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Board of City Commissioners - December 13, 2021

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 4:45 o'clock p.m., Monday, December 13, 2021.
The Commissioners present or absent were as shown following:
Present: Gehrig, Piepkorn, Preston, Mahoney.
Absent: Strand.
Mayor Mahoney presiding.
City Attorney Erik Johnson announced that the Board will retire into Executive Session in the Red River Room to discuss negotiating strategy and/or to provide negotiating instructions to the City’s attorneys or other negotiator and to consult with the City’s attorneys regarding existing civil litigation between the City and Purdue Pharma. L.P. et al; said matter being authorized by North Dakota Century Code 44-04-19.1 subsections 2 and 9, as public discussion would create an adverse fiscal effect on the bargaining and/or litigation position of the City if discussions regarding offers to be made or accepted, negotiating strategy to be taken or legal consultation about negotiations or litigation were to occur in an open meeting.
Commissioner Preston moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC, Section 44-04-19.1 (2 and 9) to discuss said pending litigation matter.

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

At 4:47 o’clock p.m., the Board moved to the Red River Room to discuss the litigation matter in Executive Session.
Members present were: Gehrig, Piepkorn, Preston, Strand and Mahoney.

The Executive Session closed at 4:57 p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.
All Commissioners present. Mayor Mahoney presiding.

Commissioner Piepkorn moved the Settlement Participation forms for the Distributors and for Janssen Pharmaceuticals be approved, as presented, and to authorize the Mayor to execute the same for filing with the court.

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.

The Mayor read a message with the following information: due to the upcoming holidays, COVID-19 vaccine clinics will not be held on December 24th or 31st; the December Online Book Party is December 16th on the Library’s Facebook page; the Library’s Mitten Trees are up for the third season at each of the Library locations; year to date building permits in the City are at $743 million; and videos were shown of the Ribbon Cutting Ceremony for the new Electric Vehicle Charger located in City Hall’s west parking lot and the Fargo Police Department’s implementation of body-worn cameras.

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

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

Minutes Approved:
Commissioner Preston moved that the Minutes of the Regular Meeting of the Board held on November 29, 2021 be approved as read.

Second by Strand. 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. 2nd reading and final adoption of the following Ordinances; 1st reading, 11/29/21:
a. Rezoning Certain Parcels of Land Lying in Maple Valley Fifth Addition to the City of Fargo, Cass County, North Dakota.
b. Rezoning Certain Parcels of Land Lying in Fayland Industrial First Addition to the City of Fargo, Cass County, North Dakota.
2. Gaming Site Authorizations:
a. Team Makers Club, Inc. at King Pinz.
b. Team Makers Club, Inc. at Lucky’s 13 Pub (ownership change only).
3. Applications for Games of Chance:
a. Outdoor Adventure Foundation for a raffle and raffle board on 3/19/22.
b. Red River Valley Fraternal Order of Police for a raffle on 1/22/22.
4. Attorney Services Agreement with Serkland Law Firm, Ltd., Agreement for Legal Services with Erik R. Johnson & Associates, Ltd. and appoint City Attorney and Assistant City Attorneys.
5. Second Amendment to Lease Agreement with Downtown Community Partnership.
6. Agreement – Engineering Technician I with Anthony Arnold.
7. Contract Amendment No. 1 with Houston Engineering in the amount of $10,000.00 for Project No. MS-21-F0.
8. Contract Amendment No. 3 with Houston Engineering in the amount of $81,046.00 for Project No. FM-19-A0.
9. Contract Amendment No. 4 with Houston Engineering in the amount of $62,642.00 for Project No. FM-19-B0.
10. Contract Amendment No. 2 with Houston Engineering in the amount of $100,000.00 for Project No. FM-19-C0.
11. Contract Amendment No. 4 with Houston Engineering in the amount of $141,014.50 for Project No. FM-19-F0.
12. Final Balancing Change Order No. 3 in the amount of $9,465.50 for Project No. SR-21-A1.
13. Negative Final Balancing Change Order No. 3 in the amount of -$4,139.50 for Project No. SL-21-A1.
14. Negative Final Balancing Change Order No. 3 in the amount of -$25,220.00 for Project No. TR-21-A1.
15. Agreement for Future Right of Way Use with Beyond Shelter, Inc.
16. Amendment (First) to Master Services Agreement and Amendment (Second) to MS-19-A0 Construction Materials Testing Service Master Professional Services Agreement (Project No. MS-19-A0).
17. Stockpile Access and Removal Agreement and Release, Hold Harmless and Indemnification Agreement.
18. Memorandum of Agreement with the North Dakota Air National Guard.
19. Amendment to Agreement for Services with Amanda Booher.
20. Agreement for Services with the following:
a. Crystal Amundson.
b. Andrew Luistro.
c. Center Point Tactical LLC.
21. Agreement with Richland County Health Department.
22. Out of Grade pay for Troy Hannig effective 11/22/21.
23. Resolution Approving Plat of Interstate Park Second Addition.
24. Sole Source Procurement and Master Services Agreement Renewal with Reach Partners, Inc.
25. Agreement with Fargo-Moorhead Metropolitan Council of Governments (MetroCOG) for Project Administration for the Housing Needs and Market Analysis for the Cass and Clay Counties.
26. Agreement and Contract Renewal with Azteca Systems, LLC – Cityworks.
27. Purchase Agreement with James P. Sabo for property located at 2414 7th Avenue North.
28. Bid awards for winter pruning operations to Cougar Tree Care, Inc. in the amount of $163,291.15 for Area-Project 1; to Cougar Tree Care, Inc. in the amount of $4,612.50 for Raise-Project 1; to Carr’s Tree Service in the amount of $14,475.00 for Raise-Project 2; and to All-Terrain Grounds Maintenance in the amount of $3,193.00 for Raise-Project 3 (RFP21181).
29. Bid awards to Corwin Collision Center for the repair of body damage to City light-duty vehicles and to Glenn’s Body Repair for the repair of body damage to City heavy-duty vehicles and Transit buses/vehicles, as presented (RFP21170).
30. Bid award to Custom Truck One Source in the amount of $81,976.00 for 1, two-ton chipper truck (RFP21198).
31. Amendment to the Joint Powers Agreement for Transit Support and Agreement for Transit Services with NDSU for the school year 2021-2022.
32. Change Order No. 1 in the amount of -$50,014.39 for the GTC Exterior Renovations (AFB21101).
33. Bills in the amount of $12,511,322.31.

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

Memorandum of Offer to Landowner for Permanent Easement (Street and Utility) and Easement (Temporary Construction Easement) with Oak Grove Lutheran School Approved (Improvement District No. BR-22-A0):
The Board received a communication from Land Acquisition Specialist Shawn Bullinger requesting authorization to proceed with a Memorandum of Offer to Landowner for a Permanent Easement (Street and Utility) and an Easement (Temporary Construction Easement) with Oak Grove Lutheran School in association with Improvement District No. BR-22-A0. He said a final purchase price has been reached and authorization from the Board is requested to proceed with the purchase.
Commissioner Gehrig moved the Memorandum of Offer to Landowner for Permanent Easement (Street and Utility) and Easement (Temporary Construction Easement) with Oak Grove Lutheran School in association with Improvement District No. BR-22-A0 be approved.

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

Change Order No. 5 for Improvement District No. BN-20-L1 Approved:
Commissioner Gehrig moved Change Order No. 5 for an increase of $5,043.98 for Improvement District No. BN-20-L1 be approved.

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

Change Order No. 2 for Improvement District No. BR-22-A0 Approved:
Commissioner Gehrig moved Change Order No. 2 for a reallocation of funds from Phase 3 to Phase 2 for Improvement District No. BR-22-A0 be approved.

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

Final Balancing Change Order No. 2 for Improvement District No. BN-21-G1 Approved:
Commissioner Gehrig moved Final Balancing Change Order No. 2 for an increase of $23,031.31 for Improvement District No. BN-21-G1 be approved.

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

Final Balancing Change Order No. 1 for Improvement District No. BN-21-J1 Approved:
Commissioner Gehrig moved Final Balancing Change Order No. 1 for an increase of $13,950.82 for Improvement District No. BN-21-J1 be approved.

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

Final Balancing Change Order No. 2 for Improvement District No. BR-21-A1 Approved:
Commissioner Gehrig moved Final Balancing Change Order No. 2 for an increase of $32,313.43 for Improvement District No. BR-21-A1 be approved.

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

Final Balancing Change Order No. 1 for Improvement District No. PN-21-A1 Approved:
Commissioner Gehrig moved Final Balancing Change Order No. 1 for an increase of $57,532.68 for Improvement District No. PN-21-A1 be approved.

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

Negative Final Balancing Change Order No. 3 for Improvement District No. AN-20-E1 Approved:
Commissioner Gehrig moved Negative Final Balancing Change Order No. 3 in the amount of -$40,875.16 for Improvement District No. AN-20-E1 be approved.

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

Negative Final Balancing Change Order No. 3 for Improvement District No. BN-20-M1 Approved:
Commissioner Gehrig moved Negative Final Balancing Change Order No. 3 in the amount of -$96,528.33 for Improvement District No. BN-20-M1 be approved.
Second by Strand. On call of the roll Commissioners Gehrig, Strand, Piepkorn, Preston and Mahoney voted aye.

No Commissioner being absent and none voting nay, the motion was declared carried.

Negative Final Balancing Change Order No. 1 for Improvement District No. BN-21-C1 Approved:
Commissioner Gehrig moved Negative Final Balancing Change Order No. 1 in the amount of -$37,284.04 for Improvement District No. BN-21-C1 be approved.

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

Negative Final Balancing Change Order No. 2 for Improvement District No. BN-21-K1 Approved:
Commissioner Gehrig moved Negative Final Balancing Change Order No. 2 in the amount of -$70,463.43 for Improvement District No. BN-21-K1 be approved.

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

Negative Final Balancing Change Order No. 2 for Improvement District No. PR-21-C1 Approved:
Commissioner Gehrig moved Negative Final Balancing Change Order No. 2 in the amount of -$147,061.66 for Improvement District No. PR-21-C1 be approved.

Second by Strand. On call of the roll Commissioners Gehrig, Strand, Piepkorn, Preston 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. PR-21-G1 Approved:
Commissioner Gehrig moved Negative Final Balancing Change Order No. 5 in the amount of -$28,150.38 for Improvement District No. PR-21-G1 be approved.

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

Negative Final Balancing Change Order No. 4 for Improvement District No. UN-21-A1 Approved:
Commissioner Gehrig moved Negative Final Balancing Change Order No. 4 in the amount of -$33,053.46 for Improvement District No. UN-21-A1 be approved.

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

No Protests Received for New Paving and Utility Construction Improvement District No. BN-21-L1:
The Statutory Resolution of Necessity for the construction of New Paving and Utility Construction Improvement District No. BN-21-L1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on August 18 and 25, 2021 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Gehrig moved that the Board declare that no protests have been filed to the construction of New Paving and Utility Construction Improvement District No. BN-21-L1.

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

Bids Received for New Paving and Utility Construction Improvement District No. BN-21-L1:
The bids for New Paving and Utility Construction Improvement District No.
BN-21-L1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., November 10, 2021 and the bids were found to be as follows:

Northern Improvement Company Fargo, ND
Bid: $2,006,000.25

KPH, Inc. Fargo, ND
Bid: $2,052,316.00

Dakota Underground Company Fargo, ND
Bid: $2,054,727.23

Contract for New Paving and Utility Construction Improvement District No. BN-21-L1 Awarded to Northern Improvement Company in the Amount of $2,006,000.25:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of New Paving and Utility Construction Improvement District
No. BN-21-L1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received November 10, 2021 for New Paving and Utility Construction Improvement District No. BN-21-L1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for New Paving and Utility Construction Improvement District No. BN-21-L1 shows the bid of Northern Improvement Company of Fargo, North Dakota, in the sum of $2,006,000.25 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Northern Improvement Company in the sum of $2,006,000.25 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for New Paving and Utility Construction Improvement District No. BN-21-L1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Northern Improvement Company for the sum of $2,006,000.25, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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

No Protests Received for New Paving and Utility Construction Improvement District No. BN-22-A1:
The Statutory Resolution of Necessity for the construction of New Paving and Utility Construction Improvement District No. BN-22-A1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on November 10 and 17, 2021 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Gehrig moved that the Board declare that no protests have been filed to the construction of New Paving and Utility Construction Improvement District No. BN-22-A1.

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

Bids Received for New Paving and Utility Construction Improvement District No. BN-22-A1:
The bids for New Paving and Utility Construction Improvement District No. BN-22-A1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., December 8, 2021 and the bids were found to be as follows:

Dakota Underground Company Fargo, ND
Bid: $11,675,967.59

KPH, Inc. Fargo, ND
Bid: $12,417,150.57

Northern Improvement Company Fargo, ND
Bid: $12,804,678.29

Ames Construction, Inc. Burnsville, MN
Bid: $14,447,930.90

Contract for New Paving and Utility Construction Improvement District No. BN-22-A1 Awarded to Dakota Underground Company in the Amount of $11,675,967.59:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of New Paving and Utility Construction Improvement District No. BN-22-A1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received December 8, 2021 for New Paving and Utility Construction Improvement District No. BN-22-A1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for New Paving and Utility Construction Improvement District No. BN-22-A1 shows the bid of Dakota Underground Company of Fargo, North Dakota, in the sum of $11,675,967.59 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Dakota Underground Company in the sum of $11,675,967.59 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for New Paving and Utility Construction Improvement District No. BN-22-A1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dakota Underground Company, Inc. for the sum of $11,675,967.59, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

No Protests Received for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-B1:
The Statutory Resolution of Necessity for the construction of Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-B1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on November 10 and 17, 2021 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Gehrig moved that the Board declare that no protests have been filed to the construction of Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-B1.

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

Bids Received for Paving and Utility Rehab/Reconstruction Improvement DistriCT No. BR-22-B1:
The bids for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-B1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., December 8, 2021 and the bids were found to be as follows:

Key Contracting, Inc. West Fargo, ND
Bid: $2,333,313.10

Border States Paving, Inc. Fargo, ND
Bid: $2,338,223.32

Dakota Underground Company Fargo, ND
Bid: $2,442,021.97

Northern Improvement Company Fargo, ND
Bid: $2,522,154.17

KPH, Inc. Fargo, ND
Bid: $2,689,920.15

Contract for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-B1 Awarded to Key Contracting, Inc. in the Amount of $2,333,313.10:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Paving and Utility Rehab/Reconstruction Improvement District
No. BR-22-B1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received December 8, 2021 for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-B1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-B1 shows the bid of Key Contracting, Inc. of West Fargo, North Dakota in the sum of $2,333,313.10 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Key Contracting, Inc. in the sum of $2,333,313.10 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Paving and Utility Rehab/Reconstruction Improvement District No. BR-22-B1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Key Contracting, Inc. for the sum of $2,333,313.10, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

New Paving and Utility Construction Improvement District No. BN-22-B (Various Locations in South Fargo):
Commissioner Gehrig moved the following action be taken in connection with New Paving and Utility Construction Improvement District No. BN-22-B:

Adopt Resolution Creating Improvement District No. BN-22-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BN-22-B in the City of Fargo, North Dakota, be created

On 69th Avenue South from 15th Street South to Meadow View Drive South, on Meadow View Drive South from 70th Avenue South to 68th Avenue South, on 68th 8th Avenue South from Meadow View Drive South to 14th Street South and on 14th Street South from 70th Avenue South to 68th Avenue South.

COMPRISING:
Lots 11 through 13, Inclusive, Block 1.
Lots 1 through 2, Inclusive, Block 2.
All platted within Bison Meadows Addition.

Lots 1 through 18, Inclusive, Block 1.
Lots 45 through 71, Inclusive, Block 2.
Lots 1 through 56, Inclusive, Block 3.
Lots 1 through 26, Inclusive, Block 6.
Lots 1 through 26, Inclusive, Block 7.
Lots 1 through 36, Inclusive, Block 10.
All platted within Bison Meadows Second Addition.

Lots 1 through 13, Inclusive, Block 1.
Lots 1 through 26, Inclusive, Block 2.
Lots 1 through 24, Inclusive, Block 3.
Lots 1 through 34, Inclusive, Block 4.
Lots 1 through 18, Inclusive, Block 5.
Lots 1 through 29, Inclusive, Block 6.
All platted within Meadow View Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That New Paving and Utility Construction Improvement District No. BN-22-B in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost from the City Engineer for Improvement District No. BN-22-B:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-22-B in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $1,674,767.75.)

Order Plans and Specifications for Improvement District No. BN-22-B:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BN-22-B in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-22-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-22-B in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. BN-22-B in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.
Adopt Resolution Declaring 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-22-B in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said New Paving and Utility Construction improvement is to be paid from State and Local Funds and approximately 82% 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-22-B:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BN-22-B in the City of Fargo, North Dakota.

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

Contract for New Paving and Utility Construction Improvement District No. BN-21-L1 Approved:
Commissioner Gehrig moved the Contract between the City of Fargo and Northern Improvement Company for New Paving and Utility Construction Improvement District No. BN-21-L1 in the City of Fargo, North Dakota, be approved.
Second by Strand. On call of the roll Commissioners Gehrig, Strand, Piepkorn, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Contract Bond for New Paving and Utility Construction Improvement District No. BN-21-L1 Approved:
Commissioner Gehrig moved the following described Contract Bond be approved as to sufficiency:
Western Surety Company, in the amount of $2,006,000.25, for New Paving and Utility Construction Improvement District No. BN-21-L1 in the City of Fargo, North Dakota.

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

Presentation of a Check from the Fargo Lions Club:
The Mayor was presented a check in the amount of $90,000.00 from the Fargo Lions Club in support of the “Spirit of the Sandbagger” monument construction project.

Resident Comments:
Richard Thomas and Christopher Coen spoke about the Wildlife Management Program; Margaret Messmer, Anjali Karna, Keith Coates, Brandon Krieger and Melissa Lindahl spoke about the Massage Therapy Ordinance.

Transfer of the Payment in Lieu of Tax Exemption (PILOT) to Graystoke Capital Woodrow, LLC Approved:
A Hearing had been set for this day and hour on an application filed by Graystoke Capital Woodrow, LLC for a transfer of a payment in lieu of property tax exemption (PILOT) for projects at 1222 4th Avenue North and 315 University Drive North.
No written protests have been filed for the attention of the Board.
The Board determined that no person is present at this Hearing to protest or offer objection thereto.
Director of Strategic Planning and Research Jim Gilmour said there is new ownership; therefore, the transfer of the incentives needs City Commission approval. He said there are no changes to the incentives and this was approved for transfer two years ago; however, that sale was not completed and now the properties have been sold to Graystoke Capital Woodrow.

Commissioner Preston asked to abstain from voting due to the fact that she is an investor in the project.

Commissioner Piepkorn moved that the transfer of the payment in lieu of tax exemption from DFI Woodrow Wilson, LLC to Graystoke Capital Woodrow, LLC be approved, subject to the same terms and payment schedule as originally approved.

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

Application to Transfer the Alcoholic Beverage License from 518 Properties LLC d/b/a 518 Properties to 518 Properties LLC d/b/a Summit Restaurant and Nightclub Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "A" Alcoholic Beverage License from 518 Properties LLC d/b/a 518 Properties to 518 Properties LLC d/b/a Summit Restaurant and Nightclub at 4554 7th Avenue South notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
City Auditor Steve Sprague said the license owners have presented their person to manage the business and the business plan to the Liquor Control Board and the City Commission. He said the Police Department has conducted a background check and no significant concerns were noted. He said this information completes the sale and transfer of the liquor license from Africa International Restaurant and Nightclub as directed by the City Commission on September 20, 2021. He said the Liquor Control Board at a Special Meeting today voted unanimously to approve the transfer.

Wess Philome said he would be remiss if he did not say that the failure of Club Africa is the failure of the entire City. For being as diverse as Fargo is, he said, Fargo lacks diversity in its leadership and lacks diversity as far as black business owners. Club Africa was an opportunity for the City to show that black business owners can thrive in Fargo, he said. It was clear from the beginning that Club Africa needed help, he said, and did not get the help and then it burned and now there are white business owners taking it over. He said the City needs to be mindful of the business plan going forward as the previous bar in that spot, JT Cigarro, closed due to the fact that white folks did not go. Something violent did happen, he said, someone died in the parking lot; however, the new owners still like the business model and so what they are going to try to do is replicate it under a different name while avoiding the stigma of what previously happened. If the new owners and the new club invite black people in, he said, and they over-police it to avoid anything happening in the news, they are going to have a lot of people of color ending up in jail and that is going to be a detriment again to the black community.
Commissioner Piepkorn moved the application 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.

Resolution Adopted Approving Radio Addition (5702 52nd Avenue South):
A Hearing had been set for this day and hour to consider approval or denial of an application requesting a Plat of Radio Addition a plat of part of the Northeast Quarter of Section 5, Township 138 North, Range 49 West of the Fifth Principal Meridian to the City of Fargo, Cass County, North Dakota.
Current Planning Coordinator Donald Kress said the proposed plat contains about 20 acres of land and there are no zoning changes proposed. He said the addition is so named for four large KFNW radio towers that used to be on the site, which have since been removed. He said the plat creates 10 lots for commercial development.
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 “Radio Addition” containing 10 Lots, 1 Block and 20.76 acres of land more or less, located at 5702 52nd Avenue South; and
WHEREAS, A Hearing was held June 3, 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 December 1 and 8, 2021 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., December 13, 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 “Radio 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.

COVID-19 Update:
Director of Fargo Cass Public Health (FCPH) Desi Fleming said COVID-19 cases are still plateauing with about 697 active cases in Cass County now and a little over 2,200 in the State. She said testing numbers remain low and currently there are 165 people hospitalized with COVID-19 in the State and hospital capacity remains tight for staff beds due to high census locally and across the State. Deaths for Cass County total 274, she said, with close to 2,000 statewide and this past week a grim milestone in the U.S. was reached with 800,000 deaths from COVID-19. She said the Kaiser Foundation released a report estimating that 163,000 deaths since June likely would have been prevented with vaccination. December 16th will mark the one-year anniversary of the COVID-19 vaccine being available, she said, of which in Cass County, there have been just under 240,000 vaccines given. The Pfizer vaccine booster has now been approved for 16- to 17-year-olds who received the initial Pfizer series, she said. The Omicron variant has been identified in 30 states; however, realistically it is in more and has not yet been identified from sequencing of wastewater in North Dakota. She said Omicron is quickly becoming the dominant strain for new cases across the U.S. Data from the U.K. is analyzing how the Pfizer vaccine is protecting from the Omicron variant, she said, and effectiveness after the two-dose series was 30 to 40 percent and effectiveness after the booster increased from 70 to 80 percent, which strongly points to the need for a booster for optimal protection. Local vaccination traffic is beginning to slow, she said, and the FCPH Clinic is getting mainly booster traffic. She said she has met with other health care centers to discuss vaccination operations going forward and all have transitioned much of those operations into normal activities. She said FCPH at the end of December will transition the COVID vaccination mass clinics into the Immunization Clinic, where appointments are needed. She said the testing site remains very busy and the plan is to continue to extend the lease on the building on a month-by-month basis. She said the intent when the testing site opened was to fill a gap for those who would have travel requirements; however, it has quickly turned into one of the main sites to test the general public. She said the challenge now is sustainability and staffing and she will continue to evaluate and monitor for any changes needed going forward. She said all health systems and the ND Department of Health continue to encourage vaccination and boosters through messaging; however, these are difficult times for any call to action due to the fact that much of the population has been desensitized to the potential dangers of COVID or the new variants. She said despite that, she will continue to remain consistent in the hopes of being heard and promote mitigation strategies of vaccination for all who are eligible along with booster doses, masking recommendations for indoor crowded spaces and testing early for exposures to help slow transmission and lessen the human impacts from COVID.

In response to a question from Commissioner Preston asking if the Omicron variant is less severe, Ms. Fleming said it is not less severe for unvaccinated people. She said for those who have had at least an initial vaccination and especially those who have been boosted, those people are doing quite well at staying out of hospitals. She said everyone is still learning, data is still being received and everyone will hopefully learn more things every day going forward.

2022 Capital Improvement Plan (CIP) and the 2023 Utility Replacement and Street Reconstruction Projects Approved.
City Engineer Brenda Derrig said she wanted to address previous questions about the 2022 CIP, noting that the North Broadway Bridge has been removed from the Plan and an alley-paving project was added. She said Commissioner Gehrig had asked about Prairie Dog Funds and there are no funds for the 2022 CIP; however, in the 2023 CIP, there could be some funds and upon allocation of those full funds, that is when the funds would be used to offset special assessments as approved in the 2019 Infrastructure Funding Policy. She also addressed previous questions regarding environmental influences on concrete and asphalt.

Water Utility Director Troy Hall gave a presentation on lead testing and lead service lines in Fargo. He said the City has been monitoring for lead since 1992 when the lead and copper rule from the Environmental Protection Agency (EPA) was implemented. He said the “Action Level” per the EPA is 15 parts per billion (ppb) and up until 2017, there were no issues in Fargo water. He said testing started again in 2018 when the new Water Treatment Plant opened due to the fact that the EPA considered it a new water source; however, since 2018, the City has had the best test results ever and Fargo’s water sampling has been below the EPA “Action Level” for more than 19 years. He said any lead found in a home is from a home’s lead pipes and an outside lab conducts all the sample testing. If homeowners want their home water tested, he said, there are private labs that do the testing for about $25.00. He said in 2021 testing results, levels for lead and copper were at 2.4 ppm, way under the 15 ppm “Action Level.” Additional State and EPA requirements include testing every 2 weeks on many water quality parameters, including alkalinity, calcium, bicarbonate and others, he said. There has been a lot of attention on water quality after what happened in Flint, Michigan, and Washington, D.C., he said, and Fargo’s plan is to get all lead service lines replaced. He said there are 2,544 lead service lines and the City applied for grant funding to help with lead service line replacement; however, no funding was received due to the fact that Fargo is not considered high priority due to the good sampling results. There is also a lot of monitoring in addition to testing, watching the chlorine stability, bacteria and pH levels. He said all Fargo and West Fargo pump stations are monitored and the City keeps the water fresh by mixing the water in the towers and continually lowering and filling the towers. Water main breaks also disrupt water quality, he said; however, water main breaks have been greatly reduced and a hydrant-flusing program helps to maintain freshness.

Commissioner Strand said water is important for people to be able to trust those who deliver the water.

In response to a question from Commissioner Strand asking who else uses Fargo water, Mr. Hall said West Fargo and Cass Rural Water Users are regional customers. He said as the water plant was being designed several years ago, the plan was to think about future customers and how to keep the water stable as it goes through the system.
Commissioner Strand moved the proposed 2022 Capital Improvement Plan and the 2023 Utility Replacement and Street Reconstruction Projects be approved.

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

Second Reading and Final Adoption of an Ordinance Enacting Article 13-18 of Chapter 13 of the Fargo Municipal Code Relating to Massage Therapy Establishments:
Commissioner Preston moved to waive second reading at length of an Ordinance Enacting Article 13-18 of Chapter 13 of the Fargo Municipal Code Relating to Massage Therapy Establishments.

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.

Commissioner Preston moved that the proposed Ordinance Enacting Article 13-18 of Chapter 13 of the Fargo Municipal Code Relating to Massage Therapy Establishments, which was placed on its first reading November 29, 2021, be now placed on its second reading and a vote taken on the question of its final passage and adoption.
On the vote being taken on the question of the final passage and adoption of the Ordinance, Commissioners Preston, Piepkorn and Mahoney voted aye.
Commissioners Gehrig and Strand voted nay.
The Ordinance was duly passed and adopted.

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

Application for Abatement or Refund of Taxes #4509 for the Travelodge Hotel Denied:
City Assessor Michael Splonskowski said an application for Abatement or Refund of Taxes #4509 was filed by Fredrikson & Byron, PA representing the Travelodge Hotel at 1407 35th Street South. He said the firm is requesting a value reduction for 2021 from $1,507,100.00 down to $690,000.00. The property was in foreclosure in 2020, he said, and the appellant presented an appraisal for financing as support for a reduction; however, he is unsure of the requirements set forth in that appraisal, as it was not for property tax purposes. He said he is also concerned that comparable sales from the subject market were not prioritized; therefore, the recommended action from the Assessor’s Office is to deny the request for abatement for tax year 2021.
David Tibbals, Fredrikson & Byron, PA, spoke on behalf of the applicant.
Commissioner Gehrig moved based upon Mr. Splonskowski’s recommendation that application #4509 filed by Fredrikson & Byron, PA representing the Travelodge Hotel for abatement or refund of real estate taxes for 2021 tax years on property at 1407 35th Street South be denied.

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.

Application for Abatement or Refund of Taxes #4511 for the Delta Hotel Denied:
City Assessor Michael Splonskowski said an application for Abatement or Refund of Taxes #4511 was filed by Fredrikson & Byron, PA representing the Delta Hotel at 1635 42nd Street South. He said the firm is requesting value reductions for 2019 from $16,408,000.00 to $10,738,765.00; 2020 from $16,408,000.00 to $10,141,323.00; and 2021 from $13,946,800.00 to $7,357,388.00. The appellant presented an income approach as support for the reductions, he said; however, no market evidence or comparable sales were provided. He said he has concerns about the reliability of the analysis given the provided 5 percent ratio of “other income,” for example banquet, food and beverage. The actual history of the property is between 36 percent and 44 percent, he said, and he feels expenses are under-reported and he questions the reliability of the capitalization rate selected, considering the property was remodeled in 2017. He said of note are two directly competing properties selling within the last five years – the Radisson Hotel and Holiday Inn, which both sold before undergoing significant remodeling. The appellant provided similar information to the Board of Equalization, which upheld the values on May 11, 2021 and to the County Board, which upheld the values on June 21, 2021, he said and the recommended action from the Assessor’s Office is to deny the request for abatement for tax years 2019, 2020 and 2021.
David Tibbals, Fredrikson & Byron, PA, spoke on behalf of the applicant.
Commissioner Piepkorn moved based upon Mr. Sponskowski’s recommendation that application #4511 filed by Fredrikson & Byron, PA representing the Delta Hotel for abatement or refund of real estate taxes for 2019, 2020 and 2021 tax years on property at 1635 42nd Street South be denied.

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.

Application for Abatement or Refund of Taxes #4513 for the Candlewood Suites Hotel Denied:
City Assessor Michael Splonskowski said an application for Abatement or Refund of Taxes #4513 was filed by Fredrikson & Byron, PA representing the Candlewood Suites Hotel at 4017 17th Avenue South. He said the firm is requesting value reductions for 2019 from $5,837,000.00 to $3,610,000.00; 2020 from $5,837,000.00 to $3,426,215.00; and 2021 from $4,961,500.00 to $2,757,217.00. The appellant presented an income approach as support for the reductions, he said; however, no market evidence or comparable sales were provided. The applicant’s requested value is significantly under the relatively recent declared construction cost of the facility, he said. The Assessor’s Office utilizes recent comparable sales as support for the true and full value, he said, as well as a market driven cost model and recent construction costs. He said similar information was presented by the appellant to the Board of Equalization, which upheld the value on May 11, 2021, and the County Board upheld the value on June 21, 2021. He said the recommended action from the Assessor’s Office is to deny the request for abatement for tax years 2019, 2020 and 2021.
David Tibbals, Fredrikson & Byron, PA, spoke on behalf of the applicant.
Commissioner Piepkorn moved based upon Mr. Splonskowski’s recommendation that application #4513 filed by Fredrikson & Byron, PA representing the Candlewood Suites Hotel for abatement or refund of real estate taxes for 2019, 2020 and 2021 tax years on property at 4017 17th Avenue South be denied.

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.

Application for Abatement or Refund of Taxes #4516 for the Quality Suites Approved:
City Assessor Michael Splonskowski said an application for Abatement or Refund of Taxes #4516 was filed by Fredrikson & Byron, PA representing the Quality Suites located at 1415 35th Street South. He said the firm is requesting a value reduction for 2021 from $1,866,600.00 down to $640,000.00. He said the appellant presented an appraisal for financing as support for a reduction and a value reduction is proposed due to water damage and considerable deferred maintenance on the property; however, not to the extent in the application. He said the property was foreclosed in 2020 and deferred maintenance was noted throughout, which the 2021 value did not consider. He said based on the Assessor’s Office analysis and current calculations and to account for the condition of property, he is recommending a reduction in value from $1,866,600.00 to $1,330,000.00 for 2021.
David Tibbals, Fredrikson & Byron, PA, spoke on behalf of the applicant.
Commissioner Gehrig moved based upon Mr. Splonskowski’s recommendation that application #4516 filed by Fredrikson & Byron, PA representing Quality Suites for abatement or refund of taxes for the 2021 tax year on property at 1415 35th Street South be approved as presented.

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

Updated Economic Development Incentives Policies and Guidelines Approved:
Director of Strategic Planning and Research Jim Gilmour said the Tax Exempt Review Committee is recommending approval of an updated policy on economic development incentives available in the City. He said the incentives support the mission of economic development and community development to create jobs, promote Downtown development, support housing development, support redevelopment within the City and grow the City tax base. The updated policy will be the Economic Development Incentives Policies and Guidelines, he said, and the Tax Exempt Review Committee will be renamed the Economic Development Incentives Committee. Two additional citizen members will be added to the Committee, he said, and two voting staff members will remain on the Committee as non-voting advisory members. He said after the Informational Meeting about the new policies, two changes were made including a greater reduction of points for jobs paying less than $13.00 an hour and no points for jobs paying $13.00 to $15.00 an hour. The Economic Development Incentives Committee will provide an annual report to the City Commission with a summary of recent and active property tax exemptions, he stated, and the City is working with the Greater Fargo Moorhead Economic Development Corporation on a process for ongoing monitoring and reporting on incentives granted for job creation.

Joe Raso, President of the Greater Fargo Moorhead Economic Development Corporation (GFMEDC), said a couple of years ago the EDC started to take a high tech and high touch approach to its outreach to primary sector companies and utilized the software system SalesForce. He said some special development was done to the software and the EDC is collecting strategic information from the primary sector companies. As the City was having discussions about updating the incentives policies, he said, he and his staff talked about tracking job creation and the investments being made and realized the EDC could set up a trigger within the software system that at a certain point in time, EDC staff can trigger those companies, ask for the information, aggregate it and share it with City staff and the City Commission. He said the process is underway and over the next 30 to 60 days, the EDC will be able to establish a process to provide the requested data to the City.

Commissioner Strand said there are many times when Commissioners are not on the same page regarding incentives and for a few years, he has been looking for a broader discussion about how to get on the same page so when the City advertises to the public about incentives and enhancements for business plans, the City can stay true to its word and honor it when it gets to the table. He said he has had some moments where he does not always agree with some of the minute aspects of the policies and he has voted against some Tax Increment Financing (TIF) and Payment in Lieu of Taxes (PILOT) projects. He said he is going to give this new policy a try going forward due to the fact that just about everything he advocated for was listened to and heard, and as best as possible was implemented. He said the topics of workplace safety, living wages and claw back/look back were all essential. Looking forward he would like to see where affordable housing issues land and at-risk neighborhoods as well as inclusionary housing; however, he is willing to give these new policies a chance and see if the Commission can aim for those other topics. Bottom line is, he said, he is now able to vote for these policies almost across the board and he has been looking forward to policies driving his votes. He said after the Election in June, there may be another chance to look at these policies and do it every two years. He thanked all of the departments that put in the effort in the new policies and it has won him over.

Commissioner Preston said she would like to see the policies come back at some point when the ROI study is completed.
Commissioner Piepkorn moved that the updated Economic Development Incentives Policies and Guidelines be approved, as presented.

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.

Formation of an Election and City Governance Task Force Delayed Until After the June 2022 City Election:
Mayor Mahoney said on November 1, 2021, the City Commission received a report on the formation of the Election and City Governance Task Force and a proposed schedule of events. He said a public engagement and application process to solicit Task Force members was approved and at the close of the application process on November 24, 2021, the City received only five statements of interest. Two of those statements of interest were received after the deadline, he said; however, those were deemed non-responsive. He said no action is required tonight; however, he recommends the Task Force discussion be delayed until after the June 2022 City Election and at that time the City Commission can discuss if the Task Force remains a priority and if it is, what model should be used to solicit interest.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Darlene Burkhardsmeier, 5010 Meadow Creek Drive South (3 year).
b. Kent and Amy Moser, 1932 Rose Creek Drive South (3 year).
c. Doug and Carma Holmstrom, 2707 30th Avenue South (3 year).
d. Steven and Dena Larson, 4621 Rose Creek Parkway South (3 year).
e. Michael and Ashley Campion, 3019 Peterson Parkway North (3 year).
f. Gregory and Sara Wald, 3019 Hickory Street North (3 year).
g. Mary Peyerl Revocable Trust, 2202 25 1/2 Avenue South (3 year).
h. James and Pat Lancaster, 1506 10th Street South (5 year).
i. Lisa and Kyle Ouradnik, 3512 Evergreen Road North (5 year).
j. Dustin and Jackie Patterson, 2807 Southgate Drive South (5year).
k. Ryan and Jennifer Johnston, 3407 Par Street North (5 year).
l. Kenneth and Kimberly Anderson, 714 19th Avenue South (5 year).
m. Benjamin Geiger and Karissa Olstad, 1315 5th Street South (5 year).
n. Ted Rud, 1220 11th Avenue North (5 year).
o. Michelle Foss, 821 14th Street South (5 year).
p. Derek Harnish and Brenda Weiler, 1118 7th Street South (5 year).
q. Patrick and Katherine McIntyre, 3225 Longfellow Road North (5 year).
r. Gary and Diane Roeder, 410 22nd Avenue North (5 year).
s. Scott and Lisa Gail, 2617 38th Avenue South (5 year).
t. Christopher and Ashley Nilson, 4488 Oakcreek Drive South (5 year).
u. Mary Schimkeier, 2402 25 1/2 Avenue South (5 year).
v. Christopher and Doris Skrove, 2914 12th Street South (5 year).
w. Sigrud and Anita Folden, 1518 3rd Street North (5 year).
x. Thomas and Mary Klubberud, 2613 Eastgate Drive South (5 year).
y. Thomas Pence, 201 20th Avenue North (5 year).
z. Marcel and Yvonne Lepage, 2856 Hickory Street North (5 year).
Commissioner Piepkorn moved the applications be approved.

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

Chelsey Linn Matter and Evelyn Telford Reappointed to the Board of Health:
The Board received a communication from Mayor Mahoney recommending that Chelsey Linn Matter and Evelyn Telford be reappointed to the Board of Health.
Commissioner Preston moved Chelsey Linn Matter and Evelyn Telford be reappointed to the Board of Health for three-year terms ending December 31, 2024.

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.

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, December 27, 2021.

Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:48 o’clock p.m.