Fargo City Commission - November 27, 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 5:00 o'clock p.m., November 27, 2023.
The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: December 1st marks the 35th commemoration of World AIDS Day paying tribute to those lost to AIDS; all three Library locations have Mitten Trees and donated items can also be dropped off at the Main Library’s Circulation Desk; the PD and MATBUS are participating in the 15th Annual Stuff the Bus, a bus will be parked at various locations December 6th and 7th including the PD on December 6th from 11:00 to 11:45 a.m.; Fargo won the award for Best Tasting Drinking Water in North Dakota for 2023 at the Annual Drinking Water Taste Test during the ND Water and Pollution Control Conference in Grand Forks and is now eligible to compete at the national competition in Anaheim, California in June. Jim Kershaw, Bismarck Water Plant Superintendent and Chair of the ND Section of the American Water Works Association (AWWA), appeared virtually to offer the City his congratulations for its repeat win of the award which, he said, is a testament that the Fargo team is producing a quality product.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Kolpack moved that the Minutes of the Regular Meeting of the Board held on November 13, 2023 be approved as read.
Second by Preston. 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. Letter of Support for the Precision Plumbing project to the ND Opportunity Fund.
2. Receive and file an Ordinance Enacting Section 8-0610 of Article 8-06 of Chapter 8 of the Fargo Municipal Code Relating to Rotary Traffic Islands.
3. Receive and file an Ordinance Amending Section 25-1508 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages.
4. 2nd reading and final adoption of an Ordinance Amending Section 24-0102 of Article 24-01 of Chapter 24 of the Fargo Municipal Code Relating to the Franchise Granted to the St. Paul, Minneapolis and Manitoba Railroad Company and Its Successors.
5. 2nd reading and final adoption of an Ordinance Amending Section 1-0305 (A)(1) of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.
6. Applications for Games of Chance:
a. El Zagal for a raffle on 2/17/23.
b. Friends of the Children Fargo-Moorhead for bingo on 12/2/23.
c. St. John Paul II Catholic Schools for a raffle on 12/2/23.
d. St. John Paul II Catholic Schools for a raffle on 1/30/24.
e. Benefit for Sgt. Tyrell Fauske for a raffle on 12/28/23; Public Spirited Resolution.
7. Extension of a Class “A-8” Alcoholic Beverage License for BFG, Inc. d/b/a Borrowed Bucks Roadhouse until 6/30/24.
8. Contract and bond for Project No. SN-23-A.
9. Memorandum of Understanding Regarding Construction and Maintenance with the Park District of the City of Fargo for the Bison Village Shared Use Path (Project No. SN-23-A1).
10. Memorandum of Understanding - Construction of 45th Street North with the City of Reile’s Acres.
11. Memorandum of Understanding Regarding Construction and Maintenance with the Park District of the City of Fargo for the River Drive Trail Shared Use Path (Project No. SN-23-B0).
12. Change Order No. 1 in the amount of $475.00 and a time extension to the Substantial and Final Completion dates of 12/22/23 and 1/22/24 for Project No. NR-23-B1.
13. Final Balancing Change Order No. 1 in the amount of $32,996.95 for Project No. PR-22-B1.
14. Negative Final Balancing Change Order No. 3 in the amount of -$10,051.57 for Project No. UR-23-A1.
15. Change Order No. 1 in the amount of $20,310.44 for Improvement District No. PN-23-A1.
16. Change Order No. 2 in the amount of $30,757.41 and a 14-day time extension for Improvement District No. BR-23-B1.
17. Create Improvement District No. BR-23-G.
18. Bid award and Contract with Automated Maintenance Services, Inc. in the amount of $70,080.00 for cleaning services at the Public Works West Building (RFP23208).
19. Master Services Agreements for Engineering/Architectural Services (RFP24010 and RFP24011).
20. Piggyback purchase through ND State Contract No. 110 with High Point Networks LLC in the amount of $23,504.00 for indoor access points (PBC23226).
21. Allocation of remaining ARPA funding to the 2023 General Fund, as presented.
22. Change Orders for Fire Station No. 8 Construction:
a. No. 1 in the amount of $2,160.00.
b. No. 4 in the amount of $5,880.00.
c. No. 5 in the amount of -$19,310.00.
23. Task Order No. 3 with KLJ Engineering LLC in the amount of $19,400.00 for Fire Station No. 5.
24. Agreement with Richland County Family Planning.
25. Contract with the ND Department of Health and Human Services for surge staffing/supplies.
26. Purchase of Service Agreement with the ND Department of Health and Human Services, Behavioral Health Division for addressing opioid stimulant misuse.
27. Purchase of Service Agreement with the ND Department of Health and Human Services, Behavioral Health Division for substance abuse prevention.
28. Purchase of Service Agreement with Center Point Tactical LLC.
29. Agreement for Services with Clay County Public Health.
30. Resolution Approving Plat of Laverne’s Third Addition (Attachment “A”).
31. Resolution Approving Plat of Larkin Second Addition (Attachment “B”).
32. Award acceptance from the Back the Blue Grant in the amount of $264,000.00 to the Fargo Police Department and related budget adjustments (HB 1307).
33. COPS Hiring Program Grant Award for 2024 and 2025 in the total amount of $188,539.00 and related budget adjustments (CFDA #16.710).
34. COPS Hiring Program Grant Award FY23 in the amount of $750,000.00 for employing six Police Officers and related budget adjustments (CFDA #16.710).
35. Amendment No. 2 with Transdev to extend the contract through 12/31/24.
36. Second Addendum to Agreement with the Fargo Park District and Cass Rural Water Users District.
37. Fourth Amendment to Memorandum of Understanding with Cass Rural Water Users District and Tharaldson Ethanol Plant I, LLC.
38. Amendment No. 1 to Wastewater Consulting Task Order No. 3 with AE2S in the amount of $15,000.00 for the FEMA Building Resilient Infrastructure in Communities (BRIC) Grant reapplication for improvements associated with the West Side Interceptor (Project No. WW1905).
39. Resolution Prescribing Rates and Charges for Solid Waste Services (Amended 1/1/24) (Attachment “C”).
40. Bid award for the Water Reclamation Utility Chemical Bids for 2024, as presented (ITB24009).
41. Bid award for the Water Treatment Facility Utility Chemicals Bids for 2024, as presented (ITB24007).
42. Task Order No. 28 with AE2S in the amount of $247,575.00 for the design and bidding of a rehabilitation project in the 1997 Lime Softening Water Treatment Plant.
43. Amendment No. 1 to Task Order No. 9 with AE2S for a no cost change in scope for Project No. WA1865.
44. Change Orders for Project No. WA1863:
a. No. 4 in the amount of $8,944.85 (general construction).
b. No. 4 in the amount of $3,148.17 (electrical construction).
45. Task Order No. 29 with AE2S in the amount of $197,685.00 for the design and bidding of the Pretreatment Bypass Infrastructure for the Lime Softening Water Treatment Plant.
46. Bills in the amount of $11,481,034.13.
Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn, Kolpack, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Resident Comments:
Wess Philome spoke about the Downtown Noise and Vibration Study.

City of Fargo Purchasing and P-Card Policy and Procedures Manual Approved:
Finance Director Susan Thompson reviewed the timeline and background of the proposed Purchasing Policy and Procedure Manual. She said it has been an extensive process for a thoroughly vetted policy.

Purchasing Manager Tanner Smedshammer shared the objectives including ensuring stewardship of public funds, encourage vendor access and fair bidding processes, compliant with laws, regulations and best practices, promote fiscal transparency, create efficiencies, balance department autonomy and timeliness with governance oversight, standardize quote/RFP/Commission agenda items and address unique and/or special situations. He said there are many policy updates, including best practice guidance, aligning with the State of North Dakota Office of Management and Budget, clarification of procurement process, updated limits and approvals, new exempt purchase, rules for specialized purchase, updated forms and templates, links to the State procurement sites for potential piggy-back contracts, resources for RFP and Invitation to Bid preparation and authorized contract authority up to $100,000.00. He shared suggested purchasing limits, approval and documentation approvals for different levels and special conditions. He also outlined the internal controls of purchasing and training planned.

In response to a question from Commissioner Preston asking if there have been any major policy changes, Ms. Thompson said the high end limit that was $50,000.00 is $100,000.00 as the Century Code calls for and an exempt purchase list was created.

In response to a question from Commissioner Strand asking whether there were policy modifications to the recognition or presentation of change orders Mr. Smedshammer said the limits approved are level across the board and come to the City Commission.

In response to a question from Commissioner Strand asking how sole source situations are approached when there are not bids, Mr. Smedshammer said that will be reined in, a sole source situation is a unique item and the bar will be set high for that prior to an item coming to the City Commission.

Commissioner Piepkorn moved the City of Fargo Purchasing and P-Card Policy and Procedures Manual be approved and adopted as presented.

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

Appeal of Board of Adjustment’s Decision Approving a Land Management Permit at 338 9th Avenue South: Approval of Land Management Permit Denied:
A Hearing had been set for November 13, 2023 on appeal of a Board of Adjustment decision regarding a Land Management Permit at 338 9th Avenue South.
At the November 13, 2023 meeting the Hearing was continued to this day and hour.

City Forester Scott Liudahl said an application was filed by K. Wallin and D. Ross on June 27, 2023 seeking a Land Management Permit at 338 9th Avenue South to allow plantings to exceed the maximum 8-inch height of grasses as required in Section 11-0809 of the Fargo Municipal Code. He said the Land Management Plan/Permits are intended to promote native and other plants and grasses in their landscape, including pollinator gardens/plants other than traditional Kentucky blue grass. As outlined in the Fargo Municipal Code 11-0810, he said, he reviewed and approved the application and mailed notification of the approval to property owners within 200 feet of the subject property. Neighboring property owners were provided the option to appeal the decision to the Board of Adjustment as outlined in a letter dated July 17, 2023 and a written letter of protest was submitted via email to the City Forester on August 8, 2023 by Marilyn Sietz, he said. The Board of Adjustment considered the Appeal of an Administrative Decision at the October 24, 2023 meeting, he said, and there was unanimous support and on October 25, 2023 an appeal of that decision was received.

Marilyn Seitz, 327 10th Avenue South, said she has a problem with the prairie landscape on the City property at 338 9th Avenue South. She said this is in her front yard she feels having ten neighbors against such a weed patch should carry more weight than one individual’s desire for their use of City property. She said while it may appear nice two months of the year, it is not maintained and the rest of the year there is dried up grass harboring vermin.

Commissioner Piepkorn said he does not feel it appropriate that an individual is deciding to do this on City property, especially if there are neighbors who do not agree. He said this is setting a dangerous precedent.

In response to a question from Commissioner Preston asking where the authority for this comes from, Mr. Liudahl said it is by Ordinance and is not new. He said it is typically allowed on one’s own property; however, in this unique situation, someone took it upon themselves to do this on City property and it was carefully looked at before approving it for a Land Management Plan Permit. He said the applicant has a plan that includes weed control, spot mowing, hand weeding and complete mowing when the time is right.

In response to a question from Commissioner Strand asking what would happen to the property without approval of the permit, Mr. Liudahl said it would be kept as a green space and mowed.

Commissioner Preston said a precedent that would be set would be a good in that it is for City property allowing for indigenous plants and natural landscape, which is good for the soil and environment.

Commissioner Preston moved the Board of Adjustment’s decision reaffirming the Forestry Department's approval of the Land Management Plan/Permit at 338 9th Avenue South be upheld.

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

Parcels of Land in Ekman Addition Rezoned (1728 42nd Street South):
At a Hearing held on November 7, 2023 the Fargo Planning Commission recommended approval of a change in zoning from GC, General Commercial to
MR-3, Multi-Dwelling.

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 has not been developed and is not covered by the Growth Plans or Neighborhood Plans; however, it is a zone change the Planning Department would support.

Tyler Sheeran, Vice President of Development for the Commonwealth Development, Inc. said this is in proximity to existing multi-family and a plethora of amenities in and around the mall vicinity. He said they plan to build 40 apartment units slated for seniors 55 and older.

Commissioner Strand said it is a good move to open up housing in areas otherwise available for commercial and he anticipates there will be more of this.

Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

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

First Reading of an Ordinance Rezoning a Certain Parcel of Land Lying in Ekman 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 a Certain Parcel of Land Lying in Ekman 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, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Parcels of Land in Urban Plains by Brandt Seventh Addition Rezoned (2907, 2915, 2975, 3037 and 3151 Seter Parkway South):
At a Hearing held on October 3, 2023 the Fargo Planning Commission recommended approval of a change in zoning to repeal and re-establish 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 applicant seeks a major subdivision and ROW vacation plat. He said the subdivision would vacate small portions of the Seter Parkway South right-of-way dedicated for future roundabouts and the plat consolidates the subject properties and vacated portions of the right-of-way into three lots with a private road easement throughout the development consisting of 20.42 acres.

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), Section 20-0907.C and of Article 20-06 and all other applicable requirements of the LDC and ND Century Code Chapter 40-39, contingent on final technical review of the plat, including the City Engineer’s signature.

First Reading of an Ordinance Rezoning Certain Parcels of Land in Urban Plains by Brandt Seventh Addition, 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 in Urban Plains by Brandt Seventh Addition, City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Urban Plains by Brandt Seventh Addition:
Commissioner Preston offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Urban Plains by Brandt Seventh Addition” containing 3 Lots, 1 Block, and 20.42 acres of land more or less, located at 2907, 2915, 2949, 2975, 3037 and 3151 Seter Parkway South; and
WHEREAS, A Hearing was held October 3, 2023 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on October 25 and November 1, 8, and 15, 2023 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., November 27, 2023 at which time said Plat would be considered and all interested persons would be heard.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “Urban Plains by Brandt Seventh Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Parcels of Land in Timber Parkway Eighth Addition Rezoned (5056 Charles Way South):
At a Hearing held on November 7, 2023 the Fargo Planning Commission recommended approval of a change in zoning to repeal and re-establish 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.

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.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Timber Parkway Eighth 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 a Certain Parcel of Land Lying in Timber Parkway Eighth 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, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Parcels of Land in Timber Parkway Tenth Addition Rezoned (5107 and 5161 Charles Way South):
At a Hearing held on November 7, 2023 the Fargo Planning Commission recommended approval of a change in zoning to repeal and re-establish 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.

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 20-0907, standards of Article 20-06 and all other applicable requirements of the LDC.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Timber Parkway Tenth 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 a Certain Parcel of Land Lying in Timber Parkway Tenth 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, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

City’s Priority Projects to Apply for Federal Highway Administration Funds Approved:
Transportation Division Engineer Jeremy Gorden said the FM Metropolitan Council of Governments (MetroCOG) and the North Dakota Department of Transportation (NDDOT) is soliciting project applications for a number of programs, including: the NDDOT Flex Fund for projects in 2024 and 2025 worth $42 million, for a project on NP Avenue from Broadway to 8th Street; the Transportation Alternatives Program, shared used paths along Drain 27 and Drain 53, Pedestrian/bicycle crossing at Drain 53, new path near Water Reclamation Campus; and shared use path along Drain 27 in 2026 and 2027 worth $1.1 million locally. He said among the projects are:
• The Carbon Reduction Program for streetlight replacement projects and an adaptive traffic signal project on 45th Street Carbon Reduction Program, 2026 and 2027, $1.1 million locally.
• The Urban Grant Program for Downtown will replace the bricks in the street at three intersections and repair some ADA ramps, 2027, $4.5 million statewide.
• The Urban Regional Program list includes projects on 10th Street, University Drive, Main Avenue, 52nd Avenue South and 19th Avenue North with the highest priority being South University Drive from 13th to 18th Avenue where the concrete is more than 40 years old, Urban Regional Program. 2028, competes statewide, 2028, $1.5 million locally.
• Surface Transportation Block Program, $34.1 million, 1st Avenue North from 3rd Street to Roberts Street and from Roberts Street to 10th Street; 17th Avenue South from 25th to 42nd Street.
• For the Highway Safety Improvement Program, an RCUT at 52nd Avenue and 27th Street South, a pedestrian safety project will correct a sidewalk issue at University Drive and 25th Avenue South and a southbound auxiliary lane added on 45th Street at the I-94 north ramp for extra capacity.
• For the Highway/Rail Crossing Safety Program, gate crossing and lights on 57th Street North, north of the Horse Park.

Commissioner Piepkorn moved the “Projects Submittal List” be approved as presented and staff be directed to prepare appropriate State and Federal Funding Grant applications and forward to MetroCOG.

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

Second Reading and Final Passage of an Ordinance Amending Sections 13-1801, 13-1802, 13-1806 of Article 13-18 of Chapter 13 of the Fargo Municipal Code Relating to Massage Therapy Establishments:
Commissioner Preston moved to waive second reading at length of the Ordinance Amending Sections 13-1801, 13-1802, 13-1806 of Article 13-18 of Chapter 13 of the Fargo Municipal Code Relating to Massage Therapy Establishments.
Second by Piepkorn. On call of the roll Commissioners Preston, Piepkorn, Kolpack, and Mahoney voted aye.
Commissioner Strand voted nay.
The motion was declared carried.

Commissioner Piepkorn moved final passage of an Ordinance Amending Sections 13-1801, 13-1802, 13-1806 of Article 13-18 of Chapter 13 of the Fargo Municipal Code Relating to Massage Therapy Establishment.
Second by Preston. On call of the roll Commissioners Piepkorn, Preston, Kolpack and Mahoney voted aye.
Commissioner Strand voted nay.
The motion was declared carried.

Mayor Mahoney said it was brought to his attention that the vote must be unanimous in order for a Second Reading to be waived.
Commissioner Preston moved to reconsider the vote on waiving Second Reading and final passage of an Ordinance Amending Sections 13-1801, 13-1802,
13-1806 of Article 13-18 of Chapter 13 of the Fargo Municipal Code Relating to Massage Therapy Establishments.
Second by Kolpack. On call of the roll Commissioner Preston, Kolpack, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Commissioner Preston moved final passage of an Ordinance Amending Sections 13-1801, 13-1802, 13-1806 of Article 13-18 of Chapter 13 of the Fargo Municipal Code Relating to Massage Therapy Establishment.
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. Travis and Anne Marie Christensen, 105 Meadowlark Lane North (5 years).
b. Aaron and Jessica Franke, 2314 Victoria Rose Lane (5 years).
c. Jean Corbett, 2619 26th Street South (5 years).
d. Nathan and Kimberly Rorvig, 1906 9th Street North (5 years).
e. Susan Nelson, 3707 Kennedy Street South (5 years).
f. Wayne and Cherie Gadberry, 505 Broadway North Unit 303 (5 years).
g. Michael Gillund and Melissa Mozley, 4726 Rose Creek Parkway South (5 years).
h. Patrick and Katherine McIntyre, 3225 Longfellow Road North (5 years).
Commissioner Kolpack moved the applications be approved.

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.

Appointments to the Historic Preservation Commission:
The Board received a communication from Mayor Mahoney recommending that Nathan Larson, Heather Fischer and Paul Gleye be reappointed to the Historic Preservation Commission.

Commissioner Preston moved Nathan Larson, Heather Fischer and Paul Gleye be reappointed to the Historic Preservation Commission for three-year terms ending October 31, 2026.

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

Appointments to the Planning Commission:
The Board received a communication from Mayor Mahoney stating that due to extenuating circumstances, appointments to the Planning Commission are being delayed; however, Rocky Schneider and Dawn Morgan are willing to continue their service for an additional six months. He said he is recommending that Rocky Schneider and Dawn Morgan be reappointed for an additional six months.

Commissioner Preston moved Rocky Schneider and Dawn Morgan be reappointed to the Planning Commission for terms ending June 30, 2024.

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

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

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, December 11, 2023.
Second by Kolpack. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:09 o’clock p.m.