Board of City Commissioners - February 22, 2022 Minutes

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 5:00 o'clock p.m., Tuesday, February 22, 2022.
The Commissioners present or absent were as shown following:
Present: Gehrig, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

Mayor Mahoney read a message with the following information: this week is “Through with Chew Week,” a time to educate about the dangers of smokeless tobacco; COVID-19 at-home tests provided by the ND Department of Health are free and available at multiple locations; the Inspections Department will no longer store plans with Record Keepers and a list of stored plans is available on the City’s website if property owners want to request the documents; events at the Library include a “Retro TV” trivia event, the online Winter Reading Program runs through March 6th and the 2022 Northern Narratives writing project is accepting submissions through March 31st; and the Arts and Culture Commission has opened a call for public art projects.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved, withdrawing Item No. “23” from the Regular Agenda and delaying Item No. “28” on the Regular Agenda for two weeks.
Second by Strand. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on February 7, 2022 be approved as read.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.

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

1. 2nd reading and final adoption of the following Ordinances; 1st reading, 1/24/22:
a. Amending Section 25-2201 of Article 25-22 of Chapter 25, of the Fargo Municipal Code Relating to Hotel and Rooming-House Registers.
b. Amending Article 15-02 of Chapter 15 of the Fargo Municipal Code Relating to the Human Relations Commission.
c. Amending Section 8-0309 of Article 8-03 of Chapter 8 of the Fargo Municipal Code Relating to Driving While License Suspended or Revoked-Impoundment of License Plates.

2. Applications for Games of Chance:
a. Red River Valley Figure Skating Club-Fargo Ice Show for a raffle on 3/13/22.
b. St. Mary’s Cathedral for a raffle on 5/1/22.
c. Safari Club International North Dakota Chapter for a raffle board on 3/11/22.
d. Chuck Sornsin Benefit Fund for a raffle on 4/9/22; Public Spirited Resolution.
e. Knights of Columbus 6570 for a calendar raffle from 4/1/22 to 4/30/22.

3. Gaming Site Authorization for Fargo Post 2 Baseball Club at Herd and Horns.
4. Memorandum of Offer to Landowner for Easement (Temporary Construction Easement), Permanent Easement (Storm Sewer) and Permanent Easement (Levee and Retaining Wall for Flood Control) with Mark E and Barbara B. McCourt (Project No. FM-19-C).
5. Change Order No. 2 for a time extension to 5/23/22 for Project No. FM-19-E1.
6. Bid advertisement for Project No. TM-22-A.
7. EAP Full-Service Contract for Services - Employee Assistance Program with The Village Business Institute.
8. Administrative Services Agreement with MissionSquare to provide the 457 plan (formerly ICMA).
9. Sole Source Procurement with OverDrive, Inc. to provide e-content for the Fargo Public Libraries (SSP22012).
10. Grant through the ND Council on the Arts for the Red River Valley Kids Read.
11. Cass County, North Dakota Drug Task Force Memorandum of Understanding.
12. Bid award to Ferguson Waterworks in the amount of $188,219.90 for water main repair materials, miscellaneous water distribution materials, fire hydrants/parts and miscellaneous street materials (RFP22021).
13. Bid awards for aggregate materials, concrete, asphalt and emulsified asphalt (RFP22020).
14. Authorize the Transit Director to negotiate a one-year extension to the First Transit Services, Inc. contract.
15. Change Order No. 1 in the amount of $8,321.11 for the MTG Pit Repairs and Hoist Replacement Project (RFQ21072).
16. Bills in the amount of $ 6,381,400.48.

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.

Asphalt Mill and Overlay Improvement District No. PR-22-F (Various Locations):
Commissioner Gehrig moved the following action be taken in connection with Asphalt Mill and Overlay Improvement District No. PR-22-F:

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

LOCATION (Section 1):
On 41st Avenue North from cul-de-sac east of 10th Street North to University Drive North.
On 42nd Avenue North from cul-de-sac east of 10th Street North to University Drive North.
On 43rd Avenue North from Riverwood Drive North to University Drive North.
On Riverwood Drive North from 43rd Avenue North to 520’ north of 43rd Avenue North.
On 10th Street North from 40th Avenue North to 43rd Avenue North.
On 11th Street North from 41st Avenue North to 42nd Avenue North.

LOCATION (Section 2):
On 8th Avenue North from 10th Street North to University Drive North.
On 9th Avenue North from 4th Street North to Broadway North.
On 9th Avenue North from 10th Street North to University Drive North.
On 10th Avenue North from 10th Street North to University Drive North.
On 11th Avenue North from 4th Street North to University Drive North.
On 5th Street North from 9th Avenue North to 12th Avenue North.
On Broadway North from 6th Avenue North to 9th Avenue North.
On 7th Street North from 10th Avenue North to 12th Avenue North.
On 8th Street North from Kennedy Court North to 11th Avenue North.
On 9th Street North from Kennedy Court North to 12th Avenue North.
On 11th Street North from 7th Avenue North to 12th Avenue North.
On 12th Street North from 7th Avenue North to 12th Avenue North.
On Kennedy Court North from 8th Street North to 9th Street North.

LOCATION (Section 3):
On 9th Avenue South from 25th Street South to 28th Street South.
On 12th Avenue South from 27th Street South to 28th Street South.
On 28th Street South from Fiechtner Drive South to 13th Avenue South.

LOCATION (Section 4):
On River Drive South from 35th Avenue South to 11th Street South.
On 10th Street South from 35th Avenue South to River Drive South.
On 11th Street South from 35th Avenue South to River Drive South.

LOCATION (Section 5):
On East Rose Creek Parkway South from University Drive South to 52nd Avenue South.
On Rose Creek Parkway South from East Rose Creek Parkway South to north end of cul-de-sac.
On Rose Creek Boulevard South from East Rose Creek Parkway South to 25th Street South.

LOCATION (Section 6):
On 53rd Avenue South from 20th Street South to east end of
cul-de-sac.
On 54th Avenue South from 20th Street South to east end of cul-de-sac.
On 55th Avenue South from 20th Street South to east end of cul-de-sac.
On 56th Avenue South from 18th Street South to Bishops Boulevard South.
On 18th Street South from 52nd Avenue South to 56th Avenue South.
On 19th Street South from north end of cul-de-sac to 158’ south of 56th Avenue South.
On 20th Street South from 52nd Avenue South to 56th Avenue South.

LOCATION (Section 7):
On 54th Avenue South from 11th Street South to University Drive South.
On 55th Avenue South from 11th Street South to 12th Street South.
On 11th Street South from 54th Avenue South to 55th Avenue South.
On 12th Street South from 54th Avenue South to 55th Avenue South.

COMPRISING (Section 1):
Lots 1 through 8, Block A, Replat of Blocks 3 & 4 Riverwood 2nd Addition.

Lots 1 through 12, Block 1.
Lots 1 through 6, Block 2.
All in Riverwood 2nd Addition.

Lots 1 through 6, Block 5.
Lots 1 through 15, Block 6.
Lots 1 through 8, Block 7.
All in Riverwood 3rd Addition.

Lots 1 through 8, Block 1.
Lots 1 through 8, Block 2.
Lots 1 through 8, Block 3.
Lots 1 through 11, Block 4.
All in Riverwood 4th Addition.

COMPRISING (Section 2):
Lots 1 through 8, Block 1, Keeneys 1st Addition.

Lot 8, Block 1, Pashley’s Addition.

Lots 1 through 10, Block 35, Keeney & Devitt’s 2nd Addition.

Block D, Chapin, Johnson & Barrett’s Addition.

Lot 2, Block 3.
Lot 2, Block 5.
Lot 1, Block 6.
Lots 1 & 2, Block 8.
All in Meritcare Addition.

Lots 1 & 2, Block 1, Meritcare 2nd Addition.
Lots 1 through 6, Block 1.
Lots 11 through 15, Block 1.
Lots 1 through 5, Block 2.
Lots 8 & 9, Block 2.
All in Yerxa & Franklin’s Addition.

Lot 2, Block 6, De Witt’s Addition.

Lots 7 through 12, Block 1.
Lots 1 through 6, Block 2.
All in Truesdell’s 2nd Addition.

Lots 9 through 17, Block 1.
Lots 1 through 13, Block 2.
Lots 1 through 6, Block 13.
Lot 12, Block 13.
Lots 1 through 6, Block 14.
All in Hector’s Addition.

Lots 7 through 12, Block 1, Satterthwaite’s Subdivision of Block 1 Chapin’s Addition.

Lots 1 & 2, Block 2.
Lots 8 through 12, Block 2.
All in Fleming’s Subdivision of Block 2 in Chapin’s Addition.

Lots 1 through 12, Block 3.
Lot 11, Block 4.
All in Huntington’s Subdivision of Blocks 3 & 4 Chapin’s Addition.

Lots 1 through 12, Block A.
Lots 1 through 10, Block B.
All in Replat of Kaufman’s Subdivision of part of Block 5 in Chapin’s Addition.

Lots C & D, Block 5.
Lots I, J, K, L, M, N, O, Block 6.
Lots A, B, C, D, H, I, J, K, L & M, Block 12.
Lots A, B, K, Block 13.
Lot B, Block 14.
Lots A, D, E, F & G, Block 17.
Lots B, C & G, Block 18.
All in Chapin’s Addition.

Lots 1 through 15, Block 7, Hasche’s Subdivision of Block 7 Chapin’s Addition.

Lots 1 through 24, Block 1, College Addition a Subdivision of Block 8 & 9 of Chapin’s Addition.

Lots 1 & 10 through 22, Block 10, Hobson’s Subdivision of Block 10 Chapin’s Addition.

Lots 1 through 24, Block 11, Stewart’s Subdivision of Block 11 Chapin’s Addition.

Lots 1 through 8, Block 1.

Lots 1 through 16, Block 2.
Lots 1 through 8, Block 3.
All in Montplaisir’s Subdivision of Lot A, Block 14 & Lot A Block 15 of Chapin’s Addition.

Lots 1 through 11, Block 16, Wilson’s Subdivision of Block 16 of Chapin’s Addition.

Lot 6, Block 18, Marelius Subdivision of Block 18 Chapin’s Addition.

Lots 1 through 4, Block 1, St. Paul’s Newman Center Addition.

Lot 1, Block 1, 701 Brew Addition.

Lots 1, A, B, C, D & E, Block 5.
Lots 1, 6, A, B, C, D, E, F, G, H, I, J & K, Block 6.
Lots 3 through 10, Block 7.
All in Harwood’s Addition.

Lots 4 & 5, Block 14, Harwood’s 2nd Addition.
Lots 1 through 13, Block 9.
Lots 1 through 6, Block 10.
Lots 10 through 14, Block 10.
Lots 1 through 6, Block 19.
Lots 8 through 10, Block 19.
Lots 1 through 10, Block 20.
All in Harwood’s 3rd Addition.

Lots 1 and 6 through 12, Block 1.
Lots 1 through 3, Block 2.
Lots 8 through 16, Block 2.
All in Stern’s Addition.

Unplatted lots W, X & Y, Part of Auditors Lots 6 & 7 of NW 1/4 of Section 6.

COMPRISING (Section 3):
Lot 2, Block 4.
Lot 1, Block 5.
All in the S & W Addition.

Lots 1 through 7, Block 1.
Lots 1 through 8, Block 2.
All in McVets Addition.

Lot 2, Block 1, Force Addition.

Lots 1 through 5, Block 1.
Lots 1 through 3, Block 3.
All in Centric Addition.

Lots 7 through 9, Block B, Morton’s Subdivision.

Lots 1, 2, 3, 8, 9 and 11 through 17, Block 3.

Lot 1, Block 5.
All in Westrac 2nd Addition.

Lot 2, Block 5, Tennefos’ 1st Subdivision.

Lot 7, Block 1.
Lots 6 through 8, Block 2.
All in Pete’s Addition.

Lot 1, Block 1, SRD Addition.

COMPRISING (Section 4):
Lots 1 through 5, Block 2.
Lots 1 through 27, Block 3.
Lots 1 through 23, Block 4.
Lots 1 through 18, Block 5.
All in Lemke Addition.

COMPRISING (Section 5):
Lots 1 & 2, Block 1, A Replat of Rose Creek Golf Course Addition.

Lots 1 through 38, Block 1.
Lots 1 through 13, Block 2.
All in Rose Creek 4th Addition.

Lots 1 through 29, Block 1.
Lots 1 through 32, Block 2.
Lots 1 through 23, Block 3.
All in Rose Creek 5th Addition.

Lots 1 through 31, Block 1.
Lots 1 through 7, Block 2.
Lots 1 through 13, Block 3.
Lot 1, Block 4.
All in Rose Creek 6th Addition.

Lot 1, Block 1.
Lot 1, Block 2.
All in Rose Creek 7th Addition.

Blocks 1 through 6, Sunset Memorial Gardens.

COMPRISING (Section 6):
Lots 2 through 11, Block 1.
Lots 1 through 13, Block 2.
Lots 1 through 39, Block 3.
Lots 1 through 14, Block 4.
All in Greenfield’s 1st Addition.

Lots 1 through 10, Block 1.

Lots 1 through 10, Block 2.
Lots 1 through 28, Block 3.
Lots 1 through 12, Block 4.
Lots 1 through 7, Block 5.
All in Greenfield’s 2nd Addition.

Lots 1 through 24, Block 1.
Lots 1 through 3, Block 2.
Lots 1 through 18, Block 3.
All in Greenfield’s 3rd Addition.
Lot 24, Block 1, Woytassek Addition.

Lot 1, Block 1, Schmit 1st Addition.

COMPRISING (Section 7):
Lots 1 through 23, Block 1.
Lots 1 through 17, Block 2.
All in River Vili Addition.

Lot 1, Block 1.
Lot 1, Block 2.
All in Riverview Place Subdivision.

Lot 1, Block 1, Riverview Place 2nd Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Asphalt Mill and Overlay Improvement District No. PR-22-F 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. PR-22-F:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PR-22-F 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 $4,334,794.33.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. PR-22-F:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. PR-22-F 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. PR-22-F 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 Asphalt Mill and Overlay 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 Asphalt Mill and Overlay Improvement District No. PR-22-F 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 Asphalt Mill and Overlay improvement is to be paid from State and Local Funds, and approximately 50% 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 Asphalt Mill and Overlay 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. PR-22-F:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. PR-22-F in the City of Fargo, North Dakota.

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.

Traffic Signal Improvements Improvement District No. TN-22-A (Hawk Signals at Essentia on 32nd Street South and at Sanford on 18th Avenue South):
Commissioner Gehrig moved the following action be taken in connection with Traffic Signal Improvements Improvement District No. TN-22-A:

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

Sanford Health on 18th Avenue South.
Essentia Health on 32nd Street South.

COMPRISING:
Lot 1, Block 1, Sanford South Campus Addition.
Lot 1, Block 1, Replat of D.S.I. Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Traffic Signal Improvements Improvement District No. TN-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. TN-22-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. TN-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 $300,022.38.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. TN-22-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. TN-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. TN-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 Traffic Signal Improvements 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 Traffic Signal Improvements Improvement District No. TN-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 the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Traffic Signal Improvements must be in writing and must be filed with the City Auditor's Office within 30 days after 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. TN-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. TN-22-A in the City of Fargo, North Dakota.

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.

Resident Comments:
Tracey L. Wilkie (via conference call) spoke on affordable housing; Victoria Johnson spoke on inclusivity and the school system; Branden Krieger spoke on masking and affordable housing; Will Thompson spoke on workforce housing needs; Christopher Coen spoke on the selection of the Police Advisory and Oversight Board and Zach Howatt spoke on the Authentic Housing proposal.

Parcels of Land in Ohmer’s Addition Rezoned (1258 Broadway North):
At a Hearing held on January 4, 2022 the Fargo Planning Commission recommended approval of a change in zoning from MR-2, Multi-Dwelling Residential and SR-3, Single Dwelling Residential to P/I, Public and Institutional 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 rezoning to P/I, Public and Institutional creates a single zone consistent with the Core Neighborhood Plan and the intent of C-O Conditional Overlay is to limit land uses and limits Immanuel Lutheran Church’s future sign. Of four neighborhood comments, he said, three had concerns about potential sign modification and one is from the Roosevelt Neighborhood Association. He said the current sign is nonconforming and the Church is seeking to update the sign.

Clint Podall, representing Immanuel Lutheran Church, said they are seeking to change the current sign to digital as it is difficult now to access and change the letters by hand, particularly in deep snow.
In response to a question from Commissioner Preston asking about sign regulations, Mr. Kress said it will be a digital sign and he understands the bottom portion would be replaced, about 16.6 square feet. He said a section in the LDC addresses frequency, hours, brightness, etc.

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

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

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

Application Filed by United States Axe LLC d/b/a United States Axe for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by United States Axe LLC d/b/a United States Axe for a Class "GH" Alcoholic Beverage License at 4265 45th Street South, Suite 147, 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.

Police Chief David Zibolski said the transfer was unanimously approved by the Liquor Control Board.
Commissioner Piepkorn moved the application be approved.

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

TischlerBise Economic Incentive Program White Paper Received and Filed:
Colin McAweeney, TischlerBise, (via conference call) shared the findings of the firm and their evaluation of Fargo’s economic development incentives program. He said the tasks that TischlerBise developed are response to the City’s request for services including the following:
Task 1: Project initiation – establishing a baseline of City of Fargo data and land use information for the study.
Task 2: Preparation of a White Paper on Economic Development Incentives. This will be a comparative analysis of the City’s economic development incentives and how these compare to other cities (with an emphasis on Midwest cities).
Task 3: Develop Economic Impact Model – the development of a modeling tool to evaluate the performance of Fargo’s tax incentives.
Task 4: Implement Economic Impact Model – a training session for City staff on the functionality and features of the model.
Mr. McAweeney gave a presentation focusing on Task 2, the comparative White Paper. When weather allows, he said, he will also be meeting with City staff to review Task 3 and Task 4 and to provide training on the Economic Impact Model.

In response to a question from Commissioner Strand asking whether they have examined successful models of lookback clawback components of incentives, Mr. McAweeney said his firm has not done that to much extent and to truly understand those economic impacts is a large undertaking and requires better reporting.

Commissioner Strand said the recently developed strategic plan for the Core Neighborhood Plan has a component expectation calling for inclusionary housing where incentives are offered, generally for market rate housing, a percentage of 10, 15 or 20 percent are affordable units whether in the same complex or not.

Mr. McAweeney said their approach is generally from the side of fiscal impact; however, it can be noted that is just one of many components for a policy, there may be other impacts than dollars and cents.

In response to a question from Commissioner Strand about the waterfront development program concept and whether this study should be done before the properties are offered for sale, Mr. McAweeney said the City needs to further explore what waterfront development means. He said there are items such as the partner, Moorhead, across the river, flood mitigation issues, environmental and cultural issues to be considered. For many communities, he said, waterfront development is embraced by the community as an amenity. A lot of communities have had great success with waterfront development, he said, which brings tourism and commercial development.

Commissioner Strand said regarding two-year incentives for building new homes, he has concerns that there has been a flip-flop in that it has changed from 60% of people living in homes they own to now nearly 60% of the community living in apartments. He said the City would not want to erode the home ownership aspect of the community by eliminating incentives. He said an apartment complex can be given 10-25 years of tax breaks; however, a home can have two years and it may have a 75-year life span of paying taxes, so he is not convinced that is a problem and there is a need to eliminate incentives on new homes.

Mr. McAweeney said the City is taking on less revenue in an incentive that may not contribute to a person’s decision to move to Fargo, there are market reasons why people choose to live in Fargo. The two-year exemption has been in place for some time, he said, and the change in home ownership has happened anyway, and it does not appear to be an incentive for people choosing to purchase single-family housing.

Commissioner Preston said she would favor having a Brown Bag Meeting and a deeper dig into the policy recommendations.

Assistant City Administrator Michael Redlinger said the Economic Development Incentive Committee will also have follow-up on recommendations that came from the report and when Mr. McAweeney comes to Fargo, he will present to that Committee. He said this is mid-process with the study and there will be additional follow-up.

Commissioner Gehrig said he likes the idea of looking at removing the two-year incentive. He said when unnatural dollars are introduced, inflation is seen in that market. He said the average price of a home in Fargo has skyrocketed over the last ten years, perhaps in part people are willing to buy a bigger house due to not having to pay two years of taxes. He said to the buyer it may seem like a lot of money, when in reality it is $2,000.00 or $3,000.00. Also, he said, there is a focus on infill and giving more to Downtown and green fields, and less investment in Core Neighborhoods.
Commissioner Piepkorn moved the Economic Incentive Program White Paper prepared by TischlerBise be received and filed.

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.

Ordinance Repealing Section 2-0106 of Article 2-01 of Chapter 2 of the Fargo Municipal Code Relating to Term Limits for City Commission Members Received and Filed: Resolution Proposing a Term Limits Ordinance to be Placed Before the City Voters at the June 2022 Election be Received and Filed and Placed on the Agenda at the same Meeting at which the City Commission is to Consider the Ordinance Repealing Section 2-0106 for Second Reading and Final Passage:
Assistant City Attorney Erik Johnson shared a proposed Ordinance that would repeal the existing term limits Ordinance and a Resolution proposing new term limits to be submitted for a City-wide vote on the ballot for the June 14, 2022 City Election. He said the effective date of the repealing Ordinance is designed to make repeal of the old law mesh with the proposed new law. The repeal of the old term limits law will take effect immediately prior to the effective date of the new term limits law, he stated, assuming the new law is approved by the voters, and the proposed new term limits Ordinance, if approved by the voters, will take effect ten days following certification of the Election results and repeal of the old law will take effect at the end of the ninth day following the same certification of the election results by the Canvassing Board. He said his intention in drafting the Resolution containing the new term limits law is that the new law closely match the wording of the law being repealed, with the wording only modified as needed for clarity so that it will be consistent with the November 2021 Order from the Cass County District Court interpreting the Ordinance. He said the proposed new Ordinance is intended to be applicable to seated City Commissioners described as Commission members “…holding office at any time during the period of January 1st through July 1st, 2022.” He said he is sharing the Resolution now so the Board can see it; however, it is not appropriate to act on it until the repealing Ordinance is enacted, it is to be received and filed. He said his goal was to change as little as possible and provide clarification, taking the court’s order and implementing it to recognize how a partial term may be treated.

Mayor Mahoney said there will be a newly seated Commission in July; perhaps it makes more sense to have that Commission take up term limits. For example, he said, if one of the current Commissioners now is here for three terms and runs for Mayor, they are only allowed one term as Mayor. He said he would be more inclined to allow five terms, three as Commissioner and two as Mayor. The vote could be whether the public wants term limits and then the Commission could be tasked with figuring that out, he said.

Mr. Johnson said in July he was directed to draft something to put the subject on the ballot as an advisory vote, and he presented the advisory vote Resolution at the meeting following the Court’s order. At that time, he said, it was converted from an advisory vote to sort of an up or down vote in mid-November.

Commissioner Preston said the issue of term limits should not be decided by those affected by it, it should be decided by the public. She said it seems negligent not to try to clarify the language based on the court’s decision.

Mayor Mahoney said the Commission is now suggesting a solution to the public; however, he asked whether the Commission has fully vetted it and are all the members comfortable with the Ordinance.

Commissioner Gehrig said the Commission already voted to put this on the ballot and the work now is getting the language correct. He said the only way to undo that vote and not have it on the ballot is to have someone who was in the majority vote for reconsideration.

In clarification to the proposed motions, Mr. Johnson said the Resolution will also contain another section that explains that due to the existing Ordinance that is being repealed and having voters vote on a new Ordinance, it will be clearly applicable to the current seated Commission and become effective ten days after election results have been certified. The City Auditor is to assemble the ballot language and likely will run it by the Board for comments, he said.

Commissioner Strand said he would like to bring up another topic that the way the timing flows for Commission member terms, in one instance a Commissioner could retain their seat and run for Mayor, while in the other instance one must either relinquish their seat to run for Mayor or run for Commission, one cannot do both. He said perhaps that topic could be looked at when Election issues are discussed.

Mr. Johnson said perhaps that could be taken up by the Election and City Governance Task Force.

Commissioner Preston moved the Ordinance Repealing Section 2-0106 of Article 2-01 of Chapter 2 of the Fargo Municipal Code Relating to Term Limits for City Commission Members be received and filed and placed on first reading at the next Regular Meeting of the Board.

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

Commissioner Preston moved the Resolution proposing a Term Limits Ordinance be placed before the City voters at the June 2022 Election be received and filed and placed on the agenda at the same meeting in which the City Commission is to consider the Ordinance Repealing Section 2-0106 for second reading and final passage.

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

Discussion on Negative Effects of Masking, Especially for Children:
Commission Gehrig said the letters and the copies of published articles he shared indicate an opinion that he shares that masking children does not protect children and may have negative implications. He said looking back and seeing decisions made with the information available it is important to see things that could have been better to improve in the future. He said just last month it was still a requirement that children be masked in schools. He said his email request to address the topic made its way to leadership at Fargo Cass Public Health (FCPH) and he received a reply that there are no evidence-based clinical trials linking developmental delays or other harms to the use of face coverings. He said based on that reply he emailed back to both the Health Officer and the Director asking if they were refusing his request and the response was that instead masking as a pandemic strategy would be placed on the next agenda, which was not what he asked for. He said he has had disagreements with departmental directors on various topics in the past and has been able to get honest responses and information to debate, and come to a resolution. He said he feels the department director is picking sides with the information.

Mayor Mahoney said the department head did not have evidence, which is an honest answer and cautioned Commissioner Gehrig not to shame a department head.

Commissioner Gehrig said the information is being given based on who is asking the question and a director sending emails to multiple Commissioners is a problem, plus not answering valid questions. The pros and cons of masking is a valid question, he said, and when he had asked about mobile vaccine clinics, he received an evasive answer and was told that person would talk to the Mayor. He said he wants his questions answered and this is not shaming, it is being honest with the public. He said due to obstruction by a couple of employees at FCPH he decided to get the information himself and three doctors in the community came forward and are willing to share their information.

Dr. Jean Gullicks (via conference call) said her specialty is working with children and their parents. She said she understands President Biden will end mask mandates on the day of the State of the Union address. She said as a nurse practitioner she sees several preschool children who have regressed in speech due to being sent home from school because they cannot keep their masks on. Much of her data comes from the Unity Project held in November with pediatric cardiology and psychiatrists, she said, and she has never seen this high level of anxiety, depression and suicide in children. She said masks are the most intrusive, dehumanizing and neurologically damaging practices that have been put into place. Day in and day out wearing masks is detrimental to children’s brain and neural development, she said, and it is not due to COVID-19, it is due to imposed mandates, and schools sending children home and disciplining them for not wearing masks. Reading faces is how children develop empathy, she said, and facial recognition, emotional expression and word production are learned by listening and reading faces.

Dr. Daniel Stanislowski (via conference call) said he holds a PHD in molecular biology and biochemistry and is the Chief Science Officer of the Midwest Public Health Coalition, a public information and action company that investigates, analyzes and ultimately provides science based information about issues of public health concern to the public. He said it is rare for a child to die from COVID-19, since the beginning of the pandemic 822 children between 0-17 have died out of a population of 73 million in this country and of those 230 who died with COVID-19 and pneumonia. He described how a large number of cases diagnosed as COVID-19 are false positives, shrinking the number of children affected. He said masking does not protect children as they are already safe and a number of studies demonstrate the biological reasons for this. He said flu is more dangerous to children than COVID-19 and masking was never considered for the flu and while there are studies showing masking stops the spread of respiratory viral illness, there are more that demonstrate masking does not stop the spread, so there is contradictory information. He said exhaled viral particles can remain airborne for hours and the small particles can penetrate even N95 masks. Masks did not work the first time, they did not work this time and they will not work subsequent times, he said, and do more harm than good, particularly to children.

Dr. Jake Schmitz said he is a practicing chiropractor and has a Master’s Degree in Human Nutrition and Functional Medicine and is working on his doctorate in Clinical Nutrition. The statement by the Health Officer that there are no studies showing that masks are dangerous is erroneous, he said, and he talked about studies showing surgeons do not like cloth masks, parents may not wash their children’s masks and there was a systematic review looking at 44 studies that showed significant problems and adverse health effects wearing masks. He said his contention is that if negatives are not even considered, that is a problem.

Commissioner Gehrig said even if people disagree, he would hope they look at research and the comments made here.

Commissioner Preston said she wants the public to understand that none of the information presented was endorsed by the Public Health Department, the Medical Director or any of the public health experts who consult with FCPH, in fact, they disagree. She said none of the Commissioners have the right to demand staff provide disinformation or even lie about what they know to be facts and a demand was placed on them asking them to jeopardize their professional licensure. She said a threat to go public with their refusal to go against their professional code of ethics is beyond the pale.

Commissioner Piepkorn said if Commissioner Gehrig or anyone desires something on the agenda, it goes on without edits or corrections. He said there was even a suggestion to remove it from the agenda.

Commissioner Gehrig said there was a moment in an email exchange when he was told by FCPH how they would put his request on the agenda; however, then he talked to the Executive Assistant and had it submitted on the agenda how he requested. He said they could have come and said that in their research they only found positives. Knowing the information from FCPH would be biased, he said, there is a need to identify what has been done incorrectly and move forward. He said in a position of leadership, there needs to be a lookback. He said the facts could be placed side-by-side and there can be agreement or disagreement; however, to not even say there are facts out there, it seems they are either not looking or lying.

At 6:28 p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Masking as a Pandemic Mitigation Strategy Withdrawn:
This item was withdrawn.

Sole Source Procurement with Interface Studio, Inc. for Continued Downtown InFocus Work Approved (SSP22027):
The Board received a communication from Planning Director Nicole Crutchfield stating Interface Studio, Inc. was hired in 2016 through a public RFP process for a comprehensive plan for Downtown and in 2018 the Downtown InFocus plan was adopted. She said it have been nearly four years since adoption and it is time to seek services from Interface Studio, Inc. to incorporate a status report and review against the plan’s stated goals, findings from the pandemic and community updates.

Commissioner Piepkorn moved the Sole Source Procurement with Interface Studio, Inc. in the amount of $73,900.00 for Continued Downtown InFocus Work 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.

Sole Source Procurement with czb, LLC for Implementation of the Core Neighborhood Master Plan Approved (SSP22028):
The Board received a communication from Planning Director Nicole Crutchfield stating staff is seeking a Sole Source Procurement to contract with czb, LLC to assist and provide support as City staff focus on the plan’s recommendation for housing reinvestment activities. She said czb, LLC will divide their work in three phases, with the goal to get the nonprofit development corporation ready to begin housing reinvestment activities in 2023. She said the phases are as follows:
Phase 1: Determine if a new organization is the direction the City wants to proceed and identify if it would have the support of the City Commission.
Phase 2: Confirm the details about the entity’s mission and create a conceptual structure of the staffing, Board make-up and preliminary five- year budget.
Phase 3: Formally establish and incorporate the new entity through the drafting of by-laws, corporate filing and interim staffing while identifying one to five-year goals and objectives.

Commissioner Strand moved the Sole Source Procurement with czb, LLC in the amount of $114,000.00 for Implementation of the Core Neighborhood Master Plan be approved.

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

Sale of City-owned Property at 1 2nd Street South Approved:
Director of Strategic Planning and Research Jim Gilmour said this item was on the agenda two weeks ago and at that time, it was referred to the Community Development Committee; however, they did not make any specific recommendations. He said they did appoint an Ad Hoc Committee to look at some housing issues. He and Commissioner Strand disagree on whether or not they were supposed to review these proposals again, he said, which is why it is on tonight’s agenda as a recommendation of the Economic Development Incentives Committee and Renaissance Zone Authority. The developer proposes to build a building to be called “Unite” with a $1,188,000.00 purchase price less any cost the City may have with platting, he said, and the money from the purchase will go to the Diversion Authority per the Joint Powers Agreement. He said the 7-story building will have 30 condominiums, 37 apartments, 15,000 square feet of commercial space and interior parking, with a cost of $28 million, with parking below grade and on the second floor. Construction would begin in the fall of 2022 with planned completion in late 2023, he said, and the developer will be requesting approval of 5-year Renaissance Zone incentive later. He said a motion would be to accept their offer, direct staff to create the plat for a good definition of where and what property is being sold. He said a sales agreement would include some claw back if they did not develop the property. This would be sort of an initial phase of accepting the offer, he said, then working on the details with the City Attorney. He said part of EPIC’s proposal includes a public amenity along the river that could be beneficial to both people in the neighboring Fargo Housing area and people using the public space.

Commissioner Strand said two weeks ago the Commission agreed to send the proposals to Community Development for review. He said the Community Development Committee met on February 15th and acted to create an Ad Hoc Committee to review these proposals and look into a long-range housing plan.

Commissioner Strand moved the item be tabled until the March 7, 2022 City Commission meeting so the Community Development Subcommittee can do what they were tasked to do and then report back to the full Commission to act with their guidance.
The motion died for the lack of a second.

Mayor Mahoney said there was confusion with what the Ad Hoc Committee was tasked with and he understood it was going to look at all types of housing proposals generally; however, not at each specific project. He was under the impression, he said, that the committee would look at everything going on Downtown. There are four low income projects currently, he said, the High Rise coming down for another low income project, plus the housing study is not done yet. He said he understood after the meeting two weeks ago, the topic would go to the Community Development Committee and for a vote whether or not to go ahead.

Commissioner Strand says he does not see anything wrong with taking a couple more weeks and engaging the committee tasked with discussing housing, there is not downside to that. He said, in his opinion, the role of Community Development Committee and the Economic Development Incentives Committee is to review and vet proposals that come to them and nowhere in their charge do they decide types of housing. It is not their job to pick winners and losers, he said.

Mayor Mahoney said the Community Development Committee was brought about as a group looking at community development funds at the time. He said there are no by-laws and no clear identity of the powers of that committee or what it is supposed to do. He said the Ad Hoc Committee would need to define itself. He said there seems to be competing committees, Economic Development Incentive Committee and Community Development and if the City Commission gets recommendations from both and they differ, which one does it take?

Commissioner Preston said it is very important to get the right people around the table to figure out a long-term strategy for housing and that is what is missing; however, that will not be done in two weeks and not with one subcommittee meeting. Unless there is that kind of conversation about what is desired in these City-owned lots, she said, she does not see any value in referring it back again.

Commissioner Gehrig said delays have an impact on development and costs, at some point the Board has to say “yes” or “no” and move forward.

Commissioner Strand said earlier in the meeting a consultant said one of the things Fargo needs in the area of economic development is a waterfront development plan. Are there more waterfront properties for the City to put into a plan, he asked, or will that be nullified. He said he does not presuppose the Community Development Ad Hoc Committee will overturn any recommendations; however, they should be heard. He said all Community Development talks about is housing and if that is not why it exists, perhaps it should not exist; however, since it exists, those assigned the task of talking about housing need to be listened to.

Commissioner Preston said by-laws and direction for that committee is needed. She said she knows that will take some staff work; however, it is needed.

In response to a question from Mayor Mahoney asking if her department has the capacity and staff to review the by-laws and direction for the Community Development Committee, Ms. Crutchfield said it does; however, it will take time. She said the Planning Department supports Mr. Gilmour as part of the three projects; however, they are removed from the three site location recommendations. She said her department is waiting for direction due to the motion being somewhat obscure when the Community Development members volunteered for the Ad Hoc Committee.

Commissioner Strand said when the Community Development Committee met, they were trying to vet the proposals and came against time constraints for the agenda. He said it was agreed to create the Ad Hoc Committee which was spurred by the notion of the three proposals and then long-term housing policy views were added.

Mayor Mahoney suggested the Community Development Committee be reconvened and the work of the ad hoc committee be defined. He said it needs to be clear what the Planning Department is expected to do. He said Commissioner Preston’s question on looking at the whole purpose and function of the Community Development Committee could be discussed.

Commissioner Piepkorn moved the Sale of City-owned property at 1 2nd Street South in the amount of $1,188,000.00 be approved and appropriate staff be directed to plat the property prior to the sale and draft a Development Agreement consistent with the City plans and the offer from the developer.

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

Discussion and Consideration of Offers for 419 3rd Street North Delayed:
The Board received a communication from Director of Strategic Planning and Research Jim Gilmour stating the Economic Development Incentives Committee and Renaissance Zone Authority met earlier today and the sale of this property was discussed and there was no recommendation. He said Authentic Housing was asked to provide more information within three weeks.

Report on the Firearms Ruling Delayed:
The report on the Firearms Ruling was delayed for two weeks.

Bids for Improvement District No. BR-22-A1 Rejected (32nd Avenue South Reconstruction Project): Project to be Rebid:
Assistant City Engineer Tom Knakmuhs said three bids were received for the 32nd Avenue South Reconstruction Project, which has an engineer’s estimate of $11.7 million. The three bids for the project were opened on February 11th, he said, and were $16.6 million, $18 million and $19.2 million. There are special assessments associated with this project, he said, and with the low bid price being greater than 40 percent of the engineer’s estimate, it is State law that the City must reject all bids. He said part of the issue may be the timing of the bidding, these types of large-scale reconstruction projects are typically bid in October or November of the year prior and this one being bid in early February created some issues for contractors that drove up prices. He said the current bidding environment has higher material supply and concerns of labor shortages. Another factor is the constraints of the project, he said, such as maintaining two lanes of traffic, narrow work zone and preserving boulevard trees. He said moving forward they will gather more information and will set up meetings with the three contractors that bid the project to get their input on what could be changed. He foresees discussions with consulting engineers and work to find out what may reduce costs, he said, with one option to close the corridor. A schedule for revisions and bidding will need to be determined, he said, and the plans will need to be updated and the project rebid. The engineers estimate will be updated based on current market conditions; however, they will not inflate the estimate to what the bids were due to it being important to modify the contract conditions for changes and reflect market changes.

Commissioner Gehrig said the concern he has heard from the public is that the longer it takes, the more things cost.

Mr. Knakmuhs said he has heard from suppliers and manufacturers that the PVC market is crazy right now with prices triple from a couple years ago; however, that should stabilize in the next year. He said asphalt will continue to be up with the price of oil, and so will diesel fuel, and it is unknown what steel prices will do. He said there is a potential that bid prices are higher next year as well.

In response to a question from Commissioner Piepkorn asking what happens to the State funds for this project if it does not happen this year, Mr. Knakmuhs said there is federal aid in the project tied to a fiscal year and as long as the project is rebid in October or November of this year, those funds are obligated to this project.

In response to a question from Commissioner Preston asking about notification to those special assessed about higher costs, Mr. Knakmuhs said there would not be an increase due to already hitting the cap cost for the paving on the project.

Commissioner Piepkorn moved the bids for Improvement District No. BR-22-A1 (32nd Avenue South Reconstruction Project) be rejected and the project be rebid in October of 2022.

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.

Flood Update:
Division Engineer Nathan Boerboom shared the status of the flood projects completed since 2009 that have appropriate elevations to accommodate the Metro Flood Diversion’s planned 37 feet flow through town for a 100-year flood event. He said 258 properties have been purchased in that time and over 400 purchased since 1990, plus 110 private property easements were purchased. He shared the projects finished and those scheduled. As far as the 2022 Spring Flood outlook, he said, the risk for significant flooding is a bit higher than historic risk. Drought conditions have improved from last summer, he said, and precipitation since October is average and river freeze-up was typical. He said the outlook is that if the remainder of winter is average with a normal snowmelt, the river stage could be 30 to 31 feet. He said if there is perfect weather the rest of winter and a perfect snowmelt, the river stage could be low to mid-20s. It is still unknown what the rest of spring is going to do, he stated, or how much more snow will come. A new forecast will be issued this week, he said, and attention will be paid to the weather and preparations will be in place for the range of forecasted levels issued by the National Weather Service.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Glenn and Ann Shamdas, 3024 37th Avenue South (5 year).
b. Karen L T/O/D Breivold, 405 23rd Avenue North (5 year).
c. Richard and Charlotte Feldman, 3301 Bohnet Boulevard North (5 year).
d. Kathryn Ulmer, 1253 11 1/2 Street North (5 year).
e. Aaron Wolters, 2013 30th Avenue South (5 year).
Commissioner Piepkorn moved the applications be approved.

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

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, March 7, 2022.

Second by Preston. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:14 o’clock p.m.