Far More is Happening Here

Fargo City Commission - June 1, 2021

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Room at City Hall at 5:00 o'clock p.m., Tuesday, June 1, 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: As of May 27th, Fargo Cass Public Health (FCPH) has administered 47,017 doses of COVID-19 vaccine; coronavirus in the community is more manageable now, yet the virus is still present and those who are eligible should get the vaccine; the Library is gearing up to host the annual Summer Reading Challenge for all ages starting June 7th; a Virtual Pet Show and Tell event with a game of Bingo is June 9th at the Library; an author visit by Jack Zaleski is June 10th featuring his new book “Forum Communications Company: A Narrative History 1980-2018;” Human Resources Manager Jennifer Lyon passed away on May 28th; Public Works Streets Supervisor Lee Anderson is retiring on June 3rd; an electrical vehicle (EV) charging station has been installed in the west parking lot of City Hall; and a video was shown featuring the Fargo Fire Department’s newly sworn in firefighters.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved, moving Item No. “1” from the Consent Agenda to the Regular Agenda.

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

Minutes Approved:
Commissioner Preston moved that the Minutes of the Regular Meeting of the Board held on May 17, 2021 be approved as read.

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

Consent Agenda Approved:
Commissioner Strand moved the Consent Agenda be approved as follows:
1. Receive and file an Ordinance Repealing Article 12-04 of Chapter 12 of the Fargo Municipal Code Relating to Wildlife Management Program-Regulations (moved to the Regular Agenda).
2. 2nd reading and final adoption of the following Ordinances; 1st reading on 5/17/21:
a. Rezoning a Certain Parcel of Land Lying in 220 Addition to the City of Fargo, Cass County, North Dakota.
b. Rezoning Certain Parcels of Land Lying in EOLA Addition to the City of Fargo, Cass County, North Dakota.
c. Rezoning Certain Parcels of Land Lying in Golden Valley Fifth Addition to the City of Fargo, Cass County, North Dakota.
d. Rezoning Certain Parcels of Land Lying in Sanford Addition to the City of Fargo, Cass County, North Dakota.
3. Findings of Fact, Order and Notice of Entry of Order for property at 1343 2nd Avenue South.
4. Findings of Fact, Order and Notice of Entry of Order for property at 1426 4th Avenue North.
5. Site Authorizations for Games of Chance.
a. North Dakota Association for the Disabled, Inc. at Cowboy Jack’s, O’Kelly’s and Bulldog Tap.
b. Metro Sports Foundation at Brewtus Clubhouse, Mexican Village, Radisson Blu and Scheels Arena.
c. Special Olympics of North Dakota at Rooters Bar.
d. Sharehouse, Inc. at Ricks Bar, Bismarck Tavern, Baymont Inn/Alibi Lounge, The RoundUp Saloon and Woody’s.
6. Applications for Games of Chance.
a. Grand Chapter Order of the Eastern Star Foundation, Inc. for a raffle on 6/9/22.
b. AO1 Foundation for a raffle on 6/26/21.
7. Policy on Storm Water Discharge and Treatment Requirements – April 2021.
8. License Agreement with Nichole’s Fine Pastry, LLC for outdoor dining at 13 8th Street South.
9. Encroachment Agreement (Sidewalk Dining) with Block 9 Partners, LLC and Aparium Hotel Group, LLC for outdoor dining at 215 Broadway.
10. License Agreement with the Downtown Community Partnership for Al Fresco dining.
11. Amendment (First) to Right of Way Use Agreement with Great Plains 1001 Holdings, LLC and Bakken Contracting Co, LLC.
12. Bid award to JDP Electric for the replacement of the Fire Alarm System at the FARGODOME (RFP21103).
13. Bid award to Ticketmaster for ticketing provider at the FARGODOME and the Civic Center (RFP21088).
14. State Water Commission request for cost reimbursement for the FM Metro Area Flood Risk Management Project for costs totaling $4,262,543.72.
15. Purchase of Service Agreement with Mapleton Public School District for the 2021-2022 school year.
16. Agreement for Services with Casey Hallwachs.
17. Agreement for Physician Services with Dr. Tracie Newman.
18. Agreement with Camila Van Dyke for the Contract Human Resources Manager position.
19. Set June 14, 2021 at 5:15 p.m. as the date and time for a Hearing on a dangerous building at 1033 5th Street North.
20. Owner Agreement with Elliott Place Four, LLLP to commit HOME Investment Partnership (HOME) Funds for a new construction project at 4462 30th Avenue South.
21. Rebate Grant Agreement with the North Dakota Department of Environmental Quality, Air Quality Division.
22. Bid award to Clean Harbors Environmental Services, Inc. for the recycling and disposal of chemicals and Green Lights Recycling, Inc. for electronics and fluorescent bulb disposal services for Household Hazardous Waste Services (RFP21077).
23. Amendment to Joint Powers Agreement for Transit Support with NDSU and Agreement for Transit Services with NDSU.
24. Bid award to Gast Construction in the amount of $1,772,000.00 with four alternates for the GTC Exterior Renovation project (AFB21101).
25. North Dakota Department of Transportation Amendments to Contract Nos. 38190961A, 38190960C, 38190973A, 38190959A and 38190306A.
26. Contract and bond for Project No. FM-19-B1.
27. Bills in the amount of $9,434,485.99.

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

Amended Engineer’s Report for Improvement District No. PR-21-F Approved:
The Board received an Amended Engineer’s Report from Assistant City Engineer Tom Knakmuhs for Concrete Paving Rehab/Reconstruction Improvement District No. PR-21-F.
Commissioner Strand moved the Amended Engineer’s Report for Concrete Paving Rehab/Reconstruction Improvement District No. PR-21-F be approved.

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

Purchase Agreement with Dabbert Custom Homes LLC Approved (Improvement District Nos. UN-20-B1 and PN-20-B1):
The Board received a communication from Land Acquisition Specialist Shawn Bullinger stating a final purchase price has been reached for acquisition of Permanent Street Right of Way in association with Improvement District Nos. UN-20-B1 and
PN-20-B1.
Commissioner Strand moved the Purchase Agreement with Dabbert Custom Homes LLC in association with Improvement District Nos. UN-20-B1 and PN-20-B1 be approved.

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

Easements (Temporary Construction Easements) with Riviera Heights, LLC Approved (Improvement District No. BN-20-A0):
Commissioner Strand moved the (two) Easements (Temporary Construction Easements) with Riviera Heights, LLC in association with Improvement District No. BN-20-A0 be approved.

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

Change Order No. 2 for Improvement District No. BN-20-L1 Approved:
Commissioner Strand moved Change Order No. 2 for an increase of $52,064.45 for Improvement District No. BN-20-L1 be approved.

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

Cost Participation, Construction and Maintenance Agreement with the NDDOT for Improvement District No. QN-23-A1 Approved:
The Board received a Report of Action from the Public Works Projects Evaluation Committee regarding a Cost Participation, Construction and Maintenance Agreement with NDDOT for construction of a pedestrian/bicycle bridge over the street and floodwall on 2nd Street North.
Commissioner Strand moved the Cost Participation, Construction and Maintenance Agreement with the NDDOT in association with Improvement District No. QN-23-A1 be approved.

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

No Protests Received for Alley Paving Improvement District No. AN-20-C1:
The Statutory Resolution of Necessity for the construction of Alley Paving Improvement District No. AN-20-C1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on April 28 and May 5, 2021 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Strand moved that the Board declare that no protests have been filed to the construction of Alley Paving Improvement District No. AN-20-C1.

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

Bids Received for Alley Paving Improvement District No. AN-20-C1:
The bids for Alley Paving Improvement District No. AN-20-C1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., May 26, 2021 and the bids were found to be as follows:

Dirt Dynamics, LLC Fargo, ND
Bid: $68,816.00

Master Construction Company, Inc. Fargo, ND
Bid: $75,000.00

Key Contracting, Inc. West Fargo, ND
Bid: $88,996.00

Northern Improvement Company Fargo, ND
Bid: $94,804.00

Contract for Alley Paving Improvement District No. AN-20-C1 Awarded to Dirt Dynamics, LLC in the Amount of $68,816.00:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Alley Paving Improvement District No. AN-20-C1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 26, 2021 for Alley Paving Improvement District No. AN-20-C1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Alley Paving Improvement District No. AN-20-C1 shows the bid of Dirt Dynamics, LLC of Fargo, North Dakota, in the sum of $68,816.00 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Dirt Dynamics, LLC in the sum of $68,816.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Alley Paving Improvement District No. AN-20-C1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dirt Dynamics, LLC for the sum of $68,816.00, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

Second by Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Strand, Gehrig, 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-21-J1:
The Statutory Resolution of Necessity for the construction of New Paving and Utility Construction Improvement District No. BN-21-J1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on April 28 and May 5, 2021 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Strand moved that the Board declare that no protests have been filed to the construction of New Paving and Utility Construction Improvement District No. BN-21-J1.

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

Bids Received for New Paving and Utility Construction Improvement District No. BN-21-J1:
The bids for New Paving and Utility Construction Improvement District No. BN-21-J1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m.,
May 26, 2021 and the bids were found to be as follows:

Master Construction Company, Inc. Fargo, ND
Bid: $398,398.98

Fox Underground, Inc. West Fargo, ND
Bid: $412,046.95

Northern Improvement Company Fargo, ND
Bid: $425,456.35

Key Contracting, Inc. West Fargo, ND
Bid: $441,939.95

Dakota Underground Company Fargo, ND
Bid: $469,158.27

FM Asphalt, LLC Moorhead, MN
Bid: $497,661.20

Ryan Contracting Company Elko, MN
Bid: $512,751.58

Sellin Brothers, Inc. Hawley, MN
Bid: $595,042.95

Contract for New Paving and Utility Construction Improvement District No. BN-21-J1 Awarded to Master Construction Company, Inc. in the Amount of $398,398.98:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of New Paving and Utility Construction Improvement District
No. BN-21-J1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 26, 2021 for New Paving and Utility Construction Improvement District No. BN-21-J1 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-J1 shows the bid of Master Construction Company, Inc. of Fargo, North Dakota, in the sum of $398,398.98 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 Master Construction Company, Inc. in the sum of $398,398.98 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-J1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Master Construction Company, Inc. for the sum of $398,398.98, 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.

Street Lighting and Incidentals Improvement District No. SL-21-B1: Protests Received and Declared Insufficient:
The Statutory Resolution of Necessity for the construction of Street Lighting and Incidentals Improvement District No. SL-21-B1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on April 14 and 21, 2021 and protests representing 5.8 percent of the legal protest area have been received and filed in the office of the City Auditor within the legal protest period.
Commissioner Strand moved the protests be received and filed and declared insufficient.

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

Bids Received for Street Lighting and Incidentals Improvement District No. SL-21-B1:
The bids for Street Lighting and Incidentals Improvement District No. SL-21-B1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., May 12, 2021 and the bids were found to be as follows:

Fargo Electric Construction, Inc. Fargo, ND
Bid: $1,016,036.30

Strata Corporation Grand Forks, ND
Bid: $1,108,031.80

Parsons Electric Fargo, ND
Bid: $1,290,323.90

Contract for Street Lighting and Incidentals Improvement District No. SL-21-B1 Awarded to Fargo Electric Construction, Inc. in the Amount of $1,016,036.30:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Street Lighting and Incidentals Improvement District
No. SL-21-B1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 12, 2021 for Street Lighting and Incidentals Improvement District No. SL-21-B1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Street Lighting and Incidentals Improvement District No. SL-21-B1 shows the bid of Fargo Electric Construction, Inc. of Fargo, North Dakota, in the sum of $1,016,036.30 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 Fargo Electric Construction, Inc. in the sum of $1,016,036.30 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Street Lighting and Incidentals Improvement District No. SL-21-B1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Fargo Electric Construction, Inc. for the sum of $1,016,036.30, 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.

Alley Paving Improvement District No. AN-21-A (Roberts 2nd Addition):
Commissioner Strand moved the following action be taken in connection with Alley Paving Improvement District No. AN-21-A:

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

The North 300 feet from Northern Pacific Avenue to 1st Avenue North and the West half between 10th Street North and 11th Street North.

COMPRISING:
Lots 1 through 12, inclusive, Block 25.
Lots 1 through 12, inclusive, Block 26.
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 Alley Paving Improvement District No. AN-21-A in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost from the City Engineer for Improvement District No. AN-21-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. AN-21-A 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 $172,161.60.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. AN-21-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. AN-21-A in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. AN-21-A in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Alley Paving Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Alley Paving Improvement District No. AN-21-A 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 Alley Paving improvement is to be paid from State and Local Funds, and approximately 96% 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 Alley Paving 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. AN-21-A:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. AN-21-A in the City of Fargo, North Dakota.

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

Contract for New Paving and Utility Construction Improvement District No. BN-21-B1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and Dirt Dynamics, LLC for New Paving and Utility Construction Improvement District
No. BN-21-B1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for New Paving and Utility Construction Improvement District No. BN-21-B1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
RLI Insurance Company, in the amount of $2,799,768.66, for New Paving and Utility Construction Improvement District No. BN-21-B1 in the City of Fargo, North Dakota.

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

Contract for Asphalt Paving Rehab/Reconstruction Improvement District No. PR-21-G1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and Border States Paving, Inc. for Asphalt Paving Rehab/Reconstruction Improvement District No. PR-21-G1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for Asphalt Paving Rehab/Reconstruction Improvement District No. PR-21-G1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
Liberty Mutual Insurance Company, in the amount of $344,666.15, for Asphalt Paving Rehab/Reconstruction Improvement District No. PR-21-G1 in the City of Fargo, North Dakota.

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

Resident Comments:
Branden Krieger spoke about City issues; Christopher Coen spoke about public art; Wess Philome spoke about progress in the City; and Bjern Soine spoke about hate crimes.

Amendments to the 2020 Action Plan Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) Plan Approved:
A Hearing had been set for this day and hour to consider amendments to the Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) activities in the 2020 Action Plan.
Community Development Planning Coordinator Tia Braseth said as per notification from the developer, acquisition of the previously proposed site was unsuccessful; therefore, a previously identified source of funding for this project will be removed and the associated activity will be canceled. She said the allocation of $46,000.00 in CDBG funds to the “Affordable Single-Family Housing for Ownership” project will be removed and the activity located in the 1000 block of 10th Street North will be canceled which was initially approved at 5/17/2021 City Commission meeting. She said another location of one housing unit has been identified and is located at 1412 1st Avenue South and the activity will include acquisition, demolition and new construction of a single family home. The proposed HOME allocation for this site is not currently known, she said; however, the Affordable Single-Family Housing for Ownership activity for Cass Clay Community Land Trust has been previously approved for up to $200,000.00.
Commissioner Preston offered the following Resolution, entitled “Resolution Approving Amendments to the Community Development Block Grant (CBDG)/Home 2020 Action Plan” and referred to as “Attachment A,” and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, The City of Fargo receives Community Development Block Grant (CDBG)/HOME funds from United States Department of Housing and Urban Development (HUD); and
WHEREAS, In compliance with federal regulations, the City of Fargo has amended its CDBG/HOME 2020 Action Plan to make available housing and community development resources that primarily address the needs of low to moderate income persons in Fargo; and
WHEREAS, The City of Fargo has conducted a required citizen participation process including a draft publication of the amendments, a public hearing and a minimum 5-day public comment period as temporarily allowed through HUD waivers related to COVID-19.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Fargo, North Dakota that the Mayor is herein authorized and directed to submit the amended plans to HUD and enter into and execute contracts and other documents as necessary to effectuate activities identified in the revised plan.

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

Hearing on an Application filed by Jay’s Smokin’ BBQ, LLC d/b/a Jays Smokin’ BBQ for a Class “GH” Alcoholic Beverage License Continued to June 28, 2021:
A Hearing had been set for this date and hour on the application filed by Jay’s Smokin’ BBQ, LLC d/b/a Jays Smokin’ BBQ for a Class “GH” Alcoholic Beverage License at 1322 Main Avenue; however, City Auditor Steve Sprague has asked that this hearing be continued to June 28, 2021, after which the new Liquor Control Board has met.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on Monday, June 28, 2021.

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.

Hearing on an Application filed by TC Entertainment LLC d/b/a KingPinz for a Class “FA-Entertainment” Alcoholic Beverage License Continued to June 28, 2021:
A Hearing had been set for this date and hour on the application filed by TC Entertainment LLC d/b/a KingPinz for a Class “FA-Entertainment” Alcoholic Beverage License at 3485 Jacks Way; however, City Auditor Steve Sprague has asked that this hearing be continued to June 28, 2021, after which the new Liquor Control Board has met.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on Monday, June 28, 2021.

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.

Ordinances Relating to Public Safety, Morals and Welfare (Hate Crimes) Received and Filed:
Assistant City Attorney Nancy Morris said the new proposed Ordinances add the same or similar language proposed in State legislation, specifically that the illegal conduct occurred "because of” the victim's perceived or actual protected characteristic. In other words, she said, the person committing the crime did so in whole or in part because of the victim's actual or perceived race, color, religion, gender, disability, sexual orientation, gender identity, national origin or ancestry. She said the motive for committing the crime is not generally an element of an offense. If the hate crime is charged, she said, the reason the crime is committed becomes an element of the offense and the prosecutor must prove all elements of the offense beyond a reasonable doubt in order to secure a conviction. The element is not that the victim is a member of a protected class, she said; rather, the perpetrator's reason for committing the underlying crime was due to the fact that the victim is, or is perceived to be, a member of a protected class. The highest offense a municipality may charge is a Class B misdemeanor, she stated, which carries a maximum penalty of a fine of $1,500.00 and 30 days in jail. These additional crimes carry the same punishment as the underlying crimes of simple assault, harassment and criminal mischief, she said.
Arden Light, Avalon Fyreheart, Wess Philome, Faith Dixon, Barry Nelson, Cheryl Miller, Clara Derby and others spoke in favor of the Ordinances.
In response to a question from Commissioner Piepkorn asking what is the maximum conviction if somebody is convicted of this, Ms. Morris said a Class B misdemeanor is the highest offense that the City of Fargo can impose.
Commissioner Piepkorn said that is a slap on the wrist and if this is such a heinous crime, the punishment should match it.
Commissioner Preston said the State Attorney General declined to give an opinion on the legality of the City law and if this is successful, Fargo will see reporting numbers go up due to the fact that people will be reporting more often. She said it is an issue of safety and security and to live in a community where a person feels safe. She said it is not going to cure everything; however, it is a beginning and there are other activities that need to happen.
Commissioner Gehrig said he believes the speakers and added there was no evidence from other cities that have hate crime Ordinances that the Ordinances fixed the problem. He said there are zero examples where the crime rate went down. He said he understands people want to do this for a good reason; however, the reality is this will not make a difference and will not do anything but divide the city.
Commissioner Preston said nothing in the Ordinances are targeted toward any specific race.
Commissioner Strand urged people from other parts of North Dakota living in small towns who do not feel safe due to harassment or threats to come to Fargo to find a job, start a career and to build up the city's workforce. He said Commissioner Preston held off introducing this Ordinance for fear that the North Dakota Legislature would preempt the City from doing it. He said there are people who are targeted and do not feel safe and Fargo will protect them because the State chooses not to. He said Fargo will be on the right side of history and it is better than nothing.
Commissioner Preston moved to receive and file the following Ordinances: (Criminal Mischief/Hate Crime) An Ordinance Enacting Sections 10-0321.1 of Article 10-03 of Chapter 10 of the Fargo Municipal Code Relating to Public Safety, Morals and Welfare; (Harassment/Hate Crime) An Ordinance Enacting Section 10-0322.1 of Article 10-03 of Chapter 10 of the Fargo Municipal Code Relating to Public Safety, Morals and Welfare; and (Simple Assault/Hate Crime) An Ordinance Enacting Section 10-0323.1 of Article 10-03 of Chapter 10 of the Fargo Municipal Code Relating to Public Safety, Morals and Welfare, and to place the Ordinances on for first reading at the next regularly scheduled City Commission meeting.

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

At 6:05 p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Update from the New President of the Fargo Moorhead West Fargo Chamber of Commerce:
Shannon Full, the new President of the Fargo Moorhead West Fargo Chamber of Commerce (FMWFCC), said she has worked for Chambers of Commerce and in economic development for 21 years in Minnesota, Florida and Wisconsin and in Iowa during the flood of 2008, which caused $6 billion in damage. She had never been to Fargo, she said, yet when she arrived, was pleasantly surprised. She said she brings a passion for public private partnerships and wants to work alongside elected officials and business leaders as a catalyst for growth and prosperity. There are three areas that she would like to talk about, she said, and the first is small business excellence due to the fact that there are almost 2,000 small business owner members in the Chamber, many with 15 employees or less. Second is a new partnership with SCORE that will soon start, she said, as well as a Small Business Council. She said the third area is public policy where she will lobby for pro-business issues including growth and prosperity, housing, the Diversion, workforce, daycare and economic development. She said partnering in policy concerns is her passion and she has had interviews with almost 150 business leaders in the Fargo-Moorhead-West Fargo area whose number one concern was attracting, retaining and developing high quality talent. She said the FMWFCC has many leadership programs, including a young professionals group. Diversity, equity and inclusion is also important to her, she said, and is a new approach to workforce solutions. A leadership retreat on June 30th is planned to talk about issues and opportunities, she said, and she looks forward to more growth and prosperity in the region.

Benefactor Group Professional Fundraising Assessment for the Proposed Performing Arts Center Received and Filed:
The Board received a communication from Assistant City Administrator Michael Redlinger stating that on September 8, 2020, the Board approved a proposal from the Benefactor Group to conduct a Professional Fundraising Assessment for the proposed Performing Arts Center. He said the Benefactor Group was selected following a competitive Request for Proposal process and began their work for the City in September 2020. He said they conducted 36 interviews with community stakeholders and hosted two focus groups.
Laura MacDonald, President of the Benefactor Group, said the assessment method consisted of orientation, formation of the Task Force of close supporters, questionnaires, interviews and discussion groups, followed by a team analysis, a review and models based on donor capacity and self-identified giving. She said potential campaign gifts were divided into four tiers based on donation amounts. Following the interviews, she said, perceptions to the assessment based on comments made showed strengths were in art, the City, the symphony, museums and challenges were people, taxes, money and need. She said in response to the question asking if the interviewee believed the plans described in the preliminary case for support take the City in the right direction, more than 80 percent agreed. In response to a question asking if the interviewee would be willing to participate as a volunteer in the campaign, she said, 26 percent said “yes,” 33 percent were “unsure” and 41 percent said “no.” She said when asked if philanthropic leaders and supporters of arts and culture would contribute to the campaign financially, the answers were about 90 percent “yes.” Those interviewed thought 50 percent of the campaign should be funded by philanthropic contributions, she said, and more than 85 percent said they would likely make a gift to support the campaign. In total, of the 36 people interviewed, she said, 18 were likely to give but were unsure of the amount, 6 said they would give between $15,000.00 and $25,000.00, 4 would give $75,000.00 to $500,000.00 and four said $500,000.00 to $2 million. She said her recommendations are the City prepare for a campaign to secure approximate $25 to $30 million in gifts and pledges to establish a Performing Arts Center. Of note, she said, interview participants expressed interest in recognition associated with specific spaces or features within the Center and naming the Center is distinct from recognition within a building. The timeline now, she said, would be about 6 to 9 months for a preparation phase to finalize public funding sources, identify a fiscal agent, assign campaign management responsibilities and develop a case for support and an operating model. She said then it will take about 18 to 24 months to create the brand and materials, develop gift acceptance and recognition policies, expand the volunteer corps and secure a match or challenge gift. The public launch and community phase would last 6 to 12 months, she said, in order to design broad-based solicitations, conduct a seat campaign and create a Patron Society. For now, she said, the next steps should be to follow up with assessment participants, finalize public funding sources and identify a fiscal agent for charitable contributions.
Commissioner Piepkorn said there are many miles to go; however, these are positive numbers and this is necessary for Fargo. He said in order to attract workforce, amenities are needed and the FARGODOME creates $65 million in economic impact and this Center will be a winner on many levels.
In response to a question from Commissioner Gehrig asking what is the impact of Bluestem, which is about the same size and holds about the same number of people, Ms. MacDonald said young people want a variety of options. Bluestem is seasonal, she said, and a Performing Arts Center in Fargo is a secondary venue that fills a niche not currently filled.
In response to a question from Commissioner Gehrig asking if the Center costs $60 to $70 million and at least half is privately funded, does she think the City can get half through donations, Ms. MacDonald said the top 10 gifts are a strong predictor and the naming opportunity is the way to push it beyond $30 million.
Commissioner Gehrig said what people want and what they are willing to pay are different. He said if the building costs the City $200,000.00 a year, that is taxpayer money that can go to other things. He said the City needs to be sure of funding before it moves further.
In response to a question from Commissioner Strand asking how the Benefactor Group balances the fact that when this started, the pandemic was unfolding and people did not know where this would land when it was over and if the Center would be bigger, smaller, different or happen at all, Ms. Macdonald said fortunately the City now has time to design something in a post-pandemic world. She said she did not hear a lot of anxiety about that issue from those interviewed and all said art would continue to be a vibrant part of the region. She said the City now has an opportunity to work with professional groups that are working on those questions and the City would be wise to avail itself to some of that wisdom.
In response to a question from Commissioner Preston asking what are the next steps, Mr. Redlinger said this will be a long process to talk to donors and at the same time design what should be built. In the 2015 analysis, he said, it was going to be a 2,500 seat space and now some things could be added after thinking about what the future performing arts market will be; therefore, more research is needed before a final design can happen.
In response to a question from Commissioner Preston about bringing back a Task Force, Mr. Redlinger said the City needs to find a new organization to start thinking about the facility users, working on fundraising and what the City should be doing in terms of technical design services. He said those are separate conversations for a later City Commission meeting and tonight this is just receiving and filing the report.
Commissioner Strand suggested that going forward, the City should engage the Arts and Culture Commission as part of the next steps.
Commissioner Piepkorn moved the Benefactor Group Professional Fundraising Assessment for the Proposed Performing Arts Center be received and filed.

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.

Appointment of the Director of Diversity, Equity and Inclusion Approved:
The Board received a communication from Assistant City Administrator Michael Redlinger stating the Diversity, Equity and Inclusion (DEI) Selection Committee completed the final component of the selection process following an interview and presentation with the top five candidates. He said a conditional offer was extended to Terry Hogan and he has successfully completed all aspects of the conditional offer phase.
Human Resources Director Jill Minette provided said Mr. Hogan’s professional experience and background include a PhD in public administration and public policy, 18 years of experience as a professor of sociology and governmental studies at several institutions of higher education in the Chicago area and he has conducted substantial research on issues surrounding diversity, equity and inclusion.
Mr. Hogan (via conference call) said he would like to acknowledge the citizens, the Mayor, the committees and the various stakeholders in the City. He said he is humbled, thankful, grateful and thrilled to be the first Director of Diversity, Equity and Inclusion and looks forward to working with everyone. He said he will assess the opportunities and the challenges in order to make Fargo the best it can be.
In response to a question from Commissioner Piepkorn asking his perspective on critical race theory, Mr. Hogan said the critical race theory came out of the postmodernist era in the mid-1970s by authors Richard Delgado and Kimberle Williams Crenshaw and is still being studied; therefore, it is a non-absolute. He said what it gives credence to is race and racism are social constructs, meaning things that have been developed and that is the premise of the critical race theory, he said. It goes much deeper than that, he said, and he does not have enough time tonight to spend on it; however, the critical race theory is all about the social construct of race and racism and it is a manmade ideology.
In response to a question from Mayor Mahoney asking about his program for the first 90 days, Mr. Hogan said he wants to bridge the gap, build bridges and partnerships with every constituency in Fargo. He said the key is to assess all the opportunities and challenges and he will look into every initiative to see how Fargo can better improve.
Commissioner Gehrig said he had a frank and open discussion with Mr. Hogan and he has a statement, which does not have anything to do with the candidate. He said his first observation was a new DEI director would be responsible for assessing if Fargo is systematically racist and this is a conflict of interest. If Mr. Hogan does not find racism in Fargo, he said, then his job is obsolete and he will lose his six-figure salary; therefore, of course, he will find racism, his job depends on it. He said, in reading the knowledge, skills and abilities (KSA) portion of the job description, he finds the majority of the document to be meaningless word salad. He said for example, one part of the KSA was “lead a collaborative effort to develop innovative and effective strategies that support racial and ethnic inclusion and equality within the community ensuring strategies include the full spectrum of diversity.” What does that mean? he asked. Fargo has limited resources, he said, and this position is taking those resources that would otherwise go to other departments for personnel and equipment and all the City is doing is expanding the size and scope of government. As with the hate crime legislation, he said, there are no examples of cities hiring a DEI director and racism went away. He said there is no way to measure the success of this program; those who believe Fargo is racist will always see Fargo as racist. He said the City will use this to hire new individuals for this office and expand the size and scope of government once again. Fargo is not inherently racist, he said, and this position should not be created. Fargo does not need it, he said.
Commissioner Strand said this is a big night in Fargo, many things are coming together which are going to lead the City toward a new future. He said there is not a more white, homogeneous state than North Dakota and now the world comes to North Dakota and it is up to North Dakota to embrace and receive the world. He said Fargo does not have all the answers; however, there are many questions and he hopes Fargo succeeds so this position is more than a one-year appointment.
Mayor Mahoney said when this position was added to the budget, there was a question of where Fargo is headed and if the City is ready for this. He said many difficult things are going on in the world and he hopes Mr. Hogan does not find racism; however, he knows he will due to the fact that it exists. Mr. Hogan gave the City a 90-day plan of a variety of things he is going to look at and do, and he hopes he helps the City with policy that makes people want to come to Fargo.
Commissioner Preston moved the appointment of Terry Hogan to the position of Director of Diversity, Equity and Inclusion be approved.

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

Resolutions Authorizing Filing of an Application with the North Dakota Department of Environmental Quality for a Loan Under the Clean Water Act and/or the Safe Drinking Water Act Approved:
Solid Waste Utility Director Terry Ludlum said the Solid Waste Division was notified in 2020 that the Landfill Reclamation and Reuse Projects would be eligible for Clean Water State Revolving Loan Funds (CWSRF), which are offered at 2% interest rate for up to 30 years or the useful life of the project. He said the former landfill, located east of the current landfill, has been closed to waste disposal for more than 30 years. During its operation in the 1960s and 1970s, acceptable landfilling methods were utilized, he said; however, with the adoption of the Environmental Protection Agency (EPA) Subtitle D Regulations in the late 1970s, the practices became outdated. He said at that time, landfill cell design parameters and daily operations were adjusted to meet the new regulatory standards. After development of a 2013 Landfill Facility Plan and review of a number of options, he said, it was decided to begin a reclamation and reuse project of the former landfill, which would remove potential environmental liability and provide future permitted air space. He said the 8-cell project is expected to take 20 to 25 years to complete and is being funded through annual Landfill Capital Improvement Funds. A Waste Excavation Project on Cell No. 18 at the previous site was performed as a Pilot Program in 2013 in order to gather more information regarding waste types and quantities and to better understand future construction estimates. With the CWSRF funds, he said, Capital Improvement Project cost projections could be estimated for the next 8-10 years and that overall amount could be requested to be placed on the CWSRF priority list. He said the specific funds would then be requested only as specific projects are performed. The amount budgeted within the Solid Waste Capital Improvement budget would then be the loan payment, he said, which would be consistent from year to year. He said the Water Treatment and Wastewater Treatment Divisions have also utilized the CWSRF for all recent major projects. He said Resolution No. 1 is for engineering services and Resolution No. 2 is for the project construction.
In response to a question from Commissioner Preston asking how projects in 2016, 2018 and 2019 were funded, Mr. Ludlum said those were cash funded from the Solid Waste Capital; therefore, this is the first loan for this project. He said the loan rate is only 2 percent; however, the engineering rate is zero due to the fact that that this is such a unique project they wanted to be able to get it on the list.
Commissioner Piepkorn moved the Resolutions titled “Resolution of Governing Body of Applicant Resolution No. 1” and referred to as Attachment “B” and “Resolution of Governing Body of Application Resolution No. 2” and referred to as Attachment “C,” be adopted and attached hereto.

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

Construction Update:
City Engineer Brenda Derrig said so far this year, there have been no safety incidents and due to good weather a Citywide asphalt crack fill project is complete. Ongoing new development projects, she said, include the 64th Avenue South overpass; 38th Street South; the Southwest Metro Regional Pond; 40th, 44th and 46th Avenues North; and various new housing additions, including Laverne’s, Valley View Estates, Eagle Valley 4th and Golden Valley 4th. Rehabilitation and reconditioning projects, she said, include 7th Avenue North, 11th Street North, North University Drive, a Citywide sidewalk project, asphalt mill and overlay in North Fargo, pavement marking and street light and traffic signal rehab in multiple locations throughout the City. She said flood risk management projects continue, including building a levee east and west of 25th Street North at 52nd Avenue, at the Oak Grove project most removals are complete and the first floodwall footing has been poured and in the Riverwood area, homes are being moved. Upcoming projects include 21st Avenue South from Gold Drive to 15th Street; Madelyn’s Meadows new development; a Citywide seal coat project; and flood risk management projects in Royal Oaks and Elm Circle, she said.
In response to a question from Commissioner Piepkorn asking how many flood buyout homes remain, Ms. Derrig said there are three in the Water Treatment Plant area and two on River Drive.
In response to a question from Commissioner Piepkorn asking about options for the North Broadway Bridge and if it will be reopening soon, Ms. Derrig said the hope was that the bridge could be repaired; however, after working with consultants, the bridge will more than likely have to be reconstructed and will not reopen this year.

Recommended Changes to the Property Tax Exemption Policies Received and Filed:
Strategic Planning Director Jim Gilmour said many of the drafted revised policies for property tax exemptions removed “administrative” and “process” descriptions to focus the policies on goals and objectives and qualification requirements. He said the current tax policies have been in effect since approval by the City Commission on February 25, 2019 and the next review was to occur following the June 2020 City election. Available options for incentives now administered via the Tax Exempt Review Committee, he said, include remodeling, residential new construction, new or expanding business exemption (Payments in Lieu of Taxes), University Mixed-Use PILOT and Tax Increment Financing. The Planning Department offers incentives through the Renaissance Zone and Community Development, he said. The legal authority of the City’s current tax policies are authorized by ND Century Code and the incentives vary based on the number of years and a portion of the value. He said the goals of the current tax policies are
low-income housing, improvements to current structures, new single-family housing, economic development and job creation, housing and redevelopment in the NDSU area, redevelopment of Downtown and Brownfields. and Public-Private Partnership TIF Districts. Property currently under these exemptions in the City, he said, total $6.3 million. He said no changes are recommended to incentives for new housing construction, which include the first $150,000.00 exempt for two years and it applies to core neighborhoods and new subdivisions. With remodeling and additions, he said, all projects would qualify for the 5-year exemption if a building is more than 25 years old. Other changes, he said, include greater emphasis placed on the primary sector, pay and benefits in the first three years, consideration given to the reputation of the company, addition of a review of experience rating regarding worker safety, clearly define when a company is eligible relative to start of lease or construction, scoring will still be under review with the Greater Fargo Moorhead Economic Development Corporation (GFMEDC), who will also work with the City on performance reviews. Recommended changes for core neighborhood housing, he said, include replacing and expanding University Mixed-Use policies, projects must be consistent with land use planning and zoning and greater incentives allowed if affordable housing is included. For Brownfield Redevelopment, he said, developer requests for TIFs will be limited to Brownfields, will continue to require the “but for” test, continue to use TIF Note or special assessments for financing and limit terms to 15 years. He said there are no changes proposed for the base Downtown housing policy; however, greater incentives are possible if affordable housing is included and it will still require the “but for” test. No major changes are recommended for incentives for low-income housing, he said, and exemptions may last up to 20 years if needed. He said there are 11 closed TIF Districts which had a base value of $9 million and after improvements the total value of the 11 properties was $392 million. Other tax incentive results, he said, include the Bison Block, which in 2006 had a property value of $542,200.00 and paid $7,500.00 in property taxes, and as of 2020, the property’s value was $6,900,000.00 with property taxes at $95,000.00. He said the FedEx site in 1997 was airport land and paid no property taxes. He said FedEx has paid $5,000.00 per year in property taxes on the land since 2017, from 2022 to 2026, it will pay $5,000.00 per year on the land and $43,980.00 per year in PILOT taxes on the buildings and beginning in 2027, will pay $93,000.00 per year in property taxes on the land. In addition, he said, FedEx pays the Airport a $43,000.00 annual land lease, $133,000.00 a year in landing fees and a 2 cent per gallon fuel flowage fee. He said the next step will be a two-week period for questions, comments and thoughts on the proposed revised policies and he would come back to the City Commission in about 4 weeks for consideration.
Commissioner Strand said he had a few topics that he hopes can be worked into the revised polices. He said the topics include: incorporate workplace safety criteria and benchmarks to assure businesses seeking public incentives or support have a track record of exemplary workplace safety; and replace the money point system with wage levels for new job creation with a dynamic living wage point system, whereby the points system leads for companies assuring all newly-created jobs meet the minimum local living wage threshold. He said for apartment developers, the City should modify its policy to require inclusionary housing as a component and a minimum of 10 percent of newly-created units would qualify for lower-income families and that such incentives be offered across town, not just Downtown or near NDSU in the UM-U. Establish an ongoing practice where the City looks back at commitments and promises made by applicants, he said, to assure projected expectations and commitments are made and such required reporting or auditing would trigger a “claw back” if needed if commitments were not met and fall short and would have impacted application consideration in advance. In addition, he said, manage formerly extraterritorial expansion in light of the Diversion and new growth needs to be self-funded and not funded via special assessments; create a neighborhood revitalization program designed specifically for the Roosevelt neighborhood so as to incent the reconversion of absentee-owned rented homes back to single family home ownership; and to consider the addition of a public art criteria for developers, which would add points to the scoring system when developers embellish a project with significant public art components.
Commissioner Piepkorn moved the recommended changes to the Property Tax Exemption Policies be Received and Filed.

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.

Review of Approved PILOT Projects since 2015 Delayed until November 2021:
Commissioner Gehrig said over the past several years, the City has utilized the Payments in Lieu of Taxes (PILOT) program as an incentive in its economic development activities. PILOTs, which can span as much as 20 years, were designed to encourage existing or new businesses to expand and add jobs, he said. During its review of a PILOT application, he said, the City Commission receives information from the applicant on the number of employees they intend to hire as a result of the PILOT benefits, the hourly wage/salary for those new employees and the value of the new construction or improvements to physical facilities and these factors are important in the consideration of the PILOT designation for the applicant. He said to ensure the City and its taxpayers are realizing the assured return on investment from PILOTs in Fargo, he and Commissioner Strand feel it is appropriate to undergo a review of quantitative data from approved PILOT projects over the last several years and suggest City staff undertake a quantitative analysis of all approved PILOT projects in Fargo since 2015 with the focus on the number of planned new employees listed on the application compared to the actual number of employees currently working; the hourly wages/salaries guaranteed on the application compared to the actual wages/salaries being utilized and the intended value of physical improvements/additions listed on the application compared to the current actual value of the physical infrastructure. He said for FedEx, it looks like they met and exceeded their standards, which is great to hear. He said he and Commissioner Strand would like to do the other 15 or more that are on the books and confirm what they have done and this would be a good exercise for the City going forward.
Commissioner Gehrig moved appropriate staff directed to conduct a review of approved PILOT projects since 2015 and come back to the City Commission with a report on August 9th.

Second by Strand.

Commissioner Piepkorn said this should be put out for a Request for Proposal (RFP) and have a budget. He said this is going to be additional staff time and an audit by a professional organization should be done, which will cost money.
In response to a question from Mayor Mahoney asking if this could be done by August 9th, Mr. Gilmour said the database is in the Assessor's office and he is not sure he can do it alone. He said there are some applications where the City did not ask about wages and he is not sure how long it would take; however, he certainly would work with the Assessor's office, the EDC and the Auditor’s office.
Commissioner Piepkorn said this is going to take time and money, it is going to take staff and he does not want Mr. Gilmour spending his time doing this, he would rather Mr. Gilmour work on economic development. He said the issue will be solved going forward; however, the City cannot go back in time.
In response to a question from Commissioner Preston asking how long it took to get the FedEx information, Mr. Gilmour said he was able to contact the Airport for some of the information, the Assessor's office had files and in many cases businesses have reports. He said he would want the Assessor’s office to go through those files and see what it is there and then there would be a better idea.
Commissioner Piepkorn said this is not Mr. Gilmour’s job, this is the Auditor’s job or something hired to an outside company. He said he feels Commissioners are ordering Mr. Gilmour to do this and that is not appropriate.
In response to a question from Mayor Mahoney asking the Assessor’s office and others have been mentioned and does Finance have the manpower or should be an RFP, Finance Director Kent Costin said with regard to the records, the value of the construction and the permit information is easily available; however, reaching out to the businesses and requesting the information and getting that done would be a mix of workflow. He said he would have staff available; however, he does not understand what is the level of effort based on the discussion.
In response to a question from Mayor Mahoney asking if would it be better to come back to the City Commission at the next meeting with more information and a timeframe, Mr. Costin said his concern with the August timeframe is the City may not be able to get all of the businesses done and, in fairness to the Assessor's office, it would be nice to consult with them to see what records they have, what type of workflow would have to be set up and establish some guidelines. He said his gut reaction is August 15th is a very tight timeline and everyone is now crunching on budgets. He said he can certainly visit with the Assessor's office, they are confident in the work they do; however, the Assessors are not deemed as the secretary of the auditing function of that information due to the fact that it has never been done.
Commissioner Strand moved to amend the deadline to the beginning of November.

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

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

Michael Orth Appointed to the Board of Adjustment:
The Board received a communication from Mayor Mahoney stating when the City Commission appointed Jared Heller as a regular member of the Board of Adjustment, the Board was left without an alternate member; therefore, he is recommending that Michael Orth be appointed to the Board of Adjustment to fill the vacant alternate member position.
Commissioner Preston moved Michael Orth be appointed to the Board of Adjustment to fill the vacant alternate member position for a term ending June 30, 2024.

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.

Appointments to the Renaissance Zone Authority Approved:
The Board received a communication from Mayor Mahoney recommending that Steve Swiontek be reappointed to the Renaissance Zone Authority Reid Middaugh be appointed to the Renaissance Zone Authority to replace Cari Luchau who no longer wishes to serve.
Commissioner Preston moved Steve Swiontek be reappointed and Reid Middaugh be appointed to the Renaissance Zone Authority for a three-year terms ending January 1, 2024.

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.

Action Delayed on an Ordinance Relating to Wildlife Management Program-Regulations Until the June 14, 2021 Regular Meeting (Moved from the Consent Agenda):
The Board received a communication from Assistant City Attorney Alissa Farol stating Mayor Mahoney and Police Chief David Zibolski asked for a report on the efficiency of the wildlife management program, which began in 2006. She said the program allowed 45 applicants to hunt deer and turkey within several identified areas adjacent to the Red River with the goal of reducing vehicular crashes. Chief Zibolski found that it was unlikely the program has had any significant impact on the number of deer and turkeys within the City limits and is no longer an effective program due to low harvest rates and an increase in City population in places identified as hunting areas. She said as a result of Chief Zibolski’s report, Mayor Mahoney directed the City Attorney’s Office to work with the Police Department to review and repeal the Ordinance on this subject.
Commissioner Piepkorn said he opposes eliminating the urban hunt as it is a very important wildlife management tool. He said 25 years ago, there were major issues with disease in the deer herd. He said in North Fargo along the river, the deer were not healthy due to Chronic Wasting Disease and Lyme Disease and the reason given for eliminating the hunt is due to the fact that the numbers are down. He said if the hunt stops, the issues are going to return and there is no reason to discontinue the hunt.
Chief Zibolski said here are only 45 applicants who can apply and last year, 43 out of 45 applicants hunted and 26 deer and one turkey were harvested, which is not significant from a herd management perspective. He said as far as the areas in which people can hunt, in 2006 the City had a population of 97,000 and some of those areas, especially in the far South, were not fully developed, yet they are now and all are adjacent to places where people walk, bike, jog, take their pets and ski in the winter. He said the likelihood of someone being injured from an errant arrow increases exponentially and to Commissioner Piepkorn’s concern, if there is a concern about wildlife management, the City would be better off closing it and bringing in sharpshooters to reduce the herd. He said he does not believe this hunt accomplishes herd management nor is it a good use of law enforcement resources.
Commissioner Gehrig said 26 deer is a lot. He said he understands Chief Zibolski is in tough spot; however, there have been no incidents of errant arrows, no injuries, no problems and homeowners enjoy seeing hunters doing this due to the fact that the deer are destroying their property. He said the licenses get snatched up five minutes after they become available, people love he program, it is safe and effective, and if it is not doing enough to control the population, the City should give more licenses, not less. He said there should be an open comment period at the next meeting or at a Special Meeting due to the fact that the 45 people who do this love it and there are more than 45 people who want to do it. He said he has a strong feeling that there is going to be an outpouring of support.
Commissioner Piepkorn said the Board should delay voting on the Ordinance as the Park District may be an option for management. He said the Police should not make the call about herd management; that should come from wildlife biologists. He said deer and turkeys are an issue in North Fargo and people who live along the river can testify to the damage done to their property. He said people might not think wild turkeys are a big deal until they get 20 of them on their property. He said it is a mess and there are health concerns.
In response to a question from Commissioner Preston asking if this is bow and arrow hunting, Mr. Gehrig said it is.
Mayor Mahoney the Police Department manages this program by Ordinance and over the next two weeks, he would like to know who should be managing this and hear from the hunters and residents so there can be a thorough discussion. He said Chief Zibolski makes a good point that the City has changed and there are fewer areas to hunt; however, he received emails from people who know of places in the City where they can hunt deer.
Commissioner Gehrig moved to delay action on the Ordinance until the next Regular Meeting.

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

Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Monday, June 14, 2021.

Second by Preston. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:41 o’clock p.m.
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