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Board of City Commissioners - June 1, 2020 Minutes

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Room at City Hall at 5:00 o'clock p.m., Monday, June 1, 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 comments regarding the death of George Floyd in Minneapolis on May 25th and Grand Forks Police Officer Cody Holte who lost his life in the line of duty on May 27th. The Mayor and Commissioners Grindberg and Strand also commented on the weekend events in Downtown Fargo.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved withdrawing Item No. “2g-1” from the Consent Agenda.

Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Gehrig moved that the Minutes of the Regular Meeting of the Board held on May 18, 2020 be approved as read.

Second by Grindberg. 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 the following Ordinances, 1st reading 5/18/20:
a. Rezoning Certain Parcels of Land Lying in the Proposed 701 Brew Addition to the City of Fargo, Cass County, North Dakota.
b. Rezoning Certain Parcels of Land Lying in Golden Valley Third Addition to the City of Fargo, Cass County, North Dakota.

2. Site Authorizations for Games of Chance:
a. Metro Sports Foundation at Scheels Arena.
b. Fargo Metro Baseball Association at Empire Tavern.
c. Fraser Ltd. at Golf Addiction.
d. West Fargo Hockey Association at Fort Noks Bar of Gold.
e. Sharehouse, Inc. at Woody’s, Alibi/Baymont Inn, The Round Up Saloon, Bismarck Tavern and Rick’s Bar.
f. Horse Race North Dakota at Sickie’s Garage, Chub’s Pub, Country Pub (in Country Inn and Suites) and Labby’s Bar and Grill.
g. Boys & Girls Club of the Red River Valley at Red River Lanes (withdrawn) and Fargo Billiards/Gastropub.
h. VFW Post 762 at VFW Club.
i. Prairie Public Broadcasting, Inc. at Dempsey’s, Tailgator’s, Pepper’s and Bison Turf.
j. Northern Prairie Performing Arts at Windbreak Lounge, Pour House-Fargo, Space Aliens and O’Clevy’s at Ramada.
k. Team Makers Club, Inc. at Big Erv’s at Rose Creek, Holiday Inn, Frank’s Lounge, Sanford Health Complex-Scheel’s Center, Lucky’s 13 Pub and Fargo Dome.

3. Application for Games of Chance for the Kringen Club Inc. – Sons of Norway for bingo from 7/1/20 to 6/30/21.

4. Rental Agreement with Susan Rydell.

5. Farm Lease (Oak Grove) with Chad Johnson and Kyle Johnson.

6. Access Agreement with SE Cass Water Resource District (Project No. FM-16-A1).

7. Access Agreement (Lift Station) with SE Cass Water Resource District (Drain 53).

8. Release of Permanent Easement (Road Easement) with Agassiz Nursery Inc.

9. Amendment (First) to Right of Way Use Agreement with Enclave, LLC.

10. Bid advertisement for Project No. PR-20-B.

11. Purchase of Service Agreement with Central Cass Public School District for nursing services for the 2020-2021 school year.

12. Business Service Agreement with Consolidated Communications.

13. Bid award to Northern Truck Equipment in the amount of $407,210.00 for the purchase/lease of two automated side load refuse trucks and to Northland Truck Sales in the amount of $436,133.62 for the purchase/lease of two front load refuse trucks (RFP20090).

14. 2020 Mosquito Control Agreement with Cass County Government.

15. Memorandum of Offer to Landowners for the purchase of Easements (Temporary Construction Easements) from Van Raden Properties, Inc. and Roger W. Anda (Project No. WW1701).

16. Bills in the amount of $6,120,429.80.

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.

Agreements Regarding Special Assessments with North Dakota Horse Park Foundation and Horse Race North Dakota Approved (Improvement District BN-17-A):
The Board received a Report of Action from the Finance Committee stating the ND Horse Park Foundation and Horse Race North Dakota have requested deferrals of special assessment agreements. They said the 19th Avenue North project that was completed last year and assessed for collection in 2020 was causing financial hardship for the two entities. In a prior Finance Committee meeting, they stated, a three-year deferral period was approved; however, after detailed discussions, a two-year deferral for Horse Race North Dakota and a four-year deferral for the North Dakota Horse Park Foundation was recommended based upon their financial conditions.
Commissioner Strand moved the Agreements Regarding Special Assessments with North Dakota Horse Park Foundation and Horse Race 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.

Memorandum of Offer to Landowner for the Purchase of a Temporary Easement from Lisa M. and Jason E. Morris 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 Lisa M. and Jason E. Morris in association with Improvement District No. BN-20-C1 as recommended by the City Engineer’s office. He said a final purchase price of $314.00 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 Temporary Easement from Lisa M. and Jason E. Morris in association with Improvement District No. BN-20-C1 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.

Negative Final Balancing Change Order No. 2 for Improvement District No. BR-18-C1 Approved:
Commissioner Strand moved Negative Final Balancing Change Order No. 2 in the amount of -$54,695.79 for Improvement District No. BR-18-C1 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.

No Protests Received for Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-E1:
The Statutory Resolution of Necessity for the construction of Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-E1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on April 27 and May 4, 2020 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Strand moved that the Board declare that no protests have been filed to the construction of Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-E1.

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.

Bids Received for Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-E1:
The bids for Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-E1 in the City of Fargo, North Dakota were opened at 2:30 p.m. on May 27, 2020 and the bids were found to be as follows:

Fargo Electric Construction, Inc. Fargo, ND
Bid: $41,400.00

Moorhead Electric Fargo, ND
Bid: $44,460.00

Contract for Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-E1 Awarded to Fargo Electric Construction, Inc. in the Amount of $41,400.00:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-E1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 27, 2020 for Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-E1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-E1 shows the bid of Fargo Electric Construction, Inc., Fargo, North Dakota, in the sum of $41,400.00 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 Fargo Electric Construction, Inc. in the sum of $41,400.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-E1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Fargo Electric Construction, Inc., for the sum of $41,400.00, 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 Strand, Gehrig, Grindberg, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Street Lighting and Incidentals Improvement District No. SL-20-B (Between 6th Avenue and 11th Avenue South and Between 17th Street and 21st Street South):
Commissioner Strand moved the following action be taken in connection with Street Lighting and Incidentals Improvement District No. SL-20-B:

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

Between 6th Avenue South and 11th Avenue South and between 17th Street South and 21st Street South.

COMPRISING:
All property located within the area bordered:

Bound on the West by 21st Street South.
Bound on the North by 6th Avenue South.
Bound on the East by 17th Street South.
Bound on the South by 11th Avenue South.

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-B 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-B:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. SL-20-B 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 $465,303.79.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. SL-20-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. SL-20-B 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-B 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 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 and Incidentals, Improvement District No. SL-20-B 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 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.

Direct City Auditor's Office to Call for Bids for Improvement District No. SL-20-B:
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-B 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 Asphalt Wear Course and Incidentals Improvement District No. PN-20-A1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and FM Asphalt, LLC for Asphalt Wear Course and Incidentals Improvement District No. PN-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 Asphalt Wear Course and Incidentals Improvement District No. PN-20-A1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
Travelers Casualty and Surety Company of America, in the amount of $1,717,959.00, for Asphalt Wear Course and Incidentals Improvement District No. PN-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 Street Lighting and Incidentals Improvement District No. SL-20-C1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and Strata Corporation for Street Lighting and Incidentals Improvement District No. SL-20-C1 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 Street Lighting and Incidentals Improvement District No. SL-20-C1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
Western Surety Company, in the amount of $736,555.00, for Street Lighting and Incidentals Improvement District No. SL-20-C1 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 and Contract Bond for Project No. SR-20-A1 Approved:
Commissioner Strand moved the Contract and Contract Bond for Project No. SR-20-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.

Resolution Amending and Restating the Moratorium Pertaining to the Retail Sale of Alcoholic Beverages Adopted:
The Board received a communication from City Auditor Steve Sprague stating at the May 20, 2020 Liquor Control Board meeting, the moratorium pertaining to the retail sale of alcoholic beverages was discussed. He said industry representatives felt it should be extended through the summer to allow time to make business model changes and investments to fully utilize the relaxed on-sale provision and recommended allowing restaurants to sell signature cocktails in sealed containers. He said the general agreement by the industry was that the moratorium provisions should not be made permanent, and that the emergency provisions would allow delivery; however, if something longer term was desired, further investigation would be required. He said there was a lot of discussion regarding delivery to residences and it was voted 4-1 to recommend the following:
1. Extend the moratorium to August 24, 2020.
2. Expand the moratorium to include the sale of spirits, mixed drinks or cocktails in addition to beer and wine.
3. Restrict the moratorium to curbside delivery or take out. Delivery to an off-premise location would no longer be allowed.
In response to a question from Mayor Mahoney asking if the present moratorium allows delivery to homes, Mr. Sprague said it does; however, the Liquor Control Board voted against allowing that to continue past the current deadline.

Commissioner Gehrig said he was the “no” vote on the Liquor Control Board. He said the delivery is the most popular aspect and with people staying home, getting food and a beer or drink delivered at the same time was popular. Now, he said, if people have to do it curbside they may as well go out to the liquor store. He said there were no problems whatsoever and no issues with law enforcement from overconsumption. He said he does not know why this portion of the moratorium is being eliminated other than pressure from some of the community who feel they are losing some profit.

In response to a question from Mayor Mahoney asking if the current moratorium continues for two weeks, Mr. Sprague said the moratorium currently in place would continue with its provisions for two weeks and after two weeks, the changes would be made.

Commissioner Piepkorn said one of the concerns was server training. He said if there is delivery of alcohol to a home, there has to be someone with server training to verify the person taking the delivery is of age. He said with curbside pickup, the server is going to the curb and that way is sure the rules are being followed.

Commissioner Grindberg said he had a conversation with the Hospitality Association in North Dakota, members of a national restaurant franchise and Chief Dave Todd and the two things that came back to him from the industry is to not allow third party delivery due to the fact that the liability shifts. He said having sealed drinks in a vehicle and the problems that could create from a law enforcement perspective is somewhat consistent with the Liquor Control Board outcome.

In response to a question from Commissioner Strand asking if he had heard from the people and what they want, Mr. Sprague said he had not. He said the discussion at Liquor Control was whether or not this change was going to be permanent and the consensus was that the City is not going to make it a permanent change. He said the feeling would be different if it were a permanent change, in there are concerns whether or not it would be legal and the City would have to seek the Attorney General’s opinion. He said when seeking an Attorney General opinion, the question cannot be broad; it has to be finely crafted.

Commissioner Piepkorn said the main concept of this moratorium was to help the restaurants due to the fact that they are not at 100 percent. He said the reason that this was extended is to see how things are at the end of August and hopefully the economy and the restaurants will have rebounded and the Governor will fully lift restrictions. Other commercial retailers were in favor of it due to the fact that it was temporary, he said, and if it were made permanent there would be a lot more opposition.

Commissioner Gehrig said server training is something the City is self-imposing and the City does not have to require server training for delivery people. He said it has been tried for a good period of time with zero incidents and only good comments from the public. He said he does not understand the mindset and it has helped the industry; therefore, he does not understand why the Board is trying to place limits.

Commissioner Piepkorn moved the Resolution entitled “Resolution Amending and Restating the Moratorium Pertaining to the Retail Sale of Alcoholic Beverages,” and referred to as Attachment ”A,” be adopted and attached hereto.

Second by Grindberg.

Commissioner Gehrig moved the Resolution be amended to include delivery to an off-premise location.

Second by Strand.

In response to a question from Commissioner Strand asking if the industry can have the option to have trained servers do the delivery, Commissioner Piepkorn said that is possible; however, there are rules and laws regarding server training and if the City eliminates server training, then age is not verified and there are going to be legal issues, especially when more than half of the deliveries are from a delivery service and not the establishment.

Commissioner Gehrig said a credit card has to be used for an order; therefore, a business would know if a person is of legal age or not. He said it is very easy to get around this and if it is required that server-trained people do the deliveries, if that is the limitation the City wants to place on this, then do it; however, it is not a big hurdle.

Assistant City Attorney Nancy Morris said legally, alcohol should be delivered by a trained server. She said in the moratorium it states that Grub Hub and other delivery services cannot deliver the alcohol, only the food. She said alcohol has to be delivered by someone employed by the entity.

In response to a question from Commissioner Gehrig asking if that is a City or State law, Ms. Morris said the City Ordinance follows State law.

Commissioner Gehrig said this is a self-inflicted Ordinance and it can be changed if the Board wants to. He said he is not saying this is a big hurdle that the City cannot overcome, the industry is going to push back; however, this is a very small hurdle that could be easily changed if the Board wants to change it.

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

On call of the roll on the original motion Commissioners Piepkorn, Grindberg, Strand and Mahoney voted aye.
Commissioner Gehrig voted nay.
The Resolution was adopted.

Application Filed by Spirit Properties d/b/a Edgewood Tavern for an Alcoholic Beverage License Approved:
A Hearing had been set for April 20, 2020, on the application filed by Spirit Properties d/b/a Edgewood Tavern for a Class "FA-Golf" Alcoholic Beverage License at 19 Golf Course Avenue North, notice of which had been duly published in the official newspaper for the City of Fargo.
At the April 20, 2020 Regular Meeting the Hearing was continued to May 18, 2020.
At the May 18, 2020 Regular Meeting the Hearing was continued to this day and hour.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.

City Auditor Steve Sprague said the business concept for this license will be for Edgewood Tavern to operate as a family friendly restaurant to include a full bar intended for golf course patrons. He said the facility will also hold private events and will serve golfers by means of a golf cart. The applicants also own the Sidestreet Grille in Fargo, he said.

Commissioner Piepkorn moved the application 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.

Application to Transfer the Alcoholic Beverage License from Granite City Restaurant Operations, Inc. d/b/a Granite City Food & Brewery to Granite City, Inc. d/b/a Granite City Food & Brewery Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "FA-M” Alcoholic Beverage License from Granite City Restaurant Operations, Inc. d/b/a Granite City Food & Brewery to Granite City, Inc. d/b/a Granite City Food & Brewery, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said this application is for a transfer due to change in ownership. He said the operation of the business will remain as a restaurant and microbrewery.
Commissioner Piepkorn moved the application 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.

Hearing on a Dangerous Building Located at 1007 8th Avenue North Continued to June 15, 2020:
A Hearing had been set for May 18, 2020 on a dangerous building located at 1007 8th Avenue North.
At the May 18, 2020 Regular Meeting the Hearing was continued to this date and hour.

Inspections Administrator Bruce Taralson said the new owner of the building has secured plumbing and electrical permits. He said he recommends that the Hearing be continued to June 15, 2020 when he anticipates that all of the required permits will be issued.

Commissioner Grindberg moved to continue the Hearing to 5:15 o’clock p.m. on Monday, June 15, 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.

Hearing on a Dangerous Building Located at 114 15th Street South: City Attorney's Office Directed to Prepare the Appropriate Findings of Fact and Order:
A Hearing had been set for this day and hour on a dangerous building located at 114 15th Street South.
The Board received a communication from Inspections Administrator Bruce Taralson submitting a Notice of Dangerous Building Order. He said the property owner has failed to comply with his order to obtain a permit to repair or remove the heavily damaged structure within the time allowed. He said the recommendation is to designate the building to be a dangerous building, direct the City Attorney to prepare findings of fact in the matter and order its removal before July 27, 2020. The building meets 8 of the 10 criteria found in Fargo Municipal Code Article 21-0405, he said, including a value from the Assessor’s office that states the costs to repair the building in order for it to be habitable exceed 50 percent or more of its current value. He said the building is currently vacant and uninhabitable due to extensive deterioration including rotten and missing fascia with signs of infestation, foundation showing signs of buckling and extensive water damage due to a leaking roof. The property has been used for storage since 1999, he said, there is no water supply to the structure and the exterior is dilapidated. He said the timeline of events for this building started in 1999 and has continued with many junk complaints from neighbors and vehicle removal notices. In May 2019, he said, Inspections was performing a court-ordered junk abatement at 1449 2nd Avenue South and the owner of that address also owns the property at 114 15th Street South, which is the adjacent lot and directly north of 1449 2nd Avenue South. During the abatement, he said, the Inspector noted that the owner removed fencing in the rear yard and moved junk from 1449 2nd Avenue South to 114 15th Street South. The rear yard of 114 15th Street South is in similar condition to that of 1449 2nd Avenue South and junk is being moved between the lots. He said the water has been shut off since 1998 and a gas meter is present; however, gas has not been used in many years. He said over the past 20-plus years, the Inspections Department has spent hundreds of thousands of dollars on this property in staff time, equipment and legal fees. More than 20 complaints have been filed about the property since 2004, he said. The home has a value of only $900.00, Mr. Taralson said, and Mr. Nelson requested a lower assessment in 1999 due to the condition of the home. He said he checked the City tax records and the property has brought in $23.16 in tax payments since 1999.

Richard K. Nelson, 114 15th Street South, said he cannot dispute every one of the issues and that he uses the structure for storage. He said he is asking for more time to demolish the home and build a garage and a lot of the junk has already been removed.

In response to a question from Mayor Mahoney asked if he had any intention of fixing up the property, Mr. Nelson said he has been cleaning up the property but he needs more time.

Mayor Mahoney said if there is something Mr. Nelson wants to do, the City is giving him until July 27th and if by that date nothing has been done, the City will take the house down. He said the City has given Mr. Nelson more than 20 years to take care of this property.

Mr. Nelson said he needed to try to find financing to help him tear down the home and estimated it would cost him $10,000.00 to $15,000.00; however, if the City demolished the home it could cost $35,000.00.

Commissioner John Strand said there could be health issues with the property and the neighbors deserve to have something done.

Commissioner Dave Piepkorn said the Nelsons could still keep the property if the home was torn down by the City, and added that he thought Mr. Nelson needed help with his health, which seems to be part of the problem.

In response to a question from Commissioner Piepkorn asking if the City proceeds with the demolition of this property and would those costs be assessed to the property, Mr. Taralson said that is correct, Mr. Nelson would retain ownership of the lot and could build a garage. He said the reason for the July 27th date is to give the City Attorney time to prepare the paperwork.

Commissioner Strand said he recommends that Mr. Nelson go to the bank, get financing in place and get a permit for the demolition. He said the City cannot let this go on without any action on the property and the neighbors are depending on it.

Commissioner Grindberg moved the City Attorney’s Office be directed to prepare and serve the owner with the appropriate Findings of Fact and Order and the Inspections Department be authorized to solicit proposals for the removal of this structure if it is not removed within the time allowed by the Board’s Order.

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.

Amendment to the Growth Plan Approved (4952, 5052 and 5080 36th Avenue South):
A Hearing had been set for this day and hour to consider approval of an Amendment to the Growth Plan consisting of a change from Low/Medium Density Residential for a portion of the project site.
The Fargo Planning Commission recommended approval of the Amendment to the Growth Plan at their February 4, 2020 meeting.
No written protest or objection to the amendment to the Plan has been received or filed in the Planning and Development Department.
The Board determined that no person is present to protest or offer objection to the Growth Plan amendment.
Current Planning Coordinator Donald Kress said the applicant proposes to change the land use designation on Lot 14, Block 4, in order to allow a greater maximum building height of 45 feet. He said the current MR-1 zoning allows 35 feet and as a result of neighborhood comments, Planning staff has proposed a Conditional Overlay for the MR-2 zoned lot that will allow the maximum height of MR-2 but limit the maximum density of the MR-2 zone to 16 dwelling units per acre, the same that the MR-1 zoning allows. Even though the density of the MR-2 zoned lot will remain in the low/medium density category, he said, the land use designation change is procedurally required to allow the zone change to MR-2.
Commissioner Grindberg moved the amendment to the Growth Plan 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.

Parcels of Land in Valley View Estates Addition Rezoned:
At a Hearing held on February 4, 2020 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to SR-4, Single-Dwelling Residential, MR-1, Multi-Dwelling Residential, MR-2, Multi-Dwelling Residential with a C-O, Conditional Overlay and P/I, Public and Institutional Addition.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said the rest of the project site will remain in the low/medium density land use designation. This is different from the original proposal, he said, which was to change the land use designation on the entire property to medium/high density and this change was made based on neighborhood comments.
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 with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by 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.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Valley View Estates Addition to the City of 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 Valley View Estates Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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.

Resolution Adopted Approving Valley View Estates 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 “Valley View Estates Addition” containing 118 Lots, 4 Blocks and 41.41 acres of land more or less, located at 4952, 5052, and 5080 36th Avenue South; and
WHEREAS, A Hearing was held February 4, 2020 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 May 19 and 26, 2020 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., June 1, 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 “Valley View Estates 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 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.

Parcels of Land in Golden Valley Fourth Addition Rezoned (6737 25th Street South):
At a Hearing held on February 4, 2020 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to SR-4, Single-Dwelling Residential.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Current Planning Coordinator Donald Kress said the land is currently vacant and the applicant plans to add 126 lots for residential development.

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 be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by 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.

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

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.

Resolution Adopted Approving Golden Valley Fourth 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 “Golden Valley Fourth Addition” containing 126 Lots, 6 Blocks and 26.14 acres of land more or less, located at 6737 25th Street South; and
WHEREAS, A Hearing was held February 4, 2020 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 May 19 and 26, 2020 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., June 1, 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 “Golden Valley Fourth Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Second by 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.

Resolution Adopted Approving Plat of Legacy I Sixth Addition:
A Hearing had been set for this day and hour to consider approval or denial of an application requesting a Plat of Legacy I Sixth Addition (Major Subdivision) a replat of Lot 26, Block 2; Block 10; Lots 3-4, Block 4; Lots 50-51, Block 8; Lots 1-20 and 34-39, Block 11, Legacy 4th Addition and a vacation of Right of Way of portions of 62nd Avenue South and portions of 19th, 20th and 21st Streets South to the City of Fargo, Cass County, North Dakota.

Current Planning Coordinator Donald Kress said the proposed plat contains 13.00 acres of land more or less. He said this land was platted several year ago; however, it was never developed. Eid-Co proposed to replat this development, he said, and instead of cul-de-sacs, there will be a single street through the development. He said initially there were plans to build a roundabout; however, the roundabout will not be built; therefore, there is a vacation of four rights-of-way, which pursuant to Century Code, a vote of 4 out of 5 from the Board is required for approval.
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 “Legacy I Sixth Addition” containing 54 Lots, 6 Blocks and 13.00 acres of land more or less, located at 6206-6299 19th Street South; 6204-6297 20th Street South; 1835, 1867, 1889, 1911, 1931 and 1949 63rd Avenue South; and 6184, 6198, 6206 and 6216 21st Street South; and 6198 Bennett Court South; and
WHEREAS, A Hearing was held June 4, 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 April 28 and May 5, 12 and 19, 2020 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., June 1, 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 “Legacy I Sixth 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 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.

At 6:06 p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Parcels of Land in Asleson Industrial Park Third Addition Rezoned (3345, 3357 and 3369 39th Street South):
At a Hearing held on May 5, 2020 the Fargo Planning Commission recommended approval of a change in zoning from GC, General Commercial to LI, Limited Industrial.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Current Planning Coordinator Donald Kress said the applicant is proposing to construct an office building with a warehouse for his construction business.
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 be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by 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.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Asleson Industrial Park Third Addition to the City of 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 Asleson Industrial Park Third Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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 Brandt Crossing 14th Addition and Brandt Crossing 6th Addition Rezoned (3244 51st Street South):
At a Hearing held on May 5, 2020 the Fargo Planning Commission recommended approval of a change in zoning from LC, Limited Commercial with a C-O, Conditional Overlay to LC, Limited Commercial with a C-O, Conditional Overlay.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said in February 2020, a boundary line adjustment with the subject property and adjacent property to the north was approved and recorded. He said now the two properties have different zonings with Conditional Overlays and the applicant is proposing to repeal and re-establish the Conditional Overlay in order to retain one single Conditional Overlay that is the same. He said tonight all that is needed is a simple clean-up action due to the fact that the lot has been sold, which required an additional 60 feet be added.
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 with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by 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.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Brandt Crossing 14th Addition and Brandt Crossing 6th Addition to the City of 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 Brandt Crossing 14th Addition and Brandt Crossing 6th Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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 Egbert, O’Neil and Haggart’s Addition Rezoned (421 and 425 24th Street South and 424 25th Street South):
At a Hearing held on May 5, 2020 the Fargo Planning Commission recommended approval of a change in zoning from GC, General Commercial and SR-4, Single-Dwelling Residential to GC, General Commercial.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said the two properties in question are zoned GC on the west half and SR-4 on the east half. When the parcels were originally zoned, he said, there were single-family homes on the east half and commercial business on the west half. The property at 424 25th Street South and 425 24th Street South has an existing single-family home and a retail sales and service business with a residential unit on the second floor, he said. The property at 421 24th Street South is used for a commercial parking lot for the business, he stated, and the applicant is proposing to rezone both properties to match the current and future land uses proposed for the project. He said eventually, the applicant wants to remove the single-family home and keep the business, the residential unit within the business and the commercial parking lot.
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 be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by 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.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Egbert, O’Neil and Haggart’s Addition to the City of 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 Egbert, O’Neil and Haggart’s Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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 Four Walls Addition Rezoned (702 and 704 31st Street North):
At a Hearing held on March 3, 2020 the Fargo Planning Commission recommended approval of a change in zoning from SR-3, Single-Dwelling Residential to SR-5, Single Dwelling Residential.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said the applicant a seeking a zoning map amendment that would rezone the lot from SR-3 to SR-5 to increase the maximum density allowed per acre. He said the proposed minor subdivision would replat the subject property into two lots.
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 be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by 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.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in the Proposed Four Walls Addition to the City of 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 the Proposed Four Walls Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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.

Resolution Adopted Approving Four Walls 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 “Four Walls Addition” containing 2 Lots, 1 Block and 0.19 acres of land more or less, located at 702 and 704 31st Street North; and
WHEREAS, A Hearing was held March 3, 2020 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 May 19 and 26, 2020 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., June 1, 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 “Four Walls 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 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.

Amendment to the Growth Plan Approved (4800 and 4850 46th Street South):
A Hearing had been set for this day and hour to consider approval of an amendment to the Growth Plan consisting of a change from Commercial to Medium/High Density Residential.
The Fargo Planning Commission recommended approval of the Amendment to the Growth Plan at their January 7, 2020 meeting.
No written protest or objection to the amendment to the Plan has been received or filed in the Planning and Development Department.
The Board determined that no person is present to protest or offer objection to the Growth Plan amendment.

Current Planning Coordinator Donald Kress said this is undeveloped property currently zoned GC, General Commercial and the proposal is to rezone it to MR-3, Multi-Dwelling Residential. This change, he said, requires a Growth Plan Amendment from Commercial to Medium-High Density Residential to allow that zoning change to take place. He said the applicant is proposing a multi-dwelling apartment building and the zone change to MR-3 is consistent with the surrounding area.
Commissioner Grindberg moved the amendment to the Growth Plan 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.

Parcel of Land in Osgood Townsite Eleventh and Twelfth Additions Rezoned:
At a Hearing held on January 7, 2020 the Fargo Planning Commission recommended approval of a change in zoning from GC, General Commercial, with a C-O, Conditional Overlay to MR-3, Multi-Dwelling Residential with a request to repeal the C-O, Conditional Overlay on a certain parcel of land lying in Osgood Townsite Eleventh and Twelfth Additions.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Commissioner 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 be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by 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.

First Reading of an Ordinance Rezoning a Certain Parcel of Land Lying in Osgood Townsite Eleventh Addition and Osgood Townsite Twelfth Addition to the City of 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 a Certain Parcel of Land Lying in Osgood Townsite Eleventh Addition and Osgood Townsite Twelfth Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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 Simonson Companies Second Addition Rezoned (5237 38th Street South and 3825 and 3863 53rd Avenue South):
At a Hearing held on May 5, 2020 the Fargo Planning Commission recommended approval of a change in zoning to repeal and re-establish a C-O, Conditional Overlay District in the LC, Limited Commercial, zoning district.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Planning Coordinator Donald Kress said the applicant is seeking approval of a Zoning Map Amendment and a Minor Subdivision that would create four lots. He said a negative access easement exists along 52nd Avenue South and the majority of 38th Street South. Though all four lots of the proposed subdivision touch the public right-of-way, he said, Lot 4, Block 1 is not able to take access from the adjacent public right-of-way on 42nd Avenue South. He said the plat provides ingress/egress easements that serve all four lots and the applicant has provided a declaration of easements that define the nature of these easements.
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 with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by 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.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in the Proposed Simonson Companies Second Addition to the City of 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 the Proposed Simonson Companies Second Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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.

Resolution Adopted Approving Simonson Companies Second 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 “Simonson Companies Second Addition” containing 4 Lots, 1 Block and 6.98 acres of land more or less, located at 5237 38th Street South, and 3825 and 3863 53rd Avenue South; and
WHEREAS, A Hearing was held January 7, 2020 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 May 19 and 26, 2020 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., June 1, 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 “Simonson Companies Second 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 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.

Application for a Property Tax Exemption for Improvements Made to a Building for Haven Homes LLC Approved:
Commissioner Grindberg moved the application by Haven Homes LLC, 2410 Broadway North for a 5-year property tax exemption for improvements made to buildings be approved.

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

Troy Goergen and Mike Ellingson Reappointed to the Fargo Dome Authority:
The Board received a communication from Mayor Mahoney recommending that Troy Goergen and Mike Ellingson be reappointed to the Fargo Dome Authority.
Commissioner Piepkorn moved Troy Goergen and Mike Ellingson be reappointed to the Fargo Dome Authority for terms ending April 1, 2024.

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:
Director of Fargo Cass Public Health Desi Fleming summarized the Health Department’s activities supporting the COVID-19 pandemic response. She said the amount of cases published as of June 1st are 2,646 positive cases in North Dakota of which 1,764 are in Cass County. She said she had a meeting with the ND State Health Department and is working to get better data for Cass County. She said the State website is great; however, it is not broken down specifically for Cass County and she would like to create a dashboard for information specific to Cass County. She said logistics for testing events are ongoing and Environmental Health has been busy with the North Dakota restart program. She said they do not have authority for approval or denial; however, the Health Department does give a lot of best practice advice to businesses. She said the Health Department received grant funding from the State and with those funds will be adding some contact tracers. She said her message tonight is COVID did not go away, it is still here and work can start to reopen; however, the City and County need to be smart with social distancing and wearing masks. A very low percentage of our State’s population has been exposed to the virus so there is a long way to go before there is any type of herd immunity or to have a vaccine so everyone has to be cognizant and cautious going forward.

In response to a question from Mayor Mahoney asking about the possibility of a vaccine this fall, Ms. Fleming said she thinks the earliest would be sometime toward the end of the year; however, there is also supply and demand and decisions on where it goes first and who gets it first.

In response to a question from Commissioner Strand asking about the long hours Health Department staff has worked and plans going forward, Ms. Fleming said she has been working with the Red River Valley Taskforce to develop a targeted testing matrix and along with the National Guard, the plan is to do most of the testing Monday through Friday and still hit the targeted test numbers. She said her staff was going full bore Monday through Sunday and it was exhausting. This plan will help, she said, and mental health is very important.

Grant Award from the ND Department of Health for COVID-19 Mitigation Funds Approved:
The Board received a communication from Director of Public Health Desi Fleming stating Fargo Cass Public Health (FCPH) and the Red River Valley Task Force have received a grant award in the amount of $8,687,816.00 to mitigate the spread of COVID-19.
Melissa Perala, FCPH Accountant, said the $8.6 million is a portion of the $20 million received by the State. She said the grant will help with hiring more contact tracers, support the Red River Valley Task Force, Family Healthcare Center and other line items. She said the funding is flexible and the money can be moved around as needed.
In response to a question from Commissioner Grindberg asking if those hired for contact tracing would be considered new staff, Ms. Perala said for the foreseeable future people hired for those positions would be considered seasonal or contract employees.
Commissioner Strand moved the grant award from the ND Department of Health for COVID-19 mitigation funds .

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

CARES Act-Emergency Fund Relief Update:
Commissioner Grindberg said FirstLink is still seeing steady calls regarding rental assistance and food. There are about 1,000 rental bridge applications in process or requested, he said, with 400 of those in Cass County and 350 in Fargo. The F-M Area Foundation reports a cumulative $2.2 million in grants, he said, and it is exciting to showcase the role of the Community Foundation as it steps up to assist the community. He said Dakota Medical Foundation is hosting a webinar this week about protocols for reopening business and work continues with the Planning Department on securing data on the next steps of the Red River Valley Taskforce. He said he spoke with a representative from Job Service ND who reports that 5,000 to 10,000 people per week are not recertifying for unemployment benefits, which means many are going back to work. More than 80 percent of those on unemployment expect to be rehired, he said.

Commissioner Strand said the City Commission passed a Resolution asking landlords and tenants to work with each other and try to understand each other’s circumstances, yet he hears daily of people being evicted. He said he understands if there is an urgent situation or there is a crime involved; however, for families and the disabled, he would like to know what can be done within the authority of the City.

Mayor Mahoney said the Planning Department could look into this matter and give a report back to the Board at the next meeting.
Commissioner Grindberg moved that the Board adjourn to 5:00 o’clock p.m., Monday, June 15, 2020.

Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:44 o’clock p.m.