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Board of City Commissioners - May 18, 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, May 18, 2020.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: Sam’s Club donated almost 100 canisters of Clorox wipes to assist in disinfecting common areas in City Hall; the Library continues to offer no contact curbside pickup and is open online with many options, this year’s Summer Reading Program includes an online option for readers; Police Chief David Todd has announced he is retiring at the end of July and a nationwide search for his replacement has begun; the final installation of wall coverings in the Chambers is complete with panels created by Andrew David Stark entitled “Over the Flowing Acres and Across the Great Expanse;” and a video was shared of today’s flyover of Sanford Health’s Medical Center by a B-52H Stratofortress assigned to Minot Air Force Base honoring front line responders.

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 Piepkorn moved that the Minutes of the Regular Meeting of the Board held on May 4, 2020 be approved as read.
Second by Strand. All the Commissioners voted aye and the motion was declared carried.

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

1. Site Authorizations for Games of Chance:
a. Plains Art Museum at Big Top Bingo, King Pin Casino – The Bowler, Blue Wolf Casino - West Acres Bowl and Wild Bill’s Sports Saloon.
b. Red River Human Services Foundation at The Elks Lodge #260 and The Northern.
c. Jon Greenley Amvets Post #7 at Amvets and Hi-Ho Burgers & Brews.
d. ND Association for the Disabled, Inc. at Cowboy Jack’s, Bulldog Tap, O’Kelly’s and Shotgun Sally’s Rock N Roll Saloon.
e. American Gold Gymnastics, Inc. at Sidestreet Grille & Pub and The Box.
f. Special Olympics North Dakota at Rooters Bar.

2. Applications for Games of Chance:
a. FM AM Rotary for a sports pool from 9/14/20 to 2/7/21.
b. El Zagal Provost Unit for a sports pool from 9/13/20 to 12/31/20.
c. Essentia Health Fargo Foundation for a raffle board on 6/11/20.

3. Purchase Agreement with Peggy J. Barnum in the amount of $267,000.00 for property located at 775 Royal Oaks Drive North (Project No. FM-19-B).

4. Right of Way Use Agreement with Frank Leland Watkins for work at 1 8th Street South.

5. LOMR Payment Agreement to be used for future LOMR infrastructure requests incorporated into the City of Fargo Improvement Project.

6. Bid advertisement for Project No. BP-00-57.

7. Receive and file General Fund – Budget to Actual through April 2020 (unaudited).

8. 90-day extension of FMLA for Firefighter Nick Mitchell.

9. Service Agreement for Shelter Manager with the ND Department of Emergency Services and ND Department of Human Services.

10. DMF/Impact/Alex Stern Foundations Emergency Grant Agreement with the Gladys Ray Shelter.

11. Notice of Grant Award with the ND Department of Health for the Ryan White Part B Program (CFDA #93.917).

12. Set June 1, 2020 at 5:15 p.m. as the date and time for a hearing on a dangerous building at 114 15th Street South.

13. Bid award to Compass Minerals America, Inc. at a price of $101.69 per ton for the 2020/2021 highway deicing salt contract (RFP20080).

14. Bid award to Northern Truck Equipment in the amount of $151,909.00 for one log loader (RFP20052).

15. Extend the Services Agreement Lawn Maintenance Services with Valley Green and Associates and Glacier Snow Management Company for the 2020 mowing season.

16. Contracts and bonds for heating pump replacement at the FARGODOME (RFP20081) and Wastewater Treatment Facility Phase IIB Expansion Project (AFB20036).

17. Bills in the amount of $3,794,651.01.

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

Contract for Storm Sewer Lift Station Retention Pond and Incidentals Improvement District No. NN-19-A1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and Key Contracting, Inc. for Storm Sewer Lift Station Retention Pond and Incidentals Improvement District No. NN-19-A1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for Storm Sewer Lift Station Retention Pond and Incidentals Improvement District No. NN-19-A1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
Western Surety Company in the amount of $1,232,525.60 for Storm Sewer Lift Station Retention Pond and Incidentals Improvement District No. NN-19-A1 in the City of Fargo, North Dakota.

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

Contract Award for Consulting Services to Apex Engineering Group in the Amount of $1,607,106.00 Approved (Improvement District No. BR-22-A0):
The Board received a Report of Action from the Consultant Selection Committee stating proposals for the 32nd Avenue South project between 32nd Street and University Drive were received from Houston Engineering, Apex Engineering Group and KLJ. They said the total to complete consultant work is $1,607,106.00 and it is requested that the entire amount be authorized and the Engineering Department would contract with the consultant in phases.

Commissioner Gehrig moved the Contract Award for Consulting Services to Apex Engineering Group in the amount of $1,607,106.00 be approved.

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.

Change Order No. 1 for Improvement District No. BR-20-C0 Approved:
Commissioner Strand moved Change Order No. 1 for an increase of $23,638.00 for Improvement District No. BR-20-C0 be approved.

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

Change Order No. 1 for Improvement District No. BR-20-C1 Approved:
Commissioner Strand moved Change Order No. 1 for changes to the phasing sequence for Improvement District No. BR-20-C1 be approved.

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

Change Order No. 16 for Improvement District No. BR-18-B1 Approved:
Commissioner Strand moved Change Order No. 16 for an increase of $13,996.56, for Improvement District No. BR-18-B1 be approved.

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

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

Commissioner Strand moved the Memorandum of Offer to Landowner for the Purchase of a Temporary Construction Easement from Adam and Julie Hollingsworth in association with Improvement District No. BN-20-C1 be approved.

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

No Protests Received for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-J1:
The Statutory Resolution of Necessity for the construction of P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-J1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on April 13 and 20, 2020 and no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Strand moved that the Board declare that no protests have been filed to the construction of P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-J1.

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

Bids Received for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-J1:
The bids for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-J1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., May 13, 2020 and the bids were found to be as follows:

Dirt Dynamics, LLC Fargo, ND
Bid: $153,362.00

Opp Construction Fargo, ND
Bid: $183,070.00

MAK Construction Grand Forks, ND
Bid: $188,880.00

Contract for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-J1 Awarded to Dirt Dynamics, LLC in the Amount of $153,362.00:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-J1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 13, 2020 for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-J1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for
P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-J1 shows the bid of Dirt Dynamics, LLC of Grand Forks, North Dakota, in the sum of $153,362.00 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 Dirt Dynamics, LLC in the sum of $153,362.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-J1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dirt Dynamics, LLC for the sum of $153,362.00, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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

No Protests Received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Lighting and Incidentals Improvement District No. BN-20-E1:
The Statutory Resolution of Necessity for the construction of 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, was duly published in the official newspaper for the City of Fargo, North Dakota on April 13 and 20, 2020 and no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Strand moved that the Board declare that no protests have been filed to the construction of Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Lighting and Incidentals Improvement District No. BN-20-E1.

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

Bids Received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Lighting and Incidentals Improvement District No. BN-20-E1:
The bids 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 were opened at 11:30 o'clock a.m., May 13, 2020 and the bids were found to be as follows:

Fox Underground, Inc. West Fargo, ND
Bid: $2,276,863.90

Northern Improvement Company Fargo, ND
Bid: $2,304,158.95

Border States Paving, Inc. Fargo, ND
Bid: $2,507,839.39

Sellin Brothers, Inc. Hawley, MN
Bid: $2,779,122.75

Dakota Underground Company Fargo, ND
Bid: $2,849,568.00

Contract for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Lighting and Incidentals Improvement District No. BN-20-E1 Awarded to Fox Underground, Inc. in the Amount of $2,276,863.90:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Lighting and Incidentals Improvement District No. BN-20-E1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 13, 2020 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; and
WHEREAS, The City Engineer's tabulation of the bids received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Lighting and Incidentals Improvement District No. BN-20-E1 shows the bid of Fox Underground, Inc. of West Fargo, North Dakota, in the sum of $2,276,863.90 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 Fox Underground, Inc. in the sum of $2,276,863.90 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract 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 and the same is hereby awarded to Fox Underground, Inc. for the sum of $2,276,863.90, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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

No Protests Received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-F1:
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-F1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on April 13 and 20, 2020 and no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Strand moved that the Board declare that no protests have been filed to the construction of Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-F1.

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

Bids Received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-F1:
The bids for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-F1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., May 13, 2020 and the bids were found to be as follows:

Fox Underground, Inc. West Fargo, ND
Bid: $2,091,266.50

Northern Improvement Company Fargo, ND
Bid: $2,239,790.10

Dakota Underground Company Fargo, ND
Bid: $2,660,545.80

Contract for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-F1 Awarded to Fox Underground, Inc. in the Amount of $2,091,266.50:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-F1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 13, 2020 for Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District
No. BN-20-F1 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-F1 shows the bid of Fox Underground, Inc. of West Fargo, North Dakota, in the sum of $2,091,266.50 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 Fox Underground, Inc. in the sum of $2,091,266.50 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-F1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Fox Underground, Inc. for the sum of $2,091,266.50, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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

No Protests Received for Asphalt Wear Course and Incidentals Improvement District No. PN-20-A1:
The Statutory Resolution of Necessity for the construction of Asphalt Wear Course and Incidentals Improvement District No. PN-20-A1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on April 13 and 20, 2020 and no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Strand moved that the Board declare that no protests have been filed to the construction of Asphalt Wear Course and Incidentals Improvement District No. PN-20-A1.

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

Bids Received for Asphalt Wear Course and Incidentals Improvement District No. PN-20-A1:
The bids for Asphalt Wear Course and Incidentals Improvement District No. PN-20-A1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., May 13, 2020 and the bids were found to be as follows:

FM Asphalt, LLC Moorhead, MN
Bid: $1,717,959.00

Border States Paving, Inc. Fargo, ND
Bid: $1,731,151.15

Northern Improvement Company Fargo, ND
Bid: $1,766,582.40

Central Specialties, Inc. Alexandria, MN
Bid: $2,028,678.08

Contract for Asphalt Wear Course and Incidentals Improvement District No. PN-20-A1 Awarded to FM Asphalt, LLC in the Amount of $1,717,959.00:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Asphalt Wear Course and Incidentals Improvement District No. PN-20-A1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 13, 2020 for Asphalt Wear Course and Incidentals Improvement District No. PN-20-A1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Asphalt Wear Course and Incidentals Improvement District No. PN-20-A1 shows the bid of FM Asphalt, LLC of Moorhead, MN, in the sum of $1,717,959.00 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 FM Asphalt, LLC in the sum of $1,717,959.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Asphalt Wear Course and Incidentals Improvement District No. PN-20-A1 in the City of Fargo, North Dakota, be and the same is hereby awarded to FM Asphalt, LLC for the sum of $1,717,959.00, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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

No Protests Received for Street Lighting and Incidentals Improvement District No. SL-20-C1:
The Statutory Resolution of Necessity for the construction of Street Lighting and Incidentals Improvement District No. SL-20-C1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on April 13 and 20, 2020 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Strand moved that the Board declare that no protests have been filed to the construction of Street Lighting and Incidentals Improvement District No. SL-20-C1.

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

Bids Received for Street Lighting and Incidentals Improvement District No. SL-20-C1:
The bids for Street Lighting and Incidentals Improvement District No. SL-20-C1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., May 13, 2020 and the bids were found to be as follows:

Strata Corporation Grand Forks, ND
Bid: $736,555.00

Moorhead Electric Fargo, ND
Bid: $803,084.60

Fargo Electric Construction, Inc. Fargo, ND
Bid: $849,402.80

Contract for Street Lighting and Incidentals Improvement District No. SL-20-C1 Awarded to Strata Corporation in the Amount of $736,555.00:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Street Lighting and Incidentals Improvement District
No. SL-20-C1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 13, 2020 for Street Lighting and Incidentals Improvement District No. SL-20-C1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Street Lighting and Incidentals Improvement District No. SL-20-C1 shows the bid of Strata Corporation of Grand Forks, North Dakota, in the sum of $736,555.00 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 Strata Corporation in the sum of $736,555.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Street Lighting and Incidentals Improvement District No. SL-20-C1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Strata Corporation for the sum of $736,555.00, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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

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

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

On 49th Street South from 36th Avenue South approximately 1200’ south to Merrifield Way South.
On Merrifield Way South east of 49th Street South.
On 37th Avenue South from Merrifield Way approximately 200’ east to the western boundary of Sincebaugh Addition.

COMPRISING:
All of the unplatted land in the Southeast Quarter of Section 28, T139N, R49W, south of 36th Avenue South and north of Drain 27.

All to be platted as Valley View Estates Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-20-H in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost from the City Engineer for Improvement District No. BN-20-H:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-20-H in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $2,434,971.15.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-20-H:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-20-H in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. BN-20-H 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 Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights 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 Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-20-H in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

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

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

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

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

On 65th Avenue South from 25th Street South to 180‘ west of 26th Street South. On 66th Avenue South between Toronto Loop South and 26th Street South. On 67th Avenue South from 25th Street South to Drain 53. On 26th Street South between 65th Avenue South and 67th Avenue South. On Toronto Loop South between 26th Street South and 67th Avenue South. Adjacent to the Drain 53 ROW between 65th Avenue South to Golden Valley Parkway South.

COMPRISING:
Lots 18 through 32, Block 1.
All platted within South Haven Subdivision.

All of the unplatted land bound by the Northern line of Golden Valley Addition and Golden Valley 2nd Addition, western right of way of 25th Street South, Southern line of South Haven Subdivision and the western line of Golden Valley Addition along Cass County Drain 53.

All the foregoing located in the City of Fargo, Cass County, North Dakota for the future Golden Valley Fourth Addition.

NOW, THEREFORE, BE IT RESOLVED, That Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-K in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost from the City Engineer for Improvement District No. BN-20-K:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-20-K in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $3,778,765.19.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-20-K:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-20-K in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. BN-20-K 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 Sanitary Sewer, Water Main, Storm Sewer, Paving, Site Grading, Street Lights 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 Sanitary Sewer, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals Improvement District No. BN-20-K in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said Sanitary Sewer, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals improvement is to be paid from State and Local Funds, and approximately 83 percent is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Sanitary Sewer, Storm Sewer, Paving, Site Grading, Street Lights and Incidentals must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

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

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

Presentation Regarding the Neighborhood Revitalization Initiative (NRI) Program:
Planning Director Nicole Crutchfield said the 2020 NRI Program funding from Gate City Bank is important to the community with loan rates as low as 2.5% APR for 10 to 15 year options and ranging from $10,000.00 to $75,000.00. She said this year the focus is being brought back from citywide to being core neighborhood areas.

Gate City Bank Senior Vice President, Retail Manager Barb Bertschi said the cornerstone of the bank is to provide a better way of life for the community and its customers and the NRI Program accomplishes that goal by encouraging homeowners to preserve their homes and to add to the long-term value and life of their property and their neighborhood. She said since 2003 more than $12 million has been made available in low interest loans for more than 350 properties in Fargo’s neighborhoods, saving borrowers more than $1 million in interest. She said an additional $2 million is being added to the NRI program to continue the work in Fargo.

2019 Fargo Fire Department Annual Report:
Fire Chief Steve Dirksen reviewed the 2019 Fargo Fire Department Annual Report including statistics that were compiled throughout the year. He said the Department is up nearly 7,000 responses per year since 2009 and responses continue to increase as the City grows. He showed the number of responses by planning zone and category, most common types of fires, fire origins, fire loss and pre-incident dollar values, as well as the total response times for incidents. He shared major accomplishments and said the Department retains Accreditation Agency Status and the ISO Class 1 rating, which is the best that can be achieved in the ISO system making the Department one of 94 Fire Departments in the country that is both accredited and ISO 1 rated.

Commissioner Gehrig said budget work is coming up and there will be talk about adding individuals and a need for more stations, such as when 64th Avenue South comes along. He said he hopes the Board can begin putting money away for important things for a department that has been very busy and doing a great job.

Mayor Mahoney said it was good to see the five new candidates join the department at last week’s graduation, along with a West Fargo candidate. He said it is good to see the two departments working together.

Hearing on Application Filed by Spirit Properties d/b/a Edgewood Tavern for a Class “FA-Golf” Alcoholic Beverage License at 19 Golf Course Avenue North Continued to June 1, 2020:
A hearing had been set for April 20, 2020 on an application filed by Spirit Properties d/b/a Edgewood Tavern for a Class “FA-Golf” Alcoholic Beverage License.

At the April 20, 2020 Regular Meeting the Hearing was continued to this day and hour; however, staff has asked that this Hearing be continued to June 1, 2020.

Commissioner Grindberg moved the Hearing be continued to 5:15 o’clock p.m. on Monday, June 1, 2020.

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

Application Filed by Financial Business Systems, Inc. for a Property Tax Exemption Approved:
A Hearing had been set for this day and hour on an application made by Financial Business Systems, Inc. for a property tax exemption for a new building to be constructed for an expansion to their operation located at 4601 33rd Avenue South where the applicant will operate a software development company that manufactures software serving Multiple Listing Service organizations and real estate agents.

City Assessor Ben Hushka said the applicant is growing their software business and taking on a new product line.

Joelle Staller, CFO at Financial Business Systems, Inc., said the company has been in Fargo since 1978. She said their software product, Flex MLS, serves more than 250,000 Realtors and has 130 employees. This summer they will introduce a new product that will interface with the current program and allows for an easier way to create floorplans for real estate listings, she stated.
Mr. Hushka pointed out that on the application in the packet that the calculation on page 2 item 16f “annual amount of the tax exemption” entered as $55,563.00 would more accurately be estimated at $39,000.00 based on an exemption being typically only on the expansion portion, not the entire building. He said the Tax Exempt Review Committee recommends approval of a 100% exemption for five years on the incremental difference in value.

In response to a question from Commissioner Gehrig asking if the company would still do this expansion and hire more individuals without the exemption, Ms. Staller said they would, they are getting close to starting on the building and from that standpoint, they would go ahead with it. She said they have been a Fargo company and an incentive would help a lot with their expansion and growth.
Commissioner Gehrig thanked her for her honesty and said he is happy they are staying in Fargo and growing with Fargo. He said he wishes them success; however, there is no “but for” question and he will vote no.

Commissioner Piepkorn moved that the application filed by Financial Business Systems, Inc. for a five-year, 100% property tax exemption for a project at 4601 33rd Avenue South pursuant to Chapter 40-57.1, NDCC be approved.

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

Amendments to the 2019 Action Plan and Citizen Participation Plan/Community Development Block Grant (CBDG) and HOME Investment Partnerships Programs Approved:
A Hearing had been set for this day and hour to consider Amendments to the 2019 Action Plan and Citizen Participation Plan/Community Development Block Grant (CBDG) and HOME Investment Partnership Programs.
The Board received a communication from Community Development Planning Coordinator Tia Braseth stating the Department of Planning and Development is considering COVID-related amendments to its 2019 Action Plan, previously approved by the City Commission on June 17, 2019 and its Citizen Participation Plan. She said an additional allocation of funding has been released for COVID-related response as part of the CARES Act and must be included in the Plan. The City Commission is asked to hold a public hearing, she said, and then approve the following Community Development Block Grant (CDBG/HOME) Actions:
1. Allocation Increase – Amend into 2019 Annual Action Plan – CDBG CV1.
2. Add Activity to 2019 Action Plan – Temporary Rental Assistance $464,253.00 CDBG COVID1 granted to the State of North Dakota to assist Fargo resident through its North Dakota COVID-19 Emergency Rent Bridge program or other similar programs.
3. Citizen Participation Plan – COVID-related Amendments: Amend to temporarily reduce public comment periods to 5 days instead of 30, utilize virtual meetings as needed and submit to HUD the Consolidated Annual Performance and Evaluation Report no later than 180 days after end of program year.

Director of Planning and Development Nicole Crutchfield said as part of the stimulus funding, CDGB, and as a local entitlement city, Fargo was allotted $464,000.00 and some of the preliminary steps to accepting that funding include amending the Plan so this Public Hearing is to let the public know that. Along with that, she said, a third item allows the period for public comment to be shortened from 30 days to 5 days. She said the suggestion for the Temporary Rental Assistance is to partner with the State of North Dakota as they have rolled out a rent bridge program for eligible citizens statewide. Not being sure whether to allocate the full $464,000.00 to the rent bridge program, she said, there will likely be amendments throughout the COVID response over several months since other allocations may come. She said for the waiver process in the past, there would be a public hearing and a follow up a couple weeks later; however, today she would like the public hearing plus the action on it to begin the steps with HUD.

Commissioner Grindberg offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, The City of Fargo receives Community Development Block Grant (CDBG)/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 CDBG/HOME 2019 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 its Citizen Participation 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 plans to HUD and enter into and execute 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 adoption of the Resolution Commissioner Grindberg, Gehrig, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Renaissance Zone Project for Epic Gateway North Real Estate Holdings Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for Epic Gateway North Real Estate Holdings at 300 Main Avenue.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.

The Board received a communication from Assistant Planning Director Mark Williams stating the Renaissance Zone Project application presented by Epic Gateway North Real Estate Holdings meets all of the minimum criteria set forth in the Renaissance Zone Plan and is consistent with the established goals and objectives. He said the plan is to transform the former Gateway Mall surface parking lots into a
5-story, 86,932-square-foot building with underground parking, ground floor commercial space and more than 50 apartment units.

Director of Planning and Development Nicole Crutchfield said this is the first Phase of a project at 300 Main Avenue where the applicant proposes a multi-story building with mixed-use commercial and residential, transforming the parking lot with an 86,932 square foot building with underground parking. She said this was unanimously approved by the Renaissance Zone Authority.

Commissioner Gehrig said this will be an improvement to the area which is the first thing people see when they come into Fargo from Moorhead and he is excited to see the facelift.

In response to a question from Commissioner Gehrig asking whether the developer would proceed with the plans without the incentive, Brian Kounovsky, EPIC Companies, said it would be a difficult stretch and they may not proceed with the same plans, they may only do major renovations to the building that is already there.

Commissioner Grindberg said this is a great project. This is something of a first phase, he said, and later will be the razing of the High Rise and eventually the Fargo Housing Authority may develop a new project for low income and mixed use, as he understands it. He said a third phase would be developing the City’s land, formerly Park East, so five years from now there could be a grand entrance into Fargo. He said it is an exciting project to look into the future on that side of Downtown and to dream larger would be the development of the Mid-America Steel area.

Mayor Mahoney complimented the Planning Department on their work getting vouchers for the Lashkowitz High Rise, which was key to getting things moving.

Commissioner Piepkorn said there had been skepticism about changing Main Avenue from five lanes to three lanes and whether it would change the development there; however, now it has increased walkability. In addition, he said, there has not been a better government program in North Dakota than the Renaissance Zone incentives and its impacts. He said this whole block is being reconfigured and will be very symbolic for the City.

Commissioner Grindberg moved the Renaissance Zone application filed by Epic Gateway North Real Estate Holdings for a project located at 300 Main Avenue be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority.

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

Parcels of Land in 701 Brew Addition Rezoned (701 University Drive North, and 702 and 706 12th Street North):
At a Hearing held on March 3, 2020 the Fargo Planning Commission recommended approval of a change in zoning from DMU, Downtown Mixed Use and MR-3, Multi-Dwelling Residential to DMU, Downtown Mixed Use.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Planning Coordinator Donald Kress said 701 Brew Addition will be home to 701 Brew Restaurant, which was permitted in 2019, and is located at the corner of University Drive and 12th Street North. He said the property owners have acquired the property at 706 12th Street North as a way to provide additional parking for the restaurant. The applicant is proposing a one lot minor subdivision, he said, which will combine all three existing lots into one with a zone change on one to make them all the appropriate zoning, DMU.

The applicant, Chris Hawley of Chris Hawley Architects, said the restaurant may be ready by this Fall. He said the 701 Group runs several restaurants, Brew Ales and Eats in the lakes area, Brew Bird on University and City Brew Hall in Wahpeton. This location will be a mix, he said, with a rooftop patio and very high-end restaurant on the main floor. It will be a pretty special little restaurant spot, he stated.

Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

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

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in the Proposed 701 Brew Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Grindberg moved the requirement relating to receipt of the Ordinance by the Commission, one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in the Proposed 701 Brew Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving 701 Brew Addition:
Commissioner Grindberg offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “701 Brew Addition” containing 1 Lots, 1 Blocks and 0.36 acres of land more or less, located at 702 and 706 12th Street North; 701 University Drive North; and
WHEREAS, A Hearing was held March 3, 2020 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on May 5 and 12, 2020 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., May 18, 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 “701 Brew Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

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

Parcels of Land in Golden Valley Third Addition Rezoned (6737 25th Street South and 6907 26th Street South):
At a Hearing held on November 5, 2019 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to SR-4 Single-Dwelling Residential and P/I, Public and Institutional.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Current Planning Coordinator Donald Kress said the location is off 25th Street South near Davies High School and Drain 53. He said 44 residential lots are proposed and one lot that will be a Homeowner’s Association owned park, contiguous with a similar HOA park in the Golden Valley Second Addition, also zoned Public and Institutional with a Conditional Overlay restricted to be used only as a park.

Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Gehrig, Strand, Piepkorn 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 Golden Valley Third Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Grindberg moved the requirement relating to receipt of the Ordinance by the Commission, one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in Golden Valley Third Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Golden Valley Third Addition:
Commissioner Grindberg offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Golden Valley Third Addition” containing 44 Lots, 4 Blocks and 14.69 acres of land more or less, located at 6737 25th Street South and 6907 26th Street South; and
WHEREAS, A Hearing was held November 5, 2019 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on May 5 and 12, 2020 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., May 18, 2020 at which time said Plat would be considered and all interested persons would be heard.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “Golden Valley Third Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

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

Hearing on a Dangerous Building Located at 1007 8th Avenue North Continued to June 1, 2020:
A Hearing had been set for this day and hour on a dangerous building located at 1007 8th Avenue North.
The Board received a communication from Inspections Administrator Bruce Taralson submitting a Notice of Dangerous Building Order, stating the property owner has failed to comply with his order to obtain a permit to repair or remove the heavily damaged structure at that location within the time allowed for that removal. The building meets nine of the 10 criteria found in the Ordinance. He said the timeline shows that the building was placarded with a Dangerous Building Order on October 30, 2019, a Dangerous Building notice was posted on February 7, 2020 and mailed via registered mail on February 11, 2020. The action taken by the owner did not comply with requirements of the notice within the 30-day deadline given, he said, which has since expired. Article 21-0401 stipulates that if a building meets the definition of a dangerous building, it must be demolished or repaired and the City Assessor states repairs to the property will exceed or are in excess of 50 percent of the building’s current value, and Article 21-0402 stipulates that if costs to repair the building exceed 50 percent or more of the current value, the building can be ordered demolished or repaired. He said the City has taken the path of demolition due to the amount of repair the building requires to be habitable. The building is vacant and the deterioration is extensive, due to damage stemming from a fire in October of 2019, he said. Multiple windows are boarded-up, he stated, and the property has had numerous junk and vehicle complaints over the years, fire remediation will be extensive due to water used to exterminate the fire and most mechanical and electrical systems will need to be replaced. In addition, he said, the City water meter was pulled in October 2019 and Xcel Energy disconnected electric and gas services in May 2018. Mr. Taralson said new information was received on this property late last week which takes this case in a different direction. He said there is a new owner and he has received statements from a local engineering company and the new owner that all steps necessary will be taken to save the structure. A demolition permit was written, he said, so investigative removal could be done so the engineer can look at the entire structure and verify it can be saved. He said if a two-week continuance could be granted, a permit will be required for the full work on the structure by May 29th and on June 1st the case can be closed. In the last year or two there have been 32 dangerous buildings or unsafe structure cases, he said, which is about two per month. Nine cases were forwarded to the City Commission for action, he said, and six were repaired and 14 were demolished. He said currently 12 cases are being monitored.

In response to a question from Commissioner Piepkorn on the process on the structures that were demolished, Mr. Taralson said they cause many financial issues. Bids are taken according to the Finance Policy, he said, and a change last year requires the City to do all hazardous material remediation if the City took the dangerous building action and did the demolition. He said this adds another two to three months and a lot of extra funds to do demolition. Funds for the contractor come through the Inspections Department in an account that is taken care of at year-end through assessments to the property, he said, and taxes end up back on the property.

In response to a question from Commissioner Grindberg asking whether the City is being fair and transparent with property owners, as he has heard were concerns in the past from core neighborhood leaders over deterioration, Mr. Taralson said each of the 12 cases currently being monitored are different. He said there are hoarding cases, deceased owners, property becoming dilapidated and rental properties with no upkeep, so each case is dealt with differently. Foreclosure actions seem to be taking between one to three years with property in limbo, he said, there are currently three of those. He says he feels the efforts of the Inspections Department are making a difference. There is a delicate balancing act when dealing with personal property, he said, and every allowance is made to save a structure. Buildings categorized as unsafe are felt to be salvageable, he said, while those that are deemed dangerous buildings, not so much. He said there will be another case in two weeks, and another case two weeks after that.

Commissioner Piepkorn said Mr. Taralson and his staff are doing a great job of going through the process. He said owners must be treated fairly; however, neighbors also need to be kept in consideration. The enforcement work is having a positive impact, he said, especially in the older neighborhoods.

Commissioner Strand said the Board is in agreement with the inspections being ramped up and it is worth noting that this property was damaged by fire. He said he is glad the new owners will have a chance.

Commissioner Grindberg moved the Hearing be continued to 5:15 o’clock p.m. on Monday June 1, 2020.

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

At 6:07 o’clock p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Interim Policy for Boulevard Gardening Approved:
Kim Lipetzky, Fargo Cass Public Health (FCPH) Nutritionist, said at the last Regular Meeting the Board directed staff to develop a set of Interim Policy recommendations regarding boulevard gardening with a sunset date of September 30, 2020. She said since the last meeting, she has worked with impacted departments to draft terms and conditions to allow boulevard gardens in the public right-of-way, and developed a program with certain provisions, an application form and educational information. The agreement would allow residents to plant turf or native grasses, plants, flowers, fruits and vegetables on the boulevard until September 30, 2020 if certain terms and conditions are met, including a permit application. She said the program would be administered through FCPH and housed on the www.letseatlocal.org website. She reviewed the proposed terms and conditions for plantings, application process, City access, indemnification clause, liability insurance requirements and restoration.

In response to a question from Mayor Mahoney asking whether such liability is part of homeowners insurance or whether additional coverage is required, Ms. Lipetzky said she understands the property owner will need to get coverage naming the City as an additional insured if planting on the boulevard.

City Attorney Erik Johnson said the program assumes the homeowner would cover insurance through an endorsement. He said indemnification, hold harmless language and additional insured requirements are standard procedures used when there is an encroachment in the right-of-way.

In response to a question from Mayor Mahoney asking whether the additional liability portion is necessary, Ms. Lipetzky said it was shaped from Moorhead’s policy and she can check to see if that extra piece is necessary.

Commissioner Gehrig said it would be important to clarify the intent of the indemnification, perhaps by visiting with the City of Moorhead to understand why they include the requirement.

Commissioner Strand moved the Interim Policy on Boulevard Gardens be approved as presented.
Second by Gehrig.

Commissioner Grindberg moved to amend the motion to require a full and comprehensive report on the growing season by the first meeting in December
Second by Gehrig.

Commissioner Piepkorn said he does not feel it is appropriate to vote on a policy now, proper procedure was not followed. He said it should have started with the Planning Department and then the Planning Commission and there is a whole list of things not addressed. It seems it was rushed through because of the pandemic and he is concerned as this needs to be all ironed out, he said.

In response to a question from Commissioner Piepkorn about how much all this costs and who pays, Ms. Lipetzky said the plantings on the boulevard would be the homeowner’s expense and no fee was put on the permit due to it being an interim policy.

Commissioner Piepkorn said there is staff time to consider. He said this is the public right of way, public land, which is a big deal and this seems like it is being done to feel good. For this to be at the City Commission level without any questions being answered is inappropriate and bad governing, he said. He wants to know the amount of money it will cost and where it is coming from, he stated.

Mayor Mahoney said Ms. Lipetzky’s salary and staff is covered in the present Health Department budget, there is no more money going into it; however, it could be researched and brought back.

Commissioner Strand said process was not followed for the recent liquor moratorium and Commissioner Piepkorn is on the Liquor Control Board.

Commissioner Piepkorn said it was a pandemic and businesses were closed with staff laid off and losing money. He said he thought the idea for the liquor moratorium was awesome and that was a legitimate emergency, there isn’t a gardening emergency.

Commissioner Strand said this is an emergency if someone is hungry. There a lot of people unemployed and in food lines, he said, and he has heard from many people appreciative that the City is looking out for families at risk. If it turns out not many families use boulevard gardening, what is the harm, he asked. If it turns out some families have a garden and get food where they might not have otherwise, he said, then good. He said he is relieved for a sunset clause, there is a lot to learn in the process and he does not want insurance to be a barrier.

In response to a question from Commissioner Strand asking how many people she thinks may put a garden on the boulevard, Ms. Lipetzky said probably a handful. She said the ideal is to find the optimal place on one’s property to have a garden.

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

On call of the roll on the original motion as amended Commissioners Grindberg, Gehrig, Strand and Mahoney voted aye.
Commissioner Piepkorn voted 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 $1,432,479.03 for cost reimbursement for the FM Metropolitan Area Flood Risk Management Project for March 2020.

Commissioner Grindberg moved the cost reimbursement request in the amount of $1,432,479.03 for the FM Diversion Flood Project be approved as presented.

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

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Bradley and Ann Williams, 4336 Carrie Rose Lane South (3 year).
b. Kjera Properties I LLC, 1416 1st Avenue South (5 year).
c. Courtney and Kelly Schutt, 3413 Bohnet Boulevard North (5 year).
d. Guy Thomas Jr., 421 23rd Street South (5 year).

Commissioner Grindberg moved the applications be approved.

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

Agreement with the Fargo Municipal Airport Authority to Extend the Notice of Termination Date in the Memorandum of Understanding with the Fargo Municipal Airport Authority Approved:
City Attorney Erik Johnson said the City entered into an Agreement with the Fargo Municipal Airport Authority (MAA) earlier this year and the Board’s approval is needed to extend the notice of termination deadline of July 1, 2020, for a period of no more than three months. He said under the Memorandum of Understanding (MOU) entered into between the City and the MAA, the initial term of the agreement was for a single year ending December 31, 2020, with an automatic renewal for an additional three years unless either party gave notice before July 1, 2020 of its intention to terminate the MOU. He said the MOU contains a substantial list of tasks to be initiated immediately; however, circumstances have impeded progress on the task list, most notably the COVID-19 pandemic, and leadership for the City and the MAA are seeking approval for this extension. He said the proposed agreement would extend the termination notice to September 1, 2020, and authorize a further extension of an additional month by agreement of the Chair of the MAA and the Mayor.

In response to question from Commissioner Gehrig asking who initiated the request for the trial period to be extended, Mr. Johnson said it was a conversation the Mayor and Commissioner Strand were involved in recently.

Mayor Mahoney said the City and MAA were supposed to be working together on a monthly basis to see how the arrangement worked; however, for several months that did not happen. He said there were some areas of discussion that have not been worked out and if the agreement is extended, he feels they can be worked out. He said otherwise, it would be that the MAA does not want to be in the MOU.

Commissioner Strand said the City is practicing up on communications with the Airport and it has been stepped up more than it has been in years. He said the City is fortunate to have the MOU in place and it is an opportunity to fine tune the agreement terms; however, a little extra time is needed to keep working positively and constructively together.
Commissioner Gehrig said if the MAA also approves it, he has no problem
with it.

Commissioner Strand moved the Agreement with the Fargo Municipal Airport Authority to Extend the Notice of Termination Date in the Memorandum of Understanding with the Fargo Municipal Airport Authority be approved, as presented.

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

Moratorium Pertaining to the Retail Sale of Alcoholic Beverages Extended to June 15, 2020:
Mayor Mahoney said the Moratorium for on-sale delivery of alcoholic beverages was passed on March 23, 2020 and extended on April 20, 2020 for an additional 30 days and it is now expiring. He said the proposed extension would extend the Moratorium to June 15, 2020.

City Attorney Erik Johnson said the deadline for the most recent extension of the Moratorium is tonight and if a further extension is not approved, it will lapse.
Mayor Mahoney said perhaps it could be considered permanently; the COVID-19 virus will be here another six months to a year and if it is done as a convenience, it helps.

Commissioner Piepkorn said a discussion is on this week’s Liquor Control Board agenda and there is some fine tuning to be done.

Commissioner Gehrig said he is not aware of any complaints and people seem to like it. Now that the Liquor Control Board is meeting again, he said, it is a good opportunity to talk about it and he would like it extended for a longer period at the next meeting.

Commissioner Strand said he would recommend exploring the option to make it a permanent policy. He senses real value to this, he stated.
Commissioner Grindberg moved the Moratorium Pertaining to the Retail Sale of Alcoholic Beverages be extended to 11:59 p.m. on Monday,
June 15, 2020, unless it is otherwise terminated or further extended by Resolution or on a motion by the Board of City Commissioners,

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

COVID-19 Update:
Director of Fargo Cass Public Health Desi Fleming summarized the Health Department’s activities supporting the COVID-19 pandemic response. She said the count of cases published today are 26 in Cass County, bringing the total to 1,173 with 33 deaths and 32 hospitalizations across North Dakota, most of them in Fargo.

Red River Valley Taskforce Update:
Director of Fargo Cass Public Health Desi Fleming said the purpose of the Red River Valley Taskforce is to stop the spread of the COVID-19 virus. She said the first meeting was May 8, 2020 and they have met Mondays and Fridays at noon. They are working on a targeted testing strategy, she said, focusing on individuals who, due to occupation, environment or exposure are at increased risk. Epidemiology data is used to help determine testing sites, she said, and due to focusing on higher risk patients, it is likely more cases will be found. She said the numbers will go up before they come down. The ND Department of Health staff will be joining her team to do contact tracing and Clay County has started doing it locally, she said, as it had been done through the MN Department of Health previously. Messaging is being clarified for vulnerable individuals to help them understand all the facts surrounding
COVID-19, she stated.

Mayor Mahoney said a different parameter is being looked at, hospital beds and the death rate. He said at this point, the beds set up in the FARGODOME will be taken down since hospital capacity has not been hit. He said the focus is on how to contain it within the community and while the public may get upset if numbers go up, that is to be expected as testing is done in the community. It appears the virus does not hit the younger population as hard, so a focus has been on long term care facilities and keeping those who are positive out of those areas, he said. The hope is for things to drop in June, he said, and while it is anticipated it could come back in the fall, there has been some hope recently that a vaccine is coming along. The National Guard is helping with testing, he said, and may be visible to the community. He said the State government’s wraparound services are intended to help families affected with things such as rent, food and wages.

CARES Act-Emergency Fund Relief Update:
Commissioner Grindberg said things are moving along with discussions with nonprofits, gaps are being identified and there does not appear to be overlap in processes.

Planning Director Nicole Crutchfield said the Planning Department has been working with the Community Development Block Grant (CDBG) dollars to determine need in the community. She said she has three program recommendations, the first being for FirstLink, which has been key in helping with the hotline. She said funds are specifically needed for an evening staff person at about $40,000.00 and CDBG would be a resource to cover that if the State does not reimburse it. In addition, she said, she would like to reimburse costs, estimated at $160,000.00 for those providing direct assistance accessing social services systems and United Way would be a fiscal agent to help connect the dots with the nonprofit groups in the community. The third item, she said, the housing assistance program was brought up earlier in the meeting. She said to expedite these items she is seeking a motion to authorize finalizing these partnerships.

Commissioner Strand said he has heard evictions are happening and the Supreme Court has lifted the restrictions so they can go before the courts. He hopes landlords and developers who have tenants at risk hold off on evictions.

Commissioner Grindberg moved to authorize finalizing the partnerships for the programs as presented by executing recipient agreements, subject to CDBG regulations and legal review.

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

Erick Brekke of Northern Plains United Labor Council, presented a list of principles he would ask the Board to consider adopting as part of the reopening of the economy, promoting safety and security first.

Mayor Mahoney said the Commission has not seen a written document and would not act; however, could take it under advisement. He said safety of workers is taken very seriously. He reminded the public that facemasks are an important part of protection to not spread the virus.

Commissioner Strand said perhaps the Red River Valley COVID-19 Taskforce could address the topics brought forward by the Union.

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, June 1, 2020.

Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:59 o’clock p.m.