Advertisement for Project No. FM-21-A2 Approved:
The Board received an Engineer’s Report requesting the call for bids be advertised for Flood Risk Management Project No. FM-21-A2.

Commissioner Preston moved the Bid Advertisement for Project No. FM-21-A2 be approved

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

Resident Comments:
Wess Philome and Faith Dixon spoke in support of rescinding the Deputy Mayor appointment; Chris Zerr spoke on street performers and noise Downtown, Christopher Coen and Richard Thomas spoke on the Wildlife Management Program rule changes.

Special Assessment List for Business Improvement District (BID) Fees Approved:
A Hearing had been set for October 3, 2022 on the special assessment list for Business Improvement District (BID) fees in the City of Fargo, North Dakota.
At the October 3, 2022 meeting the Hearing was continued to this day and hour.

City Auditor Steve Sprague said this is the annual assessment of the Business Improvement District. He said there have been a few changes this year; Zone 1 is expanded to include Roberts Alley and Main Avenue from 2nd Street to 8th Street. He said the assessment rate remains the same and the only change in the dollar amount is the increase in the valuation of the property. The assessment this year generates about $699,000.00, he said, and the Auditor’s Department has not received any protests. He said an RFP is due October 27th for BID administration.

Executive Director of the Downtown Community Partnership (DCP) Cindy Graffeo gave an overview of the updates being proposed and their services. She said the BID oversight is provided by the DCP Board and there is an advisory committee made up of property and business owners in every district of the Downtown BID that helps oversee, manage budgets and direct the work the BID crew does. She said the City uses its special assessment powers on behalf of the property owners to create the funds which the DCP helps manage.

Commissioner Strand moved that the special assessment list for Business Improvement District (BID) fees be approved.

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

Special Assessment List for Unpaid Utility Bills Approved:
A Hearing had been set for October 3, 2022 on the on the special assessment list for unpaid utility bills in the City of Fargo, North Dakota.
At the October 3, 2022 meeting the Hearing was continued to this day and hour.

City Auditor Steve Sprague introduced Angie Bear, Utility Billing Supervisor. He said the assessment list is the utility bills that were outstanding as of June 30th. He said there are 361 properties on the list and after receiving notification, 166 are paid in full and 53 made partial payments, leaving 142 to be assessed. Of the 142, 75 are storm sewer only, he said, 36 in Cass Rural Water accounts and eight commercial accounts and 23 residential. He said only nine of the residential are owner occupied. He said this is a bit of a catch-up after the pandemic, staffing turnover and new technology in the meter department. He said they work with anyone who lets them know they are having difficulties. In 2018, he said, an Ordinance was passed making both the property owner and tenant jointly responsible for utility bills.

Commissioner Piepkorn moved that the special assessment list for unpaid utility bills be approved.

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

Appeal of Board of Adjustment Decision for an Administrative Interpretation on a Land Use Definition for a Change of Use Permit Application Filed by Gill Investments Ltd, Upheld:
A Hearing had been set for this day and hour on appeal of a Board of Adjustment decision to uphold an administrative interpretation on a land use definition for a change of Use Permit application filed by Gill Investments Ltd.

Long Range Planning Coordinator Kim Citrowske said the Land Development Code outlines the Appeals process stating the Board of City Commissioners shall consider the appealed decision as a new matter in a Public Hearing and, at the close of the Public Hearing, act to approve or deny the original application. She said an appeal requires four votes as a super majority. She said the process began with the submission of a Change of Use Permit application in August by Gill Investments Ltd, followed by a Notice of Denial letter dated September 7, 2022 and an Application to Appeal an Administrative Decision was submitted September 16, 2022. The Board of Adjustment considered the Appeal on September 27, 2022 and the determination was to affirm the staff’s decision to deny the Change of Use permit, she said, and the Application to Appeal the Board of Adjustment Decision was submitted October 6, 2022. She said the property location is 74 Broadway and zoned DMU, Downtown Mixed Use, which is intended to preserve the Historic Business District with enhanced design elements to create a development that is pedestrian oriented and attractive. The Land Development Code (LDC) outlines uses and how they are permitted in each zoning district, she said, and the applicant states it is for retail sales and service, which is permitted; however, Adult Entertainment Centers are not allowed in the DMU Zoning District. The LDC acknowledges that not every business proposal fits exactly with the use table and descriptions, she said, so it authorizes the Zoning Administrator to make similar use interpretations based on category descriptions. She outlined the use regulations and the staff analysis, stating that the DMU, Mixed Use Zoning District, is only located in the historic Downtown area and outlines the design standards intended to stimulate and protect investment throughout the Downtown. She said many Master Plans have been developed over the past 20 years to vision Downtown as a destination for all ages. The visual examples and product list from the applicant includes items that are adult oriented, she said, and considering the floor layout submitted, inventory and limited age for customers, the Zoning Administrator has determined that the proposed use is an adult bookstore, which is not permitted in the DMU Zoning District.

Planning Director Nicole Crutchfield said questions are whether the City is within their zoning authority to deny this change, does the reference of stock in trade in the “Adult Bookstore” LDC definition refer to a collective set of merchandise or is it limited to books, periodicals and printed materials only, and is staff applying the Comprehensive Plans through the implementation of the LDC correctly. She said staff recommends denial, which was upheld by the Board of Adjustment.

Matt Hoffer, Attorney for Gill Investments Ltd./Romantix, gave a presentation titled the History of Interpretation. He said Romantix worked to open a second location in Fargo for several years and had looked at opening a store adjacent to the existing Sam and Delilah’s in the Light Industrial Zoning. He said there was a proposal to remove all the books, magazines and other periodicals from Sam and Delilah’s and the Planning Department had determined then that it would no longer constitute an adult bookstore. Romantix has been completely open and forthright through the entire process, he said. Attorney Brad Reich reached out in June 2022 proposing opening a non-adult business at 74 Broadway that would have no sexually explicit books, materials or other periodicals, no on-premises viewing and no live entertainment, he said, and it would not fall under the definition of “adult bookstore.” He said they have a lot invested in the property, they have secured the lease and built it out and have product onsite. An adult bookstore definition is the same in a LI, Light Industrial Zoning District as in the DMU Zoning District, he said, and the right choice would be to approve the permit.

Commissioner Kolpack moved the Board, having reviewed the application and supporting documentation for a Change of Use Permit, finds the proposed business meets the definition of an adult bookstore and therefore upholds the denial of the original application for a Change of Use Permit and the Board of Adjustment’s decision reaffirming the Zoning Administrator’s denial of the Change of Use Permit based on the proposed use is an adult bookstore and that use is not allowed in the DMU, Downtown Mixed Use Zoning District

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

Hearing on a Dangerous Building Located at 509 21st Street North Continued to October 31, 2022:
A Hearing had been set for this day and hour on a dangerous building located at 509 21st Street North; however, staff has asked that this Hearing be continued to October 31, 2022.

Commissioner Piepkorn moved that the Hearing on a dangerous building located at 509 21st Street North be continued to October 31, 2022.

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

Introduction of North Dakota State University President David Cook:
Mayor Mahoney introduced NDSU President David Cook and said Mr. Cook has been gracious in meeting with City staff and himself and would like to introduce himself to the Board and make some statements.

President Cook said he appreciates the opportunity and wants the Board to know he values the partnership with the City and wants to see and learn and to look for ways to work through problems and to make the community better. He shared his background and said since moving to Fargo, he has found the people to be amazing. He started his position in May and he said, he is grateful for the help from Dean Bresiani, his predecessor, and all the people at the University for helping him get onboard. He said he looks forward to great conversations, dialogues and opportunities moving forward.

Appointment of Solid Waste Utility Director Approved:
Interim City Administrator Michael Redlinger introduced Scott Olson as the Solid Waste Utility Director designee. He stated the City advertised, recruited and screened prospective candidates for the position of Solid Waste Utility Director. He said 13 applications were received and initial screenings were held virtually with four candidates, followed by in-person interviews of three candidates on September 30, 2022. He said the Selection Committee recommendation is the appointment of Scott Olson to the position of Solid Waste Utility Director. He said
Mr. Olson has participated in a couple capacities for the City, as a Civil Engineer II in the Engineering Department, and most recently as Solid Waste Utility Engineer and has experience in personnel management, capital planning and budgeting and a depth of experience that will work well for the team. He said he is pleased to bring the unanimous recommendation of the Selection Committee to appoint Scott Olson to the position of Solid Waste Utility Director.

Mr. Olson said he is excited for the opportunity. He said former Solid Waste Utility Director Terry Ludlum built a great team and left the department in a very good position and he looks forward to working with the Board and serving the community and the region.
Commissioner Kolpack said the candidates for the position were strong and she commended the HR team for their work and professionalism through the process.

Commissioner Kolpack moved the appointment of Mr. Scott Olson to the position of Solid Waste Utility Director be approved

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

Appointment of Members to the Fargo Youth Initiative for the 2022-2023 School Year Approved:
The Board received a communication from Commissioner Denise Kolpack stating the Fargo Youth Initiative (FYI) meets monthly to discuss opportunities and issues facing young people in the community. She submitted a list of interested participants selected using the four values of: Leadership, Teamwork, Responsibility and Drive to Improve the Community.
She recommends the following: Returning members: Adhijna Kavasseri (North-11), Anna French (North-12), Natalie Evensen (South-12) Madeline Abbott (Shanley-11), Jadyn Chakua (North-10); New Members: Michael Vasichek
(South-12), Patrick Shen (Davies-11), Angel Mochage (Davies-11).
Commissioner Kolpack moved the members recommended to the Fargo Youth Initiative for the 2022-2023 academic school year be approved.
Second by Strand. On call of the roll Commissioners Kolpack, Strand, Piepkorn, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

At 5:55 o’clock p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Selection of Alternative “E” for 1458 South River Road Approved (Project No. FM-15-J):
Mayor Mahoney said the Engineering Department made a presentation at the October 3, 2022 Regular Meeting explaining five alternatives for flood protection at 1458 South River Road, which is listed on the National Register of Historic Places. He said the presentation was informational and no action was requested at that meeting in order to allow time to review the alternatives. He shared the 5 alternatives that were discussed:
A. Full property acquisition and structure removed . $1.1M
B. Full property acquisition and structure relocated. $1.8M
C. Full property acquisition and structure reconstruction. $2.1M
D. Floodwall construction – river side of structure. $2.9-4.8M
E. Floodwall construction – street side of structure . $1.1M

Commissioner Kolpack said she wants the public to be aware of how much work the Planning and Engineering teams have done on this project, along with the property owners. She said it is an excellent example of collaboration and thinking outside the box to find a solution.
Commissioner Piepkorn said he would be in favor of moving the house to the
City-owned lot. He said his concern is the ongoing costs and unknowns with the floodwall, and what would happen if the property is sold.

In response to a question from Mayor Mahoney asking if it is the FM Diversion that is responsible for maintenance, City Engineer Brenda Derrig said in-town flood projects are owned and maintained by the City. She said the floodwall will have anti-graffiti coating and Public Works will do annual maintenance.

Public Works Director Ben Dow said every three years the gates to the floodwall must be exercised, which takes two to three hours.

In response to a question from Commissioner Preston about documentation on the property to the City to place that gate, Ms. Derrig said a document will be recorded against the property stating specifically what flood stages the wall will be installed and the gates shut. She said future Commissions will need to stick by the agreement that is signed and recorded against the property.

Commissioner Strand moved Alternative “E” - Floodwall Construction Street Side of Structure for property located at 1458 South River Road (Project No. FM-15-J) be approved.

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

Request to Acquire 714 12th Street North Approved:
Director of Strategic Planning and Research Jim Gilmour said discussion at the last meeting was whether there was a source of funding available to acquire the property at 714 12th Street North. There was money set aside for the Core Neighborhood Plan, he said; however, he was told much of that is committed to acquire some other homes. He said HUD money that could be used requires a lengthy environmental review process. It had also been asked if the property were acquired to receive some income, where the income would go, he said, and he suggested a motion could include the money going back into the Tax Incentive Financing District fund if it were sold in the future and used to acquire other housing in the neighborhood. A secondary consideration in the future would be if it should become a Habitat for Humanity home, a Land Trust home or sold on the private market, he said, and that decision can be made after the lot is cleared. The Finance Committee recommendation was to simply acquire the home, he said.

Commissioner Piepkorn moved to acquire 714 12th Street North for $29,000.00 using the Roers/Newman TIF District funds and any proceeds from the sale of the property be returned to the TIF District.
Second by Kolpack.

Commissioner Preston said she has learned the property was bid at only $7,500.00 prior to the current owner placing a bid and the bid of $30,000.00 by the current owner probably does not reflect market value. She said the current owner did not do due diligence to find out if the property could be turned into a parking lot and the City is also taking on demolishing the building.

Mr. Gilmour said the land only is assessed at $30,000.00; however, it is worth less due to the building on it that has to be demolished. He said there are not many residential properties where one could find a lot, even with a rundown house, for $30,000.00.

Mayor Mahoney said a teardown would be special assessed against a property.

Commissioner Preston moved to amend the motion to purchase the property at 714 12th Street North for $7,500.00.

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

In response to a question from Commissioner Strand asking about the dangerous building process, Inspections Director Shawn Ouradnik said the property owner has 30 days after a Finding of Fact and Order is brought to the Commission to demolish or the City will demolish the structure.

In response to a question from Commissioner Strand asking if this is a precedence where a condemned property is offered to be sold to the City,
Mr. Gilmour said when the City had the NRI program there were some demolition acquisitions.

Commissioner Preston said it is not likely a developer would purchase this and it may be difficult to sell. She said this could be $60,000.00 that the City may never get back.

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

Discussion on Resident Comment Period:
The Board received a communication from Commissioner Arlette Preston stating an individual who owns a business in Fargo and does not reside within City limits tried to register during the public comment period at a City Commission meeting to speak on a topic of concern to their business; however, was turned away. She said she would like consideration of allowing individuals who own property or a business inside Fargo’s boundaries to be allowed to address the City Commission during the public comment period.

Mayor Mahoney said his understanding is that the public comment period is for residents of the City who are voters. He said if opening it up to nonresidents, someone from New York, California, Iowa, etc., could speak to the City Commission at the dais. The idea for the public speaking opportunity was for people with concerns about topics in front of the Board, he said, and any non-resident owners are able now to speak to any of the Commissioners about a concern. He is adverse to this as anyone from anyplace could come, he said, and the reality is that Commissioners should be concerned about the constituents who live in the community.

Commissioner Strand said he feels if someone works and lives in Fargo or owns property in Fargo, the Board would have a reason to listen to them. He said when the massage Ordinance was reviewed, there were people who were disallowed to speak due to not living in Fargo and that was a disservice to them. He would support Commissioner Preston’s approach, he said, and if it gets abused or out of hand, it can be revisited or tightened up.

Mayor Mahoney said there are plans to have a gathering of the Commissioners to discuss who can put items on the agenda in general and this could be a topic for the retreat as well.

Commissioner Kolpack said she sees both sides; however, these are property tax paying business owners and she feels that gives them the right to speak on an issue in front of the City.

Commissioner Preston moved to allow individuals who own property or business inside the boundaries of the City to address the City Commission during the resident comment period.

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

Commissioner Dave Piepkorn’s Appointment as Deputy Mayor Rescinded: Commissioner Preston Appointed Deputy Mayor:
The Board received a communication from Commissioners Arlette Preston and John Strand stating the City Charter states the Fargo City Commission is to select the Deputy Mayor and at the first meeting of this new Commission, a motion was passed to select Commissioner Piepkorn. They said conduct appropriate for elected officials includes respect and Commission members are not to be hostile, degrading or defamatory toward other members, staff or community members. Derogatory and abusive treatment toward others will not be tolerated by this body and the City Commission has the obligation to police its members behaviors; therefore, they propose to rescind Commissioner Piepkorn’s appointment as Deputy Mayor.

Commissioner Strand said he does not want to participate in squelching or stifling speech or voice by anybody. Diversity of people and opinions needs to be celebrated, he said; however, when the Board elects an official to represent them it is different than being elected citizens. He said he felt the turning point was when Commissioner Piepkorn went on the radio and told the public he was going after the Police Chief’s position, which had not been discussed by the Board and Commissioner Piepkorn also accused the Mayor of not telling the Board what is going on with his portfolio. He said there is a danger in taking an approach of putting City Directors, City Officials or staff in a critical light. He said everyone has a right to their opinions or to disagree. Mayor Mahoney came to this position due to the death of the previous Mayor, he said, and such transitions of power can and do happen. It is important to have a Deputy Mayor and Mayor who best represent the Board.

Commissioner Preston said this is a leadership issue. She said the Board of City Commissioners, as a body, elects the Deputy Mayor position. This last year there have been at least three incidents, she said, one hitting national news, and there have been concerns about how this body functions due to some of the behavior and members need to be able to communicate in a civil manner.

Commissioner Kolpack said she is sorry this action is being considered and she thanked citizens who have reached out with feedback. She said she ran for City Commission on professionalism and decorum which resonated with voters. She said if she would deviate from the Code of Conduct as a
Commissioner, she would expect consequences or the Code of Conduct is meaningless.

Mayor Mahoney said it is a difficult decision to remove a Deputy Mayor. He said Commissioner Piepkorn has supported the Diversion and worked hard in many tasks, such as Economic Development and promoting the City. It is unusual to get to this point, he said, Commissioner Piepkorn has stated he would work on the decorum on the dias, he said, and there have been some difficult meetings the last several weeks. Disagreements and discussions must be allowed and, he said, he will vote against rescinding the Deputy Mayor’s appointment.

Commissioner Strand moved Commissioner Dave Piepkorn’s appointment as Deputy Mayor be rescinded

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

Mayor Mahoney said the rules say a Deputy Mayor must be appointed now as well, in case something were to happen.
Commissioner Strand moved Commissioner Preston be appointed Deputy Mayor.
Second by Piepkorn.

Mayor Mahoney said the difficulty he has with Commissioner Preston’s appointment is that she ran against him in the Mayor’s race and typically a Mayor and Deputy Mayor must work well together. Her passions have demonstrated she does not necessarily follow agreed rules, he said, and he has found she has had meetings with a department he is liaison for without him present. She has continued to work with departments on a rental registry even though that has been turned down twice by this Board. He said he is concerned she wants to move forward with her own agenda, which is not in concert with the Mayor.

Commissioner Preston said the Code of Conduct is not clear nor does it spell out some of this discourse and a Code of Conduct needs to identify roles, behavior at the dais, how to get questions answered and the consequences for not following the code. She said a Board retreat has been discussed for some time and it needs to be done, with a facilitator, in the next couple months. She said there are meetings and questions across departments and when asked, she has no trouble meeting with people asking questions or asking for meetings. If guidelines that do not allow that, she said, she will abide by that.

Commissioner Kolpack said transparency is expected and she feels filling the vacancy of Deputy Mayor right now feels reactionary and she would like to wait until she has more information and is comfortable with the recommendation.
Commissioner Piepkorn said there is no time, it is required that the position is filled at this meeting.
Commissioner Strand said Commissioner Preston is in her third term and has experience. He said she ran for Mayor twice so he sees Commissioner Preston as willing to step up and lead as Deputy Mayor.

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

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Stephen and Cheryl Hoffman, 217 15th Avenue North (5 year).
b. James and Jean Jorgenson, 4834 Rose Creek Parkway South (5 year).
c. Kenneth and Diana Thomas, 2810 1st Street North (5 year).
d. Greg and Nancy Bjerke, 2973 Peterson Parkway North (5 year).

Commissioner Piepkorn moved the applications be approved.

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

Liaison Commissioner Assignment Updates:
The Commissioners each gave a report on the Boards and Committees on which they serve.

Resolution Relating to the City Wildlife Management Program for 2022-2023 Adopted (Moved from the Consent Agenda):
Commissioner Strand said he has heard concerns from citizens about the new policies and he would like to delay action for two weeks.

Mayor Mahoney said the issues were brought up two weeks ago and there has been time for them to be addressed.

Interim City Administrator Michael Redlinger said the Resolution is the implementation vehicle for the revisions that have already occurred. He said he understands concerns raised are about some language that was previously in the Ordinance that is now being removed. It is pointing back to North Dakota Game and Fish regulation to conduct the hunt, he said, so some things seen in previous language will not be seen moving forward simply because it now defers to North Dakota regulation. He said there was a meeting with the Park District, Sand Hills Archery Club and the Auditor’s Office on implementation of the hunt for 2022-2023 and the process is now understood; however, some intricacies will be taken up as the program is implemented. Tonight, he said, the action is taking the Fargo program, removing the Police Department role and utilizing the Park District and the volunteer club to help with administration of the program. If approved, he stated, work will be done on notification and news releases and discussions about where to go from there. He said there is no new issue, this is for the implementation of the Resolution. He said this is only for Park District or City-owned property managed by the Park District and not on private property.

City Attorney Nancy Morris said the Ordinance was presented to the Board over three readings and it was a modification to the existing program and the Resolution presented now identifies where hunting takes place, how many permits will be issued and that individuals will be required to have Game and Fish licenses in order to secure permits from the City of Fargo.

In response to a question from Commissioner Preston asking about the issue with age, Mr. Redlinger said that comes from Game and Fish regulations; in North Dakota a minor can hunt at age 16. He said it is asked that minors be supervised by an adult.

Commissioner Piepkorn moved the Resolution relating to the City Wildlife Management Program for 2022-2023 be adopted.
Second by Kolpack.

Commissioner Strand moved to amend the motion to delay approval of the Resolution for two weeks.

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

On call of the roll on the original motion Commissioners Piepkorn, Kolpack, Strand, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Resolution Relating to the Qualifications of Members and Responsibilities of the Board of Health Adopted (Moved from the Consent Agenda):
Assistant City Attorney Ian McLean said two Resolutions are proposed relating to qualifications for the members of the Board of Health and the responsibilities. He said Fargo Municipal Code Section 13-0204 provides that the Board of Health shall consist of one member of the Board of City Commissioners and other members shall be appointed with such qualifications as shall be determined by the Board of City Commissioners. The Fargo Municipal Code presently states that the Board of Health is an advisory board and sets forth responsibilities, he said, the current bylaws set forth various responsibilities of the Board of Health. The position of the City Attorney’s office is that responsibilities of the Board of Health are best set forth by the Board of City Commissioners, he said, instead of by the Board of Health in its own bylaws.

Commissioner Preston said the Board of Health bylaws have been discussed and it became evident through the COVID-19 pandemic, that Boards, such as the Board of Health, provide technical advice to the City Commission. The intent of the Board of Health is to revise membership to make sure advice coming from the Board of Health is based on standards of practice, best practices within the health community and provides good solid technical advice on health issues.

Mayor Mahoney said the Board of Health currently has nine members. It includes political positions, one from the Cass County Commission, West Fargo Mayor or representative, a rural representative, in addition to a physician and a behavioral health specialist. He said the positions in question are the three at-large positions, which could be advisory. He said the Resolution basically changes it from nine members to seven and consideration of Board appointments will be more deliberate.

Commissioner Preston moved the Resolutions determining the qualifications for members of the Board of Health and setting forth the responsibilities of the Board of Health be adopted.

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

Commissioner Strand moved that the Board adjourn to 5:00 o’clock p.m., Monday, October 31, 2022.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:00 o’clock p.m.