Board of City Commissioners - September 20, 2021

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., Monday, September 20, 2021.
The Commissioners present or absent were as shown following:
Present: Gehrig, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: Getting a flu shot can reduce the risk of flu-associated hospitalization; as part of the One Book, One Community event series, a panel discussion titled “American Indian Boarding Schools and the Doctrine of Discovery” will be held September 28th at the Downtown Library; the Library’s StoryWalks have been updated with “A Fall Ball for All” by Jamie A. Swenson outside of the Downtown Library and “Grumpy Monkey” by Suzanne Lang at Brunsdale Park; the Library is hosting an exhibition of posters through September 30th that recounts the events of September 11, 2001; and videos were shown of the Ribbon Cutting Ceremony at the “Spirit of the Sandbagger” monument and construction progress on the new Water Reclamation Facility.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved.
Second by Gehrig. 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 September 7, 2021 be approved as read.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.

Consent Agenda Approved:
Commissioner Piepkorn moved the Consent Agenda be approved as follows:
1. 2nd reading and final adoption of the following Ordinances; 1st reading, 9/7/21:
a. Rezoning Certain Parcels of Land Lying in Asleson Farms Fourth Addition to the City of Fargo, Cass County, North Dakota.
b. Rezoning Certain Parcels of Land Lying in Amber Valley West Sixth Addition to the City of Fargo, Cass County, North Dakota.
c. Amending Section 08-0304, 08-0320 and 08-0323 of Article 08-03 of Chapter 8 of the Fargo Municipal Code Relating to Registration Card to be Carried in the Driver’s Compartment – Inspection of Card, Driving Without Liability Insurance Prohibited and license to be carried and exhibited upon demand, and Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.
2. Resolution Ratifying Mayoral Signature (Attachment “A”).
3. Applications for Games of Chance:
a. Fargo Angels Hockey for a raffle on 1/10/22.
b. St. John Paul II Catholic Schools for a raffle on 4/30/22.
4. Agreement with Katie Ettish for the Contractual Public Information Officer.
5. Change Order No. 6 for an increase of $16,540.00 for Project No. FM-16-A1.
6. Change Order No. 2 for an increase of $22,500.00 and the associated time extension for Project No. SR-21-A1.
7. Change Order No. 2 for an increase of $32,994.00 for Project No. TM-21-A1.
8. Scope and fee from AE2S in the amount of $59,500.00 to perform a Street Utility Feasibility Study (Project No. MS-21-M0).
9. Memorandum of Understanding Regarding Construction and Maintenance with the Park District of the City of Fargo.
10. Addition of Sites 3, 4 and 5 in the amount of $104,982.50 with Dirt Dynamics for Project No. UR-21-D1.
11. Declaration of Easement (Levee, Storm Sewer and Access) in association with Project No. FM-19-E.
12. Bid advertisement for Project No. MP-20-A.
13. Listing Agreement for the sale of 1367 Elm Circle North.
14. Receive and file General Fund – Budget to Actual through August 2021 (unaudited).
15. Receive and file Financial Status Report – Major Operating Funds 2021 Year to Date Ending 8/31/21 (unaudited).
16. Agreement for Services with the following:
a. Christyn Knudtson.
b. Valerie Luistro.
c. Kayla Dalquist.
d. Chisom Amadi.
17. Funding Approval/Agreement and Funding Approval and HOME Investment Partnerships Agreement with the US Department of Housing and Urban Development.
18. Resolution Approving Plat of University South Addition (Attachment “B”).
19. Change Orders for Project No. SW20-01:
a. No. 1 for an increase of $4,776.00 (civil construction contract).
b. No. 1 for an increase of $1,543.00 (mechanical construction contract).
20. Sole Source Procurement with Hach Company for cumulative 2021 purchases of water testing equipment and supplies (SSP21038).
21. Change Order No. 2 for an increase of $52,443.00 for Project No. WW1701.
22. Contracts and bonds for Project Nos. SW21-01 and WA2055.
23. Bills in the amount of $13,957,063.23.

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

Addition of Improvement District Nos. BR-22-C1 and BR-22-F1 to the 2022 Capital Improvement Plan Approved:
The Board received a communication from the Public Works Projects Evaluation Committee regarding a recommendation to add Improvement District Nos. BR-22-C1 and BR-22-F1 to the 2022 Capital Improvement Plan (CIP). They said part of the process is that the Engineering Department has been working on including an earlier timeline for plan development and project bidding in order to improve the process of notifying residents of upcoming projects. They said the two projects are ready to be bid this fall; however, they have not yet been officially approved as part of the 2022 CIP.
Commissioner Piepkorn moved the addition of Improvement District Nos. BR-22-C1 and BR-22-F1 to the 2022 Capital Improvement Plan be approved.

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

Change Order No. 1 and Time Extension for Improvement District No. BR-21-C1 Approved:
The Board received a communication from the Public Works Evaluation Committee stating the Change Order is due to a shortage of resin after the project was awarded, which resulted in a manufacturing delay and an increased cost of PVC water pipe. They said due to the extent of the delay, staff has worked with the contractor to complete a portion of the project this year with the remainder to be completed next year.
Commissioner Piepkorn moved Change Order No. 1 for an increase of $62,070.00 and a time extension to 10/19/22 for Improvement District No. BR-21-C1 be approved.

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

Change Order No. 1 and Time Extension for Improvement District No. SL-21-C1 Approved:
The Board received a communication from the Public Works Evaluation Committee stating the Change Order is for the installation of a temporary signal at the intersections of County Roads 81 and 20. They said with the addition of Amazon, the widening of County Road 20 and the proximity to the bridge/off ramp, the intersection has become extremely busy and for the safety of the traveling public, a temporary signal will allow time to get proper traffic counts and reduce the risk of accidents.
Commissioner Piepkorn moved Change Order No. 1 for an increase of $57,300.00 and a 14-day time extension for Improvement District No. SL-21-C1 be approved.

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

Memorandum of Offer to Landowner for Permanent Easement (Street and Utility) with West Fargo Public School District No. 6 (Improvement District No. BN-21-E1):
The Board received a communication from Land Acquisition Specialist Shawn Bullinger requesting authorization to proceed with a Memorandum of Offer to Landowner for a Permanent Easement (Street and Utility) with West Fargo Public School District No. 6 in association with Improvement District No. BN-21-E1. He said a final purchase price has been reached and authorization from the Board is requested to proceed with the purchase.
Commissioner Piepkorn moved the Memorandum of Offer to Landowner for Permanent Easement (Street and Utility) from West Fargo Public School District No. 6 in association with Improvement District No. BN-21-E1 be approved.

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

Agreement Regarding Deferral of Special Assessments with Earlyne Hector Approved (Improvement District No. BN-20-C1):
The Board received a communication from Special Assessments Coordinator Dan Eberhardt stating Earlyne Hector made a request for a deferral in association with Improvement District No. BN-20-C1 (Arterial Reconstruction and Incidentals) and the Finance Committee unanimously voted to approve a Deferral Agreement to include a 3-year interest bearing deferral for 6655 Selkirk Drive South for the arterial costs associated with Improvement District No. BN-20-C1.
Commissioner Piepkorn moved the Agreement Regarding Deferral of Special Assessments with Earlyne Hector (Improvement District No. BN-20-C1) be approved.

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

Permanent Easements (Storm Sewer) with Sitka Investments, LLC Approved (Improvement District No. BN-21-B1):
Commissioner Piepkorn moved the Permanent Easements (Storm Sewer) with Sitka Investments, LLC in association with Improvement District BN-21-B1 be approved.

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

Contract for New Paving and Utility Construction Improvement District No. BN-21-E1 Approved:
Commissioner Piepkorn moved the Contract between the City of Fargo and Border States Paving, Inc. for New Paving and Utility Construction Improvement District No. BN-21-E1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for New Paving and Utility Construction Improvement District No. BN-21-E1 Approved:
Commissioner Piepkorn moved the following described Contract Bond be approved as to sufficiency:
Liberty Mutual Insurance Company, in the amount of $2,048,234.64, for New Paving and Utility Construction Improvement District No. BN-21-E1 in the City of Fargo, North Dakota.

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

Resident Comments:
Richard Thomas spoke about public safety in Fargo Parks, Christopher Coen spoke about the Wildlife Management Program and Wess Philome spoke about the death of Anyiwei Maciek.

Amendment to the Growth Plan on Lots 3 and 4, Block 1, The District of Fargo Fourth Addition Approved:
A Hearing had been set for this day and hour to consider approval of an Amendment to the Growth Plan consisting of Lots 3 and 4, Block 1 of the proposed The District of Fargo Fourth Addition.
The Fargo Planning Commission recommended approval of the Amendment to the Growth Plan at their July 6, 2021 meeting.
No written protest or objection to the Amendment to the Plan has been received or filed in the Planning and Development Department.
The Board determined that no person is present to protest or offer objection to the Growth Plan Amendment.
Current Planning Coordinator Donald Kress said the applicant is seeking approval of the Amendment to accommodate future commercial and residential development. He said The District of Fargo Fourth Addition will be platted into 10 lots on two blocks and a public right-of-way, to be known as Tillstone Drive, will accommodate circulation within the property. Three of the larger lots will be zoned MR-3, he said, in order to accommodate future multi-dwelling residential structures. He said the lots will also feature amenities for residents such as a park and clubhouse and the residential lots will be buffered from I-29 by commercial lots.
Commissioner Preston moved the Amendment to the Growth Plan on Lots 3 and 4, Block 1, The District of Fargo Fourth Addition be approved.

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

Parcels of Land in The District of Fargo Fourth Addition Rezoned (5532 and 5676 38th Street South):
At a Hearing held on July 6, 2021 the Fargo Planning Commission recommended approval of a change in zoning from LC, Limited Commercial with a C-O, Conditional Overlay to MR-3, Multi-Dwelling Residential and LC, Limited Commercial with a C-O, Conditional Overlay.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

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

First Reading of an Ordinance Rezoning Certain Parcels of Land in The District of Fargo Fourth 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 in The District of Fargo Fourth Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving The District of Fargo Fourth 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 “The District of Fargo Fourth Addition” containing 10 Lots, 2 Blocks and 31.94 acres of land more or less, located at 5532 and 5676 38th Street South; and
WHEREAS, A Hearing was held July 6, 2021 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 September 8 and 15, 2021 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., September 20, 2021 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 “The District of Fargo Fourth 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.

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

Special Assessments List for Maintenance of the Skyway System Approved:
A Hearing had been set for this day and hour on the special assessments list for maintenance of the Skyway System in the City of Fargo, North Dakota.
No appeals have been filed in writing against any item appearing on such special assessments list and no person is present at this Hearing to appeal or offer any objection thereto.
City Auditor Steve Sprague said the City Commission annually approves the assessment to the properties connected to the Skyway System and notices were mailed to property owners. He said the total assessment this year is $100,000.00, which covers heating, cooling, regular maintenance and cleaning, and there is also a reserve account for major maintenance issues that may come up such as roof replacement or a new HVAC unit.

In response to a question from Commissioner Gehrig asking if this is one of those assessments tenants ask for, Mr. Sprague said the agreement for the maintenance of the Skyway System goes back to when it was first installed. He said as properties change hands, the agreement that these assessments need to be paid goes along with the property and the property owners are aware of the assessments.
Commissioner Piepkorn moved that the special assessments list for maintenance of the Skyway System be and the same is hereby approved and confirmed and ordered filed in the office of the City Auditor and that the City Auditor's Office be instructed to proceed to collect the assessments in the manner provided by law.

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

Special Assessments List for 2020 New and Reconstruction of City Ordered Sidewalks Approved (Project No. SR-20-A):
A Hearing had been set for this day and hour on the special assessments list for 2020 new and reconstruction of City ordered sidewalks in the City of Fargo, North Dakota, on which special assessments list a Hearing had been held by the Special Assessment Commission after which it had been confirmed and filed with the Board of City Commissioners.
No appeals have been filed in writing against any item appearing on such special assessments lists and no person is present at this Hearing to appeal or offer any objection thereto.
City Auditor Steve Sprague said there are differences in Century Code and that is why the sidewalks and improvement district special assessments are separate items on the agenda. He said Improvement District projects have specific locations, whereas sidewalks are more sporadic in nature where there is a section of sidewalk in one part of the City, another section in a different part of the City and so on. He said notices were sent out regarding the City ordered sidewalks, bids were awarded and completed and no protests were received.
Commissioner Preston moved the special assessment list for 2020 new and reconstruction of City ordered sidewalks in the City of Fargo, North Dakota be and the same is hereby approved and confirmed and ordered filed in the office of the City Auditor, that the City Auditors Office be instructed to proceed to collect the assessments in the manner provided by law and that the interest rate be set at a rate not exceeding .75% percent per annum over the net rate on bonds financing said projects.

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

Special Assessments List for Various Improvement Districts Approved:
A Hearing had been set for this day and hour on the special assessments list for the construction of the following Improvement Districts in the City of Fargo, North Dakota, on which special assessment list a Hearing had been held by the Special Assessment Commission on August 19, 2021 after which it had been confirmed and filed with the Board of City Commissioners:
P.C. Concrete Alley Paving and Incidentals No. AN-19-J.
P.C. Concrete Alley Paving and Incidentals No. AN-20-A.
P.C. Concrete Alley Paving and Incidentals No. AN-20-B.
P.C.C. Paving, Site Grading, Structures, Storm Sewer, Water Main Replacement, Street Lighting, Sidewalk and Incidentals No. BN-20-C.
Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Lighting and Incidentals No. BN-20-E.
Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals No. BN-20-F.
Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals No. BN-20-K.
P.C. Concrete Pavement, Curb and Gutter, Storm Sewer, Sanitary Sewer, Watermain, Sidewalk, Street Lighting, Landscaping and Traffic Signals No. BR-19-A.
Water Main Replacement, Street Reconstruction and Incidentals No. BR-20-A.
Water Main Replacement, Sanitary Sewer Replacement, Street Reconstruction and Incidentals No. BR-20-B.
Sanitary Sewer, Water Main, Storm Sewer, Street Reconstruction and Incidentals No. BR-20-C.
Water Main Replacement, Street Reconstruction, Asphalt Mill and Overlay and Incidentals No. BR-20-E.
Storm Sewer Lift Station Modifications and Incidentals No. NR-19-A.
Asphalt Wear Course and Incidentals No. PN-20-A.
Seal Coat and Incidentals No. PR-20-C.
Asphalt Mill and Overlay and Incidentals No. PR-20-E.
Street Lighting and Incidentals No. SL-20-B.
Street Lighting and Incidentals No. SL-20-C.
Street Lighting Rehabilitation and Incidentals No. SL-20-E.
Storm Sewer Repairs and Incidentals No. UR-20-A.

City Auditor Steve Sprague said these 20 projects, along with the sidewalk projects, total about $39 million of which $23 million is assessed. The projects have been bonded, he said, and the collection of the assessments will retire the bonds. He said there are just under 6,000 parcels affected and the Special Assessment Commission received protests from two residents; one who had a concern with Improvement District No. PR-20-E and wanted to be sure the spread affected everyone in the area and another resident had questions about Improvement District No. BR-19-A, which was the Main Avenue project and that person had questions on assessments for a parking lot.

In response to a question from Commissioner Gehrig asking about the .75% interest rate and is that rate negotiable, Mr. Sprague said the rate is not negotiable at this point due to the fact that the City is paying back bonds that have been pledged to these projects.
Commissioner Piepkorn moved that the special assessments list for the construction of the above listed Improvement Districts be and the same are hereby approved and confirmed and ordered filed in the office of the City Auditor, that the City Auditor's Office be instructed to proceed to collect the assessments in the manner provided by law and that the interest rate be set at .75% per annum over the net rate on bonds financing said projects.

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

Hearing to Transfer the Alcoholic Beverage License from Dakota Liquors LLC d/b/a Main Ave Liquors at 4000 Main Avenue to Long Haul Saloon, LLP d/b/a Main Ave Liquors to be located at 3838 Main Avenue Continued to November 1, 2021:
A Hearing had been set for this day and hour on an application to transfer a Class “B” Alcoholic Beverage License from Dakota Liquors LLC d/b/a Main Ave Liquors located at 4000 Main Avenue to Long Haul Saloon, LLP d/b/a Main Ave Liquors to be located at 3838 Main Avenue; however, the applicant is requesting the Hearing be continued to November 1, 2021.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on Monday, November 1, 2021.

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

Application Filed by Beyond Shelter, Inc. for Payment in Lieu of Tax Exemption (PILOT) Approved:
A Hearing had been set for this day and hour on an application filed by Beyond Shelter, Inc. for a payment in lieu of property tax exemption (PILOT) for the development of a 92-unit senior-designated affordable housing project at 2301 University Drive South.
No written protests have been filed for the attention of the Board.
The Board determined that no person is present at this Hearing to protest or offer objection thereto.
Director of Strategic Planning Jim Gilmour said the project will consist of two phases, with a building for each phase. He said the request is for a 20-year PILOT on both phases, with a first phase exemption of 100 percent of the first building’s value for the first three years, and the next 17 years consisting of a $200.00 per unit payment with a 2 percent appreciation schedule. He said the second phase exemption is for 100 percent of the second building’s value for the first four years, and 16 years at $200.00 per unit plus 2 percent appreciation. The applicant will pay the full land tax, he said, estimated at approximately $15,100.00 annually. He said the zoning on this project is still pending; however, the reason it is being brought forward now is the application deadline for Low Income Tax Credits is September 30th and Beyond Shelter needs to show support from the City in its application. He said approval of the PILOT would also be contingent on the City Commission approving the zoning.

Dan Madler, Beyond Shelter, Inc., said Beyond Shelter is working in partnership with Enclave Development to redevelop the former Kmart site on South University Drive. He said the two buildings will each have 46 units, including 38 one-bedroom and 8 two-bedroom units as well as communal spaces such as community, craft, fitness and computer rooms, a library, an outdoor patio area and detached parking. He said 10 of the units in each phase will be fully accessible. The location is highly desirable due to the fact that is close to healthcare, banking and easy access to I-94, he said, and there is a potential grocery store tenant for the commercial development. Beyond Shelter has been developing affordable housing projects in the Fargo area since 1999, he said, and to date have 325 units that serve the elderly population. The HomeField 3 project recently opened on 42nd Street South and will be fully leased by the end of October, he said. The average age of tenants is 72, he said, and about 69 percent of the units are leased to extremely low-income people.

In response to a question from Commissioner Gehrig asking once the incentive goes away, will this development remain low income, Mr. Madler said deed restrictions are that the property will remain affordable for 31 years at a minimum.

Commissioner Piepkorn said the Kmart site needs redeveloping and to have this type of an anchor on that block is going to be a great addition.
Commissioner Strand moved that the application filed by Beyond Shelter, Inc. for a 20-year payment in lieu of tax exemption pursuant to Chapter 40-57.1, NDCC be approved as follows:

Phase I
Years 1-3 $0
Year 4 $9,200.00
Year 5 $9,384.00
Year 6 $9,572.00
Year 7 $9,763.00
Year 8 $9,958.00
Year 9 $10,158.00
Year 10 $10,361.00
Year 11 $10,568.00
Year 12 $10,779.00
Year 13 $11,215.00
Year 14 $11,215.00
Year 15 $11,439.00
Year 16 $11,668.00
Year 17 $11,901.00
Year 18 $12,139.00
Year 19 $12,382.00
Year 20 $12,630.00

Phase II
Years 1-4 $0
Year 5 $9,200.00
Year 6 $9,384.00
Year 7 $9,572.00
Year 8 $9,763.00
Year 9 $9,958.00
Year 10 $10,158.00
Year 11 $10,361.00
Year 12 $10,568.00
Year 13 $10,779.00
Year 14 $10,995.00
Year 15 $11,215.00
Year 16 $11,439.00
Year 17 $11,668.00
Year 18 $11.901.00
Year 19 $12,139.00
Year 20 $12,382.00

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

Application Filed by Prairie Ridge 4 LLLP for Payment in Lieu of Tax Exemption (PILOT) Approved:
A Hearing had been set for this day and hour on an application filed by Prairie Ridge 4 LLLP for payment in lieu of property tax exemption (PILOT) for a new 120-unit affordable housing facility at 3361 Westrac Drive South, which will include 82 one-bedroom and 38 two-bedroom units dedicated to income-qualified seniors age 55 and older.
No written protests have been filed for the attention of the Board.
The Board determined that no person is present at this Hearing to protest or offer objection thereto.
Director of Strategic Planning Jim Gilmour said the 120-units in this proposed project will serve low-income households and leasing is expected to start in mid-2023. He said the property will be designed to provide interaction and socialization amongst the senior residents, including common area lounges, lobby areas, a library and an exercise room. Prairie Ridge 4 LLLP is sponsored by two entities, he said, who have formed a joint venture business relationship to develop affordable housing communities, including Prairie Ridge 4. He said the two entities are CommunityWorks of North Dakota and Mountain Plains Equity Group, Inc., of Billings, Montana, who have successfully partnered on previous projects and both have a history and demonstrated track record in North Dakota working to provide affordable housing. He said when complete, the building will receive the National Association of Homebuilder’s National Green Building Standard Bronze Certification, which demonstrates Prairie Ridge 4 LLLP’s commitment to green building and energy conservation as an integral part of quality affordable housing. Support services will be available to residents, he said, through a partnership with Southeastern North Dakota Community Action Agency, which will provide a Tenant Support Coordinator to assist residents with mental, physical and financial needs and concerns. The building will be in an established neighborhood close to public transportation, grocery stores, medical services and more, he said, and the project was planned and designed specifically to address a critical shortage of affordable housing for seniors in the Fargo area. He said eligibility will be based on the Area Median Income (AMI) of Fargo, which is $89,400.00 for a family of four and apartment units will be reserved for applicants with income levels at or below 60 percent of AMI. With the approval of the PILOT, he said, the applicant will pay the full land tax estimated at approximately $7,800.00 annually.

Don Sterhan, Mountain Plains Equity Group, said since 2003, the company has developed 54 projects, including 13 in North Dakota with two more projects planned, including Prairie Ridge 4 in Fargo. He said the company started doing tax credit syndication, which is lining up investors who have an interest in putting capital into low-income housing projects and marrying that money with developers. He said the company has five private equity funds under its management representing about $215 million in tax credit equity that has been invested in these projects. In 2010, he said, the company started working as developers due to the fact that many opportunities were going by the wayside and there was a need that was not being addressed. He said the company felt it could take its skill set and expertise and be more proactive about promoting affordable housing where it was needed and the company has successfully done that through partnerships with groups such as CommunityWorks. He said Mountain Plains Equity Group takes a lot of pride in the fact that the design of its buildings are geared to create a community for residents to be interactive and have a chance to socialize. Tenants are lower income seniors, he said, and rents range from $685.00 to $935.00 per month. A market study in Fargo verified the need for this type of housing, he said, and between 2020 to 2025, the expectation is there will be an increase of 594 senior households age 65 and older and 289 of that group would be renters. He said this project is an excellent step in the direction of helping to provide the needed inventory.

In response to a question from Commissioner Piepkorn asking about the 4 percent credit versus the 9 percent credit, Mr. Sterhan said the 9 percent credit is highly competitive. He said his company is not competing for the 9 percent credit; therefore, is not a competitor against the proposal from Beyond Shelter. He said Mountain Plains Equity Group is competing for other funds available through the North Dakota Housing Finance Agency and other available money programs. The 4 percent credit is underutilized, he said, especially in the Fargo area. He said the tax credit calculation is based on a 4 percent number rather than a 9 percent number, which means the company is getting equity capital into a project that is about half of what a 9 percent deal would bring to the table; however, it is unlimited so the company can use as much as it wants. He said if the company can make the 4 percent work, it gives them an opportunity to tap into a resource that is underutilized and they leave the 9 percent for other projects such as Beyond Shelter. He said his company has tried to make the 9 percent work; however, it is tricky due to the fact that there is not as much equity capital in the deal. He said in order to make a deal work, his company looks at bigger projects, 120 units in this case, and that helps the economics of scale. He said another component helping the project is the location. If the company identifies a site within a qualified census tract, which this site is, then the company gets a boost in the number of credits they can qualify for above and beyond the 4 percent, he said.

In response to a question from Commissioner Piepkorn asking about the 9 percent credit and Fargo not getting its fair share and how can Fargo get more of these projects, Mr. Gilmour said Fargo saw a drought of projects during the oil boom due to the fact that there was more of an effort to build housing in western North Dakota. More recently Fargo has been more competitive, he said; however, the projects are extremely hard to fund and two projects that were approved for Downtown last year have been delayed due to utility issues and other costs. He said the good news is Cass County voted to participate in both of these PILOT projects and he has not heard any objection so far from the Fargo School District. He said with the 9 percent credit, most of those projects are in the 40-unit range and with only about four projects statewide, which is less than 200 units a year, it is discouraging.

In response to a question from Commissioner Gehrig asking if this project will remain low-income housing, Mr. Sterhan said it would.
Commissioner Piepkorn moved that the application filed by Prairie Ridge LLLP for a 17-year payment in lieu of tax exemption in the amount of $0.00 pursuant to Chapter 40-57.1, NDCC be approved.

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

Letter of Support for Prairie Ridge Residences Housing Project Approved:
Strategic Planning Director Jim Gilmour stated that in addition to the payment in lieu of tax (PILOT) request, Prairie Ridge 4 LLLP is requesting a letter of support for a grant application to the North Dakota Housing Finance Agency, which is important for the developer to qualify for money for the project.
Commissioner Piepkorn moved a letter of support for the Prairie Ridge Residences Housing Project be approved.

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

COVID-19 Update:
Fargo Cass Public Health Director Desi Fleming said statewide COVID-19 cases continue to increase. She said the current wave of the pandemic is now the second highest and climbing, hospitalizations have increased by 21 individuals since the last report and are totaling 120 people statewide with 83 of those hospitalized not vaccinated. The average age of hospitalizations in North Dakota for a fully vaccinated individual is 74 years, she said, and the average age of an unvaccinated individual is 56 years. Local health systems as well as health systems across the State are running at high census with decreased staffing resources, she said, and last week more than 30 percent of new COVID-19 cases were young people under age 18 as compared to 18.8 percent since the pandemic began. There were 31 new cases in children last week, she said, with a seven-day total of 150 new cases in children throughout the State. Breakthrough cases to date total around 3,500 and account for slightly over 1 percent of total vaccinated cases, she said, which has increased with the Delta variant; however, still remains very low. The age category with the most active cases in Cass County is the 30 to 39 year old demographic, she stated, with the 20 to 29 year old second and the 40 to 49 year old third. Cass County has the highest vaccination rate in the State, she said, and the numbers continue to inch upward. North Dakota ranks 47 out of 50 in the nation for fully vaccinated people, she stated, and the lowest fully-vaccinated rate continues to be the 12 to 18 year olds at 43.9 percent, which is up about 3.3 percent from two weeks ago. She said 19 to 29 year olds is at 46.1 percent, 30 years of age and up ranged from 53 to 78.9, incrementally increasing with age. The pandemic is still being referred to as a pandemic of the unvaccinated, she said; however, it is important to note that this group includes those who are choosing to not be vaccinated and those who cannot be vaccinated, including children under age 12 and those with contraindications to vaccine. She said there has not been final approval for booster doses or details regarding who will receive them; however, it is looking like individuals who initially had the Pfizer vaccine, are over 65 years of age and at risk of severe disease as well as healthcare workers would receive a booster. She said contact tracing was transferred from FCPH to the ND State Health Department earlier this year and that team is currently behind in case investigations; therefore, assistance will now be provided by the North Dakota National Guard.

Drought Status Update: Change from Phase III to Phase II of the City’s Drought Management Plan Approved Effective September 21, 2021:
City Administrator Bruce Grubb said Water Utility personnel have been closely monitoring drought indicators that affect the City’s water supply and recent rains have helped with stream flows in the Red and Sheyenne Rivers; however, the region remains at a water deficit, which will require additional precipitation to remedy. He said current drought indicators in the City’s Drought Management Plan include: no change in Palmer Drought Severity Index (PDSI) with recent rain; slight improvement in the Standard Precipitation Index (SPI) score; stream flows in the Red and Sheyenne Rivers have improved; and reservoir levels have improved; and the Otter Tail watershed area, which is important to future Red River stream flows via Orwell Dam, has not received as much of the recent precipitation compared to other areas in the region. With the recent rains and improvement in the Drought Status Report, he said, Water Utility personnel recommend changing the Drought Status from Phase III to Phase II of the City’s Drought Management Plan, which includes mandatory odd/even watering restrictions versus Phase III, which allowed only one-day-a-week lawn watering.
Water Utility Director Troy Hall said with the increasing stream flows in the Red and Sheyenne Rivers and rising levels in the reservoirs that provide backup water supplies, the drought status could be lowered. He said stream flows account for about 50% in determining the drought indicator. River levels increase with any rain, he said; however, the rivers decline again shortly after it rains, and that trend has continued this month. In the past month with Phase III restrictions, he said, there was a 28% decrease in water use.

In response to a question from Commissioner Gehrig asking if the Water Department monitored water use in the City by residents, Mr. Hall said they did for a short time; however, after the new restrictions were put in place, rain started falling more regularly and lawns began to green up quickly.
Commissioner Gehrig moved the change from Phase III to Phase II of the City’s Drought Management Plan effective September 21, 2021 be approved.

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

Fargo Cass Public Health Update on Escalating Drug Use, Overdoses and Deaths:
Robyn Litke Sall, Prevention Coordinator at Fargo Cass Public Health (FCPH), said overall, overdose deaths in Cass County are projected to drop 8% in 2021, a potential sign local efforts to fight a problem worsening since 2019 are succeeding. She said FCPH’s Harm Reduction Programs and staff have been utilizing many strategies to address overdoses and positive data is coming out. In 2020, she said, the Fargo Police Department reported 91 overdoses of which 18 were fatal, compared to 36 overdoses in 2019 with 11 fatalities. The Coroner’s Office reported 59 total overdoses for Cass County in 2020 compared to 38 in 2019, she said, and as of September 15, 2021, there were 17 opioid-related deaths in Cass County with the projected number for all of 2021 to be 24. In 2020, she said, there were 43 meth-related deaths, with 26 meth-related deaths so far in 2021 with a projected number for all of 2021 to be 37, which is a decrease from 2020. Drug-related deaths in general, according to Cass County coroner data, she said, were 59 in 2020 and 38 so far in 2021. Many people are surviving overdoses, she said, and she shared a graph showing 73 non-fatal and 18 fatal overdose cases in Fargo in 2020, compared to 22 fatal cases and 119 non-fatal in 2021, which shows a lot of the interventions and strategies FCPH has are working and people are surviving. She said the Syringe Services Program saw an 85 percent increase in the number of Narcan distributed between July and December 2020, and an 86 percent increase in opioid overdose reverses, which again shows FCPH’s efforts are paying off, the word is out, people are coming in to get Narcan and they are using it. She said there was a 24 percent increase in participants served and an 18 percent increase in new enrollments. In total, she said, 281 lives were saved as a result of Narcan distributed through the Syringe Services Program.

In response to a question from Commissioner Strand asking what could be done locally to improve the overdose situation, Ms. Litke Sall said prevention is the key and unfortunately prevention is underfunded in the State and with COVID-19, there is hardly any time to devote to prevention. She said other keys are getting more people into treatment and affordable housing.

Mayor Mahoney said he has spoken with local leaders about reinstating the Mayor’s Blue Ribbon Commission on Addiction this fall.

Recommendation from the Finance Committee to Follow City Policy Regarding High Water Consumption and Hold the Property Owner at 534 21st Street North Responsible for the Associated Bills Approved:
City Auditor Steve Sprague said Bob Kjenstad appeared before the Finance Committee August 27, 2021 to appeal high water consumption on rental property owned by his wife at 534 21st Street North. He said the property normally consumes on average 3,000 gallons a month; however, the property used 7,000, 16,000 and 74,000 over the last three months. He said Utility Billing staff advised Mr. Kjenstad it was most likely a malfunctioning toilet; however, Mr. Kjenstad denies that as a possibility and refused to hire a plumber, instead saying it is the City’s problem to fix. Meter Department staff went to the home to test the meter, he said, and to look for any obvious areas of high usage. He said when staff could not find any problems with the meter, as a courtesy they offered to remove and replace the meter. Mr. Kjenstad told staff he did not want a new meter, he said, due to the fact that a cabinet would have to be removed in order to replace the meter. He said the meter reader did change out the meter register, the old register was tested and was found to be functioning properly. He said Mr. Kjenstad wants the bill adjusted and was told the City cannot control where the water goes after the meter. He said the Finance Committee unanimously denied a request for the bill to be waived. He said the meter reading at the house is back to normal consumption and everything indicates an intermittent malfunction of the toilet. The City has many examples of toilets that show they are faulty, he said, including a customer who normally used about 2,000 gallons and then went to 42,000 gallons and to 84,000 gallons. That customer hired a plumber who fixed the toilet and the residence is back to normal consumption. He said there is a currently a customer who has a $1,000.00 bill due to two months of high consumption and the customer has made payment arrangements. He said Mr. Kjenstad talked to the Utility Billing supervisor and did not like that person’s explanation, he talked to the City Auditor and he did not like that explanation either; therefore, this was forwarded to the Finance Committee, which is quite unusual. Mr. Kjenstad gave 17 minutes of testimony, he said and he did not like the result and now is appealing this to the City Commission. If there are any more appeals, he said, they would go to District Court.

In response to a question from Commissioner Gehrig asking the amount of the bill, Mr. Sprague said it is $366.00.

Mr. Kjenstad said the house normally uses between 1,000 and 2,000 gallons of water per month and he saw the meter-recorded consumption go to 7,000, 16,000 and 74,000 gallons. He said the home is owned by his wife and is occupied by a friend of his wife who acts as a caretaker. In all of the years his wife has owned the property, he said, it has not experienced problems with meter readings being unusually high. He said he has checked the toilet and there is no malfunction and if there was, it would have been corrected immediately. He said after the new register was installed, the consumption has dropped to 1,000 gallons with no explanation except the toilet miraculously corrected itself. He said there was no failure in the flapper or the water fill valve and the tenant assures him there have been no issues with the toilet. It is a mystery, he said, why the old register increased the water usage the last three months. He said he is asking for consideration due to the fact that it cannot be determined where all the water went and he is looking for some type of adjustment so he can start over fresh and maintain his $46.00 utility bill due to the fact that he and his wife should not be charged for excessive water usage which they did not incur.

In response to Mayor Mahoney who said after the City’s water team checked the meter did a plumber check the toilet, Mr. Kjenstad said he could not get a plumber to come to the house due to labor shortages and scheduling. He said members of the Finance Committee told him a $366.00 water bill is trivial and he should move on; however, he feels it is now a matter of principle, he has never experienced something like this as a resident of Fargo and a homeowner, and if there was a malfunctioning toilet he would take full responsibility; however, that it is not the case and he does not appreciate being forced to accept he has a malfunctioning toilet when that is not the truth.

In response to a question from Commissioner Strand asking if there have been any instances where the City has met a resident halfway with a large utility bill, Mr. Sprague said the City has no control of the water once it goes through the meter and the City has never done an adjustment. That is the City’s policy, he said, and if the City does not follow the policy, then the City Commission is setting a new precedent.
Commissioner Gehrig moved the recommendation from the Finance Committee to follow City policy regarding high consumption and hold the property owner responsible for the associated bill be approved.

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

Tax Levies for the Budget Year Beginning January 1, 2022 and Ending December 31, 2022 Approved:
Mayor Mahoney said the City Commission has before it the preliminary 2022 budget and proposed tax levies as amended to include a 3.5 percent competitive wage adjustment as the final budget for 2022.
Commissioner Piepkorn moved the 12-month budget beginning January 1, 2022 and ending December 31, 2022 be approved, removing the 2 mils budgeted for the Airport Authority, as follows:
General Fund $104,520,893

Special Revenue Funds:
City Share of Special Assessments 679,000
Noxious Weeds 46,750
Convention Bureau 1,881,984
Regional Law Enforcement Training Center 100,000
Court Forfeits 100,000
SWAT Team 127,247
Skyway Maintenance 166,000
Downtown Business Improvement District 535,000
Neighborhood Revitalization Initiatives (NRI) 8,650
Community Development Block Grant 858,923
HOME Program 1,300,000
HOME Projects 624,091
Parking Authority Operations 7,778,069
Parking Repair and Replacement 95,000
American Rescue Plan 11,439,000
Newman Outdoor Stadium 368,500
Total Special Revenue Fund Expenditures 26,108,214

Debt Service Fund Expenditures $118,119,077

Enterprise Funds:
Water 27,015,094
Solid Waste 17,324,143
Water Reclamation 16,880,413
Transit 13,764,979
FARGODOME 7,325,897
Forestry 2,586,186
Street Lighting 3,979,449
Storm Sewer 3,025,742
Vector Control 1,465,171
Southeast Cass Sewer 81,120
Civic Center 465,302
Airport Authority -
Total Enterprise Fund Expenses $93,913,496

Pension Trust Funds:
City Employee Pension 4,098,000
Police Pension 4,660,500
Total Pension Trust Funds $8,758,500

Grand Total - All Funds $351,420,180

Preliminary Tax Levies Are:
General Fund 49.80
City Share of Special Improvements 1.10
Weed Control 0.10
Airport Construction 0.00
Total Proposed Mills for 2022 Budget 51.00

Second by Strand.

Commissioner Preston said the amount of reserves the Municipal Airport Authority (MAA) has concerns her. She said a reserve account is for covering up to six months of operational expenses; however, the reserve fund the MAA has in place is certainly much larger than that and should be examined.

Commissioner Gehrig said the MAA reserves are not like the City’s; the MAA builds up its reserve to pay off debt, whereas the City takes out loans, which are paid back with property taxes. He said he wishes the City did it the way the MAA does due to the fact that the MAA is not paying interest on loans and the City does pay interest on loans, which are passed on to the taxpayer. As for the rest of the budget, he said, there are some things he likes and some things he does not. He said he likes the fact that there is money for Fire Station No. 8. The City could give a pay raise to all employees and reduce property taxes by 3 mills, he said, if the City Commission cut the Arts and Social Services Fund, which is 1 mil and is a charity run by the City, and take the COLA from 3.5 percent down to the 3-2-1 percentages he previously offered, giving the lowest amount to higher ranking employees, which would save about $2.5 million. He said by doing those two things, the City Commission can still show employees the City Commission cares by giving them a raise, and the City can lower property taxes for Fargo residents. He said more people are moving out of homes and into apartments due to the fact that they do not want to pay the property taxes. He said he is not going to approve pulling the mills for the Airport and if that happens, the Airport will lose about $20 million in Federal funding.

Commissioner Strand said many people worked hard on both sides to try figure out the City’s and the Airport’s future and now a separation has been decided and the Airport can be independent and have its own Authority. He said he begrudgingly supported the separation; however, he did not expect it would include the City continuing to fund up to 4 mills of the City’s budget to the Airport. He said in his mind, going separate means going separate. The Airport has more than $30 million in reserves, he said, and that does not include more than $20 million the Airport received from the Coronavirus Aid, Relief and Economic Security (CARES) Act. He said going forward, if the City agrees to partner and cost share capital improvement projects with the Airport, it should be done proactively up front, set up the agreements, establish the terms, know what the contributions will be and plan accordingly. He said he is not on board with the notion that just because “the City has done it in the past” is a justification for going forward. He said the City should sit down with the Airport and decide what cost shares does the Airport want and what can the City and Airport agree to and then there may be justification for asking for mills from the City; however, that has not happened and it is necessary. He said the 2 mills have not been predetermined to be funded, there have not been any set terms and the separation agreement has to clarify exactly how the City will move into the future.

In response to a question from Mayor Mahoney asking if Commissioner Piepkorn’s motion prevails, would the mill levy drop to 51, Finance Director Kent Costin said that is correct, all of the mills would accrue to the benefit of the City, not to the Airport at all.

Commissioner Gehrig said the President of the MAA told the City Commission why it needs the mills, it is not abnormal or out of the blue. He said Hector International Airport is still a City airport, the City did not break all ties, the City is just no longer offering services to the Airport such as writing checks, information technology and human resources.

In response to a question from Commissioner Preston asking if the MAA is able to incur debt to do capital improvements, Mr. Costin said the MAA can issue debt; however, the City Commission has the ultimate decision over debt levied by the MAA and they cannot levy it on their own.

Commissioner Preston said that is where the financing of capital improvements for the City is very different than the way the MAA is doing it. She does not know if one is right and one is wrong, she said; however, it certainly is different. She said it sounded to her like they are paying for things with cash from federal grants or they dip into the reserve fund until they get those federal grants or they have some other sources of funding. She said she is not completely convinced the vetting process for capital improvement projects is as vigorous as it needs to be and it could be examined more closely. For federal grants, she said, what oftentimes happens is the federal project pays 90 percent, 5 percent is paid for by State and 5 percent is paid by the MAA; therefore, typically the MAA pays that out from the mill levy or its reserve fund.

Mayor Mahoney said Commissioner Strand did bring it up to the MAA that the mill levy is something the MAA should bring before the City Commission and explain what the mill levy is used. He said it would be his preference to pass the budget as it is presented and wait until next year to have a discussion about the Airport mill levy.

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

Second Reading and Final Adoption of an Ordinance Relating to Classification of Ordinance Violations (Yielding and Stopping While Operating a Bicycle):
Commissioner Gehrig moved that the proposed Ordinance Enacting Section 08-1220 of Article 08-12 of Chapter 8 of the Fargo Municipal Code Relating to Overtaking and Passing a Bicycle, Amending 8-1424 and 8-1411 of Article 8-14 of Chapter 8 of the Fargo Municipal Code Relating to Yielding and Stopping while Operating a Bicycle on a Roadway and Obedience to Traffic-Control Devices, and Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations, which was placed on its first reading September 7, 2021, be now placed on its second reading and a vote taken on the question of its final passage and adoption.

Second by Preston. On call of the roll Commissioners Gehrig, Preston, Strand and Mahoney voted aye.
Commissioner Piepkorn voted nay.
The motion was declared carried.
There was unanimous consent to waive reading of the Ordinance in its entirety and no one was present to request that the Ordinance be read.
On the vote being taken on the question of the final passage and adoption of the Ordinance, Commissioners Gehrig, Preston, Strand and Mahoney voted aye.
Commissioner Piepkorn voted nay.
The Ordinance was duly passed and adopted.

Appointment of Members to the Fargo Youth Initiative for the 2020-2021 School Year Approved:
The Board received a communication from City Commissioner Tony Gehrig on his recommendations for appointments to the Fargo Youth Initiative (FYI) for the 2021-2022 academic school year. He said he would like to recommend the following interested participants:
Returning Members: Aarya Panwalker (North-12), Erika Spanjer (North-12), Kha (Andy) Tao (Davies-12); Fatima Alaa Attia (North-12); Samuel Swenson (Shanley-12); Abhijna Kavasseri (North-10).
New Members: Anna French (North-11), Natalie Evensen (South-11), Madeline Abbott (Shanley-10), Ivy Mastrud (North-9), Jadyn Chakua (North-9).
Commissioner Gehrig moved the members recommended to the Fargo Youth Initiative for the 2021-2022 school year be approved.

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

Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Monday, October 4, 2021.

Second by Preston. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:56 o’clock p.m.