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Board of City Commissioners - June 15, 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 15, 2020.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

Members of Scout Troop 5214 led the Pledge of Allegiance.

The Mayor announced City Assessor Ben Hushka is retiring at the end of the month. He said Mr. Hushka continuously made improvements to the City’s property appraisal process by advancing the appropriate use of technology and attracting and coaching a high quality team. Mr. Hushka is looked upon as a subject matter expert in the State and region and has always approached his work in a fair and equitable manner, he said. He wished Mr. Hushka the best.
The Mayor read a message with comments about the Library’s partnership with Fargo Public Schools and the Summer Reading Program.
The Mayor extended congratulations to John Strand and Arlette Preston on their City Commission victories and extended his appreciation to Commissioner Tony Grindberg for his four years of service.

Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Grindberg moved that the Minutes of the Regular Meeting of the Board held on June 1, 2020 and the Minutes of the Special Meeting of the Board held on June 4, 2020 be approved as read.

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

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

1. 2nd reading and final adoption of the following Ordinances; 1st reading, 6/1/20:
a. Rezoning Certain Parcels of Land Lying in the Proposed Simonson Companies Second Addition to the City of Fargo, Cass County, North Dakota.
b. 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.
c. Rezoning Certain Parcels of Land Lying in the Proposed Four Walls Addition to the City of Fargo, Cass County, North Dakota.
d. Rezoning Certain Parcels of Land Lying in Egbert, O’Neil and Haggart’s Addition to the City of Fargo, Cass County, North Dakota.
e. 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.
f. Rezoning Certain Parcels of Land Lying in Asleson Industrial Park Third Addition to the City of Fargo, Cass County, North Dakota.
g. Rezoning Certain Parcels of Land Lying in the Proposed Golden Valley Fourth Addition to the City of Fargo, Cass County, North Dakota
h. Rezoning Certain Parcels of Land Lying in Valley View Estates Addition to the City of Fargo, Cass County, North Dakota.

2. Findings of Fact and Order, and Notice of Entry of Order for 114 15th Street South.

3. Site Authorizations for Games of Chance:
a. Prairie Public Broadcasting, Inc. at Slammer’s Sports Bar and Grill.
b. Fargo Metro Baseball Association at Specks Bar.

4. Application for Games of Chance for United Way of Cass-Clay for a raffle board on 7/17/20.

5. Purchase Agreement with Barry N. Nelson (Project No. FM-19-A).

6. Change Order No. 3 for an increase of $14,790.55 for Project No. SL-19-A1.

7. Rental Agreement with Fargo Moorhead Trailbuilders.

8. Amendment to Lease with the Fargo Park District (Project No. FM-16-A1).

9. North/South arterial band south of 52nd Avenue South for 38th Street South, as described.

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

11. Change in financial reporting for major operating funds from quarterly reporting to monthly reporting and receive and file the Financial Status Report through 5/31/20.

12. Purchase of Service Agreement with Northern Cass Public School District.

13. Purchase of Service Agreement with Fargo Public School District.

14. Notice of Grant Award – Restricted Funding with the ND Department of Health for PHEP – Statewide Response Team (CFDA #93.069).

15. Notice of Grant Award – Restricted Funding with the ND Department of Health for PHEP/City Readiness Initiative (CFDA #93.069).

16. Notice of Grant Award – Restricted Funding with the ND Department of Health for PHEP – EPR All Hazards Allocation (CFDA #93.069).

17. Notice of Grant Award with the ND Department of Health for Local Public Health Unit Tobacco Prevention and Control Program.

18. Subrecipient Agreement with Family HealthCare.

19. Resolution Approving Contract between MDM Construction, LLC and the City of Fargo on Gladys Ray Shelter Facilities Improvements Community Development Block Grant (HUD) and Contract with MDM Construction, LLC (Attachment “A”).

20. Resolutions approving Plats for the following:
a. Aldevron First Addition (Attachment “B”).
b. Tice Addition (Attachment “C”).
c. Brunsdale Second Addition (Attachment “D”).

21. Bid award to Swanston Equipment in the amount of $179,700.00 for one loader mounted snow blower (RFP20107).

22. Amendment to Contract No. 38191046 with the ND Department of Transportation for an extension of the completion date to 6/30/21.

23. Contract for Services with Sentry Security, Inc.

24. Change Order No. 1 for a time extension to 8/31/20 for Project No. WW1701.

25. Sewer Agreement, Petition for Annexation and Memorandum of Sewer Agreement (Connection to Sewer Main of SE Cass Water Resource District and for Annexation into City of Fargo) with Rodney D. Ballinger and Susan N. Ballinger.

26. Bills in the amount of $9,586,701.62.

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.

Estimated Payment to Cass County Electric Cooperative for the Relocation of Utilities Approved (Improvement District No. BN-21-A1):
The Board received a Report of Action from the Public Works Projects Evaluation Committee regarding a Cass County Electric Cooperative utility relocation Improvement District No. BN-21-A1 for the new construction of an urban roadway with an overpass at Interstate 29. This described work will require relocation of private utilities contained in the existing utility easement along the corridor, they said, and the total estimated cost for utility relocations is $221,804.00.

Commissioner Grindberg moved the estimated payment in the amount of $221,804.00 to Cass County Electric Cooperative for the relocation of utilities for Improvement District No. BN-21-A1 be approved.

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

Change Order No. 1 and Time Extension for Improvement District No. BR-20-E1 Approved:
Commissioner Grindberg moved Change Order No. 1 for an increase of $16,287.13 and a time extension to the interim phase dates for Improvement District
No. BR-20-E1 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.

Change Order No. 4 for Improvement District No. BN-19-F1 Approved:
Commissioner Grindberg moved Change Order No. 4 for an increase of $9,240.00 for Improvement District No. BN-19-F1 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.

Change Order No. 9 and Time Extension for Improvement District No. BN-17-B1 Approved:
Commissioner Grindberg moved Change Order No. 9 for an increase of $43,641.91 and time extension to 7/31/18 for Improvement District No. BN-17-B1 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.

Negative Final Balancing Change Order No. 9 for Improvement District No. BN-17-A1 Approved:
Commissioner Grindberg moved Negative Final Balancing Change Order No. 9 in the amount of -$78,130.19 for Improvement District No. BN-17-A1 be approved.

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

Negative Final Balancing Change Order No. 10 for Improvement District No. BN-17-B1 Approved:
Commissioner Grindberg moved Negative Final Balancing Change Order No. 10 in the amount of -$86,574.75 for Improvement District No. BN-17-B1 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.

No Protests Received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-20-H1:
The Statutory Resolution of Necessity for the construction of Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-20-H1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on May 25 and June 1, 2020 and no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Grindberg moved that the Board declare that no protests have been filed to the construction of Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-20-H1.

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

Bids Received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-20-H1:
The bids for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-20-H1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., June 10, 2020 and the bids were found to be as follows:

Ryan Contracting Company Elko, MN
Bid: $1,969,083.80

Border States Paving, Inc. Fargo, ND
Bid: $2,004,897.76

Sellin Brothers, Inc. Hawley, MN
Bid: $2,390,358.00

Northern Improvement Company Fargo, ND
Bid: $2,443,536.91

Dakota Underground Company Fargo, ND
Bid: $2,478,806.44

KPH, Inc. Fargo, ND
Bid: $2,519,905.65

J.R. Ferche, Inc. Rice, MN
Bid: $2,531,994.45

Contract for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-20-H1 Awarded to Ryan Contracting Company in the Amount of $1,969,083.80:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-20-H1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received June 10, 2020 for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-20-H1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-20-H1 shows the bid of Ryan Contracting Company of Elko, Minnesota, in the sum of $1,969,083.80 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Ryan Contracting Company in the sum of $1,969,083.80 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-20-H1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Ryan Contracting Company for the sum of $1,969,083.80, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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

No Protests Received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-K1:
The Statutory Resolution of Necessity for the construction of Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-K1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on May 25 and June 1, 2020 and no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Grindberg moved that the Board declare that no protests have been filed to the construction of Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-K1.

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

Bids Received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-K1:
The bids for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-K1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., June 10, 2020 and the bids were found to be as follows:

Ryan Contracting Company Elko, MN
Bid: $2,679,210.00

Border States Paving, Inc. Fargo, ND
Bid: $2,747,228.25

Sellin Brothers, Inc. Hawley, MN
Bid: $2,879,604.05

Northern Improvement Company Fargo, ND
Bid: $2,948,506.50

J.R. Ferche, Inc. Rice, MN
Bid: $3,234,051.30

Dakota Underground Company Fargo, ND
Bid: $3,283,773.70

KPH, Inc. Fargo, ND
Bid: $3,449,198.25

Contract for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-K1 Awarded to Ryan Contracting Company in the Amount of $2,679,210.00:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-K1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received June 10, 2020 for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District
No. BN-20-K1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-K1 shows the bid of Ryan Contracting Company of Elko, Minnesota, in the sum of $2,679,210.00 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 Ryan Contracting Company in the sum of $2,679,210.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-K1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Ryan Contracting Company for the sum of $2,679,210.00, 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 Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

No Protests Received for Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-A1:
The Statutory Resolution of Necessity for the construction of Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-A1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on May 25 and June 1, 2020 and no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Gehrig 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-A1.

Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Piepkorn, Strand 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-A1:
The bids for Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-A1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., June 10, 2020, and the bids were found to be as follows:

Moorhead Electric Fargo, ND
Bid: $188,695.55

Fargo Electric Construction, Inc. Fargo, ND
Bid: $198,881.00

Contract for Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-A1 Awarded to Moorhead Electric in the Amount of $188,695.55:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-A1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received June 10, 2020 for Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-A1 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-A1 shows the bid of Moorhead Electric of Fargo, North Dakota, in the sum of $188,695.55 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 Moorhead Electric in the sum of $188,695.55 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-A1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Moorhead Electric for the sum of $188,695.55, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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

P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-20-B (10th to 11th Avenue North between 3rd and 4th Streets North):
Commissioner Grindberg moved the following action be taken in connection with P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-20-B:

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

From 10th Avenue to 11th Avenue North between 3rd Street and 4th Street North.

COMPRISING:
Lots 1 through 24, Block 12.
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-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. AN-20-B:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. AN-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 $217,528.00.)

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

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

Direct City Auditor's Office to Call for Bids for Improvement District No. AN-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. AN-20-B in the City of Fargo, North Dakota.

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

Contract for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Lighting and Incidentals Improvement District No. BN-20-E1 Approved:
Commissioner Grindberg moved the Contract between the City of Fargo and Fox Underground, Inc. for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Lighting and Incidentals Improvement District No. BN-20-E1 in the City of Fargo, North Dakota be approved.

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

Contract Bond for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Lighting and Incidentals Improvement District No. BN-20-E1 Approved:
Commissioner Grindberg moved the following described Contract Bond be approved as to sufficiency:
Ohio Farmers Insurance Company, in the amount of $2,276,863.90, for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Lighting and Incidentals Improvement District No. BN-20-E1 in the City of Fargo, North Dakota.

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

Contract for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Lighting and Incidentals Improvement District No. BN-20-F1 Approved:
Commissioner Grindberg moved the Contract between the City of Fargo and Fox Underground, Inc. for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Lighting and Incidentals Improvement District No. BN-20-F1 in the City of Fargo, North Dakota be approved.

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

Contract Bond for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Lighting and Incidentals Improvement District No. BN-20-F1 Approved:
Commissioner Grindberg moved the following described Contract Bond be approved as to sufficiency:
Ohio Farmers Insurance Company, in the amount of $2,091,266.50, for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Lighting and Incidentals Improvement District No. BN-20-F1 in the City of Fargo, North Dakota.

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

Contract for Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-E1 Approved:
Commissioner Grindberg moved the Contract between the City of Fargo and Fargo Electric Construction, Inc. for Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-E1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-E1 Approved:
Commissioner Grindberg moved the following described Contract Bond be approved as to sufficiency:
United Fire and Casualty Company, in the amount of $41,400.00, for Street Lighting Rehabilitation and Incidentals Improvement District No. SL-20-E1 in the City of Fargo, North Dakota.

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

COVID-19 Update:
Director of Fargo Cass Public Health Desi Fleming said numbers have been static in Cass County. There are 2,058 cases in the county and of those, 1,794 have recovered. There have been 62 deaths in Cass County, she said; however, both the death numbers and hospitalization numbers are slowly declining. Contact tracing efforts have been adjusted as the numbers decrease, she said, so some employee roles have changed and can be pulled back in as needed. Environmental Health is putting together a working group to work with businesses for education needs, questions on cleaning environments, etc., she said, and Fargo Cass Public Health will be transitioning to take over logistics for the static testing sites. Work continues on the targeted testing matrix developed by the Red River Task Force, she said and last week, 1,300 to 1,400 tests were done per day. She said when reported by the State they report by unique individuals so once a person is tested they are not counted in the daily tested number again. There were changes to the CDC guidelines for testing for close contact, she said, so rather than only symptomatic contact, now they want any contact from a positive case, either symptomatic or asymptomatic, to be tested seven to ten days after an exposure. There was a mass testing event at the FARGODOME from a State request where 1,800 people were tested, she said, with a positivity rate of about 2 percent. She said there will be mass testing the next two weeks on Thursday and Friday, then the testing matrix will be followed, adjusting for any new testing priority groups that may be established by the Task Force.

Hearing on a Dangerous Building Located at 1007 8th Avenue North Withdrawn:
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
June 1, 2020.
At the June 1, 2020 Regular Meeting the Hearing was continued to this date and hour; however, Inspections Administrator Bruce Taralson said the new owner of the building has secured the required permits.

Commissioner Strand moved the request be withdrawn.

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

Hearing on Application Filed by Elliott Place 4 and 9 for Payment in Lieu of Tax Exemption (PILOT) Continued to June 29, 2020:
A Hearing had been set for this day and hour on an application filed by Elliott Place 4 and 9 for payment in lieu of property tax exemption for a project at 4462 30th Avenue South, which the applicant will use in the operation of providing affordable senior living rental property, serving low income households; however, the applicant has requested the Hearing be continued to June 29, 2020.

Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on Monday, June 29, 2020.

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.

Police Chief Selection Process Approved:
The Board received a communication from Mayor Mahoney stating the Fargo Police Chief position was posted on May 19, 2020 following Police Chief David Todd’s notice of retirement and the City has received applications for the position through June 12, 2020. He said he traditionally has recommended members of the Fargo Police Chief Selection Committee to the City Commission for approval and the Committee typically includes members of City Administration, the Police Department and Civil Service Commission, as well as members of the community to ensure candidates are assessed from a variety of perspectives. He said his recommendations for the Committee are himself, Deputy Mayor Dave Piepkorn, City Administrator Bruce Grubb, Assistant City Administrator Michael Redlinger, Civil Service Chairwoman Jane Pettinger, Superintendent of Fargo Public Schools Rupak Gandhi, two sworn members of the Fargo Police Department, one member of the Human Relations Commission and one member of the Native American Commission. He said four additional community members will be selected from “Statements of Interest” with the size of the committee being 13-14 people. The idea is to have a selection committee more representative of the community, he said, with the final selection coming back to the City Commission.

Director of Human Resources Jill Minette said if approved, the process will be opened up to community members to submit a statement of interest. She said the questions will include why they are interested in serving on the committee, how they can contribute and what experience they have, whether professional or volunteer. She shared a tentative timeline for the overall selection process. She said a list of potential community members will be presented at the next meeting unless there is a large response, then it may be another two weeks. Typically, she said, the committee would make a recommendation through the assessment process and historically, the candidates have spent some time with members of the Fargo Police Department during an open forum and asked for their impressions, and then a full day or two with the selection committee during the actual assessment itself. Normally, she said, that process would form a recommendation.

Mayor Mahoney said it is a public process and the Commissioners are welcome to attend and provide their input.

In response to a question from Commissioner Piepkorn asking whether eight candidates for Police Chief is a set number, Ms. Minette said it is not. She said once the selection committee is formed and has an opportunity to review all 26 applications, their rating system would determine who is in the top group of candidates. She said in the tentative schedule laid out, they would like to do at least a virtual interview with a top group of up to eight candidates; however, that will be determined by the ratings of the selection committee.

In response to a question from Commissioner Gehrig on how the rank and file officers at the PD have input, Ms. Minette said during the last process, the approach to obtaining impressions was more informal. This time, she stated, there are impressions tools created that members of the department who chose to participate in the open forum can complete.
This would allow an opportunity to quantify overall impressions, she said, plus two sworn officers will participate in the selection committee.
In response to a question from Commissioner Strand asking how to know if the applicant pool is satisfactorily diverse, Ms. Minette said employers cannot ask for information such as gender, ethnicity or race on a job application.

In response to a question from Commissioner Strand asking if there would be a time when it can be assessed whether the field is satisfactorily diverse, Ms. Minette said that opportunity would only be during the process if members choose to voluntarily disclose that information. She said decisions are not made on that information.
Commissioner Strand said it is of value for the community going forward, and especially now, to not misstep and to not have diversity or opportunities that would reflect the world today.

In response to a question from Commissioner Strand on whether there will be an interim Police Chief named, Mayor Mahoney said the hope is to have the new person in place before the end of July when Chief Todd retires, although that could be delayed if a suitable candidate is not found.

Commissioner Gehrig moved the Police Chief selection process be approved, as presented.

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

Hearing on Text Amendment to the Land Development Code to Amend Fargo Municipal Code Section 20-0403 Regarding Accessory Uses, to Revise or Eliminate the Prohibition of Firearms and Ammunition Sales as a Home Occupation Delayed Pending Review: City Attorney Directed to Seek an Attorney General’s Opinion:
A Hearing had been set for this date and hour to consider approval or denial of a Land Development Code Text Amendment to amend Section 20-0402(T)(3) and repeal Section 20-0403(C)(5)(e) of the Fargo Municipal Code (Land Development Code) relating to the prohibition of firearm and ammunition sales as a non-farm commercial use or as a home occupation.

Planning Administrator Nicole Crutchfield said the recommendation from the Planning Department is based on an in-depth legal analysis and work done by Planning Coordinator Aaron Nelson and the City Attorney’s team. She said at some point, however, the discussion becomes a community’s value discussion

Mr. Nelson outlined the staff report found in the agenda packet. He stated Jo Ann Symington, a local Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) representative is available on the phone if there are questions. He said at the January 27, 2020 City Commission meeting staff was directed to review the current prohibition and initiate a Land Development Code (LDC) Text Amendment to revise or eliminate the prohibition of firearm and ammunition sales as a home occupation. At about that same time, he said, staff had been in contact with a citizen who also submitted an application, interested in pursuing removal of the prohibition, thus what is before the Board is both a City initiated Text Amendment, as well as a citizen initiated Text Amendment. He pointed out that the LDC has two instances of prohibition of firearm and ammunition sales; as home occupations and non-farm commercial in agricultural zoning and the draft Text Amendment reflects both. He said the current Land Development Code was adopted in 1998 and due to it being such a large scale change, a number of Text Amendments took place later as various issues came up. There was a Text Amendment in 2001 related to home occupations focused on a number of customers who could come to a site, he said, and it included the addition of firearm and ammunition sales as prohibited use as a home occupation. In 2007, he said, an additional Text Amendment focused on allowing commercial activities in non-urbanized areas, mainly extraterritorial zoning jurisdiction, and included a list of prohibited uses, including firearm and ammunition sales. He said from staff’s perspective, there is no concern if the Ordinance were to remain as is, removed or amended. Regulation of firearms is regulated by the ATF, he said, and requires a Federal Firearms License (FFL). He pointed out that home occupations have a number of performance standards that would still apply if the Amendment is approved, such as restrictions on hazardous substances which would preclude the manufacturing of ammunition. He said there is a maximum number of customers allowed per day, 4 per day and 12 per week, which would still apply. Comments received are summarized in the staff report, he said, along with those received at the Planning Commission meeting.

Edward Krystosek, 5548 47th Avenue South, said he would rebut the position statement by the Fargo Neighborhood Coalition (FNC), the most adamant against the change. It contains many inaccuracies, he said, and he would like to address several items. He said North Dakota does not require any additional licensing to purchase a firearm; however, every customer who walks into an FFL dealer fills out a Form 4473 and is subject to a FBI background check and failure to pass means they do not leave with a firearm. There are eleven types of FFLs, he said, and Type 2 pawnshops or Type 9, which would not be attainable in North Dakota would not fit the concept of a home business. He said the FNC references a 400% increase in FFL applications; however, that actually was for NFA forms and have nothing to do with FFL dealerships. He said he is a licensed FFL dealer and has spent much time researching firearms and laws surrounding them. He said the position statement by the FNC is not worth the paper it is printed on and only supports an anti-Second Amendment agenda. He said he feels the LDC prohibiting home-based occupations needs to be repealed.

Peter McDonald, 3584 Buchanan Street South, shared statistics on guns including that guns have been used for self-defense 1.25 million times, which is 10 times the rate of guns being used for homicide. He said a person is 32 times more likely to die from smoking than be killed by a firearm. He said guns should not be taboo in today’s society and placing unnecessary laws and restrictions on guns only keeps them out of law-abiding citizens’ hands. Zoning laws are created for the health, safety, morals, public convenience, general prosperity and public welfare, he said, and it seems some of the Commissioners only care what happens to people in single-family homes or their own neighborhoods. He said this seems to erode the Second Amendment rights of people to keep and bear arms.

Holden Harwood, 1115 8th Avenue North, said as far as locations by neighbors, Scheel’s and Fleet Farm have high-density residential housing right across the street, while in a small-single family development, there would be less neighbors to worry about. He said about 75% of North Dakota’s FFLs are home based, with little or no inventory. He shared a list of residents supporting the change.

John Wilson, 1405 3rd Avenue North, said he owns firearms, is a Range Safety Officer, a Class 1 Concealed Weapons License holder and a commercial driver with a hazardous waste materials permit who can manufacture his own ammunition for personal use, but not for sale to the public. He can assemble guns in kit form and legally transfer or sell to anyone at any time as a private citizen. He said while he would prefer a legal transfer and to get an FFL to conduct those legal transfers in the City, the way the Ordinance is now, he is denied that. He said he sells guns at the gun show in West Fargo as a private citizen with no background checks because he is not required to by the ATF.

Dawn Morgan, 1323 5th Avenue South, said she opposes the zoning change. She said safety, health and a sense of well-being is important in a neighborhood. She said she has lived in her house for 40 years; however, would consider moving if there were a firearms dealer next door. She said she feels people do not want guns around them and she noted that a sign at City Hall says “no firearms permitted.” Also, she said, there is a prohibition against selling firearms within 1,000 feet of a school and are those not the same people who live in the neighborhoods. She said guns need to be left to industrial areas.

Randy Harwood, Fargo, said this is not a pro or anti-gun issue as it is being brought up, it is a fair commerce issue. There are seven home-based FFL dealers in the City and their neighborhoods may not even be aware of it, he said. There are probably individuals who have more weapons in their possession who not are FFL dealers. Both the ATF and the Police Department say there are no safety issues, he said, and there are not streams of cars or customers making the neighborhoods unsafe; there is likely more activity at a Tupperware type or wine-tasting party than at these home-based FFLs. He said he supports the change as an equitable commerce issue with a half-dozen businesses already grandfathered in.

Adam Mattson, Fargo, said guns are going to come and go from houses, regardless.

Tim Flakoll, 1350 2nd Street North, said he served on the Board during the time the LDC was put together and is able to provide context. There were many long meetings and challenging issues, he said; however, more of what was discussed on this line was gunpowder and the quantities of that stored in a house, not the ability to sell guns out of one’s home.

Mayor Mahoney closed the public hearing.

Commissioner Gehrig said he would like to split the question into two parts. There is a section about gun sales and transfers, he said, and there is the idea of loading and selling ammunition, which he feels is a separate issue altogether.

Commissioner Gehrig moved the restriction for the transfer and purchase of firearms from homes be removed from the Land Development Code.
Second by Grindberg.

Commissioner Strand said his observation is that this a community value that needs to be sorted out. He said it would be a fair goal to ascertain what the people want in their neighborhoods.

Commissioner Grindberg said the LDC revision process is separate from the Core Neighborhood Plan.

Ms. Crutchfield said what may be confusing is that the LDC and the zoning laws are separate from the Second Amendment discussion. She said zoning laws nationwide is pretty silent to this issue and when talking about retail as allowed in home occupation, the talk would not be about guns in particular. She said three different consultants declined to provide research or input on this due to zoning and gun discussions are similar to talking about other moral issues in the community and do not belong in land use code. The discussion should be about performance standards in home occupation, she said, and what is or is not appropriate.

Commissioner Strand said he would like a discussion of every single restriction, not only the one on the table. The list includes things such as vehicles and repairs, dispatch centers, mortuaries, animal care grooming and boarding and adult entertainment, he said.

Ms. Crutchfield said the plan for the Planning Department is the Core Neighborhood Plan and a LDC rewrite, which is in the diagnostic stage. She said the Core Neighborhood Plan is due back in December. What is before the Board is actually an application, she said, so there is another constitutional right to due process.

Commissioner Grindberg said his sense is this will not go away no matter the vote now and may go to the Attorney General’s office or to the North Dakota Legislature. He said the facts, data and information shared by the industry suggest the FFL license works fine in West Fargo, Grand Forks, Bismarck and Moorhead, and perhaps 20 years ago the City went too far with the FFL license. He agrees there are two different issues and he would not support the manufacturing of ammunition; however, he said, he does not have a problem with the FFL change.

Commissioner Gehrig said some people do not like guns, and that is their right; however, not liking something does not mean it should be made illegal. He said opposition even though well-intended, are misguided opinions and not backed up by facts. He said it is said a home-based FFL is more dangerous than a storefront when in fact the ATF is saying the exact opposite. FFLs follow the exact same regulations and background checks in a home occupation setting, he said, and having a handful of additional FFLs in the City does not mean there will be more guns in the street. An argument is that ammunition is dangerous and can blow up; however, he said, that has not happened and few people will manufacture it for sale because it is not economical. He said an individual can stockpile ammo; there is no regulation that says they cannot and FFLs all go through the same background checks and there will not be volumes of people.

In response to a question from Commissioner Strand asking whether the position is legally defensible or whether he has concerns about defending current or potential changes in status, City Attorney Erik Johnson said it is defendable and he does not believe there is a legal hook either way, it is a values issue. He said he does not think there is a Second Amendment-type issue related to this and similarly there is a State statute that precludes cities from regulating the sale and transfer of firearms that does not prohibit local regulations from determining locations where firearm sales can occur. Other states with similar situations have had court decisions that support city zoning regulations that are not impacted by the pre-emptive statute that North Dakota has, he said. As far as the motion on the floor to remove only the restriction of the transfer of sales from a home, he said, the Ordinance can be amended as Commissioner Gehrig proposes. He said it can be amended to remove the firearm sales restriction and leave the restriction on ammunition in place.

Commissioner Strand said he is going to advance a motion of higher precedence. He said he would like the topic tabled until that committee has come back to the Board with citizen-directed recommendations regarding all of these uses in neighborhoods.

Commissioner Strand moved the discussion be delayed until such time it has been properly vetted by the Core Neighborhood Plan Committee, and to direct appropriate staff to study all restricted uses of commercial uses in homes to include vehicles and larger equipment, dispatch centers, mortuaries, animal care grooming and boarding facilities, adult entertainment centers and firearms and ammunition uses of production.

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

Commissioner Gehrig said he would like to push this question to the Attorney General. He said the Board can ask the AG whether this is legal in the first place and as he understands it the Board cannot make any laws more restrictive than the State. Clearly there are home-based FFLs all over the state, yet Fargo is saying it cannot be done, he said, so he would like an opinion by the AG.

Commissioner Gehrig moved to direct the City Attorney to seek an opinion from the Attorney General’s office.

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

At 6:10 p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Amendments to the 2019 Action Plan/HOME Investment Partnerships Programs Approved:
A Hearing had been set for this day and hour to consider Amendments to the 2019 Action Plan/HOME Investment Partnership Programs.

The Board received a communication from Community Development Planning Coordinator Tia Braseth stating the Department of Planning and Development is requesting the approval of the following HOME actions:
• Cancellation of an activity under the previously approved 2019 Action Plan, HOME Affordable Senior Housing Development project.
• Identified scope, location and budget for an activity under the previously approved 2019 Action Plan, HOME Affordable Senior Housing Development project.
• Revision of contingency language.
She said the proposed Amendments are in compliance with federal regulations for the Department of Housing and Urban Development (HUD) HOME programs. Actions that were required by the City’s Citizen Participation Plan have been completed, she said, including public advertisement information provided to the Community Development Committee, a 5-day public comment period and the final requirement was this public hearing by the City Commission. She said the proposed amendments are:
• Cancellation of an affordable senior housing development project at 3129 7th Avenue North.
• Funds for the cancelled project reallocated to the construction of Elliott Place, a multi-family senior rental housing complex at 4462 30th Avenue South in partnership with Fargo Housing and Redevelopment Authority.
• A revision of contingency language regarding an amendment approved on October 7, 2019 stating that if any other HOME affordable Senior Housing Development activity were to be canceled, HomeField 3 would be funded up to the full request of $515,000.00, and in place of this, the amendment proposes reallocating HOME funds to Elliott Place as indicated above rather than to HomeField 3.

Commissioner Strand offered the following Resolution and moved its adoption;
BE IT RESOLVED BY THE BOARD OF THE CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, the City of Fargo receives HOME funds from United States Department of Housing and Urban Development (HUD); and
WHEREAS, in compliance with federal regulations, the City of Fargo has amended its 2019 Annual Action Plan to make available housing and community development resources that primarily address the needs of low to moderate income persons in Fargo; and
WHEREAS, in compliance with federal regulations, the City of Fargo has amended certain activities to its 2019 Annual Action Plan; and
WHEREAS, the City of Fargo has conducted a required citizen participation process including a draft publication of the amendments, a public hearing and a 5-day public comment period as temporarily allowed through HUD waivers related to COVID-19.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Fargo, North Dakota that the Mayor is herein authorized and directed to submit the amended plan to HUD and enter into, executive and amend contracts and other documents as necessary to effectuate activities identified in the revised plan.

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

Hearing on Amendments to the 2018 Action Plan Community Development Block Grant (CBDG):
A Hearing had been set for this day and hour to consider Amendments to the 2018 Action Plan Community Development Block Grant (CBDG).
The Board received a communication from Community Development Planning Coordinator Tia Braseth that the proposed Amendment is a revised project budget for activity under the previously approved 2018 Action Plan, CDBG Gladys Ray Emergency Homeless Shelter Facility Improvements or Relocation Project. She said the budget increased from $150,000.00 to $250,000.00 to match contractor quotes received for facility improvements of which $50,000.00 is reallocated from the 2018 Action Plan Slum and Blight Abatement/Hazardous Property Clearance project. Another $50,000.00 will be reallocated from the 2019 Action Plan Affordable Housing Development project, she said, and once approved by the citizens and the City, the Amendment will be submitted to Housing and Urban Development (HUD) for approval. It is part of the City’s adopted Citizen Participation Plan to take all substantial amendments to the City Commission as part of the review and approval process, she stated, and this meeting is for a public hearing only and no action is required. She said final consideration of the amendments is scheduled for the July 13th meeting.
Mayor Mahoney closed the public hearing.

Application Filed by Great Plains Kesler South Holdings, LLC for Payment in Lieu of Tax Exemption (PILOT) Approved:
A Hearing had been set for this day and hour on an application filed by Great Plains Kesler South Holdings, LLC for a transfer of a payment in lieu of property tax exemption for the south portion of a mixed-use development containing retail, market rate apartments and underground parking at 617-621 1st Avenue North.
No written protests have been filed for the attention of the Board.
The Board determined that no person is present at this Hearing to protest or offer objection thereto.

Director of Strategic Planning and Research Jim Gilmour said this project has been previously approved, it is a change in the investment group. He said the project and incentives would be the same. What was approved previously was the Kesler project which is one building that has two parts, and when the Renaissance Zone incentive was approved it was on both the north and the south portion; however, the PILOT was only on the south portion due to an agreement by the developer to limit their request for incentives to a five-year Renaissance Zone incentive on the north part. The overall project is a mixed-use building that will extend from 2nd Avenue North to 1st Avenue North, a Phase 4 of the overall Roberts redevelopment, the first phase being the parking ramp, the second the wrap around Roberts 3rd Dillard and now this is the final piece. This will include 109 housing units, indoor parking spaces and 9,000 square feet of commercial space that will front 1st and 2nd Avenues North.

Mike Zimney, of the Kilbourne Group, said the downtown real estate fund was Kilbourne Group’s first real estate investment fund. He said this is being transferred to the Great Plains Opportunity Zone Fund and the project is set to start right after July 4th.

Commissioner Strand said he is not opposed to these projects and developments Downtown; however, to be consistent with his original vote, he hopes to do like other cities, when there are market rate apartments being developed they would require some sort of affordable apartment component with these incentives.

Mr. Gilmour pointed out that when working on the Nestor incentive, part of the redevelopment was that the City was agreeing to sell some property to them and Kilbourne then sold property on 4th Avenue North to facilitate a low-income housing project so sometimes these projects work together even though they are not on the same agenda item.

Commissioner Piepkorn moved that the application filed by Great Plains Kesler South Holdings, LLC for a 10-year payment in lieu of tax exemption pursuant to Chapter 40-57.1, NDCC be approved as follows:

Years 1-10 $404.00

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

Remarks and Presentation from Commissioner Grindberg:
Commissioner Grindberg said the tragedy and impact of George Floyd’s death and with the ramifications of it nationwide and in this community, it was time for everyone to stop and listen and to try to understand what is going on. The night of the riots, when law enforcement was working collaboratively with the cities of Moorhead and West Fargo, allowing a legal protest that crossed the line was alarming to him, he said. After that event, he read an article in The Forum about Patrick Williams and his son Adonnis that really summed up to him what Fargo is as a community. The article is about Patrick bringing his son Downtown to help clean up, he said, and he read the following quotes from Mr. Smith, “Unity gets more done than division” and “I wanted to show him what can happen if you let emotions take control of you and you don’t use logic. There’s still a mess to be cleaned up.” It was one of the most moving articles he has read in The Forum as a result of what the City was being challenged by, he said, and he wanted to present a framed copy of the article to Adonnis.

Fargo Firefighter Patrick Williams thanked Commissioner Grindberg and the Board. He said when this happened he had no idea it would go so far, he just thought it was a good life lesson for his son. He and his wife do their best to make sure their children become productive members of society, he said, and he will remember this the rest of his life, and hopes Adonnis will too.

Commissioner Grindberg gave closing remarks, as this was his last meeting. He said he was thinking of what to say and thought he would sum it up into appreciation for meeting so many fine local leaders and the team working together as the City of Fargo. He said the average citizen does not get to see how the City operates, or the passion and dedication of staff. Fargo taxpayers get a lot of value, he said, which is a testament to the public servants working for the City. He said he remembers a college professor telling him that he could get a college degree and start a career; however, you need to make a commitment to the community, stay involved and make a difference. He said those words have rung through 35-plus years later and he looks forward to Fargo’s future, which he can be counted on to be a part of.

Commissioner Grindberg moved that the Board adjourn to 5:00 o’clock p.m., Monday, June 29, 2020.

Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:36 o’clock p.m.