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City Commission

Fargo City Commission - September 8, 2020

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., Tuesday, September 8, 2020.
The Commissioners present or absent were as shown following:
Present: Gehrig, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: Fargo Cass Public Health will collaborate with Emerging Digital Academy for its annual “Hack A Thon” September 26th and 27th, with this year’s theme “How Household Income Impacts Health Outcomes in Cass County;” the Library’s outdoor fall StoryWalk is up in the plaza near the “Sodbuster” statue; the downtown Main Library has a Mask Tree in the lobby accepting new, handmade masks of any size for members of the community; and the Police Department continues to work on the implementation of body-worn cameras with the expectation the cameras will be in service by early to mid-summer 2021.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved, withdrawing Item Nos. “20” and “25” from the Consent Agenda and moving Item
No. “22” from the Consent Agenda to the Regular Agenda.
Second by Gehrig. 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 August 24, 2020 be approved as read.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.

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

1. Receive and file an Ordinance Amending Section 8-0101 and 8-0109 of Article 8-01 of Chapter 8, Section 18-0308 of Article 18-03 of Chapter 18, Section 10-0311 of Article 10-03 of Chapter 10, and Section 11-0201 of Article 11-02 of Chapter 11 of the Fargo Municipal Code Relating to Central Business District.

2. 2nd reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Northern Sheyenne Land Third Addition to the City of Fargo, Cass County, North Dakota; 1st reading, 8/24/20.

3. Consent to Assignment with Tyler Technologies, Inc. and Bill of Sale with Red River Regional Dispatch Center.

4. Bid award to the Benefactor Group for conducting a Professional Fundraising Assessment for the proposed Performance Center (RFP20065).

5. Amendment to Lease Agreement with the Downtown Community Partnership.

6. Request for Offers to Purchase City-Owned Property at 501 Main Avenue.

7. Application for Games of Chance for the New Life Center for a raffle on 10/13/20.

8. Change Order No. 2 for an increase of $51,362.90 and time extension to the substantial and final completion dates for Project No. UR-20-A1.

9. Declaration of Public Utility Easement.

10. Bid award to Key Contracting, Inc. in the amount of $9,211,536.30 for Project No. FM-16-A1.

11. Development and Assessment Agreement – North Industrial Addition with Ryan Fargo, LLC (Project No. VF-20-A).

12. Amendment (sixth) to Developer and Road Use Agreement with Block 9 Partners, LLC.

13. Seventh Amended Lease Agreement with North Dakota State University and the Fargo Dome Authority.

14. Direct the City Attorney to Amend Ordinance 13-0901.

15. Leave of absence request for Isabella Cody.

16. Fargo Park District Foundation Matching Grant Program Agreement with Fargo Public Library.

17. Amend the existing agreement with United Way and the Afro American Development Association (on behalf of ESHARA Partners) to increase funding by $170,340.00 and to extend the Agreement through 12/31/20.

18. Accept the CDBG-CV allocation from HUD.

19. Resolution Approving Plat of Aldi First Addition (Attachment “A”).

20. Establishment of new hourly parking rates for Roberts Commons and Mercantile Garage, as presented (withdrawn).

21. Limitation of the “welcome” citations to one per vehicle and change citation verbiage to strengthen collection efforts.

22. Fargo Cass Public Health and the Harms Reduction Program to implement quarantine and isolation support to individuals in response to COVID-19, to include the temporary use of the former Police Station building for an engagement center to coordinate services (moved to the Regular Agenda).

23. Acceptance of the ND Department of Transportation Grant Funding for Seat-belt, Impaired Driving, Distracted Driving Enforcement and Education Activities and Under-age Drinking Enforcement (CFDA#20.616 and 20.600).

24. Resolution Designating the Official Snow Emergency Routes (Attachment “B”).

25. Bid awards for Project No. SW20-01 (Landfill Scales and Maintenance Facility) (withdrawn).

26. Solicitation of bids for the replacement and upgrade of lighting at the Metro Transit Garage.

27. ND Department of Transportation State Aid for Public Transit Agreement, Section 5310 Transit Grant Agreement for Capital Assistance Program and Section 5339 Transit Grant Agreement for Federal Transit Capital Investment.

28. Sole Source Procurement with Consolidated Water Solutions (Hydranautics) in the amount of $161,019.78 for the reverse osmosis membranes (SSP20139).

29. Contract and bond for Project No. WA2004.

30. Bills in the amount of $15,183,736.73.

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

Purchase Agreement with Back Forty LLP for a Permanent Street Right-of-Way in Association with Improvement District No. BN-21-A1 Approved:
The Board received a communication from Land Acquisition Specialist Shawn Bullinger stating an agreement on a final purchase price for a permanent street
right-of-way from Back Forty LLP in association with Improvement District No. BN-21-A1 has been reached and he is requesting authorization to proceed with the purchase.

Commissioner Gehrig moved the Purchase Agreement with Back Forty LLP for Permanent Street Right-of-Way in association with Improvement District
No. BN-21-A1 be approved

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

Selection of Alternative D with Option 1 for the Design of North University Drive Approved (Improvement District No. BN-20-A1):
The Board received a communication from the Public Works Projects Evaluation Committee stating the Engineering Department had three build alternatives for the project: Alternative B, a two-lane road with a shared-use path along the airport fence utilizing a new street and utility easement at an estimated cost of $7.27 million; Alternative C, a three-lane roadway with shared-use path along the airport fence at an estimated cost of $7.42 million; and Alternative D, a two-lane roadway, with the shared-use path located within the existing street right-of-way and not needing a new street and utility easement and a boulevard that will be 7 feet between the road and shared-use path with an estimated cost of $7 million. They said there were two options for the intersection of 40th Avenue North and University Drive, including an all-way stop as Option 1 and a roundabout as Option 2. The Federal Aviation Administration (FAA) will not allow a new easement along the airport property due to its Runway Protection Zones (RPZ), they said; therefore, the only option is to select Alternative D. The project has been in the works since 2015, when the City was awarded $4.5 million in federal highway funds, they said, and the project is a mile in length and runs along the northeast corner of Hector International Airport and is in the middle of an RPZ.

Commissioner Gehrig moved the selection of Alternative D with Option 1 for the design of North University Drive (Improvement District No. BN-20-A1) be approved.

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

Exchange and LOMR Payment Agreement with Sitka Investments, LLC Approved (Improvement District No. FM-20-C1):
The Board received a communication from the Public Works Projects Evaluation Committee regarding an Exchange and LOMR (Letter of Map Revision) Payment Agreement with SITKA Investments, LLC for work completed under Improvement District No. FM-20-C1.

Commissioner Gehrig moved the Exchange and LOMR Payment Agreement with Sitka Investments, LLC in association with Improvement District No. FM-20-C1 be approved as presented.

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

Request for Infrastructure be Approved Contingent Upon Execution of the Special Assessment Security Agreement and Letter of Credit: Engineering Department Directed to Begin the Design (Improvement District No. BN-20-L1):
The Board received a communication from the Public Works Projects Evaluation Committee stating the request for utilities and paving infrastructure is for the 37th Street and 63rd Avenue South Sanford Addition and the development of the future Sanford Sports Complex. They said the developer met five of the seven requirements and will work with the Auditor regarding the execution of the Special Assessment Security Agreement and Letter of Credit. Staff will incorporate the infrastructure request into the Engineering Capital Improvement Plan, they said.

Commissioner Gehrig moved the Request for Infrastructure be approved contingent upon the execution of a Special Assessment Security Agreement and Letter of Credit and to direct the Engineering Department to begin the design (Improvement District No. BN-20-L1).

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

Sanitary Sewer, Water Main, Storm Sewer, Paving and Incidentals Improvement District No. BN-20-L (37th Street and 63rd Avenue South):
Commissioner Gehrig moved the following action be taken in connection with Sanitary Sewer, Water Main, Storm Sewer, Paving and Incidentals Improvement District No. BN-20-L:

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

LOCATION:
On 37th Street South from 63rd Avenue South to 64th Avenue South.
On 38th Street South from 58th Avenue South to 64th Avenue South.
On 63th Avenue South from 37th Street South to 38th Street South.

COMPRISING:
Bounded on the north at the ½ Section lines of Section 3, Township 138
North, Range 49 West.

Bounded on the south at the ½ Section line of Section 10, Township 138 North, Range 49 West.

Bounded on the west at the ½ Section line of Section 3 and
Section 11, Township 138 North, Range 49 West.

Bounded on the east at west section line of Section 2 and
Section 11, Township 138 North, Range 49 West.

All of the foregoing is located in the City of Fargo, Cass County, North Dakota and its Extra-Territorial Area.

NOW, THEREFORE, BE IT RESOLVED, That Sanitary Sewer, Water Main, Storm Sewer, Paving and Incidentals Improvement District No. BN-20-L 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-L:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-20-L 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 $8,451,445.02.)

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-20-L:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-20-L 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-L in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Improvement District No. BN-20-L 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 and Incidentals Improvement District No. BN-20-L 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 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 Preston. On call of the roll Commissioners Gehrig, Preston, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Contract for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-20-A1 Approved:
Commissioner Gehrig moved the Contract between the City of Fargo and Key Contracting, Inc. for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-20-A1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-20-A1 Approved:
Commissioner Gehrig moved the following described Contract Bond be approved as to sufficiency:
Western Surety Company, in the amount of $133,460.00, for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-20-A1 in the City of Fargo, North Dakota.

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

David Zibolski Appointed Police Chief:
The Board received a communication from Mayor Mahoney, City Administrator Bruce Grubb and Assistant City Administrator Michael Redlinger stating the City Commission approved a conditional offer of employment to David Zibolski on
August 24, 2020, contingent upon the successful completion of all components of the Fargo Police Department’s conditional offer phase for sworn personnel. The components included a background investigation, medical exam, psychological exam, physical fitness test, polygraph and drug screen, they stated, all of which Mr. Zibolski has successfully completed. They are recommending the appointment of Mr. Zibolski to the position of Police Chief, after which a full offer of employment will be extended with a tentative start date of October 5, 2020.

David Zibolski (via conference call) thanked the Board, the Selection Committee, members of the Police Department and community for the time and effort put into the selection process and said he was greatly honored and privileged to be selected for the position. He said he is anxious to get onboard and to work collectively to enhance Department operations and strengthen community relations and trust with all involved.

Commissioner Piepkorn moved the recommendation to appoint David Zibolksi Police Chief be approved.

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.

Construction Update:
City Engineer Brenda Derrig said construction projects have been moving very well this year and project updates are available to the public on Twitter, Facebook and FargoStreets.com. She said projects are finishing up now, entering into the fall and there have been no safety incidents. She said Main Avenue and 7th Avenue North have opened ahead of schedule, 3rd Avenue North is in the final phase and the main work is done on 10th Street North. The water main replacement project on 17th Street South was completed, she said, and 25th Avenue South had storm sewer work and will finish up with mill and overlay and boulevard restoration. She said work on 64th Avenue South east of Drain 53 is completed with some curb work and trail work remaining. Three alley paving projects are progressing and should be completed on time, she said, and street lighting projects are about 80 percent complete, with about two years remaining to complete the project to light the dark areas. There were some new development projects in 2020, she said; Legacy, Golden Valley, Madelyn Meadows and Valley View Estates.

In response to a question from Commissioner Strand about whether the underpass cutaway at Main Avenue onto NP will remain in place, Ms. Derrig said that is permanent. She said the narrowing of the roadway between University and the river allowed that counter flow onto NP Avenue.

Application Filed by AdShark Ventures, LLC for a Property Tax Exemption Withdrawn:
A Hearing had been set for August 24, 2020, on an application filed by AdShark Ventures, LLC for a property tax exemption for a project located at 5601 34th Avenue South, which the applicant will use in the operation of their ecommerce services, utilizing online-user data, internet based platforms, website development and conversion rate optimization to drive sales and new customer growth.
At the August 24, 2020 Regular Meeting the Hearing was continued to this day and hour; however, the applicant has withdrawn the application.

Application Filed by Beyond Shelter, Inc. for Payment in Lieu of Tax Exemption (PILOT) Approved:
A Hearing had been set for this day and hour on an application filed by Beyond Shelter, Inc. for payment in lieu of property tax exemption for a project at 708 4th Avenue North, which the applicant will use in the operation of a 42-unit affordable rental housing for seniors.
No written protests have been filed for the attention of the Board.
The Board determined that no person is present at this Hearing to protest or offer objection thereto.

Director of Strategic Planning and Research Jim Gilmour said the property was transferred to Beyond Shelter earlier this year. He said Downtown housing projects to serve low-income population come with challenges, such as limited rents, same costs as other locations yet more expensive land, demolition issues, staging and power line issues. It is clear for this and other low-income housing projects that they cannot afford to pay full property taxes, he said, so this would be a 20-year payment in lieu of tax exemption based more on rent than property value and support from the City is crucial in getting financing. The Tax Exempt Review Committee supports the request, Fargo Schools did not opt out and the Cass County Commission voted unanimously earlier today to participate in the tax exemption, he stated.

Dan Madler, Chief Executive Officer of Beyond Shelter, Inc., said the Fargo based non-profit is a developer of quality affordable homes and he introduced Lisa Rotvold, Development Director of Beyond Shelter, Inc.

Ms. Rotvold shared a PowerPoint presentation outlining the project details and the building plans from Foss Architecture and Interiors. She said the affordable building project is being named Milton Earl after Milton Earl Beebe. The senior living complex will be four stories with 42 accessible units, she said, with amenities such as community space, recreation space, a library with a computer, on-site hair salon and a roof patio. The timeline includes financing work through the summer of 2021, she said, with demolition and ground breaking in the summer of 2021 and opening in the summer of 2022.

In response to a question from Commissioner Gehrig asking whether all units will be for low income, Ms. Rotvold said all units will target 60% of Area Median Income (AMI) or less, with some having deeper targeting. She said 60% of AMI for a single-person household is $37,560.00 and $18,780.00 for a 30% household.

Commissioner Piepkorn said having this low-income housing in the Downtown will be a great addition.
In response to a question from Commissioner Piepkorn on their occupancy rates, Ms. Rotvold said the average vacancy rate for their senior housing projects is less than 2 percent and the last two projects have been leased in 45 days or less.

Commissioner Strand moved that the application filed by Beyond Shelter, Inc. for a 20-year payment in lieu of tax exemption pursuant to Chapter 40-57.1, NDCC be approved, as follows:
Years 1-3 $0
Year 4 $8,400.00
Year 5 $8,568.00
Year 6 $8,739.00
Year 7 $8,914.00
Year 8 $9,093.00
Year 9 $9,274.00
Year 10 $9,460.00
Year 11 $9,649.00
Year 12 $9,842.00
Year 13 $10,039.00
Year 14 $10,240.00
Year 15 $10,444.00
Year 16 $10,653.00
Year 17 $10,866.00
Year 18 $11,084.00
Year 19 $11,305.00
Year 20 $11,532.00

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

Parcels of Land in RTFMA Addition Rezoned (1326 16 1/2 Street South):
At a Hearing held on May 5, 2020 the Fargo Planning Commission recommended approval of a change in zoning from SR-3, Single-Dwelling Residential to SR-5, Single-Dwelling Residential.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Current Planning Coordinator Donald Kress said the proposed RTFMA Addition (Rebuilding Together Fargo-Moorhead Area) proposes to take a single lot and divide it into two long, narrow lots to build a twin home with each side individually owned.

Russ Richards, Executive Director of RTFMA, said this twin home will also be built as affordable housing and is part of a grant received several years ago through the Wells Fargo Housing Foundation. He said these are three-bedroom units with a single garage and will be some of the first properties to be transferred to the Community Land Trust.

Tom Newberger, Board President for RTFMA, said Red River Human Services Foundation owns the property to the north and he has no concerns about the rezoning and recommends approval.

Commissioner Strand said for the sake of disclosure, and to his knowledge it is not a financial conflict of interest, he serves on the Board of the Community Land Trust.

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 Proposed RTFMA 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 Proposed RTFMA Addition to the City of Fargo, Cass County, North Dakota 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.

Resolution Adopted Approving RTFMA 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 “RTFMA Addition” containing 2 Lots, 1 Block, and 0.17 acres of land more or less, located at 1326 16 ½ Street South; 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 August 26 and September 2, 2020 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., September 8, 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 “RTFMA 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 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 MBA Investments Addition Rezoned (1717 1st Avenue North; 112 and 202 16th Street North):
At a Hearing held on August 6, 2019 the Fargo Planning Commission recommended approval of a change in zoning from GC, General Commercial to LI, Limited Industrial.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Current Planning Coordinator Donald Kress said the zone change is on the westerly lot to LI, Limited Industrial with the rest remaining GC, General Commercial. There is a subdivision waiver for a drain setback, he said, when platting adjacent to a County drain, a 175 foot setback is required he said; however, this drain is underground. He said working with Southeast Cass Water Resources District and the City’s Engineering office, it was determined a 35-foot setback on either side of the drain would be appropriate.

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 Proposed MBA Investments 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 Proposed MBA Investments Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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.

Resolution Adopted Approving MBA Investments 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 “MBA Investments Addition” containing 3 Lots, 1 Block and 5.6 acres of land more or less, located at 1717 1st Avenue North; 112 and 202 16th Street North; and
WHEREAS, A Hearing was held August 6, 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 August 26 and September 2, 2020 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., September 8, 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 “MBA Investments 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 Preston, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Public Hearing Comment on the 2021 Preliminary Budget and Recommended Tax Levies:
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 be heard.
Arden Light, Fargo resident, said the budget for Fargo Cass Public Health salaries is decreasing and the overall Public Health budget is only increasing by .6 percent, while the Police Department’s budget is two times more than the Public Health Budget. He said although people wish COVID would go away in November or January, it is not going to and even if new infections would magically stop, long-term affects will not. While he understands the Police Department budget increases each year due to population growth and increased expenses, this is a health crisis not a crime crisis, he said.

Mayor Mahoney said he would be happy to discuss the concerns if Mr. Light would like to stop in the office sometime.

Mayor Mahoney closed the public hearing.

Resolution Approving the Reconstruction and Possible Expansion of the Fargo-Moorhead Community Theatre Building-Island Park Approved:
Ryan McCamy, Conmy Feste Attorneys and Attorney for the Fargo-Moorhead Community Theatre, said he requests approval from the Board for plans to reconstruct and possibly expand the footprint of the existing theatre building located at Island Park along 4th Street South. He said last December, due to heavy snowfall, the roof of the Fargo-Moorhead Community Theatre suffered catastrophic damage and during the process of looking at fixes and rebuilding, it was determined the time is right to look at expanding and modernizing the theatre. He said the theatre building was first located at Island Park as a result of an arrangement with the Fargo Park District in the mid-1960s and approval of the City was required at the time due to the park being initially dedicated to the City by the Northern Pacific Railroad for use as a park and a transfer of ownership by the City to the Park District recognized the same park purpose. He said with the continuation of the theatre and possible expansion, the approval of the Board is necessary once again. He said ultimately the approval is contingent upon the Park District’s and BNSF Railroad’s approval also being granted.

In response to a question from Commissioner Piepkorn about how the footprint will change, Mr. McCamy said the building will expand. He said the reason for additional land is that on the north side of the building there is a requirement that a fire access road be installed.

Commissioner Piepkorn said the theatre is a great asset to the community; however, there are a lot of trees and he is concerned about trees being lost and would like the City Forester to look at it. He is particularly concerned that there are very old oak trees that are not easily replaced, he stated.

Mr. McCamy said they have been in contact with the City Forester and the Park District on the issue of the trees. The estimate is that 7 to 12 trees would need to be taken out, he said, and only two are oak trees. There would be a plan in place to replace trees at a 3 to 1 ratio as well as following the City’s desire to diversify in light of Dutch Elm disease.

Mayor Mahoney said the trees were a concern of the Park Board as well.

Commissioner Strand said if the FMCT is looking for a temporary location, perhaps the Civic Center could be used.

Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, The Northern Pacific Railroad Company platted the "Town of Fargo" by instrument recorded in 1874, which plat included a dedication of certain real property as "Island Park" and contained a notation of "Public Park, solely;” and
WHEREAS, At a meeting of the Board of the City Council of the City of Fargo held on March 27, 1911, said board resolved to convey certain control and interest in "Island Park" to the Park District of the City of Fargo, said entity having been, at the time, recently established by ordinance of the City of Fargo pursuant to authority created by North Dakota State Statute; and
WHEREAS, The City of Fargo quitclaimed its interest in Island Park to the Park District of the City of Fargo, said deed recognizing that the conveyance was " ... subject to the reservation that the [premises] be used for Park purposes only ... ", said deed dated July 29, 1955 and recorded August 3, 1955 in Book 234 of Deeds,
page 238; and
WHEREAS, On September 1, 1964, the Board of City Commissioners unanimously approved a Resolution reciting that the construction of a new theatre at Island Park by the Fargo­Moorhead Theatre Corporation was in the public interest and approving the plan of the Fargo­Moorhead Theatre Corporation to build and construct said theatre, contingent upon a lease and agreement being entered into between said corporation and the Park Board; and
WHEREAS, The Fargo-Moorhead Community Theatre, a non-profit corporation, being the successor in interest to the Fargo-Moorhead Theatre Corporation, a non-profit corporation, in conjunction with necessary reconstruction following a roof collapse of the theatre due to snow load in 2019 causing the theatre to close, has requested to rebuild the current theatre, as well as additional land for an expansion of the Fargo-Moorhead Community Theatre building and other improvements lying in Island Park, the area of said land to increase from 30,401 square feet to 45,138 square feet; and
WHEREAS, The Fargo-Moorhead Community Theatre has requested the consent of the City of Fargo to said continued use of said portion, as well as the granting of the additional land for expansion, of Island Park by the Fargo-Moorhead Community Theatre and the board of city commissioners of the City of Fargo wish to grant such consent.
NOW,THEREFORE, BE IT HEREBY RESOLVED, That the plan of the
Fargo-Moorhead Community Theatre to reconstruct the current theatre, as well as expand the theatre land located in Island Park as so designated by the Board of Commissioners of the Park District of the City of Fargo is hereby approved and consent hereby granted, said approval and consent being contingent upon the approval of Burlington Northern and Sante Fe, the successor in interest to the Northern Pacific Railroad Company, and of the Board of Commissioners of the Park District of the City of Fargo.

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

Discussion on Clean-up Week Activities: Sole Source Procurement with Industrial Builders Approved:
City Administrator Bruce Grubb said Clean-up Week is typically the first full week in May; however, it was postponed due to the pandemic. When it was delayed this spring, it was anticipated the COVID-19 risk factor would decrease by fall and the scheduled Clean-up Week could start the week of September 14th, however, the risk of COVID-19 has not faded and leadership has worked to come up with a plan to conduct Clean-up Week while maintaining the health and security of staff. He said the conclusion was reached that the only way to have Clean-up Week was through the use of contractor assistance and to host it over a two-week period. Based on current trucking contracts associated with winter snow activities, he said, they would like to piggyback on that pricing and sole source any remaining costs with Industrial Builders to perform Clean-up Week beginning Monday, September 14, 2020.

Public Works Director of Operations Ben Dow said the plan is to pick-up during the two weeks of recycling routes. He said in the past, during one day of Clean-up Week, there are 5,000 stops done and the amount of material picked up and the amount of labor required is enormous. He said there is a lot of contracted trucking hired to help and the plan to accomplish it this fall is to use Industrial Builders for a two-week clean-up following the recycling routes starting with Week “A” on September 14th and Week “B” on September 21st, which will allow the workload to be spread out and allow City employees to contribute.

In response to a question from Commissioner Gehrig about the cost of doing this now versus on a regular year, Mr. Dow said a regular Clean-up Week is $121,000.00 to $130,000.00 above and beyond payroll and this year it is estimated at $398,496.00.

Commissioner Piepkorn said perhaps there is a potential for reimbursement due to the impact of COVID-19.

Mr. Dow said they would like residents to put items out beginning on the 14th and while things could sit there awhile, that would also allow pick-up to get ahead if the resources are available. He said if items are placed out starting on the 14th, it would avoid anyone getting missed.

Commissioner Piepkorn moved the Sole Source Procurement with Industrial Builders to assist with the 2020 Clean-up Week activities be approved as presented.

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

Discussion on Aerial Spraying:
Commissioner Strand said he has heard concerns about monarch butterfly migration and is aware in the past of slight modifications made to aerial spraying to address citizens’ concerns. He said mosquitoes and disease have to be managed and he would like the public to be aware of protocol and general procedures, as well as alternatives or options for insects such as butterflies in addition to public health issues for people, such as those with chemical sensitivities. He said the incident on August 27th when hundreds of butterflies died after overnight mosquito spraying in the Fargo area is a good moment to step up public awareness.

Public Works Director of Operations Ben Dow said this is a good opportunity to make the information available to residents. Cass County Vector Control was established in 2003 when there was a huge number of cases of West Nile across the country, he said. The program has been grown since that time, he said, and mosquito larvicide and pre-work prior to hatches has been beneficial.

Director of Cass County Vector Control Ben Prather said this last application followed massive rains and efforts to do as much larval control as possible. He said they cover 100 to 125 square miles of standing water in the region and at that stage adult control application was initiated via aircraft a week and a half prior. It happened to land on that day, he said, and he could not say if a day or two before or after would have been useful. He said nuisance thresholds for mosquito counts were excessive and the standard protocol was followed, with the application starting an hour to an hour and 15 minutes before sunset.

Mr. Dow said trap counts were high for a two-week period and it is difficult to find the right wind speed, humidity and temperature to allow an effective aerial spray. He said counts are done for the 21 traps around Fargo that are monitored which average 25-50 daily; however, at that time there were counts during the week of more than 900 females which was concerning. He said efforts to avoid pollinators include focusing activities after dusk when they are not active and now, after this incident when all the monarchs died, everything is being researched so it does not happen again. He said there is no dedicated flight pattern for those butterflies, it is more of a three-year rotation.

Mr. Prather said the specifics of the application in question are being looked at by many eyes including the chemical manufacturers, fellow applicators and specialists. He said he was challenged even by his own notion that potentially the butterflies were directly killed by the application, which was looked on sternly by some of his colleagues who did not believe that was the case given the dosages used. Many eyes are looking at this, he said, it is not just a Cass County issue. He said his challenge is to prove a negative and there are lessons to be learned. There are challenges to delaying an application during a migration which is primarily the key West Nile season here, he said, and in other years August is primarily a dry month. He said standing here to say a monarch will not be killed again is not a likely outcome, and while it should not happen again, there is no way to guarantee that.

Commissioner Strand said one idea is to have an opportunity for citizens to express their concerns and input for questions they have. He said while the public is told by the industry that there is not a harmful side effect, perhaps there could be.

Mr. Prather said the pesticide manufacturers are chemical companies who primarily look at mammalian toxicity and permethrin is the ingredient most widely used in mosquito control. He said it is also found in head lice treatment for infants, used on dogs for flea and tick treatment and is in most household aerosol sprays for ants. Extensive research has been done looking at actual dosages that are harmful, he said, and it has been tested extensively on mammals and this class of insecticides is recommended by the EPA and the CDC. The most safe class on the market today are synthetic pyrethroids, he said.

Mr. Dow said a discussion could be held in an open house for residents on the topic.

Appointments to the Human Relations Commission:
The Board received a communication from Mayor Mahoney recommending that Barry Nelson be reappointed to the Human Relations Commission and that Carolyn Becraft and Ahmed Shiil be appointed to replace Adam Martin and Rachel Hoffman, who have resigned their positions.

Commissioner Strand said he would like the community to be aware that there is a discussion unfolding to broaden the Human Relations Commission perhaps by adding a couple of members to more directly address some diversity issues in the community. He said that could happen as soon as the policies are reviewed and modified, possibly within a couple months.

Commissioner Strand moved Barry Nelson be reappointed and Carolyn Becraft and Ahmed Shiil be appointed to the Human Relations Commission for three-year terms ending July 1, 2023.

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

Moratorium to Issue No More than Five Permits for Outdoor Sound Amplifying Equipment Use Extended to September 30, 2021:
Commissioner Gehrig said at the June 29, 2020 meeting, the Board adopted a moratorium until the end of September and Jade Presents is now requesting that it be extended.

Carly Bishoff, VP and Operations Director for Jade Presents, said since the change allowing additional permits, there is still no clear direction as to when national touring will be reinstated so their 2020 events are being moved to 2021. She said they are also looking to add more programming. She said consumer confidence does not seem ready to support large-scale events yet so there are many challenges fitting artists into one calendar month.

Zach Click, Director of Operations for Fargo Brewing Company, said along with Jade Presents, they had many great shows planned for the community this summer and while the Board allowed changes that could transition to this fall, obviously nothing has opened up. He said he would like to see things moved down the road further and is hoping for some normalcy next summer.

Commissioner Gehrig said it could be extended six months or so and could come back to be re-evaluated for next summer.

Commissioner Piepkorn said it is unknown when things would be back to normal and there could be nothing changed in six months. He said these are for the outdoors so really the discussion is about next summer.

Ms. Bishoff said she would love it if Fargo were not missed when the artists are routing. She said she would prefer to book events and if not able to execute, a new date could be found. Now, she said, they are being held up due to not wanting to exceed the limit of permits set.

In response to a question from Commissioner Preston on how far in advance they book, Ms. Bishoff said that right now they are booking for next summer.
Commissioner Preston said it would make sense that the limit be lifted so they can book with confidence.

Mr. Click said most of the shows that were booked for this year are looking already for dates to reschedule next summer and hopefully additional shows can be booked.
Commissioner Preston said she had concerns about Downtown and the numerous venues for outdoor permits; however, the Downtown due to the fact that it is not residentially zoned is wide open anyway. She said she would suggest looking at that separately.

Commissioner Preston moved the Moratorium to Issue No More Than Five Permits for Outdoor Sound Amplifying Equipment Use be extended to September 30, 2021.

Second by Gehrig. On call of the roll Commissioners Preston, 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:
a. Zackary and Natalie Kollman, 3037 20th Street South (3 year).
b. Thomas and Keri Dusutter, 2220 25th Avenue South (5 year).
Commissioner Piepkorn moved the applications be approved.

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

At 6:11 p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Fargo Cass Public Health Directed to Implement an Engagement Center for Quarantine, Isolation Support and Coordinated Services for Individuals Needing Temporary Housing in Response to COVID-19 (Moved from the Consent Agenda):
The Board received a communication from Planning Director Nicole Crutchfield and the Director of Harm Reduction Programs Jan Eliassen regarding the temporary use of the former Downtown Police building for a COVID-19 quarantine isolation support and engagement center. They said in response to COVID-19, staff estimates an increased need for quarantine and isolation for people who may temporarily not have housing this fall and winter and in order to provide a coordinated response for community shelters, they are seeking the ability to set up a quarantine and isolation space at the former Police Department building. This activity will replace the previous State run shelter that Fargo Cass Public Heath helped coordinate, they said, and funding is allocated from the Red River Valley COVID-19 Task Force, State of North Dakota grant. The City Planning Department administers this portion of the funds; however, Fargo Cass Public Health staff will coordinate staffing and operation efforts, they stated. Based on the resources needed to support this activity, they said, they estimate that the Harms Reduction Department will coordinate amongst SE Human Services, Cass County Social Services and other partners to support a daytime drop-in center. This activity will serve as an engagement center to allow for service providers and community partners to support people who may not have housing or need additional assistance, they said, especially this winter or during the outbreak of the pandemic. It is thought that this will be a temporary location and will provide an opportunity to try new coordination with relatively low investment and risk, they said. It is supported as an initiative defined in the Downtown In-Focus Plan based on stakeholder and community input in 2018 and 2019, they said; however, due to the pandemic, the gaps that were identified in this plan have come to a heightened priority. More details about budget and resource needs will be further defined once staff and community partners have an ability to further understand space and service needs, they said, and it is estimated an allocation of $200,000.00 is needed to begin operations to include staffing and minor improvements in the building.

Director of Fargo Cass Public Health Desi Fleming said the State shelter was set up for COVID-19 response at an area hotel and now, while the State will continue funding, there has been work to find a location. She said this building, being City owned, would provide a structure to allow quarantine. Shelters are not set-up to allow much isolation space, she said, and this is an effort to help in planning. She said going into fall and the flu season with COVID-19 numbers ticking up, there may some issues with this. She said the State will help with the Mobile Outreach Program.

In response to a question from Mayor Mahoney about what services would be provided once set up, Harm Reduction Director Jan Eliassen said the services would depend on the relationships that can be built. She said she is confident that besides Public Health staff and SE Human Services, other supports necessary will come forward to help. She said having people in one setting is an opportunity to connect them to services and hopefully get them out of the situation. Other programs in the community are relied on heavily and she believes they will show up to help.

In response to a question from Commissioner Preston about staffing, Ms. Eliassen said there is a significant shortage for direct care workers everywhere. She said she has an amazing team who are able to adjust to challenges and while it puts strain on them, she believes there are things that can be done to attract applicants and move seasoned staff Downtown for supervision support for a COVID-19 program and additional Downtown area challenges. She said a target start date is November 1st; however, the sooner the better.

Commissioner Preston said moving forward seeing mental health and chemical dependency issues, it is important to make sure there is additional and sufficient support for staff as they deal with this.

In response to a question from Commissioner Gehrig asking how long the $200,000.00 will last and who is paying for it, Ms. Crutchfield said $3 million is dedicated to quarantine and isolation support from Red River Valley Task Force. She said right now about $200,000.00 will be earmarked to get set up and from there much will depend on how fast people can be hired and support obtained. She said since the City owns the building there will be a fairly low cost for minor clean-up. There are Community Development Block Grant (CDBG) dollars and potential access to the State’s Emergency Service Grants, altogether, when that money is added together, it is about $5 million.

Commissioner Gehrig said he would like this to come back before year-end since some of the money could dry up somewhere, and see how it will be paid for going forward if it is successful and how it will be funded.

In response to a question from Commissioner Strand about how the community has been looking at the creation of a Drop-in Center, now being called an Engagement Center, and could this be a long-term solution, Ms. Crutchfield said the Downtown In-Focus Plan called attention to the need and this can be a learning experience.

Commissioner Preston moved the Fargo Cass Public Health be directed to implement an Engagement Center for quarantine, isolation support and coordinated services for individuals needing temporary housing in response to COVID-19.

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

Resident Public Comments:
Faith Dixon, Clara Derby and Wes Philome spoke on homelessness, police relations and lack of progress in racial relations.

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, September 21, 2020.
Second by Strand. All the Commissioners voted aye and the motion was declared carried.

The time at adjournment was 6:40 o’clock p.m.