Fargo City Commission - June 26, 2023 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 4:30 o'clock p.m., June 26, 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 pertaining to 501 Main Avenue. He said to discuss the risks, strength or weaknesses of an action of the public entity in an open meeting will have a negative fiscal effect on the bargaining and/or litigation position of the City of Fargo; thus, an Executive Session for said matters is authorized pursuant to N.D. Century Code Section 44-04-19.1(2).
Commissioner Kolpack moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC, Section 44-04-19.1(2) to discuss said matter.

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

At 4:31 o’clock p.m. the Board moved to the Red River Room to discuss the matter in Executive Session.
Members present were: Kolpack, Piepkorn, Preston, Strand, Mahoney.

The Executive Session closed at 5:04 o’clock p.m. and the meeting reconvened in public session at 5:07 o’clock p.m.

The Mayor read a message with the following information: CredibleMind, a free online platform focusing on mental health and wellness, is available to the community on the Fargo Cass Public Health website; National HIV Testing Day is June 27th; at the Library, “Under the Big Top,” a circus themed event with former circus ringmaster Aimee Klein, will be June 29th at the Carlson Library, weekly Summer Storytime sessions are happening as part of the Summer Reading Challenge on Tuesdays and Wednesdays through July, residents are encouraged to volunteer at the Carlson Library Learning Garden plots on Thursday mornings and the Fargo History Hunt features 12 historic buildings in downtown Fargo and maps are available at all three library locations; Fargo has been named to the Fortune 2023 list of 50 Best Places to Live for Families; and a video was shown with highlights from the annual Employee Recognition Event.

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 June 12, 2023 be approved as read.

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

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

1. 1st reading of an Ordinance Amending Section 19-0203 and Enacting Sections19-0206.1 and 19-0208 of Article 19-02, Amending Section 19-0302 and Enacting Sections 19-0305, 19-0306 and 19-0307 of Article 19-03 of Chapter 19 of the Fargo Municipal Code Relating to the Department of Forestry - Trees, Parks and Boulevards.

2. 2nd reading and final adoption of an Ordinance Amending Section
11-0209 of Article 11-02 of Chapter 11 of the Fargo Municipal Code Relating to Noise Control and Radio Interference.

3. Direct the City Attorney to prepare amendments to Fargo Municipal Code Article 25-15 - Alcoholic Beverages - Relating to Food Sale Requirements for License Renewal.

4. Site Authorization for Games of Chance:
a. Metro Sports Foundation at Alibi Lounge.
b. West Fargo Hockey Association at Fort Noks.

5. Applications for Games of Chance:
a. Steve Weidner FM Junior Tour for a calendar raffle from 7/1/23-6/30/24.
b. Fargo Moorhead West Fargo Chamber for a raffle on 7/19/23.
c. Veterans Honor Flight of ND/MN for a raffle every Monday from 7/3/23-6/24/24.
d. Veterans Honor Flight of ND/MN for a raffle on 7/16/23.
e. St. Anthony of Padua Parish Fall Bazaar for a raffle on 9/24/23.
f. Scottish Rite Holding Company for a raffle on 8/9/23.
g. Chiefs of Police Association of North Dakota for a raffle from 6/27/23-6/28/23.

6. Renewal of the Alcoholic Beverage and Live Entertainment Licenses until 6/30/24, contingent upon all essential requirements for renewal being met by 6/30/23.

7. Agreement – Project Manager with Nicolette Plante.

8. Pipeline Easement and Agreement with Cass Rural Water Users District (Project No. VF-23-B1).

9. Task Order No. 1 with Houston Engineering in the amount of $199,501.00 for Project No. QR-23-A0.

10. Bid advertisement for Project No. FM-15-F.

11. Bid award to Ryan Contracting in the amount of $872,126.00 for Project No. UN-23-B2.

12. Change Order No. 6 in the amount of $5,793.55 for Improvement District No. BR-21-C1.

13. Memorandum of Offer to Landowner for a Permanent Easement (Water Main) with Huynh KHA Property LLC (Improvement District No. BR-23-A).

14. Bid award to Border States Paving, Inc. in the amount of $1,499,056.13 for Improvement District No. PR-23-G1.

15. Bid award to SJ Louis Construction, Inc. in the amount of $358,724.00 for Improvement District No. UR-23-A1.

16. Pipeline Easement with Municipal Airport Authority (Project No. VF-23-B1).

17. Bid award to Osgood Cleaning Services LLC in the amount of $198,000.00 for a three-year contract for cleaning services at the Fargo Police Department Headquarters and associated Master Services Agreement (RFP23103).

18. Bid award and Contract to JLG Architects for development of a Master Facility Plan for the Fargo Police Department (RFP23078).

19. Piggyback purchase through the Sourcewell Cooperative Contract with Johnson Controls in the amount of $137,960.00 for an upgrade to the Building Automation System at the FARGODOME (PBC070121-JHN).

20. Resolution establishing a Forestry licensing requirement (Attachment “A”).

21. Fargo Cass Public Health 2023 budget adjustments as presented.

22. Notice of Grant Award from the ND Department of Health and Human Services for Regional Environmental Health Services.

23. Notice of Grant Award from the ND Department of Health and Human Services for State Aid to Local Public Health.

24. Notice of Grant Award from the ND Department of Health and Human Services for Increasing Immunization Rates – LPH (CFDA #93.268).

25. Notice of Grant Award from the ND Department of Health and Human Services for PHEP - EPR Statewide Response Team (CFDA #93.069).

26. Notice of Grant Award from the ND Department of Health and Human Services for family planning telehealth infrastructure enhancement and expansion grant (CFDA #93.217).

27. Request from the Downtown Community Partnership (DCP) to utilize the property at 501 Main Avenue for parking during the 2023 Downtown Fargo Street Fair.

28. Resolution Approving Plat of Golden Valley Seventh Addition (Attachment “B”).

29. Sole Source Procurement with Filmtec Corporation in the amount of $128,420.40 for the ultra-filtration membranes at the Effluent Reuse Facility (SSP23116).

30. Bid award to Peterson Mechanical, Inc. in the amount of $78,000.00 for the tankless hot water heater project at the Water Treatment Plant (Project No. WA2206) (RFP23105).

31. Bills in the amount of $13,894,619.95.

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

Resident Comments:
Noah Sperling spoke about his concerns regarding Downtown street food vendors and Wess Philome spoke about the City’s Diversity, Equity and Inclusion Department.

Hearing on an Application for a Class “GH” Alcoholic Beverage License for Five Star African Cuisine d/b/a Five Star African Cuisine Continued to August 21, 2023:
A Hearing had been set for this day and hour on an application filed by Five Star African Cuisine d/b/a Five Star African Cuisine for a Class “GH” Alcoholic Beverage License at 855 45th Street South, Suite 1A; however, the City Auditor has requested that the Hearing be continued to August 21, 2023.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on Monday, August 21, 2023.

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 Fargo Air Museum d/b/a Fargo Air Museum for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Fargo Air Museum d/b/a Fargo Air Museum for a Class "A-Club" Alcoholic Beverage License at 1609 19th 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 in order to qualify for a Club license, an organization must be in existence for 20 years and have 200 members and the Fargo Air Museum meets those qualifications. He said there are no food sales requirements and a physical bar is allowed.
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 Fargo Brewing Company, LLC d/b/a Fargo Brewing Company for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Fargo Brewing Company, LLC d/b/a Fargo Brewing Company for a Class "W" Alcoholic Beverage License at 610 University Drive 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 application is for issuance of a Class “W” Alcoholic Beverage License to be added to its existing Class “C” Alcoholic Beverage License. He said with this addition Fargo Brewing Company will be able to offer wine and beer without a food requirement. The facility will continue to operate as a brewery, he said.
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.

Hearing on a Dangerous Building Located at 521 15th Avenue North Continued to July 10, 2023:
A Hearing had been set for this day and hour on a dangerous building located at 521 15th Avenue North; however, the Inspections Department requests that this Hearing be continued to July 10, 2023.
Commissioner Strand moved the Hearing on a dangerous building located at 521 15th Avenue North be continued to 5:15 o’clock p.m. on Monday, July 10, 2023.

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.

Tax Increment Financing District No. 2023-03 Renewal Plan and Developer Agreement Approved Contingent Upon Final Legal Review:
A Hearing had been set for this day and hour to review a Renewal Plan and Developer Agreement for Tax Increment Financing District No. 2023-03 for a project that would demolish a small apartment building and construct five townhome-style apartments at 502 8th Street South.
No written protest or objection to the Plan has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Plan.
Strategic Planning and Research Director Jim Gilmour said the developers are requesting $300,825.00 in Tax Increment Financing (TIF) for demolition of an existing apartment building, site clean-up, infrastructure needs and to pay for a portion of the property. He said the estimated annual TIF income is $26,600.00 and the length of the TIF district would be 15 years following completion of the project. He said the building is a vacant six-unit apartment that is in poor condition and current property taxes on the property are about $2,500.00 a year. The developers have met with the neighborhood association, he said, and the association is in favor of the project, which will be five townhome-style apartments that could, in the future, be sold as owner-occupied. He said PFM, the City’s financial adviser, says the project is not feasible without public assistance and the rate of return is only 9 percent even with a TIF, which is below the 10 percent to 15 percent range that most developers are looking for.

Dave Noah, owner, said he and other investors purchased the building about five years ago and it is vacant; however, there are continuing issues with squatters and it is an eyesore in the neighborhood. He said there were many serious issues with the building when it was purchased, including a leaking roof; however, tenants at the time did not want to say anything to the landlord due to the fact that they did not want the rent to go up once repairs were made. The reconstruction of an apartment building at the site was discussed, he said; however, due to the contour of the land and wanting to keep all the trees, townhomes were decided and on the side fronting 8th Street South, the building will have the appearance of one unit.

In response to a question from Commissioner Piepkorn asking if Renaissance Zone assistance would have been available for this project, Mr. Gilmour said the site is not in the Renaissance Zone and even if it was, the developers would need more than five years of assistance.

In response to a question from Commissioner Preston asking about the 2025 completion date, Mr. Gilmour said the developers’ plan to have it done in 2024; however, a 2025 date was used in case something comes up, which gives them extra time to avoid amendments.

In response to a question from Commissioner Strand asking what are the demolition costs and besides the building what else is blighted, Mr. Gilmour said demolition costs are about $94,000.00, there are needed site improvements such as sidewalks, as well as infrastructure requirements and the cost of the land.

In response to a question from Commissioner Strand asking what will be the rental rate for the new townhomes, Mr. Gilmour said $2,800.00 for a three-bedroom unit with 1,900 square feet, which is the average price of a three-bedroom unit in the Fargo area.

Commissioner Strand said he does not feel it is the City’s job to be a partner in this financial approach. He said there are many people buying properties and demolishing them, yet not all of them are asking the City for a $300,000.00 investment.

Commissioner Preston said the City needs to start addressing the need for lower rents and hopefully the housing study will do that.

Mr. Gilmour said the motion should include the adoption of the Resolution as well as the Renewal Plan and a form of the Development Agreement, pending final legal review.

Commissioner Kolpack moved that the following Resolution and the Development Agreement be adopted pending final legal review:
WHEREAS, Certain areas within the City are in need of redevelopment in order to prevent further deterioration, to encourage investment and to preserve property values; and
WHEREAS, The Board of City Commissioners desires to avail itself of the power and authority granted by Chapter 40-58 NDCC.
NOW, THEREFORE, BE IT RESOLVED, By the Board of City Commissioners as follows:
1. That one or more slum or blighted areas, or areas consisting of industrial or commercial property, or a combination of those areas of properties, exist in the City of Fargo.
2. That the development, rehabilitation, conservation or redevelopment, or a combination thereof, of the area contained within the Renewal Plan for Tax Increment Financing District No. 2023-03, is necessary in the interest of public health, safety, morals or welfare of the residents of the City of Fargo and will afford maximum opportunity, consistent with the sound needs of the city as a whole, for the rehabilitation or redevelopment of the development area by private enterprise.
3. That there are blighted areas within the area contained within the Renewal Plan with deteriorated conditions that discourage redevelopment. The Renewal Area, as defined in the Renewal Plan, is blighted due to the presence of these conditions, which have substantially impaired the growth of the City, and have slowed the provision of appropriate redevelopment in this area. As a result, the Board of City Commissioners finds that a blighted condition exists in the said area.
4. That the area designated as the Renewal Plan for Tax Increment Financing District No. 2023-03 is appropriate for a development project.
5. That such development, rehabilitation, conservation or redevelopment of the area contained in the Renewal Plan for Tax Increment Financing District No. 2023-03 requires the powers and authority granted in Chapter 40-58 NDCC.
6. That the Renewal Plan for Tax Increment Financing District No. 2023-03 is hereby officially adopted by the Board.
7. That a Developer Agreement be prepared in regard to the Tax Increment Financing.
8. That the appropriate staff be directed to request the County Auditor and Treasurer to compute, certify and remit tax increments resulting from the development or renewal of the area in accordance with the plan and any modifications thereof, and that the County Auditor and Treasurer shall do so in accordance with this section.

Second by Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Kolpack, Piepkorn, Preston and Mahoney voted aye.
Commissioner Strand voted nay.
The Resolution was adopted.

New Proposal Presented by 501 Main Ave DevCorp, LLC for a Project at 501 Main Avenue Rejected:
Matt Torgerson, 501 Main Ave DevCorp, LLC, gave a presentation on proposed changes to the development plans of 501 Main Avenue, including goals, the evolution of the project, work and investments to date, parking agreements, geotechnical and environmental assessments, as well as information on financing and contractors.

Commissioner Piepkorn said the current proposed development plan now compared to what was approved in 2020 is not even close and his concern is there were other bidders when this was approved and the City needs to be consistent and fair to them. He said he understands there was COVID-19 and there have been increased building and borrowing costs; however, the City approved something and now that is not what is happening.

Commissioner Kolpack said she revisited the Renaissance Zone Authority discussion and vote on this issue and read the background information. She said there was collaboration with the developer, staff and other departments in good faith and she can understand the concern from the developer’s perspective.

Mayor Mahoney said the Board met in Executive Session prior to tonight’s meeting in order to discuss the issue and asked that the suggested motion from the Executive Session be read.

Commissioner Piepkorn moved that the City Commission finds that the current proposed Development Plan, as presented, is not consistent with the developer’s proposal approved in December 2020 and that it does not meet the minimum improvements set forth in the City’s Agreement with the developer due to the reduced square footage, the reduced number of housing units, the substantially smaller footprint of the development and the exterior of the building is substantially different; that the developer's new proposal for the reduced project is hereby rejected; and that the developers, having stated they do not intend to construct the project as described in the Agreement; therefore, the City considers the Agreement to have been repudiated by the developer.

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

Informational Overview of the 2024 Primary Election Changes:
Commissioner Kolpack said in 2022 some polling locations in Cass County experienced a shortage of paper ballots and there were long lines. She said following the 2022 Election, it was determined that Cass County would need to expand the number of voting centers for the 2024 Election. There will be an adjustment of early voting hours, she said, including weekdays from 11 a.m. to 7 p.m., and Saturday from 11 a.m. to 5 p.m. Six ballot-on-demand printers have been purchased, she stated, and the number of available voting centers will be expanded, with six locations available for early voting and 21 locations open for Election Day voting. She reminded Cass County residents that they can vote at any polling location within the County.

Cost Share Assistance for Burying the Overhead Power Line in Graver Alley Approved:
Division Engineer Kevin Gorder gave a brief history on the Roberts Street Alley reconstruction and pole removal and the current status and schedule for power line burial. He said the Engineering Department received a request from Kilbourne for assistance with the cost of burying the overhead power line in Graver Alley. When the Kesler Building was built, he said, Kilbourne set its building back about 12.5 feet for clearance of the power line. After construction started, he said, Xcel notified Kilbourne that the overhead power had to be removed; therefore, the Kesler project incurred an additional $209,548.00 in costs and Kilbourne has asked the City to split the cost. He said the City Engineer and Kilbourne discussed four options to fully fund the Roberts Street Alley power burial based on actual cost and agreed on Option 4, he said, with the total cost share for the City being $104,774.36 in Graver Alley and no additional money for Roberts Street Alley.
Commissioner Piepkorn moved the cost share assistance in the amount of $104,774.36 for burying the overhead power line in Graver Alley be approved, as presented.

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.

Estimated Population of the City of Fargo Declared to be 131,444:
City Auditor Steve Sprague said the US Census Bureau periodically releases updated estimated populations and in May 2023, its updated estimated population for the City of Fargo was 131,444 through 2022. He said the Liquor Control Board has an interest in declaring the estimated population to be 131,444 due to the fact that passing the 130,000 population will trigger the availability of one more on-sale Class “Z” and one more off-sale Class “B-limited” alcoholic beverage licenses. Fargo Municipal Code 25-1508 F states “the Board of City Commissioners may recognize the most recent estimated population as determined by the Census Bureau to establish a current population,” he stated. Upon declaration, the Liquor Control Board will direct the Auditor's office to advertise the availability of the licenses for a period of time to allow interested parties to apply, he said, and if applications are received, background checks will be completed on all the applications and qualified applications will be forwarded to the City Commission for consideration.

In response to a question from Commissioner Preston asking if both of these licenses will come back to the City, Mr. Sprague said all newly issued licenses come back to the City unless the license is sold as a going concern. For example, he said, an applicant gets a license for a bar, then decides to retire or sell their business, the license has to go with the business.

In response to a question from Mayor Mahoney asking about the application process, Mr. Sprague said the intention is to advertise that the licenses are available and receive applications for about three or four months. He said the applications will go to the Liquor Control Board and then to the City Commission. He said if there is only one application, that applicant would receive the license; however, if there are multiple applications for one license, there would be a drawing according to the Ordinance. He said there are other determining factors for who gets a license, including proximity to churches, schools or other alcoholic establishments.

Commissioner Strand said another list of determining factors should include the impact on neighborhoods, similar to what was used when discussing Romantix’s move to Broadway.
Commissioner Kolpack moved to declare the estimated population of the City of Fargo to be 131,444.

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.

Receive and File Ordinances Enacting Article 25-38 of Chapter 25 of the Fargo Municipal Code Relating to Commercial Pedal Car Vehicles and Amending Section 8-0311 of Article 8-03 of Chapter 8 of the Fargo Municipal Code Relating to Regulations Governing Operators:
City Auditor Steve Sprague said the new Ordinance relating to the operation of a commercial pedal car vehicle permits the operation of a multi-drive bicycle on the streets of Fargo. He said the Ordinance relating to operators is an Amendment to the existing open container Ordinance, exempting participants on the pedal car from the prohibition of having an open container, similar to the exclusion afforded by statute to party buses and other similar vehicles. The new and revised Ordinances, as well as the recently enacted HB 1316, make it clear that the driver of the commercial pedal car may not consume alcohol, he said, and the passengers' consumption is permitted on public streets only when actually on the commercial pedal car. He said the Ordinances are modeled after several jurisdictions, resulting in a melding of several concepts, all of which promote the safety of the traveling public and protection of the use of streets. Provisions in the Ordinance include that passengers on the commercial pedal car will be able to consume alcohol, similar to a party bus, he said, and each passenger is limited to two beverages in cans no larger than 16 ounces. The pedal car driver is required to be server trained to verify the age of the passengers consuming alcohol, he stated, as well as detect over intoxication. In the event of over intoxication, he said, the driver will be permitted to refuse service. He said the business, the pedal car and the driver will be licensed by the City, and the City Auditor has the discretion to refuse or revoke licenses, appealable directly to the Board of City Commissioners. He said there are minimum standards for the pedal car, and the operator will be required to secure a certificate of roadworthiness from a local bicycle repair business. The commercial pedal car business will be required to show proof of general liability insurance in an amount not less than $2,000,000.00, he stated, and the driver must have a valid driver's license, among other minimum qualifications. Each commercial pedal car business may apply for up to four routes, he said, and the routes must be approved by the City. The Ordinance defines the hours of operation, he said, and all license fees will be established by Resolution. A person who operates a commercial pedal car without securing the necessary licenses will be guilty of a Class B misdemeanor, he said.

In response to a question from Mayor Mahoney asking when the pedal car will be in business and on the streets, Mr. Sprague said he did not know a specific date; however, the proposed business operators wanted to make sure the Ordinances were in place before placing the order for the vehicle.
Commissioner Strand moved the Ordinances Enacting Article 25-38 of Chapter 25 of the Fargo Municipal Code Relating to Commercial Pedal Car Vehicles and Amending Section 8-0311 of Article 8-03 of Chapter 8 of the Fargo Municipal Code Relating to Regulations Governing Operators be received and filed.

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.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. DCBA Holdings, LLC, 1348 6th Street South (5 year).
b. Adam Zavalney and Emma Gruber, 1401 12th Street North (5 year).
Commissioner Preston moved the applications be approved.

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

At 6:24 p.m., the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Liaison Commissioner Assignment Change Approved:
The Board received correspondence from Mayor Mahoney stating the Community Development Committee membership consists of the Mayor, the Planning Commission Chair, the City Administrator, the Housing and Redevelopment Authority Director, three members of the public and one member of the Fargo School Board. He said Commissioner John Strand has been serving as Chair of the Community Development Committee; however, he is not the Liaison Commissioner to the Planning Commission. He said he would like to transition Commissioner Arlette Preston to the role of Community Development Committee Chair for consistency on Boards and Committees.
Commissioner Strand moved that Commissioner Preston be appointed as the Liaison Commissioner to the Community Development Committee.

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.

Appointments to the Liquor Control Board Approved:
The Board received a communication from Mayor Mahoney recommending that Robert Nelson be reappointed to the Liquor Control Board and Scott Brekke be appointed to replace Kay Schwarzwalter, whose term expires on July 1, 2023.

Commissioner Preston said the incumbent was never asked whether she wanted to continue serving or not. She said there needs to be a consistent process with asking the incumbent if they are interested in continuing their service as people who serve on Boards put in a lot of time and energy. The Liquor Control Board will now be four men, she said, and the City has been trying to increase diversity with boards and commissions regarding gender and people of color. The individual being recommended comes from the liquor industry, she said, and there is already an individual on the Board from the liquor industry. Downtown is heavy density with liquor licenses, she stated, and the incumbent lives Downtown and brought that perspective. She said having two liquor industry reps on the Liquor Control Board is like the fox watching the hen house.

Commissioner Piepkorn said just because someone is an incumbent does not mean there should not be new members. He said the Board wanted someone with experience and the proposed new member has that experience and has a passion for it. He said Downtown is booming and becoming an entertainment center and with all the growth, more and more people are coming Downtown and the City needs to have a safe and vibrant Downtown. Mr. Brekke will be an excellent addition to the Board, he said, and bringing a person’s sex into the conversation is offensive. He said the Board wants good candidates regardless of sex or color and it is disappointing that someone who is interested in serving and has applied in the past should not be considered.

Commissioner Strand said he appreciated Ms. Schwarzwalter’s communications regarding liquor issues Downtown after the shift to a citizen’s Liquor Control Board. He said her perspective was compelling and he is disappointed to lose her voice.
Commissioner Piepkorn moved Robert Nelson be reappointed and Scott Brekke be appointed to the Liquor Control Board for three-year terms ending July 1, 2026.

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

Appointments to the Library Board Approved:
The Board received a communication from Mayor Mahoney recommending that Wanda Mengelkoch and Kristen Schipper be reappointed to the Library Board and Paul Jenson be appointed to replace Don Carlton Hawley Jr., who has served the State law limit of two, three-year terms.
Commissioner Piepkorn moved Wanda Mengelkoch and Kristen Schipper be reappointed and Paul Jensen be appointed to the Library Board for three-year terms ending June 30, 2026.

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.

Appointments to the Arts and Culture Commission Approved:
The Board received a communication from Mayor Mahoney recommending that Monika Browne-Ecker be reappointed to the Arts and Culture Commission and Danyel Moe be appointed to replace Ann Arbor Miller, who is no longer willing to serve.
Commissioner Piepkorn moved Monika Browne-Ecker be reappointed and Danyel Moe be appointed to the Arts and Culture Commission for three-year terms ending June 1, 2026.

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.

Construction Update:
Assistant City Administrator Brenda Derrig said there was one safety incident in the 6th Avenue North project where a resident went around a “sidewalk closed” sign, tripped and fell, which resulted in a broken nose. She gave an update on all of the completed projects, which include a turn lane on 52nd Avenue South, an asphalt overlay on 19th Avenue North, a sidewalk repair project on the North side, asphalt crack, fill and seal coat projects and a sanitary sewer repair on South University Drive. She said ongoing projects include 8th Street North, 6th Avenue North, NP Avenue, 8th Street South, a Southside sidewalk project and various asphalt mill and overlay projects. On 32nd Avenue South, she said, the contractor is paving the west half of the 25th Street intersection and City-wide concrete spot repairs and pavement markings are continuing. In new developments, all paving is now complete in Rocking Horse 6th Addition, she said, with seeding, signs and final clean-up remaining. For the Meadow View Addition, she said, the contractor is working on paving in the Phase 1 section and for Phase 2, the LOMR is complete. On Tillstone Drive, she said, the contractor is working on paving and street lights, asphalt wear course work is ongoing and in Laverne’s 2nd Addition, work continues on concrete paving and the storm lift station. She said ongoing flood risk management projects include the Woodcrest levee and storm lift sewers 55 and 56, and at 42nd Street South and Drain 27, the contractor is working on the East Lift Station. Upcoming projects, she said, will include the Northside water main, Lift Station 53 Force Main Improvements, 73rd Avenue South paving, utilities relocated on 52nd Avenue South, the 25th Street underpass from Main to 1st Avenue North, work on 1st Avenue South and additional Mill and Overlay projects on 17th Avenue South from 42nd to 45th Street and on 42nd Street South from Main to 13th Avenue.

In response to a question from Commissioner Strand asking when new infrastructure is done, is it routine that electric vehicle infrastructure is incorporated, Ms. Derrig said during pre-design, the City works with all the utility companies and asks if any upgrades are needed while the road is removed due to the fact that is the most economical time for utility work. She said the City does not manage Cass County Electric or Xcel’s facilities; however, the City does communicate to them when projects are coming up and when roads will be removed so they could do upgrades if they want to.

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, July 10, 2023.

Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:00 o’clock p.m.