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Board of City Commissioners - February 22, 2021 Minutes

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 5:00 o'clock p.m., Monday, February 22, 2021.
The Commissioners present or absent were as shown following:
Present: Gehrig, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: This is “Through with Chew Week” and Fargo Cass Public Health encourages residents to quit using smokeless tobacco; the Library and the Valley Reading Council will host a Seuss-tastic Celebration Week at Home starting March 1st; and a video was shown detailing the second theme of the 2021 State of the City video, “Working for You.”

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved moving Item No. “4” from the Consent Agenda to the Regular Agenda, and to add two additional items to the Regular Agenda the first being to discuss the liquor licenses held by Jim Swanick and the second to consider an amendment to the “State of Emergency” Ordinance.
Second by Gehrig.

Commissioner Strand said the public does not know about the additional new items and he feels proper procedures, following the Thursday noon deadline for agenda
items needs to be followed.
Commissioner Strand moved the motion be amended to only move Item No. “4” from the Consent Agenda to the Regular Agenda.
Second by Preston.

Commissioner Gehrig said it is not new to have items added to the agenda and he feels the topics may be what is more abrasive than the motion to add them.

In response to a question from Mayor Mahoney asking if there are issues as far as liquor licenses and proper notice to an owner, Assistant City Attorney Nancy Morris said the topic could be discussed; however, action with respect to a license would be directed to the Auditor to set up notice and proper service in order to take any action.

In response to a question from Commissioner Preston regarding the amendment to the “State of Emergency” Ordinance, and whether that also could only be discussed with no action, Ms. Morris said that could result in a direction back to the City Attorney to work with a department for a change in an Ordinance.

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

On call of the roll on the original motion as amended Commissioners Preston, Strand and Mahoney voted aye.
Commissioners Gehrig and Piepkorn voted nay.
The motion was declared carried.

City Attorney Erik Johnson said to clarify for future reference, items can be added to an agenda after the deadline. He said protocol could be notice is given to the media that an item has been asked to be added to the agenda, subject to Board’s approval. An issue becomes why it is not on the agenda if it is known about prior to publication, he said, and not abusing the process is what the Open Meeting Law is all about.

Minutes Approved:
Commissioner Preston moved that the Minutes of the Regular Meeting of the Board held on February 8, 2021 and the Special Meeting of the Board held on February 17, 2021 be approved as read.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.

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

1. Receive and file an Ordinance Amending Sections 23-0211 and 23-0215 of Article 23-02 of Chapter 23 of the Fargo Municipal Code Relating to the Electrical Code.

2. Applications for Games of Chance:
a. St. Mary’s Cathedral for a raffle on 5/2/21.
b. USA Wrestling of North Dakota for a raffle on 7/22/21.
c. NDSU Lions Club for a raffle on 4/14/21.

3. Site Authorization for Metro Sports Foundation Inc. at Radisson Blu.

4. Extension of the Class “A” Alcoholic Beverage License for Irish Hospitality, LLC d/b/a Hennessey’s Irish Pub until 6/30/22 (moved to the Regular Agenda).

5. Purchase Agreement with Susan M. Rydell a/k/a Susan M. Montplaisir for property located at 739 Royal Oaks Drive North (Project No. FM-19-B).

6. Liability Acknowledgment and Agreement for Temporary Water Service Installation for Uptown Lofts LLC.

7. Contract Amendment No. 2 with Houston Engineering in the amount of $57,500.00 for Project No. FM-19-A0.

8. Contract Amendment No. 2 with Houston Engineering in the amount of $53,000.00 for Project No. FM-19-E0.

9. Amendment No. 3 with Houston Engineering in the amount of $233,000.00 for Project No. FM-19-F0.

10. Bid advertisement for Project Nos. FM-19-F and SR-21-A.

11. Notice of Grant Award from the ND Department of Emergency
Services - Division of Homeland Security for the FY 20 State Homeland Security Grant Program (CFDA #97.067).

12. Addition of two outdoor warning sirens to the bid with MidStates Wireless in the amount of $60,213.44 (RFP20049).

13. Bid awards for 2021 contracted forestry services:
a. Tree and stump removal to Cougar Tree Care, Inc. (RFP21023)
b. Landscape Maintenance Services to All-Terrain Grounds Maintenance (RFP17025)
c. Tree Injection Services to Paul Bunyan Nurseries (RFP19008).
d. Brush Chipping to Cougar Tree Care, Inc. (RFP19038).

14. Agreement for Services with F-M Ambulance Service, Inc.

15. City Attorney directed to review the proposed requirements to the Therapeutic Massage Program, Article 13-17.

16. Sublease Agreement with Sanford Medical Center Fargo.

17. Resolution approving Plat of West Park Fourth Addition (Attachment “A”).

18. Bid award to Dakota Supply Group for a total price of $142,920.03 for water main materials, miscellaneous materials, fire hydrants and fire hydrant parts, and miscellaneous street materials (RFP21030).

19. Bid awards for aggregate materials, concrete, asphalt and emulsified asphalt (RFP21031).

20. Bid award to Superior Electric of Fargo, LLC in the amount of $98,548.00 for an EV Charging Station at City Hall (AFB20142).

21. Task Order No. 2 with KLJ in the amount of $92,085.00 for Public Works Campus Master Plan Phase II (RFP19127).

22. Bid award to RDO Equipment in the amount of $119,325.00 for one 125 HP utility tractor with front mount snow blower (RFP21041).

23. Contract with Superior Electric of Fargo, LLC for the Metro Transit Garage lighting replacement project (AFB20132).

24. Bills in the amount of $21,648,417.76.

Second by Piepkorn. On call of the roll Commissioners Preston, Piepkorn, Gehrig, 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-F Amended (Various Locations in South Fargo):
Commissioner Preston moved the following action be taken in connection with New Paving and Utility Construction Improvement District No. BN-21-F:

Adopt Resolution Creating Improvement District No. BN-21-F:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BN-21-F 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 68th Avenue South from 15th Street South to 150’ west of 14th Street South, on 69th Avenue South from 15th Street South to 68th Avenue South, and on 14th Street South from 70th Avenue South to 60’ north of 70th 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 1 through 71, inclusive, Block 2
Lots 1 through 56, inclusive, Block 3
Lots 1 through 45, inclusive, Block 4
Lots 1 through 21, inclusive, Block 5
Lots 1 through 26, inclusive, Block 6
Lots 1 through 26, inclusive, Block 7
Lots 1 through 22, inclusive, Block 8
Lots 1 through 32, inclusive, Block 9
Lots 1 through 36, inclusive, Block 10

All platted within Bison Meadows Second 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-F 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-F:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-21-F 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 $1,629,421.06.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-21-F:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-21-F 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-F 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:
That it be and is hereby declared necessary to construct New Paving and Utility Construction Improvement District No. BN-21-F 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 70% 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 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-F:
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-F in the City of Fargo, North Dakota.

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

Paving and Utility Rehab/Reconstruction Improvement District No. BR-21-E (on 11th Street North from NP Avenue to 1st Avenue North):
Commissioner Preston moved the following action be taken in connection with Paving and Utility Rehab/Reconstruction Improvement District No. BR-21-E:

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

On 11th Street North form Northern Pacific Avenue North to 1st Avenue North.

COMPRISING:
Lots 1 through 12, inclusive, Block 25.
Lots 1 through 12, inclusive, Block 26.
Lots 1 through 3 and Lots 7 through 12, inclusive, Block 39.
Lots 1 through 12, inclusive, Block 40.
All in Roberts 2nd Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Paving and Utility Rehab/Reconstruction Improvement District No. BR-21-E 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. BR-21-E:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BR-21-E 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 $1,336,862.14.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BR-21-E:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BR-21-E 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. BR-21-E 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 Paving and Utility Rehab/Reconstruction 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 Paving and Utility Rehab/Reconstruction Improvement District No. BR-21-E 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 Paving and Utility Rehab/Reconstruction improvement is to be paid from State and Local Funds, and approximately 33% 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 Paving and Utility Rehab/Reconstruction 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. BR-21-E:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BR-21-E in the City of Fargo, North Dakota.

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

Asphalt Mill and Overlay Improvement District No. PR-21-C (Various Locations in North and South Fargo):
Commissioner Preston moved the following action be taken in connection with Asphalt Mill and Overlay Improvement District No. PR-21-C:

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

LOCATION (Section 1):
On Elm Street North from Kandi Lane to 12th Avenue North.

LOCATION (Section 2):
On 26th Avenue North from Elm Street North to 241’ west of 3rd Street North.
On 27th Avenue North from Elm Street North to 241’ west of 3rd Street North.
On 2nd Street North from 25th Avenue North to 28th Avenue North.
On 3rd Street North from 25th Avenue North to 28th Avenue North.

LOCATION (Section 3):
On 18th Avenue South from 43rd Street South to 45th Street South.
On 19th Avenue South from 42nd Street South to 43rd Street South.
On 43rd Street South from 18th Avenue South to 19th Avenue South.

LOCATION (Section 4):
On Demores Circle South.
On 23rd Street South from Demores Drive South to 17th Avenue South.
On 15th Avenue South from 21st Street South to 23rd Street South.
On Whitestone Circle South.

LOCATION (Section 5):
On 36th Avenue South from 15th Street South to 17th Street South.
On 36 1/2 Avenue South from 15th Street South to 17th Street South.
On 37th Avenue South from 15th Street South to west of 17th Street South.
On 37 1/2 Avenue South from 15th Street South to 17th Street South.
On 38th Avenue South from 15th Street South to 17th Street South.
On 38 1/2 Avenue South from 15th Street South to 17th Street South.
On 39th Avenue South from 15th Street South to 17th Street South.
On 39 1/2 Avenue South from 15th Street South to 117th Street South.
On 17th Street South from 35th Avenue South to 39 1/2 Avenue South.

COMPRISING (Section 1):
Bound on the north by the Red River of the North.
Bound on the east by the Red River of the North.
Bound on the south by 12th Avenue North the Red River of the North to 3rd Street North.
Bound on the west by 3rd Street North from 12th Avenue North to 32nd Avenue North. Then north on Cherry Lane North from 32nd Avenue North to 35th Avenue North. Then north along the west lot line of lot 21, block 1 of Van Raden’s 4th Addition. Then north through unplatted land to the Red River of the North.

COMPRISING (Section 2):
Lot 4, Block 1.
Lots 1 and 7, Block 2.
Lot 1, Block 3.
All in Edgewood 1st Addition.

Lots 1 & 8 through 16, Block 3.
Lots 1 & 18 through 20, Block 4.
Lots 1 through 16, Block 5.
Lots 1 through 6, Block 6.
Lots 1 through 8, Block 7.
Lots 1 through 3, Block 8.
All in Oral A. Holm Addition.

Lot 1, Block 1, Sunrise Addition.

Lots 12 through 24, Block 5.
Lots 1 through 26, Block 6.
Lots 1 through 14, Block 7.
All in North Park Addition.

COMPRISING (Section 3):
Lot 3, Block 1, West Acres Business Park 2nd Addition.

Lots 3 through 7, Block 1.
Lot 3, Block 2.
All in West Acres Business Park 3rd Addition.

Lots 1 through 3, Block 1, West Acres Business Park 4th Addition.

Lots 4 & 5, Block 8, West Acres 4th Addition.

Lot 1, Block 1, West Acres Business Park 7th Addition.

Lots 1 & 2, Block 1, West Acres Business Park 10th Addition.

Lot 1, Block 1, Crop Growers Subdivision.

Lot 2, Block 1, Kelly Prairie Pasta Addition.

Lots 1 & 2, Block 1, GRB Subway Properties Addition.

COMPRISING (Section 4):
Lots 1 through 21, Block 1.
Lots 1 through 4, Block 3.
Lots 5 through 11, Block 4.
Lots 22 through 34, Block 8.
All in South View Villages.

Lots 1 through 10 & 27, Block 2B.
Lots 2 and 3, Block 5A.
Lots 1 through 4, Block 5C.
All in Replats of South View Villages.

Lot 1, Block 1, Fargo South Addition.

COMPRISING (Section 5):
Lots 10 through 13, Block 6.
Lots 29 through 34, Block 6.
Lots 7 through 18, Block 7.
Lots 1 through 18, Block 8.
Lots 1 through 54, Block 9.
Lots 1 through 16, Block 10.
Lots 1 through 14, Block 11.
All in Ruby Dell Schnell Addition.

Lots 10 through 20, Block 5A.
Lots 14 through 33, Block 6A.
Lots 1 through 7, Block 7A.
All in Replat of Ruby Dell Schnell Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Asphalt Mill and Overlay Improvement District No. PR-21-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. PR-21-C:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PR-21-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 $2,928,391.52.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. PR-21-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. PR-21-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. PR-21-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 Asphalt Mill and Overlay 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 Asphalt Mill and Overlay Improvement District No. PR-21-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 a portion of said Asphalt Mill and Overlay improvement is to be paid from State and Local Funds, and approximately 50% 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 Asphalt Mill and Overlay 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. PR-21-C:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. PR-21-C in the City of Fargo, North Dakota.

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

Contract for P.C. Concrete Alley Paving, Water Main and Incidentals Improvement District No. AN-20-E1 Approved:
Commissioner Preston moved the Contract between the City of Fargo and Key Contracting, Inc. for P.C. Concrete Alley Paving, Water Main and Incidentals Improvement District No. AN-20-E1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for P.C. Concrete Alley Paving, Water Main and Incidentals Improvement District No. AN-20-E1 Approved:
Commissioner Preston moved the following described Contract Bond be approved as to sufficiency:
Western Surety Company, in the amount of $146,560.00, for P.C. Concrete Alley Paving, Water Main and Incidentals Improvement District No. AN-20-E1 in the City of Fargo, North Dakota.

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

Resident Comments:
Alexander Simon and Kristina Klinkhammer spoke on COVID-19 and masks, Christopher Coen spoke about transparency in government.

Application Filed by The White House and Vintage Rental d/b/a The Ivy and Rose Warehouse for an Alcoholic Beverage License Continued to March 22, 2021:
A Hearing had been set for this day and hour on the application filed by The White House and Vintage Rental d/b/a The Ivy and Rose Warehouse for a Class "CW" Alcoholic Beverage License at 22 14 1/2 Street North; however, the applicant is requesting the Hearing be continued.

Commissioner Gehrig moved the Hearing be continued to 5:15 o’clock p.m. on Monday, March 22, 2021.

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 Filed by Adibon African European Cuisine Catering d/b/a Adibon A & E Fusion Cuisine for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Adibon African European Cuisine Catering d/b/a Adibon A & E Fusion Cuisine for a Class "GH" Alcoholic Beverage License at 3017 13th 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.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.

Commissioner Gehrig moved the application be approved.

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.

Resolution Adopted Declaring No Protests on Resolution Annexing 251.10 Acres of Land in Sections 3, 4, and 10, Township 138 North, Range 49 West of the Fifth Principal Meridian:
Assistant Director of Planning and Development Mark Williams said this item is for annexation of approximately 251.10 acres in South Fargo and was brought before the Board January 11th, taken to the Planning Commission on February 2nd and found to be consistent with the 2007 Growth Plan. He said this is before the Board tonight to declare no protests and to direct staff to record the document with the Cass County Recorder. He said it includes land for the Sanford project and property owned by North Dakota College of Science and others.

Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, A Resolution of Annexation was published, as required by law, in the official newspaper for the City of Fargo on January 20 and 27, 2021, annexing approximately 251.10 acres of land located in Cass County; and
WHEREAS, The Board of City Commissioners finds and declares that no protests have been filed with the City Auditor's Office after publication of the Annexation Resolution adopted by the Board of City Commissioners on January 11, 2021.
NOW, THEREFORE, BE IT RESOLVED, That the tract of land described in said Resolution of Annexation be and the same is hereby annexed to, made part of and included within the corporate limits of the City of Fargo, Cass County, North Dakota, and that the City Auditor's Office be and is hereby directed to record said annexation plat in the Cass County Recorder’s Office in Fargo, North Dakota.

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

Growth Plan Amendment on Lots 5 and 6, Block 3, South Ridge First Addition Approved:
The Fargo Planning Commission recommended approval of the Amendment to the Growth Plan at their February 2, 2021 meeting.
No written protest or objection to the amendment to the Plan has been received or filed in the Planning and Development Department.
The Board determined that no person is present to protest or offer objection to the Growth Plan amendment.

Commissioner Preston moved the amendment to the Growth Plan be approved.

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

Parcels of Land in South Ridge First Addition Rezoned (2365 and 2445 65th Avenue South):
At a Hearing held on February 2, 2021 the Fargo Planning Commission recommended approval of a change in zoning from MR-3, Multi-Dwelling Residential to LC Limited with a Conditional Overlay on Lots 5 and 6, Block 3, Growth Plan Amendment (Amend the 2007 Tier 1 Southeast Land Use Plan from “Residential Area – Medium to High Density” to “Commercial” for the subject Properties).
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.

In response to a question from Mayor Mahoney asking if the developer’s intent is known, Blake Carlson, Christianson Companies (via conference call), said they do
not have a user for the property yet; however, they feel it is a good place for commercial development and this is the first step.

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 and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

First Reading of an Ordinance Rezoning a Certain Parcel of Land Lying in South Ridge First 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 South Ridge First Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

COVID-19 Update:
Desi Fleming, Director of Fargo Cass Public Health (FCPH) (via conference call), said there are 142 active cases in Cass County, an increase since her update on February 8th. She said the 14-day rolling average positivity rate is 2.35% in Cass County and 2.58% for the State. Hospitalizations remain static, she said; however, there has been a slight increase over the past week. There are 40 individuals hospitalized across the State and there have been 195 deaths in Cass County to date. she said. Although testing numbers are declining across the State, new COVID-19 cases are being seen along with some small cluster outbreaks in the area, she stated. This has been a busy vaccination week, she said, with close to 4,000 doses administered. She said as of now, more than 40,000 vaccines have been given in Cass County across the 69 eligible providers, representing a 13.9 percent first dose coverage rate. FCPH continues to vaccinate in Group 1B in order of priority, she said, along with providing second dose clinics. Last Friday a news release was distributed for those age 65 and older to register through a contact form available through a link on the FCPH homepage, she said. She shared the sequence for Priority Group 1B.

Update from the Greater Fargo Moorhead Economic Development Corporation:
Joe Raso, President of the Greater Fargo Moorhead Economic Development Corporation (GFMEDC), presented a PowerPoint of the 2020 Annual Report and summarized the information in the Board’s packet. He said the four economic inputs to the regional economy are transfer payments (retirees and government), tourism, higher education and primary sector. He said primary sector businesses are defined as those that do not need to be here to serve their client. A number of goals have been set for the organization over the last three years, he said, including project completion, investment goals, job creation and company expansions. He outlined the Growth Initiative Fund, which supports growth in the local economy and is focused on the primary sector companies, he said, and has supported childcare facilities and affordable housing developments. He said the impacts of the initial investments have been substantial and felt across all the communities. He said key nonprofit partners are Fueling our Future, Valley Prosperity Partnership and Emerging Prairie.

In response to a question from Commissioner Piepkorn asking for clarification on criticism about transparency as in the case of the Amazon project not being announced when proposed, Mr. Raso said there can be competitive issues or aspects of decisions that companies choose not to release until it goes through a public process. He said in the case of Amazon, many clients are required to sign non-disclosure agreements so information cannot be released until given permission. He said often companies are looking at more than one location and decisions are considered at regional levels, and later honed in looking at the best site, workforce and speed to market. For this project, it was speed to market more than anything else, he stated.

Commissioner Piepkorn said it is important for the public to know that even though Fargo is a partner, it is too small to do economic development on its own, which is why it is important that Cass County, Moorhead and others participate for greater impact. He said having Mr. Raso in his position and being an excellent leader has made a huge difference in recent years.

In response to a question from Commissioner Strand asking about the Career Workforce Academy, Mr. Raso said there was a decision from the Economic Development Administration and the Department of Commerce to support it and there has been about $22 million raised between the County, City, private and federal funds. He said he would encourage people to reach out to State Representatives to communicate the importance of the State’s engagement in it as well. Career Workforce Academies offer the ability for high school students and others to get exposed and experience careers they may be interested in, he said, and at graduation could even have an associate’s degree or be working in that field. He said there are 7,000 across the US and have been in place 30 to 40 years, so it is not a new concept. He said to build one here, along with the one in Moorhead, will give students and their families an understanding of what opportunities there are much earlier in their educational experience.

In response to a question from Commissioner Strand asking about the impact of the FM Diversion Project, Mr. Raso said primary sector businesses are concerned about natural disasters affecting them in a negative way, so it is critical to have flood protection. He said as far as workforce impact, he said there will be about 7,000 jobs over the next 6 years as the Diversion is built. He said he feels this market is big enough to absorb it, although there may be challenges with existing firms having employees pulled away. He said there is a long-term opportunity to have people coming here to work for a few years be communicated with that this is a place to stay, live and build their family.

Update on the North Broadway Bridge:
City Engineer Brenda Derrig said the North Broadway Bridge is now closed and traffic is detoured. The North Broadway Bridge was constructed in 1990 and is a typical 3-span bridge, she said and the north pier is the pier that is moving. She said in the mid-90s it was found to be tilting south towards the river and to correct it the City and Clay County completed a project adding to the pier to provide additional support for the girder due to the movement and added steel rods to hold the top from tilting more. Unfortunately, she said, the ground has continued to move and now has put a bend in that pier. A consultant completed a study in 2020 recommending the pier be monitored and closed if the pier tilted worse, she said, and now there was a recommendation by the bridge engineer to close the bridge due to the worsening tilt. Going forward, she said, they would work with Clay County staff to evaluate options and costs. She said options are to rehabilitate the bridge, replace the bridge at the same or a higher elevation or to remove the bridge. Other items that need to be explored are to examine the Broadway road stability near the end of the Royal Oaks cul-de-sac, examine short and long-term traffic impacts, and gather feedback from affected residents regarding bridge closure on both sides of the river and then return to the Clay County Board and the City Commission with the options to consider.

In response to a question from Commissioner Piepkorn about funding for the bridge, Ms. Derrig said this bridge was out of City limits so MNDOT and NDDOT funding would be looked at. She said the 12th Avenue bridge is a City of Fargo/Moorhead bridge.

Commissioner Piepkorn said he would not support removing that bridge as there would be much more traffic pushed into neighborhoods. He said with the FM Diversion coming in, the necessary bridge height will be known and it will be an opportune time to raise both the Broadway and 12th Avenue bridges so they are good, even when there is high water.

Commissioner Strand said traffic flow and the needs and usages of the bridges must be considered. He said he understands the water level through town will be 37 feet with the Diversion in place and it would be good to have things above that level.

In response to a question from Commissioner Strand asking if pedestrians and bicyclists could still use the bridge, Ms. Derrig said no, due to stability concerns. She said if for some reason there is a failure of the bridge, it will fail immediately and they truly want to keep everything and everyone off of it.

Voting at Home for the 2022 Primary Election Approved:
Commissioner Preston said the ND State Legislature passed a statute in 2017 allowing counties to convert to voting at home (VAH) and since that time, 33 of 50 counties have implemented it for every election. She said voter turnout in the 2018 Primary Election in Fargo was 11 percent of eligible voters and 13 percent in Cass County. Low voter turnout has a far reaching impact on local City Commissions, School and Parks Boards, she said, since those positions are filled in the Primary Election. She said due to coronavirus concerns, Governor Burgum issued an Executive Order requiring all Counties to administer only voting by mail for the 2020 Primary Election and the voter participation rate in Cass County was much higher at 20 percent. Since the voter participation is considerably lower for Primary Elections, she said, the largest increase in participation with VAH happens with the Primary Election. For the 2018 ND Primary Election, she said, the participation rate for VAH counties was 30.73 percent and for non-VAH counties was 17.07 percent. An analysis of all the studies done on voting practices found voting by mail increases turnout, she said, and since City, Park Board and School Board are decided in the Primary Elections, it is important to encourage voter participation to the greatest extent possible. A decision to administer future elections with VAH for the entire County is a County decision, she said; however, the City contracts with the County to administer the City election and can work with the County to implement VAH in the City. She said she proposes the Commission designate Commissioners and staff to work with the County to implement voting by mail for the 2022 June City election. She said the steps would include sending out absentee voter applications, ensuring there is at least one site for in-person voting on Election Day and additional in-person early voting sites, providing secure drop boxes for people to hand deliver ballots and investigate the success of applications and ballots delivered to voters in the 2020 election.

Commissioner Preston moved a Commissioner or Commissioners be designated to work with the County to implement Voting at Home for the 2022 Primary Election and present a report to the City Commission at the first meeting in June 2021 on progress being made.

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

Commissioner Piepkorn said this is complementary, there would still be in-person voting and hopefully this would make it easier for more people. Obviously, City Auditor Steve Sprague will be involved, he said, and with the consent of the Board, he would like to participate.
Mayor Mahoney said he would designate Commissioner Piepkorn and Commissioner Preston to participate.

At 6:08 p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Discussion on a Proposal to Remove the 100-Foot Rule and Expansion of the Class “B” Alcoholic Beverage License:
City Auditor Steve Sprague said the Liquor Control Board brought forward a request from Commissioner Gehrig to look at removing the 100-foot rule and expanding the Class “B” Alcoholic Beverage License. He said the 100-foot rule for off-sale businesses may go back to when convenience stores were becoming popular in the 1970’s and he feels there may have been concerns about impressions given by the ability to buy alcohol in a store, then get in and drive away. He said there was discussion as to whether those reasons are still appropriate today.

Commissioner Gehrig said no one is suggesting selling beer and wine in gas stations. This rule is preempting future business, he said, one version of the reason Costco went to West Fargo was due to Fargo not allowing a liquor store within its building. The license is also dramatically limited, he said, in that even if the 100-foot rule is changed, there are no off-sale alcoholic beverage licenses available. Fargo has one off-sale store for about every 10,000 people, he said, while Grand Forks has something like one for every 2,500 people. The rule is arbitrary, he said, the reason it was put in place is not a concern anymore, and the rule preempts future business. He said one argument he heard was that if Fargo allows more business, it hurts existing businesses. He said that would be protectionism, which is not the role of local government nor a good excuse to preempt future business. Competition is a good thing, he said, and the free market works.

Commissioner Gehrig moved the 100-foot separation restriction relating to off-sale liquor licenses be removed.
The motion died for lack of a second.

Commissioner Strand said he would like to know the recommendation of the Liquor Control Board.

Commissioner Piepkorn said it would be good to bring the topic back to the Liquor Control Board to make sure it is publicly promoted and to find out what the license holders and citizens think.

Commissioner Gehrig moved the limit on the number of Class “B” Alcoholic Beverage Licenses be removed.
The motion died for lack of a second.

Policy for Interaction with the State Legislature Approved:
Mayor Mahoney said the Board has two options in front of them, one from Commissioner Gehrig and another he found that was drafted four years ago and not acted on. He said he is asking the Commissioners for their preference.

City Attorney Erik Johnson said he drafted both policies. He said they are virtually identical in the sense they contemplate that staff puts together recommendations. He said Commissioner Gehrig’s proposal specifically lays out, as does the first paragraph of the Mayor’s proposed policy, allowing a Commissioner to pull a Bill from the list for discussion and possible vote, the position being whether to authorize the Department heads or staff members to testify in accordance with what they feel is appropriate. The added item in the Mayor’s option talks about the concept of individual Commissioners going to the State Legislature and stating whether they represent the City, meaning a majority position, or whether they are taking a position at odds and speaking as an individual. He said it is a matter of staff submitting a list and the list being approved. He shared the list of staff’s testimony thus far which that indicates Bill number, Department, testimony type, status and position.

Mayor Mahoney said 800 bills were introduced and the example shows it isolated down to 28 bills to support or oppose. He said with the session near crossover much depends on which way the House or Senate voted and then there are some other bills that come up as the process goes through. He said the list would be published as part of the Consent Agenda and the Board could agree or not, or they could pull items out for discussion on the Regular Agenda.

Commissioner Gehrig said he does not see a big difference, it looks like in general, he and the mayor agree. He said proposal would be as follows:
1. This list, containing the City staff's recommended position (i.e. opposed, support or monitor), will be presented on the Regular Agenda.
2. The Chair will ask if any of the Commissioners wish to "pull" any of the bills on the list for a separate motion regarding the official position of the City on such bill or bills. Any of the listed bills must be pulled upon the request of the Mayor or any individual Commissioner.
3. "Pulled" Bills. The City Commission would first take up the matter of the "pulled" bills, either individually or in groups as determined by the Commissioners, for motion, second and discussion as to whether the City Commission wishes to modify or reverse the proposed position suggested by City staff. With respect to such "pulled" bills, to the extent that action is not taken by the City Commission on a particular bill, whether by failure of a motion to be made, failure of a 2nd of the motion to be made, or failure of a motion to receive sufficient number of votes to result in a determination, such bill will be returned to the "consent list" with action to be taken accordingly.
4. Consent List of Bills. With respect to those bills on the list that either have not been "pulled" or have been "pulled" but no action was taken, as described above.
5. During the early days of a legislative session, the above-described process may need to occur more than once to address bills as they are introduced and as they are being acted upon by the Legislature; however, at some point in time during each Legislative session (once the bill-introduction deadlines have expired), the City staff members will have had the opportunity to review and comment upon all the bills affecting the City, and will have identified which bills to be monitored, supported or opposed (or even opposed unless modified, for example). At that point in time, all of such bills will have been presented to the City Commission for review as described herein and no further City Commission review or action need be taken except as circumstances may require, such as a hoghouse amendment or the like.

Mayor Mahoney said the question would be whether to put the item on the Consent Agenda, his option does not include that. He said his proposal would be as follows:
• Staff may recommend City position. City Department heads and other staff members who monitor bills, Resolutions and other activities that occur during the North Dakota Legislative Session and who typically prepare a summary of Bills and Resolutions before the Legislature that may affect the City of Fargo may periodically present to the City Commission a list of such Bills and Resolutions and such list may include the staff’s suggestion as to whether or not the City of Fargo should support, oppose or monitor the particular bill or Resolution. Department heads of the City are authorized to present testimony to the Legislature consistent with the staff recommendation unless the City Commission by vote has determined to take a different position.
• Any Commissioner may pull an item from the list for discussion and vote. In considering said list of Bills and Resolutions, along with the recommendation of staff, any City Commissioner may request that a Bill or Resolution be pulled from the list for separate discussion or consideration by the City Commission. If the matter is voted upon, the position established by simple majority vote shall be the official position of the City of Fargo on the matter.
• Disclosure to Legislature by Commissioners. Individual Commissioners, when interacting with the Legislature or with individual Legislators must make clear whether they are representing the City of Fargo or whether they are speaking and acting as an individual.

Commissioner Gehrig moved that the options be combined into a hybrid that includes placing a list of bills on the Consent Agenda and include the wording from the Mayor’s option on the Disclosure to the Legislature.
Second by Preston.

Commissioner Strand said this is a valuable discussion that happens every two years and commonly ends up deciding to not censor or stifle voices. He said he has problems with the process due to taking a little moment in time, and everything is fluid with the Legislature. He said he is hesitant to put a rubber stamp or vote on something that may change tomorrow or be amended the next day. He said he would not recommend an up or down vote on Legislative topics on the Consent Agenda and he feels the Board needs to concentrate on City issues and if Commissioner Gehrig wants to go to Bismarck, he would say to go and take his voice out there. When there is a bill or something a Commissioner wants to alert the Board to, they can do it, he said; however, only if someone decides in their best judgement it is something that should be done at the Commission level.

Commissioner Gehrig said he does not disagree, the bills change and it is hard to keep track of them all. The reality is that it is happening, he said, and people are being sent to the Legislature and he does not know what they are saying or if he agrees. He said there is a need for a structure so it is transparent.

Commissioner Strand moved to amend the motion to remove the requirement that the list be placed on the Consent Agenda for approval.
Second by Piepkorn.

Mayor Mahoney said that means the proposals will be combined; however, the list would not be on the Consent Agenda, if a Commissioner had an issue with a bill they would place it on the Agenda.

Commissioner Preston said staff would have more assurance if it were on the Consent Agenda, knowing the Board has looked at the list of Bills and are okay with it.
On call of the roll Commissioners Strand, Piepkorn and Mahoney voted aye.
Commissioners Gehrig and Preston voted nay.
The motion was declared carried.

On call of the roll on the original motion as amended Commissioners Gehrig, Preston, Strand and Mahoney voted aye.
Commissioner Piepkorn voted nay.
The motion was declared carried.

Commissioner Strand said he is the liaison to the Human Relations Commission and he wants the Board to be aware of an issue they are concerned about and have taken a stand on. He said they have also reached out to the School District and it concerns the legislation for transgender children, HB 1298.

Planning Director Nicole Crutchfield said HB 1298 basically targets transgender student athletes. She said the mission of the Human Relations Commission is to promote acceptance and respect for diversity and acceptance of identity, so the Human Relations Commission sees the Bill as contrary to that mission and would like to bring their knowledge and expertise to provide testimony.

Mayor Mahoney said the bill has taken on some over-reaches, which may not have been intended; however, it places restrictions in public buildings such as the FARGODOME.

Commissioner Strand said he is not calling for an action; he brought it to the Board for awareness.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Erik and Lisa Nordeng, 1608-1610 8th Street North (5 year).
b. Michael A. Hanson, 1802 13th Avenue South (5 year).
c. Rodney and Karen Hardie, 2472 Lilac Lane North (5 year).

Commissioner Piepkorn moved the applications be approved.

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

Public At-Large Appointments to the Sustainability and Resiliency Committee Approved:
The Board received a communication from Mayor Mahoney recommending that Casey Steele, Greta Gramig and Jennifer Sweatman be appointed as public at-large members of the Sustainability and Resiliency Committee.

Commissioner Preston moved Casey Steele, Greta Gramig and Jennifer Sweatman be appointed as public at-large members of the Sustainability and Resiliency Committee.

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

Extension of the Requirements of Ordinance 25-1512 to Irish Hospitality, LLC d/b/a Hennessy’s Irish Pub Delayed Until March 8, 2021 (Moved from the Consent Agenda):
City Auditor Steve Sprague said when he made the proprietor aware that the extension would be discussed on the Regular Agenda, they stated they were not able to attend and requested that the item be delayed two weeks in order for their representative to attend the meeting.

Commissioner Preston moved the extension of the requirements of Ordinance 25-1512 to Irish Hospitality, LLC d/b/a Hennessy’s Irish Pub be delayed until March 8, 2021.

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

Commissioner Preston moved that the Board adjourn to 5:00 o’clock p.m., Monday, March 8, 2021.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:40 o’clock p.m.