Board of City Commissioners - June 14, 2021 Minutes

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., Monday, June 14, 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: The Inspections Department recommends everyone think about how they can save energy and decrease energy bills; as of June 11th, Fargo Cass Public Health has administered 47,419 doses of the COVID-19 vaccine and encourages all residents to get the vaccine ;at the Library, the Summer Reading Challenge is up and running, a Birding 101 Class is offered and StoryWalk continues; the Police Department’s Annual Community Picnic will be June 16th from 5 to 8 p.m. at Urban Plains Park; home rental platform Dwellsy ranked Fargo at the top of its list this year; and a video featuring NDSU urban design architecture students and their display of FARGO2050 was shown.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved, moving Item Nos.”1” “2a-c,” “7” and “29” from the Consent Agenda to the Regular Agenda.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Piepkorn moved that the Minutes of the Regular Meeting of the Board held on June 1, 2021 be approved as read.
Second by Preston. 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 Amending Section 1-03-5 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations (Minor in Possession/Consumption of Alcohol)(moved to the Regular Agenda).

2. 1st reading of the following Ordinances Relating to Public Safety, Morals and Welfare (moved to the Regular Agenda):
a. 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 (Criminal Mischief-Hate Crime);
b. 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 (Harassment/Hate Crime); and
c. 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 (Simple Assault/Hate Crime).

3. Settlement Agreement and Release of All Claims with St. Anthony of Padua’s Church of Fargo, Society of St. Vincent DePaul District Council of Fargo, Inc. and Darlene Audrey Daugherty.

4. Gaming Site Authorization for West Fargo Hockey Association at Fort Noks Bar of Gold.

5. Applications for Games of Chance:
a. Fargo Post 2 Baseball Club for a calendar raffle from 7/1/21 to 7/31/21.
b. Tri City United Soccer Club for a raffle on 8/29/21.
c. Steve Weidner FM Junior Tour for a calendar raffle from 7/1/21 to 6/30/22.

6. Renewal of the Alcoholic Beverage and Live Entertainment Licenses until 6/30/22, contingent upon all essential requirements for renewal being met by 6/30/21.

7. Budget allocation for voting by mail (moved to the Regular Agenda).

8. Encroachment Agreement with Plexus Company.

9. Submission of an application for the ND Department of Commerce’s Events and Support Services Grant for the FARGODOME.

10. Receive and file Financial Status Report Year to Date through 5/31/21 for major operating funds (unaudited).

11. Service Agreement with Fargo Public Schools Department of Support Services.

12. Amendment to the Agreement for Services with Annie Wood.

13. Amendment to the Agreement for Services with Gia Rassier.

14. Notice of Grant Award from the ND Department of Health for ND LPH Funding Equity and Prioritizing populations disproportionately affected by COVID-19 (CFDA #93.391).

15. Financial Award from the ND Department of Commerce/DCS for the Gladys Ray Shelter Emergency Solutions Grant-CV.

16. Out-of-grade pay request for Will Bayuk in the Engineering Department.

17. City of Fargo Temporary Employment Policy COVID-19 Annual Leave (Vacation) – Maximum Accrual for 2021.

18. Amendment No. 1 of Subrecipient Agreement with New Life Center.

19. Resolution Approving Plat of Turf Tamers Addition (Attachment “A”).

20. Developer Agreement with Cass Clay Community Land Trust for acquisition, demolition and new construction of property at 1412 1st Avenue South.

21. Purchase Agreement and Developer Agreement with Cass Clay Community Land Trust for property at 1410 1st Avenue South.

22. Bid award to Dakota Fence in the amount of $64,331.00 for Public Works facility fence (RFP21209).

23. Amended Notice of Award for the GTC Exterior Renovation project and Agreement with Gast Construction Company, Inc. (AFB21101).

24. Amendment No. 8 with KLJ, Inc. in the amount of $5,882.09 for the GTC Remodel project-Exterior Renovations.

25. Agreement with KLJ, Inc. (RFQ21072).

26. Bid advertisement for Project No. WA2055.

27. Sole Source Procurement with Hawkins Water Treatment Group for chemicals and materials for the Water Treatment Plant to use during the 2021 calendar year.

28. Submission of a State Revolving Fund loan application for the Membrane Water Treatment Plant.

29. Contract and bond for Project No. BP-21-A1 (moved to the Regular Agenda).

30. Bills in the amount of $12,165,892.33.

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

Change Order No. 2 for Improvement District No. BN-20-E1 Approved:
Commissioner Strand moved Change Order No. 2 for an increase of $16,150.00 for Improvement District No. BN-20-E1 be approved.

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

Change Order No. 1 for Improvement District No. BN-21-A2 Approved:
Commissioner Strand moved Change Order No. 1 for an increase of $94,164.00 for Improvement District No. BN-21-A2 be approved.

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

Agreement for Early Building Permit with North Dakota State College of Science at Wahpeton, North Dakota Approved (Improvement District No. UN-20-B1):
The Board received a Report of Action from the Public Works Projects Evaluation Committee stating the Committee reviewed an application for an early building permit submitted by the NDSCS Foundation for a building at 6688 43rd Street South. They said the applicant would provide a deposit that could be used to repair any impacts from the site construction to the municipal project. The lot has 849 feet of frontage, they said; therefore, the deposit will be $16,980.00.

Commissioner Strand moved the Agreement for Early Building Permit with North Dakota State College of Science at Wahpeton, North Dakota (Improvement District No. UN-20-B1) be approved.

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

Private Utility Relocation Payments for Improvement District No. BR-21-E1 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee stating Improvement District No. BR-21-E1 is for paving and utility reconstruction of 11th Street North between NP and 1st Avenue. They said the existing street is approximately 56 feet wide and the new roadway will be approximately 46 feet wide and the reduction in width will allow for wider sidewalks for better walkability. Xcel has three power poles that will be need to be relocated, they said, and Sparklight is also attached to the poles. The cost for the relocation is $25,578.69 to Xcel Energy and up to $5,000.00 for Sparklight, they stated.

Commissioner Strand moved the Private Utility Relocation Payments for Improvement District No. BR-21-E1 be approved, as presented.

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

New Paving and Utility Construction Improvement District No. BN-21-K (23rd and 24th Streets South):
Commissioner Strand moved the following action be taken in connection with New Paving and Utility Construction Improvement District No. BN-21-K:

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

LOCATION:
This project is for new construction of underground utilities, asphalt pavement and incidentals on 23rd Street South and 24th Street South.

COMPRISING:
Lot 8 through 9, Block 5.
Lot 1 through 2, Block 7 (To be replatted as Eagle Valley 5th Addition).

All platted within Eagle Valley 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-K 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-K:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-21-K 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 $1,225,118.51.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-21-K:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-21-K 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-K in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring New Paving and Utility Construction Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct New Paving and Utility Construction Improvement District No. BN-21-K 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 85% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed New Paving and Utility Construction must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

Direct City Auditor's Office to Call for Bids for Improvement District No. BN-21-K:
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-K in the City of Fargo, North Dakota.

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

Contract for Alley Paving Improvement District No. AN-20-C1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and Dirt Dynamics LLC for Alley Paving Improvement District No. AN-20-C1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for Alley Paving Improvement District No. AN-20-C1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
RLI Insurance Company, in the amount of $68,816.00, for Alley Paving Improvement District No. AN-20-C1 in the City of Fargo, North Dakota.

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

Contract for New Paving and Utility Construction Improvement District No. BN-21-J1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and Master Construction Company Inc. for New Paving and Utility Construction Improvement District No. BN-21-J1 in the City of Fargo, North Dakota, be approved.
Second by Preston. On call of the roll Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Contract Bond for New Paving and Utility Construction Improvement District No. BN-21-J1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
Lexon Insurance Company, in the amount of $298,398.98, for New Paving and Utility Construction Improvement District No. BN-21-J1 in the City of Fargo, North Dakota.

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

Contract for Asphalt Wear Course Improvement District No. PN-21-A1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and Northern Improvement Company for Asphalt Wear Course Improvement District No. PN-21-A1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for Asphalt Wear Course Improvement District No. PN-21-A1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
Western Surety Company, in the amount of $1,192,667.50, for Asphalt Wear Course Improvement District No. PN-21-A1 in the City of Fargo, North Dakota.

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

Contract for Street Lighting and Incidentals Improvement District No. SL-21-B1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and Fargo Electric Construction, Inc. for Street Lighting and Incidentals Improvement District No. SL-21-B1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for Street Lighting and Incidentals Improvement District No. SL-21-B1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
United Fire and Casualty Company, in the amount of $1,016,036.30, Street Lighting and Incidentals Improvement District No. SL-21-B1 in the City of Fargo, North Dakota.

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

Resident Comments:
Brent Mitchell (via conference call) spoke in favor of the Wildlife Management Program; Brandon Krieger spoke on Critical Race Theory; and Christopher Coen spoke about police investigations.

Hearing on a Dangerous Building Located at 1033 5th Street North: City Attorney's Office Directed to Prepare the Appropriate Findings of Fact and Order:
A Hearing had been set for this day and hour on a dangerous building located at 1033 5th Street North.
The Board received a communication from Inspections Administrator Bruce Taralson submitting a Notice of Dangerous Building Order. He showed pictures of how the house built in 1907 looked in 2013 and how the abandoned house looks now. He said the case is unique in that an owner, mortgage company or responsible party cannot be found so there has been no communication. He said their research showed that someone entered the property in the middle of winter and left the water running and there was no one to take care of it. The Inspections Department acted on the unsafe structure in August of 2020, he said, and a lot of damage was found due to water and to squatters. The Health Department has dealt with this house since 2016 for hoarding, junk and grass complaints, he said, and over the last two years the Police Department answered 40 calls for service. The property meets five of the ten criteria under the Dangerous Building Ordinance, he said, and he shared the timeline and notices. Dangerous building action is being taken sooner than it normally would be due to squatters, he said, and anyone who would come forward would have until August 13, 2021 to act.

Bruce Thompson, 1008 5th Street North, said this building can be repaired and he has done a number of similar projects. He said he has a purchase agreement for $65,000.00; however, he cannot find the owner and he would like to save it. He said he cannot even get in to look at it and these pictures shown are the first he has seen. Fargo lacks affordable housing, he said, and while he does not know the process, he would like the opportunity to buy it from the City.
Commissioner Piepkorn said even though Mr. Thompson is interested in buying the house, it would have to be open to the public and there are various projects available that have been used in the past.

Mr. Taralson said the City does not want demolition if it can be avoided and he hopes in the next two months something will happen, as he believes the owner is out there somewhere. The City never takes possession of a property, he said and if no owner is found and the City goes forward with demolition, the property would go to the County for taxes and they would initiate discussions on ownership. He said the County may come to the City since in the past the City has used programs that can build a new home on the property or put it up for bids.

Commissioner Strand commended the work of Mr. Taralson’s department for attending to blighted properties.

Commissioner Piepkorn moved the City Attorney’s Office be directed to prepare and serve the owner with the appropriate Findings of Fact and Order and the Inspections Department be authorized to solicit proposals for the removal of this structure if it is not removed within the time allowed by the Board’s Order.

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 Community Development Block Grant (CDBG) and HOME Programs 2021 Action Plan and Budget Proposal:
A Hearing had been set for this day and hour on the Community Development Block Grant (CDBG) and HOME Programs 2021 Action Plan and Budget Proposal.

Community Development Planning Coordinator Tia Braseth said the City has prepared a draft version of the 2021 Action Plan for Housing and Community Development for the Community Development Block Grant (CDBG) and HOME Programs. She said the priorities established within the draft Plan result from community meetings and citizen participation in the development of the 2020-2024 Consolidated Plan. The City’s 5-year priorities include affordable housing, ending and preventing homelessness, neighborhood improvements and initiatives, she said, as well as assistance for vulnerable populations. She said during the 2021 program year, the City estimates the resources to be $777,048.00 for CDBG and $559,400.00 for HOME. She said those resources would be used for the following projects: High Plains Fair Housing Center, Downtown Homeless and Housing Services Facility, Emergency Subsistence Payments/Homeless Prevention and Diversion Efforts; Eviction Prevention Efforts; a Community Development Housing Organization Project; new construction of an affordable multi-family rental housing complex and contingency funds for issues that may arise during the year. She said the 30-day public comment period for the plan runs through June 25th and final City Commission consideration will be on June 28th.
Mayor Mahoney closed the public hearing.

Annexation of Property Located in the Southeast Quarter of Section 15 and the Northeast Quarter of Section 22, Township 140 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota Approved: No Protests Received:
A Hearing had been set for this day and hour on a petition filed with the City of Fargo for annexation of approximately 51.36 acres.
No protests have been filed with the City Auditor’s Office after publication of the Notice.
The Board determined that no person is present to protest or offer objection to the annexation petition.

Long Range Planning Coordinator Aaron Nelson said this is an owner-initiated annexation and aside from two existing houses, the area is undeveloped and includes portions of existing and proposed right-of-way for 40th Avenue North and County Road 81. It is northwest of the airport and south of the new Amazon facility, he said, and the intent of the application is to accommodate future development of the subject property for industrial commercial lease space.

First Reading of an Ordinance Annexing a Certain Parcel of Land Lying in the Southeast Quarter of Section 15 and the Northeast Quarter of Section 22, Township 140 North, Range 49 West, in Cass County, North Dakota:
Commissioner Piepkorn moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and moved the Ordinance Annexing a Certain Parcel of Land Lying in the Southeast Quarter of Section 15 and the Northeast Quarter of Section 22, Township 140 North, Range 49 West, in Cass County, North Dakota be placed on first reading.

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

Parcels of Land in Dakota Commerce Center Addition Rezoned (4060, 4230, 4316 and 4416 37th Street North and 3701 40th Avenue North):
At a Hearing held on May 4, 2021 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to LI, Limited Industrial.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Long Range Planning Coordinator Aaron Nelson said the property would be platted into four lots on one block and includes a subdivision waiver that would allow for the block length to exceed 1,320 feet. The subdivision would also dedicate additional public right-of-way for 40th Avenue North and 37th Street North, he said. He said the subdivision waiver allows the block length to exceed the typical maximum and the proximity agreement by which the developer acknowledges the proximity to the airport and storage lagoons, and potential for noise and odor.

Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

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

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in the Proposed Dakota Commerce Center Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Piepkorn moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in the Proposed Dakota Commerce Center Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Dakota Commerce Center Addition:
Commissioner Piepkorn offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Dakota Commerce Center Addition” containing 4 Lots, 1 Block and 46.26 acres of land more or less, located at 4060, 4230, 4316 and 4416 37th Street North and 3701 40th Avenue North; and
WHEREAS, A Hearing was held May 4, 2021 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on June 2 and 9, 2021 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., June 14, 2021 at which time said Plat would be considered and all interested persons would be heard.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “Dakota Commerce Center Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of
Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Action on Text Amendment to Amend Section 20-0402(T)(3) and Repeal Section 20-0403(C)(5)(e) of the Fargo Municipal Code (Land Development Code) Delayed: Referred to City Attorney’s Office for Further Review:
A Hearing had set for this date and hour to consider a request for a Text Amendment to Section 20-0402(T)(3) and repeal Section 20-0403(C)(5)(e) of the Fargo Municipal Code (Land Development Code) all relating to the prohibition of firearm and ammunition sales as a non-farm commercial use or as a home occupation.
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.
There have been no written or verbal protests to the request and no one is present to protest thereto.

Planning Coordinator Aaron Nelson said this proposal was heard at the June 15, 2020 City Commission meeting at which time it was delayed for review and until more public input could be gathered. As discussed at the May 17, 2021 meeting, HB 1248 was signed into law and takes affect in August, he said, and it restricts municipalities from enacting a Zoning Ordinance relating to firearms and ammunition that is more restrictive than State law. He said it also voids any such existing Ordinances including existing limitations on firearms and ammunition sales within the current Land Development Code. He said the proposed Text Amendment is a housekeeping edit intending to remove what will become defunct language within the LDC.

Peter McDonald said he supports the amendment and would like to see support from the Commissioners instead of having to go to the State to get the law changed.

Commissioner Gehrig moved the request be approved on the basis the proposed Text Amendment complies with State Law and the Land Development Code.
Second by Strand.

Commissioner Preston said she would vote for it only due to the fact that Fargo would be out of compliance with State law. She said it is an egregious infringement on local control and looking at the other prohibited uses in home occupations there is another that has Constitutional protection.

Commissioner Piepkorn said he does not support it. An example is adult entertainment, he said, there is a right to free speech; however, adult entertainment is not allowed in certain zones of the City. He said this could be successfully challenged, it could allow a next door neighbor to open a retail gun store. He supports individual gun sales, he said; however, not retail gun stores in neighborhoods.

In response to a question from Commissioner Preston about the implications if the Board does not pass this amendment, City Attorney Erik Johnson said it would stay on the books and if it were enforced someone could bring a lawsuit challenging the superiority of the State statute versus the City’s Ordinance and a Court of Law would determine the outcome and the person suing the City, if successful, would get damages for the cost of that litigation.

Mayor Mahoney said a legislator picked this issue in our community and designed a law to go exactly against it. He said it seems hard to defend in a sense, since in theory, State guidelines were followed.
Commissioner Piepkorn said the Board could say, “let’s go to court” and he believes the City could win, and it might even be above the State level. He said it would be the Board’s decision as a group. Adult bookstores already have limited zoning in Fargo, he said, and he is tired of a legislator from some other city telling Fargo how to zone.

Commissioner Preston said she will reverse her comments made earlier and go along with voting against this. She said this is about local control and perhaps this could be challenged. It goes way beyond this issue, she said, there are numerous instances that the State has overridden local control, so this might be the test case.

Commissioner Gehrig said local control is not a legal defense or argument; it is a theory in North Dakota. He said State Representative Ben Koppelman brought this forward; it was not someone from a City far away. It is not a dramatic change, the law was clarified, he said, and the Land Development Code was added. This will be challenged if it does not pass, he said, and it will cost hundreds of thousands of dollars and the City will lose. This is not a debate about guns, he said, it is about whether the City is going against State law and the City should not spend money knowing they will lose in court.

Commissioner Strand said it does not appear out of line to stand for what would be best for the community and he hopes to find a way forward and not to be squelched.

Mayor Mahoney said local control is always an issue in a community and who represents better than the people voted in to do that.

Commissioner Strand moved to defer the Text Amendment until a report is received from the City Attorney’s office advising whether it is viable to challenge State law, how costly it would be and the likelihood of succeeding.

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

Renaissance Zone Project for Epic Gateway East Real Estate Holdings, LLC Approved:
A Hearing had been set for this day and hour to consider approval or denial of a Renaissance Zone Project for Epic Gateway East Real Estate Holdings, LLC at 300 Main Avenue.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.

Planning Director Nicole Crutchfield outlined the Renaissance Zone process benefits. She said this Renaissance Zone Project application presented by Epic Gateway East Real Estate Holdings, LLC meets all of the minimum criteria set forth in the Renaissance Zone Plan and is consistent with the established goals and objectives and recommends that the project be approved. She said the project is to remove the existing underutilized Gateway Mall and construct a new 7-story, 188,310 square foot building with underground and main floor parking, 20,000 square feet of ground floor commercial and office space, and more than 108,000 square feet of for sale condominiums. She said construction would being this summer with the proposed timeframe of opening in the fall of 2022. She said the value of the taxes today is $45,425.00 and the benefit the recipient will receive over the 5-year period is $2,037,535.00. She said in 2023 when it is projected to be finished the full tax revenue comes back estimated at $452,800.00 per year.

Commissioner Piepkorn said 25 years ago, the property values Downtown were going down and the Renaissance Zone has been successful in changing that. He said it is limited to 5 years then goes on the tax rolls forever and is limited to one time.

In response to a question from Commissioner Gehrig asking if other incentives are being requested, the applicant Brian Kounovsky of Epic said they would not be applying for other incentives.

Commissioner Strand moved the Renaissance Zone application filed by Epic Gateway East Real Estate Holdings, LLC for a project located at 300 Main Avenue be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority.

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

Application Filed by Standard Industries, Inc. for a 5-Year Property Tax Exemption Approved:
A Hearing had been set for this day and hour on an application filed by Standard Industries, Inc. for a 5-year property tax exemption for a project at 5650 13th Avenue North where the applicant will construct a new building to expand their operation which involves fabrication of steel and aluminum products.

Strategic Planning Director Jim Gilmour said the application contains information regarding projected value of the expansion, the nature of jobs to be created and a description of the product line. He said the applicant will pay the full land tax estimated at $30,000.00 a year and the value of the building is estimated at $5,907,000.00. The property tax savings would be about $82,000.00 per year, he said, and the recommendation of the Tax Exempt Review Committee is to approve a 5-year property tax incentive.

No written protests have been filed for the attention of the Board.
The Board determined that no person is present at this Hearing to protest or offer objection thereto.

Mike Lepine, President of Standard Industries, said they are growing and about 95 percent of their business is outside of the North Dakota area. Much of their business is mining, flour and sugar beet equipment and an emphasis on stainless steel equipment, he said, and they are running out of room and need to grow. He said he pushes for high quality employees and pays higher wages, and it makes them more competitive in the long run for doing projects and selling equipment outside the area.

In response to a question from Commissioner Gehrig asking if they would build the new building without the five-year incentive, Mr. Lepine said it would be tough to do the project without an incentive the first five years.

Commissioner Piepkorn moved that the application filed by Standard Industries, Inc. for a five-year property tax exemption pursuant to Chapter 40-57.1, NDCC be approved.

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

At 6:03 the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Fargo Police Department 2020 Annual and 2021 Mid-Year Reports:
Police Chief David Zibolski said he is now in his eighth month on the job. He said the focus of the report is what has been accomplished and what is in process. It is important to establish expectations and goals both internally and externally, he said, and he shared a video showing the new branding for Police cars. Staff received implicit bias training, he said, and there will be policy updates along those lines. He said the 10-hour shift schedule puts the most officers on the street when needed which helps provide outstanding service to the community. The body worn camera project is proceeding, he said, and he expects to have them out by August, which will provide great transparency, accountability and enhance operations. He said in the next 30 to 45 days, he will be out in the community discussing the cameras and policy. He shared the reorganization plan and organizational chart which brings some civilianization and a more data intelligence-led perspective to their work. He described new positions and the five new divisions, which are the Neighborhood Services Division, Criminal Investigation Division, Professional Standards Division, Training and Development Unit and Office of the Chief. He said in their 77,000 calls for service, physical arrests were made in 4,000, or 5 percent of those calls, with use of force being .1% and use of force in arrests being 1.9%, which is not a very high number. In 2020, he said, simple assaults increased and property crimes increased, driven largely by burglaries. The report is available to the public online, he said.

In response to a question from Commissioner Strand asking who is being dealt with in the cases of use of force, Chief Zibolski said likely they will find that mental health and substance abuse issues are a factor. That data did not exist, he said, and part of the reorganization includes a software program allowing more detail analysis.

In response to a question from Commissioner Preston asking if racial data will be collected with use of force data, Chief Zibolski said it will be an important piece. He said going forward they are on deck to get the Integrated Communications Assessment and Tactics Training, which is a national de-escalation model and will become part of the department policy and culture.

Ordinance Relating to Wildlife Management Program-Regulations Delayed to Allow for Public Input:
Commissioner Gehrig said the public was promised that there would be a public discussion and he would like action on the item delayed until people can voice their concerns or support for the program.

Chief Zibolski said a public input meeting will be held prior to the next City Commission meeting to address safety concerns and he should be able to bring a report back at that time.

Commissioner Piepkorn said the Park District should be included in the discussion. He said they see the value in the program. They have a lot of property that gets damaged by wildlife and may be willing to resume management of the program.

Commissioner Gehrig moved the Ordinance Relating to Wildlife Management Program-Regulations be delayed to allow for public input.

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

Selection of the Final Design for 32nd Avenue South Delayed for Two Weeks (Improvement District No. BR-22-A1):
The Board received a communication from the Public Works Projects Evaluation Committee stating the Engineering Department will reconstruct 32nd Avenue South in two phases. They said the first phase will be from 32nd to 22nd Street South and the second phase will be from 22nd Street South to University Drive. The project will include adding storm water capacity, new pavement, rehab/replacement of water and sewer mains, improving sight lines for mainline left turning movements and safety improvements at 27th Street, they said. Currently the right-of-way is very narrow for an arterial at 100 feet, they said, and the City now requires 200 feet of right-of-way dedication for arterial. They said design will be begin and staff will evaluate what trees can be saved and which ones need removal and staff will be working to acquire sidewalk easements from landowners to minimize tree removal.

Transportation Engineer Jeremy Gorden said staff is recommending the selection of Alternative B1, a concrete 5-lane reconstruction with flush median for Segments 1 and 2. He said currently on 32nd Avenue South, turn lanes do not meet the required lengths, pavement has reach end of life and requires frequent and costly maintenance, storm sewer draining is not adequate, pedestrian facilities are in poor condition and do not meet ADA guidelines and existing sanitary and watermain utilities have reached end of life. He said all build alternatives include curb and gutter, shared use path, sidewalk, new lighting, new storm sewer trunk lines, inlets and manholes, sanitary sewer line and manhole rehabilitation, hydrant replacement and watermain upgrades. He said Alternative A is no build, Alternative B is a concrete 5-lane roadway with a raised median and Alternative B1 is the same concrete 5-lane roadway with a flush median; however, a raised median may be installed where there are no left turn lanes between 22nd and 17th Street and a three-quarter median used at 27th Street. The advantages of choosing Alternative B1, he said, include the addition of a shared left turn lane that will assist in reducing turning movement issues, a shared-use path and sidewalks, improved lighting, updated watermain and hydrants, rehabilitated sanitary sewer system and a smaller impervious footprint with wider green boulevard space. He said he is looking for approval of the project concepts and which alternative is preferred.

In response to a question from Commissioner Piepkorn asking whether medians help with pedestrian crossing, Mr. Gordon said previously, one could stand in a median as refuge; however, standing in a median with cars zipping by on each side is not refuge. He said signals at crosswalks are timed for crossing and if a median were provided, it would be narrow, maybe 2 to 3 feet, due to it being a constricted corridor.

Commissioner Gehrig said this is a very busy street, and not a walking area and he would say “no” to medians, although he could go along with a half and half if that is what is proposed. He said no one would feel safe standing out there and no one should be crossing anywhere but at a crosswalk.

In response to a question from Commissioner Preston asking how much study went into the pedestrian issue, Mr. Gorden said traffic operations studies shows both cars and pedestrians and compared to vehicles, the pedestrian counts are very low.

Commissioner Preston said she would encourage more traffic calming concepts being incorporated into this design.

Mr. Gorden said there are two segments, one from 32nd Street to 22nd Street where traffic is higher and the next from 22nd to University where as many grass medians as possible will be incorporated since there are not as many turning movements in that section as at the end of the corridor.

Commissioner Piepkorn said he would like the engineers to come back with some type of proposal for more pedestrian protection. He said right now it is a high speed highway and now would be the time to improve it.

City Engineer Brenda Derrig said there is only 100 feet of right-of-way and narrowing the lanes does provide some calming; however, there is little room in the boulevard for sidewalk or grassy space so this allows more sidewalk along the corridor. She said a median would take away from the boulevard, green space and trees.

In response to a question from Commissioner Strand asking about the difference between the designs, Mr. Gorden said it is about $200,000.00.

In response to a question from Commissioner Strand asking what the future may look like and how will they look back on what is being done, Mr. Gorden said one mistake made 30 years ago when this was built is that it is difficult to see around the car in front when attempting left turns, this would improve site lines for left turns and be a big improvement plus this lengthens turn lanes. Section road arterials are difficult, he said, it is a widely traveled section of street.

Commissioner Preston said she understands the difficulties in retrofitting; however, she does not want to make it less pedestrian friendly. She said the intent is to encourage people to walk and besides safety issues, there are aesthetic issues. She said she would still argue for grass and trees.

Commissioner Gehrig said 32nd Avenue is a heavily traveled road and if the City shrinks it and makes it slower, it will not be well received. This is how many people get to work each day, he said, this is arterial and not about walkability, it is not Downtown. There is a time and place for walkability, he said, and this is not it.

Commissioner Strand said there were similar discussions about Main Avenue and the Engineers came up with solutions and alternative routes, and perhaps that mindset could be applied in this case and those options explored.

Mr. Gorden said the traffic operations study dictates much of what is built and with a volume of 15,000 to 20,000 cars per day on the eastern end and 20,000 to 25,000 on the area being discussed, the size roundabout needed would not fit.
Mayor Mahoney said looking at the business on either side of 32nd Avenue versus those on Main Avenue, one would see those on 32nd are geared for vehicles to drive right to the business. It is a different business model than Main Avenue is, he said, and this design to narrow it makes it a better road.

Commissioner Piepkorn said changing the design would change the things around it. He said he was against changing Main Avenue from 5 lanes to 3 and he was wrong. If a change were made, he said, those giant flat parking lots would fill up with buildings.

Commissioner Preston said while the orientation of the businesses are different on 32nd Avenue than on Main, she would still argue for traffic calming. Taking out grass or trees on a median looks like a racetrack, she said, and that is how people will act on it with their cars. She said she cannot support the design without medians.

Mr. Gorden said plans need to be done by Thanksgiving and action should be taken within a month. Staff has done their homework and by no means does this approve every detail of every last design, it can still be discussed over the next several months to include things in the final design that will work. He said the motion now is for a five lane roadway without medians in the first stretch, in the second, where there is more room from 22nd Street to University Drive at a number of points there can be grass medians in a number of locations.

In response to a question from Commission Strand asking about communication with residents, Mr. Gorden said a Public Meeting was held and as is typical with these types of projects, there was very low attendance.

Commissioner Gehrig moved selection of Alternative B1 for Segments 1 and 2 for the final design of 32nd Avenue South (Improvement District No. BR-22-A1) be approved.

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

Mayor Mahoney said the Board just gave up on federal money.

Commissioner Strand said he would like this on the next agenda to brainstorm about alternatives, cost saving measures or pedestrian enhancements that could be incorporated where the City can protect and not lose the monies. He said this is the time to make it more pedestrian friendly and if there are no options, at least that would be known.

Commissioner Preston said she would like to see better pictures of what the street may look like with medians and without, and to show the narrowness of lanes to get a better sense.

Commissioner Strand suggested reaching out to the public if there is some way to get fast feedback and suggestions.

Mr. Gorden said he can bring the project back in two weeks for further discussion.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Rachel Rawley, 1619 32nd Street South (5 year).
b. Luke Hestdalen, 101 25th Avenue 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.

Appointment to the Special Assessment Commission Approved:
The Board received a communication from Mayor Mahoney recommending that Daniel Dunn be reappointed to the Special Assessment Commission.

Commissioner Preston moved Daniel Dunn be reappointed to the Special Assessment Commission for a three-year term ending July 1, 2024.

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

Appointments to the Planning Commission Approved:
The Board received a communication from Mayor Mahoney recommending that Art Rosenberg, Maranda Tasa and Jennifer Holtz be reappointed to the Planning Commission.

Commissioner Preston moved Art Rosenberg, Maranda Tasa and Jennifer Holtz be reappointed to the Planning Commission for three-year terms ending June 30, 2024.

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

Ordinance Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations (Minor in Possession/Consumption) Received and Filed (Moved from the Consent Agenda):
The Board received a communication from Assistant City Attorney William Wischer stating the Minor in Possession/Consumption (MIP/MIC) Ordinance should be updated to keep pace with amendments the State Legislature made in 2021, effective August 1, 2021. He said the City may not have an Ordinance with more severe penalties or more narrow application compared to an equivalent State Statute and the 2021 Legislature reduced MIP/MIC from a Class B Misdemeanor to an infraction.

Commissioner Piepkorn said the Legislature is reducing the fine level for MIP/MIC of alcohol which is the exact opposite message that should be sent. Once again, he said, the Legislature is telling Fargo what to do and he is not convinced they always have the same perspective as local representatives.

City Attorney Erik Johnson said this is an example of what was dealt with for the traffic fine case where there is a limitation on offenses and this has previously been litigated.

Mr. Wischer said a Class B Misdemeanor has a maximum punishment of 30 days in jail and/or $1,500.00 fine and the maximum for an infraction is a $1,000.00 fine (no jail time may be imposed). He said currently, in the City of Fargo, MIP/MIC is a Class B Misdemeanor.

In response to a question from Mayor Mahoney asking who brought this reduction forward, Police Chief Zibolski said this came from the Legislature, not law enforcement as law enforcement would not support it.

Mr. Wischer said there is a law on the books that says a city can have a lesser punishment; however, not one more severe.

Commissioner Piepkorn said this sends a wrong message; there will be a small fine for a MIP/MIC yet a large fine for a bar that serves a minor.

Commissioner Gehrig moved the Ordinance Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations (Minor in Possession/Consumption) be received and filed and placed on first reading at the next Regular Meeting of the Board.

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

First Reading of Ordinances Relating to Public Safety, Morals and Welfare (Hate Crimes) (Moved from the Consent Agenda):
Commissioner Gehrig said he moved this from the Consent Agenda, not to relitigate but for the opportunity to vote “no” separately from the Consent Agenda approval.

Commissioner Preston moved the following Ordinances: 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 (Criminal Mischief/Hate Crime); and 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 (Simple Assault/Hate Crime) be placed on first reading.

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.

Budget Allocation for Voting by Mail Approved (Moved from the Consent Agenda):
Commissioner Preston said this is a follow-up to the discussion several months ago regarding approaching the County about voting by mail again for the next City election. She said voter participation was higher last year partially due to the fact that voters were getting absentee ballot applications automatically. She said the cost would be around $32,000.00.

Mayor Mahoney said he would like the Commissioners to be aware that the cost may come up higher.

City Auditor Steve Sprague said the City does not have a contract with the County. He said it is his understanding that the County Administrator and Fargo Assistant City Administrator are working on a contract. The County included the costs of mailing the ballot which may have been a discrepancy and Commissioner Preston is proposing the City mail out a ballot application which when returned would be processed by the County through their normal process. He said Commissioner Preston’s numbers seem to be close to accurate to mail out the ballot requests. The County has not passed any of the cost through to the political subs, he said, and if the City does the election with Cass County there would not be any costs. If the City does their own election, the City would pay its own election costs, he said.

Commissioner Gehrig said if the City does automatic mail outs, the County would charge the City. He said there is no need for this, there is early voting for a week and multiple sites on Election Day. This opens up more possibility of fraud and ballot mining, he said. Ballots can be requested if desired, he said, and he supports early voting.

Commissioner Preston said there was no charges for fraudulent behavior in the last primary election when voting by mail was the only way to vote and she does not feel fraud is an issue.

Commissioner Piepkorn said he has confidence in Mr. Sprague and the County system and does not believe this is necessary. He said to vote absentee just requires filling out a form and sending it in so to spend additional tax money is unnecessary.

Commissioner Strand said there was an increase in voting in the June 2020 election which was by mail during the pandemic. He said there have been times in the past when the School District and Cass County have not been on the same page about how to conduct elections and the elections had been taken out of schools and put into churches. He said he would rather have voting by mail than people voting in religious institutional spaces at the expense of being able to vote in a school. This at least gives an opportunity to step up more votes for more people, he said, and if it does not work it would not have to continue. He said the cost is pennies per vote and nothing is more important than voting.

Commissioner Preston said polling places are moved out of churches now; however, they are more centralized and more difficult for those who are transportation challenged and there may be longer lines.

Commissioner Gehrig read the motion from the February 22, 2021 City Commission meeting: “a Commissioner or Commissioners be designated to work with the County to implement Voting by mail for the 2022 Primary election and present a report at the first meeting in June 2021 on progress being made.”

Commissioner Preston said when they met, the County Auditor suggested the City do the voting by mail themselves.

Mayor Mahoney said last time it was done due to the COVID-19 pandemic so it would be different for the City to do it now. He said it would be good to see if the effort would bring more voters out.

Commissioner Preston moved to direct City Administration to include $32,000.00 in the 2022 Budget for the purpose of mailing out absentee ballot applications to City of Fargo residents for the 2022 City Election.
Second by Strand. On call of the roll Commissioners Strand, Preston and Mahoney voted aye.
Commissioners Gehrig and Piepkorn voted nay.
The motion was declared carried.

Contract and Contract Bond for Project No. BP-21-A1 Approved (Moved from the Consent Agenda):
Commissioner Preston said she moved this item from the Consent Agenda due to emails received and concern for the historic context of the buildings there and it was not very evident from the agenda what this item was. This is so far down the road that she would not support any delay, she said, she wanted an acknowledgement of what the item was and that it is moving forward.

Assistant Planning Director Mark Williams said this is the contract with Rachel Contracting, LLC for $307,600.00 for the demolition of the Mid-America Steel building.

In response to a question from Commissioner Piepkorn asking if some of the buildings the developers were interested in could be withheld, Mr. Williams outlined the City’s history with that building and the demolition plan prepared before the March fire at the site. The engineer’s estimate to tear down the buildings was $572,000.00 and when the bids came in, the low bid came in at $306,000.00, possibly based on the value of the amount of scrap iron on the site. The contract was awarded and the City has 60 days to respond to the contract.

Fire Chief Steve Dirksen said he understands a desire to save things; however, there have been two fires there and the Fire Department, Police Department and Harm Reduction Unit have been there numerous times. An employee injured there is still off work, he said, and this costs money and the longer it sits there, the more opportunities for problems to continue.

Commissioner Preston moved the Contract and Contract Bond for Project
No. BP-21-A1 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.

Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Monday, June 28, 2021.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:43 o’clock p.m.