Fargo City Commission - May 31, 2022

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 4:00 o'clock p.m., Tuesday, May 31, 2022.
The Commissioners present or absent were as shown following:
Present: Gehrig, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.
Mayor Mahoney announced that the Board will retire into Executive Session for the purpose of attorney consultation to discuss ongoing negotiations regarding the Roers-Newman Block Property – Tax Increment Financing District No. 2019-02. The Executive Session will allow discussion of negotiating strategy and to provide negotiating instructions to the City Attorney or other negotiator with respect to the Developer Agreement at issue. Any negotiation between the City and the Developer has financial implications and to discuss this matter in an open meeting will have a negative fiscal effect on the bargaining and/or potential litigation position of the City. Thus, an Executive Session for this matter is authorized pursuant to North Dakota Century Code § 44-04-19.1 subsections 2 and 9.
Commissioner Piepkorn moved the Commissioners meet in Executive Session in the Red River Room as authorized by NDCC, Section 44-04-19.1(2) and (9) to discuss said matter.

Second by Strand. All the Commissioners voted aye and the motion was declared carried.
At 4:05 o’clock p.m. the Board moved to the Red River Room to discuss the said matter in Executive Session.
Members present were: Gehrig, Piepkorn, Preston, Strand, Mahoney.

The Executive Session closed at 4:58 p.m. and the meeting reconvened in public session at 5:00 o’clock p.m.
All Commissioners present. Mayor Mahoney presiding.

Commissioner Piepkorn moved to direct the City Attorney to provide a notice of default to Roers Development in accordance with the Developer’s Agreement.

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

The Mayor read a message with the following information: Summer Storytime at Fargo Public Library branches will be offered Tuesdays and Wednesdays through July 27th; Free Friday Family Movies at the Carlson Library will be held through August 19th; the Library will have a booth at the Midwest Kid Fest on June 10th; the City is seeking proposals from local artists for new artwork for the panels on the exterior of City Hall; and a video was shown about the Forestry Department as they celebrated Arbor Day 2022 and Fargo being designated again as a Tree City USA.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved, continuing Items “27h” and “27i” to 5:15 p.m., Monday, June 13, 2022.

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 16, 2022 be approved as read.

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

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

1. 2nd reading and final adoption of the following Ordinances; 1st reading, 5/16/22:
a. Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.
b. An Ordinance Repealing and Re-enacting Article 21-01 of Chapter 21 of the Fargo Municipal Code Relating to the International Building Code.
c. An Ordinance Repealing and Re-enacting Article 21.1-01 of Chapter 21.1 of the Fargo Municipal Code Relating to the International Residential Code.
d. An Ordinance Repealing and Re-enacting Article 21.2-01 of Chapter 21.2 of the Fargo Municipal Code Relating to the International Existing Building Code.
e. An Ordinance Repealing and Re-enacting Section 30-0106 of Article 30-01 of Chapter 30 of the Fargo Municipal Code Relating to the International Mechanical Code.
f. An Ordinance Repealing and Re-enacting Article 30.1-01 of Chapter 30.1 of the Fargo Municipal Code Relating to the International Fuel Gas Code.
g. An Ordinance Repealing and Re-enacting Article 31-01 of Chapter 31 of the Fargo Municipal Code Relating to the International Property Maintenance Code.
h. An Ordinance Repealing and Re-enacting Chapter 21.3 of the Fargo Municipal Code Relating to the International Energy Conservation Code.
i. An Ordinance Repealing and Re-enacting Sections 9-0701 and 9-0704 of Article 9-07 of Chapter 9 of the Fargo Municipal Code Relating to Fire Protection and Prevention.
j. An Ordinance Amending Section 7-0302 of Article 7-03 of Chapter 7 of the Fargo Municipal Code Relating to Civil Service-Rules and Regulations.
k. Rezoning Certain Parcels of Land Lying in Maplewood Estates Second Addition to the City of Fargo, Cass County, North Dakota.
2. Site Authorizations for Games of Chance:
a. Sharehouse, Inc. at Woody’s.
b. Sharehouse, Inc. at RoundUp Saloon.
c. Sharehouse, Inc. at Rick’s Bar.
d. Sharehouse, Inc. at Bismarck Tavern.
e. Sharehouse, Inc. at Baymont Inn/Alibi Lounge.
f. North Dakota Association for the Disabled, Inc. at Cowboy Jack’s.
g. North Dakota Association for the Disabled, Inc. at O’Kelly’s.
h. North Dakota Association for the Disabled, Inc. at Bulldog Tap.
i. Fraser, Ltd. at Space Aliens.
j. Fraser, Ltd. at Golf Addiction.
k. VFW Post 762 at VFW Club.
l. Metro Sports Foundation at Country Inn and Suites.
m. Metro Sports Foundation at Brewtus Clubhouse.
n. Metro Sports Foundation at Mexican Village.
o. Metro Sports Foundation at Scheels Arena.
p. Metro Sports Foundation at Radisson Blu.
q. Metro Sports Foundation at Twin Peaks.
3. Applications for Games of Chance:
a. UND Alumni Association and Foundation for a raffle on 6/22/22.
b. River Keepers for a raffle on 6/13/22.
4. Amendment No. 3 with Houston Engineering in the amount of $20,000.00 for Project No. FM-22-C1.
5. Amendment No. 2 with SRF Consulting Group in the amount of $36,284.00 for Project No. MS-16-J0.
6. Bid award to Industrial Builders, Inc. in the amount of $4,136,938.70 for General Construction and negotiate an amendment for up to an additional $150,000.00 for electrical work for Project No. FM-19-C1.
7. Right of Way Use Agreement with J-Street Properties, LLC.
8. Concur with the recommendations from PWPEC and approve the project applications, as listed, as the City’s priorities to apply for Federal Highway Administration funds through Metro COG.
9. Scope of Services with Houston Engineering in the amount of $128,000.00 for the environmental review phase of the pedestrian bridge over the Red River at 40th Avenue South.
10. Encroachment Agreement (Sidewalk Dining) with Block 9 Hotel, LLC and Aparium Hotel Group, LLC d/b/a Jasper Hotel at 215 Broadway.
11. Variance Acknowledgement and Liability Waiver with Austin J. and Laura Morris for construction at 3717 Grandwood Drive North.
12. Bid award to Tecta America Dakotas in the amount of $167,343.50 for the Municipal Court Reroof Project (AFB22088).
13. Purchase of Service Agreement with Central Cass Public School District.
14. Purchase of Service Agreement with Kindred Public School District.
15. Grant from the Bob Woodruff Foundation for the ND Cares Veteran Program.
16. Funding for the Public Art projects, as presented.
17. Extension of unpaid leave for Tracy Zablotney through 9/23/22.
18. 2022 Mosquito Control Agreement with Cass County Government.
19. Bid award to Burski Excavating, Inc. in the amount of $3,422,822.90 for Project No. SW 22-01.
20. Solid Waste Management Agreement for Private Haulers in the City of Fargo with Northland Roll-off, LLC.
21. Bid advertisement for the following Projects:
a. No. WA2152.
b. No. WA2255-LSWTP Filter Rehabilitation.
22. Contract and bond for Project No. FM-22-C3.
23. Bills in the amount of $8,795,289.41.

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.

No Protests Received for New Utility and Paving Construction Improvement District No. BN-22-F1:
The Statutory Resolution of Necessity for the construction of New Utility and Paving Construction Improvement District No. BN-22-F1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on May 11 and 18, 2022 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Preston moved that the Board declare that no protests have been filed to the construction of New Utility and Paving Construction Improvement District No. BN-22-F1.

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.

Bids Received for New Utility and Paving Construction Improvement District No. BN-22-F1:
The bids for New Utility and Paving Construction Improvement District No. BN-22-F1 in the City of Fargo, North Dakota were opened at 11:45 o'clock a.m., May 25, 2022 and the bids were found to be as follows:

Dirt Dynamics, LLC Fargo, ND
Bid: $1,738,419.74

Northern Improvement Company Fargo, ND
Bid: $1,830,115.00

Master Construction Company, Inc. Fargo, ND
Bid: $1,882,455.00

Dakota Underground Company Fargo, ND
Bid: $2,159,336.06

Contract for New Utility and Paving Construction Improvement District No. BN-22-F1 Awarded to Dirt Dynamics, LLC in the Amount of $1,738,419.74:
Commissioner Preston 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 and Paving Construction Improvement District
No. BN-22-F1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 25, 2022 for New Utility and Paving Construction Improvement District No. BN-22-F1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for New Utility and Paving Construction Improvement District No. BN-22-F1 shows the bid of Dirt Dynamics, LLC of Fargo, North Dakota, in the sum of $1,738,419.74 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 Dirt Dynamics, LLC in the sum of $1,738,419.74 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for New Utility and Paving Construction Improvement District No. BN-22-F1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dirt Dynamics, LLC for the sum of $1,738,419.74, 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 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.

Contract for Asphalt Wear Course Improvement District No. PN-22-A1 Approved:
Commissioner Preston moved the Contract between the City of Fargo and Border States Paving, Inc. for Asphalt Wear Course Improvement District No. PN-22-A1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for Asphalt Wear Course Improvement District No. PN-22-A1 Approved:
Commissioner Preston moved the following described Contract Bond be approved as to sufficiency:
Liberty Mutual Insurance Company, in the amount of $2,380,780.30, for Asphalt Wear Course Improvement District No. PN-22-A1 in the City of Fargo, North Dakota.

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.

Resident Comments:
Branden Krieger spoke about geofencing and Downtown parking; and Christopher Coen spoke about the Wildlife Management Program.

Application for a Property Tax Exemption for Improvements Made to a Building Approved:
Commissioner Gehrig moved the application filed by David Huebner for a 5-year property tax exemption for improvements made to a building be approved.

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

Application to Transfer the Alcoholic Beverage License from License Holdings, LLC d/b/a Pickled Parrot to BBDT LLC Investments d/b/a Bottle Barn Off Broadway Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "AB" Alcoholic Beverage License from License Holdings, LLC d/b/a Pickled Parrot to BBDT LLC Investments d/b/a Bottle Barn Off Broadway to be located at 618 2nd Avenue North notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said the Pickled Parrot closed when the Block 9 building was constructed. He said an “AB” license allows the holder to sell beer, wine and liquor both on-sale and off-sale; however, Bottle Barn Off Broadway will only be selling off-sale. He said the store will not stock small bottles of liquor and will have limited hours, opening at 10 a.m. to accommodate suppliers and closing at 9 p.m. on weekdays, 10 p.m. on Friday and Saturday and 7 p.m. on Sunday.
Commissioner Piepkorn moved the application 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.

Parcels of Land in Magnum North Addition Rezoned (4903 19th Avenue North):
At a Hearing held on April 5, 2022 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to GI, General Industrial.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said the zoning change will create one lot for general industrial. He said Magnum Trucking is developing the property, which will include construction of a warehouse.
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.

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

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

Resolution Adopted Approving Magnum North 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 “Magnum North Addition” containing 1 Lot, 1 Block and 18.15 acres of land more or less, located at 4903 19th Avenue North; and
WHEREAS, A Hearing was held April 5, 2022 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 18 and 25, 2022 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., May 31, 2022 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 “Magnum North 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.

Parcels of Land in Laverne’s Second Addition Rezoned (4200 32nd Avenue North and 2867 45th Street North):
At a Hearing held on March 1, 2022 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to LI, Limited Industrial 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 property is currently undeveloped and the proposed land use from this rezoning request would be for commercial and light industrial. Hector International Airport also requires a signed Airport Proximity Agreement for this subdivision, he said, to which the applicants have agreed.

In response to a question from Commissioner Preston asking if there is ample green space to act as a buffer between Reile’s Acres and other possible future residential areas near this property, Mr. Kress said there is ample green space as well as Cass County Drain No. 40, which runs along 45th Street North.
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.

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

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

Resolution Adopted Approving Laverne’s Second 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 “Laverne’s Second Addition” containing 33 Lots, 5 Blocks and 158.51 acres of land more or less, located at 4200 32nd Avenue North and 2867 45th Street North; and WHEREAS, A Hearing was held March 1, 2022 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 18 and 25, 2022 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., May 31, 2022 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 “Laverne’s 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.

Parcels of Land in Christianson 32nd Avenue South Second Addition Rezoned (3102 36th Street South and 3401 32nd Avenue South):
At a Hearing held on April 5, 2022 the Fargo Planning Commission recommended approval of a change in zoning from GC, General Commercial and LI, Limited Industrial with a C-O, Conditional Overlay to GC, General Commercial with a C-O, Conditional Overlay.
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 will create four lots for general commercial use. The lot was the previous site of Fargo Tractor, he said, which has since been demolished.
Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Christianson 32nd Avenue South Second 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 Christianson 32nd Avenue South Second Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Christianson 32nd Avenue South Second 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 “Christianson 32nd Avenue South Second Addition” containing 4 Lots, 1 Block and 11.62 acres of land more or less, located at 3102 36th Street South and 3401 32nd Avenue South; and
WHEREAS, A Hearing was held April 5, 2022 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 18 and 25, 2022 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., May 31, 2022 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 “Christianson 32nd Avenue South 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.

Annexation of Property Located at 6688 45th Street South in the Northwest Quarter of Section 10, Township 138 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota: No Protests Received:
A Notice was published in the official newspaper for the City of Fargo, as required by law, on May 18, 2022, stating that a petition had been filed with the City of Fargo for annexation of property located at 6688 45th Street South in the Northwest Quarter of Section 10, Township 138 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota.
No protests have been filed with the City Auditor’s Office after publication of the Notice.
The Board determined that no person is present to protest or offer objection to the annexation petition.
Current Planning Coordinator Donald Kress said the petition for annexation was brought forward by the landowner and there are no other property owners within the boundary of the proposed annexation. He said the property is proposed to be developed as a school and will be part of Covey Ranch Second Addition, which is the next item on the agenda.

In response to a question from Commissioner Preston asking does the annexation process influence property taxes or special assessments and why is this such a patchwork, Mr. Kress said this is interstate right-of-way and some of the area was annexed earlier for the new Sanford Sports Complex,

In response to a question from Commissioner Preston asking what is the motivation of the owners to keep these plots outside the City, Planning Director Nicole Crutchfield said taxes could go up or specials applied and there are a series of leverages based on a number of qualifications.

Commissioner Preston said this is leapfrogging.

Ms. Crutchfield said it is; however, Planning would not be supportive of an annexation without a proposed development, which there is with this property.

City Engineer Brenda Derrig said the property owner would have to ask for a deferral. She said even if they were inside City limits, annexed and unplatted can be assessed and property owners do talk about increases in property taxes. She said the land to the west is owned by the Hectors and the land to the east is owned by the Brandts.
Commissioner Preston moved the Annexation of Property located at 6688 45th Street South in the Northwest Quarter of Section 10, Township 138 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota be approved.

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

First Reading of an Ordinance Annexing Property Located at 6688 45th Street South in the Northwest Quarter of Section 10, Township 138 North, Range 49 West of the Fifth Principal Meridian, 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 Annexing Property Located at 6688 45th Street South in the Northwest Quarter of Section 10, Township 138 North, Range 49 West of the Fifth Principal Meridian, Cass County, North Dakota be placed on first reading.

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

Amendment to the Growth Plan on Covey Ranch Second Addition Approved:
A Hearing had been set for this day and hour to consider approval of an amendment to the Growth Plan on the proposed Covey Ranch Second Addition from Medium Density Residential and High Density Residential to Proposed School.
The Fargo Planning Commission recommended approval of the amendment to the Growth Plan at its April 5, 2022 meeting.
No written protest or objection to the amendment to the Plan has been received or filed in the Planning and Development Department.
The Board determined that no person is present to protest or offer objection to the Growth Plan amendment.
Commissioner Preston moved the amendment to the Growth Plan be approved.

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

Parcels of Land in Covey Ranch Second Addition Rezoned (6688 45th Street South):
At a Hearing held on April 5, 2022 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to P/I, Public and Institutional, with a C-O, Conditional Overlay.
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 two lots in one block intended for the development of the Capstone Classical Academy, a private school serving pre-K through 12th grade.
Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

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

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

Resolution Adopted Approving Covey Ranch Second 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 Second Addition” containing 2 Lots, 1 Block and 18.73 acres of land more or less, located at 6688 45th Street South; and
WHEREAS, A Hearing was held April 5, 2022 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 18 and 25, 2022 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., May 31, 2022 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 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.

Parcels of Land in Westrac Third Addition Rezoned (3315 and 3361 Westrac Drive):
At a Hearing held on February 1, 2022 the Fargo Planning Commission recommended approval of a change in zoning from GC, General Commercial with a PUD, Planned Unit Development and AG, Agricultural to GC, General Commercial with a PUD, Planned Unit Development and LI, Limited Industrial with a C-O, Conditional Overlay.
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 previously undeveloped land is being rezoned for an affordable independent senior living facility.
Commissioner Preston 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) and Conditional Overlay (C-O) 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.

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

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

Resolution Adopted Approving Westrac Third 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 “Westrac Third Addition” containing 4 Lots, 1 Block and 19.17 acres of land more or less, located at 3315 and 3361 Westrac Drive; and
WHEREAS, A Hearing was held February 1, 2022 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 18 and 25, 2022 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., May 31, 2022 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 “Westrac Third 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.

Hearing on Renaissance Zone Project for Great Plains Block 3 Venture, LLC Continued to June 13, 2022:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for Great Plains Block 3 Venture, LLC for a new construction project at 225 4th Avenue North and 419 3rd Street North; however, Planning Director Nicole Crutchfield asked that the Hearing be continued to June 13, 2022.
Commissioner Piepkorn moved the Hearing be continued to 5:15 p.m., Monday, June 13, 2022.

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 the Development Agreement for Tax Increment Financing District No. 2021-01 Continued to June 13, 2022 (419 3rd Street North and 225 4th Avenue North):
A Hearing had been set for this day and hour to review a proposal from Kilbourne Group to redevelop a City-owned property at 419 3rd Street North; however, Strategic Planning Director Jim Gilmour asked that the Hearing be continued to 5:15 p.m. on Monday, June 13, 2022.
Commissioner Piepkorn moved the Hearing be continued to 5:15 p.m., Monday, June 13, 2022.

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.

Application Filed by Amity Technology, LLC for a 5-Year Property Tax Exemption Approved:
A Hearing had been set for this day and hour on an application filed by Amity Technology, LLC for a 5-year property tax exemption for an expansion project at 401 27th Street North, which the applicant will use in the operation of manufacturing and storage of Crop Chaser, a new agricultural implement for dairy farmers.
No written protests have been filed for the attention of the Board.
The Board determined that no person is present at this Hearing to protest or offer objection thereto.

Strategic Planning Director Jim Gilmour said the application meets the City’s current policy and the applicant will pay the full land tax. He said a letter from the ND Department of Commerce is included with the application, stating Amity Technology is a primary sector business. The applicant will use an existing building to support the production of a new product primarily used by dairy farmers, he said, and the expansion will also include a powder-coat paint line, cranes, monorails and storage. He said the property tax savings would be approximately $28,000.00 a year for five years. The expansion will add 5 new positions the first year, he stated, paying $20.00 to $28.00 per hour, with projections of adding up to 20 new employees in 5 years.

Ryan Aasheim, Chief Business Development Officer for the Greater Fargo Moorhead Economic Development Corporation (GFMEDC), said Amity Technology, is a global innovator and manufacturer of large equipment. He said the company is outgrowing its current footprint and some of the components manufactured in Fargo have to be sent to South Dakota for welding and other fabricating, then shipped back to Fargo. He said this expansion will allow the company to onshore some of that work and will add a powder-coating bay, which could be used by other companies. Amity Technology has been in Fargo for many years, he stated, and currently pays nearly $100,000.00 in property taxes on properties it owns.

In response to a question from Commissioner Gehrig asking if Amity Technology does not receive the exemption, will the expansion happen, Brian Dahl, Co-Founder of Amity Technology, said there is a lesser chance. He said Amity Technology has been in the same location since 1979 and the issue is Amity has created the problem with manufacturing bigger equipment. Ideally, he said, Amity would build at a greenfield sit; however, at every Board meeting the discussion is should a new building be built, move out of town or put a small addition on or make a tweak here or there; however, every step along the way Amity has opted to stay where it is. He said one of Amity’s key buildings was a roadway terminal, which was knocked down and a fabricated building built. He said Amity received a tax exemption on that building, the one tax exemption Amity has received, that has been gone since 2012 and Amity has been paying taxes on that addition for five years. This new product has a chance to really go, he said; however, he does not know for sure, he is a businessman who take risks, there has been three years of development on this product with many engineers hired from NDSU. He said for Fargo taxpayers, this is a pretty good bet.
Commissioner Piepkorn moved that the application filed by Amity Technology, LLC for a 5-year property tax exemption pursuant to Chapter 40-57.1, NDCC be approved.

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

Application Filed by Weather Modification, LLC for a 5-Year Property Tax Exemption Approved:
A Hearing had been set for this day and hour on an application filed by Weather Modification, LLC for a 5-year property tax exemption for an expansion project at 3802 20th Street North, which will provide aircraft modification services.
No written protests have been filed for the attention of the Board.
The Board determined that no person is present at this Hearing to protest or offer objection thereto.

Strategic Planning Director Jim Gilmour said the application meets the City’s current policy and the applicant will pay the full land tax annually once the leased lot is split from the main parcel. He said it has been designated by the ND Department of Commerce as a primary sector business. Weather Modification provides aircraft modification services such as photographic equipment, remote sensing, environmental monitoring, atmospheric chemistry, cloud physics measurements, cloud seeding and cloud physics, he stated. The new $22 million building will house a paint booth, overhead crane, aircraft jacks, tooling, aircraft tug, power cart and tow bars, as well as hangar and office space, he said. The company currently employs 54 people, he stated, and projects that in 5 years will employ 80 people with wages ranging from $20.00 to more than $35.00 per hour.

Ryan Aasheim, GFMEDC, said this is another company that is diversifying the Fargo area’s economy regionally and globally with its work in retrofitting aircraft with advanced weather modification equipment and ambulatory systems. He said it is one of those companies not many people know is in Fargo and do not know the level of sophistication the company adds to aircraft and aviation equipment. The Fargo Jet Center has increased its level of business in recent years, he said, and have paid more than $3.5 million in taxes over the last 20 years on existing property.

Pat Sweeney, Fargo Jet Center, said Weather Modification is an aerospace engineering program where high-tech systems are developed including cloud physics, atmospheric chemistry, cloud modification and air ambulance systems. He said the Engineering Department includes aeronautical engineers, with that staff expanding. There is also a lot of work on the science side with the University of North Dakota’s Aerospace and Atmospheric Sciences Departments to build and develop these special mission aircraft, he said. They are flying laboratories that are sold and leased to all parts of the world, he said.

In response to a question from Commissioner Gehrig asking if Weather Modification does not get the incentive will the company grow in Fargo, Mr. Sweeney said the company is well committed at the Airport, there has been a huge investment and he moved to Fargo in 1992 and got support from the City, County and State to keep the business in North Dakota. He said he selected Fargo as the base and the business has since grown immensely. There are very few aerospace science and aviation jobs in North Dakota for pilots, mechanics and engineers, he said, and what he found over the last 20 years is he can select the top people from around the country who want to come back to North Dakota who did not have opportunities in North Dakota, that want to come back to North Dakota to raise their families. He said we he wants to continue to build and grow in Fargo and if the company does not get the incentive, it will restrict the buying of some high-tech equipment needed in the laboratories.

Commissioner Gehrig said he is glad the Fargo Jet Center is growing in Fargo; however, the reality is, Fargo is the best place for the company to grow. He said there is no “but for” in this application, he does not blame someone for asking for the incentive; however, the Commissioners should vote “no.”

In response to a question from Commissioner Preston asking if the new addition will double the size of the Fargo Jet Center, Mr. Sweeney said there is currently about 230,000 square feet and this addition will add another 110,000-square-feet, almost double the current size.

In response to a question from Commissioner Preston asking if the airport owns the land, Mr. Sweeney said it does. He said property taxes are paid on the buildings. The company recently completed an air ambulance project for the Greek Air Force and it works with Spectrum Aeromed of Fargo, he said, which designs and builds beds for air ambulances. He said the company is currently working on a proposal with Romania for trauma air ambulances. There are great things happening in Fargo with aerospace engineering, he said.
Commissioner Strand moved that the application filed by Weather Modification, LLC for a 5-year property tax exemption pursuant to Chapter 40-57.1, NDCC be approved.

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

Ten-year Landfill Gas Purchase and Sale Agreement with Cargill, Inc. Approved:
City Administrator Bruce Grubb and Solid Waste Utility Director Terry Ludlum gave a presentation on how methane gas (CH4) is captured at the landfill and how it is processed and sold to various locations, including a generator, a transfer station and to a potential fueling station, which could be used by City vehicles and Transit buses.

Mr. Grubb said the original agreement with Cargill started in May 2002 and expires in May 2022. The benefits of the landfill methane gas purchase and sale agreement, he said, includes mitigating landfill odors, a diversified revenue stream for the City, greenhouse gas emission reduction and potential renewable energy attributes. The benefit to Cargill is to offset operating costs by utilizing landfill gas in lieu of natural gas, he said.

Mr. Ludlum said the Landfill Wellfield Expansion was completed in 2021 and the project added nine additional gas wells. He said there were also major upgrades to the compressor station and with those recent upgrades, the City is capable of harvesting upwards of 1,800 CFM of methane, which would be distributed to the generator, potential fueling station and to Cargill. He said the new agreement with Cargill will be a variable payment rate based on 50 percent of the monthly average natural gas market value. For example, he said, if Cargill uses 700 CFM and the NYMEX price of natural gas is $5.00, Cargill would be charged $2.50 for a potential total annual revenue to the City of more than $430,000.00. There are tremendous emission reductions and energy benefits with capturing methane, he said, and one ton of methane has the same adverse environmental impacts as 25 tons of CO2. The reported 11-year average at the Fargo Landfill is 4,340 tons captured and destroyed metric tons of CH4, which is equivalent to 108,500 metric tons of CO2 per the EPA Electronic Gas Reporting Tool. He then shared Emission Reductions and Environmental and Energy Benefits for Landfill Gas Energy Projects statistics from the Fargo Landfill, which are stored with the EPA. He said over the past 18 months, the City has been negotiating a new agreement with Cargill and Cargill has reviewed the draft agreement and is in agreement with where it stands now.

Commissioner Gehrig said this has always been a great deal for the City, it is one of those “green things” that actually works and the one thing he finds really exciting. He said he really wished he could see the fueling station get going while he was still a Commissioner. He said when that happens, the City can power its Transit buses and City vehicles. That is why the City should not buy hybrid buses and buy diesel buses instead, he stated, which are less expensive, last longer and can be converted to natural gas, which is greener than a battery. He said he hopes the City can get this done someday and it will be a great deal for the residents of Fargo.

In response to a question from Commissioner Strand asking what was the investment by the City for this project, Mr. Ludlum said the wellfield expansion was about $400,000.00 and to date the project has cost about $7 million. He said with revenues and offset costs, the City is at about $6.8 million so within the first year or so, the City is in the black. He said the City also utilized State Energy Conservation Bonds and Federal Clean Renewable Energy Bonds; therefore, most of the projects were put into place at almost a zero percent interest rate.

In response to a question from Commissioner Strand asking is there is an option to renew the Cargill contract after 10 years, Mr. Grubb said both parties have agreed to a renewal option.
Commissioner Gehrig moved the Ten-year Landfill Gas Purchase and Sale Agreement between with Cargill be approved.

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

At 6:09 p.m., the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

2022-2023 Wildlife Management Program Approved Contingent Upon the Park District, Sandhills Archery and the City of Fargo Coming to Terms with the ND Game and Fish Department to Operate the Program: City Attorney Directed to Draft Amendments to City Ordinances to Revise the Wildlife Management Program in Accordance with the New Arrangement:
Assistant City Administrator Michael Redlinger said in June, September and November 2021, the City Commission discussed the future of the Fargo Wildlife Management Program. Following public input on the safety and efficacy of the program, he said, the City Commission was requested by Police Chief David Zibolski to consider the first reading of an Ordinance Repealing Article 12-04 of the Fargo Municipal Code Relating to Wildlife Management Program Regulations. At the November 15th meeting, the City Commission tabled the matter to allow time for discussions to continue with the North Dakota Game and Fish Department, Fargo Park District and proponents of the Wildlife Management Program, he said. City representatives participated in internal and external meetings to gauge the interest and capacity of partner organizations to support the continuation of the Wildlife Management Program in the City, he said, consistent with this direction. He said City staff will provide an update from discussions with the referenced organizations and offer a proposed framework for the continued operation of the Wildlife Management Program in 2022-2023. As discussed in previous meetings, he stated, the Police Department desires to be removed from the operation and management of the program. In its place, he said, it is proposed the Sandhills Archery Club operate the program, with support and oversight by the Fargo Park District and the City. If approved, the three entities will collaborate to define roles, responsibilities and parameters to operate the program this fall and winter, he said. At present there is a shape of a revised program that could be put into place this fall, he said, should the City Commission desire to move forward in that direction. He said the Park District has a Facilities Committee, which recently met and provided some recommendations as to should they continue to authorize the program to occur on Park District land. He said that Committee is proposing a presentation to the full Park Board on June 14th to talk about what might be entailed with the program if it were to come back this year. He said tonight is a contingent approval for a program for the 2022-2023 season should the City Commission desire for it to continue. He said it is contingent on a few things: the parameters have to be defined for when the program will operate and who is going to provide the administrative support. The Sandhills Archery Club has expressed interest in helping and is approving a one-year operation of the program, he said; however, there are some steps that still need to be taken. He said the City needs to work with the City Attorney on a three-party agreement that would be executed between the Sandhills Archery Club, the Park District and the City should the program continue and the City also needs the approval of the ND Game and Fish Department. He said there are three parks the Facilities Committee recommended removing from the program should the full Park Board authorize it to continue and the City Commission authorizes it to continue and those would be Orchard Glen, Forest River and Heritage Hills, which are on the south side of town and outside City limits. He said those are park locations where the program operated in the past.

Commissioner Gehrig thanked Mr. Redlinger for his time, efforts and coordination with other subdivisions as well as the private sector. He said he hopes there will be a revamped and improved program and he hopes everyone supports it.

In response to a question from Commissioner Preston asking what the role of the City would be, Mr. Redlinger said there are Ordinances where the Wildlife Management Program is described and there would have to be revisions to that Ordinance to reflect there is a private entity operating and managing the program and references to the Police Department operating the program would have to be removed. He said the land where hunting would be allowed is owned by the Park District and the City’s role would be limited; however, there are a few open administrative questions to work out. He said it is his hope the Sandhills Archery Club would be the entity in charge of operating the program should the City Commission and Park District want it to continue and the Game and Fish has to supervise the effort as they ultimately possess the authority to approve or not approve programs in individual communities.

In response to a question from Commissioner Preston asking who would be in charge of taking information if there is a complaint, Mr. Redlinger said there would be some type of marketing material for who to contact with complaints. He said the City will want to clarify that and be upfront with the public.

Commissioner Piepkorn thanked Mr. Redlinger and others who corralled efforts and communications to come up with a plan; however, it is still in process and a partnership and collaboration with other groups is heading in the right direction. He said the Police have enough things on their plate; therefore, having the right people in charge will have a big impact.

In response to a question from Commissioner Strand asking about the possibility of citizen engagement as this process continues, Mr. Redlinger said the Park District and the City will have public input meetings and the City Attorney will have more specifics about what the City’s responsibilities are going to be. He said good progress is being made, there is still a ways to go, signage will be important, there are a lot of things that need to improve and he thinks everything is on the right track.
Commissioner Gehrig moved the 2022-2023 Wildlife Management Program be approved contingent upon the Park District, Sandhills Archery and the City coming to terms with the ND Game and Fish Department to operate the program and the City Attorney be directed to draft amendments to the Ordinance in accordance with the new arrangement.

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

Ground Lease with The Chamber Fargo Moorhead West Fargo for Land at 2001 44th Street South Approved, Subject to Approval from Chamber and the Fargo-Moorhead Convention and Visitors Bureau:
Director of Strategic Planning Jim Gilmour said the City received a request from the Chamber on a proposed lease of City-owned land at 2001 44th Street South. He said the City Attorney office developed a proposed lease of $1,000.00 per month for 20 years with an option for extensions.
Shannon Full, President and CEO of the Chamber, said in order to respond to increasing demands and opportunities, The Chamber of Fargo Moorhead West Fargo is seeking a new building space. After a formal Request for Proposal (RFP), she said, the proposal to co-locate on the same property as the Fargo-Moorhead Convention and Visitors Bureau (CVB) best reflected the creative nature of the project and alignment with The Chamber proprieties. She said the intent in building a new facility is to create a forward-thinking, solution-based space to serve as a Business Resource Hub. This collaborative space would be a place for aligned-mission organizations to co-exist, she said, providing a space dedicated to business growth and collaboration. The land for the proposed lease is owned by the City and adjacent to the CVB building and is under lease with the CVB, she said; thus, a collaboration such as the Business Resource Hub would be reworking the space for a better use. The 10,000-14,000 square foot building would add a new tax base for the City, she said, and the location is highly visible and centralized with ease of access to parking and navigating. The building would add programming space for up to 100, in addition to offices, conference rooms, collaboration spaces and a boardroom, she said. If the lease is approved, she stated, The Chamber will begin to identify co-locating partners, start the process for an RFP for architectural design and general contracting. The hope is to break ground in the fall of 2022, she said, and see completion of the build in the fall of 2023.

CVB President Charley Johnson said he raised a few questions about the lease due to the fact that today was the first time he had seen the lease. He said he was concerned that there was no clear definition of the term “premises,” he had questions about replatting the land into two plots with no distinct legend on how it was going to be done and the CVB needed to part of that process. He said he also wanted to make sure the new building is compatible with the CVB building, which he has been assured it will. He said there was also a call for the CVB to negotiate shared parking, which should not be a problem going forward once it is determined where everything is going to go. He agrees with the proposed motion knowing now that the details can be worked out, he said.

In response to a question from Commissioner Strand asking about the market rate for a land lease, Assistant City Attorney Erik Johnson said the City’s surplus property Ordinance does call for a competitive process of any significant value of real property or personal property; however, when it comes to leasing property, it is not required to have a competitive proposal process and the City Commission can approve whatever terms there are for the leasing of a property. He said this is a long-term lease and it does contain a provision for whatever reason the City decides to sell it, the Chamber would have a right to buy the property. He said it would be a competitive sale but a sale to the highest builder and it would still trigger the opportunity for the Chamber, the owner of the building, to match that price and have a right of first refusal and that language is in the lease.

In response to a question from Commissioner Strand asking if Mr. Johnson is representing the Chamber in this discussion, Mr. Johnson said he is representing the City.

In response to a question from Commissioner Strand asking about taxation of a property that is leased and if this is going to be leased for $1,000.00 a month, how does that balance out into the tax revenue side, Mr. Gilmour said when property is owned by a public entity that would otherwise be exempt, when they become aware of a lease, the City would put a value on that leasehold interest and tax it accordingly. He said the City’s Finance Director did some analysis on the property and arrived at some values and recommended a lease of $2,000.00 to $3,000.00.

In response to a question from Commissioner Strand asking how does the City know that $1,000.00 is a fair competitive market value and some people may say the City is giving a discount others in the public would not get and is there room to revisit the lease value so it is more what the Finance Director perceived to be a fair and competitive rate, Ms. Full said if the City revisits the lease value, the reality is the Chamber is a non-profit organization serving the community and the Chamber is going to invest a significant amount of its reserves to build the building. She said the lease amount will factor to the Chamber being able to afford to move forward with the project.
Commissioner Strand moved the monthly lease amount be increased to $2,000.00 per month.
The motion died for the lack of a second.
Commissioner Piepkorn moved the Ground Lease between the City of Fargo and The Chamber Fargo Moorhead West Fargo for land at 2001 44th Street South be approved, subject to approval by The Chamber and the Fargo-Moorhead Convention and Visitors Bureau.

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

Update on Police Patrols:
Police Chief David Zibolski said there were 728 traffic stops in May 2022, up 24 percent over April 2022, with 584 citations written, which was an increase of 29 percent over April 2022. He said 264 speeding tickets were handed out in May 2022, up 118 percent over April 2022. May targeted locations on the North side included 19th Avenue, 10th Street and 12th Avenue and on the South side, targeted locations included 45th Street, 52nd Avenue, University Drive and 32nd Avenue, he said.
A video was shown highlighting a collaboration between the Fargo Police Department, North Dakota Highway Patrol and the Cass County Sheriff’s Office to assist in helping to detect and deter street racing and attempts to flee.
Chief Zibolski said the ND Highway Patrol’s airplane is outfitted with a camera capable of tracking movements of motorists who are driving recklessly. He said the pilot is in constant communication with patrol officers on the ground to provide information on where street racing may be happening or to help find a vehicle that has fled the scene.

Commissioner Gehrig said he has noticed more patrols on the North side and he commends the Police Department for its increased efforts to address the concerns of residents.

Commissioner Preston said she has heard from residents in the Southside area neighborhoods who have definitely noticed a difference the past few weeks and said whatever the Police are doing is working.

First Reading of an Ordinance Enacting Section 8-1026 of Article 8-10 of Chapter 8 of the Fargo Municipal Code Relating to Designated Passenger Loading Areas and an Ordinance Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations:
Fargo Police Department Lieutenant Bill Ahlfeldt gave a presentation on the locations of the designated passenger loading areas in and around Downtown Fargo. He said the Ordinance would be in effect Thursdays, Fridays and Saturdays from 10 p.m. to 3 a.m., the boundary on the west would be 7th Street North, the north boundary would be 7th Avenue North, the east boundary would be 4th Street North and the south boundary would be Main Avenue. He said the designated parking would be for ride share and cab service pickup only as well as for any driver who wants to use these areas as a pickup area. The purpose for the designated areas, he said, is to reduce double-parking that obstructs a roadway, violations of set time limits and there will be a communication plan to educate the public on the new Ordinance. He said the issue of assisting individuals with disabilities has been addressed, and a representative of the disabled citied easier accessibility for individuals with disabilities, which allows individuals with disabilities to use sidewalks to get to designated areas to be picked up and access to automated intersections to making crossing the street safer. He said the designated areas were chosen based on heat maps provided by Lyft and Uber on where they were picking up the majority of people during the time frame discussed. He gave several examples of signage that would be used if the Ordinance is moved forward.
In response to a question from Commissioner Strand asking if the Parking Commission would have any discussions about this proposed Ordinance, Planning Director Nicole Crutchfield said the Parking Commission is not related to the on-street governance and helps Planning manage the parking ramps.

Commissioner Gehrig said this plan addresses a lot of the concerns he had, one of which was people or the ride shares could not park in a regular spot to pick up or drop somebody off and it discourages the double parking and keeps people from coming out into the street. He said there are going to be complaints and he is willing to try this as one of his last acts on the Commission and see how it goes. He said the people that are near the designated parking are not going to like it, such as the churches and people who live Downtown who are going to hear people in the wee hours of the night.
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 Enacting Section 8-1026 of Article 8-10 of Chapter 8 of the Fargo Municipal Code Relating to Designated Passenger Loading Areas and an Ordinance Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations be placed on first reading.

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

Typographical Errors on June 14, 2022 Election Ballot Question Regarding Term Limits Declared Non-Fatal: Proceed with Ballot as Printed:
City Auditor Steve Sprague said the Auditor’s office became aware of some typographical errors in the ballot wording for the City question regarding term limits. He said the errors are “move then” and should be “more than” and “had” should be “has.” After discussion with the City Attorney and Cass County States Attorney, he said, the following options are available: declare the errors to be non-fatal (not material) and proceed with the ballot as printed or determine the ballot to be invalid and place the question on the ballot in November. He said the ballot question is a summary of the Ordinance adopted by the City Commission and the ballot question does not state the entire Ordinance, for example “do you approve term limits, yes or no.”
In response to a question from Commissioner Strand asking if the ballots could be reprinted, Mr. Sprague said reprinted ballots would not be done in time for Election Day and absentee ballots with the typographical error have already been mailed out.

Commissioner Preston said she has already voted via absentee ballot and she did not even notice the error; therefore, she thinks the errors are not material.

Commissioner Strand asked that the Communications and Governmental Affairs Department work with City Administration and Cass County in order to make sure residents are aware of the error, either with signage, mailings or other communications.
Commissioner Preston moved to declare the typographical errors on the June 14, 2002 Election ballot regarding term limits non-fatal and to proceed with the ballot as printed.

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

Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Monday, June 13, 2022.

Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:56 o’clock p.m.