Fargo City Commission - May 28, 2024

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 5:00 o'clock p.m., Tuesday, May 28, 2024.
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: The Summer Reading Challenge at the Library starts June 3rd; Planting Day at the Carlson Library is May 30th; Library Night at the FM RedHawks is May 29th; according to the US Census between 2022 and 2023, Fargo grew by 1,744 people to a population of 133,188; and videos were shown highlighting the way City staff successfully completed the 2024 Cleanup Week and the newest MATBUS wrap features the art of 12-year-old Kaylee Trana with the theme of environmental stewardship.

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

Second by Preston. 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 May 13, 2024 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. Letter of Support for the St. Monica’s Montessori relocation/expansion project to the ND Opportunity Fund.
2. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 5-0406(1) of Article 5-04 of Chapter 5 of the Fargo Municipal Code Relating to the Fargo Police Advisory and Oversight Board.
3. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 4-0101.1 of Article 4-01 of Chapter 4 of the Fargo Municipal Code Relating to the General Provisions Governing City Officials and Employees.
4. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 4-0402 of Article 4-04 of Chapter 4 of the Fargo Municipal Code Relating to Authorizing the City Commission to Approve Program of Interfund Loans.
5. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 25-1504.1 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages.
a. Reisolution Regarding Ordinance Amendment Pertaining to Owner and General Manager Background Investigations and Implementation (Attachment “A.).
6. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of an Ordinance Amending Section 20-0401 of Article 20-04 of Chapter 20 of the Fargo Municipal Code (Land Development Code) Relating to Use Regulations.
7.Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of an Ordinance Amending Section 24-1509.1 (D) of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages and an Ordinance Amending Section 25-1506 (CC) of Article 25-15 of Chapter 25 of the Fargo Municipal Code relating to Alcoholic Beverages.
8.Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of an Ordinance Amending Sections 25-1501, 25-1503 and 25-1509 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages.
9.Receive and file the Notice of Appeal from a Decision of a Local Governing Body Pursuant to NDCC 28-34-01 regarding Liquid Hospitality, LLC d/b/a Windbreak Saloon.
10.Site Authorizations for Games of Chance:
a. Fargo Metro Baseball Association at Applebee’s Grill & Bar-13 Ave.
b. Fargo Metro Baseball Association at Applebee’s Grill & Bar-45 St.
c. Fargo Metro Baseball Association at Applebee’s Grill & Bar-North Fargo.
d. Fargo Metro Baseball Association at Empire Tavern.
e. Red River Human Service Foundation at Blarney Stone on Broadway.
f. Sharehouse, Inc. at Bismarck Tavern.
g. Sharehouse, Inc. at Rick’s Bar.
h. Sharehouse, Inc. at The Round Up Saloon.
i. Sharehouse, Inc. at Woody’s.
j. West Fargo Events at Holiday Inn/Spirits Lounge.
k. West Fargo Hockey Association at Fort Noks.
11. Applications for Games of Chance:
a. Brave the Shave for a raffle on 6/22/24.
b. FM AM Rotary for a sports pool 9/9/24-12/30/24.
c. North Dakota CPA Society for a raffle 6/17/24-6/18/24.
d. UND Alumni Association & Foundation for a raffle board on 6/26/24.
12. Extension of the Class “A-8” Alcoholic Beverage License for BFG, Inc. d/b/a Borrowed Bucks Roadhouse until 12/31/24.
13. Variance Acknowledgement and Liability Waiver with Troy and Amelia Peterson in the Limited Disturbance Zone Setback Area for proposed construction and improvement of property at 6405 13th Street North and 6411 13th Street North.
14. Bid award to Reede Construction, Inc. in the amount of $10,696,257.57 for Improvement District No. PR-24-A1.
15. Bid award to Master Construction Company, Inc. in the amount of $187,545.00 for Improvement District No. AN-24-A1.
16. Amendment No. 5 in the amount of $9,095.00 for Improvement District
No. BR-22-A0.
17. Encroachment Agreement with Magellan Pipeline Company, L.P. (Improvement District No. BN-23-G1).
18. Contract and bond for Improvement District No. PR-24-H1 (Asphalt Paving Rehab/Reconstruction).
19. Contract and bond for Improvement District No. BN-23-F (New Paving and Utility Construction).
20. Bid award to Border States Paving, Inc. in the amount of $65,887.80 for Project No. UR-24-G1.
21. Bid advertisement for Project No. PR-24-F.
22. Change Order No. 1 for a 30-day time extension to the Interim Completion Date for Project No. NR-23-A3.
23. Change Order No. 2 for a 30-day time extension to the Interim Completion Date for Project No. NR-23-A2.
24. Final Balancing Change Order No. 2 in the amount of $0.00 for Project
No. ER-23-A1.
25. Certificate of Substantial Completion for Newman Outdoor Field 2021-2022 Project (RFQ18084).
26. Items from the FAHR Staff meeting:
a. Receive and file General Fund - YTD April 2024 Budget to Actual.
b. Budget adjustment in the amount of $3,804.00 for Fire Department’s Hometown Heroes grant award to General Supplies for the purchase of two ice water suits.
27. Authorization to apply for a State Homeland Security Grant to purchase security cameras and supporting network infrastructure for Fire Department stations (CFDA #96.067).
28. Notice of Grant Award Amendment with the ND Department of Health and Human Services for PHEP-City Readiness Initiative (CFDA #93.069).
29. Notice of Grant Award Amendment with the ND Department of Health and Human Services for PHEP-Statewide (CFDA #93.069).
30. Resolution approving Plat of Harvest Church Addition (Attachment “B”).
31. Authorization to apply for a State Homeland Security Grant for vehicle barriers for special events (CFDA #96.067).
32. Authorization to apply for a State Homeland Security Grant to purchase equipment and technology that provides real-time intelligence to law enforcement (CFDA #97.067).
33. 2024 Mosquito Control Agreement with Cass County (EX24219).
34. Tree Injection Services - 2024 Agreement with Carr’s Tree Service (RFQ24223).
35. Solid Waste Management Agreement for Private Haulers with J-1 Excavation & Roll Off.
36. Amendment No. 1 with Apex Engineering in the amount of $216,272.00 and time extension to November 29, 2024 for Project No. WA1910.
37. Change Order No. 2 with Phoenix Fabricators and Erectors, LLC in the amount of $47,820.00 for Project No. WA1910.
38. Task Order No. 11 with AE2S in the amount of $261,500.00 for Project No. WW1707.
39. Bills in the amount of $12,556,367.10.

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.

Appointments to the Board of Appeals:
The Board received a communication from Mayor Mahoney stating a vacancy has existed on the Board of Appeals with the resignation of Michael Wild, whose term expired on June 30, 2023, and David Obermiller, whose term would have expired on June 30, 2024, has also resigned his position. Mark Lundberg and David Vig have submitted applications indicating interest in serving on the Board, he said, and he recommends their appointments.
Commissioner Preston moved Mark Lundberg be appointed to the Board of Appeals for a five-year term ending June 30, 2028 and David Vig be appointed to the Board of Appeals for a five-year term ending June 30, 2029.

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.

Bids Received for New Paving and Utility Construction Improvement District No. BN-23-G:
The Board received a communication from City Engineer Tom Knakmuhs stating one protest was received amounting to 45.10% of the Improvement District and on May 13, 2024 the Fargo City Commission determined the protest to be insufficient. He said the bid award is the last piece of information that needs to be approved for this project, which is located west of 45th Street North on 23rd Avenue and 53rd Street, and of the bids received, the lowest bid was about $150,000.00 less than the engineer’s estimate. Bids for New Paving and Utility Construction Improvement District No. BN-23-G1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., Wednesday, May 22, 2024, he said, and the bids were found to be as follows:

Dirt Dynamics Fargo, ND
Bid: $3,256,380.61

Northern Improvement Co. Fargo, ND
Bid: $3.427,969.60

Dakota Underground Company Inc. Fargo, ND
Bid: $30469,181.99

Park Construction Co. Minneapolis, MN
Bid: $3,974,925,65

J.R. Ferche, Inc. Rice, MN
Bid: $4,035,828.76

Contract for New Paving and Utility Construction Improvement District No. BN-23-G1 Awarded to Dirt Dynamics in the Amount of $3,256,380.61:
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of New Paving and Utility Construction Improvement District No. BN-23-G1 and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 22, 2024 for New Paving and Utility Construction Improvement District No. BN-23-G1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for New Paving and Utility Construction Improvement District No. BN-23-G1 shows the bid of Dirt Dynamics of Fargo, North Dakota, in the sum of $3,256,380.61 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Dirt Dynamics in the sum of $3,256,380.61 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for New Paving and Utility Construction Improvement District No. BN-23-G1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dirt Dynamics for the sum of $3,256,380.61, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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.

Authorization to Transfer Ownership of 69 4th Street North to Fargo Housing and Redevelopment Authority Approved:
Planning Director Nicole Crutchfield said in 1986, the City acquired the building and in 1994 renovated it to provide approximately 22 single room occupancy subsidized housing units managed by the Fargo Housing and Redevelopment Authority (FHRA) through a leasing contract. She said both the acquisition and renovation were funded by Housing and Urban Development (HUD) using Community Development Block Grant (CDBG) dollars. In about 2018, she said, FHRA discontinued leasing rooms in the building due to significant repair and environmental issues that made the building uninhabitable. The commercial tenant on the bottom floor vacated the building in about 2021, she stated. Affordable housing is a community priority as outlined in the 2022 Fargo Affordable Housing Analysis and the 2023 Regional Housing Study, she said, and it is recommended the City begin to detail a plan to transfer ownership of this building to FHRA to renovate and re-establish the 22 residential units for income-qualifying residents. Due to HUD funding regulations, she said, if the building is sold, the income from the sale is required to be returned to the City to be counted as CDBG program income for redistribution to CDBG qualifying activities. The assessed value of the building is $1,293,800.00, she said, and FHRA approached the City with this request about two years ago, as they desired to integrate this into their strategic planning efforts. FHRA wants to provide 22 units of affordable housing with subsidy available to extremely low-income persons in the Downtown district, she said, and this meets their strategic goal of increasing availability of affordable housing. She said FHRA is planning to use unutilized units available in their Faircloth Limit, which is the number of units eligible for federal funding.
Chris Brungardt, CEO of FHRA, said Fargo had 616 units of public housing at its peak and through time, as some units were converted, such as New Horizons, and then the demolition of the Lashkowitz building, all of those units were added to Fargo’s Faircloth Limit so now he is able to reuse those units and bring in an extremely low subsidy for these 22 housing units in this building. He said FHRA will use a Rental Assistance Demonstration (RAD) conversion, which allows public housing authorities to leverage public and private debt and equity in order to reinvest in the public housing stock, which was the same process used for New Horizons. This is an exciting opportunity to get 22 studio apartments back into the Downtown area, he said.
In response to a question from Mayor Mahoney asking how soon will the project start, Mr. Brungardt said an architect has looked at the building and once HUD finishes approving the Faircloth Limit, he can put it out for bids. He said if everything goes according to plan, the project can start later this year and it would be ready for occupancy next year. The only holdup now is with the State Historical Preservation Office about the type of windows that need to be used, he said.
In response to a question from Commissioner Piepkorn asking about handicap accessibility of the building, Mr. Brungardt said there is an elevator, there is one full handicapped accessible unit and they may convert another one or two units to handicap accessible.
In response to a question from Commissioner Strand asking about the restaurant on the first floor, Mr. Brungardt said he wants to put that back on the market due to a shortage of commercial restaurant space Downtown.
In response to a question from Commissioner Piepkorn asking about the number of parking spaces for the building, Ms. Crutchfield said there are about five or six spots on the north side.
Commissioner Strand moved to authorize the City Attorney and the Planning Director to coordinate an agreement with Fargo Housing and Redevelopment Authority to transfer ownership of 69 4th Street North as-is and return with an agreement for execution by the City Commission at a later date.

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

Application Filed by KHP Fargo LLC d/b/a Kpot Korean BBQ & Hot Pot for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by KHP Fargo LLC d/b/a Kpot Korean BBQ & Hot Pot for a Class "FA" Alcoholic Beverage License at 4410 17th Avenue South, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said this is a $100,000.00 full alcohol and food license and the business will open in the former Johnny Carino’s location. He said this is an East Coast-based company that has decided to expand to the Midwest and chose Fargo as one of its new locations. No items came up in the background check, he said, and there was one question from Liquor Control about a $95.00 charge for a background check due to the fact that it is a New York-based ownership group. He said the Police Department got the information they needed without having to pay the $95.00 fee and nothing became evident through public records.
In response to a question from Commissioner Piepkorn asking about any issues with national franchises and managers and if there are any concerns, Mr. Sprague said there have been some changes to Ordinances that help him have better information and better enforcement and one is the quarterly renewals and background checks on the general manager.
In response to a question from Commissioner Piepkorn asking what happens if there is a manager who is someplace else and you cannot speak to them, Mr. Sprague said he had conversations with this company’s attorneys and he is okay with the process.
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 an Application filed by PKPham Inc. d/b/a The Nail Company for a Class “CW” Alcoholic Beverage License Continued to June 24, 2024:
A Hearing had been set for this day and hour on the application filed by PKPham Inc. d/b/a The Nail Company for a Class “CW” Alcoholic Beverage License at 2911 45th Street South.
City Auditor Steve Sprague said he is asking that this Hearing be continued to June 24, 2024. He said he had originally asked that the Hearing be continued to June 10th; however, he has reached out to the company with questions, they have not responded and he would like to allow more time to get his questions answered.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on June 24, 2024.

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.

Waive Requirement to Receive and File an Ordinance One Week Prior to 1st reading and 1st reading of an Ordinance Amending Section 11-0209 of Article 11-02 of Chapter 11 of the Fargo Municipal Code Relating to Public and Sanitary Nuisances:
City Attorney Nancy Morris said this Ordinance revision addresses the number of amplified sound permits that may be issued for a property located within 500 feet of a residential zoning district and this Ordinance has been the topic of discussion for several years. She said the number of amplified sound permits was increased from one to five during the COVID-19 Emergency Declaration and a request was made last year to keep the number at five permits every 30 days. Due to the timing of the request and the issuance of several permits due to an oversight, she stated, the Ordinance was amended to allow five permits every 30 days again; however, the Ordinance change had a sunset provision of September 30, 2023, at which time the number of permits reverted back to one. She said the sunset was imposed in order to allow time for public input and to gauge the public reaction to the increased number of permits. An open house was held April 25, 2024, to discuss all things noise, she stated, including the number of permits that may be issued. Several musicians and the owner of Tailgators requested the opportunity to continue its summer concert series on Thursday evenings on the patio, for which permits had been previously issued, she said. Other discussion topics included noise monitoring and enforcement, which are addressed in other sections of the Ordinance, she said. Due to the timing of the Ordinance changes and the desire to continue events this summer, she said, the only Ordinance change presented at this time is the number of amplified sound permits that may be secured by properties within 500 feet of a residential zoning district. She said the remaining sound Ordinance amendments require additional discussion and amendments. The proposed Ordinance change is a compromise, she stated, and the amendment provides for four permits every 30 days and further provides that the permits must be at least five days apart, recognizing that consecutive concerts could be disruptive to the neighboring residential properties. There are no limitations as to the number of permits properties not within 500 feet of a residential zoning district may secure, she said; however, Police Chief David Zibolski does have discretion to revoke or deny under certain circumstances. She said Fargo Municipal Code 1-0203 does address amendment after first reading and states, "After the first reading and before final passage, Ordinances may be amended and shall then be put upon their second reading and final passage. In the event that any Ordinance is amended between first and second reading, final passage shall not be had for at least one week after second reading, except that such requirement may be waived with the concurrence of at least two-thirds of the qualified and existing members of the Board of City Commissioners present at the meeting."
Commissioner Strand said he is glad this is being separated and the public discussion proved there is support in the community to allow businesses to continue neighborhood entertainment and is separate from the issue with Broadway performers.
In response to a question from Commissioner Preston asking what happened with the proposal for the new space near University Drive and will this Ordinance address that issue, Ms. Morris said this Ordinance is only for locations that are 500 feet within a residential zone.
Commissioner Kolpack moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Amending Section 11-0209 Article 11-02 of Chapter 11 of the Fargo Municipal Code Relating to Public and Sanitary Nuisances be placed on first reading.

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.

Resolution Amending Governance Policies of the Board of City Commissioners of the City of Fargo Adopted:
Mayor Mahoney said this Resolution will establish that all entrants to City Hall be advised that signs, posters and other displays will not disrupt the business proceedings of the City Commission and that disruptive persons may be removed. Further, the Director of Facilities Management will be directed to create and post signs outside of the building advising that signs, posters or other displays disruptive to the business proceedings of the City Commission Chambers will result in removal of the person displaying the signs, posters or other displays. He said the proposed Resolution also amends the Governance Policies to clarify that the Chair may recognize interested persons or representatives to speak to matters on the City Commission agenda without the requirement to pre-register to speak or to limit their comments to 2 ½ minutes. Speakers for these items will be encouraged to limit their comments to 3 minutes and will be permitted to engage in dialogue with the City Commission, he said.
In response to a question from Commissioner Strand asking who decides a sign is disruptive, Ms. Morris said there would be no signs. She said disruptive behavior would be the decision of the Chair.
In response to a question from Commissioner Strand asking if signs are allowed if they are not disruptive, Ms. Morris said no signs would not be allowed.
In response to a question from Commissioner Strand asking no signs at all, Ms. Morris said that is correct, no signs allowed at all.
Mayor Mahoney said this is what was discussed in the Governance Policy meetings.
Commissioner Strand said the public deserves to know that this item is on the agenda and the public may be surprised.
Commissioner Piepkorn said the agenda and packet were published last Thursday so the public was well aware that this was on the agenda.
Mayor Mahoney said the signs topic was researched and the Board also talked about backpacks at the Governance Policy meetings. He said he cannot see behind the signs so if someone behind the signs would have something that could be considered a threat, he cannot see it and the Police officers cannot see it. People are welcome to leave the signs outside or in the commons area, he said; however, this is something the Board as a group discussed and the group agreed.
Commissioner Strand said he does not recall the group agreeing.
Commissioner Kolpack said the Board did talk about this at the end of the last Governance Policy meeting and the Board did have an agreement. She said the Board has been talking about this for some time, there were news stories that covered the topic and it was in the packet for consideration at this meeting. The focus on this particular motion and action is about the safety of the Chambers, she stated, and having decorum. There is additional work that the Board has agreed to and staff will come back with further recommendations for additional safety considerations in the Chamber. She said it has been very public and the Board has had good conversations about this for some time.
Commissioner Preston said she does not remember acting to direct the City Attorney to put this together and as she understands the Governance Policies, when Commissioners are directing staff to do something, it needs to come from the entire Commission. She said she does not remember acting on this issue.
Mayor Mahoney said at the last Governance Policy meeting backpacks, signs, flags and a variety of other things were discussed and at that time, he was directed to bring this back to the Commission. He said Commissioner Preston says she does not recall it; however, that is how he recalls it and he is doing what he was asked to do. Other safety issues of the Chamber are still being worked on, he stated, and he was directed to work with City Administrator Michael Redlinger, Ms. Morris, the Police Chief and Facilities Manager on the safety of the Chamber and to bring back some suggestions to the Commission.
In response to a question from Commission Strand, who asked, for example, when Gate City Bank comes in with a big check are they going to have to keep it outside, Commissioner Piepkorn said that is not a sign, it is a giant check and he welcomes giant checks.
Commissioner Preston said when the Board is having a discussion, the Board should bring it to a formal motion and that would clarify her confusion and Commissioner Strand’s confusion. She said she would encourage the Chair to ensure there are definitive motions and definitive actions.
Commissioner Strand said he would like to see the minutes where the Board made that direction due to the fact that he does not recall the Board directing anything. He said he remembers a conversation; however, he does not remember an action directed by the full Commission. If it is in the minutes, fine, he said; however, he does not remember it.
Mayor Mahoney said three of the Board members remember the informal discussion and the fact that the Board did not take any actions. He said there were discussions about this particular item, the Board was not clear on rules for backpacks and bags; however, the Board clearly instructed in the Governance Policy meetings to talk about signs, posters and flags and he was directed, as Mayor, to bring back a proposal. Unless the Board understands differently, he stated, he understood the Board wanted him to look at the safety of the Chambers and bring back a recommendation.
Commissioner Strand said the Board should work on safety issues; however, he would like to hear from the public due to the fact that if this vote prevails, they cannot carry any signage into the Chambers. He said that is a significant change and he is the liaison to Facilities, yet no one consulted him.
Commissioner Preston said in the memo there is a suggested change to the requirements to pre-register to speak about agenda items.
Mayor Mahoney said for agenda items, residents sign up online and can speak for two and a half minutes. He said if it is a Public Hearing, pre-registering to speak is not required and there is no time limit.
Commissioner Kolpack said in the approval of the Governance Policies at the last meeting, the protocol that the full Commission approved was the requirement to sign up to speak about agenda-related topics and her recollection clearly is that the Mayor was directed as Chair of the Board to bring this to staff and then come back with recommendations for safety, which would require approval of the Commission.
Commissioner Preston asked if the proposed Resolution amends the Governance Policies to clarify that the Chair may recognize interested persons or representatives to speak to matters on the agenda without the requirement to pre-register, Mayor Mahoney said it is.
In response to a question from Commissioner Strand asking if there are other cities that have eliminated signage in public meetings, Ms. Morris said she researched the issue and reached out to other attorneys she has worked with on First Amendment issues and they confirmed that the language being proposed here was upheld by the United States Court of Appeals for the Second Circuit.
Commissioner Kolpack said the Chair during any meeting may recognize interested persons to speak; however, the protocol approved was for residents to pre-register for agenda-related topics and that remains the protocol.
Ms. Morris said this amendment was proposed after a discussion at a recent meeting where there wasn’t a Public Hearing and a person spoke, then during the next item, which was a protest, the Chair recognized a person who was an interested party in the protest even though that person had not registered to speak; therefore, this is a clarification that if there is a pecuniary or direct interest a person may be recognized due to the fact that the speaker was interested in the outcome of the action.
Commissioner Preston said the memo is not accurate if it is only in a Public Hearing when somebody has a specific financial interest or direct interest.
Ms. Morris said it would not necessarily have to be identified as a Public Hearing, which would be advertised. She said it was a matter that was brought forward, someone spoke to that, there was another matter that was not a Public Hearing but was an agenda item on a protest and the Mayor recognized the representative from the entity protesting and the Mayor determined they would be able to speak.
Commissioner Preston said she is not clear what the statement means going forward, not what happened in the past.
Commissioner Kolpack said this change gives the Chair, during times of exception or unusual circumstance, the ability to recognize an audience member; however, the first protocol remains in place to pre-register for agenda-related topics to ensure that a resident can speak during a meeting.
Ms. Morris said that statement is correct and the memo states it is someone who has an interest in the outcome or a direct interest in the outcome of a vote that is not a Public Hearing and if it is not a Public Hearing, those people would also have an opportunity to speak without having to sign up.
Commissioner Preston said this is why she suggested public comment periods four years ago due to the fact that it was being applied inconsistently where some people were allowed to speak and others were not and it seemed discriminatory. She said she sees this is as what the Board is headed back to.
Mayor Mahoney said people can sign up and there are 12 people talking tonight.
Commissioner Strand said he is still unclear due to the fact that on one hand, this says signs that are disruptive will be removed and on the other hand it says no signs allowed.
Mayor Mahoney said signs are not allowed.
Commissioner Strand asked any sign?
Mayor Mahoney again said signs are not allowed.
Commissioner Strand said he is opposed to this stifling of speech when it is not harmful to the public. He said there are four Police officers in the room and he feels safe. He is not threatened by somebody holding a sign, he stated.
Commissioner Strand moved the Resolution Amending Governance Policies of the Board of City Commissioners of the City of Fargo be delayed for two weeks in order to allow public engagement and comment.

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

Commissioner Kolpack moved the Resolution titled “Resolution Amending the Governance Policies of the Board of City Commissioners,” and referred to as Attachment “C,” be adopted as presented and attached hereto.

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

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

Resident Comments:
Melissa LaBay and Page Klug spoke about homeless camps; Brad Shaffer spoke about special assessments; and Cori Edgerton, Heidi Soliman, Kaden Felch, Sumaya Abukar, Mohammed Sanaullah, Lucky Beddel, Fatima Mohammed and Prairie Johnson spoke about Gaza.

The time at adjournment was 6:13 o’clock p.m.