Fargo City Commission - April 3, 2023

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 4:30 o'clock p.m., Monday, April 3, 2023.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

Mayor Mahoney announced that the City Commission will retire into Executive Session for the purpose of attorney consultation regarding the pending litigation with Northstar Hospitality, LLC d/b/a SouthTown PourHouse v. City of Fargo, Case
No. 09-2020-CV-02871 to discuss negotiating strategy or provide negotiating instructions to its attorney. To discuss these matters in an open meeting will have a negative fiscal effect on the bargaining and/or litigation position of the City. An Executive Session for said matter is authorized pursuant to by NDCC, Section
44-04-19.1 subsections 2 and 9.
Commissioner Kolpack moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC Section 44-04-19, subsections 2 and 9 to discuss said matter.

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

At 4:32 o’clock p.m. the Board moved to the Red River Room to discuss the said matter in Executive Session.
Members present were: Kolpack, Piepkorn, Preston, Strand and Mahoney.

The Executive Session closed at 4:54 p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.

Commissioner Piepkorn moved to direct the City Attorney to work with the City Auditor and the Liquor Control Board to present a revised Ordinance regarding inclusion of food sales from sources other than a licensee’s kitchen.

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.

The Mayor read a message with the following information: Fargo Cass Public Health is hosting a Spring Open House today; Adolescent Immunization Action Week, which starts today, is a great time to make sure teens are up to date on important immunizations; the Library’s Northern Focus photography project starts today; a Craft Supply Swap is April 15th at the Downtown Main Library; Water Utility Director Troy Hall recently attended an American Water Works Association Water Matters event in Washington, D.C.; and a video was shown about pollinators.

Order of Agenda Approved:
Commissioner Kolpack moved the Order of the Agenda be approved.

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

Minutes Approved:
Commissioner Preston moved that the Minutes of the Regular Meeting of the Board held on March 20, 2023 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. Grant Agreement with ND Department of Corrections and Rehabilitation and its Division of Juvenile Services, the ND Association of Counties, Cass County, City of West Fargo and Youthworks.
2. Receive and file an Ordinance Repealing Section 25-1504.3 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Mandatory Meeting and an Ordinance Amending Section 25-1504.4 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Additional Requirements for Class FA-Entertainment Licenses.
3. 1st reading of an Ordinance Amending and Repealing and Replacing
Article 18-09 of Chapter 18 of the Fargo Municipal Code Relating Excavation Code.
4. Amended Site Authorization for Metro Sports Foundation at Mexican Village.
5. Applications for Games of Chance:
a. Anne Carlsen Foundation for a raffle on 4/15/23.
b. Fargo North High School for a raffle on 4/15/23.
c. Hope Blooms for bingo on 4/15/23.
d. St. Joseph’s School for a raffle on 4/22/23.
e. YWCA Cass Clay for a raffle on 4/24/23.
6. Amendment to Permanent Easement with North Dakota State University.
7. Access Easement (Water Main) with Southeast Cass Water Resource District (Project No. UN-23-A1).
8. Contract Amendment No. 2 with MetroCOG in the amount of $50,000.00 for Project No. MS-21-H0.
9. 2023 Policy on Stormwater Discharge and Treatment Requirements.
10. Agreement Regarding Special Assessments (Samuel Property) with Clarence W. Samuel, as Trustee of the Clarence W. Samuel Revocable Living Trust #2.
11. Permanent Easements (Street and Utility) and Easements (Temporary Construction Easement) with Robert L. Nelson Revocable Trust and County 20 Storage & Transfer, Inc., and Agreement Regarding Deferral of Special Assessments with County 20 Storage & Transfer, Inc.
12. Memorandum of Offer to Landowner for purchase of a fee acquisition, permanent easement, temporary easement and permanent access easement from 3739I29 Partners, LLP (Project No. NR-23-A1).
13. Bid award to Sun Electric, Inc. in the amount of $142,000.00 for Project
No. NR-23-B1.
14. Amendment No. 1 in the amount of $99,930.00 with Bolton & Menk, Inc. for Improvement District No. BN-25-A0.
15. Change Order No. 1 in the amount of $52,250.00 for Improvement District No. BR-23-B1.
16. Easement (Temporary Construction Easement) with the Park District to the City of Fargo (Improvement District No. BR-23-J1).
17. Easement (Temporary Construction Easement) with the YMCA of Cass and Clay Counties (Improvement District No. BR-23-J1).
18. Bid award to Dirt Dynamics in the amount of $181,034.00 for Improvement District No. AN-22-B1.
19. Bid award to Border States Paving, Inc. in the amount of $3,773,510.60 for Improvement District No. PR-23-E1.
20. Create Improvement District No. BR-23-H.
21. Create Improvement District No. TN-23-A.
22. Create Improvement District No. PN-23-A.
23. Create Improvement District No. PN-23-C.
24. Bid award and Contract with JLG Architects in the amount of $17,168.00 for the Fargo Public Libraries Sunshades Replacement Project (RFQ23059).
25. Bid award for Residential Curbside Brush Operations – 2023 to Carr’s Tree Service, Inc. (RFP23047).
26. Services Agreement - Lawn Maintenance Services with JT Lawn Services (RFP23056).
27. Bid award for the 2023-2025 Aerial Mosquito Control Services with Airborne Vector Control, LLC and Mosquito Spraying Agreement (RFP23049).
28. Authorization Application for Airborne Vector Control.
29. Bob Woodruff Foundation Grant for the ND Cares Veterans Program.
30. Amendment to the Notice of Grant Award from the ND Department of Health and Human Services for PHEP-EPR All Hazards Allocation (CFDA #93.069).
31. Notice of Grant Award from the ND Department of Health and Human Services for Title X Family Planning Program (CFDA #93.217).
32. Amendment to the Notice of Grant Award from the ND Department of Health and Human Services for the PHEP-EPR Statewide Response Team (CFDA #93.069).
33. Direct the City Attorney’s Office to prepare the necessary changes to the International Residential Code to include a passive radon mitigation system requirement.
34. Multi-Agency Law Enforcement Agreement with the ND Bureau of Criminal Investigation for the Internet Crimes Against Children Task Force Program.
35. Sole Source Procurement with Reile’s Transfer and Delivery Inc. for Project No. WA2255 (SSP23068).
36. Contract and bond for Project No. PR-23-A1.
37. Bills in the amount of $16,225,320.25.

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

Spring Flood Outlook:
Division Engineer Nathan Boerboom said much has changed over the past two weeks and the weather forecast now is for colder than normal temperatures, a delayed melt and significant above normal precipitation. There are currently about four to six inches of moisture in the snowpack, he said, and the moisture will be coming to Fargo through various rivers; therefore, as of today, Fargo is planning on a 38-foot river crest. In 2009 between Fargo and Moorhead, he said, there were 70 miles of emergency measures and more than 7 million sandbags needed. In 2011, it was just shy of a 39-foot crest, which might be closer to what Fargo will experience this year, he said, where 30 miles of emergency measures and almost 2 million sandbags were needed. Since 2011, Fargo has completed a lot of work up and down the river corridor and drain system, he said, and to date about 27 miles of levees have been constructed. He said Engineering has developed plans for 37-, 38- and 39-foot crests. If there is a 38-foot crest, emergency measure locations will be scattered all over town, he said, with roughly 23 locations that would need an emergency clay levee, a rapid deploy product such as a TrapBag or sandbags. Fargo has coordinated with Cass County, he said, who is going to be completing the sandbag filling operations at their facility in West Fargo. Cass County is coordinating all the volunteer efforts, he said, so anyone looking to volunteer can go to Cass County’s website to learn about opportunities. As of today, four days of operations will happen starting April 11th from 9 a.m. to 8 p.m., he said, and Cass County is working with the various school districts to get them engaged during normal business hours. On April 14th, depending on the forecast, he said, and if there are any river reactions upstream, sandbag filling operations may need to continue, and the County is prepared to keep that operation going if the river is projected to go higher than the current plan. At 38-feet, he said, the goal is 100,000 sandbags with 20,000 for Fargo. He said a few RFPs are needed for outside assistance for necessary materials for filling TrapBags, as well as the crushed concrete or rock needed for emergency levee operations, the installation of those emergency measures as well as traffic control due to street closures. He said Public Works is working on standby pumps for the stormwater pump stations and preparing for any transport needs for the sandbags. He said there are 85 stormwater pump stations throughout the City so once the river reaches a level of 25 feet, all gates will be closed and the City will be in the 100 percent pump situation. At 30 feet, he said, Public Works will start installing all the removable closures and he anticipates water will be on almost all of them this year. The first road closure is Elm Street at 18 feet, he said, then the 12th Avenue North Bridge at 28 feet, at 32 feet is when the removable closure is added at First Avenue and that will limit that bridge from being open. He said at 37 feet, 52nd Avenue is closed, at 39 feet the bridge at 36th Street and 40th Avenue by Fleet Farm is closed and then the bridge on 25th Street South by Rose Creek and the bridge on 52nd Avenue South over Drain 53 near Suite Shots will be closed, and all of these closures will impact the traveling public.

Emergency Declaration Resolution for the City Approved:
Mayor Mahoney said the Emergency Declaration will be in effect for 30 days and after that period of time, the City Commission will meet to vote on continuing it.
Commissioner Kolpack said there are many new residents who have moved into the area who probably have never gone through an event like this, and it will be important to have good, robust communication with the public. She said 100,000 sandbags does not seem like much; however, 80 to 100 people are needed on the spider to make it functional, so volunteers are really needed.
Commissioner Piepkorn moved that the Resolution titled “City of Fargo, North Dakota Emergency Declaration,” and referred to as Attachment “A,” be approved and attached hereto.

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

Petition Requesting the Rezoning of Certain Parcels of Land in Erskine’s Addition Denied (1117 and 1155 13th Avenue South):
A Hearing had been held by the Fargo Planning Commission on March 7, 2023 for the purpose of considering a petition requesting that the zoning be changed to repeal and re-establish a C-O, Conditional Overlay in Erskine’s Addition, and the Fargo Planning Commission at such Hearing recommended to the Board of City Commissioners that the change in zoning as petitioned for be denied.
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 the applicant requests a zoning change to repeal and re-establish a C-O, Conditional Overlay in a LC, Limited Commercial zone to allow a taller monument sign of about 12.5 feet as the current C-O only allows a monument sign of no more than 8.5 feet. The existing sign, he said, was damaged by a vehicle impact in March 2022 and the applicant believes that by further elevating the sign, the electronic screen part of the sign will be high enough to avoid damage from future vehicle impacts. He said as part of the required notification process the Hawthorne, Jefferson and Clara Barton Neighborhood Associations were notified and a representative of the Jefferson Neighborhood Association had no objection to the proposed sign height increase and a representative from the Hawthorne Neighborhood Association opposed the proposal saying the scale of the sign was not appropriate to the size of the building and that this is a neighborhood setting. The sign code was revised in 2010, he said; however, the limitations on the signs did not change. He said the existing C-O makes considerable allowance for sign size in what is otherwise a neighborhood commercial zone.
Steven Stremick, 1155 13th Avenue South, said the reason he is asking to raise the height of the sign is due to the fact that an uninsured driver hit the sign. He said they he wants to embed concrete posts into the landscaping so that no matter what direction a vehicle would come at it, it would stop the vehicle. He said it costs $100,000.00 for a sign like this and he does not want to do it again. The sign could stay at eight feet, he said, and he does not know yet what the final height will be due to a shortage of parts and what the height of the reinforcements will be. He said he just wants to get some barriers in place so the sign is protected. He heard comments at the Planning Commission about safety, he said, and there has never been a study that says electronic signs increase accidents. He said there are electronic signs everywhere in the City and if they are dangerous, they should not be allowed. The sign has been up for 10 years, he said, and has never caused anybody any harm. He said he owns many properties at this intersection and everything in that area is commercial. He said people say his properties are the entrance to the Hawthorne Neighborhood; however, it is the exit to that neighborhood due to the fact that the road goes south. He said he donates the sign to many charitable organizations, he pays for the power and whenever anybody calls to use it, he does not say “no.” The City has never had a complaint about the sign, he said, all he wants to do is increase the safety of the sign, he did not receive any reimbursements from the driver who hit the sign so he is a one man show. He said he is asking for what is fair; he was fair with the City 10 years ago, he could have gone as high as he wanted when he won in court; however, he compromised and now he expects the City to do the same.

In response to a question from Mayor Mahoney asking if metal posts could be cemented in around the sign, Mr. Stremick said that is what he will be doing but he wants to bury the posts as he wants the sign to look nice.

In response to a question from Commissioner Strand asking about the one vote in favor of this at the Planning Commission, was that somebody wanting the sign to be bigger and taller, Mr. Kress said Commissioner Rosenberg was the vote in favor and he does not know that he stated a reason specifically for voting in favor of it.

In response to a question from Commissioner Strand asking would this be allowed with the City’s future LDC expectations or would it be grandfathered, Planning Director Nicole Crutchfield said she does not know where the LDC is going to land, it is still pretty far out there. She said as far as the aspect of design standards and more of a form-based code like the LDC, it is going to be more about the design of it than anything else.
Commissioner Preston moved the petition requesting the rezoning of a certain parcel of land in Erskine’s Addition be denied.

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.

Parcels of Land in Adams Seventh Addition Rezoned (2865, 2955, 2959, 2963, 2967, 2971, 2975, 2979, 2983, 2987, 2991, 3825, 3829, 3833, 3837, 3841, 3845, 3849, 3853, 3857 and 3861 Thunder Road South):
At a Hearing held on March 7, 2023 the Fargo Planning Commission recommended approval of a change in zoning from GC, General Commercial with a CUP, Conditional Use Permit to LI, Limited Industrial 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 the property is currently under construction for shop condo shell buildings that may include industrial uses. The existing CUP was put in place to protect the surrounding residential properties, he said, while allowing industrial uses per Land Development Code Section 20-0402.R. This section has requirements such as restrictions to the location of where an industrial use can be located, he stated, and as the site is being constructed, potential tenants applied for renovation permits to fit-up some buildings that are not allowed under the current zoning and CUP. He said staff determined that this zone change will give potential tenants flexibility on their proposed uses and the C-O will include restrictions for the development to continue to protect surrounding residential properties.

In response to a question from Mayor Mahoney asking what tenants are moving into the buildings, John Benson, SJ Thunder Road, said it is different types of tenants including a dry wall installer, a photographer, a house framer and a snow removal business.
Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by Kolpack. On the vote being taken on the question of the adoption of the Resolution Commissioners Preston, Kolpack, 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 Adams Seventh 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 Adams Seventh Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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.

Hearing on a Zoning Change for Valley View Estates Fourth Addition Continued to May 1, 2023 (3606-4890 Decorah Way South):
A Hearing had been set for this day and hour on a zoning change and plat for Valley View Estates Fourth Addition; however, staff is recommending the Hearing be continued to Monday, May 1, 2023.
Commissioner Preston moved the Hearing be continued to 5:15 o’clock p.m. on Monday, May 1, 2023.

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.

Parcels of Land in Amended Plat of Oak Grove Addition Approved (18, 24, 26, 40, 42, 44, 46, 60, 62, 64, 66, 68, 70, 92, 94, 96, 98, 100, 110, 118, and 124 North Terrace North; 723 and 724 North River Road North; 9 Lower Terrace North; 17, 23, 27, 31, 33, 37, 41, 45, 49, 53, 63, 65, 75, 79, 83, 87, 88, 93, 95, 99, 125, 129, 135, 136, 139, 140, 144, and 145 South Terrace North; 101, 150, and 170 Maple Street North; and 1 River Road North):
At a Hearing held on March 7, 2023 the Fargo Planning Commission recommended approval of a change in zoning from SR-2, Single-Dwelling Residential, SR-3, Single Dwelling Residential, MR-2, Multi-Dwelling Residential and AG, Agricultural to P/I, Public and Institutional.
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 Oak Grove High School, the City and the Park District are proposing the zoning amendment. He said the Park District property is Oak Grove Park and the City-owned property is from flood buyouts of residential lots and will not be redeveloped. Since it can no longer be used for the current zoning of residential land use, the City is proposing to rezone them to P/I, the appropriate zoning district for government-owned property. While parks are allowed in a residentially zoned district, he said, the Park District has been supportive of rezoning their property to P/I, typically when the opportunity comes up, such as when an adjacent property is applying to rezone.
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 Land Development Code.

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

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.

Application to Transfer the Alcoholic Beverage License from Living the Dream, LLC d/b/a Legends to Kjerbeersten, LLC d/b/a 19th Hole at Rose Creek Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "FA-Golf" Alcoholic Beverage License from Living the Dream, LLC d/b/a Legends to Kjerbeersten, LLC d/b/a 19th Hole at Rose Creek at 1500 East Rose Creek Parkway, 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 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.

Application Filed by Spaghetti Western, LLC d/b/a Spaghetti Western for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Spaghetti Western, LLC d/b/a Spaghetti Western for a Class "GH" Alcoholic Beverage License at 524 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 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.

Presentation on the Proposed Excavation Fees and Guidelines:
Division Engineer Kevin Gorder said the proposed Excavation Fees and Guidelines will impact plumbers and excavators who are completing sewer and water service repairs for Fargo residents and private utilities such as those installing fiber optics, electricity and gas lines in the City’s right-of-way. The last major update was in 1990, he said, with a minor update in 2016 and a lot has changed in the industry; therefore, it is time to get this updated. He said the existing Ordinance contains a lot of technical details and requirements, which have changed as the industry has changed. There is going to be a new Ordinance, he said, and Excavation Fees and Guidelines will be added. He said all of the technical references will come out of the Ordinance and be put in the guidelines, which can be approved by Resolution by the City Commission; therefore, a full Ordinance change is not needed to do a quick update, which is easier and can keep up with the industry as it changes. He said in the Ordinance are definitions on how to get licensed, why someone must be licensed, the permitting process, how does a revocation of permit or license work and references to the Excavation Fees and Guidelines. He said he wants to keep the Ordinance basic yet cover the more important high-level items. The new Excavation Fees and Guidelines are to improve the consistency of the excavation of the right-of-way, he said. Excavators are going to be asked to do a compaction test to get better materials for a better patch to reduce potholes or other problems in the future, he stated, and fees are going to be added associated with the time the public is impacted. He said fees are based on what a contractor is doing; however, there have been a few instances where things are installed in the right-of-way and a lane closure is in effect for months. He said weekly fees are going to be added due to the fact that the City wants the contractor to get in, get done and get out as quickly as possible. He said the City also wants to change the effective date of the City license to match the State license, which simplifies things in the Auditor's office. He said the bond requirement will increase from $25,000.00 to $100,000.00 in order to protect the City’s right-of-way, streets and sidewalks. Notice requirements will be required, he stated, as the City wants to give better notice to residents and businesses so they can plan for impacts.

In response to a question from Commissioner Kolpack asking if he received any feedback from licensed excavators, Mr. Gorder said he talked to two excavators who do a lot of work for the City and they do not have any concerns. He said he also talked to Xcel Energy who understands the City’s costs are going up.

In response to a question from Commissioner Strand asking about the recent situation where a contractor’s license was revoked, would this impact a similar situation, Mr. Gorder said license requirements are more defined in the Ordinance. He said he worked with the City Attorney's office on the revocation of a license process and now a plan will be in place which includes an appeal process. He said also in the Ordinance is a requirement that the person doing the work in the right-of-way be the permittee so the City can enforce the specifications.

Legislative Update:
City Administrator Michael Redlinger said all subcommittee votes and work needs to be wrapped up by tomorrow and those bills will return to their respective committees. He said he is anticipating conference committee work will begin next week so the pace continues to pick up as bills need to continue to move out of committees in the opposite houses from which they crossed over. He said House Bill 1205, the Library bill that dealt with the prohibition of certain materials, was amended to adopt a Miller test, which provides for an annual report a Library would submit to the State listing what kinds of material are in its children's section, and that appears to be on track for approval. He said he is waiting for further information on House Bill 1340, the bill that invalidates Fargo’s local zoning authority and regulation related to firearm sales. With House Bill 1273, which is the prohibition on Approval Voting, he said, the vote was 74 to 19 in the House and 33 to 13 in the Senate. He said the requirements to override would be 63 in the House and 32 in the Senate, which are significant numbers.

Board of Equalization to Meet at 7:30 a.m. on Tuesday, April 11, 2023:
Commissioner Kolpack moved the Board of Equalization meet at 7:30 o’clock a.m. on Tuesday, April 11, 2023.

Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Preston, 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 Kolpack moved that the Board adjourn to 5:00 o’clock p.m., Monday, April 17, 2023.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:13 o’clock p.m.