Board of City Commissioners - December 27, 2022
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 4:00 o'clock p.m., Tuesday, December 27, 2022.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.
Mayor Mahoney announced The City Commission will retire into Executive Session in the Red River Room for the purpose of attorney consultation regarding the pending litigation Romantix Inc. v. City of Fargo and Nicole Crutchfield, as well as reasonably predictable and threatened litigation regarding the property located at 924 5th Street South and Citizens for a Clean Environment, LLC and to receive its attorneys advice and guidance on the legal risks, strengths and weaknesses of an action of a public entity, which, to discuss these matters in open meeting will have a negative fiscal effect on the bargaining and/or litigation position of the City. Thus, an Executive Session for these matters is authorized pursuant to North Dakota Century Code 44-04-19.1 subsections 2, 5 and 9.
Commissioner Preston moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC Section 44-04-19.1 subsections 2, 5 and 9 to discuss said matters.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried
At 4:02 o’clock p.m. the Board moved to the Red River Room to discuss said matters in Executive Session.
Members present were: Kolpack, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
The Executive Session closed at 4:55 o’clock p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.
All Commissioners present. Mayor Mahoney presiding.
City Attorney Provided Authority to Retain Outside Counsel to Assist in Responding to Claims by Citizens for a Clean Environment, LLC:
Mayor Mahoney said a motion is being brought forward from the Executive Session that was just held.
Commissioner Strand moved to provide authority to the City Attorney’s office to assist the City in responding to any claims asserted by Citizens for a Clean Environment, LLC.
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.
Order of Agenda Approved:
Commissioner Kolpack moved the Order of the Agenda be approved moving Item No. “17” from the Consent Agenda to the Regular Agenda under Item No. “35” and withdrawing Item No. “31f” on the Regular Agenda.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.
Minutes Approved:
Commissioner Piepkorn moved that the Minutes of the Regular Meeting of the Board held on December 12, 2022 and the Special Meeting held on
December 21, 2022 be approved as read.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.
Consent Agenda Approved:
Commissioner Strand moved the Consent Agenda be approved as follows:
1. 2nd reading and final adoption of an Ordinance Amending Sections 25-1501, 25-1503, 25-1511 and 25-1512 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Definitions, License-Qualifications, Licensed-Premises Requirements for and Licenses-Termination, Suspension, Revocation and Sanctions.
2. Resolutions Relating to the Qualification of Members of the Board of Health (Attachment “A”).
3. Amendment to the Findings of Fact, Conclusions and Order for property located at 812 7th Street North.
4. City of Fargo Resolution Authorizing Officers to Make Deposits and Withdrawals (Attachment “B”).
5. Applications for Games of Chance:
a. St. John Paul II Catholic Schools for a raffle and raffle board on 2/3/23.
b. Centennial Elementary PTO for bingo on 1/27/23.
6. 2023 Legislative Priorities.
7. Release of Permanent Easement with Montplaisir Ag and Rental, LLP and Laverne A. Montplaisir Family Trust.
8. Satisfaction of Agreement for Document No. 1151314.
9. Access Easement (Storm Sewer, Sanitary Sewer and Water Main) with Southeast Cass Water Resource District.
10. Master Service Agreements for Consulting Engineering Services as presented for Project No. MS-23-A0 (RFP23005).
11. Exercising the option to piggyback on the Minnesota State Contract to purchase a riding sweeper/scrubber from Tennant Sales & Service Company (PBC22-186080).
12. Notice of Grant Award Amendment with the ND Department of Health and Human Services for the Ryan White Part B Program (CFDA #93.917).
13. Notice of Grant Award Amendment with the ND Department of Health and Human Services for COVID-19 Preventative Services Recovery (CFDA #93.391).
14. Agreement for Services with Great Outcomes Consulting, LLC.
15. Agreement for Services with Metro Plains Management.
16. Request for out-of-grade pay for Lieutenant Bill Ahlfeldt effective 1/2/23-3/19/23.
17. Agreement for Property Demolition with Pioneer LLC at 924 5th Street South (RFP22112)(moved to the Regular Agenda).
18. Amendment No. 1 of Subrecipient Agreement with Churches United for the Homeless.
19. Notice of Grant Award from the ND Department of Emergency Services Division of Homeland Security for a FY2022 State Homeland Security Grant (CFDA #97.067).
20. Service Contract Agreement with Liberty Business Systems, Inc. (PBC23-131).
21. Receive and file the November 2022 Traffic Enforcement Efforts.
22. Purchase of a digital whiteboard for the Criminal Investigations Division using federal seized assets in the amount of $3,546.76.
23. Awarding of RFP23006 AREA Project 1 to Carr’s Tree Service in the amount of $84,500.00 for winter pruning contract.
24. Bid awards for General Construction (Contract No. 1) to CC Steel, LLC in the amount of $9,065,000.00 and for Electrical Construction (Contract No. 2) to John’s Refrigeration and Electric Inc., in the amount of $365,950.00 for Project No. WA2158.
25. Task Order No. 22 with AE2S in the amount of $399,300.00 for construction services with Project No. WA2152, Primary Softening Basin Rehabilitation.
27. Bills in the amount of $16,686,507.36.
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.
Contract Amendment No. 7 for Improvement District No. MS-17-A0:
The Board received a communication from the Public Works Projects Evaluation Committee stating Contract Amendment No. 7 is for out-of-scope work on Improvement District No. MS-17-A0 (PN-19-B).
Commissioner Strand moved Contract Amendment No. 7 in the amount of $47,500.00 with Houston Engineering for additional work on Improvement District No. MS-17-A0 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.
Negative Final Balancing Change Order No. 4 for Improvement District No. PN-22-A1 Approved:
Commissioner Strand moved Negative Final Balancing Change Order No. 4 in the amount of -$355,221.95 for Improvement District No. PN-22-A1 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.
Contract for 52nd Avenue South, Sheyenne Street Construction Project Improvement District No. BN-23-A Approved:
Commissioner Strand moved the Contract between the City of Fargo and Industrial Builders, Inc. for 52nd Avenue South, Sheyenne Street Construction Project Improvement District No. BN-23-A in the City of Fargo, North Dakota, 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.
Contract Bond for 52nd Avenue South, Sheyenne Street Construction Project Improvement District No. BN-23-A Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
Hartford Accident and Indemnity Company, in the amount of $18,855,178.84, for 52nd Avenue South, Sheyenne Street Construction Project Improvement District No. BN-23-A in the City of Fargo, North Dakota.
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.
Contract for Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-C1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and Dakota Underground Company, Inc. for Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-C1 in the City of Fargo, North Dakota, 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.
Contract Bond for Paving and Rehab/Reconstruction Improvement District No. BR-23-C1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
United Fire and Casualty Company, in the amount of $3,492,318.62, for Paving and Utility Rehab/Reconstruction Improvement District No. BR-23-C1 in the City of Fargo, North Dakota.
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.
Resident Comments:
Kim Patterson and Jim Patterson, owners of Enchantasys, shared concerns about possible effects the Ordinance Amendment Relating to Adult Establishments may have on their stores; Mark Western, representing the interests of Enchantasys, said the proposed Ordinance Amendment lumps all adult entertainment into one and is not necessary as it relates to Enchantasys; Danial Curtis, 924 5th Street South, asked that the City not demolish his house; Christopher Coen said there should have been a provision in the City Administrator interviews to allow for additional candidates should some drop out; and Jolanda Anderson spoke in support of Danial Curtis.
Hearing on an Application Filed by ZaChase LLC d/b/a Crafty Taps for a Class “CWM” Alcoholic Beverage License Continued to January 9, 2023:
A Hearing had been set for this day and hour on the application filed by ZaChase LLC d/b/a Crafty Taps for a Class "CWM" Alcoholic Beverage License at 3902 13th Avenue South; however, City Auditor Steve Sprague has asked that this Hearing be continued to January 9, 2023.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on Monday, January 9, 2023.
Second by Preston. On call of the roll Commissioners Piepkorn, Preston, Strand, Kolpack and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application Filed by LYH LLC d/b/a Little Brother for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by LYH LLC d/b/a Little Brother for a Class "GH" Alcoholic Beverage License at 117 Broadway North, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
Commissioner Piepkorn moved the application be approved.
Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application Filed by KSB Syndicate, Inc. d/b/a Mangata Wine and Raw Bar for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by KSB Syndicate, Inc. d/b/a Mangata Wine and Raw Bar for a Class "I" Alcoholic Beverage License at 1666 1st Avenue North, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said the Class “I” Alcoholic Beverage License is for beer and wine and allows a physical bar with a requirement of 65 percent food sales. He said there was discussion on the licensed premise location, which is within Brewhalla, which Drekker Brewing is building. He said both the State and the City identify a licensed premise as the area where the alcohol is sold. Discussion at the Liquor Control meeting centered on the licensed premise of Mangata being within the licensed premise of Drekker, he said; however, this is allowed due to the licensed premise being where the alcohol is sold and the consumption aspect will be under the license of Drekker Brewing.
Commissioner Piepkorn moved the application be approved.
Second by Preston. On call of the roll Commissioners Piepkorn, Preston, Strand, Kolpack and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Mayor Mahoney read a message with the following information: the Library’s online Winter Reading Challenge runs through February 26th and Adult Yin Yoga sessions will be held Tuesdays in January. There have been big snowfalls already this season and Fargo Public Works hauls thousands of truckloads of snow to a site for Mount Fargo near the Landfill. A video was shown featuring Mount Fargo, which will continue to rise to nearly 100 feet tall by winter’s end.
Application to Transfer the Alcoholic Beverage License from Concessions Management, LLC d/b/a Concessions Management to Fargo Force Hockey Club LLC d/b/a Fargo Force Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "N" Alcoholic Beverage License from Concessions Management, LLC d/b/a Concessions Management to Fargo Force Hockey Club LLC d/b/a Fargo Force at 5225 31st Avenue South notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said the Class “N” Alcoholic License allows alcohol consumption at the Scheel’s facility and the transfer is due to the death of one of the owners.
Commissioner Piepkorn moved the application be approved.
Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application to Transfer the Alcoholic Beverage License from 3803 Hospitality, LLC d/b/a Holiday Inn Fargo to 3803 Spirits LLC d/b/a Holiday Inn Fargo Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "ABH" Alcoholic Beverage License from 3803 Hospitality, LLC d/b/a Holiday Inn Fargo to 3803 Spirits LLC d/b/a Holiday Inn Fargo at 3803 13th Avenue South notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said this transfer is due to an ownership change of the Holiday Inn.
Commissioner Piepkorn moved the application be approved.
Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application to Transfer the Alcoholic Beverage License from 3803 Hospitality LLC d/b/a Holiday Inn Express Fargo to 3803 Spirits LLC d/b/a Holiday Inn Express Fargo Withdrawn:
This item was withdrawn.
Update on 2nd Street Pedestrian Bridge Project:
Transportation Division Engineer Jeremy Gorden said Engineering staff and KLJ have been making progress on concept alternatives for the 2nd Street Pedestrian Bridge. The project has been in the works for about a year, he said, and some decisions need to be advanced and the project needs to be bid in about a year.
Wade Kline, KLJ, said from a staff perspective, they felt it important to come back to update the Board. He said their work is to thread the needle from some earlier visions and the footprint that has begun within the Civic Plaza and fit the bridge concept into the overall vision. The bridge is an opportunity to catalyze things and answer some questions, he said, although there is uncertainty for other elements of the plaza. Initial concepts included six designs for a pedestrian bridge, he said, and good feedback was received from stakeholders and the public.
Scott Middaugh, KLJ, shared three finalized options. He said due to placing a portion of the structure within the 100-year floodplain and the floodway, they have to look at how that affects the river profile during that 100-year flood. They struggle to get a no-impact for Concepts “B” and “C,” he said, the flood elevation for the river is elevated very slightly; however, with Concept “A” it is possible to achieve a “no rise,” plus there are low tree impacts. He said Concept “A” is estimated at $11 million, Concept “B” at $10 million and Concept “C” at $6 million and the public preferences indicated the most votes were for Concept “A.” Costs are driven up on the structures by having curves that do not allow for typical bridge construction in this area, he said, there is lots of labor, goods shipping and such, plus the bigger the bridge the higher the cost. There is a strong message from the public that costs are important, he said, so they examined a revised alternative, shortened with less curvature and incorporated lighting. The revised concept would be $400-$500 per square foot, he said, or a price point of about $3.7-$4.8 million. As far as funding, he said, $2.4 million through the Urban Grant Program is already secured and requires a 20 percent local match, $850,000.00 could be available through the Carbon Reduction Program and also requires a 20 percent local match, thus $4 million is almost secured for the project. Mr. Middaugh outlined next steps and said if all goes well the project will be bid in November 2023.
Commissioner Preston said concerns about cost have not gone away; yet the desire for an iconic structure has. She said it could end up being a bridge no one likes, not for cost or for appearance. She said she would not support proceeding until there is a more clear picture on what the Plaza will eventually be.
In response to a question from Commissioner Preston asking if there is intent to go back to the public to ask about the revised design, Mr. Middaugh said that is an option if the Board desires.
In response to a question from Commissioner Strand asking if there is outreach to Moorhead to formally ask if they would like, or could participate, and if so, to what degree or what commitment they could make, Mr. Middaugh said the Moorhead City Engineer said they do not have the funds now.
In response to a question from Commissioner Strand asking what the cost burden may be if the bridge were able to span to Moorhead, Mr. Middaugh said that may come down to the river hydraulics and what mitigation may cost.
In response to a question from Commissioner Strand asking if elements from the old cultural bridge in the Smithsonian could be applied, Mr. Middaugh said if the project goes forward, their landscape architect is going to see if any aspects of that Michael Gage Bridge could be incorporated.
Mr. Gorden said the goal of this project is the greenway over the floodwall and into Downtown. He said it is not a project that has been identified either by the State of Minnesota or the City of Moorhead as an important place for a pedestrian bridge. He said it may cost almost double to span over the river, he said, and if the project incorporates a bridge with a ninety degree bend in it, that could be a place where a bridge from Moorhead could tie into it in the future. He said the Carbon Reduction Program funding source is pending due to an issue of it not being clear if MetroCOG or the State of North Dakota allocates the funds.
In response to a question from Commissioner Strand asking when the deadline would be for making a decision as far as Federal and State grants, Mr. Gorden said a project needs to be bid out by next December, so final plans must be in place by May. The decision on the project and preferred alternative could wait until it is known about whether the Carbon Reduction Program funding is available, he said. The Urban Grant Program is specifically for downtown areas and is competitive, he said, so if this project is a no-go the funds would likely go back and be allocated the next go around. There is not another project to quickly move it to, he stated.
Liaison Commissioner Assignment Change Approved:
Mayor Mahoney said with the 2023 Legislative session beginning soon, Commissioner Kolpack will be taking on additional Legislative work; therefore, she would like to begin transitioning the Human Rights Commission Liaison Assignment to Commissioner Strand.
Commissioner Kolpack moved that Commissioner Strand be appointed as the Liaison Commissioner to the Human Rights Commission.
Second by Strand. On call of the roll Commissioners Kolpack, Strand, Preston, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Michael Redlinger Appointed City Administrator:
Mayor Mahoney said the City conducted a national search for prospective candidates for the position of City Administrator and 31 applications were received. The Selection Committee named four finalists for in-person interviews, he said, and following the interview process, the Selection Committee recommended the appointment of Michael Redlinger to the position of City Administrator.
Commissioner Kolpack said she commends Mr. Redlinger on his interview with the Selection Committee on December 16th. She said it is a success to promote from within and she feels this is a solid choice and the best choice.
Mr. Redlinger thanked the Board for the opportunity to participate in the process and said he appreciates being a part of it. He has been with the City for six years, he said, and he looks forward to the next steps and serving as the City of Fargo’s City Administrator.
Mayor Mahoney said he would encourage each of the Commissioners to take some time within the next month to sit down with Mr. Redlinger and visit about wants and needs. He said Mr. Redlinger will be meeting with Department Chairs to get a sense of where the City is going.
Commissioner Piepkorn moved the recommendation to appoint Interim City Administrator Michael Redlinger as City Administrator effective immediately be approved.
Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Request for a 120-day Extension to the Dangerous Building Action on Property Located at 924 5th Street South Denied:
Inspections Director Shawn Ouradnik said a request for a 120-day extension for the demolition of the structure at 924 5th Street South was received by the Inspections Department from property owner Danial Curtis on December 20, 2022. The request was made citing the weather, lack of proper noticing of action being taken and an alleged violation of his constitutional rights, he said. The Inspections Department has requested extensions for other dangerous buildings recently that have had extenuating circumstances, he stated, including change in ownership, legal foreclosure proceedings, proof of funding and a clear method in place to cure deficiencies. These requests were all made within the time lines stipulated for appeals during the dangerous building process, he said, and proper noticing has been given for all actions taken by the Inspections Department for this property. He said Mr. Curtis' request does not meet any of the circumstances listed above and has come after the appeal time frame has expired; therefore, staff recommends denial of the request.
Commissioner Piepkorn moved the request for a 120-day extension to the dangerous building action on property at 924 5th Street South be denied.
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.
Agreement for Property Demolition with Pioneer LLC at 924 5th Street South Approved (RFP22112)(Moved from the Consent Agenda):
Commissioner Kolpack moved the Agreement for Property Demolition with Pioneer LLC at 924 5th Street South be approved.
Second by Strand. On call of the roll Commissioners Kolpack, Strand, Preston, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Purchase and Development Agreement for Sale of Property at 501 Main Avenue to 501 Main Ave DevCorp, LLC Approved:
Director of Strategic Planning and Research Jim Gilmour said the City Commission voted to select JLG Development/F.I. Salter to purchase and develop a site on the northeast corner of Main Avenue and Broadway. City staff was directed to plat the property and draft an agreement consistent with the offer from the developer, he said. The plat has been approved and a purchase and development agreement is ready for approval, he said. Preparation of the purchase and development agreement took much longer than planned, he said, and the agreement was delayed due to time needed to address ownership of the right-of-way on the west side of the site, address the use of the Island Park Ramp following its sale to Bell Bank, obtain approval of a pedestrian crosswalk and changing market/economic factors. The terms of the agreement include a purchase price of $505,000.00, and the developer will be required to construct a building with at least 4 stories with parking below grade level, commercial/office space on the first floor and housing or offices on the upper floors. He said the current plan is for below grade parking, office space on floors 1 and 2 and residential condos on floors 3 and 4. There may be another floor of office space on the third floor with housing on floors 4 and 5, he said, which meets the minimum criteria of the request for proposals; however, it is less than the original 6-story concept. The sale will be completed prior to 6/30/2023, he said, construction will start prior to 7/31/2023 and the City has the option to repurchase the property if construction does not start by 7/31/2023. The developer has received approval of Renaissance Zone benefits and may request modification of that plan, he said, and no other incentives will be granted by the City. The City will construct and pay for a crosswalk between the parking ramp and the development, he said, with an estimated cost of up to $250,000.00.
Commissioner Piepkorn pointed out the area reserved for public art and he said he hopes something special goes there.
In response to a question from Commissioner Preston asking how the purchase price was established, Mr. Gilmour said the City Assessor has it valued at $392,000.00 and four proposals were received, which were all about the same.
In response to a question from Commissioner Preston asking if the crosswalk is at grade or elevated, Mr. Gilmour said it is at grade, similar to a Hawk.
Commissioner Preston moved the Purchase and Development Agreement for the sale of property at 501 Main Avenue to 501 Main Ave DevCorp, LLC 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.
Second Reading and Final Adoption of an Ordinance Amending Sections 20-0401,20-0402, 20-0403 and 20-1202 of the Fargo Municipal Code (Land Development Code) Relating to Adult Entertainment Centers and Adult Establishments:
Commissioner Piepkorn moved to waive second reading at length of an Ordinance Amending Sections 20-0401, 20-0402, 20-0403 and 20-1202 of the Fargo Municipal Code (Land Development Code) Relating to Adult Entertainment Centers and Adult Establishments.
Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Commissioner Preston moved that the proposed Ordinance Amending Sections 20-0401, 20-0402, 20-0403 and 20-1202 of the Fargo Municipal Code (Land Development Code) Relating to Adult Entertainment Centers and Adult Establishments, which was placed on its first reading December 12, 2022, be now placed on its second reading and a vote taken on the question of its final passage and adoption.
Second by Kolpack. On call of the roll Commissioners Preston, Kolpack, Piepkorn and Mahoney voted aye.
Commissioner Strand voted nay.
The motion was declared carried.
Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. David and Carolyn Boutain, 1222 5th Street North (5 years).
b. Leslie Laam and Justin Walden, 2521 Lilac Lane North (5 years).
c. Stephanie Rasmussen, 109 15th Avenue North (5 years).
d. Travis and Anne Christensen, 105 Meadowlark Lane North (5 years).
e. David and Brittney Piper, 2825 Maple Street North (5 years).
f. Mark and Kathy Schmitt, 2529 58th Avenue South (5 years).
g. Neil Ebeling and Jessica Magness, 2425 East Country Club Drive South (5 years).
h. Dawson and Karly Schefter, 1315 9th Street South (5 years).
i. Geoffrey Childress and Christine Dotzenrod, 2501 38th Avenue South (5 years).
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:
Commissioners gave reports on the Boards and Committees on which they serve.
Commissioner Preston moved that the Board adjourn to 5:00 o’clock p.m., Monday, January 9, 2023.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:08 o’clock p.m.