Far More is Happening Here

Fargo City Commission - April 19, 2021

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 4:00 o'clock p.m., Monday, April 19, 2021.
The Commissioners present or absent were as shown following:
Present: Gehrig, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

City Attorney Erik Johnson announced the City Commission will retire into Executive Session in the Red River Room to discuss strategy and provide negotiating instructions to its negotiator, the Mayor, regarding the Airport Authority’s proposed amendment to the January 14, 2020 MOU between the City and the Airport Authority, and regarding the recent proposal for transition submitted by the Airport Authority and terms for amendment of the MOU. He said the City Commission’s discussion of such matters, if held in public, would have an adverse fiscal effect on the City’s negotiating position with the Airport Authority. The City Commission will also discuss, in a closed portion of the meeting, the City’s public health and security plans, which plans themselves are exempt records (N.D.C.C. §44-04-25) and the portion of the meeting that would disclose such plans is also exempt from meeting requirements as otherwise required by N.D.C.C. §44-04-19 and Article XI, §5 of the North Dakota Constitution, all as provided in N.D.C.C. §44-04-26.

Commissioner Piepkorn moved that the City Commission meet in Executive Session to discuss strategy and provide negotiating instructions to its negotiator, the Mayor, as authorized pursuant to N.D.C.C. §44-04-19.1(9) and to discuss the City’s public health and security plans.

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

At 4:05 o’clock p.m. the Board moved to the Red River Room to discuss said matters in Executive Session.
Members present were: Gehrig, Piepkorn, Preston, Strand and Mahoney.

The Executive Session closed at 4:58 o’clock p.m. and the meeting reconvened in public session at 5:03 o’clock p.m.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved moving Item Nos. “9” and “16” from the Consent Agenda to the Regular Agenda.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Strand said the draft minutes of the April 5, 2021 meeting show action on the Emergency Declaration as being delayed; however, his understanding was that the motion was amended to separate out the Moratorium on take-out food and alcoholic beverages, thus the Emergency Declaration is terminated and action on the Take-out Moratorium and other Policies was delayed to today.

Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on April 5, 2021 be approved as amended.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.

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

1. 2nd reading and final adoption of an Ordinance Amending Section 01-0305, of Article 01-03 of Chapter 01 of the Fargo Municipal Code Relating to Classification of Ordinance Violations; 1st reading on 4/5/21.

2. Authorize the City Attorney to work with staff and others to draft an Anti-Bias/Hate Crime Ordinance.

3. Mutual Assignment and Termination Agreement with eSmart Systems US, Inc., Innowatts, Inc. and The Alliance Risk Group, LLC, and Master Services Agreement with Innowatts, Inc.

4. Agreement with Walker Consultants to develop a Facility Condition Appraisal and development of a 10-year budget for City parking facilities.

5. Site Authorizations for Games of Chance:
a. VFW Post 762 at VFW Club.
b. Fraser Ltd. at Golf Addiction.

6. Applications for Games of Chance:
a. El Zagal Provost Unit for a sports pool from 9/10/21 to 1/3/22.
b. Wienckowski Wolfpack Fundraiser Benefit for a raffle and raffle board on 5/20/21; Public Spirited Resolution.
c. Davies Young Guns for a raffle on 5/22/21.
d. New Life Center for a raffle on 9/28/21.
e. FM Walleyes Unlimited, Inc. for a raffle on 10/21/21.

7. Memorandum of Offer to Landowners for Permanent and Temporary Easements for the following Projects:
a. Jason and Onnolee Nordstrom (No. FM-19-E).
b. Park District of the City of Fargo (Project No. FM-19-F).
c. Dmitri S. Kilin and Svetlana V. Kilina (No. FM-19-E).
d. Bryan L. and Janice A. Randerson (Project No. FM-19-A).

8. Permanent Easement (Electric Switch and Associated Equipment) with Xcel Energy.

9. Installation of a 12-inch Xcel Energy gas main (moved to the Regular Agenda).

10. Bid awards to Strata Corporation in the amount of $262,497.50 for Project No. SL-21-A1; to NorthStar Safety, Inc. in the amount of $596,103.00 for Project No. TM-21-A1; and to Strata Corporation in the amount of $428,202.00 for Project No. TR-21-A1.

11. Request from the FARGODOME to apply for the State Homeland Security Grant Program and the Shuttered Venue Operators Grant.

12. Receive and file General Fund-Budget to Actual through March 2021 (unaudited).

13. Grant Award and Acceptance of the Coronavirus Emergency Supplemental Funding (CESF) Program for $11,761.00 and to designate the YWCA Cass Clay as the pass through grant recipient (CFDA #16.034).

14. Set May 3, 2021 at 5:15 p.m. as the date and time for a hearing on a dangerous building at 1648 8th Avenue South.

15. Change Order No. 1 for an increase of $10,258.00 for the temporary overflow shelter at 1015 30th Avenue South, Moorhead.

16. Lions Club project concept, acceptance and installation of the “Spirit of the Sandbagger” artwork, subject to the execution of the necessary agreements (moved to the Regular Agenda).

17. Bid award to All-Terrain Grounds Maintenance for the 2021 contractor re-mulching of medians and planting beds (RFP21074).

18. Bid award to Steffes Group, Inc. at 8% of gross sales for Professional Auction Services (RFP21049).

19. Wireless Equipment Lease termination with AT&T at Water Tower No. 1 (1102 7th Avenue North).

20. Contracts and bonds for Project Nos. SR-21-A1 and WA1910.

21. Bills in the amount of $6,392,901.52.

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

Negative Final Balancing Change Order No. 5 for Improvement District No. BR-20-C1 Approved:
Commissioner Piepkorn moved Negative Final Balancing Change Order No. 5 in the amount of -$36,425.93 for Improvement District No. BR-20-C1 be approved.

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

Phase 1 Scope and Fee for Engineering Services with Apex Engineering Group Approved (Improvement District No. BN-20-A2):
The Board received a communication from Transportation Division Engineer Jeremy Gorden stating at the April 5, 2021 City Commission meeting Apex Engineering Group was approved to complete the Construction Engineering for the street construction project on North University Drive from 32nd Avenue to 40th Avenue North. He said as part of using Federal Highway Funds for engineering and architecture, cost cannot be part of the selection process so that approval was for firm selection and approving a dollar amount. He said following the NDDOT process, once a selection is confirmed, the firm being awarded could then prepare a Scope and Fee for Phase 1 of the work.

Commissioner Piepkorn moved Phase 1 Scope and Fee for engineering services with Apex Engineering Group in the amount of $37,968.22 for Improvement District No. BN-20-A2 be approved.

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

Alley Paving Improvement District No. AN-20-C (3rd Avenue North to 4th Avenue North between 11th and 12th Street North):
Commissioner Piepkorn moved the following action be taken in connection with Alley Paving Improvement District No. AN-20-C:

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

From 3rd Avenue to 4th Avenue North between 11th Street and 12th Street North.

COMPRISING:
East 45 feet of Lots 1, 2, 5 and 6, Block 36.
Lots 3, 4, and 7 through 12, Block 36.
All in Robert’s Second Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Alley Paving Improvement District No. AN-20-C in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost from the City Engineer for Improvement District No. AN-20-C:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. AN-20-C 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 $81,033.00.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. AN-20-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. AN-20-C in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. AN-20-C 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 Alley Paving 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 Alley Paving Improvement District No. AN-20-C 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 Alley Paving must be in writing and must be filed with the City Auditor's Office within 30 days after first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

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

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

New Paving and Utility Construction Improvement District No. BN-21-J (Golden Valley Fifth Addition):
Commissioner Piepkorn moved the following action be taken in connection with New Paving and Utility Construction Improvement District No. BN-21-J:

Adopt Resolution Creating Improvement District No. BN-21-J:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BN-21-J in the City of Fargo, North Dakota, be created

This project is for new construction of underground utilities, asphalt pavement, site grading and incidentals on 69th Avenue South from Golden Valley Parkway South to 26th Street South.

To be platted in Golden Valley 5th Addition.

COMPRISING:
Lots 1 through 5, inclusive, Block 4 (to be replatted as Golden Valley Fifth Addition).

All platted within Golden Valley Second Addition.

Lots 7 through 10, inclusive, Block 1.
Lot 11, Inclusive, Block 1 (to be replatted as Golden Valley Fifth Addition)
Lots 1 through 2, inclusive, Block 2 (to be replatted as Golden Valley Fifth Addition)

All platted within Golden Valley Third Addition.

The unplatted land in the northeast quarter of Section 11, T138N, R49W lying north of the platted lots in Golden Valley Addition, south of 67th Avenue South and east of Cass County Drain 53, west of the platted lots in Golden Valley 2nd and 3rd Additions.

(A portion to be platted as Golden Valley Fifth Addition)

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

NOW, THEREFORE, BE IT RESOLVED, That New Paving and Utility Construction Improvement District No. BN-21-J 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-21-J:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-21-J 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 $522,868.09.)

Order Plans and Specifications for Improvement District No. BN-21-J:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BN-21-J in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-21-J:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-21-J 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-21-J 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 New Paving and Utility Construction 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 New Paving and Utility Construction Improvement District No. BN-21-J 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 New Paving and Utility Construction Improvement District No. BN-21-J is to be paid from State and Local Funds, and approximately 84% 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 New Paving and Utility Construction 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-21-J:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BN-21-J in the City of Fargo, North Dakota.

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

City of Fargo Concurs with NDDOT for Bid Award of Improvement District No. BN-20-A1:
The Board received a communication from Assistant City Engineer Tom Knakmuhs stating bids were opened by the NDDOT on April 9, 2021 for the University Drive North project from 32nd Avenue North to 40th Avenue North. Special assessments are associated with this project, he said, and no protests have been received; therefore, protests should be declared insufficient. He said the low bid was from Dakota Underground Company in the amount of $6,382,673.05.

Commissioner Piepkorn moved to declare protests to be insufficient and to concur with the low bid and recommend the NDDOT award the low bid to Dakota Underground Company.

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

Bids Awarded for Riverwood Flood Risk Management Project No. FM-19-A1:
The Board received a communication from Assistant City Engineer Tom Knakmuhs stating as a result of the bids received, the apparent low bid is a combination of the General Construction bid submitted by Sellin Brothers, Inc. in the amount of $2,855,927.00 and the Electrical Construction bid submitted by Rick Electric, Inc. in the amount of $28,200.00. He said the total of these two bids are $2,844,127.00 which is less than the lowest combined bid submitted by Sellin Brothers, Inc. in the amount of $2,913,427.00. He said for proper accounting and administration of the General Construction and Electrical Construction contracts, it is necessary to assign new phase numbers to the Riverwood Flood Risk Management Project, the new phase numbers replace Project, No. FM-19-A1, which is the phase the bids were received under. The new phases for the General Construction Contract and Electrical Construction Contract shall be known as Project No. FM-19-A3 and FM-19-A4 respectively, he said.

Commissioner Piepkorn moved to award the General Construction Contract for Riverwood Flood Risk Management Project No. FM-19-A3 to Sellin Brothers, Inc. in the amount of $2,855,927.00 and Electrical Construction Contract for Riverwood Flood Risk Management Project No. FM-19-A4 to Rick Electric, Inc. in the amount of $28,200.00.

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

Contract for Paving and Utility Rehab/Reconstruction Improvement District No. BR-21-E1 Approved:
Commissioner Piepkorn moved the Contract between the City of Fargo and Master Construction Company, Inc. for Paving and Utility Rehab/Reconstruction Improvement District No. BR-21-E1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for Paving and Utility Rehab/Reconstruction Improvement District No. BR-21-E1 Approved:
Commissioner Piepkorn moved the following described Contract Bond be approved as to sufficiency:
Lexon Insurance Company, in the amount of $870,890.85 for Paving and Utility Rehab/Reconstruction Improvement District No. BR-21-E1 in the City of Fargo, North Dakota.

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

Residents Comments:
Mayor Mahoney shared rules for the resident comment period. He said the Commissioners carry City cell phones and have email addresses so citizens can easily reach or converse with them.

Jack Shaw spoke on parking and lack of enforcement; Kay Schwarzwalter, Wess Philome, Ashley Aus, Branden Krieger, Kathryn Fink, Arden Light, Conrad Larson and Faith Dixon spoke on racism, discrimination and hatred, racial profiling, police reform, transphobia and transgender rights, the need for a bias-crime Ordinance and police oversight.

Discussion Regarding Resident Comment Opportunities:
Mayor Mahoney said having the Public Resident Comment Period on the agenda gives residents an opportunity to speak. He said if debate were allowed it would create a long meeting and the business of the City would not be done. He said one of the rules is that the Board is not able to respond so a question is whether to allow discussion or take the dialogue to the Human Relations Commission, for example. What is the most fair way to handle a large number of people who want to speak in a limited period, he asked.

Commissioner Preston said the issue is not response, it would be appropriate to cut off presentations that attack or are obscene. She said criticism of the Board or their actions is appropriate; however, attacks on lifestyle or belief systems do not need to be tolerated.
Commissioner Strand said while one rule is that there is to be no applause; he feels it appropriate to applaud those attending and who shared comments.

Mayor Mahoney said he wants this to be a loving community and wants people to come here for a safe place to live, raise their families and to work. It is still somewhat in transition for police reform, he said; however, work is being done for a new system looking at tickets and demographics and there is still talk on establishing an Oversight Committee.

Hearing on a Dangerous Building Located at 1343 2nd Avenue South Continued to May 17, 2021:
A Hearing had been set for this day and hour on a dangerous building located at 1343 2nd Avenue South; however, staff is recommending that the Hearing be continued to 5:15 o’clock p.m. on Monday, May 17, 2021.

Inspections Administrator Bruce Taralson said the case came to the Inspections Department in February as a complaint from Xcel Energy as having a dangerous situation. A decision was made that no one could live in the house, he said, and it was secured allowing tenants time to retrieve belongings. Research showed the owner passed away a year prior and it appeared no one was taking responsibility for the house, he said. The house had to be secured three times due to squatters breaking in the house, he said, and police records showed 30 calls for service in the past year for this house. Likely tens of thousands of dollars of City resources have been spent on this house alone, he stated.

Jason Henderson, Attorney for Lakeview Loan Services, (via conference call) said he would respectfully ask the City Commission to wait until May 17, 2021 to make a decision. He said his client has placed steel barriers on windows and doors and is securing bids researching whether the house is repairable or not. He said there are unusual occurrences on the property with the owner passing away at about the same time as the COVID-19 pandemic hit and the client believed it was a lawfully occupied property. The property is backed by HUD, which put occupied foreclosures on hold since March 2020, which is why his client is late to the game, he said, and they are now taking the proper steps. He said his client and the City are in agreement that they do not want a dangerous property and he would ask for four weeks to work closely with the Inspections Department to get this resolved.

Commissioner Strand pointed out that the owner of the property, Jeremy Kelly, was a person who went to people’s houses and helped how he could to save lives and help find resources. He succumbed to his own circumstances, he said, and perhaps this house could continue, as Mr. Kelly was very proud of it.

Commissioner Strand moved the Hearing be continued to 5:15 o’clock p.m. on Monday, May 17, 2021.

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

Parcels of Land in Reeves Addition Rezoned and Planned Unit Development Master Land Use Plan Approved (1612, 1620, 1624, 1630, 1632, 1666 and 1702 1st Avenue North):
At a Hearing held on March 2, 2021 the Fargo Planning Commission recommended approval of an application requesting a Zoning Change from LI, Limited Industrial, GC, General Commercial and GC, General Commercial with a C-O, Conditional Overlay to GC, General Commercial with a PUD, Planned Unit Development Overlay and a request to repeal the C-O, Planned Unit Development Master Plan.
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 this is also known as Brewhalla Addition. A separate plat to the project is under review and will come to the Board as a minor plat in the near future, he said.

Commissioner Piepkorn 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, the PUD, Planned Unit Development Overlay and Planned Unit Development Master Land Use Plan 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 Piepkorn, Gehrig, Strand, Preston 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 Reeves Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Piepkorn 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 Reeves Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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.

Hearing on an Application for a Zoning Change for Covey Ranch First Addition Continued to May 3, 2021 (6688 45th Street South):
A Hearing had been set for this day and hour on an application to consider a change in zoning from AG, Agricultural to P/I, Public and Institutional on Covey Ranch First Addition; however, staff has requested the Hearing be continued to May 3, 2021.

Commissioner Strand moved the Hearing be continued to 5:15 o’clock p.m. on Monday, May 3, 2021.

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

Parcels of Land in Madelyn’s Meadows Fourth Addition Rezoned (7269 25th Street South):
At a Hearing held on October 6, 2020 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to SR-4,
Single-Dwelling Residential and MR-1, Multi-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 development is largely single-dwelling lots. He said there is a public park to be owned by the Park District, a lot zoned for lower density multi-dwelling development and a lot to be conveyed to the Southeast Cass Water Resource District as a drain buffer lot.

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 Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Preston, Piepkorn, Strand, Gehrig 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 Madelyn’s Meadows Fourth 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 Madelyn’s Meadows Fourth Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Madelyn’s Meadows Fourth Addition:
Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Madelyn’s Meadows Fourth Addition” containing 118 Lots, 7 Blocks and 36.84 acres of land more or less, located at 7269 25th Street South; and
WHEREAS, A Hearing was held October 6, 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 April 7 and 14, 2021 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., April 19, 2021 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 “Madelyn’s Meadows Fourth Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Parcels of Land in Asleson Farms Fourth Addition Rezoned (3523 and 3575 41st Street South):
At a Hearing held on February 2, 2021 the Fargo Planning Commission recommended approval of a change in zoning from MR-2, Multi-Dwelling Residential to LC, Limited Commercial.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Current Planning Coordinator Donald Kress said this is to reconfigure two existing lots and rezone one lot for a local dance company to build a new dance studio.

Second by Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Preston, 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 a Certain Parcel of Land Lying in Asleson Farms Fourth 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 Asleson Farms Fourth Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Asleson Farms Fourth 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 “Asleson Farms Fourth Addition” containing 2 Lots, 1 Block and 3.77 acres of land more or less, located at 3523 and 3575 41st Street South; and
WHEREAS, A Hearing was held February 2, 2021 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on April 7 and 14, 2021 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., April 19, 2021 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 “Asleson Farms Fourth Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Renaissance Zone Project for HighRoad Properties LLC Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for HighRoad Properties LLC at 209 and 211 Northern Pacific Avenue North.
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.
Planning Director Nicole Crutchfield said this is a $2 million investment in an existing building to overhaul it with offices on the first floor and a condominium on the second floor. She said the Renaissance Zone Project application presented by HighRoad Properties LLC meets all of the minimum criteria set forth in the Renaissance Zone Plan and is consistent with the established goals and objectives.

Commissioner Piepkorn moved the Renaissance Zone application filed by HighRoad Properties LLC for a project located at 209 and 211 Northern Pacific Avenue North be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority.

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

Fargo Cass Public Health COVID-19 Update:
Fargo Cass Public Health (FCPH) Director of Health Protection and Promotion Larry Anenson (via conference call) said there are 355 active cases in Cass County and the 14-day rolling average positivity rate is at 6.87 percent in Cass County and 4.73 percent in the State. He said 35 individuals are hospitalized in the State and deaths in Cass County remain at 200. Testing numbers remain steady, he said, and entities needing testing are encouraged to reach out to FCPH for assistance, he said. Over 130,000 vaccinations have been given in Cass County representing a 54.1 percent first dose coverage rate and a 43.9 percent full coverage rate. He said beginning the week of April 26th, FCPH will administer COVID-19 vaccines from the main location at 1240 25th Street South. People are encouraged to take the vaccine when they can to achieve a higher level of immunity and get closer to a new normal, he said.

Continuation of Certain Emergency Policy or Policies Beyond Termination of City of Fargo COVID-19 Related “State of Emergency” Order Approved:
Mayor Mahoney said there was concerns about whether the emergency shelters would go away without an Emergency Declaration; however, it was found that the Ordinance which goes until year-end is not dependent up the Declaration.

City Attorney Erik Johnson said besides addressing the Take-out Moratorium, there is a need to address the emergency procurement policies so they remain in place related to COVID-19. He said if the State of Emergency were terminated, a Resolution would allow emergency procurement measures to be used when related to COVID-19.

In response to a question from Commissioner Gehrig asking whether there is an end date, Mr. Johnson said as drafted, it would be terminated when the Board decides to end it.

Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The Board of City Commissioners finds that although the
COVID-19 pandemic continues to be a significant public health emergency that is substantially affecting the lives of people in the City and throughout the world and, in that sense there remains in existence a public health emergency; however, the Board finds that the current status of this health emergency is such that the specified powers enumerated in said Section 10-0318 need not be implemented by the Mayor in an emergency basis and, therefore, the Board finds that it is appropriate that the formal Mayoral order and proclamation of March 16, 2020, as extended by the Board, be terminated; and
WHEREAS, The Board of City Commissioners recognizes that certain City policies are in place that become operative only when a declared "state of emergency" exists and those policies typically depend upon the issuance of a Mayoral Order or Proclamation, sometimes followed by approval and extension by the Board; and,
WHEREAS, It is the desire of the Board of City Commissioners that certain policies that the City customarily utilizes during states of emergency continue to remain in place and fully operative throughout the COVID-19 public health emergency.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
1. That although a State of Emergency proclamation and order approved by the Board of City Commissioners initially on April 6, 2020, has, or will be, terminated at or about the date hereof, with respect to the following established policies of the City of Fargo, said policies shall remain in full force and effect as described below until terminated as set forth below:
A. EMERGENCY PROCUREMENT POLICY (for reference, a copy attached as Exhibit "A"). To the extent that procurement of any goods or services using such Emergency Procurement Policy was initiated prior to said date of termination because the procurement was rendered necessary by, or was related to, COVID-19 matters and the fulfillment of the goods and services that was procured using said emergency procurement procedures will continue after the date hereof, then the authority for procurement thereof shall be deemed to be continuing and in full force and effect as though said "state of emergency" described above had not been terminated.
2. Said extended policies shall continue, without interruption from their initial effective date, until the same is terminated by motion or resolution of the Board of City Commissioners. WHEREAS, The Mayor declared a state of emergency as a result of the COVID-19 pandemic, by order and proclamation on March 16, 2020, which order was extended on April 6, 2020, by the Board of City Commissioners in accordance with Fargo Municipal Code §10-0318 "until such time as the emergency conditions no longer exist or is otherwise terminated by the Board of City Commissioners of the City of Fargo."

Second by Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Strand, Piepkorn, Preston and Mahoney voted aye.
Commissioner Gehrig voted nay.
The Resolution was adopted.

Take-out Moratorium Terminated:
Commissioner Piepkorn said his thinking for the temporary policy allowing retail sale, curbside pick-up or delivery of alcoholic beverages when sold in conjunction with a meal was that due to COVID-19, business hours were restricted and the Take-out Moratorium was enacted to help businesses. He said now, even though not back to 100 percent, restrictions are ended and he feels it best to end it due to it being tied to the Emergency Declaration.

Commissioner Preston said this is for off-sale and she could see the potential for open container problems happening and she would be against continuing the moratorium. She said there is not a restriction on the number of drinks that could be purchased as take-out. It takes away from off-sale, she said; however, if a business is doing off-sale they should have an off-sale license.
Commissioner Gehrig said people like the policy and there were no problems because of it. He said business models change and he feels the Board needs to let the free market work. If there is a problem in the future, it can be addressed, he said. It is not the job of the Board to protect certain industries and block adults from doing things they are otherwise allowed to do.

Commissioner Strand said he has heard from the industry that they would like to see it continue. He said this solves some problems, the pandemic is not over and some restaurants have an uncertain future and perhaps it would help to have more time and get more business.

Police Chief David Zibolski said his staff has not had any issues with the functioning of the moratorium.

Mr. Johnson said this is a moratorium which is permitted to temporarily suspend enforcement for a special reason. He said it does have to terminate at some point, or it could be appropriate to make it a law

Commissioner Strand moved the temporary policy allowing retail sale, curbside pick-up or delivery of alcoholic beverages be extended for six months.

Second by Gehrig. On call of the roll Commissioners Strand and Gehrig voted aye
Commissioners Preston, Piepkorn and Mahoney voted nay.
The motion failed for the lack of a majority.

Resolution Directing the Issuance of $37,310,000.00 Refunding Improvement Bonds, Series 2021A and Prescribing the Terms and Covenants Therefor; and Resolution Selling, Establishing Terms and Directing Issuance of Definitive Improvement Warrants on the Funds of Certain Improvement Districts, and Providing for and Appropriating Special Assessments for the Support and Maintenance of Said Funds Adopted:
Finance Director Kent Costin that the City will be issuing Refunding Improvement Bonds, basically special assessment bonds today. He said the Series 2021A is new money bond issued to reimburse the City’s Capital Project Fund for completed projects from the 2020 CIP. He said special assessments that will be levied in 2021 with first collections in 2022 would be pledged to repay this issue. He said it was a strong sale and the results were very favorable.

Terri Heaton, Baker Tilly (via conference call), said the bonds were offered today on behalf of the City to pay for infrastructure and five bids representing seven financial institutions were received with the lowest coming from the Bank of North Dakota Merrill Lynch for a 25-year bond at the lowest rate in the City’s history, 1.85 percent and nearly a half percent below the estimate. She said there is a premium bid, meaning they pay more than the price of bonds so the new bond issue size in the Resolution is $37,310,000.00.
In response to a question from Commissioner Gehrig about the City’s Moody’s rating of AA2, Ms. Heaton said the rating changed from AA1 to AA2 in October of 2020 and it had to do with debt level and economy. She said there was positive news due to American Rescue, the CARES Act money and decisions related to the FM Diversion project being funded elsewhere so there could be a situation where they could look at bringing it back to AA1.

Commissioner Gehrig said that is cautionary, the rate went down due to debt. Loans are taken out for infrastructure and paid back over time, he said, and special assessments need to end and in the interim, dramatically reduced. This could be done by using Prairie Dog Funds and other funds the state and federal government offer, he said, rather than spending more and more on pet projects.

Commissioner Piepkorn said the people who pay the special assessment tax are the people who are using infrastructure they benefit from. He said the Moody’s rating might benefit from what he sees of Fargo becoming a boomtown, having more than 7,000 jobs coming over six years due to the FM Diversion project. He said wages and benefits would be increasing, Fargo is a great place to live and it is going to be greater.

Mr. Costin said the City took on around $100 million worth of debt to get the home buyouts started and get levies constructed; however, the Diversion will be paying off all that debt on the City’s balance sheet. He said when the Diversion started the City received a $100 million loan from Wells Fargo at very cheap financing to bridge the gap and that obligation will also be taken off. Compared to when the rating was downgraded, the debt profile will improve, the economy has improved and even the pension funds have improved dramatically. He said this is brand new financing, not a refinancing transaction, and the City charges the interest cost of the bond, the 1.85% plus .75%. The markup is allowed by State law as a cushion for financial uncertainty, he said.

Commissioner Gehrig said the people’s percentage rate cannot be reduced, which is another reason it is not a great system. An Engineering fee of up to 30 percent can be charged, he said which could allow the City to line its pockets and put that money elsewhere. He said he feels it is a bad system.

Commissioner Piepkorn moved the Resolutions titled “Resolution Directing the Issuance of $37,310,000.00 Refunding Improvement Bonds, Series 2021A and Prescribing the Terms and Covenants Therefor;” and “Resolution Selling, Establishing Terms and Directing Issuance of Definitive Improvement Warrants on the Funds of Certain Improvement Districts, and Providing for and Appropriating Special Assessments for the Support and Maintenance of Said Funds” and referred to as Attachments “A” and “B” be adopted and attached hereto.

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

At 6:28 p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Lions Club Project “Spirit of the Sandbagger” Artwork Approved (Moved from the Consent Agenda):
The Board received a communication from Planning Director Nicole Crutchfield stating that as part of the Lions Clubs 100th celebration and through discussions with the Mayor and community members, the Lions Club developed a project celebrating the spirit, determination and success of the City’s residents in fighting Red River floods. She said the Lions Club recently sought proposals through an Open Call for Artists for the creation of a sculptural arch or similar structure to span two existing stone-clad monument pillars located at the riverfront gateway plaza on the northeast corner of the 1st Avenue North and 2nd Street North. She said at the January 20, 2021 Arts and Culture Commission meeting, Jane Pettinger with the Fargo Lions Club presented their project “Spirit of the Sandbagger” and the Commission approved the concept; however, sought more details of the project once it was developed. On April 7, 2021, a model of the project was available for the Arts and Culture Commission members to review and provide feedback. The Lions Club has a desired timeline for the project based on important milestones to their organization and the item is being brought forward to the Board as the decision making body for approving installation of projects on public property and for accepting gifts.

Lions Club member and former Mayor Bruce Furness shared experiences he has had with flood events and how flood fights have been won with the help of sandbaggers from all different places. He shared a model of a piece of art recognizing all the people who worked frantically to fill sandbags and save the City in 1997. He said the Lions Club is providing a gift to the City to display and recognize the sandbaggers and thousands of people who saved the City.

Ms. Pettinger said the model is 1/12 scale and when completed it will be 28 feet long, 2 feet deep and over 6 feet in height if it were on the ground; however, it will be mounted on existing pillars in Riverside Gardens east of City Hall and it will be 17 1/2 feet at its apex. She said besides the 1997 flooding Mr. Furness mention, the City prepared for flooding in 2001, 2006, 2009, 2010, 2011, 2013, 2019 and as recently as 2020. She said between the floodwalls and the Diversion, sandbagging is something that may not happen much, so it is important to remember and recognize how this community comes together and stands up to protect each other when any kind of crisis arises. She said there are a number of major contributors; however, funding is not complete. Now it will be taken public, she said, since it is a monument about community, the community needs to be able to participate in making it happen. She said contributions could be made through the FM Area Foundation. She introduced Lions Club members Sue Anderson and Mike Benson, also in attendance, who she said have been instrumental for this project.

Commissioner Piepkorn moved the Lions Club project concept, art and permit installation of the artwork be approved and the City Attorney, City staff and the Lions Club be delegated to draft agreements for the purposes of preserving the public interest for execution by the Mayor.

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

Fiscal Year 2022 Federal Funding Opportunities for City-related Projects Approved:
City Administrator Bruce Grubb said U.S. Congressman Kelly Armstrong’s office released a submittal form seeking submissions for Member-Directed Funding for Community Project Funding (CPF) and Surface Transportation projects for fiscal year 2022. He said Congressman Armstrong has been requested to prepare prioritized lists of ten CPFs and five Surface Transportation projects from the State of North Dakota. He said due to the compressed timeline for project submittals, internal staff meetings were held to identify potential projects that fit eligibility requirements. He said potential CPF projects identified included: High Rise demolition and supportive housing program, $17-$30 million; Mid-America Steel demolition, $2.8 million; Housing Stabilization Plan, $18 million; West Side Sanitary Interceptor Sewer, $19 million; and Wastewater Treatment Plant Bid Alternates, $7-$15 million. Surface Transportation projects include: 12th Avenue North Bridge into Minnesota, $16 million; 40th Avenue South Pedestrian Bridge, $4 million; Southwest Transit Hub, $2.5 million and 19th Avenue North and 45th Street Grade Separation, $30 million. After further discussion, staff determined that two projects should be submitted to Congressman Armstrong for consideration of funding: the High Rise Demolition and Supportive Housing Program and the 12th Avenue North Bridge into Minnesota. He said noon today was the deadline to notify Congressman Armstrong’s office; however, they extended it so it could be discussed at this meeting.

In response to a question from Commissioner Piepkorn about the funding of the 12th Avenue North Bridge into Minnesota, City Engineer Brenda Derrig said if that project is selected, there is not a plan now on how that estimated $3 million local share would be programmed with Minnesota. She said that bridge goes under at a flood reaching 28 feet, structural issues have not been seen; however, closing it as frequently as it has been does cause issues. She said they would look at getting it above 37 feet through town elevation, and then it would not have to close in the event of a flood.

Mayor Mahoney said when it was a toll bridge there were 1,500 cars crossing over daily and now 11,000 cars go over it so there is no reason Minnesota would not agree.

In response to a question from Commissioner Strand asking what consideration was given to making the North Broadway Bridge the application rather than the 12th Avenue North Bridge that is functional, Ms. Derrig said a consultant is evaluating the North Broadway Bridge now. Before determining the right path forward, she said, is the need to look at geotechnical stability on the North Dakota side to be sure the movement can be stopped. She said there is a fault in that roadway and that project was not chosen due to still evaluating whether it is a reconstruct, rehabilitation, a complete reconstruction or whether to even continue to have it. She said the traffic count on that bridge was far less.

Commissioner Piepkorn said that is a critical bridge and he would like to eliminate the option of not rebuilding it.

In response to a question from Commissioner Preston asking whether there would be any issues with the 12th Avenue Bridge being higher, Ms. Derrig said there is a little conflict with the parking lot for the baseball stadium on the south as far as the touchdown points; however, in the Moorhead side it is green space on either side.

Commissioner Piepkorn moved the fiscal year 2022 Federal funding opportunities for City-related projects be approved as presented.

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

Mr. Grubb shared information on the American Rescue Plan Act, the American Jobs Plan and the impacts the funds will have for North Dakota. He said the City of Fargo is scheduled to receive $19.57 million and Cass County will receive $35.28 million in two distributions, which must be used by December 31, 2021. It can be used to cover lost revenue in providing government services, for water, sewer and broadband infrastructure, premium pay for essential workers and for assistance to households, small businesses, non-profits and industries impacted by COVID-19, he said, and the American Jobs Plan also focuses on infrastructure.

Commissioner Strand said he has concerns about how our country will pay for all of this. He said he does not know with the path the country is on, how things will look later.

Mayor Mahoney asked the Commissioners to look at the proposed plan and think realistically about where to put the money and where it will make the most impact.

In response to a question from Commissioner Gehrig asking whether funds could be used to pay off loans such as the Water Treatment Plant or Regional Water Reclamation Facility expansions, Mr. Grubb said he is researching that.

Construction Update:
City Engineer Brenda Derrig said construction status information is available on social media sites such as Twitter and Facebook, as well as FargoStreets.com. She said projects that have started are: 64th Avenue South overpass, 38th Street, 7th Avenue North, Laverne’s Addition-Phase 2, 44th Avenue North, SW Metro Regional Pond and North Side Flood Risk Management. In the next week, she said, projects that will start include citywide sidewalk construction, citywide asphalt crack fill, University Drive North Street Reconstruction on 32nd Avenue North to 40th Avenue North, Elm Street North asphalt mill and overlay, 21st Avenue South street and utility reconstruction and Valley View Estates new development.

Installation of a 12-inch Gas Line by Xcel Energy Approved (Moved from the Consent Agenda):
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) stating they reviewed a communication from Division Engineer Kevin Gorder regarding a 4.5-mile Xcel project which has 2 miles inside the City of Fargo. They said the project is for the placement of a 12-inch gas main starting at 7th Avenue North and 9th Street in West Fargo and ending at 45th Street and 3rd Avenue South in Fargo to be constructed this year. Xcel has been working with staff to identify a corridor for this infrastructure, they said, and last fall temporary liquid natural gas equipment was installed in the City right-of-way south of 52nd Avenue South near 45th Street to support the demand last winter. They said this new gas line would provide a permanent fix to increase gas supply and meet the demand in south Fargo.

Xcel Energy Principal Manager Tony Grindberg said this is about growth and the $25-$30 million project will expand Xcel’s capacity to keep gas pressure and service growth in the southern part of town. He said the project provides 4.5 miles of new natural gas line, 2 miles in Fargo, and 2.5 miles in West Fargo with one regulator station. He said Xcel has committed to a carbon-free vision by 2050.

Xcel Project Engineer Todd Hummel shared the project route. There may be potential traffic impacts, closures or driveway/sidewalk closures; however, they will work to minimize them, provide detour routes and provide a safe environment. Tree impacts will be minimized and if replacement is necessary, trees will replaced with similar types, he said. Anything disturbed by the product will be restored, he stated. There is a large number of resources available for the public; he said, including an email, hotline and mailers to update those in the project area.

Commissioner Piepkorn moved the installation of a 12-inch gas line by Xcel Energy be approved.

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

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Mark and Nancy Wolfe, 3113 26th Avenue South (3 year).
b. Debra Emo, 1620 34 1/2 Avenue South (3 year).
c. Jean Anderson, 420 6th Avenue South, Unit 207 (5 year).
d. Darin Lang and Katrina Turman, 2543 East Country Club Drive South (5 year).
e. Tim Flakoll, 1350 2nd Street North (5 year).
f. Brandyn and Kimberly Sauer, 1313 17th Street South (5 year).
g. Mark and Kathleen Causapin, 615 10th Avenue South (5 year).
h. John and Andrea Larson, 614 19th Avenue South (5 year).

Commissioner Piepkorn moved the applications be approved.

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

Discussion Regarding Permitting Laws and Public Gatherings: Appropriate Staff Directed to Work with the City Attorney’s Office to Develop an Appropriate Ordinance:
Commissioner Gehrig said the City has permit requirements and laws about gathering in public which range from parades Downtown to local block parties. The law is not uniformly enforced, he said, and options would be to enforce laws as written, update the laws or eliminate them. In his opinion, he said, the laws need to be updated. He has visited with the City Attorney and Police Chief regarding the deficiencies and updating them, he said.

City Attorney Erik Johnson said current Ordinances address parades with a comprehensive set of rules pertaining to Downtown for the use of sidewalks, entertainers, festivals and the like; however, there is nothing as elaborate for the rest of the City. He said a few years ago, there was progress to homogenize the application process for the different kinds of events in the City, and that could be resurrected to have some kind of program in a few months. The key is for the departments involved to have an opportunity to weigh in, he stated. It could address things such as a block party, is it large or small, is there amplified sound, are street closures needed or is it on private property, is traffic control or safety and security needed, clean up needs afterwards, is there food, are there tents, a need for portable restrooms, is insurance required, etc., he said. If agreeable, he said, the Board could direct staff to work together to develop a program and authorize the City Attorney’s office to develop the appropriate Ordinance.

Mayor Mahoney said this comes up often. He said marches are often spontaneous and they do not always acquire a permit. He said liability insurance is rarely needed or used; however, it makes sense for a parade where there are big tractors and things that could cause injury, peaceful marches have not had those issues. It is a good idea to relook at the laws and make them more appropriate, he said.

In response to a question from Commissioner Preston asking whether a fee is associated with a permit, Mr. Johnson said that would be a decision to be made.

Commissioner Preston said a fee could be restrictive to freedom of speech.

Commissioner Gehrig moved to direct appropriate staff to work with the City Attorney’s office to develop an appropriate Ordinance regarding Permitting Laws and Public Gatherings.

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

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, May 3, 2021.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:30 o’clock p.m.