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Board of City Commissioners - June 29, 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 500 o'clock p.m., Monday, June 29, 2020.
The Commissioners present or absent were as shown following
Present Gehrig, Piepkorn, Preston, Strand, Mahoney.
Absent None.
Mayor Mahoney presiding.

Order of Agenda Approved:
Commissioner Gehrig moved the Order of the Agenda be approved.

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

Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on June 15, 2020 be approved as read.

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

The Mayor read a message with the following information Fargo Cass Public Health and Sanford Health have partnered to provide The Baby Café, a breastfeeding support group at the FCPH building; the Library’s all ages Summer Reading Program continues through August 15th; the Fargo History Hunt continues through August 15th and features 17 historical monuments, markers, statues and structures; voting for the Battle of the Picture Books is in its third round and the final round of titles will be announced July 13th; Fargo has been named the number one city in the United States to begin a career according to the occupational resource website Zippia; a new Statue of Liberty was installed near the Veterans Memorial Bridge to replace the original statue, which was stolen in July 2019; and a video of the statue being installed was shown.

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

1. Receive and file an Ordinance Amending Section 13-1101 and Repealing Sections 13.1102, 13-1103, 13-1104, 13-1105, 13-1106, 13-1107, 13-1108 and 13-1109 of Article 13-11 of Chapter 13 of the Fargo Municipal Code Regulating Relating to Child Care Centers.

2. Applications for Games of Chance:
a. Steve Weidner FM Junior Tour for a calendar raffle from 7/1/20 to 6/30/21.
b. EL Zagal 57 Directors Staff for a raffle on 10/24/20.
c. St. Anthony of Padua Fall Bazaar for bingo and a raffle on 9/27/20.
d. Fargo North High School for a calendar raffle from 8/14/20 to 5/25/21.
e. Fargo North High School for a calendar raffle from 11/24/20 to 2/13/21.
f. Villa Nazareth dba CHI Friendship for a raffle on 10/23/20.

3. Accept the results of the Cass County Canvassing Board for the June 9, 2020 Primary election; declare candidates elected.
Total City of Fargo Votes Cast: 18,805

For Commissioner of the City of Fargo
Four Years
John Strand 10,393 (elected)
Arlette Preston 9,893 (elected)
Tony Grindberg 9,196
Edward Krystosek 3,787
Doug Rymph 3,360
Bradford Shaffer 3,095
Ritchell Aboah 2,976

For Members of the Board of Park Commissioners
Four Years
Jerry Rustad 10,123 (elected)
Dawn Morgan 9,353 (elected)
Rick Graalum 6,922

4. Renewal of the Alcoholic Beverage and Live Entertainment Licenses until 6/30/21, contingent upon all essential requirements for renewal being met by 6/30/20.

5. Declaration of Easement (Utility), Declaration of Easement (Street and Utility) and Declaration of Easement (Levee) in association with Project No. FM-16-A.

6. Change Order No. 2 for an increase of $54,000.00 for Project No. TM-19-B1.

7. Amended Engineer’s Report for Project No. PR-20-B.

8. Bid award to Border States Paving, Inc. in the amount of $213,003.90 for Project No. BP-00-57 and to Ti-Zack Concrete, Inc. in the amount of $616,910.00 for Project No. PR-20-B1.

9. Purchase of Service Agreement with Mapleton Public School District.

10. Notice of Grant Award with the ND Department of Health for Women’s Way (CFDA #93.898).

11. Set July 13, 2020 at 5:15 p.m. as the date and time for a hearing on a dangerous building at 717 3rd Avenue North.

12. Letter of Support of the Bright Futures Learning Center project and ND Opportunity Fund involvement in the financing of the PACE local match.

13. Contract Amendment No. 3 with KLJ, Inc. in the amount of $22,921.10 for the GTC Improvement Project.

14. Bills in the amount of $8,056,867.28.

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

Change Order No. 2 and Time Extension for Improvement District No. BR-20-C1 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee stating Change Order No. 2 is to repair a leak in the water service, which also required an adjustment to the substantial completion date.
Commissioner Piepkorn moved Change Order No. 2 for an increase of $3,373.73, and the interim duration of 13 days for the 2nd Avenue closing and adjustment to the substantial completion date to 9/18/20 for Improvement District No. BR-20-C1 be approved.

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

Contract Amendment No. 5 for Improvement District No. PN-19-A0 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee stating Contract Amendment No. 5 is for a required traffic operations report.
Commissioner Piepkorn moved Contract Amendment No. 5 with KLJ in the amount of $22,440.00 for Improvement District No. PN-19-A0 be approved.

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

P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-20-A (Various Locations in South Fargo):
Commissioner Piepkorn moved the following action be taken in connection with P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-20-A (9th to 10th Avenue South between 4th and 5th Street South in Woodruff’s Addition):

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

LOCATION:
From 9th Avenue to 10th Avenue South between 4th Street and 5th Street South.

COMPRISING:
Lots 1 through 16, Block 3.
All in Woodruff’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-A in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. AN-20-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. AN-20-A in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $160,941.00.)

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

Adopt Resolution Declaring Improvement District No. AN-20-A Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct P.C.C Concrete Alley Paving and Incidentals Improvement District No. AN-20-A in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed P.C.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.

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

Contract for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-20-H1 Approved:
Commissioner Piepkorn moved the Contract between the City of Fargo and Ryan Development, Inc. 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 approved.

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

Contract Bond for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-20-H1 Approved:
Commissioner Piepkorn moved the following described Contract Bond be approved as to sufficiency
Arch Insurance Company, in the amount of $1,969,083.80, 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.

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

Contract for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Paving, Street Lights and Incidentals Improvement District No. BN-20-K1 Approved:
Commissioner Piepkorn moved the Contract between the City of Fargo and Ryan Development, Inc. for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Paving, Street Lights and Incidentals Improvement District No. BN-20-K1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Paving, Street Lights and Incidentals Improvement District No. BN-20-K1 Approved:
Commissioner Piepkorn moved the following described Contract Bond be approved as to sufficiency
Arch Insurance Company, in the amount of $2,679,210.00, for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Paving, Street Lights and Incidentals Improvement District No. BN-20-K1 in the City of Fargo, North Dakota.

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

Resolution Moratorium to Issue No More than Five Permits for Outdoor Sound Amplifying Equipment Use Adopted:
The Board received a communication from Commissioner Piepkorn and City Auditor Steve Sprague stating Jade Presents has requested that additional outdoor noise permits be temporarily allowed.
Mr. Sprague said Jade Presents indicated that many events had to be canceled in April, May and June due to the COVID-19 pandemic and Jade Presents would like to provide outdoor entertainment options. He said the limiting factor of one permit every 30 days would not provide for the opportunities available opportunities and Jade Presents is requesting up to five events every 30 days until the end of September 2020. At the direction of Commissioner Piepkorn, he said, the City Attorney’s office prepared the proposed moratorium for outdoor sound amplifying equipment use.
Commissioner Piepkorn said assistance was granted earlier to bars and restaurants to allow delivery and this Moratorium is an attempt to help live performances.
Police Chief David Todd said the permits come through the Police Department and there is usually a 30-day prior notice required for a permit. He said the permits are not allowed in residential zoning districts and time limits are 10 p.m. Sunday through Thursday and 11 p.m. on Friday and Saturday.
In response to a question from Commissioner Gehrig asking when the original Ordinance was passed, Mr. Sprague said he was not sure; however, it is similar to the noise ordinance.
In response to a question from Commissioner Gehrig asking if someone has a block party, is a live band allowed, Chief Todd said if it were in a residential area and it was an amplified noise situation, a live band would not be allowed.
Commissioner Gehrig said he agrees the Ordinance should be loosened up and if everything goes well, he would support making the change permanent and change it further to allow for more events.
In response to a question from Commissioner Preston asking if it is five permits per owner or just five events, Chief Todd said it is five per applicant.
Commissioner Preston said someone had expressed concern to her about additional permits being issued in the Downtown area.
Chief Todd said permits would be allowed Downtown due to the fact that Downtown is zoned mixed-used, not residential, and the way the Ordinance is written, each applicant can have one per 30- days. He said and this the moratorium would allow each applicant to have up to five permits per 30- days.
In response to a question from Commissioner Preston asking if this is only for Jade Presents or is it open to all bars, including the Empire and Dempsey’s, and could those bars have outdoor concerts five times a month, Chief Todd said that is correct and if the bars submitted applications and those applications were approved, they could have up to five events for every 30-day period due to the fact that Downtown is not zoned residential.
In response to a question from Mayor Mahoney, who said there are several bars on Broadway and if every one of them wanted to have an event on the same day, would the Police Department take that into account, Chief Todd said if the City gives one of the bars the opportunity to have an event and the next one has the same type of parameters, they should also have the same opportunity.
Jade Nielson of Jade Presents said he is a partner in Fargo Brewing and due to the number of cancellations, his business now is incredibly challenging. He said and it has been a trickle effect trying to get back to business and he will probably not book any national touring groups until at least 2021. He said it is his hope to work with local and regional artists and to try to to get them to come to Fargo and to put a good foot forward and try to do it in a very safe and respectful manner. Five events was just a ballpark figure, he said, and he does not plan on hosting five events a month, perhaps two or three and he would be surprised if he could get more. , as Thtjere is not much out there from a touring perspective, he said.
In response to a question from Commissioner Strand asking if the events will be all ages, Mr. Nielson said the site will be Fargo Brewing; therefore, with regulations he has to be careful in mixing ages at that location. He said he could look at other locations to do all ages shows. He wants to get back to business as soon as possible, he said; however, he realizes it is one step at a time.
Commissioner Piepkorn said when the Block 9 Plaza opens, there will be a lot going on at that location where the intent is to host all-ages events.
Commissioner Piepkorn moved the Resolution entitled “Moratorium to Issue No More Than Five Permits for Outdoor Sound Amplifying Equipment Use” and referred to as Attachment “A,” be adopted and attached hereto.

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

COVID-19 Update:
Fargo Cass Public Health Director Desi Fleming said in Cass County there are have been 2,233 cases thus far and 66 deaths. She said the numbers in Cass County have leveled off a bit, although across the state the numbers are increasing. She said Tthe last round of mass testing recently finished recently finished at the FARGODOME, she said, and there were and resulted in 1,936 tests completed over two days. She said Cass County continues to have low positivity rates at under 2 percent; therefore, the County is not finding a huge amount of positives at the mass testing events. She said the County will go back to targeted testing and will continue to operate static sites as well as Family Healthcare and will add sites based on any epidemiology data. If there are clusters or groups of positives, she said, the County will add those to its testing matrix. She said all of the testing materials for Cass County are coming to Fargo Cass Public Health (FCPH) where staff members and some National Guard support is packaging and distributing supplies and keeping track of inventory. She said the Red River Valley Task Force continues to meet weekly and this past week was informed that the State homeless housing project at an area hotel will be taken down due to the fact that the project has not been fully utilized and the State was renting an entire floor at the hotel. FCPH has met with various shelters, she said, and has determined what the capacity is and if the homeless numbers go beyond capacity, there will be a plan in place and meetings are ongoing to discuss what the local approach can be. Contact tracing staff duties continue to be adjusted based on the workload, she said, and FCPH is also starting to work on mass vaccination plans and how that will work with social distancing guidelines. The Centers for Disease Control and Prevention (CDC) have added some high-risk categories for people who would be more susceptible to having severe illness from COVID-19, she said, and there is also some information about pregnant women being hospitalized more if they are infected with COVID-19. She said cases are going up around the country; therefore, her public health advice is to wear a mask when social distancing is not possible and always use good hygiene practices, such as hand washing and using hand sanitizer.
In response to a question from Commissioner Strand asking about implementing a mask requirement, Ms. Fleming said she does not know that requiring people to wear a mask is advisable. She said people have a personal responsibility if they are in a situation where they cannot social distance. If people are outdoors and can be far enough apart, a mask is probably not needed, she said; however, in stores and other indoor places, that is different and a person may be asymptomatic and that person is protecting you. It is just smart practice to wear a mask when indoors and in confined spaces where there are a lot of people, she said, and wearing a mask is an easy prevention step.
In response to a question from Commissioner Strand asking if the Mayor would have the authority to mandate wearing a mask, City Attorney Erik Johnson said there has not been an Emergency Declaration; therefore, it would be something that the City would have to pass as an Ordinance if the mandate was for the general population and not just City employees. He said it would probably have more strength coming from the Governor’s office and the State Health Department.
Commissioner Strand said the City needs to have a conversation about masks at the local level if it does not happen at the State level. He said he would like to hear all sides.
Mayor Mahoney said the wearing of masks is a topic that the Task Force can address.

Application Filed by Elliott Place 4 and 9 for Payment in Lieu of Tax Exemption (PILOT) Approved:
A Hearing had been set for June 15, 2020 on an application filed by Elliott Place 4 and 9 for exemption from property and/or income tax on the project which the applicant will use in the operation of providing affordable senior living rental property, serving low income households, located at 4462 30th Avenue south payment in lieu of property tax exemptions for Elliott Place 4, 4462 30th Avenue South and Elliott Place 9, 4462 30th Avenue South, a proposed building with 84 Americans with Disabilities (ADA) compliant residential units that will serve low income households.
At the June 15, 2020 Regular Meeting the Hearing was continued to this day and hour.
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.
Strategic Planning and Research Director Jim Gilmour said the 84 units in this proposed project would include 84 senior living apartments that will serve low-income households, which is needed due to the fact that the Lashkowitz High Rise is closing. The Fargo Housing and Rehabilitation Redevelopment Authority (FHRA) has been working with BluLine Development, Inc. and the financing for the project is complex, he said, with FHRA securing grants, Low Income Housing Tax Credits, money from the Housing Trust Fund, Housing Incentive Fund, the City’s HOME program and mortgages to cover the estimated $20.9 million project. He said there are two applicants for the same project due to the two ownership groups who will be selling the different tax credits, therefore, t the tax exemption will go to both legal entities. Elliott Place will offer low rents for 17 years and there were three scenarios requested from PFM Financial Advisors LLC, he said. The first scenario was full taxes paid only on the land value for $1,013,000.00, the second was full taxes paid on the land and building value at $7,733,000.00 and the third was full taxes paid on the land value only plus the County’s share of the building. He said PFM found that the project would be feasible only under Scenario 1. After 17 years, he said, FHRA is the lead developer and the project will be transferred to FHRA who will continue to use it for low-income housing for as long as possible.

Matthew Pike, FHRA, said the impact on the other taxing jurisdictions is the land is owned by the FHRA who is tax exempt and there are no property taxes paid on the land at this time. When the project is completed and while it is under construction, because they have a private sector partner and because of how the State assessment law works, property taxes will have to be paid on the value of the land. He said the property tax paid to local taxing jurisdictions will increase to approximately $14,000.00 a year at the end of the 17-year period, then it would revert back to FHRA and it would be tax exempt at that point. However, he said, FHRA has a long pattern of making contributions to the City for the cost of City services similar to about $14,000.00. He said . The the project will need the County’s support to make this work. If and if the County opts out, he said, this would jeopardize the project due to the fact that they would not be able to pay that coverage until year three. He said the project actually results in an increase in property taxes being due to the fact that FHRA will retain ownership through a lease to the entity that has been created to build the affordable housing for seniors and it will pay the taxes on the land, which allows the FHRA to make the appropriate contribution for City services. He said there were a number of options explored, including a transfer of the land to the developing entity, which acts as general partner for the developing entity as well, then in year 16 or 17 the property will come back to FHRA where it will be kept affordable. He said it is confusing in that the application looks like there are two different applications when in fact there is one building; however, there is a legal requirement due to the fact that FHRA received both 4 percent and 9 percent tax credits amounting to $10.1 million, then a loan was taken out for about $5 million and there is about $6 million in additional funds from multiple other sources.,

In response to a question from Commissioner Piepkorn asking about different apartments and different rates and how the assistance works for different levels of financial ability to pay, Mr. Pike said FHRA is committing 84 project-based vouchers, which requires a 50 percent area median income (AMI) or lower to qualify. Although the original application and the analysis allows for tenancies of 30 to 80 percent, he said, it is actually broken up and that gives FHRA flexibility should something go wrong. He said FHRA is committed at the 50 percent or lower AMI; therefore, this building is going to be a service for very low income people.

In response to a question s from Commissioner Piepkorn asking if the income percentage is evaluated on a regular basis and what is the prediction on the demand for this facility, Mr. Pike said FHRA is required to make interim checks of income and sometimes that is done more frequently. He said it is important to know as soon as possible about income increases or decreases so adjustments can be made. He said for example, if someone makes $1,000.00 a month, they pay only 30 percent of their income for rent and the rest is paid through the voucher. He said this project will serve the very low income people of the community, especially the elderly who are retired and on fixed incomes. He said the demand is going to be high due to the fact that the waiting list is now has more than 2,000 people on it.

Commissioner Strand said Low Income Housing Tax Credits are not easily obtained, especially in a low populated state such as North Dakota, and he wanted to know what it takes to get these types of projects.

Mr. Pike said it is very competitive and North Dakota only receives enough tax credits to do four or five projects a year in the 40-unit range. He said what FHRA got received is nine, credits which are valuable and bring a lot of income and they have blended them together and the City is getting 84 units done where many other developers would have stopped at 40 units. He said one of the things HUD looks at on an application is City participation; therefore, if the City did not provide these kinds of tax incentives and does not help with land, then FHRA is not going to be successful in getting the tax credits.

Commissioner Piepkorn said the City has to be careful in how it uses tax exemption; however, in this instance, there could not be a better cause for the use of tax exemptions.

Mr. Pike said it is also not about getting seniors to come to Fargo; it is about keeping seniors here who otherwise might not be able to stay unless there is a place they can afford.

Commissioner Strand moved that the application filed by Elliott Place 4, 4462 30th Avenue South and Elliott Place 9, located at 4462 30th Avenue South for a 17-year payment in lieu of tax exemption in the amount of $0.00 pursuant to Chapter 40-57.1, NDCC be approved.

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

Annexation of Property Located in the East Half of a Pof a Portion of Auditor’s Lot 2 of the East Half of Section 14, Township 140 North, Range 49 West Approved (4764 25th Street North): Approved: No Protests Received:
A Notice was published in the official newspaper for the City of Fargo, as required by law, on June 16, 2020 stating that a petition had been filed with the City of Fargo for Annexation of property located in the East Half of Section 14, Township 140 North, Range 49 West, of the Fifth Principal Meridian containing 1.83 acres, more or less (All that part of Auditor’s Lot 2 of the East Half of Section 14, Township 140 North, Range 49 West of the Fifth Principal Meridian, on file and of record as document number 1490962, in the office of the County Recorder of Cass County, North Dakota, lying north of the South line of the Northeast Quarter of said Section 14).

Current Planning Coordinator Donald Kress said the petition for annexation was brought forward by the landowner, who owns more than three-fourths of the property in the annexation area. He said the property is proposed to be developed as a one-lot industrial subdivision along 25th Street North, adjacent to existing industrial development. Approval of the annexation includes approval of a non-protest agreement between the applicant and the City in relation to future paving of 25th Street North, he said.

Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, A Resolution of Annexation was published, as required by law, in the official newspaper for the City of Fargo on June 16, 2020, annexing the East Half of Section 14, Township 140 North, Range 49 West, of the Fifth Principal Meridian containing 1.83 acres, more or less (All that part of Auditor’s Lot 2 of the East Half of Section 14, Township 140 North, Range 49 West of the Fifth Principal Meridian, on file and of record as document number 1490962, in the office of the County Recorder of Cass County, North Dakota, lying north of the South line of the Northeast Quarter of said Section 14; and
WHEREAS, The Board of City Commissioners finds and declares that no protests have been filed with the City Auditor's Office after publication of the Annexation Resolution adopted by the Board of City Commissioners on June 29, 2020.
NOW, THEREFORE, BE IT RESOLVED, That the tract of land described in said Resolution of Annexation be and the same is hereby annexed to, made part of and included within the corporate limits of the City of Fargo, Cass County, North Dakota, and that the City Auditor's Office be and is hereby directed to record said annexation plat in the Cass County Recorder’s Office in Fargo, North Dakota.

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

First Reading of an Ordinance Annexing a Certain Parcel of Land Lying in the East Half of Section 14, Township 140 North, Range 49 West, in Cass County, North Dakota:
Commissioner Preston moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and moved the Ordinance Annexing a Certain Parcel of Land Lying in the East Half of Section 14, Township 140 North, Range 49 West be placed on first reading.

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

Parcels of Land in Luxsun 25th Street North Addition Rezoned (4764 25th Street North):
At a Hearing held on May 5, 2020 the Fargo Planning Commission recommended approval of a change in zoning from A/G, Agricultural to L/I, 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.
Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff 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 Preston, 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 Luxsun 25th Street North Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Preston moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in the Luxsun 25th Street North Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Luxsun Addition:
Commissioner Preston offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Luxsun 25th Street North Addition” containing 1 Lots, 1 Blocks, and 1.93 acres of land more or less, located at 4764 25th Street North; and
WHEREAS, A Hearing was held May 5, 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 June 16 and 24, 2020 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., June 29, 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 “Luxsun 25th Street North 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 o and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

State Water Commission Request for Cost Reimbursement for FM Diversion Flood Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $228,188.72 for cost reimbursement for the FM Metropolitan Area Flood Risk Management Project for April 1 to May 31, 2020. He said the request is for expenses related to the Oxbow/Hickson/Bakke component of the project.
Commissioner Piepkorn moved the cost reimbursement request in the amount of $228,188.72 for the FM Diversion Flood Project for expenses related to the Oxbow/Hickson/Bakke component of the project be approved.

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

State Water Commission Request for Cost Reimbursement for FM Diversion Flood Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $5,519,481.17 for cost reimbursement for the FM Metropolitan Area Flood Risk Management Project for April 1 to May 31, 2020. He said the request is for land purchases, payments to landowners for soil boring and rights of entry and other flood mitigation projects.
Commissioner Piepkorn moved the cost reimbursement requests in the amount of $5,519,481.17 for the FM Diversion Flood Project be approved as presented.

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

Appointments to the Board of Appeals Approved:
The Board received a communication from Mayor Mahoney stating the term of Jeff Furstenau on the Board of Appeals expires on June 30, 2020 and Mr. Furstenau does not wish to be reappointed. He said Mark Honzay, whose term would have expired on June 30, 2021, has moved out of the area and is no longer eligible to serve. Kevin Bartram and Brian Berg have submitted applications indicating interest in serving on the Board, he said, and he recommends their appointments.
Commissioner Preston moved Kevin Bartram be appointed to the Board of Appeals for a 5-year term ending June 30, 2025 and that Brian Berg be appointed to fill the unexpired term of Mark Honzay ending on June 30, 2021.

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

Appointments to the Civil Service Commission Approved:
The Board received a communication from Mayor Mahoney recommending that Paul Grindeland and Kurt Losee be reappointed to the Civil Service Commission.
Commissioner Preston moved Paul Grindeland and Kurt Losee be reappointed to the Civil Service Commission for three-year terms ending June 30, 2023.

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

Steve Bladholm Reappointed to the Special Assessment Commission:
The Board received a communication from Mayor Mahoney recommending that Steve Bladholm be reappointed to the Special Assessment Commission.
Commissioner Preston moved Steve Bladholm be reappointed to the Special Assessment Commission for a three-year term ending July 1, 2023.

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

Appointments to the Library Board Approved:
The Board received a communication from Mayor Mahoney stating the terms of Scott Beaulier, Jan Ulferts Stewart and Don Carlton Hawley Jr. expire on June 30, 2020. He said Mr. Beaulier and Mr. Hawley are willing to continue their service on the Board; however, Ms. Ulferts Stewart no longer wishes to serve. He recommends that Mr. Beaulier and Mr. Hawley be reappointed and that Kristen Schipper be appointed to the Library Board.
Commissioner Preston moved Scott Beaulier and Don Carlton Hawley Jr. be reappointed and Kristen Schipper be appointed to the Library Board for a three-year terms ending June 30, 2023.

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

Jared Heller Reappointed to the Board of Adjustment:
The Board received a communication from Mayor Mahoney recommending that Jared Heller be reappointed to the Board of Adjustment. He said the terms of Russell Ford-Dunker and Jared Heller expire on June 30, 2020; however, Mr.
Ford-Dunker no longer wants wishes to serve on the Board. Mr. Heller had been serving as an Alternate Board of Adjustment member and is willing to fill the vacancy on the Board created by the resignation of Mr. Ford-Dunker.
Commissioner Preston moved Jared Heller be reappointed to the Board of Adjustment for a three-year term ending June 30, 2023.

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

Appointments to the Native American Commission Approved:
The Board received a communication from Mayor Mahoney recommending that Heather Keeler and Chalsey Snyder be reappointed to the Native American Commission.
Commissioner Preston moved Heather Keeler and Chalsey Snyder be reappointed to the Native American Commission for three-year terms ending June 30, 2023.

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

Appointments to the Parking Commission Approved:
The Board received a communication from Mayor Mahoney recommending that Randy Thorson and Jay Krabbenhoft be reappointed to the Parking Commission.
Commissioner Preston moved Randy Thorson and Jay Krabbenhoft be reappointed to the Parking Commission for three-year terms ending June 30, 2023.

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

Resolution Adopting Rules and Regulations Relative to the Operation of the Agenda and Conduct of City Commission Meetings Approved:
The Board received a communication from Executive Assistant Kember Anderson requesting the Board review the proposed Resolution relating to City Commission meetings and agendas and either amend or confirm that these are the rules and regulations the Board will operate under.
Commissioner Strand offered the following Resolution entitled “Resolution Adopting Rules and Regulations Relative to the Operation of the Agenda and Conduct of City Commission Meetings” and moved its adoption:
WHEREAS, It is desirable that the transaction of City business be done in an orderly fashion; and
WHEREAS, The Board of City Commissioners of the City of Fargo deems it desirable and necessary to promulgate rules and regulations for the guidance of commissioners and citizens.
NOW, THEREFORE, BE IT RESOLVED By the Board of City Commissioners of the City of Fargo that the following rules and regulations relative to the operation of the agenda and the conduct of City Commission meetings IS HEREBY ADOPTED, superseding any and all former rules and regulations which have been adopted:

I. AGENDA

A. There shall be one agenda prepared for each meeting.

B. Any City Commissioner, City employee or citizen of the City may place an item or issue on the agenda.

C. All agenda items or issues to be qualified for regular consideration must be submitted in clear, articulate and definite terms and must be communicated to the City Commission office prior to 12:00 noon on the Thursday preceding the meeting.

D. Agenda items must be accompanied by a written explanation of the item. A “suggested” motion must be typed at the end of the communication which states the action being requested of the Board. If the communication is for information purposes only, there should be a statement to that effect at the beginning of the letter.

E. Any correspondence or other supporting material for any item on the agenda which is intended to become a part of the public records of the City must be received in the City Commission office no later than 12:00 noon on the Thursday preceding the meeting. In the event such material is not submitted to the City Commission office as stated above, such material and the related agenda item shall be stricken and placed on the agenda for the next regular meeting.

F. Any item or issue placed on the agenda may be removed or withdrawn only by the person who placed it there, or by his or her duly and properly authorized agent.

G. Any items or issues which have not qualified for the regular agenda under the rules as stated above, or any new and timely issues which arise after preparation of the regular agenda may, with the consent of a majority of the City Commissioners who are present and voting, be considered as an extra item.

H. Ordinances shall be sponsored by a member of the Board of City Commissioners or the City Commission as a whole. Any citizen or City employee desiring any ordinance change shall submit such request to a member of the Board of City Commissioners or to the Commission as a whole. No ordinances shall be drafted by the City Attorney, except upon request of a member of the Board of City Commissioners or by the City Commission as a whole.

I. The order of the agenda shall be as determined by the Executive Assistant to the Board of City Commissioners utilizing general guidelines as follows:

1. Consent agenda at the beginning of the agenda. The consent agenda shall be non-controversial routine items as may be determined by the Executive Assistant.

2. Non-consent agenda at the end of the agenda. Non-consent items shall be as determined by the Executive Assistant.

J. The calling and conduct of special meetings shall be in accordance with ordinances of the City of Fargo and laws of the State of North Dakota.

II. RULES GOVERNING CONDUCT OF CITY COMMISSION MEETINGS

A. Meetings shall be conducted in accordance with Roberts Rules of Order, except that the principle of majority rule shall always prevail, and any such rule may be changed or suspended by a majority vote of the Board of City Commissioners.

B. At each regular meeting, the first item of business shall be the consideration and approval of the agenda, including the deletion of any item which the Commission deems to be frivolous or repetitious and the addition of requested extra items.

C. The Mayor or other presiding Commissioner will announce the item on the agenda. It is suggested the person who requested placement of the item on the agenda will then be given up to three (3) minutes to present any additional information not included in the letter. There will be opportunity for input after a motion is made and seconded. Proponents will be recognized first, then opponents. It is suggested persons wishing to speak will be allowed no more than three minutes each. Time for each side will be designated by the Chair. Additional time will be allowed only if Commissioners have questions or if there has been a majority vote to allow additional discussion. The item will be voted upon and no further discussion will be allowed.

D. Each member of the Board of City Commissioners shall vote on every issue unless absent from the meeting or excused from voting. Any member wishing to be excused from voting, or who does not feel qualified to vote because of a conflict of interest, shall ask to be excused from voting and state the reasons therefore. The remaining Commissioners shall, by majority vote, either grant or deny such request to be excused. If the Commissioner making such request is excused, he or she shall be deemed to be disqualified and the abstention shall not be counted as an aye or nay. If the request is denied and the Commissioner refuses to vote, his or her vote shall be deemed to be the same as the majority of those voting.

E. The Chairman of the meeting shall not refuse to recognize any member who wishes to make a motion or to be heard on a particular item.

F. Any on duty police officer may be considered as a sergeant at arms for Commission meetings and may be summoned to maintain order by any member of the Board of City Commissioners at any time.

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

Liaison Commissioner Assignments Approved:
The Board received a communication from Mayor Mahoney stating that after careful consideration, he recommends the following Commissioner Liaison assignments:

Gehrig
Departments: Enterprise/Utilities, Fire, Information Services, Library, Buildings and Grounds
Committees: Diversion Authority (alternate), Liquor Control, Metro COG, Utility Committee
Board Liaison: Fargo Youth Initiative, Library, Red River Basin Board

Preston
Departments: Planning, Health
Committees: Diversion Authority (alternate), Metro COG, Metro Area Transit Coordinating Board, Renaissance Zone Authority, Cass Clay Food Commission
Board Liaison: Board of Adjustment, Board of Appeals, Civil Service, Board of Health, Historic Preservation

Mahoney
Departments: City Commission, Finance, Human Resources, Public Works, Police
Committees: Ambulance Service Oversight Committee, Cass County Planning Commission, Community Development, Diversion Authority, GFMEDC, Lake Agassiz Water Authority, Position Evaluation Committee, Tax Exempt Review Committee, Vector Control, Finance Committee, Public Works Projects Evaluation Committee, Utility Committee

Piepkorn
Departments: Engineering, Inspections, Fargodome, Strategic Planning and Research
Committees: Diversion Authority, Fargodome Finance, GFMEDC, Lake Agassiz Water Authority (alternate), Liquor Control, Metro COG, Position Evaluation Committee, Renaissance Zone Authority, Tax Exempt Review Committee, Finance Committee
Board Liaison: Auditorium Committee, Downtown Community Partnership, Fargo Dome Authority, Parking Commission, Red River Basin Board, Special Assessment

Strand
Departments: Transit, Communications and Public Affairs
Committees: Community Development, Diversion Authority, Metro COG, Metro Area Transit Coordinating Board, Traffic Tech Advisory
Board Liaison: Arts and Culture, Human Relations, Native American, Housing Authority, Civil Service, Airport Authority

Commissioner Piepkorn moved the recommendations submitted by Mayor Mahoney be approved as outlined above.

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

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, July 13, 2020.

Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 5:51 o’clock p.m.p.m.