Fargo City Commission - May 3, 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 3, 2021.
The Commissioners present or absent were as shown following:
Present: Gehrig, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.
The Mayor read a message with the following information: The Fire Department recently hosted an Advanced Rope Rescue class with a team of instructors from North Carolina; National Nurses Week is May 6-11th; the Library has installed learning and pollinator gardens near the Carlson Library; the Library’s outdoor StoryWalk in May features the book “What Does Bunny See?” by Linda Sue Park; the Solid Waste Department is preparing for Cleanup Week to be held the first two weeks of May; the Fargo Police Department Community Engagement Team created a free video resource that focuses on prevention and education of suicide; May is National Drinking Water Month; Lowe’s has donated PPE equipment to the City; and Utility Supervisor Ray Peterson has retired after more than 51 years.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved continuing Item No. “34e” to 5:15 p.m., Monday, June 28, 2021, and adding an extra item at the end of the Regular Agenda.

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

Minutes Approved:
Commissioner Gehrig moved that the Minutes of the Regular Meeting of the Board held on April 19, 2021 be approved as read.

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

Consent Agenda Approved:
Commissioner Strand moved the Consent Agenda be approved as follows:
1. 2nd reading and final adoption of the following Ordinances; 1st reading, 4/19/21:
a. Rezoning Certain Parcels of Land Lying in Reeves Addition to the City of Fargo, Cass County, North Dakota.
b. Rezoning Certain Parcels of Land Lying in Madelyn’s Meadows Fourth Addition to the City of Fargo, Cass County, North Dakota.
c. Rezoning Certain Parcels of Land Lying in Asleson Farms Fourth Addition to the City of Fargo, Cass County, North Dakota.
2. Applications for Games of Chance:
a. Lend A Hand Up for a raffle on 9/14/21.
b. TNT Kid’s Fitness for a raffle on 5/13/21.
c. UND Alumni Association and Foundation for a raffle on 6/23/21.
d. Davies Theatre Parent Group for a calendar raffle from 5/20/21 to 5/23/21.
3. Bid award to Stantec Consulting Services in the amount of $121,300.90 for pavement condition assessment and data processing (RFP21059).
4. Farm Lease (Oak Grove) in the amount of $15,840.00 with Chad Johnson and Kyle Johnson for property located at 5636, 5638, 6054 and 6056 Veterans Boulevard South.
5. Purchase Agreement, Permanent Easement (Levee and Retaining Wall for Flood Control) and Easement (Temporary Construction Easement) in the amount of $27,600.00 with John S. Peterson and Shirley J. McCaslin Revocable Trust (Project No. FM-19-E).
6. Amendment (First) to Right of Way Use Agreement with PSJ Acquisition, LLC d/b/a Prairie St. Johns, ALPA Construction, Inc.
7. Amendment (Second) to Right of Way Use Agreement with Great Plains Mercantile Holdings, LLC.
8. Construction Conditions Agreement for the Fargo-West Fargo Natural Gas Project with Xcel Energy.
9. Change Order No. 2 for an increase of $15,491.50 for Project No. HD-19-A1.
10. Change Order No. 4 for an increase of $7,204.00 for Project No. UR-20-A1.
11. Contract Amendment No. 3 with Houston Engineering in the amount of $31,000.00 for Project No. FM-19-B0.
12. Bid award to Master Construction Company Inc. in the amount of $755,768.45 for Project No. FM-19-B1 and to Key Contracting Inc. in the amount of $819,227.80 for Project No. FM-19-E1.
13. Bid award to Ram Construction in the amount of $487,400.00 for repair and maintenance of the outdoor canopies at the FARGODOME (RFP21089).
14. Bid award to Appetize in the amount of $175,931.60 for replacement of the food and beverage point of sale system at the FARGODOME (RFP21090).
15. Sole Source Procurement with R.L. Engebretson for project management services at the Newman Outdoor Stadium (SSP21102).
16. Delegation of Authority from the ND State Fire Marshal for the Fargo Fire Department.
17. Notice of Grant Award with the ND Department of Health for the Ryan White Part B Program (CFDA #93.917).
18. Agreement for Services with Fargo-Moorhead Metro COG.
19. Notice of Grant Award (Amendment) with the ND Department of Health for Women’s Way (CFDA #93.898).
20. Set May 17, 2021 at 5:15 p.m. as the date and time for a hearing on a dangerous building at 1426 4th Avenue North.
21. Resolution Approving Plat of Brewhalla Addition (Attachment “A”).
22. Amendment No. 1 in the amount of $79,200.00 of Subrecipient Agreement with Afro American Development Association.
23. Bid award to KLJ, Inc. in the amount of $45,716.26 for drive-over pit repair and hoist replacement at the Metro Transit Garage (RFQ21072).
24. Contracts and bonds for Project Nos. FM-19-A1 (general), FM-19-F1, SL-21-A1 and TR-21-A1.
25. Bills in the amount of $6,618,573.64.

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

Amendment to Purchase Agreement with Sanford North for Improvement District No. BN-21-A1 Approved:
Commissioner Strand moved the Amendment to Purchase Agreement for the acquisition of a Highway Interchange Right-of-Way from Sanford North in association with Improvement District No. BN-21-A1 be approved.

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

Easement (Temporary Construction Easement) and Permanent Easement (Storm Sewer) with Robert L. Nelson Revocable Trust (Improvement District No. UN-21-A1) Approved:
Commissioner Strand moved the Easement (Temporary Construction Easement) and Permanent Easement (Storm Sewer) with Robert L. Nelson Revocable Trust (Improvement District No. UN-21-A1) be approved.

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

Estimated Payments to Century Link and Consolidated Communications for the Relocation of Private Utilities Approved (Improvement District No. PR-21-G1):
Commissioner Strand moved the estimated payments to Century Link in the amount of $3,426.10 and Consolidated Communications in the amount of $9,465.00 for the relocation of private utilities contingent upon relocation by 6/1/21 for Improvement District No. PR-21-G1 be approved.

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

Negative Final Balancing Change Order No. 4 for Improvement District No. BN-20-C1 Approved:
Commissioner Strand moved Negative Final Balancing Change Order No. 4 in the amount of -$146,214.39 for Improvement District No. BN-20-C1 be approved.

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

No Protests Received for New Paving and Utility Construction Improvement District No. BN-21-C1:
The Statutory Resolution of Necessity for the construction of New Paving and Utility Construction Improvement District No. BN-21-C1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on March 31 and April 7, 2021 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Strand moved that the Board declare that no protests have been filed to the construction of New Paving and Utility Construction Improvement District No. BN-21-C1.

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

Bids Received for New Paving and Utility Construction Improvement District No. BN-21-C1:
The bids for New Paving and Utility Construction Improvement District No. BN-21-C1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., April 28, 2021 and the bids were found to be as follows:

Key Contracting, Inc. West Fargo, ND
Bid: $888,588.74

Master Construction Company, Inc. Fargo, ND
Bid: $1,007,538.30

Dirt Dynamics, LLC Fargo, ND
Bid: $1,009,812.97

Northern Improvement Company Fargo, ND
Bid: $1,034,509.18

FM Asphalt, LLC Moorhead, MN
Bid: $1,035,288.84

Sellin Brothers Inc. Hawley, MN
Bid: $1,193,545.00

Border States Paving, Inc. Fargo, ND
Bid: $1,213,700.43

Dakota Underground Company, Inc. Fargo, ND
Bid: $1,252,883.71

Contract for New Paving and Utility Construction Improvement District No. BN-21-C1 Awarded to Key Contracting, Inc. in the Amount of $888,588.74:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of New Paving and Utility Construction Improvement District
No. BN-21-C1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received April 28, 2021 for New Paving and Utility Construction Improvement District No. BN-21-C1 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-C1 shows the bid of Key Contracting, Inc. of West Fargo, North Dakota, in the sum of $888,588.74 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Key Contracting, Inc. in the sum of $888,588.74 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-C1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Key Contracting, Inc. for the sum of $888,588.74, 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 Preston. On the vote being taken on the question of the adoption of the Resolution Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

No Protests Received for New Paving and Utility Construction Improvement District No. BN-21-G1:
The Statutory Resolution of Necessity for the construction of New Paving and Utility Construction Improvement District No. BN-21-G1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on March 31 and April 7, 2021 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Strand moved that the Board declare that no protests have been filed to the construction of New Paving and Utility Construction Improvement District No. BN-21-G1.

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

Bids Received for New Paving and Utility Construction Improvement District No. BN-21-G1:
The bids for New Paving and Utility Construction Improvement District No. BN-21-G1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., April 28, 2021 and the bids were found to be as follows:

Dakota Underground Company, Inc. Fargo, ND
Bid: $1,826,428.88

Northern Improvement Company Fargo, ND
Bid: $1,827,097.65

Dirt Dynamics, LLC Fargo, ND
Bid: $1,865,824.45

Border States Paving, Inc. Fargo, ND
Bid: $1,973,314.37

Sellin Brothers Inc. Hawley, MN
Bid: $2,137,241.40

Contract for New Paving and Utility Construction Improvement District No. BN-21-G1 Awarded to Dakota Underground Company, Inc. in the amount of $1,826,428.88:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of New Paving and Utility Construction Improvement District
No. BN-21-G1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received April 28, 2021 for New Paving and Utility Construction Improvement District No. BN-21-G1 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-G1 shows the bid of Dakota Underground Company, Inc. of Fargo, North Dakota, in the sum of $1,826,428.88 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Dakota Underground Company, Inc. in the sum of $1,826,428.88 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-G1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dakota Underground Company, Inc. for the sum of $1,826,428.88, 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 Preston. On the vote being taken on the question of the adoption of the Resolution Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

No Protests Received for New Utility Construction Improvement District No. UN-21-A1:
The Statutory Resolution of Necessity for the construction of New Utility Construction Improvement District No. UN-21-A1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on March 31 and April 7, 2021 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Strand moved that the Board declare that no protests have been filed to the construction of New Utility Construction Improvement District No. UN-21-A1.

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

Bids Received for New Utility Construction Improvement District No. UN-21-A1:
The bids for New Utility Construction Improvement District No. UN-21-A1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., April 28, 2021, and the bids were found to be as follows:

Dakota Underground Company, Inc. Fargo, ND
Bid: $2,060,304.60

Sellin Brothers Inc. Hawley, MN
Bid: $2,499,569.00

S.J. Louis Construction, Inc. Rockville, MN
Bid: $2,800,000.00

Contract for New Utility Construction Improvement District No. UN-21-A1 Awarded to Dakota Underground Company, Inc. in the Amount of $2,060,304.60:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of New Utility Construction Improvement District No. UN-21-A1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received April 28, 2021 for New Utility Construction Improvement District No. UN-21-A1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for New Utility Construction Improvement District No. UN-21-A1 shows the bid of Dakota Underground Company, Inc. of Fargo, North Dakota, in the sum of $2,060,304.60 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Dakota Underground Company, Inc. in the sum of $2,060,304.60 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for New Utility Construction Improvement District No. UN-21-A1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dakota Underground Company, Inc. for the sum of $2,060,304.60, 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 Preston. On the vote being taken on the question of the adoption of the Resolution Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

New Paving and Utility Construction Improvement District No. BN-21-H (24th Avenue and 26th Avenues South, east of 45th Street South):
Commissioner Strand moved the following action be taken in connection with New Paving and Utility Construction Improvement District No. BN-21-H:

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

This project is for new construction of underground utilities, concrete pavement and incidentals on 24th Avenue South and on 26th Avenue South, east of 45th Street South.

COMPRISING:
Lot 1, 2 and 3, Block 1.
All platted in Liberty Square South 1st Addition, a replat of part of Lot 1, Block 3 of Anderson Park Addition.

Lot 2, 3 and 4, Block 1.
All platted in Anderson Park 2nd Addition, a replat of part of Lot 1, Block 3 of Anderson Park Addition.

Lot 1, Block 1.
All platted in Anderson Park 2nd Addition, a replat of part of Lot 1, Block 3 of Anderson Park Addition.

Lot 1, Block 3.
All platted in Anderson Park Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That New Paving and Utility Construction Improvement District No. BN-21-H in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. BN-21-H:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-21-H in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $2,876,580.00.)

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

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

Adopt Resolution Declaring New Paving and Utility Construction Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct New Paving and Utility Construction Improvement District No. BN-21-H in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said New Paving and Utility Construction Improvement District No. BN-21-H is to be paid from State and Local Funds, and approximately 78% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed New Paving and Utility Construction Improvement District No. BN-21-H must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

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

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

Storm Sewer Lift Station Rehab/Reconstruction and Incidentals Improvement District No. NR-20-A (Various Locations in South Fargo):
Commissioner Strand moved the following action be taken in connection with Storm Sewer Lift Station Rehab/Reconstruction and Incidentals Improvement District No. NR-20-A:

Adopt Resolution Creating Improvement District No. NR-20-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. NR-20-A in the City of Fargo, North Dakota, be created

LOCATION 1 (Site #1):
Storm Sewer Lift Station #6 located on 45th Street North just south of 19th Avenue North.

COMPRISING:
Lots 2 through 5, Inclusive, Block 1.
All located in Tecton – GPK Addition.

Lot 1, Block 1.
Located in Marvin Subdivision.

Lots 4 through 7, Inclusive, Block 17.
All located in Replat of Lot 9, Block 15; Block 16 and Lots 2, 3, 4, 5; Block 17, Industrial Sub. No. 3.

Lots 1 through 5, Inclusive, Block 4.
All located in Replat of Lots 1 and 2, Block 4 of Replat Jacob H. Goldberg Addition No. 2.

Lots 2 through 6, Inclusive, Block 5.
Lots 2 through 7, Inclusive, Block 6.
Lots 1 through 8, Inclusive, Block 7.
All located in Replat – Jacob H. Goldberg Addition No. 2.

Lots 1 through 4, Inclusive, Block 8.
Lot 1, Block 9.
Lots 1 through 6, Inclusive, Block 11.
All located in Industrial Subdivision No. 1.

Lots 1 through 6, Inclusive, Block 10.
All located in Replat of Block 10 Industrial Subdivision No. 1.

Lots 2, 3, 25 and 26.
All in Hector’s Subdivision.

Lots 1 through 5, Inclusive, Block 12.
Lots 2 through 4, Inclusive, Block 13.
All located in Industrial Subdivision No. 2.

Lots 1 and 2, Block 1.
All located in A Minor Subdivision Plat of Industrial Subdivision No. 4.

Lots 1 and 2, Block A.
All located in Swanson Industrial Addition.

Lots 2, 3 and 5 through 7, Inclusive, Block 2.
All located in Corrected Goldberg Addition No. 1.

Lot 2, Block 1.
Lot 3, Block 2.
All located in Sheyenne Industrial Center Third Addition.

Lots 1 and 2, Block 1.
Located in Sheyenne Industrial Center Fifth Addition.

Lot 1, Block 1.
Located in Stollenwerk Wilm Addition.

Lot 3, Block 2.
Located in Fayland Industrial First Addition.
All land bound on the north by 12th Avenue North, bound on the east by 45th Street North, bound on the south by 7th Avenue North and bound on the west by City of Fargo City limits.

Lot 1, Block 1.
Located in LaFarge Dakota Subdivision.

All land located in the 2008 Northside Annexation Addition bound on the north by 7th Avenue North, bound on the east by LaFarge Dakota Subdivision, bound on the south by BNSF railroad and bound on the west by City of Fargo City limits.

LOCATION 2 (Site #2):
Storm Sewer Lift Station #8 located on 32nd Street South just north of 4th Avenue South.

COMPRISING:
Lots 1 and 2, Block 1.
All located in Butler Business Park Second Addition.

Lots 2, 4 and 5, Block 1.
Lots 1, 2 and 4 through 6, Inclusive, Block 2.
Lots 1 through 3, Inclusive, Block 3.
Lots 1, 2, 5 and 6, Block 4.
Lot 2 and O, Block 6.
Lots C through K, Inclusive, Block 7.
Lots 12 through 20, Inclusive, Block 7.
Lots 1 through 6, Inclusive, Block 8.
All located in Burlington Northern I-29 South Industrial Center.

Lots 1 and 7 through 8, Inclusive, Block 1.
All located in Engkjer Addition.

Lot 1, Block 1.
Located in Crescent Addition.

Lots 1 and 2, Block 1.
All located in Cody Addition.

Lots 1 and 2, Block 1.
All located in Timber Addition.

Lot 1, Block 1.
Lot 1, Block 2.
All located in Cass County Corrections Addition.

Lots 1 and 2, Block 1.
All located in Bachman Addition.

Lots 1 and 2, Block 1.
All located in FTC Addition.

Lots 1 and 2, Block 1.
All located in Gehrig Properties Addition.

Lots 1 through 4, Inclusive, Block 1.
All located in Premiere First Addition.

Lots 1 and 2, Block 1.
All located in Lavelle Third Addition.

Lots 1 through 4, Inclusive, and Lot 7, Block 1.
All located in Master Addition.

Lot 1, Block 1.
Located in West Central Addition.

Lots 1 and 2, Block 1.
All located in Cape Development Addition.

Lots 1 through 4, Inclusive, Block 1.
Lots 1 through 5, Inclusive, Block 2.
Lots 1 through 17, Inclusive, Block 3.
Lots 1 through 7, Inclusive, Block 4.
Lot 1, Block 5.
All located in Westrac Second Addition.

Lot 1, Block 1.
Located in Nortech Addition.

Lots 1 through 3, Inclusive, Block 1.
Lot 1, Block 2.
All located in Tennefos Addition.

Lots 1 through 3, Inclusive, Block 1.
Lots 1 through 6, Inclusive, Block 2.
Block 3.
Lot 2, Block 5.
All located in Tennefos’ First Subdivision.

Lot 1, Block 1.
Located in Border States Industries First Addition.

Lots 2 through 5, Inclusive and Lot 7, Block 1.
Lots 6 through 8, Inclusive, Block 2.
All located in Pete’s Addition.

Lots 1 and 2, Block 1.
All located in SRD Addition.

Lots 3 through 7, Inclusive, Block 1.
Lots 2 through 8, Inclusive, Block 2.
All located in McVets Addition.

Lots 1 through 3, Inclusive, Block 1.
All located in Force Addition.

Lots 1 through 8, Inclusive, Block 1.
Lots 1 and 2, Block 2.
Lots 1 through 3, Inclusive, Block 3.
All located in Centrac Addition.

Lots 1 and 2, Block 6.
All located in S&W Addition.

Lots 1 through 3, Inclusive, Block 1.
All in Sisters of Mary Addition.

Lots 6 and 7, Block A.
Lots 8 and 9, Block B.
All located in Morton’s Subdivision.

Lots 1 through 4, Inclusive, Block 1.
Lots 1 through 9, Inclusive, Block 2.
Lots 1 and 2, Block 3.
Lots 1 through 3, Inclusive, Block 4.
Lots 1, 3, 4, 7 and 8, Block 5.
All located in Westrac First Addition.

Lot 1, Block 1.
Located in Helenske’s First Addition.

Lot 1, Block 1.
Located in Hooters Fargo Addition.

Lot 1, Block 1.
Located in Lexli First Addition.

Lots 1 and 2, Block 1.
All located in Holtan First Addition.

Lot 1, Block 1.
Located in AJ’s Addition.

Lots 1, 2, 4 and 5, Block 1.
Lots 1 through 3, Inclusive, Block 2.
Lot 1, Block 3.
Lots 1 through 12, Inclusive, Block 4.
All located in Interstate Park Addition.

Lots 1 through 3, Inclusive, Block 1.
All located in Boehm Addition.

Lot 1, Block 1.
Located in Muscatell Subdivision.

Lot 1, Block 1.
Located in Cedar Crest First Addition.

Lots 1 and 2, Block 1.
All located in Pulkrabek’s First Addition.

Lots 3 and 4, Block 1.
All located in Runck’s First Addition.

Lot 2, Block 1.
Located in Runck’s Second Addition.

Lot 1, Block 1.
Located in Runck’s Third Addition.

Lots 1 and 2, Block 1.
All located in Runck’s Fourth Addition.

Lots 1 through 10, Inclusive, Block 1.
Lots 1 through 12, Inclusive, Block 3.
All located in The Hub Addition.

Lot 1.
Located in South Meadows Subdivision.
Lots 1 through 17, Inclusive, Block 1.
All located in Prairie South Addition.

Lots 1 through 8, Inclusive, Block 4A.
Lots 1 through 9, Inclusive, Block 4B.
Lots 1 through 10, Inclusive, Block 4C.
Lots 1 through 10, Inclusive, Block 4D.
All located in A Replat of Block 4, Hub Addition to the City of Fargo.

Lot 1, Block 1.
Lots 1 through 8, Inclusive, Block 2.
Lots 1 and 2, Block 3.
All located in Saks Addition.

Lots 1 through 26, Inclusive, Block 4.
Lots 1 through 21, Inclusive, Block 5.
Lots 1 through 20, Inclusive, Block 6.
Lots 1 through 17, Inclusive, Block 8.
Lots 1 through 11, Inclusive, Block 9.
Lots 1 through 26, Inclusive, Block 10.
Lots 1 through 25, Inclusive, Block 11.
Lots 1 through 17, Inclusive, Block 12.
All located in Westgate Village.

Lots 1 through 4, Inclusive, Block 1.
Lots 1 through 7, Inclusive, Block 2.
All located in Replat of Block 1, Westgate Village.

Lots 1 through 11, Inclusive, Block 1A.
Lots 1 through 4, Inclusive, Block 2A.
All located in Replat of Block 3, Westgate Village.

Lots 1 through 13, Inclusive, Block A.
Lots 1 and 2, Block B.
All located in Replat of Blocks 2 & 7, Westgate Village.

Lots 1 through 12, Inclusive, Block 1.
Lots 1 through 8, Inclusive, Block 2.
All located in Westgate Park Addition.

Lots A, B and 1 through 13, Inclusive, Block 1.
Lots A, B and 1 through 22, Inclusive, Block 2.
All located in Cobblestone Court.

Lot 1, Block 2.
Located in S&W 2nd Addition.

Lots 1 through 12, Inclusive, Block 19.
All located in Replat of Lot 1, Block 5, Prairiewood Addition.

Lots 1 through 15, Inclusive, Block 1.
Lots 4 through 29, Inclusive, Block 2.
Lot 1, Block 3.
Lots 1 through 28, Inclusive, Block 4.
Lots 1 through 14, Inclusive, Block 6.
Lots 1 through 16, Inclusive, Block 7.
Lot 1, Block 8.
Lots 1 through 18, Inclusive, Block 11.
Lot 1, Block 12.
Lots 1 through 14, Inclusive, Block 13.
Lots 1 through 34, Inclusive, Block 14.
Lots 1 through 27, Inclusive, Block 15.
Lot 1, Block 16.
Lots 1 through 43, Inclusive, Block 17.
Lots 1 and A through H, Inclusive, Block 18.
All located in Prairiewood Addition.

Lots 30 through 34, Inclusive, Block 2.
All located in Ames Addition.

Lots 1 through 16, Inclusive, Block 9.
All located in Replat of Lot One, Block Nine of Prairiewood Addition.

Lots 2 through 9, Inclusive, Block 10.
All located in Replat of Block 10, Prairiewood Addition.

Lots 6 and 7, Block 1.
Lots 1 through 5, Inclusive, Block 2.
Lots 1, 2, 5 and 6, Block 3.
All located in Dakota Land Addition.

Lots 1 through 25, Inclusive, Block 1.
All located in Replat of Lot 3, and the South 85.00’ of Lot 2, Block 3, Dakota Land Addition to the City of Fargo.

Lots 1 through 16, Inclusive, Block 1.
All located in Points West Addition.

Lots 1 through 9, Inclusive.
All located in Points West II Addition.

Lot 1, Block 1.
Lots 1 through 5, Inclusive, Block 2.
All located in Dakota Land Second Addition.

All unplatted land in Township 139, Range 49 W, Section 11.
LOCATION 3 (Site #4):
Storm Sewer Lift Station #49 located on 45th Street South and Cass County Drain 27.

COMPRISING:
Lot 1, Block 2.
Lot 1, Block 3.
All located in Agassiz Crossing First Addition.

Lot 2, Block 1.
Located in Agassiz Crossing Second Addition.

Lot 1, Block 1.
Lot 1, Block 3.
All located in Agassiz Crossing Fourth Addition.

Lots 1 and 2, Block 1.
All located in Agassiz Crossing Seventh Addition.

Lot 1, Block 1.
Located in Hom First Addition.

Lots 1 and 2, Block 1.
All located in Hom Second Addition.

Lots 1 through 3, Inclusive, Block 1.
All located in Westpointe First Addition.

Lot 1, Block 1.
Located in Liberty Square Addition.

Lots 1 through 3, Inclusive, Block 1.
All located in Liberty Square Second Addition.

Lot 1, Block 1.
Located in Liberty Square Third Addition.

Lots 3 and 4, Block 1.
All located in Liberty Square Fourth Addition.

Lots 1 through 3, Inclusive, Block 1.
All located in Liberty Square Fifth Addition.

Lot 1, Block 4.
Lot 1, Block 5.
All located in Amber Valley Sixth Addition.

Lots 1 through 10, Inclusive, Block 2.
Lots 1 through 7, Inclusive, Block 8.
All located in Urban Plains by Brandt First Addition.

Lots 1 through 5, Inclusive, Block 1.
All located in Amber Valley Business Center First Addition.

Lots 1 through 3, Inclusive, Block 1.
Lots 2 through 4, Inclusive, Block 2.
All located in Amber Valley First Addition.

Lots 1 and 2, Block 1.
All located in Amber Valley Second Addition.

Lots 1 through 8, Inclusive, Block 1.
All located in Amber Valley Third Addition.

Lot 1, Block 1.
Located in Amber Valley Fourth Addition.

Lot 1, Block 1.
Located in Amber Valley Fifth Addition.

Lots 2 through 4, Inclusive, Block 1.
All located in Amber Valley Seventh Addition.

Lot 1, Block 1.
Located in Amber Valley Eighth Addition.

Lots 1 and 2, Block 1.
All located in Amber Valley 9th Addition.

Lots 1 through 3, Inclusive, Block 1.
All located in Gamma Fargo Addition.

Lot 1, Block 1.
Located in Pracs Second Addition.

Lots 1 and 2, Block 1.
All located in C&G Addition.

Lot 3, Block 1.
Located in Midwest Behavioral Healthcare First Addition.

Lot 1, Block 1.
Located in Robust Third Addition.

Lots 1, 2, 3 and 5, Block 1.
All located in Urban Plains Northeast Retail Addition.
Lots 1 through 4, Inclusive, Block 1.
All located in Urban Plains Northeast Retail Second Addition.

Lots 1 and 2, Block 1.
All located in Urban Plains Northeast Retail Third Addition.

Lots 2 through 12, Inclusive, Block 1.
All located in Urban Plains Retail Addition.

Lots 1 and 4, Block 1.
All located in Urban Plains Starion Addition.

Lots 1 and 2, Block 1.
All located in PTP Addition.

Lots 1 through 6, Inclusive, Block 1.
All located in Urban Plains Medical Park Addition.

Lots 1 through 3, Inclusive, Block 1.
All located in Brandt Park Addition.

Lots 1 and 2, Block 1.
All located in Encore Second Addition.

Lot 1, Block 5.
Located in Urban Plains Center Addition.

Lots 1 through 3, Inclusive, Block 1.
All located in Liberty Square South First Addition.

Lot 1, Block 3.
Located in Anderson Park Addition.

Lots 1 through 4, Inclusive, Block 1.
All located in Anderson Park Second Addition.

Lots 5 through 8, Inclusive, Block 1.
Lots 1 through 4, Inclusive, Block 2.
Lots 1 and 6, Block 3.
All located in Calico Prairie Addition.

Lots 1 through 6, Inclusive, Block 1.
All located in Calico Prairie 2nd Addition.

Lots 1 and 2, Block 1.
All located in Metropolitan Park Addition.

Lot 9, Block 7.
Located in Autumn Fields Addition.

Lots 1 and 2, Block 1.
All located in Figlewicz Enterprises First Addition.

Lot 8, Block 1.
Located in King Addition.

Lots 1 through 5, Inclusive, Block 1.
All located in King Second Addition.

Lots 1 and 2, Block 1.
All located in King Third Addition.

Lot 2, Block 1.
Located in Bentley Square Addition.

Lots 4 and 5, Block 1.
All located in Blu Water Creek Addition.

Lots 1 through 3, Inclusive, Block 1.
All located in Blu Water Creek Second Addition.

Lots 1 and 2, Block 1.
All located in Blu Water Creek Third Addition.

Lot 1, Block 1.
Located in Blu Water Creek 4th Addition.

Lots 1 through 6, Inclusive, Block 1.
All located in Blu Water Creek 5th Addition.

Lots 1 through 3, Inclusive, Block 1.
All located in Brandt Crossing Second Addition.

Lots 7 through 11, Inclusive, Block 1.
All located in Brandt Crossing Second Addition.

Lots 1 through 17, Inclusive, Block 1.
All located in Brandt Crossing Third Addition.

Lots 1 through 26, Block 1.
All located in Sincebaugh Addition.

Lots 1 through 18, Block 2.
All located in Sincebaugh Addition.

Lots 1 through 27, Block 3.
All located in Sincebaugh Addition.

Lots 1 through 10, Block 4.
All located in Sincebaugh Addition.

Lots 1 and 2, Block 1.
All located in Sincebaugh Second Addition.

Lot 1, Block 1.
Located in Sheyenne Substation Subdivision.

Lots 1 through 3, Inclusive, Block 1.
All located in Asleson Commercial Addition.

Lots 1 through 8, Inclusive, Block 1.
All located in Asleson Commercial Second Addition.

Lots 1 through 3, Inclusive, Block 1.
All located in Spiry First Addition.

Lots 1 and 2, Block 1.
All located in Spiry Second Addition.

Lots 1 through 4, Inclusive, Block 1.
All located in Spiry Third Addition.

Lot 2, Block 1.
Lots 1 and 2, Block 2.
Lots 9 through 19, Inclusive, Block 3.
Lots 1 through 14, Inclusive, Block 4.
Lots 1 through 14, Inclusive, Block 5.
Lots 1 through 14, Inclusive, Block 6.
Lots 1 through 14, Inclusive, Block 7.
Lots 1 through 14, Inclusive, Block 8.
Lots 1 through 19, Inclusive, Block 9.
All located in Pointe West First Addition.

Lots 18 through 29, Inclusive, Block 1.
Lots 9 through 16, Inclusive, Block 4.
Lots 1 through 14, Inclusive, Block 5.
Lots 1 through 14, Inclusive, Block 6.
Lots 1 through 14, Inclusive, Block 7.
Lots 1 through 19, Inclusive, Block 8.
All located in Pointe West Second Addition.

Lot 3, Block 1.
Lots 1 through 11, Inclusive, Block 3.
Lots 1, 3, 4 and 5, Block 4.
All located in Vista Village Addition.

Lots 2, 4, 5, 7, 8, 9 and 12 through 75, Inclusive, Block 1.
All located in Vista Village Second Addition.

Lots 1 through 3, Inclusive, Block 1.
All located in Vista Village Third Addition.

Lots 1 through 5, Inclusive, Block 1.
All located in Vista Village Fourth Addition.

Lots 1 through 3, Inclusive, Block 1.
All located in Vista Village Fifth Addition.

Lots 1 and 2, Block 1.
All located in Vista Village Sixth Addition.

Lots 1 and 2, Block 1.
All located in Vista Village Seventh Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Storm Sewer Lift Station Rehab/Reconstruction and Incidentals Improvement District No. NR-20-A in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. NR-20-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. NR-20-A in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $1,139,717.88.)

Order Plans and Specifications for Improvement District No. NR-20-A:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. NR-20-A in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. NR-20-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. NR-20-A in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. NR-20-A in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Direct City Auditor's Office to Call for Bids for Improvement District No. NR-20-A:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. NR-20-A in the City of Fargo, North Dakota.

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

__Contract for Grading, Salvaged Base, P.C.C. Pavement, Storm Sewer, Water Main, Traffic Signal, Lighting, Shared Use Path and Incidentals Improvement District No. BN-20-A1 Approved: __
Commissioner Strand moved the Contract between the City of Fargo and Dakota Underground Company, Inc. for Grading, Salvaged Base, P.C.C. Pavement, Storm Sewer, Water Main, Traffic Signal, Lighting, Shared Use Path and Incidentals Improvement District No. BN-20-A1 in the City of Fargo, North Dakota, be approved.
Second by Preston. On call of the roll Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Contract Bond for Grading, Salvaged Base, P.C.C. Pavement, Storm Sewer, Water Main, Traffic Signal, Lighting, Shared Use Path and Incidentals Improvement District No. BN-20-A1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
United Fire and Casualty, in the amount of $6,382,673.05, for Grading, Salvaged Base, P.C.C. Pavement, Storm Sewer, Water Main, Traffic Signal, Lighting, Shared Use Path and Incidentals Improvement District No. BN-20-A1 in the City of Fargo, North Dakota.

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

Resident Comments:
Peter Tefft spoke about government bias, Wess Philome thanked Mayor Mahoney and Police Chief David Zibolski for their work; Brandon Krieger spoke about the CARES Act; and Christopher Coen spoke about open records requests and government transparency.

Mayor Mahoney said he would like to have a discussion regarding the resident comment period and if Commissioners want to continue the comment period or change it.

Commissioner Gehrig said the purpose of the resident comment period was to give residents a chance to speak about a topic on the agenda before the Commissioners vote; however, for the most part, what is happening is people are talking about topics that are not germane to the agenda and have nothing to do with the business at hand. He said if someone has a specific topic they want to discuss, call the Commissioners to get the topic on the agenda; otherwise, this has turned into an open mic sideshow and it not helpful to anyone. He said it is the same five people talking about the same five subjects, including some things that happened a long time ago and this is not a time for the airing of grievances.

Commissioner Preston said she has been supportive of public comments and some good items the Commissioners need to address have been brought up and there is value in that. She said what is needed is more guidance for people due to the fact that it is intimidating to get an item on the agenda.

Commissioner Piepkorn said if someone has an agenda item they want to add, please call him. He said he likes it when people talk due to the fact that it reveals a lot about a person.

Commissioner Strand said the comment period has gone off the rails and it is not what was intended. He said he is hesitant to stifle speech just because some Commissioners do not like it; however, some parameters need to be set. He said he respects hearing from citizens even when he cringes.
Commissioner Gehrig moved that the resident comment period be discontinued.

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

Amendments to the 2020 Action Plan/HOME Investment Partnerships Programs Approved:
A Hearing had been set for this day and hour to consider Amendments to the 2020 Action Plan/HOME Investment Partnerships Programs.
Community Development Planning Coordinator Tia Braseth said Amendments are being proposed to further define project location, budget and activity type for a HOME investment Partnerships Program activity in the 2020 Action Plan. She said this item covers a Public Hearing and approval of Amendments to the City’s 2020 HUD Action Plan, which was approved in January. She said the Department of Planning and Development is requesting the approval of the following two HOME actions:
1. Project Site, Activity and Budget Identified under “Affordable Single-Family Housing for Ownership” Project: 1529 10th Avenue South, Lake Agassiz Habitat for Humanity.
2. Project Site, Activity and Budget Identified under “Affordable Single-Family Housing for Ownership” Project: 1410 1st Avenue South, Cass Clay Community Land Trust.

In response to a question from Commissioner Preston asking how the building sites were acquired and what the plan is for each site, Ms. Braseth said a previous house was demolished at 1529 10th Avenue South and the land was donated to the City. She said the land will be the site for construction of a new single family home and the proposed HOME allocation for the site is up to $185,000.00. The 1410 1st Avenue South site came to the City as a tax forfeiture, she said, and will also include new construction of a single-family home. She said the allocation for this site is currently unknown; however, the Affordable Single-Family Housing Ownership activity for Cass Clay Community Land Trust has previously been approved for up to $200,000.00. To date, no public comments have been received, she said, and the comment period ends on May 3rd.

Commissioner Strand offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF THE CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, The City of Fargo receives Community Development Block Grant (CBDG)/HOME funds from the 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 person 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 Preston. On the vote being taken on the question of the Resolution Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Parcels of Land in Covey Ranch First Addition Rezoned (6688 45th Street South):
A Hearing had been set for April 19, 2021 to consider a change in zoning from AG, Agricultural to P/I, Public and Institutional on Covey Ranch First Addition.
At the April 19, 2021 Regular Meeting the Hearing was continued to this day and hour.
Current Planning Coordinator Donald Kress said this plat is along 64th Avenue South, which is not yet developed between I-29 and 45th Street and is the site for the development of the North Dakota State College of Science (NDSCS) Career Workforce Academy. He said the City received two inquiries from surrounding property owners; however, no opposition was received.

In response to a question from Commissioner Preston asking if this development is leapfrogging, Mr. Kress said the area in between is a large annexation done recently that is going to be the new Sanford Fargo Park District complex and 38th Street will connect all the way through the development to 64th Avenue. He said this plat moved faster than the Sanford plat; however, it was all annexed as part of a single concept of development for this area.

In response to a question from Commissioner Preston asking about deferred assessments, City Engineer Brenda Derrig said the City will spread the assessments per policy. She said there is a road on the west side of the development and half will go to the east and half will go to the west. She said the west is outside city limits; therefore, that assessment will sit until it is annexed. With Lake Fargo and all the utility issues in the area, she said, this is the next step in the development rather than leapfrogging.

Commissioner Gehrig said it is not the role of city government to create colleges and by no means is it the responsibility of the Fargo taxpayer to fund this project. He said the City is putting millions of dollars into this project and in the future, the City will be putting in millions more.

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 and Mahoney voted aye.
Commissioner Gehrig voted nay.
The Resolution was adopted.

First Reading of an Ordinance Rezoning a Certain Parcel of Land Lying in Covey Ranch First Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Preston moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in Covey Ranch First 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 and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.

Resolution Adopted Approving Covey Ranch First 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 “Covey Ranch First Addition” containing 1 Lot, 1 Block and 16.36 acres of land more or less, located at 6688 45th Street 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 7 and 14, 2021 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., April 19, 2021. At the April 19, 2021 City Commission meeting the Hearing was continued to May 3, 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 “Covey Ranch First 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 and Mahoney voted aye.
Commissioner Gehrig voted nay.
The Resolution was adopted.

Resolution Adopted Approving L.J. Laffen Addition (417 and 501 Main Avenue):
A Hearing had been set for this day and hour to consider approval or denial of an application requesting a Plat of L.J. Laffen Addition.
Current Planning Coordinator Donald Kress said the plat will create two lots zoned DMU, Downtown Mixed Use, which will have access from Broadway, Main Avenue and 4th Street North. He said the existing building owned by Lake Agassiz Development Corporation will remain on Lot 2, Block 1, and the applicant intends to build a new mixed-use building with office and residential uses and the possibility of retail uses in the future on Lot 1, Block 1. He said he wanted to point out the suggested motion includes a contingency regarding a final technical review of the plan.

Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “L.J. Laffen Addition” containing 2 Lots, 1 Block and 1.30 acres of land more or less, located at 417 and 501 Main Avenue; 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 21 and 28, 2021 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., May 3, 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 “L.J. Laffen 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, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Renaissance Zone Application for 501 Main Ave DevCorp, LLC for a New Construction Project at 501 Main Avenue and a Portion of 417 Main Avenue Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for a new construction project at 501 Main Avenue and a portion of 417 Main Avenue.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.
The Board received a communication from Director of Planning Nicole Crutchfield stating the Renaissance Zone Project application presented by 501 Main Ave DevCorp, LLC meets all of the minimum criteria set forth in the Renaissance Zone Plan and is consistent with the established goals and objectives. She said the applicant proposes to construct a building with one floor of below-grade parking, first and second floor commercial space, floors three through five will have multi-family units and the top floor will have 10 condominium units for sale. Construction would begin this spring, she said, with a proposed completion date of spring 2023. The Renaissance Zone Authority has unanimously recommended approval of this project, she said, and the developer is investing more than $21 million.

In response to a question from Commissioner Gehrig asking if the company does not get the incentive will the project continue, Matt Torgerson, JLG Architects, said the project will not likely continue without the incentive. He said it will be important to get the building fully tenanted and the front-end period will allow the company the opportunity to do so.

Commissioner Gehrig said he does not believe that and this is one more example of people using the system the City has set in place. It is the City’s fault for doing it, he said, and he does not blame anyone for asking for it. He said a temporary small incentive would not preclude a $21 million investment, which is why he does not believe it would stop this building project.

Commissioner Piepkorn said the Renaissance Zone has been a phenomenal success over the past 20 years. He said the company is going to spend more than $21 million and after five years will be paying property taxes forever, which will go to the City to help reduce taxes for everyone. He said he was completely against Main Avenue going from five lanes to three lanes; however, he has been proven wrong due to two large developments already on Main Avenue and he thought it would take 10 or more years to get even one. He said this development will be using the City-owned parking ramp across the street. He said there are very few government programs he supports; however, this one has been a proven success and the City is very fortunate and has benefitted with more than $300 million in increased taxes

Commissioner Gehrig said the parking ramp has never paid taxes. He said the money went into a TIF, which is an incentive, and the City took that money from the School Board, Park Board, the County, Vector Control, from all the things the citizens are supposed to be paying taxes for, and spent it on pet projects and none of those included police, fire, building roads or sidewalks or adding streetlights. When someone talks about incentives and what a great job the City is doing with those funds, he said, the City is actually wasting taxpayer money.
Commissioner Piepkorn moved the Renaissance Zone application filed by 501 Main Ave DevCorp, LLC for a project located at 501 Main Avenue and a portion of 417 Main Avenue be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority.

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

Hearing on an Application filed by Fargo Ts LLC d/b/a Suite Shots for a Class “FA-Entertainment” Alcoholic Beverage License at 3400 James Way Continued to June 28, 2021:
A Hearing had been set for this date and hour on the application filed by Fargo Ts LLC d/b/a Suite Shots for a Class “FA-Entertainment” Alcoholic Beverage License at 3400 James Way; however, City Auditor Steve Sprague has asked that this hearing be continued to June 28, 2021, after which the new Liquor Control Board has met.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on Monday, June 28, 2021.

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

Hearing on a Dangerous Building Located at 1648 8th Avenue South: 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 1648 8th Avenue South.
The Board received a communication from Inspections Administrator Bruce Taralson submitting a Notice of Dangerous Building Order. He said the Inspections Department has taken action on this building due to multiple neighborhood complaints. The building is vacant and uninhabitable due to electrical issues and has been occupied by squatters for the past 12 months, he said. There is extensive fire damage to a detached garage, multiple broken and boarded up windows, signs of infestation due to missing soffit, fascia and holes in the exterior, he said. The Assessor’s Office viewed the interior, exterior and garage structure, he said, and determined the cost to cure the deterioration exceeds 50 percent of the value of the building. There has been no water service to the property since December, he said, and the property has a history of violations dating back to 2014. He said the other issue is ownership, which has not yet been determined; however, notices were given to all known owners who were aware of tonight’s meeting. The building was placarded on February 26th with the dangerous building notices required, he said, and the house has been monitored since that date due to inaction by the owners. He said the property has received 17 calls for service to the Police Department over the past two years and the City Commission’s action on this property will allow the owners until June 30, 2021 to decide to demolish the house or bring it up to code.

In response to a question from Commissioner Gehrig asking if there is any way this house could get up to code by June, Mr. Taralson said there is an appeal period for the owners to take it to County Court, which would be about a month and a half after this meeting.
Commissioner Preston 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 Preston, Gehrig, Piepkorn, 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 1418 1st Avenue North: City Attorney's Office Directed to Prepare the Appropriate Findings of Fact and Order:
A Hearing had been set for January 11, 2021 on a dangerous building located at 1418 1st Avenue North.
At the January 11, 2021 meeting, the Hearing was continued to this day and hour.
The Board received a communication from Inspections Administrator Bruce Taralson submitting a Notice of Dangerous Building Order. He said the Inspections Department inspected the property, placarded it as a dangerous building and provided notice to the owner allowing 14 days to obtain a permit or demolish the structure. He said a permit was issued to demolish a portion of the structure; however, the structure was not demolished according to the requirements or deadline of the permit and the permit is now invalid. There have been various complaints regarding this property, he said, including grass, weeds, junk vehicles and parking issues. He said the property in its current condition meets 10 of the 10 criteria in the dangerous building Ordinance. The building was equipped with a sprinkler system, he said; however, it had not been maintained and could not function as required during the fire. Due to the inaction by the owner, he said, Inspections decided to take this action and would like to hear from the owner with a plan for the property. He said the deadline for the owner to demolish and avoid court action is June 30th.
Gary Reinhart, owner of the building, said he took out the permit with the plan to contact a person who does demolition. He said that was in December and he assumed it would be done by now. He said there was a lot of salvage to take out, including personal items, then cold weather hit. He said they kept working on it; however, the contractor had another job to do and with COVID-19, he said, everybody waits their turn. He said the demolition restarted about two weeks ago with about 60 percent of what was going to be torn down hauled out and then he got a shutdown notice due to the fact that an environmental study was needed. He said the environmental samples were taken last week and he was not told when the results would be back other than “it depends on FedEx.” In the meantime, he said, there have been developers looking at buying the land. As far as the things people complain about, there are people out at the site at midnight, at four in the morning and all day taking pictures. He said to some it is junk and to others it is art.

In response to a question from Mayor Mahoney asking if the owner could continue with the tear down and what would the City’s action allow him to do, Mr. Taralson said the issue is the permit the owner had, which does not require the full demolition. He said the City wants a full demolition and as far as the environmental concerns, the City would take care of that issue.

Mr. Reinhart said if this is what the City wants to do, he will go with whatever is decided. He said he knows it has to be torn down.

Commissioner Piepkorn said this is a public safety issue due to the fact that people are coming and going. He said there was also a fire on City property; therefore, he wants to make sure the City is following the same rules.

Commissioner Gehrig said this is private land and the City taking someone’s land should not be taken lightly. He said perhaps the City could allow the owner to work at a reasonable pace and be fair and reasonable with a timeline. He said the fire was not that long ago and it is a big property.

Mr. Taralson said the owner can get a permit to tear down the entire building, level it off and do it correctly and if he does not, it is the City’s choice after the deadline. He said under the City’s dangerous building law, an owner can file an appeal in District Court by June 1st , which would prolong the demolition or he can obtain the permit to demolish it himself; however, it would have to be finished by June 30th.
Commissioner Piepkorn moved the City Attorney’s Office be directed to prepare and serve the owner with the appropriate Findings of Fact and Order and the Inspections Department be authorized to solicit proposals for the removal of this structure if it is not removed within the time allowed by the Board’s Order.

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

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

Fargo Cass Public Health COVID-19 Update:
Fargo Cass Public Health (FCPH) Director of Nursing Suzanne Schaefer said COVID-19 results today have Cass County at 197 active cases, the 14-day rolling average positivity rate is 4.65 percent in Cass County and 4.44 percent for North Dakota. She said there are 43 individuals hospitalized across the State and deaths in Cass County are at 205. COVID-19 testing numbers for the area have remained steady over the last two weeks, she said, and case investigation and contact tracing efforts continue. FCPH continues on its vaccination mission, she said, and the twice-weekly vaccine clinics have relocated to the FCPH main building as well as outreach at outlying communities. She said there have been 142,204 vaccines given in Cass County and FCPH has given 45,191 of those doses. She said Cass County has a 54.5 percent first dose coverage rate and a 48.9 fully vaccinated rate. Vaccines are available to anyone 16 years of age or older with many opportunities to receive vaccine, she said, and for those individuals waiting for the one shot Johnson and Johnson vaccine, the pause was lifted and the vaccine is available. She said she encourages everyone to consider vaccination as this is truly the best way to reduce further spread of the virus, including the various strains identified in North Dakota.

In response to a question from Commissioner Preston asking about the 54.5 percent first dose coverage rate and it seems Cass County has been stuck at that rate for a while, Ms. Schaefer said she reached out to the State due to the fact that it had been at 54.5 percent since last Thursday and the numbers should have gone up considering the number of vaccines FCPH had given. She said the State did something different with the reporting system, which increased the population in some areas; therefore, the percentage is correct. She said the number of people who have been accounted for in Cass County is a bit different and she is not sure if the State included the age 16 plus or if there was some other adjustment.

Fargo-Moorhead Area Flood Diversion Project Update:
FM Diversion Authority Executive Director Joel Paulsen said there have been many great successes and a lot of activity over the last few months, and the largest accomplishment to date is the receipt of $435 million from the State of North Dakota through a bonding bill. He said that takes the Diversion Project out of the Resources Trust Fund, which is important for the City of Fargo to recognize and speak with other leaders about across the State. He said when the Project was being funded through the Resources Trust Fund, it maxed out the capacity of that fund and prevented other water projects across the State from moving forward. He said Governor Doug Burgum expressed how this is a great fiscally-conservative thing to move forward with and with interest rates at record low levels, the ability for the Diversion Authority to access that capital and pay it back through the Legacy Fund earnings was an innovative way to approach this mega project. Another item to mention, he said, is the Diversion Authority is moving forward with procurement and has received bids for the project, which are being reviewed and he hopes to be able to bring that forward within the next month. He said everyone is waiting on pins and needles until there is a final recommendation for the bid; however, it appears the project will move forward on time and on schedule. He said the closing of a $569 million Water Infrastructure Finance and Innovation Act (WIFIA) loan will happen soon and this was one of the largest WIFIA loans given out last year. He said with the $435 million from the State plus the $569 million WIFIA loan, the Diversion Authority has access to $1 billion in capital and the WIFIA loan payments do not start until after construction is complete; therefore, there will be six to seven years of sales tax to fund internal budgets and annual cash budgets as the Diversion Authority works with the Public-Private Partnership (P3). He said bottom line is the Project is fully funded, all lawsuits have been removed, bids are in and things are moving forward.

In response to a question from Mayor Mahoney asking about the I-29 bid and contractor, Mr. Paulson said the U.S. Army Corps of Engineers has awarded a $67 million project to Industrial Builders for the I-29 grade raise, which will raise about a five mile stretch of the interstate by the southern embankment near the Oxbow exit, to provide transportation during flood events while the project is in operation.

Mayor Mahoney said the Board is doing a great job and getting this Project moving forward. He said there will be a lot of activity in the next month or so and he wanted to thank Commissioner Strand for his work with the upstream people.

2021 Mosquito Control Agreement with Cass County Vector Control Approved:
The Board received a communication from Public Works Director Ben Dow stating the Mosquito Control Agreement with Cass County Vector Control has been fully reviewed and approved by City staff. He said the contract costs are consistent with the 2020 contract and all funding associated with the agreement have been fully accounted for within the 2021 Vector Control budget. He said Vector Control works as the City’s agency that provides direction and influence; however, it does not provide the decision-making, which comes from himself and the Mayor. In the last year, he said, he has learned many things and has a different timeframe of when it is and when it is not a good time to spray. He said the City will continue to treat with larvicides in standing water and ditches and the contract also contains information and language if there is to be ground control sprays, which is also a decision made by the City.

In response to a question from Commissioner Gehrig asking if contract costs are the same as the 2020 contract, Mr. Dow said the fees the City spends on Vector Control have not changed since 2009. He said the dollar amounts vary from year to year depending on dry and wet cycles.

In response to a question from Commissioner Preston asking if Moorhead uses Cass County Vector Control, Mr. Dow said Moorhead is under contract in the same manner as Fargo. He said Fargo has already contracted with an aerial sprayer. He said it does not make the City accountable to do aerial spraying; it just allows the City to have a contractor in place and available if something comes about and the City needs to use the contractor. He said Moorhead is trying to decide if it is going to have a contract on retainer and he would be fearful of not having a contractor lined up if something were to happen as far as a health risk.

In response to a question from Commissioner Preston who said she has heard concerns about aerial spraying and ground spraying as it relates to people with chronic conditions and how are those things communicated, Mr. Dow said as the City looks at different types of spraying, there is a lot of information passed along to himself and the Mayor from Vector Control about trap counts. He said decisions are made on ground or aerial spraying based on what Vector Control is reporting. If the City is going to do a ground spray, he said, people with health concerns can contact Vector Control and ask that their area not be sprayed. He said when spraying is planned, the information is put out through the City’s public information system, it gets advertised and people can sign up on the Vector Control website for information or notices when spraying is going to take place. He said Fargo and West Fargo try to do aerial spraying collectively for efficiency and due to the fact that mosquitoes migrate. If the decision is made to do aerial spray, he said, information goes out about a week before and that is when the emails start between himself and the Mayor. He will now include all Commissioners in the emails, he said.

Commissioner Preston said the two reasons usually used for mosquito control are nuisance and West Nile disease. She said she thinks it would be important to have an epidemiology perspective at the table when designing the program for the year.

Mr. Dow said the issue comes down to the Vector Control Board and what seats are available. He said the City does not pay anything for the board, only for the services Vector Control provides. Cities used to have their own vector control groups, he said, and about 15 years ago, efforts were combined under Cass County Vector Control for efficiency. He said Vector Control is just the contractor and the City charges residents a $1.00 a month mosquito fee.

In response to a question from Commissioner Preston asking if the final decision is between Mr. Dow and the Mayor, Mr. Dow said it is now whether to fly or not to fly; however, it will be 100 percent the Mayor's decision moving forward.

Commissioner Piepkorn said this year is starting out dry and if it continues to be dry the City will not have the same pressures as in a wet year. He said it would be interesting to know the health issues and if it is West Nile, he would like to know how many people get it.

Mayor Mahoney said at a recent Vector Control meeting a lot of information was presented about safety concerns, the types of insecticides used and the West Nile virus.

Mr. Dow said since he has been Public Works Director, it has been mainly based on the nuisance level and trap counts. If this is something the Commission wants to change, it can be done due to the fact that costs are paid for with City dollars, the City is controlling it and the City can just do larvacide to treat standing water. He said it is not his decision; however, if the Commission wants to make the change and only do treatments based on West Nile numbers, he will make the change.

In response to a question from Commissioner Strand asking after last summer’s monarch massacre and after the public meetings, what was learned and what has changed, Mr. Dow said the City has to be mindful about monarch migration and health concerns, although after talking to mosquito control agencies, the products used are safe for humans and the environment, they are the same products used in lice treatments and sprayed on food. He said more sharing of information is needed about nuisance levels, the risk for West Nile and when the City starts reacting and shifting to ground spraying if West Nile cases are confirmed. He said in the past, Vector Control would be proactive before the virus is found in Cass County; however, that is the Commission's decision. He said this was the direction he was given under previous mayors who wanted to go forward based on nuisance levels or the concern of possible West Nile infections.

Commissioner Gehrig said the City should be careful about making wholesale changes to the program before everything is known. He said he encourages the Commissioners to speak to Ben Prather at Vector Control who is very smart and easy to talk to. He said Vector Control does not do mosquito control willy-nilly; it is based on science and the best available information they have and best practices. He said the City does not have direct control over Vector Control’s board; however, if the Commissioners show up at the Board meeting he thinks the Board will listen due to the fact that Fargo is most likely Vector Control’s biggest customer. He said the people on the Board are there for a reason and the City should trust them the same way it trusts Fargo Cass Public Health in regards to COVID-19 information.

In response to a question from Commissioner Preston asking if the Vector Control board is made up of people who are experts in controlling insects, Mr. Dow said the Mayor is on the Vector Control board, an NDSU Professor of Entomology and another Doctor of Dentistry who has done many papers and research on West Nile.

Commissioner Preston said she would be more comfortable if, from a health perspective, someone was on the Vector Control board who reviewed the research and it showed that is not done from a chemical company's perspective and it is not a health hazard.

Mr. Dow said he said he thinks what the Commissioners are asking for is a consultant or a doctor to research it and give a non-biased opinion. He said Dr. Ron Miller has agreed to work with the City and look at the programs and has made some suggestions; however, he does not think anyone is going to do what the City is asking for free. He said the City will have to bring in an expert under contract.

Mayor Mahoney said after last year’s monarch massacre, Vector Control is going to be very thoughtful going forward and they do not want an outbreak of West Nile; therefore, it will be a balancing act.
Commissioner Piepkorn moved the 2021 Mosquito Control Agreement with Cass County Vector Control be approved.

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

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Home Builders Association of Fargo-Moorhead, 1802 32nd Avenue South (3 year).
b. Jeffrey and Marion Kuehn, 1526 28 1/2 Avenue South (3 year).
c. Shane and Tricia Erstad, 1201 9th Street South (5 year).
d. Kay Schwartzwalter and Paul Gleye, 723 3rd Avenue North (5 year).
Commissioner Piepkorn moved the applications 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.

Purchase of Body-Worn Camera Program for the Fargo Police Department Approved:
Police Chief David Zibolski said since October 2020, the Fargo Police Department (FPD) has researched, reviewed and identified body-worn camera technology for the Department. He said a body-worn camera team was established and its work led to a successful Request for Proposal (RFP) with the preferred vendor being Axon, Inc. He said the selected vendor proposal was approved by the Finance Committee on April 26th. Implementation of the program will enhance the effectiveness of FPD, he said, and significantly improve public transparency and trust, reduce the uncertainty of citizen and internal complaints and provide excellent training and oversight opportunities. It will take some time to purchase, receive, outfit and train personnel prior to the actual roll out, he said, and during that time, policy will be completed and implemented. He said the cost of the program is $2,813,000.00 with funding coming from the Coronavirus Aid, Relief and Economic Security (CARES) Act. Along with the cameras, he said, the FPD will be getting Axon Fleet. He said the current fleet system is at end-of-life and has dated technology that does not have audio, it sits on a server where there have been several issues in terms of retrieving evidence and with this new system, everything will be on one platform and cloud-based for evidence retrieval and review. Also included is Axon Evidence, he said, and its cloud system is Criminal Justice information Services compliant, which has no limit to what is stored and there is direct linkage for City and State prosecutors as well as a system for open records requests. Axon Interview is also a separate platform included in the package, he said, and the FPD currently has the same issues with interview rooms in terms of the ability to retrieve all information from its current system, which is a different format. He said having all of these systems from one vendor platform in the cloud and readily available is efficient. Also with the package, he said, the FPD is able to get upgraded Tasers. The Tasers FPD currently uses are nearing end-of-life, he said, and along with the upgrade, FPD will get training components including a virtual reality setting, cartridge replacements and instructor information. He said the estimated rollout is August 2nd; however, he thinks it will be sooner.

In response to a question from Commissioner Strand asking how the system interacts with the media and the public's requests to access the information, Chief Zibolski said part of the reorganization plan includes an additional records person to work on video requests.

In response to a question from Commissioner Preston asking how the cameras are turned on, Chief Zibolski said one of the requirements was that the equipment come with certain triggers. He said when officers are under stress or there is a life-threatening situation, the last thing an officer is thinking about is pushing the camera button; therefore, the system triggers if an officer draws their pistol or Taser, takes a rifle out of the rack, turns the lights on in the car. He said FPD will be working through the policy pieces in the next couple of months; however, there is an expectation from the public that FPD has video of certain events and that is covered with the automatic triggering. He said the cameras will give the FPD an opportunity to capture an event and better understand what happened.
Commissioner Preston moved the purchase of a body-worn camera program for the Fargo Police Department be approved, as presented.

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

Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Monday, May 17, 2021.

Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:54 o’clock p.m.