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Fargo City Commission - April 6, 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 6, 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: The Inspections Department is fully functional and is utilizing email, phone and digital services remotely; the Fargo Public Library is open online, reference librarians are responding to questions via phone, through social media and through email; online Library card applications are still available; a Stay-at-Home Book Party is held Thursday evenings on the Library’s Facebook page; some of the children’s librarians have filmed story times to run on the Library’s website and social media channels; an analysis of calls for service from the Police Department over the past few weeks shows numbers similar to last year or slightly higher; the Police Department has gone to 12-hour shifts for Field Services and created an isolated reserve force, and the Administration and Investigations Departments are working at alternating times to minimize exposure; and the metro governments and health agencies have released "A United Metro Against COVID-19” video to promote community, calm and preparedness.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved, adding an extra item to the agenda to consider a Resolution to provide for all mail-in election balloting for the June 9th City elections.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Grindberg moved that the Minutes of the Regular Meeting of the Board held on Monday, March 23, 2020 be approved as read.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.

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

1. 2nd reading and final adoption of an Ordinance Amending Sections 21-0601 and 21-0603 of Article 21-06 of Chapter 21 of the Fargo Municipal Code Relating to Flood Plain Management; 1st reading, 3/23/20.

2. Receive and file Complaint entitled Dennis William Merritt v. City of Fargo, et al.

3. Extension of the COVID-19 Emergency Declaration.

4. Bid award to MidStates Wireless in the amount of $120,826.88 for Outdoor Warning Sirens (RFP20049).

5. Amended Engineer’s Report for Project No. TR-20-A.

6. Bid award to Dakota Plains Mechanical in the amount of $98,698.92 for heating pump replacement at the FARGODOME.

7. Notice of Grant Award from the USDA and the ND Department of Health for the WIC Program (CFDA #10.557).

8. Mural Agreement with Catie Miller.

9. Notice of Grant Award from the ND Department of Health for Title X Family Planning Program (CFDA #93.217).

10. Purchase of Service Agreement with Cass County Human Service Zone Board.

11. Temporary City of Fargo employment policies (Families First Coronavirus Response Act (FFCRA) Policy and Emergency Paid Leave Policy).

12. Resolution Approving Plat of Rail Crossing First Addition (Attachment “A).

13. Fourth Amendment to Parking Management Agreement with Interstate Parking Company of North Dakota, LLC.

14. Emergency motor grader repair from RDO Equipment in the amount of $65,773.89.

15. Rebate Grant Agreements with ND Department of Environmental Quality, Air Quality Division.

16. Sole Source Procurement with Sundre Sand and Gravel, Inc. for emergency snow cat assistance (SSP20071).

17. Task Order from Wenck Associates for Civil Engineering Site Design Services in the amount of $61,660.00 relative to Project No. SW20-01.

18. Task Order from Wenck Associates for a Facility Plan Update in the amount of $55,870.00.

19. Sole Source Procurement with Metrohm Process Analytics for a process analyzer in the amount of $77,817.00 (SSP19175).

20. Agreement for Cost-Share Reimbursement City of Fargo Downtown Water Tower Project with the ND State Water Commission for Project No. WA1910.

21. Bills in the amount of $8,961,924.51.

Second by Gehrig. On call of the roll Commissioners Strand, Gehrig, Grindberg, Piepkorn and Mahoney voted aye.

No Commissioner being absent and none voting nay, the motion was declared carried.

Amended Engineer’s Report for Improvement District No. BR-20-B Approved:
The Board received an Amended Engineer’s Report from Assistant City Engineer Tom Knakmuhs for Water Main Replacement, Sanitary Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-B.

Commissioner Strand moved the Amended Engineer’s Report for Improvement District No. BR-20-B be approved.

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

Amended Engineer’s Report for Improvement District No. PR-20-E Approved:
The Board received an Amended Engineer’s Report from Assistant City Engineer Tom Knakmuhs for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-20-E.

Commissioner Strand moved the Amended Engineer’s Report for Improvement District No. PR-20-E be approved.

Second by Gehrig. On call of the roll Commissioners Strand, Gehrig, Grindberg, Piepkorn 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 Greenscape Companies, Inc. Approved (Improvement District No. BN-19-A1):
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 Greenscape Companies, Inc., in association with Improvement District No. BN-19-A1 as recommended by the City Engineer’s office. He said a final purchase price of $600.00 has been reached and authorization from the Board is requested to proceed with the purchase.

Commissioner Strand moved the Memorandum of Offer to Landowner for the Purchase of a Permanent Easement from Greenscape Companies, Inc. in association with Improvement District No. BN-19-A1 be approved.

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

Contract Amendment No. 3 for Improvement District No. BN-19-A3 Approved:
Commissioner Strand moved Contract Amendment No. 3 with Houston Engineering in the amount of $12,242.00 for Improvement District No. BN-19-A3 be approved.

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

Task Order No. 3 for Improvement District No. BR-19-A0 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee stating Apex Engineering was selected by the NDDOT to provide construction inspection and staking for the 2020 Main Avenue Project. They said the scope of services included inspection of all items on the project with the exception of the City’s sanitary sewer and water main. Since Apex Engineering designed the City’s sewer and water for this project and was selected by NDDOT to inspect the rest of the project, they said, it is in the City’s best interest to utilize Apex Engineering for the inspection of the City’s sewer and water.

Commissioner Strand moved Task Order No. 3 in the amount of $106,258.00 to Apex Engineering for Improvement District No. BR-19-A0 be approved.

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

P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-J (Various Locations in North Fargo):
Commissioner Strand moved the following action be taken in connection with P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-J:

Adopt Resolution Creating Improvement District No. AN-19-J
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. AN-19-J in the City of Fargo, North Dakota, be created

LOCATION:
From 11th Avenue to 12th Avenue North between 3rd Street and 4th Street North.

COMPRISING:
Lots 1 through 12, west 1/2 of 13, 14 through 24, Block 3.
All in Hector’s Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-J 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. AN-19-J:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. AN-19-J 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 $196,676.00.)

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. AN-19-J:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. AN-19-J 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. AN-19-J 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 Improvement District No. AN-19-J 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 P.C. Concrete Paving and Incidentals Improvement District No. AN-19-J 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 the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed P.C. Concrete Paving 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.

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

Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Lighting and Incidentals Improvement District No. BN-20-E (Various Locations in South Fargo):
Commissioner Strand moved the following action be taken in connection with Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Lighting and Incidentals Improvement District No. BN-20-E:

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

LOCATION:
On 72nd Avenue South between 26th Street South and Cass County Drain 53.
On 73rd Avenue South, between 25th Street South and Cass County Drain 53.
On 27th Street between 72nd Avenue South and 73rd Avenue South.
On 28th Street between 72nd Avenue South and 73rd Avenue South.
On 29th Street between 72nd Avenue South and 73rd Avenue South.
On 30th Street between 72nd Avenue South and 73rd Avenue South.
The north half of the south half of the southeast quarter of T138N R49W Section 11 of Cass County.

COMPRISING:
Lots 10 through 12, Block 3.
All platted in Madelyn’s Meadows First Addition.

Lots 1 through 17, Block 1.
Lots 1 through 20, Block 2.
Lots 1 through 16, Block 3
Lots 1 through 16, Block 4.
Lots 1 through 8, Block 5.
All platted in Madelyn’s Meadows Second Addition.

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

All of the unplatted land in the north half of the south half of the southeast quarter of T138N R49W Section 11.

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

NOW, THEREFORE, BE IT RESOLVED, That Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Lighting and Incidentals Improvement District No. BN-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. BN-20-E:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-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 $3,188,223.11.)

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-20-E:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-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. BN-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 Improvement District No. BN-20-E 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 Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Lighting and Incidentals Improvement District No. BN-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 the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Lighting and Incidentals must be in writing and must be filed with the City Auditor's Office within 30 days after 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.

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

Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-F (Various Locations in South Fargo):
Commissioner Strand moved the following action be taken in connection with Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-F:

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

LOCATION:
On 62nd Avenue South from 175’ east of 21st Street South to 155‘ west of 18th Street South. On 21st Street South from Bennet Court South to 64th Avenue South. On 22nd Street South from 190’ south of 61st Avenue South to 62nd Avenue South.

COMPRISING:
Lots 20 through 30, Block 4.
Lots 1 through 3, Block 5.
All platted within Legacy I Third Addition.

Lots 6 through 11, Block 1.
Lots 12 through 25 and Lots 27 through 45, Block 2.
Lots 1 through 6, Block 3.
Lots 1 and 2, Block 4.
Lots 1 through 4, Block 5.
Lot 19 and Lots 30 through 49, Block 8.
Lots 21 through 33, Block 11.
Lots 1 through 35, Block 12.
All platted within Legacy I Fourth Addition.

Lot 1, Block 1.
Lots 1 and 2, Block 2.
Lots 1 and 2, Block 3.
Lots 1 through 28, Block 4.
Lots 1 through 22, Block 5.
All platted within Legacy I Sixth Addition.
All the foregoing located in the City of Fargo, Cass County, North Dakota.

NOW, THEREFORE, BE IT RESOLVED, That Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-F 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. BN-20-F:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-20-F 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 $2,462,176.08.)

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-20-F:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-20-F 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. BN-20-F 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 Improvement District No. BN-20-F 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 Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-F 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 the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights 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.

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

Asphalt Wear Course and Incidentals Improvement District No. PN-20-A (Various Locations in South Fargo):
Commissioner Strand moved the following action be taken in connection with Asphalt Wear Course and Incidentals Improvement District No. PN-20-A:

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

LOCATION (Section 1):
On Agassiz Xing South north of 24rd Avenue South.

LOCATION (Section 2):
On 51st Avenue South from 53rd Street South east to east end of cul-de-sac.

LOCATION (Section 3):
On 56th Avenue South from 63rd Street South to 67th Street South.
On 57th Avenue South from 62nd Street South to Deer Creek Parkway.
On 58th Avenue South from 58th Street South to Deer Creek Parkway.
On 59th Avenue South from 58th Street South to Deer Creek Parkway.
On 60th Avenue South from 58th Street South to Deer Creek Parkway.
On 61th Avenue South from 59th Street South to Deer Creek Parkway.
On 63rd Avenue South from 58th Street South to Deer Creek Parkway.
On 58th Street South from ½ way between 57th Avenue South and 58th Avenue South to 63rd Avenue South.
On 58th Street South from 58th Avenue South to 61st Avenue South.
On 61st Street South from ½ way between 57th Avenue South and 58th Avenue South to 63rd Avenue South.
On 62nd Street South from 57th Avenue South to 58th Avenue South.
On 62nd Street South from 63rd Avenue South to 138’ south of 63rd Avenue South.
On 63rd Street South/Deer Creek Parkway from 52nd Avenue South to 63rd Avenue South.
On 67th Street South from 56th Avenue South to 140’ north of 56th Avenue South.

LOCATION (Section 4):
On 14th Street South from address 6052 to 6128.
On 18th Street South from 61st Avenue South to 63rd Avenue South.
On 62nd Avenue South from 18th Street South to 170’ east and 134’ west of the intersection.
On 63rd Avenue South from 18th Street South to the west 132’.

LOCATION (Section 5):
On 14th Street South from 70th Avenue South to 75th Avenue South.
On 15th Street South from 70th Avenue South to 75th Avenue South.
On 71st Avenue South from 72nd Avenue South to 15th Street South.
On 72nd Avenue South from 71st Avenue South to 15th Street South.
On 73rd Avenue South from 15th Street South to 25th Street South.
On Shawna’s Place South west of 14th Street South.
On 75th Avenue South from 14th Street South to Eagle Pointe Drive South.

COMPRISING (Section 1):
Bound on the north by I94.

Bound on the east by the edge of Lot 1, Block 1, Hom 1st Addition. Then along the south edge of Lot 1, Block 1 Hom 1st Addition. Then along the east edge of Lot 1, Block 1, Hom 2nd Addition.

Bound on the south by 23rd Avenue South.

Bound on the west by 51st Street South.

COMPRISING (Section 2):
Lots 1 through 13, Block 1, Commerce on 52nd 1st Addition.

COMPRISING (Section 3):
Bound on the north by 52nd Avenue South.

Bound on the east by the east edge of Lot 1, Block 1, Currer Trust Subdivision and Lot 4, Block 1, Ken’s Subdivision. Then on the north and east edges of Lot 1, Block 1, GSR Addition. Then along Drain 27.

Bound on the south by the south City of Fargo boundary line.

Bound on the west by the west City of Fargo boundary line.

COMPRISING (Section 4):
Lots 1 through 9, Block 1.
Lots 1 through 3, Block 2.
All in Winchester Square.

Lots 1 through 5, Block 1.
Lots 1 through 9, Block 2.
Lots 21 through 33, Block 11.
Lots 1 through 22, Block 12.
All in Legacy I Fourth Addition.

COMPRISING (Section 5):
Bound on the north by 70th Avenue South.

Bound on the east by the east edge of Lots 1 through 5, MGB 2nd Addition. Then along the east edge of Lots 1 through 10, Block 1 and Lots 1 through 12, Block 2, Eagle Pointe 1st Addition. Then along the east edge of Lot 1, Block 1, Walsh’s 1st Subdivision.

Bound on the south by 76th Avenue South.
Bound on the west by 25th Street South.

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

NOW, THEREFORE, BE IT RESOLVED, That Asphalt Wear Course and Incidentals Improvement District No. PN-20-A 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. PN-20-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PN-20-A 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 $2,570,724.00.)

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. PN-20-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. PN-20-A 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. PN-20-A 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 Improvement District No. PN-20-A 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 Asphalt Wear Course and Incidentals Improvement District No. PN-20-A 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 the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Asphalt Wear Course and Incidentals must be in writing and must be filed with the City Auditor's Office within 30 days after 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.

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

Street Lighting and Incidentals Improvement District No. SL-20-C (Various Locations in North Fargo):
Commissioner Strand moved the following action be taken in connection with Street Lighting and Incidentals Improvement District No. SL-20-C:

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

LOCATION:
19th Avenue North to 32nd Avenue North and between University Drive North and Broadway North.

12th Avenue North to 14th Avenue North and between Oak Street North and Elm Street North.

COMPRISING:
All property located within the area bordered:

Bound on the West by University Drive North.
Less 9 ½ Street North and Part of 10th Street North.
Block 1, Lot 1.
Block 2, Lots 1 through 11.
Block 3, Lots 1 through 11.
Sunwood Addition.

Bound on the North by 32nd Avenue North.
Bound on the East Mid-Block by Broadway North.
Block 2, Lots 9 through 16.
Block 6, Lots 9 through 16.
Knollbrook Addition.

Block 5, Lots 11 through 20.
Laurence Yunker 1st Addition.

Bound on the East Mid-Block by 7th Street North between 19th Avenue to 25th Avenue North.
Bound by 8th Street North between 25th Avenue to 28th Avenue North.
Block 4, Lots 1 through 11.
Block 5, Lots 1 to 3.
Peter Sway 3rd Addition.

Bound on the South by 19th Avenue North.
Bound on the West by Mid-Block by Oak Street North.
Bound on the North by 14th Avenue North.
Bound on the East Mid-Block by Elm Street North.
Bound on the South by 12th Avenue North.
All of the foregoing is located in the City of Fargo, Cass County, North Dakota.

NOW, THEREFORE, BE IT RESOLVED, That Street Lighting and Incidentals Improvement District No. SL-20-C 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-C:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. SL-20-C 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 $1,080,542.95.)

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. SL-20-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. SL-20-C 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-C 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 Improvement District No. SL-20-C 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 and Incidentals Improvement District No. SL-20-C 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 and Incidentals improvement is to be paid from State and Local Funds, and approximately 88% 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 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.

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

Contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-A1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and Border States Paving, Inc. for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-A1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-A1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
Liberty Mutual Insurance Company, in the amount of $2,163,635.63, for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-A1 in the City of Fargo, North Dakota.

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

Contract for Storm Sewer Repairs and Incidentals Improvement District No. UR-20-A1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and Dirt Dynamics, LLC for Storm Sewer Repairs and Incidentals Improvement District No. UR-20-A1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for Storm Sewer Repairs and Incidentals Improvement District No. UR-20-A1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
RLI Insurance Company, in the amount of $689,391.10, for Storm Sewer Repairs and Incidentals Improvement District No. UR-20-A1 in the City of Fargo, North Dakota.

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

State Water Commission Request for Cost Reimbursement for FM Diversion Flood Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $98,001.53 for cost reimbursement for the FM Metropolitan Area Flood Risk Management Project for February 2020.
Commissioner Grindberg moved the cost reimbursement request in the amount of $98,001.53 for the FM Diversion Flood Project be approved as presented.

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

Spring Flood Update:
Division Engineer Nathan Boerboom said the National Weather Service Probabilistic Forecast on March 2nd stated the Red River at Fargo had a 10 percent chance of reaching 38 to 39 feet and that forecast was due to the uncertainty of March weather. He said the total precipitation from September 1st through February 11th was the third wettest on record. Total snowfall for November through March was 39.8 inches, he said; however, less than two inches of snow fell in February and March, which was the third driest on record, which was a huge factor in what the City experienced for a flood. The Red River crested in Fargo last week at a little over 28 feet and since then, he said, the river has gone down to about 24 feet. With the most recent storm, he said, he is expecting another small rise on the river over the next few days and the river stage is expected to rebound to about 27 feet, which means some of the road closures currently in place will have to stay. Public Works closed gates on the storm sewer lift stations about two weeks ago, he said, and early last week, the City went into a 100 percent pump scenario and every bit of runoff or snow melt is being pumped into the river.

In response to a question from Commissioner Piepkorn asking about sandbags and if they could be dispersed to rural areas, Mr. Boerboom said Cass County’s flood is not over yet. It is projected that the Sheyenne River will rise this week, he said, and the northwest area of West Fargo and some areas near Harwood will have flooding. He said Cass County has put out notices on what the procedures are to get sandbags and that they are available for other communities that may need them.

Commissioner Piepkorn said he recently drove north of Glyndon, Minnesota, on Highway 6, past one farmstead that was sandbagged and pumping water and the very next neighbor had a tiled field and the pumps were running full blast. He said he did not realize that rural landowners are allowed to drain fields during a flood and this is something that needs to change. This is not the City’s lane to drive in, he said, it is an issue for the Legislature; however, he would encourage Minnesota and North Dakota to declare that landowners immediately stop discharging water during a flood and there should be legislation specifically prohibiting this. He said what he finds ironic is the very same people who are against the F-M Diversion are the ones putting water into the river during a flood and that greatly bothers him.

Application Filed by RED E, LLC for a Five-Year Property Tax Exemption Approved:
A Hearing had been set for this day and hour on an application filed by Red E, LLC for a 5-year, 100% property tax exemption for a project at 2700 7th Avenue North which the applicant will use in the operation of manufacturing essential oil extraction machines, a distribution center for aftermarket agricultural parts and engineering consulting services.
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.

City Assessor Ben Hushka said the proposed business plan is to relocate to Fargo from a small location in West Fargo and expand from 11 employees to 20 employees over the next five years. He said of the nine new jobs, six will pay more than $15.00 an hour and three of the new jobs will pay more than $28.00 an hour. He said the value of the portion of the building leased by the company is $460,000.00 and the property tax savings would be about $6,700.00 a year. He said the Tax Exempt Review Committee uses a 100-point rating system based on such things as number of jobs created and salaries and RED E, LLC scored 104.5 points, which would have triggered an approval.

Jesse Faul, Vice President of RED E, LLC, said the company has never owned its own building and this is a great opportunity to partner with Amity Technology in Fargo and keep the company growing and stay connected to the agricultural sector.

In response to a question from Commissioner Gehrig asking if the company would have done this expansion without the incentive, Mr. Faul said they would; however, the incentive offers the opportunity to do some remodeling and other projects.

Commissioner Gehrig thanked Mr. Faul for his honesty and said as always, the project would still go forward without the incentive and the but-for question is not there so he will be voting “no.” He said he does not blame the company for asking for the incentive due to the fact that Fargo is offering it.

Commissioner Piepkorn said this is a West Fargo business coming to Fargo, where they will be creating jobs that pay a decent salary. This is a great addition to Fargo, he said, and Fargo needs to compete for those businesses that have multiple opportunities to go anywhere in the country.

In response to a question from Commissioner Gehrig asking if there is a state income tax incentive, Mr. Hushka said there is; however, it is a different application.

Commissioner Gehrig said Fargo is possibly using incentives from the state, the schools, the Park Board, the Airport, Vector Control and the City and applying that to this incentive without any of them saying “yes” or “no.” He said growth happens in Fargo because Fargo is the best community for a business to grow, not because of incentives.

In response to a question from Commissioner Piepkorn asking if the company looked at moving to other cities, Mr. Faul said this opportunity came up through the company’s connections with Amity Technology. He said he guarantees that if there is a better opportunity to go somewhere else that had better tax incentives and lower costs, he would do it in a heartbeat. He said the company rents a building in West Fargo that is too small. RED E, LLC was recently approved as a primary sector business, he said, and has hired four people in the last three months due to the fact that the company is extremely busy with sales all over the country as well as in Canada and Russia.
He said his roots are in Horace and West Fargo; however, if the company can make this work in Fargo, that is all that matters. He said he loves North Dakota and this where he wants to stay and he appreciates the incentive and the opportunity to invest in the community.

Ryan Aasheim, Greater Fargo Moorhead Economic Development Corporation, said when he thinks about a young company like RED E, LLC that is in the early stages of its growth and has so much business due to the value of the product that they are offering and they cannot keep up, they are hiring people and it is still not enough. With the current situation where many are facing layoffs and unemployment, here is a company that is diversifying the economic sector, developing aftermarket technologies for ag equipment and is selling those products all over the world. He said there is a lot of good and promising things in the future for RED E, LLC and he is excited to see it happen and excited that they are doing it in Fargo. He said for a company like this one, any breaks they can get, whether it is a tax incentive or a grant, they are going to use it to grow their company.

In response to a question from Commissioner Piepkorn asking if the City did away with tax incentives, what kind of impact would that have on economic development, Mr. Aasheim said if everyone else kept them, Fargo would be at a disadvantage. It is a competitive market and there are thousands of competitors hungry for companies like RED E, LLC to come and open up shop. He said they just happen to be loyal to North Dakota and are looking for opportunities to grow in Fargo.

Commissioner Gehrig said when he talks to business owners about growing a business in Fargo they talk about the community, workforce, schools, housing and infrastructure. Very rarely are tax incentives the reason businesses come to Fargo, he said, and the clear truth is companies know the incentives are offered so they take it. He said he has asked the question many times and that is always the answer and it happens again and again, from FedEx to Aldevron and every single time, if they are honest, they will say they will come to Fargo anyway; however, if Fargo is offering an incentive, they will take it. He said he does not blame the company, he blames Fargo for giving it away.

Commissioner Piepkorn said Fargo is in competition all day every day, businesses have thousands of options and Fargo is just one of them and so Fargo has to sell itself due to the fact that businesses do not come to Fargo for the beautiful beaches, palm trees or lovely smiles.

In response to a question from Commissioner Strand asking how time-sensitive is this issue and if there is still an opportunity for it to go before the Tax Exempt Review Committee for analysis, Mr. Hushka said the lease the company signed for the building is contingent on receiving the incentive.

Mayor Mahoney said if a company gets more than a 100 percent score, which RED E, LLC, did, it would automatically trigger an approval for the incentive.

Commissioner Strand said he recalls when FedEx was being discussed, incentives were not intended to help cities compete against each other; however, this is a West Fargo business looking for an incentive to move to Fargo.

Commissioner Grindberg said the FedEx project was not primary sector, which is why he voted against it, and in his opinion the City should not be granting business incentives to non-primary sector businesses. He said that is the genesis behind when this legislation started and what is being sustained by the EDC. Primary sector is the magic word, he said, and a West Fargo business is in the same political subdivision as Fargo, therefore, if it were a West Fargo political subdivision, he would guess the company would be applying to West Fargo for the same thing and he does not see it as a direct competition. He said to Commissioner Gehrig's point regarding corporate tax incentives, that is a state decision, not a local one.

Commissioner Piepkorn moved that the application filed by Red E, LLC for a five-year, 100% property tax exemption for a project at 2700 7th Avenue North pursuant to Chapter 40-57.1, NDCC be approved.

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

Hearing on 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 Continued to April 20, 2020:
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 this day and hour; however, the applicant has requested the Hearing be continued to April 20, 2020.

Commissioner Grindberg moved the hearing be continued to 5:15 o’clock p.m. on Monday, April 20, 2020.

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.

Parcels of Land in Prairie Grove Fifth Addition Rezoned (5354 26th Street South):
A Hearing had been set for March 23, 2020, on a petition requesting a change in zoning from LC, Limited Commercial with a C-O, Conditional Overlay to MR-3, Multi-Dwelling Residential on parcels of land in Prairie Grove Fifth Addition.
At the March 23, 2020 Regular Meeting the Hearing was continued to this date and hour.

Current Planning Coordinator Donald Kress said the proposed subdivision would remove portions of the existing negative access easement along 25th Street South and 53rd Avenue South. He said the proposed removal of the negative access easement has been reviewed and approved by the City Traffic Engineer and the City has made the applicant aware that as traffic volumes increase, there may not be full access onto 25th Street South from the property. The applicant is proposing a 55 and older multi-dwelling building, which will be similar to the property to the west.

Commissioner Grindberg 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 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 Grindberg, 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 Lying in Prairie Grove Fifth Addition, Fargo, Cass County, North Dakota:
Commissioner Grindberg 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 Lying in Prairie Grove Fifth Addition, Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Prairie Grove Fifth Addition:
Commissioner Grindberg 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 “Prairie Grove Fifth Addition” containing 1 Lot, 1 Block and 2.51 acres of land more or less, located at 5354 26th Street South; and
WHEREAS, A Hearing was held December 3, 2019 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 March 9 and 16, 2020 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., March 23, 2020. At the March 23, 2020 City Commission meeting, the Hearing was continued to April 6, 2020 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 “Prairie Grove Fifth 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 Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Public Hearing on Actions Related to the Community Development Block Grant (CBDG)/HOME Investment Partnerships Programs:
A Hearing had been set for March 23, 2020 to consider actions related to the Community Development Block Grant (CBDG)/HOME Investment Partnerships Programs.
At the March 23, 2020 Regular Meeting, the Hearing was continued to this date and hour.

Planning Director Nicole Crutchfield said the City is proposing various actions related to its CBDG and HOME Investment Partnerships Programs, which are grants awarded to the City by the U.S. Department of Housing and Urban Development (HUD). She said a Public Hearing regarding the proposed actions is required and all citizens are welcome to submit comments at any time during the public comment period, which runs through April 8th, and the public is also invited to speak at this Hearing. She said no City Commission action is required at this meeting and final City Commission consideration will be on Monday, April 20, 2020. The proposed actions, she said, include activity amendments regarding slum and blight abatement/hazardous property clearance at 916 5th Avenue South and an affordable housing development at 712 4th Avenue North and at 314, 320 and 324 7th Street North. She said HUD also requires its grantees to adopt a Citizen Participation Plan that sets forth the City’s policies and procedures for citizen participation related to its HUD HOME and CDBG programs. The current plan, she stated, is outdated and an amended plan has been drafted.
Mayor Mahoney closed the public hearing.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. 55 South 27th Street LLC, 55 27th Street South (3 year).
b. Bridget and Bryan Hins, 1461 East Gateway Circle South (5 year).
c. Vincent L. Ulstad, 146 Prairiewood Drive South (3 year).

Commissioner Piepkorn moved the applications be approved.

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

John Cosgriff Appointed to the Airport Authority:
The Board received a communication from Mayor Mahoney recommending that John Cosgriff be appointed to the Airport Authority to replace Virginia Clark whose term expired will expire on April 8, 2020.
Commissioner Grindberg moved John Cosgriff be appointed to the Airport Authority for a five-year term ending April 8, 2025.

Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn 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 11 more positive cases of COVID-19 were reported and Cass County now has 65, which is the highest County in the State. She said there was also another death today, this one in Emmons County, which makes four deaths in the State. She said Governor Doug Burgum announced new executive orders today, one being anyone who tests positive for COVID-19 in any household have a mandatory quarantine of 14 days and he suspended all visitation at long-term care, basic care and assisted living centers, except for extreme circumstances such as end of life. In Fargo, she said, the long-term care facilities have been very restrictive; however, there was never an order to suspended visitation. She said it is now recommended that non-healthcare people wear cloth facemasks when going to the grocery store, pharmacy or other places where social distancing is difficult. She said that is beneficial for those who may be asymptomatic or pre-symptomatic or are having mild symptoms to control the spread of droplets. It is not a prevention measure for those who are well, she said. FCPH is very busy with contact tracing, she said, with about 26 staff members trained for this task and they work from morning until about 9 p.m., they split shifts and also work on the weekends. It is a very involved process, she said, as far as initial interviews, which can take up to an hour, trying to find out demographics and where they have been. She said there has also been a lot of messaging and a lot of media trying to identify misinformation.

In response to a question from Commissioner Gehrig asking if someone tests positive, is there is a 14 day quarantine and is that quarantine in their home, Ms. Fleming said it is and it is an order, it is not voluntary.

In response to a question from Commissioner Gehrig asking how is a quarantine enforced, how heavy handed should the City be and if the Police get involved does that mean it is a crime and how does FCPH check on them, Ms. Fleming said it is a daily phone call. She said in Ramsey County there was an issue of someone who was not following the quarantine order; therefore, a State Health Officer Quarantine was ordered and usually when that happens, it is very impactful and the person usually listens. She said everyone must understand that this is a very infectious virus and it could impact their family and those around them. Most people are agreeable to doing what they are supposed to do for the greater good, she said.

COVID-19 Impacts on the 2020 Budget:
Mayor Mahoney said there are three major categories that make up the budget: Personnel, Operating and Capital. He said the Finance Committee discussed suspending Capital Outlay expenditures in the General Fund, the Capital Equipment Fund and Enterprise Funds. Other discussions, he said, included limiting operation expenditures and possible reductions in levels of service in the General Fund and Enterprise Funds, re-evaluate personnel budgets, particularly in respect to seasonal part-time and private sector help, potential CIP reductions in the event of the loss of the Prairie Dog funds and declining Sales Tax. He said the Finance Committee is currently working with the three major CIPs – Engineering, Water Utility and Wastewater Utility – and has prepared reduced CIPS to reflect what resources the City would have available. He said the Finance Committee had considerable discussion about potential changes to various budgets; however, the Committee first wanted to make sure it was educated on not just declining revenues but is also able to complete a thorough examination of Federal and State funding programs that might be available to municipalities with the CARES Act. There might be some relief, he said, specifically for infrastructure, that could potentially help replace the loss of the Prairie Dog funding. After that is completed, he said, a report will go to the Budget Committee to work on a list of recommendations that would be forwarded to the Finance Committee and ultimately to the City Commission. He said the Transit Department received $7 million in funding, which helps the General Fund, and the City received a $1.5 million grant from the Airport Authority. He said the City did take early actions such as suspension of all travel, education and conference spending, which was driven more by prevention and spread of the disease than a budget decision. There are no specific budget recommendations now, he said; however, the Finance Committee is working diligently and takes this very seriously. City Administrator Bruce Grubb has reached out to all Department and Division heads to review budgets and provide prudent budget reductions in respect to essential vs. non-essential expenditures and services, he said.

Commissioner Grindberg said it is important for the City to be ahead of this and manage it due to the fact that this is real.

Mayor Mahoney said the City runs a tight budget and is thoughtful in the budget and the Finance Committee will look at everything.

Statement Regarding Evictions, Late Fees and Credit Reporting Adopted:
Commissioner Strand said Mayor Mahoney has encouraged renters, landlords, homeowners and lenders to engage in open dialogue, stating it is important to show compassion for fellow community members at this time and he encourages anyone facing financial hardships to seek the resources available to help in this uncertain time.

Commissioner Strand moved the Board adopt the following statement:
That any suspension of the eviction process by the courts will not eliminate the underlying obligation of tenants to pay their rent; therefore, the City Commission encourages landlords and tenants (and banks with their homeowner-borrowers) to cooperate with each other, to communicate with each other to identify the problems and to explore options that will allow tenants to remain in their homes while still providing reassurance to landlords so that they, too, will be able to satisfy their obligations, recognizing everyone is impacted by this pandemic; and
That landlords and tenants are hereby encouraged to communicate with each other, to be reasonable with each other and to work with each other, recognizing that everyone is impacted by this pandemic and its economic outfall; and
That landlords, as to those tenants who have suffered documented hardships, be open to arrangements with those tenants as an alternative to eviction, levying of late payment fees or bad-credit reporting; and
That as to those apartment building owners with professional management companies and employees, that they authorize and encourage those management companies to adhere to these principles and
As to banks and other lenders, and the apartment building owners and single-family home owners who are their customers, to communicate with each other, to be reasonable with each other and to work with each other and be open to similar alternative arrangements as described herein.
That this motion be disseminated to all the City’s residents and their landlords and lenders.

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

Commissioner Grindberg said this action embodies calm and confidence, which the CDC recommends. He said he spoke with a developer recently who owns 25 apartment units and they are working with many of the tenants who are having challenges, which is the right message to send. He said he was appointed by Governor Burgum to represent Fargo on the North Dakota Workforce Development Council. He said he recently spoke with the director of Job Service North Dakota, who was is also a member of the Council, about the specifics of the CARES Act and what the benefits would be to residents. He said unemployment payments would be retroactive to the day someone lost their position and Job Service is starting to process the claims. The typical unemployment benefit on a weekly basis prior to COVID-19 was somewhere between $400.00 and $600.00 a week, he said; however, $600.00 is now added on top of the baseline so the average will be $1,000.00 to $1,200.00 a week to those individuals who qualify and receive the benefit. He said this reinforces what the CARES Act was intended to do, which is to help people and this certainly should help with landlords. He said more than 37,000 people have applied for unemployment since this started and the process is working. He said one area Commissioner Stand has been working on is with the New American population, with language interpretation and access to computers to file, and he will continue to work on those issues.

Commissioner Gehrig said he wants to make sure it is clear this is encouraging voluntary cooperation and is a non-binding advisory. He said this is a very good idea.
In response to a question from Commissioner Gehrig asking how this information will be disseminated to residents, Commissioner Strand said it will be posted on the City’s website.

Discussion Regarding the CARES Act-Emergency Fund Relief and Updates:
Commissioner Grindberg said there are organizations that are coordinating emergency relief funds and taskforces are being formed regarding business and citizen issues. He said those efforts are focused on food, shelter and communications, and over the next week, the community groups will come together to provide assistance in communication and coordination to make sure gaps are not being overlooked. The City is having conversations with the F-M Area Foundation, Dakota Medical Foundation, United Way and other organizations, he said, to capture as much data as possible to confirm, coordinate and understand how people are being impacted and directing additional potential available resources. During the next three to four weeks, he said, there will be more data and knowledge relevant to the impacts of COVID-19. The Community Development Block Grant Program will net an increase of about $460,000.00, he said, and the City will have the option to direct those dollars when that time is determined. He said FirstLink’s 2-1-1 is a good resource.
Planning Director Nicole Crutchfield said the Community Development Division works with many organizations in the metro area and they have been in daily contact with primary partners regarding housing, food and other services. The existing social service system is stretched thin, she said; therefore, the City will be working with foundations and nonprofits to help support additional work. She said there are three main buckets of need so far in the community, including financial support, technology knowledge and sources for state, federal, local and foundation funds.

Resolution Regarding June 9, 2020 Primary Election Process Adopted:
City Attorney Erik Johnson said Governor Doug Burgum recently issued an Executive Order encouraging all counties to do all-mail balloting due to the desire for social distancing and the COVID-19 pandemic the City has been working to accomplish this. He said the Cass County Commission voted today in favor of the
all-mail balloting and the City follows the County’s election; however, the City Commission by Ordinance approved its polling locations in February of this year and in order to go along with the County’s proposal to have an all-mail-in ballot for the June election, the City Commission will need to approve the draft resolution that simply removes the polling locations and replaces those with a mail-in ballot. The process is set by statute, he said, and the County Auditor is ready to go. Today was the deadline for people to submit their candidacy, he said, and then City Auditor Steve Sprague figures out by random selection the order of the ballot, submits that list to the County Auditor, who takes that information in order for the ballots to be printed, then the ballots go out by mail. He said the printing will take some time and there are some deadlines to work with and he was apologetic about the late notice; however, this is the best that could be done and it is appropriate to get the Board’s direction.

Mr. Sprague said 33 out of 53 counties in North Dakota have all mail-in ballots. He said it was also requested that the time-period to count absentee ballots be changed. Counting of the absentee ballots usually cannot begin until the day before the election and then finish the day of the election and counties are now asking for a five-day window to be able to count. He said no reports will be issued until after all the polls would have normally closed, which is 7 p.m. on Election Night; therefore, with a few extra days, the City can stay current with the number of ballots.

In response to a question from Commissioner Gehrig asking what would happen if the City wanted to hold its own election, Mr. Sprague said it is very complex and there are a lot of steps that need to take place, one of which is designating polling locations, getting all of the polling workers, printing the ballots, posting notices and a whole series of things. He said the City is not prepared to do that; therefore, assuming the County has closed the polling sites that have already been selected, the City is handcuffed.

In response to a question from Commissioner Gehrig asking how online voting would work and if ballots could be emailed, Mr. Sprague said that could be something technology could possibly handle in the future and would be similar to absentee voting.

Commissioner Gehrig said in 2018 he was out of state for military training during the election and was able to vote online. In response to a question from Commissioner Gehrig asking if the City is able to utilize that same online process in these circumstances for this election, Mr. Sprague said that method is designed only for the military and people overseas.

Commissioner Gehrig said in this day and age there would be better participation, especially from younger voters, if they were able to login, prove who they were and vote that way. He said he fears the number of people who vote will drop if an all-mail voting system is adopted.

Commissioner Piepkorn said he does not feel comfortable voting for this due to the fact that this item was just added and not included on the printed agenda. He said the Board should consider pushing the election back two months. He said if the election was held now there has not been the opportunity for campaigning or debates and all of the other things that go into an election. He said the Board needs to consider this before it is voted on as it is a very serious issue and to just rush it through and say hurry up, that is never the best.
Mayor Mahoney said the Secretary of State has addressed this and is not moving the election date.

Commissioner Piepkorn said he does not care about the Secretary of State, this is an election for Fargo’s Commissioners and Fargo can do what it wants. He said the City Commission can move this to a fall election, this is a big deal and to just change it all in a half hour is not appropriate; therefore, he will not support it and the Board should take some time to consider the options. He said just because the County is doing it is not good reasoning for him.

Mr. Johnson said he has not had the opportunity to study all of the aspects; however, his firm understanding is that Fargo’s setting of the election is by Ordinance and by Ordinance, Fargo defers to the County process and there is State law that says the election occurs on a date in June. However, he said, when the situation becomes an emergency, such as this there may be a way of altering the date of the election; however, he would have to think about that. It is possible to approve this mail-in voting and consider something in two weeks if it is possible to change it. However, if the Board does not authorize the mail-in ballot, he said, it leaves the County with uncertainty with what to do with all the tasks they have to do before the end of April to have the mail-in ballots ready.

In response to a question from Mayor Mahoney, asking how many candidates have applied for the City Commission, Mr. Sprague said there are seven candidates.

Mayor Mahoney said the County has already moved to mail-in voting and they do not have polling sites; therefore, if Fargo says “no” and wants to stay at polling sites, the County does not have any, so it is a dilemma.

Commissioner Grindberg said he is up for re-election and whatever is decided he will abide; however, he does not think his opinion matters because he is a candidate. He said if the election is moved ahead a couple of months that means terms and other things would have to be adjusted due to the fact that Commissioner Strand’s and his terms end on June 30th so there are a lot of other things that tie in to moving an election that would have to be researched.

Mr. Johnson said the Resolution includes:
1. That all previous City of Fargo polling locations shall be eliminated for the June 9, 2020 City of Fargo elections; and
2. That said elections shall be conducted by way of mail-in ballots, as provided by NDCC 16.1-11.1-01; and
3. All qualified electors of the City of Fargo are encouraged to take every opportunity to vote by mail ballot prior to the June 9, 2020 election.

Commissioner Gehrig moved the Resolution be adopted with the amendment to the second paragraph of the Resolution to add “and if the City identifies a polling site or sites to allow them”.
Mayor Mahoney called for a second to the motion. No immediate second was given.

Commissioner Strand noted that the reason for the removal of the polling sites is due to a potential health risk.
Commissioner Strand said he is in agreement with Commissioner Grindberg in that he does not want to influence these decisions in a way that it would look like he is trying to affect his own ability to win or lose.
Commissioner Mahoney said Commissioners Strand and Grindberg have to be fairly elected; however, if Fargo does not have the availability of voters to get to the polls because the County just wants to do all-mail ballots then there are no voters.

Commissioner Gehrig said Commissioners Strand and Grindberg can recuse themselves and their votes are not “no” votes, they are just none.

Commissioner Strand said Commissioners cannot recuse themselves easily unless there is a fiduciary, financial, declarable conflict of interest.

Mr. Gehrig said Commissioners are paid.

Commissioner Piepkorn said this is a global pandemic, there is a flood and Fargo is trying to have an election like things are normal; this is an unusual circumstance and it is not appropriate to continue having an election like things are normal because they are not.

Commissioner Strand said he was on the School Board which had separate elections not consolidated with other elections and that definitely affected voter turnout. He said more than likely moving the election would substantially affect turnout if it were not held in conjunction with the County.

Mayor Mahoney said a mail-in ballot would at least give an option to the voters. He said he understands that it makes it hard to know what the other five candidates stand for. He said if the Commission does not vote this in the City does not have the ability for its citizens to vote.

In response to a question from Commissioner Gehrig asking if he can amend his own motion, Mr. Johnson said he does not believe there was a second to the motion.

Commissioner Gehrig asked that “and on-line voting, if available” be added to his motion.

Mayor Mahoney relinquished the Chair to second the motion (Deputy Mayor Piepkorn presiding).

In response to a question from Commissioner Grindberg asking if Mr. Johnson could comment on whether or not Commissioner Strand and himself should vote for this, Mr. Johnson said both could declare a conflict due to a personal or pecuniary interest that is direct or substantial, then upon the motion made, the remaining members of the body can vote to waive the conflict which would allow the Commissioners to vote.

Commissioners Strand and Grindberg declared a conflict of interest.

Mayor Mahoney moved the conflict of interest be waived.
Deputy Mayor Piepkorn called for a second to the motion.
The motion died for lack of a second.

On the vote being take on the question of the adoption of the Resolution, as amended, including a minor revision to the initially stated amended motion to add “and allow for online voting, if available”, entitled “Resolution Regarding June 9, 2020 Primary Election Process,” and referred to as Attachment “B,” Commissioners Gehrig and Mahoney voted aye.
Commissioner Piepkorn voted nay.
Commissioners Strand and Grindberg abstained from voting due to a conflict of interest.
The Resolution was adopted.

Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Monday, April 20, 2020.
Second by Commissioner Mahoney. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:31 o’clock p.m.