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Fargo City Commission - April 20, 2020 Minutes

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 5:00 o'clock p.m., Monday, April 20, 2020.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: This meeting represents a landmark for public meetings in the City of Fargo as the team members are appearing virtually from outside the Commission Chambers. Since mid-March Fargo Cass Public Health Department has been laser focused on the COVID-19 pandemic and continues to provide excellent services in support of the community; the Police Department continues to respond and offer top-notch services to the community all while taking the necessary precautions to keep themselves and the community safe; this is National Library Week and even though facilities are closed to the public, the Library is still offering services online.

Order of Agenda Approved:
Commissioner Grindberg 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 Strand moved that the Minutes of the Regular Meeting of the Board held on April 6, 2020 be approved as read.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.

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

1. 2nd reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Prairie Grove Fifth Addition, Fargo, Cass County, North Dakota.

2. Agreement Regarding Special Assessments with The Municipal Airport Authority.

3. Amended application for Games of Chance for Knights of Columbus Council 11930 for a raffle on 6/18/20.

4. Resolution Moratorium Pertaining to the Mandatory Meeting – Fargo Municipal Code 25-1504.3 (Attachment “A”).

5. Permanent Easement (Sanitary Sewer) and Agreement to Maintain Sanitary Sewer with Great Plains 1001 Holdings, LLC.

6. Drainage Easement Use Agreement with PSJ Acquisition, LLC.

7. Right of Way Use Agreement with Great Plains Mercantile Holdings, LLC.

8. Amended Engineer’s Report for Project No. SR-20-A.

9. Bid award to Fargo Electric in the amount of $358,189.50 for Project No. TR-20-A1.

10. Receive and file General Fund – Budget to Actual through March 2020 unaudited).

11. Receive and file Financial Status Report First Quarter 2020 for major operating funds (unaudited).

12. Contractor’s Release of Claims with United States of America.

13. Actions related to the Community Development Block Grant (CDBG)/HOME Investment Partnerships Programs.

14. Agreement with The Arts Partnership.

15. Purchase Agreement with Great Plains 1001 Holdings, LLC for redevelopment of 11 11th Street North.

16. Bid award to Beyond Shelter, Inc. for development of City-owned property at 314, 320, 324 7th Street North and 712 4th Avenue North (RFP20067).

17. Developer Agreement with Rebuilding Together Fargo-Moorhead Area, Inc. for the redevelopment of 1015, 1019, 1023 and 1027 13th Avenue South, pending legal review.

18. Change Order No. 1 for an increase of $34,606.27 for Project No. WA1862.

19. Bills in the amount of $3,771,230.02.

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

Change Order No. 4 and Time Extension for Improvement District No. BN-18-F2 Approved:
Commissioner Grindberg moved Change Order No. 4 for an increase of $84,465.10 and a time extension to June 15, 2020 for Improvement District No. BN-18-F2 be approved.

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

P.C.C. Paving, Site Grading, Structures, Storm Sewer, Water Main Replacement, Street Lighting, Sidewalk and Incidentals Improvement District No. BN-20-C1: Protests Received and Declared Insufficient:
The Statutory Resolution of Necessity for the construction of P.C.C. Paving, Site Grading, Structures, Storm Sewer, Water Main Replacement, Street Lighting, Sidewalk and Incidentals Improvement District No. BN-20-C1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on March 16 and 23, 2020 and protests representing less than one percent of the legal protest area have been received and filed in the office of the City Auditor within the legal protest period.
Commissioner Grindberg moved the protests be received and filed and declared insufficient.

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

Bids Received for P.C.C. Paving, Site Grading, Structures, Storm Sewer, Water Main Replacement, Street Lighting, Sidewalk and Incidentals Improvement District No. BN-20-C1:
The bids for P.C.C. Paving, Site Grading, Structures, Storm Sewer, Water Main Replacement, Street Lighting, Sidewalk and Incidentals Improvement District
No. BN-20-C1 in the City of Fargo, North Dakota were opened at 2:30 o'clock p.m., April 15, 2020 and the bids were found to be as follows:

Dakota Underground Company, Inc. Fargo, ND
Bid: $5,151,545.62

Northern Improvement Company Fargo, ND
Bid: $5,874,925.05

KPH, Inc. Fargo, ND
Bid: $6,346,010.45

Contract for P.C.C. Paving, Site Grading, Structures, Storm Sewer, Water Main Replacement, Street Lighting, Sidewalk and Incidentals Improvement District No. BN-20-C1 Awarded to Dakota Underground Company, Inc. in the Amount of $5,151,545.62:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of P.C.C. Paving, Site Grading, Structures, Storm Sewer, Water Main Replacement, Street Lighting, Sidewalk and Incidentals Improvement District No. BN-20-C1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received April 15, 2020 for P.C.C. Paving, Site Grading, Structures, Storm Sewer, Water Main Replacement, Street Lighting, Sidewalk and Incidentals Improvement District No. BN-20-C1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for
P.C.C. Paving, Site Grading, Structures, Storm Sewer, Water Main Replacement, Street Lighting, Sidewalk and Incidentals Improvement District No. BN-20-C1 shows the bid of Dakota Underground Company of Fargo, North Dakota, in the sum of $5,151,545.62 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 Dakota Underground Company in the sum of $5,151,545.62is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for P.C.C. Paving, Site Grading, Structures, Storm Sewer, Water Main Replacement, Street Lighting, Sidewalk and Incidentals Improvement District No. BN-20-C1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dakota Underground Company, Inc. for the sum of $5,151,545.62, 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 Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

No Protests Received for Water Main Replacement, Sanitary Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-B1:
The Statutory Resolution of Necessity for the construction of Water Main Replacement, Sanitary Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-B1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on
February 17 and 24, 2020 and no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Grindberg moved that the Board declare that no protests have been filed to the construction of Water Main Replacement, Sanitary Sewer Replacement, Street Reconstruction and Incidentals Improvement District
No. BR-20-B1.

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

Bids Received for Water Main Replacement, Sanitary Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-B1:
The bids for Water Main Replacement, Sanitary Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-B1 in the City of Fargo, North Dakota were opened at 2:30 o'clock p.m., April 8, 2020 and the bids were found to be as follows:

Dakota Underground Company, Inc. Fargo, ND
Bid: $2,375,116.80

KPH, Inc. Fargo, ND
Bid: $2,883,032.75

Border States Paving, Inc. Fargo, ND
Bid: $2,887,586.18

Northern Improvement Company Fargo, ND
Bid: $3,086,964.30

Contract for Water Main Replacement, Sanitary Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-B1 Awarded to Dakota Underground Company, Inc. in the Amount of $2,375,116.80:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Water Main Replacement, Sanitary Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-B1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received April 8, 2020 for Water Main Replacement, Sanitary Sewer Replacement, Street Reconstruction and Incidentals Improvement District
No. BR-20-B1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Water Main Replacement, Sanitary Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-B1 shows the bid of Dakota Underground Company of Fargo, North Dakota, in the sum of $2,375,116.80 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 Dakota Underground Company, Inc. in the sum of $2,375,116.80 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Water Main Replacement, Sanitary Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-B1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dakota Underground Company, Inc. for the sum of $2,375,116.80, 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 Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Bids Received for Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-19-A1:
The bids for Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-19-A1 in the City of Fargo, North Dakota were opened at 2:30 o'clock p.m., April 15, 2020 and the bids were found to be as follows:

Key Contracting, Inc. West Fargo, ND
Bid: $1,232,525.60

CC Steel, LLC Fargo, ND
Bid: $1,624,171.00

Sellin Brothers, Inc. Hawley, MN
Bid: $1,631,567.00

ICS, Inc. Grand Forks, ND
Bid: $1,960,885.50

Contract for Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-19-A1 Awarded to Key Contracting, Inc. in the Amount of $1,232,525.60:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-19-A1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received April 15, 2020 for Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-19-A1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-19-A1 shows the bid of Key Contracting, Inc. of West Fargo, North Dakota, in the sum of $1,232,525.60 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 Key Contracting, Inc. in the sum of $1,232,525.60 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-19-A1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Key Contracting for the sum of $1,232,525.60, 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 Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

No Protests Received for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-20-E1:
The Statutory Resolution of Necessity for the construction of Asphalt Mill and Overlay and Incidentals Improvement District No. PR-20-E1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on March 16, 2020 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Grindberg moved that the Board declare that no protests have been filed to the construction of Asphalt Mill and Overlay and Incidentals Improvement District No. PR-20-E1.

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

Bids Received for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-20-E1:
The bids for Asphalt Mill and Overlay and Incidentals Improvement District
No. PR-20-E1 in the City of Fargo, North Dakota were opened at 2:30 o'clock p.m., April 8, 2020, and the bids were found to be as follows:

Border States Paving, Inc. Fargo, ND
Bid: $1,311,958.68

FM Asphalt, LLC Moorhead, MN
Bid: $1,319,161.80

Northern Improvement Company Fargo, ND
Bid: $1,373,810.62

Central Specialties, Inc. Alexandria, MN
Bid: $1,579,679.99

Contract for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-20-E1 Awarded to Border States Paving, Inc. in the Amount of $1,311,958.68:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Asphalt Mill and Overlay and Incidentals Improvement District
No. PR-20-E1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received April 8, 2020 for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-20-E1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-20-E1 shows the bid of Border States Paving, Inc. of Fargo, North Dakota, in the sum of $1,311,958.68 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 Border States Paving, Inc. in the sum of $1,311,958.68 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-20-E1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Border States Paving, Inc. for the sum of $1,311,958.68, 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 Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Purchase Agreement with Earlyne Hector in Association with Improvement District Nos. BN-20-C1 and NN-20-A1:
The Board received a communication from Land Acquisition Specialist Shawn Bullinger stating a final purchase price has been reached and the City Engineers’ office recommends the purchase of property in association with Improvement District Nos. BN-20-C1 and NN-20-A1.

Commissioner Grindberg moved the Purchase Agreement with Earlyne Hector in association with Improvement District Nos. BN-20-C1 and NN-20-A1 be approved.

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

Memorandum of Offer to Landowner for the Purchase of a Temporary Easement from Ernest E. Iverson Approved (Improvement District No. BN-20-C1):
The Board received a communication from Land Acquisition Specialist Shawn Bullinger requesting authorization to proceed with a Memorandum of Offer to Landowner for a Temporary Easement from Ernest E. Iverson in association with Improvement District No. BN-20-C1 as recommended by the City Engineer’s office. He said a final purchase price of $203.00 has been reached and authorization from the Board is requested to proceed with the purchase.

Commissioner Grindberg moved the Memorandum of Offer to Landowner for the Purchase of a Temporary Easement from Ernest E. Iverson in association with Improvement District No. BN-20-C1 be approved.

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

Memorandum of Offer to Landowner for the Purchase of a Temporary Easement from Matthew S. and Angela K. Hjelseth Approved (Improvement District No. BN-20-C1):
The Board received a communication from Land Acquisition Specialist Shawn Bullinger requesting authorization to proceed with a Memorandum of Offer to Landowner for a Temporary Easement from Matthew S. and Angela K. Hjelseth in association with Improvement District No. BN-20-C1 as recommended by the City Engineer’s office. He said a final purchase price of $305.00 has been reached and authorization from the Board is requested to proceed with the purchase.

Commissioner Grindberg moved the Memorandum of Offer to Landowner for the Purchase of a Temporary Easement from Matthew S. and Angela K. Hjelseth in association with Improvement District No. BN-20-C1 be approved.

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

Memorandum of Offer to Landowner for the Purchase of a Permanent Easement from Michael J. Stock Approved (Improvement District No. BN-20-C1):
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 from Michael J. Stock in association with Improvement District No. BN-20-C1 as recommended by the City Engineer’s office. He said a final purchase price of $7,102.00 has been reached and authorization from the Board is requested to proceed with the purchase.

Commissioner Grindberg moved the Memorandum of Offer to Landowner for the Purchase of a Permanent Easement from Michael J. Stock in association with Improvement District No. BN-20-C1 be approved.

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

Memorandum of Offer to Landowner for the Purchase of Permanent and Temporary Easements from Justin W. and Lindsey D. Fraase Approved (Improvement District No. BN-20-C1):
The Board received a communication from Land Acquisition Specialist Shawn Bullinger requesting authorization to proceed with a Memorandum of Offer to Landowner for Permanent and Temporary Easements from Justin W. and Lindsey D. Fraase in association with Improvement District No. BN-20-C1 as recommended by the City Engineer’s office. He said a final purchase price of $574.00 has been reached and authorization from the Board is requested to proceed with the purchase.

Commissioner Grindberg moved the Memorandum of Offer to Landowner for the Purchase of Permanent and Temporary Easements from Justin W. and Lindsey D. Fraase in association with Improvement District No. BN-20-C1 be approved.

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

Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-E (Various Locations in South Fargo):
Commissioner Grindberg moved the following action be taken in connection with Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-E:

Adopt Resolution Creating Improvement District No. SL-20-E:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. SL-20-E in the City of Fargo, North Dakota, be created

LOCATION:
Rose Creek Parkway East

COMPRISING:
Lots 1 through 30, Block 1.
Lots 1 through 7, Block 2.
Lots 1 through 13, Block 3.
Rose Creek 6th Addition.

All of the foregoing is located in the City of Fargo, Cass County, North Dakota.

NOW, THEREFORE, BE IT RESOLVED, That Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-E in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. SL-20-E:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. SL-20-E in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $53,055.00.)

Order Plans and Specifications for Improvement District No. SL-20-E:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. SL-20-E in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. SL-20-E:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. SL-20-E in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. SL-20-E in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Street Lighting Rehabilitation and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-E in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said Street Lighting Rehabilitation and Incidentals improvement is to be paid from State and Local Funds and approximately 50% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Street Lighting Rehabilitation and Incidentals must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

Direct City Auditor's Office to Call for Bids for Improvement District No. SL-20-E:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. SL-20-E in the City of Fargo, North Dakota.

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

Contract for Seal Coat and Incidentals Improvement District No. PR-20-C1 Approved:
Commissioner Grindberg moved the Contract between the City of Fargo and Pearson Brothers, Inc. for Seal Coat and Incidentals Improvement District No. PR-20-C1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for Seal Coat and Incidentals Improvement District No. PR-20-C1 Approved:
Commissioner Grindberg moved the following described Contract Bond be approved as to sufficiency:
Merchants Bonding Company, in the amount of $687,895.19, for Seal Coat and Incidentals Improvement District No. PR-20-C1 in the City of Fargo, North Dakota.

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

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Rhet and Maha Fiskness, 77 Prairiewood Drive South (3 year).
b. Anthony and Katelyn Breidenbach, 2805 Parkview Drive South (3 year).
c. Stacie and Brian King, 3737 River Drive South (5 year).
d. Rick and Jennifer Barrett, 1025 8th Street North (5 year).
e. Ruby Rules LLC, 321 4th Street North (5 year).
f. Anna Lindberg and Benjamin Holsen, 407 7th Avenue South (5 year).
g. Lindberg Enterprise LLC, 1617 10th Street North (5 year).
h. Kristen L. Bye, 1024 11th Street North (5 year).
i. Jonathan and Roger Thorseth, 3010 8th Street North (5 year).
Commissioner Piepkorn moved the applications be approved.

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

COVID-19 Update:
Desi Fleming, Director of Fargo Cass Public Health (FCPH), said there are a total of 246 cases in Cass County and on April 19th there were 34 positive cases, the highest to date. She said 21 staff members are doing contact tracing with an additional six to be added due to volumes and demand. There are some pockets of increased community spread and the recommendations for good prevention practices continue, she said, such as physical distancing and wearing masks when that is not possible. The CDC team stationed in Bismarck did facility walk-throughs and risk assessments, she said, one of which was at the Gladys Ray Shelter, which resulted in a good report.

In response to a question from Commissioner Piepkorn regarding the number of COVID-19 deaths in Fargo to date, Ms. Fleming said the deaths are not broken down by city but by county. She said there have been thirteen deaths in North Dakota, four of them in Cass County.

In response to a question from Commissioner Gehrig asking when Fargo will open for business again, Mayor Mahoney said he has visited with the Lieutenant Governor who made it clear it is important to get back to work and get businesses back to normal, if possible. The federal guidelines state two weeks of dropping counts first, he said; however, the Governor says that may not be the same for North Dakota due to the low counts and incidents of resurge being so different from New York or New Jersey. The Governor appears to be looking to open things up in May, he said, the question being whether the early part of May or later. The next ten days are critical to see what the counts do, he said, and there are elements to consider such as bankruptcies, unemployment and suicides if businesses do not open. He said it appears the medical community will not be overwhelmed and in his opinion, it could be early May.

Commissioner Gehrig said he hopes it is soon due to the curve in Fargo and North Dakota being very flat. He said the hospital beds have not been overwhelmed and Fargo is more equipped than other parts of the State. He said this is not about overwhelming the system; it is to slowly and logically open businesses and not open up the floodgates on day one. He said people need to work and have the ability to provide for their families and not to rely on others to provide for them. He said it is causing harm, and while he understands trying to be safe and smart, the curve here is flat and he hopes the start to open will be the first of May.

Commissioner Strand said everyone in the community wants healthy people and for the community to open up again; however, it is important to be responsible. When a public health crisis is going on, there are no rulebooks, he said, and people are just doing their best. The flattening of the curve is due to people cooperating and participating, which slowed down the apex, he said.

In response to a question from Commissioner Strand asking about how to respond to concerns he has heard that people, particularly in big box stores, are not wearing masks and the public feels like some businesses are adequately participating while some are not, Ms. Fleming said FCPH does not have authority to say people have to wear masks. She said masks are recommended and a consumer going into a business can choose to wear a mask even if the clerks or others do not.

Commissioner Piepkorn said he has heard that 30 to 40 percent of businesses closed will not be coming back. He said the longer it takes before reopening, the higher that number will be. He said four deaths in Cass County is small when originally it was said there would be 200 million in the country. The United States is based on individual responsibility, he said, and the City Commission should not be mandating requirements. He said he would advise small businesses to keep track of all losses and expenses and talk to their accountants and lawyers. Someone should be responsible for the closure of a business, he said, and while he does not know who that is, somebody will.

In response to a question from Commissioner Strand asking how to know what projections to depend on, Ms. Fleming said FCPH is busy looking at the response side and does not spend a lot of time looking at those numbers so she relies on the ND Department of Health and health partners. She said she knows spikes are expected now and that if normal business is opened, it will not go well which means everyone still has to continue to be smart and to be smart for a long time.

Commissioner Grindberg said Governor Burgum has been clear and consistent that decisions will be made based on data and the data is really driven by testing.

In response to a question from Commissioner Grindberg asking for an update on testing, Ms. Fleming said there can be a disconnect from what the Governor says and testing locally. She said the health care systems may be basing their numbers off what their corporate offices say they have to follow for testing. She said people who are symptomatic are encouraged to test; however, there have been individuals found to be asymptomatic during random testing groups. She said COVID-19 is out there more than is known and testing is available, although there may be a disconnect between those seeking tests and those who actually are tested. Important things are being developed, such as antibody testing to know who may have had it with no symptoms, she said, which will be useful information going forward since this could wane then resurge.

Mayor Mahoney said there will be more testing and it is anticipated North Dakota may run about six percent, which is a very good number.

Commissioner Gehrig said flattening the curve is not about the total number affected, it is about how many get sick at one time so as not to overwhelm healthcare. The point being, he said, is that as long as hospital beds are not overwhelmed, the same number will get sick and likely all will be exposed at some point.

Hearing on Application Filed by Spirit Properties d/b/a Edgewood Tavern for a Class “FA-Golf” Alcoholic Beverage License at 19 Golf Course Avenue North Continued to 5/18/20:
A Hearing had been set for this date and hour on the application filed by Spirit Properties d/b/a Edgewood Tavern for a Class “FA-Golf” Alcoholic Beverage License; however, staff has asked that this hearing be continued to May 18, 2020.

Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on Monday, May 18, 2020.

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

Alley Vacation of the Alley between Lot 12, Block 26 and a Part of Lot 7 and All of Lots 8-12, Block 25, Roberts Second Addition Approved:
A Hearing had been set for August 12, 2019 on an application for the Alley Vacation of the alley between Lot 12, Block 26 and a part of Lot 7 and all of
Lots 8-12, Block 25, Roberts Second Addition (1001 NP Avenue North and 28 10th Street North).
At the August 12, 2019 Regular Meeting the Hearing was continued to August 26, 2019.
At the August 26, 2019 Regular Meeting the Hearing was continued to October 21, 2019.
At the October 21, 2019 Regular Meeting the Hearing was continued to November 18, 2019.
At the November 18, 2019 Regular Meeting the Hearing was continued to December 16, 2020.
At the December 16, 2019 Regular Meeting the Hearing was continued to January 27, 2020.
At the January 27, 2020 Regular Meeting the Hearing was continued to February 10, 2020.
At the February 10, 2020 Regular Meeting the Hearing was continued to February 24, 2020.
At the February 24, 2020 Regular Meeting the Hearing was continued to April 6, 2020.
At the April 6, 2020 Regular Meeting the Hearing was continued to this day and hour.

Planning Coordinator Donald Kress said the project was recommended for approval by the Planning Commission on July 2, 2019. Since that time, he said, the applicant has been working with the City and the utility companies that have service lines in the alley, to meet the State statutes and the City Engineer’s requirements regarding the utility lines, a City sewer line and the appropriate easements and agreements. He said the vacation is a portion of the right-of-way of the alley between Block 25 and Block 26 of Roberts Second Addition. He said the buildings are the former Nestor and Park Company Realty offices, which are vacant and intend to be demolished for development of mixed-use. The Land Development Code does not have a process specifically for the vacation of an alley, therefore, the process being used is from the Century Code with the staff report recommending approval contingent on the following:
1. The applicant submitting executed agreements between the applicant and any remaining private utility providers regarding existing utility lines in the alley.
2. The applicant submitting documentation that the applicant owns the property adjacent to the north side of the alley to be vacated.
He said if approved, staff would hold onto the plat until the contingencies are met. Part of the first contingency has been satisfied, he said, and there is an outstanding easement with a telecommunication provider that the applicant is working on. He said Leslie Johnson Aldrich, 1018 1st Avenue North, contacted the Planning Department by mail stating concerns about how the alley vacation affects parking for her business and indicated that too many alleys in the Downtown area have been vacated.

Deb Wendel Daub, Kilbourne Group, said they have visited with Ms. Johnson Aldrich about her concerns. She said Ms. Johnson Aldrich was told there would be surface parking in the new development and that as the project moves further, they can visit with her about a shared parking agreement if she is interested.
In response to a question from Commissioner Strand asking why the alley is being vacated for the project that is planned, Ms. Wendel Daub said it will be a mixed-use development with a 1,000 square foot restaurant/bar at the intersection of 10th Street North and NP Avenue and includes 152 apartments. She said the building will be 4 stories high with much of the parking enclosed, both below-grade and on-grade. There will be parking stalls for the restaurant and surface parking for residents and guests, she said.

Commissioner Grindberg moved the alley vacation between Lot 12, Block 26 and a part of Lot 7 and all of Lots 8-12, Block 25, Roberts Second Addition be approved contingent upon the stated contingencies being met and to work with the area property owners on parking.

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

Update from Cass Clay Food Partners on Food Access Needs and Issues Related to COVID-19:
Kim Lipetzky, Fargo Cass Public Health Nutritionist, said she and co-presenter, Noelle Harden, University of Minnesota Extension, are the co-chairs of the Cass Clay Food Partners Steering Committee. She said Cass Clay Food Partners is a network of community leaders, local government representatives, and staff and organizations working to build stronger food systems for the region with the mission to assure access to safe, nutritious and affordable food. She said the structure includes the Steering Committee, the Cass Clay Food Commission and the Food Action Network. In response to the COVID-19 pandemic, they are meeting more often, she said, to identify needs, get the word out and to connect the needs to resources. A list of resources has been developed which is continuously being updated, she said, and they are doing Facebook Live briefings. The emergency feeding network and food pantries are seeing an increased demand during this pandemic, she said, and while the food supply is okay right now in the area, as the pandemic continues there is uncertainty on whether or not they can keep up with demand. The usual spring food drives and fundraisers are not happening, she said, so there have been some creative solutions such as virtual food drives and online fundraisers. There is a need for volunteers, she said, and some solutions have been found such as businesses that are shut down due to COVID-19 are paying their employees to be at some of the emergency sites. Transportation is a need for some, especially in the rural areas, she said, and some partnerships have been formed with local agencies and businesses stepping up. She said distribution and access remain challenges.

Ms. Harden said there have been discussions on the big picture nationally such as meat processing plants shutting down and farmers, with no markets, dumping products. She said supply chains could be affected looking further out, which could have local impacts, so they are looking at shorter supply chains, and helping people access local farmers or how residents could produce their own food. An FAQ is being developed to answer policy questions, she said. They are also developing a set of interim policy recommendations, ranging from clarification to jurisdictions passing something such as allowing chickens or boulevard gardening on an interim basis to include a sunset date.

Commissioner Strand said it is important the public knows what is going on with food security right now. He said there are cities with miles and miles of cars lined up for food and it is critical to know work is being done to address the issue into the future. He said he likes the idea of interim policy considerations now when there are issues to address but the long-term is unknown. He said this group is one of many unsung heroes in the community and he thanks them.

Commissioner Grindberg reminded the public that the City of Fargo made a change a couple years ago allowing chickens so that is available to people.

Discussion Regarding the CARES Act-Emergency Fund Relief and Updates:
Commissioner Grindberg said efforts continue to identify gaps with needs changing on a weekly basis. He said just under a million dollars in CARES Act Community Development Block Grant funding was awarded to the City as an entitlement city. He said discussions are taking place on linkage and how programs could help statewide and in Fargo. He said FirstLink has been a real help. In the
6-day period from April 12th to 18th, he said, 130 calls were received, with 730 calls being received to date. He said the top calls are questions on rent payment assistance, food pantries, electric service payment assistance, general COVID-19 information and gas money. All the nonprofits are working on strategies to keep afloat, as well as preserve their core missions, he said.

Updates from the Transit Department:
Transit Director Julie Bommelman said the Transit Department received $7.9 million in Federal funds to help make up for issues related to the pandemic. The Ground Transportation Center (GTC) has closed and is temporarily relocated to the former Health Department Building, mostly due to renovations. She said there are many drivers and public being exposed to each other multiple times a day so safety is continually preached. Some routes have been scaled back or closed, she said, such as the ones around NDSU and West Acres. A fare free transit service has been implemented on both fixed and paratransit routes, she said, and some services will be offered to assist the community. Beginning today, she said, MATBUS will be doing some grocery deliveries and starting Meals on Wheels, paying the most attention to senior citizens and those with disabilities who do not want to be out in the community. Plexiglas barriers have been added for the drivers and riders are boarding buses in the rear for social distancing purposes, she said.

Mayor Mahoney thanked Ms. Bommelman and said her team is doing an outstanding job.

Commissioner Strand commended Ms. Bommelman and her staff for their excellent communication and for doing a good job listening and addressing the concerns of the drivers. He said there are many unsung heroes in all the City departments who are keeping the City running.

Moratorium Pertaining to the Retail Sale of Alcoholic Beverages Extended to May 18, 2020:
Mayor Mahoney said the moratorium for on-sale delivery of alcoholic beverages was passed for 30 days and is now expiring. He said the proposed extension would extend the Moratorium to May 18, 2020 and perhaps by that time the bars could be opening up.

Commissioner Grindberg moved the Moratorium Pertaining to the Retail Sale of Alcoholic Beverages previously approved by the City Commission on
March 23, 2020 be extended to 11:59 p.m. on Monday, May 18, 2020, unless it is otherwise terminated or further extended by Resolution or on a motion by the Board of City Commissioners.

Second by Piepkorn.

In response to a question from Commissioner Gehrig about whether there have been enforcement issues or increases in crime or DUIs, Police Chief David Todd said there have been no issues with the suspension of the Ordinance nor does he have concerns about extending it.

Commissioner Gehrig said if it is working, he would like it made permanent. He said he does not think it affects retail liquor sales and he thinks it is a great idea.

City Attorney Erik Johnson said a motion to make it permanent would start a process for an Ordinance Amendment to the liquor laws. The Board has this power now due to the emergency in place; however, making it permanent would require amending existing laws.

Commissioner Grindberg said he sees a need for two motions, one to extend the current moratorium and an independent motion to begin the process to amend the Ordinance.

Commissioner Gehrig moved to amend the motion to include that the City Attorney start the process of amending the Ordinance.
The motion died for lack of a second.

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

Commissioner Gehrig moved that the City Attorney be directed to start the process of amending the Ordinance.
Second by Grindberg.

Commissioner Strand said it seems that this is something that normally would be routed to the Liquor Control Board and include public discussion. While he does not think there is opposition, he said, he wonders if this is the proper way to do it.

Commissioner Gehrig said usually items like this go to the Liquor Control Board to get a feel of how things might play out. There has been a 30-day litmus test on it already that has worked, he said, so why kick it down the road.

Commissioner Grindberg said there could be a tandem approach to include the Liquor Control Board. He said the industry asked for this and would have opinions as well.

Commissioner Piepkorn said as of now, the Liquor Control Board is not meeting and this does not seem to be an appropriate time.

Commissioner Gehrig said this is a perfect example of how government is slow to react. He said this has worked wonderfully for bars and restaurants to get back on their feet. He said bars and restaurants will not bounce back quickly from the shutdown, if at all, and this is an opportunity to permanently allow them to change their model. This is an opportunity now, he said; yet it is being said to wait for this Board and then that Board and then have conversations. He said the outcome is known, it works and there are no problems. He would like to just act, he said, due to the fact that government is so slow to respond.

Commissioner Piepkorn said this is in the midst of a pandemic when meetings are not happening and it is difficult for public participation. At the appropriate time, he would support it, he said; however, the best solution would be to open up businesses next Monday, and open City Hall. If things wait for it to be safe, that will never happen, he said, due to the fact that safety cannot be guaranteed.

Mr. Johnson said the State of Emergency Declaration that is in place and the take-out moratorium that could be extended again if the State of Emergency continues. Once the emergency ends, whenever that is, he said, that moratorium would also end. He said that is not to say another almost identical moratorium could not be created, using the moratorium as a mechanism to retain status quo-allowing take-out alcohol service with meals- then in due course make appropriate revisions to make the Ordinance permanent. The moratorium was a simple approach, he said, and there are aspects to the on-sale regulations that may need to be considered or defined more clearly; therefore, there could be a continued moratorium even after the emergency has ended by creating a different moratorium allowing retention of the status quo.

Commissioner Grindberg said he recognizes and appreciates the spirit of the motion; however, he will vote against it, agreeing with Mr. Johnson’s logic that there is time to manage this. He said it is probably proper to have this in front of the Liquor Control Board. After listening to the discussion, he said, he feels a slower process may be good.

On call of the roll Commissioner Gehrig voted aye.
Commissioners Grindberg, Strand, Piepkorn and Mahoney voted nay.
The motion died for lack of a majority.

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, May 4, 2020.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:06 o’clock p.m.