Fargo City Commission - May 17, 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., Monday, May 17, 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: Fargo Cass Public Health (FCPH) has administered 46,230 doses of the COVID-19 vaccine and conducts vaccine clinics at its main location; building permits are up 39 percent to date over 2020; the Library StoryWalk continues and the Summer Reading Challenge theme is “Tails and Tales;” the Fargo Police Academy started today; crews collected 1,087 tons of curbside debris during Cleanup Weeks; Allconnect has ranked Fargo No. 7 on its list of top connected college towns; and a video detailing the fifth theme of the 2021 State of the City video was shown.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on May 3, 2021 be approved as read.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.

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

1. 2nd reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Covey Ranch First Addition to the City of Fargo, Cass County, North Dakota.

2. Findings of Fact, Order and Notice of Entry of Order for 1418 1st Avenue North.

3. Findings of Fact, Order and Notice of Entry of Order for 1648 8th Avenue South.

4. Site Authorizations for Games of Chance:
a. Fargo Metro Baseball Association at Borrowed Bucks Roadhouse, Empire Tavern and Specks Bar.
b. American Gold Gymnastics at The Box.
c. Northern Prairie Performing Arts at Space Aliens, Windbreak Lounge, O’Clevy’s at the Ramada and Southtown Pourhouse-Fargo.
d. Team Makers Club, Inc. at Legends Sports Bar and Grill, Lucky’s 13 Pub, Sanford Health Athletic Complex-Scheels Arena, FARGODOME, Frank’s Lounge and Holiday Inn.
e. Boys and Girls Club of the Red River Valley at Fargo Billiards/Gastropub.
f. Prairie Public Broadcasting, Inc. at Tailgators, Slammer’s Sports Bar & Grill, Pepper’s, Bison Turf and Dempsey’s.
g. Horse Race North Dakota at Chub’s Pub, Edgewood Tavern, Labby’s Bar & Grill, Sidestreet Grille and Pub and Sickies Garage-Fargo.

5. Applications for Games of Chance:
a. United Way of Cass Clay for a raffle board on 6/11/21.
b. El Zagal Shrine – Provost for a raffle on 9/9/21.
c. FM AM Rotary for a sports pool from 10/1/21 to 2/15/22.
d. River Keepers for a raffle on 6/14/21.

6. Bid award to SMARTT Interior Construction in the amount of $53,382.00 for modular walls for the Training Room Conversion Project (RFP18023).

7. Change Order No. 3 for a no cost milestone schedule change for Project
No. FM-16-A1.

8. Permanent Easement (Levee for Flood Control) and Easement (Temporary Construction Easement) with the Park District of the City of Fargo (Project No. FM-19-B).

9. Memorandum of Offer to Landowner and Permanent Easement (Levee for Flood Control) and Easement (Temporary Construction Easement) with the Park District to the City of Fargo (Project No. FM-19-E).

10. Receive and file General Fund – Budget to Actual through April 2021 (unaudited).

11. Receive and file Financial Status Report Year to Date through 4/30/21 for major operating funds (unaudited).

12. 63-day extension of FMLA for Firefighter Mike Brown.

13. Supplemental Nuisance Policy City of Fargo Ordinance Nos. 11-0805 and 11-0806.

14. Purchase of Service Agreement with Northern Cass Public School District for the 2021-2022 school year.

15. Purchase of Service Agreement with Kindred Public School District for the 2021-2022 school year.

16. Purchase of Service Agreement with Central Cass Public School District for the 2021-2022 school year.

17. First Amendment to Lease Agreement with First Center South, LLC.

18. Grant Agreement with ND Department of Human Services for care coordination services for tuberculosis treatment, education and outreach.

19. Purchase of Service Agreement with ND Department of Human Services, Behavioral Health Division for community outreach and engagement services for harm reduction.

20. Purchase Agreement with Lake Agassiz Habitat for Humanity, Inc. for a land transfer of 702 2nd Street North.

21. Purchase Agreement with Lake Agassiz Habitat for Humanity, Inc. for a land transfer and new construction at 1529 10th Avenue South.

22. Bid award to Rachel Contracting, LLC in the amount of $307,600.00 for Project No. BP-21-A1.

23. Change Order No. 4 for a decrease in the amount of -$18,352.49 for the GTC Underground Project (BP0041).

24. Memorandums of Understanding with Presentation Partners in Housing, Inc. and the State of North Dakota, Acting through its North Dakota Department of Human Services, Southeast Human Service Center.

25. Adopt Resolutions approving the following Plats:
a. Edgewood Estates Second Addition (Attachment “A”).
b. Metropolitan Park Second Addition (Attachment “B”).

26. Storm Sewer Relocation Agreement with Jon Shilling.

27. Extension of the highway deicing salt contract with Compass Minerals America, Inc. for the 2021-2022 season (RFP20080).

28. Change Order No. 1 for an increase of $388.00 for the Metro Transit Garage lighting replacement project.

29. Amendment No. 7 with KLJ, Inc. in the amount of $3,062.84 for the GTC Remodel Project – Exterior Renovations.

30. Contracts and bonds for Project Nos. FM-19-A1 (electrical), FM-19-E1, TM-21-A1 and FARGODOME Canopy Repairs.
31. Bills in the amount of $9,702,227.43.

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.

Amendment No. 1 for Improvement District No. MS-16-J0 Approved:
The Board received a Report of Action from the Public Works Projects Committee (PWPEC) regarding Amendment No. 1 submitted by SRF Consulting Group in the amount of $39,421.00 ($25,700.50 City Portion) for additional services for the evaluation of the North Broadway Bridge. They said the costs are shared with Clay County, Minnesota.

Commissioner Piepkorn moved Amendment No. 1 with SRF Consulting Group in the amount of $39,421.00 for Improvement District No. MS-16-J0 be approved.

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

Easement (Temporary Construction Easement) with Keith A. Ernst and Raymond P. Vogle as Trustees of the Fred M. Hector Jr. Revocable Trust Approved (Improvement District No. FP-19-A1):
Commissioner Piepkorn moved the Easement (Temporary Construction Easement) with Keith A. Ernst and Raymond P. Vogle as Trustees of the Fred M. Hector Jr. Revocable Trust in association with Improvement District No. FP-19-A1 be approved.

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

__No Protests Received for New Paving and Utility Construction Improvement District No. BN-21-B1: __
The Statutory Resolution of Necessity for the construction of New Paving and Utility Construction Improvement District No. BN-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 no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Piepkorn 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-B1.

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

Bids Received for New Paving and Utility Construction Improvement District No. BN-21-B1:
The bids for New Paving and Utility Construction Improvement District No. BN-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:

Dirt Dynamics, LLC Fargo, ND
Bid: $2,799,768.66

Northern Improvement Company Fargo, ND
Bid: $2,844,826.90

Border States Paving, Inc. Fargo, ND
Bid: $2,919,121.01

Sellin Brothers, Inc. Hawley, MN
Bid: $3,016,100.80

Key Contracting, Inc. West Fargo, ND
Bid: $3,099,105.08

KPH, Inc. Fargo, ND
Bid: $3,130,652.30

Dakota Underground Company Fargo, ND
Bid: $3,141,249.50

Master Construction Company, Inc. Fargo, ND
Bid: $3,319,120.77

Contract for New Paving and Utility Construction Improvement District No. BN-21-B1 Awarded to Dirt Dynamics, LLC in the Amount of $2,799,768.66:
Commissioner Piepkorn 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-B1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 12, 2021 for New Paving and Utility Construction Improvement District No. BN-21-B1 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-B1 shows the bid of Dirt Dynamics, LLC of Fargo, North Dakota, in the sum of $2,799,768.66 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 $2,799,768.66 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-B1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dirt Dynamics, LLC for the sum of $2,799,768.66, 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 Piepkorn, Gehrig, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

No Protests Received for Asphalt Wear Course Improvement District No. PN-21-A1:
The Statutory Resolution of Necessity for the construction of Asphalt Wear Course Improvement District No. PN-21-A1 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 no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Piepkorn moved that the Board declare that no protests have been filed to the construction of Asphalt Wear Course Improvement District No. PN-21-A1.

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

Bids Received for Asphalt Wear Course Improvement District No. PN-21-A1:
The bids for Asphalt Wear Course Improvement District No. PN-21-A1 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:

Northern Improvement Company Fargo, ND
Bid: $1,192,667.50

FM Asphalt, LLC Moorhead, MN
Bid: $1,214,923.95

Border States Paving, Inc. Fargo, ND
Bid: $1,228,985.35

Central Specialties Inc. Alexandria, MN
Bid: $1,309,439.20

Contract for Asphalt Wear Course Improvement District No. PN-21-A1 Awarded to Northern Improvement Company in the Amount of $1,192,667.50:
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Asphalt Wear Course Improvement District No. PN-21-A1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 12, 2021 for Asphalt Wear Course Improvement District No. PN-21-A1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Asphalt Wear Course Improvement District No. PN-21-A1 shows the bid of Northern Improvement Company of Fargo, North Dakota, in the sum of $1,192,667.50 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Northern Improvement Company in the sum of $1,192,667.50 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Asphalt Wear Course Improvement District No. PN-21-A1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Northern Improvement Company for the sum of $1,192,667.50, 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 Piepkorn, Gehrig, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

No Protests Received for Asphalt Paving Rehab/Reconstruction Improvement District No. PR-21-G1:
The Statutory Resolution of Necessity for the construction of Asphalt Paving Rehab/Reconstruction Improvement District No. PR-21-G1 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 no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Piepkorn moved that the Board declare that no protests have been filed to the construction of Asphalt Paving Rehab/Reconstruction Improvement District No. PR-21-G1.

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

Bids Received for Asphalt Paving Rehab/Reconstruction Improvement District No. PR-21-G1:
The bids for Asphalt Paving Rehab/Reconstruction Improvement District No. PR-21-G1 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:

Border States Paving, Inc. Fargo, ND
Bid: $346,666.15

Northern Improvement Company Fargo, ND
Bid: $452,593.00

Central Specialties, Inc. Alexandria, MN
Bid: $456,090.40

Contract for Asphalt Paving Rehab/Reconstruction Improvement District No. PR-21-G1 Awarded to Border States Paving, Inc. in the Amount of $346,666.15:
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Asphalt Paving Rehab/Reconstruction Improvement District
No. PR-21-G1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 12, 2021 for Asphalt Paving Rehab/Reconstruction Improvement District No. PR-21-G1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Asphalt Paving Rehab/Reconstruction Improvement District No. PR-21-G1 shows the bid of Border States Paving, Inc. of Fargo, North Dakota, in the sum of $346,666.15 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 Border States Paving, Inc. in the sum of $346,666.15 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Asphalt Paving Rehab/Reconstruction Improvement District No. PR-21-G1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Border States Paving, Inc. for the sum of $346,666.15, 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 Piepkorn, Gehrig, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Concrete Paving Rehab/Reconstruction Improvement District No. PR-21-F (13th Avenue South from 21st to 28th Street South):
Commissioner Piepkorn moved the following action be taken in connection with Concrete Paving Rehab/Reconstruction Improvement District No. PR-21-F:

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

On 13th Avenue South from 21st Avenue South to 28th Street South.

COMPRISING:
Lot 1, Block 1.
All in Acme’s Addition.

Lots 1 through 12, Block 1.
Lots 1 through 8, Block 2.
Lots 10 through 13, Block 3.
All in Acme’s Second Addition.

Lot 1, Block 1, Border States Industries 1st Addition.

Lots 1 through 8, Block 1.
Lot 2, Block 2.
Lots 1 to 3, and Lot 6, Block 3.
All in Centrac Addition.

Lots 1 through 3, Block 29.
All in Egbert, O'Neil & Haggarts Addition.

Lots 1 through 3, Block 1, Force Addition.

Lots 1 through 9, Block 1.
All in Green Acres Addition.

Lots 1 through 9, Block 4.
Lots 1 through 9, Block 5.
All in Harold A Johnson 2nd Addition.

Lots 17, 18, 19 and 20, Block 3.
All in Hilleboe 1st Addition.

Lots 1 through 20, Block 11.
All in Hilleboe Terrace Addition.

Lots 1 through 7, Block 1.
Lots 1 through 8, Block 2.
All in McVets Addition.

Lots 1 through 6, Block 7.
Lots 1 through 6, Block 8.
Lots 1 through 7, Block 9.
Lots 1 through 7, Block 10.
All in Meehans Addition.

Lots 1 through 5 and 7, Block 1.
Lots 6, 7 and 8, Block 2.
All in Pete's Addition.

Lots 1, 19 and 30, Block 1.
Lots 17 through 32, Block 5.
All in Sally Hilleboe Addition.

Lots 1 through 21, Block 1.
Lots 1 through 7, Block 2A.
Lots 1 through 27, Block 2B.
Replat of Lot 14, Block 1, and All of Block 2.
All in South View Villages Addition.

Lots 1 through 4, Block 1, Jeffries Office Park Addition.

Lots 1 and 2, Block 1, SDR Addition.

Lot 2, Block 3.
Lots 1 and 2, Block 4.
Lots 1 and 2, Block 5.
Lots 1 and 2, Block 6.
All in S&W Addition.

Lots 1 and 2, Block 1.
Lot 1, Block 2.
All in S&W Second Addition.

Lots 17 through 5, Block 5.
Lots 1 through 20, Block 6.
All in Westgate Village Addition.

Lots 1 through 9, Block A.
Lots 1 and 2, Block B.
Replat of Block 2 & 7 of Westgate Village Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Concrete Paving Rehab/Reconstruction Improvement District No. PR-21-F in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost from the City Engineer for Improvement District No. PR-21-F:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PR-21-F in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $1,902,411.00.)

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

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

Adopt Resolution Declaring Concrete Paving Rehab/Reconstruction Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Concrete Paving Rehab/Reconstruction, Improvement District No. PR-21-F in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said Concrete Paving Rehab/Reconstruction improvement is to be paid from State and Local Funds, and approximately 32% 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 Concrete Paving Rehab/Reconstruction must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

Direct City Auditor's Office to Call for Bids for Improvement District No. PR-21-F:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. PR-21-F in the City of Fargo, North Dakota.

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

Street Lighting and Incidentals Improvement District No. SL-21-C (Between I-29 and Red River on 40th Avenue North):
Commissioner Piepkorn moved the following action be taken in connection with Street Lighting and Incidentals Improvement District No. SL-21-C:

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

The area between I-29 and the Red River on 40th Avenue North (Cass Hwy 20 N), where there currently are no City of Fargo street lights in place or where the existing street lighting system needs replacement.

COMPRISING:
Lots 1 and 2, Block 1.
All of Air Industrial Park First Addition.

Lots 1 through 4, Block 1.
All of AMPC Second Addition.

Lot 1, Block 1.
All of Curriers Third Addition.

Lots 1, 2 and 3, Block 1.
All of DDK Addition.

Lot 1, Block 1.
Lot 1, Block 2.
All of Griffeth Subdivision

Lots 1 through 4, Block 1.
All of Hager's First Addition.

Hector International Airport, All those parts of Section 22 & 23, 24, 25 & 26, Township 140 North, Range 49 West, Unplatted, lying within the City limits of Fargo, Owned by the Municipal Airport Authority of the City of Fargo, Less a parcel of land in the Northeast ¼ of Section 22, Township 140 North, Range 49 West, described as follows: A tract of land 82.5 feet in width lying Westerly of Lot 1, Block 1, Curriers 2 Subdivision of Section 22, Township 140 North, Range 49 West, measuring at right angles from Westerly Line of said Lot 1, Block 1, Curriers 2 Subdivision & bounded on South by Right of Way line of Highway 81 & bounded on North by Right of Way Line of Cass County Highway 20 (The foregoing described property is a rectangular parcel of land 82.5 feet wide & 7224.9 feet long on its Easterly boundary with said Lot 1, Block 1, Curriers ND Subdivision & slightly longer on its Westerly boundary
less parcels 860.0-5000.0 Air Industrial Park 1, 350.0-1209.1 1209.2, 1209.4 & 01-8590-00020-000. *06/28/99 SPL/FR 8590-00100 Land only *8/31/15 SPL/FR 01-8590-00015-000 SPL#2015-073 DOC#1452600 *7/27/17 COMB/FR Lease parcels & 01-8590-00022-000 SPL#2017-067 Hector International Airport (Land).
All of Hector International Airport (Land) Addition.

Lot 1, Block 1.
All of North Central Subdivision.

Lot 1, Block 1.
All of Palmers Subdivision.

Lots 1 through 24, Replat of (Block 1).
Lots 1 through 38, Replat of (Block 2).
All of Red River Addition.

Lots 1 through 13, Block 1.
Lots 1 through 6, Block 2.
Lots 1 through 8, Block A. Replat of (Block 3 & 4).
All of Riverwood Second Addition.

Lots 1 through 6, Block 5.
Lots 1 through 16, Block 6.
Lots 1 through 8, Block 7.
All of Riverwood Third Addition.

Lots 1 through 8, Block 1.
Lots 1 through 8, Block 2.
Lots 1 through 8, Block 3.
Lots 1 through 11, Block 4.
All of Riverwood Fourth Addition.

Lots 1 through 4, Block 1.
Lots 1 through 6, Block 2.
Lots 1 through 9, Block 3.
All of Riverwood Fifth Addition.

Lots 1 through 10, Block 1.
Lots 1 through 4, Block 2.
Lots 1 through 6, Block 3.
All of Riverwood Sixth Addition.

Lots 1 through 7, Block 1.
Lots 1 through 4, Block 2.
Lots 1 through 8, Block 3.
All of Riverwood Seventh Addition.
Lots 1 through 4, Block 1.

Lots 1 through 4, Block 2.
Lots 1 through 8, Block 3.
All of Riverwood Eighth Addition.

Lots 1 through 10, Block 1.
Lots 1 through 10, Block 2.
All of Riverwood 1922 First Addition.

Lots 1 and 2, Block 1.
Lots 1 through 7, Block 2.
All of RLN Business Park First Addition.

Lots 1 through 13, Block 1.
All of RLN Business Park Second Addition.

Lots 1 through 13, Block 1.
All of Royal Oaks Second Addition.

Lot 1, Block 1.
All of Tunheim Addition.

Lots 1 through 4, Block 1.
All of TRI Addition.

Unplatted Northside Annexation.

Lot 1, Block 1.
All of Votava 2007 Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Street Lighting and Incidentals Improvement District No. SL-21-C in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. SL-21-C:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. SL-21-C in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $700,308.00.)

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

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

Adopt Resolution Declaring Street Lighting and Incidentals 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 Street Lighting and Incidentals Improvement District No. SL-21-C in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Street Lighting & Incidentals must be in writing and must be filed with the City Auditor's Office within 30 days after first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

Direct City Auditor's Office to Call for Bids for Improvement District No. SL-21-C:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. SL-21-C in the City of Fargo, North Dakota.

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

Contract for New Paving and Utility Construction Improvement District No. BN-21-C1 Approved:
Commissioner Piepkorn moved the Contract between the City of Fargo and Key Contracting, Inc. for New Paving and Utility Construction Improvement District
No. BN-21-C1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for New Paving and Utility Construction Improvement District No. BN-21-C1 Approved:
Commissioner Piepkorn moved the following described Contract Bond be approved as to sufficiency:
Western Surety Company, in the amount of $888,588.74, for New Paving and Utility Construction Improvement District No. BN-21-C1 in the City of Fargo, North Dakota.

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

Contract for New Paving and Utility Construction Improvement District No. BN-21-G1 Approved:
Commissioner Piepkorn moved the Contract between the City of Fargo and Dakota Underground Company, Inc. for New Paving and Utility Construction Improvement District No. BN-21-G1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for New Paving and Utility Construction Improvement District No. BN-21-G1 Approved:
Commissioner Piepkorn moved the following described Contract Bond be approved as to sufficiency:
United Fire and Casualty Company, in the amount of $1,826,428.88, for New Paving and Utility Construction Improvement District No. BN-21-G1 in the City of Fargo, North Dakota.

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

Contract for New Utility Construction Improvement District No. UN-21-A1 Approved:
Commissioner Piepkorn moved the Contract between the City of Fargo and Dakota Underground Company, Inc. for New Utility Construction Improvement District
No. UN-21-A1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for New Utility Construction Improvement District No. UN-21-A1 Approved:
Commissioner Piepkorn moved the following described Contract Bond be approved as to sufficiency:
United Fire and Casualty Company, in the amount of $2,060,304.60, for New Utility Construction Improvement District No. UN-21-A1 in the City of Fargo, North Dakota.

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

Resident Comments:
Shanna Krogh shared workforce concerns and Christopher Coen spoke on tax exemptions and open record requests.

Amendments to the 2020 Action Plan Community Development Block Grant (CDGB) Approved:
A Hearing had been set for this day and hour to consider Amendments to the 2020 Action Plan Community Development Block Grant.

Community Development Planning Coordinator Tia Braseth said this amendment adds another property to the existing affordable housing project involving the Cass Clay Community Land Trust (CCCLT) and Lake Agassiz Habitat for Humanity and includes the introduction of CDBG funds where it is only HUD Home funds at this time. She said it would allow the CCCLT to purchase and demolish a dangerous building in the Roosevelt Neighborhood and later partner with Habitat for Humanity to build a unit on that lot. No comments have been received to date, she said.

Mayor Mahoney closed the public hearing.
Commissioner Strand disclosed that he sits on the Board of Directors of the Cass Clay Community Land Trust and does not have a financial interest in it; however, he wanted the Commissioners to have that information.

Commissioner Preston offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, 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.

Parcels of Land in Golden Valley Fifth Addition Rezoned (2800 67th Avenue South; 6891, 6907, 6919, 6929, 6941 26th Street South; 2628 69th Avenue South; and 2631 Golden Lane South):
At a Hearing held on January 5, 2021 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural, SR-4,
Single-Dwelling Residential and P/I, Public and Institutional with a C-O, Conditional Overlay to SR-2, Single-Dwelling Residential and SR-4, Single Dwelling Residential.

The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Current Planning Coordinator Donald Kress said the plat creates 17 lots in two blocks, plus a vacation and dedication of right-of-way. He said the Growth Plan Amendment makes the area along the arterial road all commercial. It is the area of the proposed large Sanford Sports Complex, he said, and includes a Conditional Overlay consistent with new commercial corridors which has a variety of standards including restricted billboards.

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

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

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

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

Resolution Adopted Approving Golden Valley Fifth Addition:
Commissioner Preston offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Golden Valley Fifth Addition” containing 17 Lots, 2 Blocks and 6.33 acres of land more or less, located at 2800 67th Avenue South; 6891, 6907, 6919, 6929, 6941 26th Street South; 2628 69th Avenue South; and 2631 Golden Lane South; and
WHEREAS, A Hearing was held January 5, 2021 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on April 14, 21, 28, and May 5, 2021 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., May 17, 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 “Golden Valley Fifth Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

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

Parcels of Land in Sanford Addition Rezoned (6103 38th Street South):
At a Hearing held on February 2, 2021 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to SR-2,
Single-Dwelling Residential, LC, Limited Commercial, with a C-O, Conditional Overlay and P/I, Public and Institutional.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Current Planning Coordinator Donald Kress said the plat creates six lots in four blocks, including one lot for future right-of-way. There will be a pedestrian underpass and trails included, he said.

Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff 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, Preston, Strand 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 Sanford 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 Sanford 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, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Resolution Adopted Approving Sanford 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 “Sanford Addition” containing 6 Lots, 4 Blocks and 123.8 acres of land more or less, located at 6103 38th Street South; and
WHEREAS, A Hearing was held February 2, 2021 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on May 5 and 12, 2021 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., May 17, 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 “Sanford Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

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

Parcels of Land in EOLA Addition Rezoned and Planned Unit Development Master Land Use Plan Approved (2470 and 2500 45th Street South):
At Hearings held on March 2, 2021 and April 6, 2021 the Fargo Planning Commission recommended approval of a change in zoning from GC, General Commercial with a PUD, Planned Unit Development Master Land Use Plan and a request to repeal the C-O, Conditional Overlay within the boundaries of the proposed EOLA Addition.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Current Planning Coordinator Donald Kress said this is the site of one of the previous Anderson Softball Complex ball fields. He said the plat creates seven lots in two blocks, including a large park in the middle, and there is a request for a subdivision waiver for street width for a somewhat narrower right-of-way than is normally dedicated. The Preliminary PUD Master Land Use Plan is a 4-acre urban park with eight, 7-story buildings, underground parking, 1-2 floors of commercial space with a combination of residential condominiums and apartments, he said.
In response to a question from Commissioner Preston asking about parking requirements, Blake Nybakken of EPIC Companies said each building has underground parking. He said Walker Consultants was utilized for a parking study on the anticipated uses and their number was used, which is a slight reduction from underlying zoning. He said their model includes a ramp with 375 spaces, which, as of now, would be open to the public.
In response to a question from Commissioner Gehrig asking if an incentive will be sought, Mr. Nybakken said that is being studied, he is here today for the plat.
In response to a question from Commissioner Gehrig asking if the Fire Department has an issue with the minor adjustment in the road width, Fire Chief Steve Dirksen said his department is active in the planning process and are okay with it.

Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning, Planned Unit Development (PUD) Overlay and Planned Unit Development Master Land Use Plan 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 Preston. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Preston, Strand, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

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

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

Resolution Adopted Approving EOLA Addition:
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “EOLA Addition” containing 7 Lots, 2 Blocks and 16.7 acres of land more or less, located at 2470 and 2500 45th Street South; and
WHEREAS, A Hearing was held March 2, 2021 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on May 5 and 12, 2021 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., May 17, 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 “EOLA Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

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

Parcels of Land in 220 Addition Rezoned (214 and 220 6th Avenue North):
At a Hearing held on March 2, 2021 the Fargo Planning Commission recommended approval of a change in zoning from MR-3, Multi-Dwelling Residential to DMU, Downtown Mixed-Use.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Current Planning Coordinator Donald Kress said the plat combines two existing lots into a single lot and block.

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

First Reading of an Ordinance Rezoning a Certain Parcel of Land Lying in 220 Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Gehrig 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 220 Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving 220 Addition:
Commissioner Gehrig 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 “220 Addition” containing 1 Lot, 1 Block and 0.19 acres of land more or less, located at 214 and 220 6th Avenue North; and
WHEREAS, A Hearing was held March 2, 2021 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on May 5 and 12, 2021 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., May 17, 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 “220 Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

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

Resolution Adopted Approving Southview Villages Second Addition (1701, 1707, 1713, 1719, 1725, 1731, 1735, 1741, 1747, 1751, 1755 and 1761 Prairie Lane South):
A Hearing had been set for this day and hour to consider an application requesting a Plat of Southview Villages Second Addition, a replat of Lots 7-18, Block 6B, of a replat of Lots 12-21, Block 7, Lots 1-16, Block 6 and Lots 37-46, Block 6A, Southview Villages Addition and a vacation of a portion of 25th Street South
Right-of-Way.

Current Planning Coordinator Donald Kress said the goal of this plat is to vacate a 21-foot wide strip of 25th Street right-of-way that the dozen residences have been allowed to encroach on for many years. He said approval of the vacation plat would end the need for individual encroachment agreements and put everything on one lot for the property owners.

Commissioner Preston offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Southview Villages Second Addition” containing 12 Lots, 1 Block and 4.37 acres of land more or less, located at 1701, 1707, 1713, 1719, 1725, 1731, 1735, 1741, 1747, 1751, 1755 and 1761 Prairie Lane South; and
WHEREAS, A Hearing was held April 6, 2021 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on April 14, 21, 28 and May 5, 2021 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., May 17, 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 “Southview Villages Second Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

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

Hearing on a Dangerous Building Located at 1343 2nd Avenue South: City Attorney's Office Directed to Prepare the Appropriate Findings of Fact and Order:
A Hearing had been set for April 19, 2021 on a dangerous building located at 1343 2nd Avenue South.
At the April 19, 2021 meeting, the Hearing was continued to this day and hour.

Inspections Administrator Bruce Taralson said a representative of the owner requested the Hearing be delayed to this date. He said the motion and timeline has been revised to give the owner an additional month, July 15, 2021 instead of
June 15, 2021. He said there are issues with ownership and HUD, and some work is underway getting bids and doing repairs. City Commission action is requested to finalize dates, he said, and he would like to move ahead with the Findings of Fact and Order.

Jason Henderson (via conference call) said he does not represent the owner; he represents the mortgage interest holder. There are complexities, he said, one that his client had been hands-off due to a combination of foreclosure moratoriums imposed on federally backed loans, as well as mistakenly believing the property was lawfully occupied. He said since that time, his client has taken possession and attempted to secure the property. He said bids are being secured for repairs and a structural report showed no signs it is an unsound building. Some of the hoops to go through are to request consent for repairs from HUD and if not obtained the client must make further decisions. He said it seems premature to have a decision made to demolish the building before the client can determine financial feasibility of repairs; thus, his request is for a continuance for another four weeks.

Mr. Taralson said no one has taken responsibility for the property, just last week the property had to be cleared and secured due to squatters. As long as progress is being made, his department will work with an owner or owner’s representative, he said. This property has a third unwanted apartment in the basement and this action will require it to follow the Land Development Code making it two quality units, he said.

In response to a question from Commissioner Preston asking if the house is salvageable, Mr. Taralson said it is. He said his department could work with the representatives and as long as there is some progress, the deadline could be extended. He will report back in July, he said, and he hopes for a resolution.

Commissioner Piepkorn moved to designate this building to be a dangerous building, direct the City Attorney’s Office to prepare findings of fact in this matter, and order its removal by July 15, 2021, and appropriate staff secure the removal of the building at that time, if the Owner or Interested Party takes responsibility and obtains a permit to repair the property prior to July 15, 2021, the property will be required to comply with the current Land Development Code requirements of use per
Section 20-1002.C.

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 a Dangerous Building Located at 1426 4th Avenue 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 1426 4th Avenue North.
The Board received a communication from Inspections Administrator Bruce Taralson submitting a Notice of Dangerous Building Order. The Inspections Department has taken this action due to multiple neighborhood complaints, he said, and the building meets six of the ten criteria to deem it a dangerous building. Violations and complaints started in 2004, he said. The building is vacant and uninhabitable, he stated, and violations include a buckling foundation where previous bracing has failed, amateur wiring on the furnace in the basement, evidence of rodent and larger animal infestation, evidence of squatters in the building and garage, multiple missing and boarded-up windows, garage roof covered with a tarp and the front porch structurally unsound. He said the structure has been vacant since September 2020 as per an eviction order. There is a discrepancy on ownership and issues with a contract for deed with neither party taking responsibility. With the Board’s action today, the responsibility will fall on the owner to provide action on a plan for the house, he stated.

Commissioner Strand 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 Stand, Gehrig, Preston, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Renewal Plan for Tax Increment Financing District No. 2021-02 Approved:
A Hearing had been set for this day and hour to review a Renewal Plan for Tax Increment Financing District No. 2021-02, which consists of redevelopment of a site on the south side of the street in the 1600 and 1700 blocks of 1st Avenue North to clean up a blighted property and construct a new development with retail space, event space, hotel rooms and apartments.
No written protest or objection to the Plan 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 Plan.

Strategic Planning Director Jim Gilmour said this Tax Increment Financing request comes through the new process where it started with the Tax Exempt Review
Committee. The direction of the Tax Exempt Review Committee, he said, was to go ahead with the Renewal Plan and to submit the financials to the City’s financial adviser, PFM. He said the site meets the definition of blight and the owner had to swap some property with an adjacent owner. Following the financial review, he said, it went back to the Tax Exempt Review Committee and it was noted the financial adviser said without financial assistance the project is not feasible; thus the project meets the “but-for” test. He said it makes use of existing infrastructure, its use will be compatible with adjacent land uses and it provides a space the public can rent for events, similar to a small convention center although privately financed. One purpose of a Hearing is to note whether there is unfair competition, he said, and he was contacted by two hotel owners with concerns about additional hotel rooms and current lower occupancy rates. He said the development agreement is structured so that all costs will be documented with the City providing up to $1.5 million in incentives; however, if actual costs are less the incentive would be less. He said it would be capped at 10 years of income and if the revenue comes in higher, the TIF term may end sooner.

Mark Bjornstad, Drekker Brewing, said the Brewhalla project is substantial, multifaceted and meant to be a space for the community to gather, foster local businesses, celebrate with events and encourage tourism. He said it includes a food hall, community market, event center, conference center, experience focused lodging, residential living as well as community benefits. It is infill in a core neighborhood, he said, which will create businesses and jobs, and has potential for future property tax generation. Some extraordinary project costs involved were the complicated land acquisition, landfill site excavation, soil conditions and demolition, site work during land acquisition and public works improvements for the site as well as neighboring properties.

In response to a question from Commissioner Gehrig asking what Mr. Bjornstad would do if he did not get the incentive, Mr. Bjornstad said as the feasibility study shows, the project is not really feasible without the incentive and they would have to go back and reevaluate the project as a whole. The developers are taking the risk, he said, there is not a risk to the City with a bonded TIF.

Commissioner Gehrig said they will do something; however, with an incentive they will do something better. He said he does not feel it is incumbent upon the taxpayers to make the project better and the developer should build what is feasible. He said it is a cool project and he hopes they go forward without the incentive; however, he will be voting no.

In response to a question from Commissioner Piepkorn asking what property taxes are paid on the property now and what would they be after the project,

Mr. Gilmour said the current value is only the land, which is about $600,000.00 so taxes could be less than $5,000.00. If the property ends up being assessed at $15 million there would be roughly $200,000.00 per year in property taxes, he said.

Matthew Schnackenberg, PFM, said two main things they look at in the financial analysis is to see if the debt service coverage is reasonable and internal rate of return. He said often banks require minimum coverage in the range of 1.2 times on the debt service. Without an incentive, he said, this project is looking at a 1.06 to 1.07 times coverage and based on the 1.2 times minimum requirement, they would not be able to obtain financing as the project is being presented. He calculated internal rate of return at 16.15% with the incentive, he said, and with the risks involved in the project, it is appropriate to look at a 15-20% rate, so the 16.15% is on the low end; however, it is appropriate.

In response to a question from Commissioner Gehrig about the Return on Investment (ROI), Mr. Schnackenberg said without an incentive it is 8.46%.

Commissioner Gehrig said it is a great project and he hopes it moves forward; however, incentives take money away from taxpayers and is a reason taxes increase year after year.

Commissioner Piepkorn said projects completed have greatly increased the tax base which can actually decrease taxes. This property has been an empty lot for
40-50 years and paid only a small amount of taxes and when the TIF is complete, a large amount of property taxes will go to the general fund. He said this project does not carry risk to the taxpayer and without participation from the City, this project would not go ahead.

Commissioner Gehrig said to say the projects and growth are happening based purely on incentives is false.

Commissioner Strand said his sense is TIFs are for blighted properties that cannot be improved without public support; however, he does not understand utilizing TIF dollars for land purchasing, which is two-thirds of this entire TIF.

Mr. Gilmour said TIF money is typically used for public facilities, demolition and the problem of land acquisition. He said the developer owns part of the site but to acquire the rest, they had to pay above market value and traded for land across the street where other buildings were torn down, making the cost of land acquisition higher than the City had assessed. He said this development could not happen as proposed without help with the land acquisition and the project fits the TIF policy in the type of things allowed such as documented land acquisition, it meets the financial test and it fits with the overall goals and plans of the City and Go2030.

In response to a question from Commissioner Strand asking how much of the $971,00.00 is land acquisition, Mr. Gilmour said part of the land was already owned; therefore, it would be the part acquired that would be eligible and those costs would be documented as part of the review of the project. He said the cost to acquire the adjacent site and demo was $1.2 million.

In response to a question from Commissioner Preston asking about the land swap, Mr. Bjornstad said a separate entity leased storage space to Ferguson and they were interested in the property to meet their own needs, so some short term storage buildings were demolished to be their outdoor storage yard.

Commissioner Gehrig said overpaying for land acquisition costs should not be the fault of the taxpayer.

Commissioner Preston said concerns have been expressed in recent months in trying to understand the entire program of tax incentives and whether they are being targeted as they need to be. She is not comfortable not approving something that follows policy, she said, the policy is the question here and it cannot be changed in the middle of a project. She said she would like to have a more in-depth conversation about incentives, how they are targeted, whether they are effective and how to evaluate them.

Assistant City Administrator Michael Redlinger said contact has been made with a company that could be potentially worked with and an RFP is being considered for an analysis that could help inform the Tax Exempt Review Committee and the City Commission long term.

Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, Certain areas within the City are in need of development in order to prevent further deterioration and to preserve property values; and
WHEREAS, The Board of City Commissioners desires to avail itself of the power and authority granted by Chapter 40-58 NDCC.
NOW, THEREFORE, BE IT RESOLVED, By the Board of City Commissioners as follows:
1. That one or more slum or blighted areas or areas consisting of industrial or commercial property, or a combination of those areas of properties exist in the City of Fargo.
2. That the development, rehabilitation, conservation or redevelopment or a combination thereof, of the area contained within the Renewal Plan for Tax Increment Financing District No. 2021-02 is necessary in the interest of public health, safety, morals or welfare of the residents of the City of Fargo.
3. That the area designated as the Renewal Plan for Tax Increment Financing District No. 2021-02 is underdeveloped and is appropriate for a development or renewal project.
4. That such development, rehabilitation, conservation or redevelopment of the area contained in the Renewal Plan for Tax Increment Financing District No. 2021-02 requires the powers and authority granted in Chapter 40-58 NDCC.
5. That the Renewal Plan for Tax Increment Financing District No. 2021-02 is officially adopted by the Board.
6. That Developer's Agreements be prepared in regard to the Tax Increment exemption.
7. That the appropriate staff be directed to request the county auditor and treasurer to compute, certify and remit tax increments resulting from the development or renewal of the area in accordance with the plan and any modifications thereof and that the county auditor and treasurer shall do so in accordance with this section.
Second by Preston.

Commissioner Strand moved to amend the motion to modify the proposal to exclude land acquisition costs and fund up to $544,000.00 rather than the $1.5 million, which would include the demolition, public works improvements and administrative fees

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

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

At 6:20 p.m. the Board took a ten-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

COVID-19 Update:
Mayor Mahoney said there have been discussions on what to do as people get vaccinated and the community seems to be opening up. On May 13, 2021, he said, the Centers for Disease Control and Prevention (CDC) said fully vaccinated people can resume activity without wearing a mask or physically distancing. The City has been compliant with CDC regulations and masks have been required of staff since August 17, 2020 and for the public in City facilities since October 2020. The recommendation is to end the requirement for staff and visitors to wear face masks and social distance within City facilities if fully vaccinated against COVID-19, phase out alternate work arrangements and return to pre-COVID arrangements for meetings including all seats returned to the Chambers and dias areas with virtual accommodations made, as requested. The proposed changes will take place in two weeks to allow staff time to accommodate.

In response to a question from Commissioner Preston asking the percentage of staff who have been vaccinated, Mayor Mahoney said he has heard 60-70%; Public Health employees must be vaccinated, Fire Department is 93-94% and the Police Department is at about 65%.
Director of Human Resources Jill Minette said staff has not been asked to
self-report vaccination status; therefore, the numbers are not exact. Hearing from departments where employees have volunteered information, it appears there is a good coverage rate across the City staff, she said.

Commissioner Preston said employees need some time to express their concerns, as there may be individuals with vulnerable family members at home and being required to come to an environment without masking and not knowing who is vaccinated could cause concern.

Ms. Minette said a two-week window allows for special accommodation requests to be reviewed.

Commissioner Piepkorn moved the following actions be approved effective in June 1, 2021:
1. End requirement for staff and visitors to wear face masks and social distance within City facilities if fully vaccinated against COVID-19.
2. Phase out alternative work arrangements for employees.
3. Return to pre-COVID arrangements for City board, committee and Commission meetings.

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

Resolutions Regarding City’s Pledge and Acceptance of and Agreement to the Master Indenture of Trust Adopted:
Metro Flood Diversion Authority General Counsel and Bond Counsel John Shockley said he has two Resolutions, the first pledge Resolution dedicating the sales taxes from the City and the second accepts the duties as fiscal agent. He said the City of Fargo will be serving as the long-term fiscal agent for the project under the
Master Indenture of Trust. He said the Diversion Authority obtained a United States Environmental Protection Agency Water Infrastructure Finance and Innovation Act (WIFIA) loan and is set to approve the Master Indenture of Trust and WIFIA Loan Agreement on May 27, 2021 with closing on June 28, 2021. He shared background information on the sales tax and the Metro Flood Diversion project, Joint Powers Agreement and gave an overview of the City Pledge Resolution and what it authorizes. The WIFIA Program is essentially the reason for passing these Resolutions, he said, and he outlined the terms of the loan program. He shared the flow of funds for the Master Indenture of Trust and the fiscal agent duties.

Commissioner Gehrig said as clarification Fargo taxpayers approved the quarter cent Sales Tax for infrastructure and flood protection and when it ends in 2028, the public would have to vote to renew that tax and it would have to come to the City Commission to put it back into the fund for the Diversion.

Mr. Shockley said per the Resolution, the City is committing the quarter cent sales tax through the sunset date, and the City Commission could choose to dedicate it if there were a renewal.

Commissioner Strand said to confirm, this approach is consistent with what has been laid out in the past and dedicating sales tax revenues to the project also assures property owners that it is not the intention to ever implement the tax assessment districts.

Mr. Shockley said those funds are not pledged as a primary revenue source but as a backup if there were ever a serious shortage of sales tax. He said the more sales tax pledged to the project, the less likely an assessment. The direction from policy makers has been to never rely on special assessments as a source of revenue, he said, and to only use them as a backstop to get better credit ratings. The repayment has always been planned through sales taxes, he said.

Mayor Mahoney acknowledged Mr. Shockley’s great work on the WIFIA loan at 1.5% and the SRF loan, which greatly reduced costs and secured money that was not expected when the process started.

Commissioner Strand moved the Resolutions entitled “Resolution Pledging and Dedicating One Hundred Percent (100%) of the City 3-21 Sales Tax; One Hundred Percent (100%) of the City 3-22 Sales Tax; and Twenty-Five Percent (25%) of the One Cent ($0.01) City 3-20 Sales Tax to the Metro Flood Diversion Authority,” and “Resolution Accepting and Agreeing to the Terms and Conditions of the Master Indenture of Trust Between the Metro Flood Diversion Authority, Cass County Joint Water Resource District, The City of Fargo, North Dakota, as Fiscal Agent, and the Bank of North Dakota, as Trustee,” be adopted and attached hereto.

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

Core Neighborhoods Master Plan Approved:
Long Range Planning Coordinator Aaron Nelson said the Core Neighborhoods Master Plan was discussed in detail at a joint meeting with the City Commission, Planning Commission and Project Steering Committee on February 8, 2021.
Project Consulting Group czb, LLC Project Manager Pete Lombardi (via conference call) said they worked with three steering committees consisting of 60 members and over 400 people participated in online surveys. He said the top issues heard were homes in need of repair, condition and impacts of rental housing, safety, quality of life and land use impacts of traffic and major roadways and incompatible development and uncertainty in transitional areas. Several incompatibilities with community goals were identified, he said, which were uncertainties about what can go where and what it will look like and that uncertainty may be contributing to hesitancy to invest and engage. He said the four key takeaways are preventive maintenance, the need for a comprehensive set of tools to address issues, core goals cannot be met without a wider perspective and achieving the goals will take time and collaboration.

Mr. Nelson said the request is for approval of the Core Neighborhoods Master Plan, which will provide vision and direction. He said there is an existing contract with czb to assist with some initial efforts.

Commissioner Strand pointed out that this is not just a moment in time, this is the path forward and roadmap for every department in the City.

Commissioner Preston said the broad impacts of the plan go well beyond addressing some of the concerns and while it is important to recognize it is used daily by staff, there are larger implications for resource allocation to keep in mind going forward.
Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, The City of Fargo has undertaken a neighborhood planning effort focusing on the key issues facing the City's oldest nine neighborhoods; and
WHEREAS, The Board of City Commissioners initiated the Core Neighborhoods Master Plan project on July 1, 2019, and shortly thereafter, hired the project consultant, czb, LLC, to lead the City through a collaborative planning process; and
WHEREAS, As a part of that collaborative process, the City of Fargo formed four committees that convened six times throughout the development of the plan and was comprised of over 70 individuals, including City officials, representatives of partner organizations and residents and citizen stakeholders from the nine core neighborhoods, and additionally more than 400 citizens provided feedback regarding issues in their neighborhoods through a public survey and online open house; and,
WHEREAS, On February 8, 2021, the City of Fargo Core Neighborhoods Master Plan was presented, along with a draft of the plan, at a joint meeting of the Board of City Commissioners, Planning Commission and Project Steering Committee for review and discussion; and
WHEREAS, The Planning Commission held a public hearing at its
April 6, 2021 meeting on the completed plan and recommended approval and adoption of the plan to the Board of City Commissioners; and
WHEREAS, The adopted City of Fargo Core Neighborhoods Master Plan will provide a big-picture approach designed to tackle complex neighborhood issues as well as achieve a unified approach to policy and decision-making in regards to these core neighborhoods.
NOW, THEREFORE, BE IT RESOLVED, That the Fargo City Commission does hereby adopt the City of Fargo Core Neighborhoods Master Plan for use as a tool to implement its recommendations to enhance the overall development and preservation of the City of Fargo's core neighborhoods.

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

Work Plan to Develop an RFP for a Comprehensive Update to the Land Development Code Approved:
Long Range Planning Coordinator Aaron Nelson said the Land Development Code Diagnostic Study is intended to be a first exploratory step in a larger process of updating the city’s zoning and subdivision regulations. The City contracted with Lisa Wise Consulting, Inc. to do this work over the last 18 months or so, he stated.

Project Manager Kathryn Slama of Lisa Wise Consulting, Inc. (via conference call) outlined the Preferred Approach and Work Plan, including the process, the work to date, the work plan overview and timeline and key considerations.

Mr. Nelson said staff intends to utilize the information in the work plan to form the department work plan and specifically work with the Core Neighborhoods Master Plan and prioritize long range planning needs. He said a zoning plan update is a large undertaking and typically takes place over several years and budgeting will be over multiple year periods.

In response to a question from Mayor Mahoney asking why this takes so long, Planning Director Nicole Crutchfield said the biggest constraint is to be sure the stakeholders understand what is being proposed. The part that takes the time, she said, is input from stakeholders, developers and landowners and it is important they understand constraints, conditions or concepts. There are three growth plans to be stitched together to a single plan to set the vision.

Commissioner Preston said the worst thing to do would be to plop a new growth plan on the City without it being totally integrated and when it was done back in the 90s it was done too quickly and too superficially so the cultural and integrated changes that needed to happen were overlooked and it seemed everything reverted right back to some old practices. She said it might take a little longer to do this right.

Commissioner Strand said there is now a footprint for the Diversion in South Fargo that was not there before which will create a flurry of activity to be managed.

In response to a question from Commissioner Strand asking whether jurisdictions now consider return on investment in their planning, Ms. Crutchfield said staff members are working with Baker Tilley to help with an ROI study for a financial modeling tool to help analyze some of the developments to help understand
long-term impacts for highest and best use.

Commissioner Gehrig moved to direct staff to proceed with the formation of a work plan to develop an RFP for a comprehensive update to the Land Development Code.

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

Presentation and Updates on Cass Clay Community Land Trust:
Assistant City Administrator Michael Redlinger said the City of Fargo budget in 2020 provided a $50,000.00 allocation for the Cass Clay Community Land Trust (CCCLT) and the same will be in the 2021 budget.

Trenton Garads, Cass Clay Community Land Trust Executive Director, said the goal of the land trust is to create and maintain affordable home ownership opportunities in the community. In partnership with the City, Rebuilding Together and the FM Area Foundation, ground was broken on a twinhome about a year ago at 11th Street and 13th Avenue South, followed by an agreement with Rebuilding Together to develop two more affordable home ownership opportunities at 16 1/2 Avenue and 13th Avenue South and a family was selected to move into one of the first homes. He said those homes needed to be sold to a family that is at 80% median income or less and selection is expected soon for the other side of that unit. He said the goal is 105 affordable homes in the upcoming years and these first four will soon be owner occupied. Work is being done with a number of other partnerships, he said, to become sufficient and use resources wisely and they are working with Planning staff for additional lots. He said the Land Trust is not only concerned with getting people into homes, the stewardship of the homeowners is also a concern so they have put together a plan in working with homeowners to help with budgeting, home maintenance plus getting the homeowners connected into the community so they grow roots and stay.

Commissioner Strand said this is a regional approach, not just Fargo and there are amazing people at the Board level. He clarified that a land trust is dual ownership where the land stays forever in the trust and the home changes ownership. This is a model of home ownership that stays affordable into the future, he said.

Discussion on Workforce Shortage in Fargo:
Commissioner Gehrig said he and the Commissioners have all heard from business owners and others that they have many job openings with few applying. Governor Doug Burgum has announced he will end the Federal Aid program for unemployment, which extends the number of weeks allowed for unemployment and adds hundreds of dollars per week. He said he asked Strategic Planning Director Jim Gilmour for data, which he would like shared with the Board.

Mr. Gilmour said he got some numbers from Job Service; however, it can be difficult to match-up data because some is only available on a regional basis and some is city specific and some is metro data. He said in Region 5 (local 6 county region) there were 3,309 job postings in May 2020 compared to 5,923 in April 2021. In the FM Metro area, he said, there were 137,523 people employed in February 2020 and 137,238 in March 2021. He said the unemployed in the FM Metro in February 2020 was 3,649 compared to 5,379 in March 2021. He said there is no real detail on who is unemployed; however, it seems more men have entered the labor force and more women leave or do not enter because of the availability of childcare or elder care. In much of the country the labor force is lower since the pandemic started, he said, in this area it is much the same. Of the 5,923 April 2021 job openings, 55% do not require higher education, the typical wage is more than $15/hour for 91% of the openings and more than $20/hour for 64%, he said. He said in North Dakota, for every 100-job openings in this region, 34 people are looking for work.

Current unemployment claims were at 741 in May 2021, while in January 2020
it was 1,020 and in May 2020 it was 9,240, he said, so it is interesting that there are fewer people on unemployment now than pre-COVID.

In response to a question from Commissioner Preston asking if there is a way to dig deeper to find out why people have dropped out of the job market, Mr. Gilmour said nationally the unemployment benefits for some were high enough to allow time before returning. Childcare is a factor as well as school closures, he said, and some in service jobs are still reluctant to go back for fear of health implications. There are many jobs, he said, so some may be taking their time deciding where they want to work.

City Attorney Directed to Draft an Ordinance to Bring Fargo Home Occupation Regulations into Conformance with North Dakota Law:
The Board received a communication from Commissioner Gehrig stating that North Dakota House Bill 1248, as amended, has been enacted and he would like the Commission’s approval of a motion that authorizes the City Attorney to prepare an Ordinance that will bring Fargo’s Ordinance into line with the requirements and restrictions of HB 1248. He said the Ordinance would repeal Fargo’s prohibition of firearms and ammunition sales as an eligible home occupation. House Bill 1248 was introduced for the purpose of addressing Fargo’s zoning law, he said, and in particular, the portion of Fargo’s “home occupations” zoning law that prohibits City residents who qualify for a Federal firearms license from being able to use their home as a base for an occupation in buying, selling and assisting in transfers of licenses of firearms and ammunition. He said to his knowledge no other city in North Dakota has zoning laws that isolate and distinguish firearm and/or ammunition sales as a prohibited use of a property when retail sales and service is otherwise permitted. The State Legislator who was the principal sponsor of the bill said Fargo’s home occupation restriction was the focus of the bill, he said. Fargo Land Development Code Section 20-0403.C (5)(e) states the sale of firearms and/or ammunition and the production of ammunition for sale or resale are prohibited as home occupations, he said. He knows the City Commission and City residents have divided sentiments about the bill, he said, and some felt the bill invaded territory that should be a matter of “local control.” Others simply did not like the idea of firearms and/or ammunition being sold or traded in residential neighborhoods, he said, and as a result of considerable discussion, the City Commission took an official position opposing passage of the bill. He said he appreciates the fact that passage of HB 1248 will not change people’s feelings or arguments about the bill; however, the bill is law and the City would be simply revising its laws to conform to the new State law. Fargo’s home occupation restrictions on firearm and ammunition sales is a “zoning law,” he said; therefore, an Amendment requires a Public Hearing to be held by the Fargo Planning Commission, which is scheduled to occur at their next Regular Meeting. He said he trusts that the Planning Commission will recognize the need for this housekeeping measure and will recommend approval of the appropriate Amendment. Thereafter, he said, the housekeeping Amendment would be scheduled for a Hearing and decision by the City Commission. He said he has asked the City Attorney about HB 1248, who advised that the bill, which has been enacted, will render Fargo’s firearm sales restrictions zoning law void and unenforceable. He also noted the bill empowers any person who is aggrieved by a City Ordinance, including a zoning Ordinance, that conflicts with the State law (N.D.C.C. Section 62.1-01-03, as amended) to bring a civil action for damages against the City.

City Attorney Erik Johnson said the bill targeted the City’s home occupation restriction. HB 1248 is effective August 1st and renders the provision in Fargo’s LDC void and his recommendation is to bring the LDC into conformance with State law. It would go first to the Planning Commission for a recommendation then come back to the City Commission for a public hear the Text Amendment to the LDC.

Commissioner Strand said he wishes the State would defer to local leadership for local issues when local people implement them.

Commissioner Gehrig moved that the City Attorney be directed to draft an Ordinance to bring Fargo home occupation regulations into conformance with North Dakota Law.

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.

Appointments to the Liquor Control Board Approved:
The Board received a communication from Mayor Mahoney stating the Ordinance creating the Liquor Control Board passed on April 5, 2021 and he is recommending Kay Schwarzwalter, Robert Nelson, Lydia Tackett and John Stibbe be appointed to the Liquor Control Board.

In response to a question from Commissioner Strand asking how the applicants came about and whether the previous members are gone now, Commissioner Piepkorn said applicants were interviewed and selected. He said there would still be the same complement of staff support; however, now it will be like the other Boards and made up of citizens. He said there was a lot of interest and the interviews went well. He said the candidates represent a good mix of people.

Assistant City Administrator Michael Redlinger said staff would be meeting to discuss an onboarding process for these new citizen volunteers. He said they would be trained and provided a legal briefing so they are comfortable at their first meeting.

Commissioner Preston moved Kay Schwarzwalter and Robert Nelson be appointed to the Liquor Control Board for terms ending July 1, 2023, and Lydia Tackett and John Stibbe be appointed to the Liquor Control Board for terms ending July 1, 2025.

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

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Tuesday, June 1, 2021.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:44 o’clock p.m.