Board of City Commissioners - April 10, 2017 Minutes

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Room at City Hall at 5:00 o'clock p.m., Monday, April 10, 2017.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Strand, Mahoney.
Absent: Piepkorn.
Mayor Mahoney presiding.

The Mayor read a statement with the following information: Fargo Cass Public Health will host presentations on May 8th and May 9th on human trafficking in North Dakota; Daryl Ritchison, Interim Director of the North Dakota Agricultural Weather Network, will give a presentation at the downtown Library on April 18th that is a look back at weather events of the 1930s through the voices of those who lived through the worst drought in the past 140 years; the Library is now offering the digital library Hoopla, which includes ebooks, eaudiobooks, movies, comics and music; the Planning Department has received 42 new applications so far this year for the Fargo Neighborhood Revitalization Initiative, which is a partnership with the City and Gate City Bank; and Public Works recently conducted controlled burns on roundabouts in south Fargo as an ecologically sound method of removing weeds and other non-desirable species.

Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved, adding an item to the Regular Agenda regarding a "Request to the Commission to Conduct a Study on Alternative Options on Main Avenue."
Second by Gehrig. All the Commissioners present 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 March 27, 2017 be approved as read.
Second by Grindberg. All the Commissioners present 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 an Ordinance Amending Sections 8-0101
8-0305, 8-0920, 8-0921 ,8-0925, 8-0925.1 and 8-0925.8 of Articles 8-01, 8-03,
8-09 and Enacting Sections 8-0920.1 and 8-0921.1 of Article 8-09 of Chapter 8 of the Fargo Municipal Code Relating to the Traffic Code.
2. Applications for property tax exemptions for improvements made to buildings
a. Benjamin W. and Jana Dee Daueber, 1306 4th Street North (5 year).
b. Scott A. and Anemone R. Beaulier, 1533 9th Street South (5 year).
c. Timothy A. and Gail M. Dancer, 6418 14th Street South (5 year).
3. Applications for Games of Chance:
Fargo Metro Baseball Association for a raffle on 6/30/17.
b. Fargo American Legion Baseball for a calendar raffle from 7/1/17 to 8/30/17.
c. Homeward Animal Shelter for a raffle on 4/20/17.
d. YMCA of Cass and Clay Counties for a calendar raffle from 5/1 5/17 to
5/29/17.
Kappa Alpha Theta for a raffle on 4/24/17.
Fargo Rotary Club for a raffle on 5/24/17.
Keri Leach Charitable Benefit for a 50/50 raffle on 4/23/17; Public Spirited Resolution.
h. Fargo-Moorhead Cosmopolitan Club for a calendar raffle from 9/7/17 to 6/28/18.
Fargo-Moorhead Cosmopolitan Club for a sports pool from 9/18/17 to 12/25/17.
j. Roger Maris Charity Golf Tournament for a raffle on 6/26/17.
k. Benefit for Mike Bruns Sr. for a raffle on 4/22/17; Public Spirited Resolution.
4. Notice of Grant Award from the ND Department of Health for Ryan White Case Management (CFDA No. 93.917).
5. Recommendation from the PEC to reclassify one of the Transit Reservationist positions (Grade 6) to a Lead Transit Reservationist (Grade 8) retroactively to February 13, 2017.
6. Transit Asset Management Plan.
7. Wildlife Management Program Report for 2016 and Resolution authorizing program for 2017-2018 (Attachment "A").
8. Control equipment for the Civic Center Parking Ramp from TAPCO in the amount of $5,414.95.
9. Three-year contract with Henry Schein, Inc. for Fire Department medical supplies.
10. Amended and Reconstituted Easement for Skyway
11. Settlement Agreement and General Release with Stepp Manufacturing Company, Inc. and Pavement Technologies International Corporation, Inc.
12 Change Orders for the City Hall Project:
a. No. 5 for an increase of $18,918.00 for general construction contract.
b. No. 3 for an increase of $36,016.00 for mechanical construction contract.
c. No. 2 for an increase of $2,797.00 for electrical construction contract.
13 Change Orders for Project No. WAI 301 •
a. No. 8 for an increase of $110,928.18 for mechanical construction contract.
b. No. 9 for an increase of $56,327.00 for general construction contract.
14 Contract award for consulting services to SRF Consulting Group, Inc. in the amount of $159,986.00 for the North Broadway Bridge at the Red River (Project No. MS-16-JO).
15. Bid award for Aggregate Materials, Concrete, Asphalt, Emulsified Asphalt and Re-Bar (RFP 17053).
16. Bid award for Water Main Materials, Miscellaneous Materials and Fire Hydrants/Parts (RFP 17052).
Bid award for Project No. FM-17-A1 to Excavating, Inc. in the amount of $1 10,090.23.
18 Bid award for the installation of lime slakers at the WTP Project No. WAI 506 to North Plains Contracting and JDP Electric, Inc. in the amount of $66,100.00 and $38,607.00, respectively.
19. Sole Source Purchase with Gillig LLC for parts at the Transit Department.
20. Contracts and bonds for Project Nos. PR-17-G1, SW16-02 and GTC Deck Overlay and Exhaust Duct Relocation project.
21. Bills in the amount of $12,757,472.09.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Agreement/Early Building Permit for Property at 1881 Sheyenne Loop North Approved (Improvement District No. BN-16-J):
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) stating the Committee reviewed an early build permit submitted by Dale Lian, owner of the property located at 1881 Sheyenne Loop North. The infrastructure work for this area has been bid under the project noted and awarded to Ryan Contracting. The applicant will provide a deposit that could be used to repair any impacts from the site construction to the municipal project.
Commissioner Strand moved the Agreement/Early Building Permit for Property located at 1881 Sheyenne Loop North be approved.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn. The motion was declared carried.

__ Utility Relocation Agreement with Cass County Electric Cooperative Approved: __
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) regarding a Relocation Agreement with Cass County
Electric to facilitate the necessary relocation of buried power lines on the south side of 32nd Avenue South to accommodate the reconstruction and widening of 32nd Avenue South Improvement District No. PR-17-A1. The estimated cost of the work is $600,000.00
Commissioner Strand moved the Utility Relocation Agreement with Cass County Electric Cooperative for Improvement District No. PR-17-AI be approved.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn. The motion was declared carried.

Utility Relocation Agreement with Xcel Energy Approved:
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) regarding a Relocation Agreement with Xcel Energy to facilitate the necessary relocation and burial of overhead power lines on the north side of 32nd Avenue South to accommodate the reconstruction and widening of 32nd Avenue South, Improvement District No. PR-17-AI. The estimated cost of the work is $375,000.00.
Commissioner Strand moved the Utility Relocation Agreement with Xcel Energy for Improvement District No. PR-17-A1 be approved.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn. The motion was declared carried.

Categorical Exclusion for Improvement District No. BR-18-BI Approved:
The Board received a Report of Action from the Public Works Evaluation Committee (PWPEC) with documents summarizing the alternatives for the proposed 1 0th Street Reconstruction Project.
Commissioner Strand moved the Categorical Exclusion and Selection of Alternative B as the preferred project for Improvement District No. BR-18-B1 be approved.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn. The motion was declared carried.

Categorical Exclusion for Improvement District PR-17-BI Approved:
The Board received a Report of Action from the Public Works Evaluation Committee (PWPEC) with documents summarizing the alternatives for the upcoming project to reconstruct a portion of University Drive between 18th Avenue South and the 1-94 South Ramp.
Commissioner Strand moved the Categorical Exclusion for Improvement District No. PR-17-B1 be approved.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn. The motion was declared carried.

P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-13 (College 2nd Addition):
Adopt Resolution Creating Improvement District No. AN-17-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. AN-17-B in the City of Fargo, North Dakota, be created
From 8th to 10th Avenue North between 28th and 29th Street North
COMPRISING
Lots 1 through 28, Block 20 All in College 2nd Addition.
All of the foregoing is located in the City of Fargo, Cass County, North Dakota
NOW, THEREFORE, BE IT RESOLVED, That P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-B in the City of Fargo, North Dakota, be and the same is hereby created.
Request Report and Estimate of Cost From the City Engineer for Improvement District No. AN-17-B
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. AN-17-B 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 $134,000.00.)
Order Plans and Specifications for Improvement District No. AN-17-B:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. AN-17-B in the City of Fargo, North Dakota

Adopt Resolution Approving Plans and Specifications and Engineer’s Report for Improvement District No. AN-17-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. AN-17-B in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and
Specifications and Engineer's Report for the construction of Improvement District No. AN-17-B 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 P.C. Concrete Alley Paving and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-B in the City of Fargo, North Dakota, according to the Engineer's Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed P.C. Concrete Alley Paving and Incidentals must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.
Direct City Auditor’s Office to Call for Bids for Improvement District No. AN-17-B.
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. AN-17-B in the City of Fargo, North Dakota.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn. The motion was declared carried.]

Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Paving, Street Lighting and Incidentals Improvement District No. BN-17-B (various locations in North Fargo):
Commissioner Strand moved the following action be taken in connection with Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Paving, Street Lighting and Incidentals Improvement District No. BN-17-B:
Adopt Resolution Creating Improvement District No. BN-17-B
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BN-17-B in the City of Fargo, North Dakota, be created
On 19th Avenue North from 45th Street North to 950' west of Interstate 29 South Bound On Ramp.
On 45th Street North from 16th Avenue North to 970' north of 19th Avenue North.
COMPRISING:
Lots 1 through 3, Inclusive, Block 1.
All in North Dakota Horsepark Addition
Lots 3 and 4, Block 1
All in Northern Sheyenne Land Addition

Lots 1 through 7, Block 1. Lots 1 through 3, Block 2. All in Northern Sheyenne Land 2nd Addition
Lots 1 through 3, Block 1 .
All in Sheyenne Industrial Center 2nd Addition

Lots 3 and 4, Block 1.
All in TECTON - GPK Addition.

Lots 13 and 14.
All in Hector's Subdivision

Lot 1, Block 1. All in AES Livestock Management Addition
Lot 1, Block 1.
All in Mid America Steel Addition.
Lot 1 , Block 1.
All in Phoenix Addition

Lots 1 and 2, Block 1 .
All in NDSU West Addition
All of the unplatted land in the unplatted Northside Annexation in Section 27, Township 140 North, Range 49 West.
All of the unplatted land in the 2015 Annexation in Section 27, Township 140 North, Range 49 West.
All of the unplatted land in the 2016 Annexation in the South 1/2 of Section 28, Township 140 North, Range 49 West.
All of the foregoing is located in the City of Fargo, Cass County, North Dakota

NOW, THEREFORE, BE IT RESOLVED, That Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Paving, Street Lighting and Incidentals Improvement District No. BN-17-B 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-17-B:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-17-B 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 $8,201,356.00.)
Order Plans and Specifications for Improvement District No. BN-1 7-B:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BN-17-B in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-17-B
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-17-B 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-17-B 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 Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Paving, Street Lighting and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Paving, Street Lighting and Incidentals Improvement District No. BN-17-B 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 Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Paving, Street Lighting and Incidentals improvement is to be paid from Wastewater Sales Tax and approximately 97% 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 Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Street Lighting and Incidentals 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-17-B.
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BN-17-B in the City of Fargo, North Dakota.

Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn. The motion was declared carried.
Water Main Replacement. Force Main Construction, Street Reconstruction and Incidentals Improvement District No. BR-17-C (Main Avenue from 2nd Street to 4th Street and 4th Street South from Main Avenue to 2nd Street South):
Commissioner Strand moved the following action be taken in connection with Water Main Replacement, Force Main Construction, Street Reconstruction and Incidentals Improvement District No. BR-17-C:
Adopt Resolution Creating Improvement District No. BR-17-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BR-17-C in the
City of Fargo, North Dakota, be created
On Main Avenue from 2nd Street to 4th Street.
On 4th Street South from Main Avenue to 2nd Street South.
COMPRISING
An area bound on the north by Main Avenue, bound on the south by Interstate 94, bound on the west by 18th Street South, and bound on the east by the Red River on the North.
Areas included outside the boundary as follows

Block 1 .
All in North Dakota Urban Renewal 2nd Addition
Lots 1 through 3, Inclusive, Block 1 .
Lots 1 through 9, Inclusive, Block 3.
Lots 1 through 13, Inclusive, Block 5
Lots 1 through 18, Inclusive, Block 7 Lots 1 through 25, Inclusive, Block 9 All in Arneson's Addition.
Lots 1 through 42, Inclusive, Block 1 All in Amerland's Addition.
Lots 1 through 6, Inclusive, Block 12.
Lots 1 through 12, Inclusive, Block 13.
Lots 1 through 12, Inclusive, Block 14. Lots 1 through 12, Inclusive, Block 15.
Lots 1 through 6, Inclusive, Block 20.
Lots 1 through 6, Inclusive, Block A.
All in Egbert O'Neil and Haggart's Subdivision

Lots 1 through 4, 5A, 5B, 6A, 6B, 7A, 7B, 8A, 8B, Inclusive, Block 16
Lots 1 through 5, 6A, 6B, 7A, 7B, 8 through 12, Inclusive, Block 17
Lots 1 through 5, 6A, 6B, 7A, 7B, 8 through 12, Inclusive, Block 18
Lots 1 through 5, 6A, 6B, 7A, 7B, 8 through 12, Inclusive, Block 19
Lots l , 2A, 2B 3A, 3B, 4 through 6, Inclusive, Block 21
Lots IA, 1B, 2 through 5, 6A, 6B, 7A, 7B, 8 through 1 1 , 12A, 12B, Inclusive} Block 22.
Lots 1 through 5, 6A, 6B, 7A, 7B, 8 through 11, 12A, 12B, Inclusive, Block 23. Lots IA, 1B, 2 through 5, 6A, 6B, 7A, 7B, 8 through 11 , 12A, 12B, Inclusive, Block 24.
Lots IA, 1B, 2, 3 and 6, Inclusive, Block 25.
Lots IA, 1B, 2 through 5, 6A, 6B, -IA, 7B, 8 through 13, Inclusive, Block 26.
Lots IA, 1B, 2 through 13, Inclusive, Block 27.
Lots 1 through 13, Inclusive, Block 28.
Lots 1 through 6, Inclusive, Block 29.
Lots 1 through 14, Inclusive, Block 30. Lots 1 through 14, Inclusive, Block 31. Lots 1 through 14, Inclusive, Block 32.
All in Plat of South Half of Egbert, O'Neil and Haggart Subdivision and Adjacent Ways.
Lots 1 and 2, Inclusive, Block 1
All in Norwig Addition.

Lots 1 through 15, Inclusive, Block 1 Lots 1 through 12, Inclusive, Block 2 Lots 1 through 18, Inclusive, 3 Lots 1 through 22, Inclusive, Block 4
Lots 1 through 22, Inclusive, Block 5 Lots 1 through 18, Inclusive, Block 6 Lots 1 through 6, Inclusive, Block 7.
Lots 1 through 6, Inclusive, Block 8.
Lots 1 through 7, Inclusive, Block 9.
Lots 1 through 7, Inclusive, Block 10 All in Meehan's Addition.
Lots 1 through 60, Inclusive, Block 1 Lots 1 through 3, Inclusive, Block 2.
Lots 1 through 3, Inclusive, Block 3.
Lots 1 through 27, Inclusive, Block 4 Lots 1 through 26, Inclusive, Block 5.
Lots 1 through 26, Inclusive, Block 6. Lots 1 through 26, Inclusive, Block 7.
Lots 1 through 26, Inclusive, Block 8.
Lots 1 through 16, Inclusive, Block 9.
Lots 1 through 26, Inclusive, Block 10 Lots 1 through 29, Inclusive, Block 11.
Lots 1 through 6, Inclusive, Block 12. All in Hilleboe Terrace Addition.
Lots 1 through 15, Inclusive, Block 13. A replat of Block 13, Hilleboe Terrace Addition.
Lots 1 through 12, Inclusive,
Block 1. Lots 1 through 12, Inclusive, Block 2, All in Laurie's Subdivision.
Lots 8 and 9, Inclusive, Block 1
All in Green Acres Addition.

Lots 1 through 8, Inclusive, Block 1 Lots 1 through 8, Inclusive, Block 2.
All in Hilleboe 1st Addition.
Lots 1 through 20, Inclusive, Block 3.
All in the Replat of Block 3, Hilleboe 1st Addition Lots 1 through 9, Inclusive, Block 4. Lots 1 through 9, Inclusive, Block 5.
All in Harold Johnson's Second Addition.
Lots 1 through 30, Inclusive, Block 1.
Block 2.
Lots 1 through 9, Inclusive, Block 4.
Lots 1 through 32, Inclusive, Block 5.
All in Sally Hilleboe Subdivision, Lot 1.
All in Gronke's Subdivision

Lots 1 and 2, Inclusive, Block 1.
Lots 1 through 3, Inclusive, Block 2 All in Fargo South Addition.
Lots 1 through 3, Inclusive, Block 1
Lots 1 through 16, Inclusive, Block 2. Lots 1 through 17, Inclusive, Block 3.
All in Harold A. Johnson Third Addition

Lots 1 through 19, Inclusive, Block 1
Lots 1 through 12, Inclusive, Block 2. Lots 1 through 17, Inclusive, Block 3.
All in Replat of Harold A. Johnson's First Addition

Lots 1 through 3, Inclusive, Block 1.
All in Old Oak Second Addition.

Lot 1, Inclusive, Block 1
All in Oak Court Addition

Lots 3 and 4, Inclusive, Block 1.
All in the Replat of Mjelde Addition

Lots 1 and 2, Inclusive, Block 1
Lot 1, Inclusive, Block 2.
All in Oak Manor First Addition.

Lot 1, Inclusive, Block 1.
All in Oak Manor Second Addition
Lots 1 through 24, Inclusive, Block 7.
Lots 1 through 27, Inclusive, Block 8.
All in Harry A. Schnell Second Addition

Lot 1, Inclusive, Block 1
All in Brandy's Addition

Lots 1 through 8, Inclusive, Block 1
All in Thoms Addition.

Lots 15 through 18, Inclusive, Block 1 Lots 14 through 17, Inclusive, Block 2 Lots 14 through 17, Inclusive, Block 3
All in Schonberg's Addition.

All of the unplatted land laying in Section 7, Township 139, Range 48 south of the BNSF Railroad KO Line (just north of Main Avenue).
All of the unplatted land laying in Section 18, Township 139, Range 48.
All of the unplatted land laying in Section 13, Township 139, Range 49.
All of the unplatted land laying in the northwest quarter of Section 19, Township 139, Range 48 north of 21st Avenue South.
All of the foregoing is located in the City of Fargo, Cass County, North Dakota.

NOW, THEREFORE, BE IT RESOLVED, That Water Main
Replacement, Force Main Construction, Street Reconstruction and Incidentals Improvement District No. BR-17-C in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. BR-17-C:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BR-17-C in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $2,528,058.00.)
Order Plans and Specifications for Improvement District No. BR-17-C
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BR-17-C in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BR-17-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BR-17-C in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and
Specifications and Engineer's Report for the construction of Improvement District No. BR-17-C in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Water Main Replacement, Force Main Construction, Street Reconstruction and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Water Main Replacement, Force Main Construction, Street Reconstruction and Incidentals
Improvement District No. BR-17-C in the City of Fargo, North Dakota, according to the Engineer's Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said Water Main Replacement, Force Main Construction, Street Reconstruction and Incidentals improvement is to be paid from Infrastructure Sales Tax, and approximately 52% 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 Water Main Replacement, Force Main Construction, Street Reconstruction and Incidentals 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. BR-17-C:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BR-17-C in the City of Fargo, North Dakota.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg,
Gehrig and Mahoney voted aye
Absent and not voting: Commissioner Piepkorn. The motion was declared carried

Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17 C (various locations in South Fargo):
Commissioner Strand moved the following action be taken in connection with
Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-J:
Adopt Resolution Creating Improvement District No. BR-17-J:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BR-17-J in the City of Fargo, North Dakota, be created
Along 22nd and 23rd Avenue South from 5th Street to 6th Street and along 6th Street South from 22nd Avenue South to 24th Avenue South.

COMPRISING
Lots 9 through 16, Inclusive, Block 1 Lots 1 through 14, Inclusive, Block 2 All platted within Thorns Addition.
Lots 1 through 5, Inclusive, Block 1
Lots 9 through 11, Inclusive, Block 1.
Lots 1 through 4, Inclusive, and the east portion of Lot 5, Block 2
All platted within Country Club Addition.

The east 222.55 feet of the unplatted land in the NW 1/4 of Section 19, T139N, R48W bounded on the north by 21st Avenue South; the west by 9th Street South; the east by 6th Street South; and the south by Block 2, Country Club Addition.
All of the foregoing is located in the City of Fargo, Cass County, North Dakota
NOW, THEREFORE, BE IT RESOLVED, That Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-J 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. BR-17-J:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BR-17-J 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 $1,232,860.00

Order Plans and Specifications for Improvement District No. BR-17-J:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BR-17-J in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BR-17-J:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BR-17-J 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. BR-17-J 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 Water Main Replacement, Force Main Construction. Street Reconstruction and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-J 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 Water Main Replacement, Street Reconstruction and Incidentals improvement is to be paid from Street Sales Tax Funds, and approximately 52% 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 Water Main Replacement, Street Reconstruction and Incidentals 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 BR-17-J:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BR-17-J in the City of Fargo, North Dakota.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn. The motion was declared carried.

Asphalt Wear Course and Incidentals Improvement District No. PN-17-A (Various Locations in South Fargo):
Commissioner Strand moved the following action be taken in connection with Asphalt Wear Course and Incidentals Improvement District No. PN-17-A:
Adopt Resolution Creating Improvement District No. PN-17-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. PN-17-A in the City of Fargo, North Dakota, be created

LOCATION (Section 1).
On 15th Avenue South from 42nd Street South to 45th Street South.
On 44th Street South from 15th Avenue South to 17th Avenue South

LOCATION (Section 2):
On 34th Avenue South from 47th Street South to 50th Street South.
On Chelsea Lane South from 47th Street South to 50th Street South.
On 35th Avenue South from 47th Street South to 50th Street South.
On Spencer Lane South from 47th Street South to 50th Street South.
On 36th Avenue South from 45th Street South to 47th Street South.
On 47th Street South from 33rd Avenue South to 36th Avenue South.
On 49th Street South from 33rd Avenue South to 145' south of Spencer Lane South.
On 50th Street South from 34th Avenue South to Spencer Lane South

LOCATION (Section 3):
On Douglas Drive South.
On Rose Creek Parkway South from 25th Street South to Drain #53
LOCATION (Section 4):
On 58th Court South.
On 35th Street South from Maple Valley Drive South to 60th Avenue South.
On Maple Valley Drive South from Autumn Drive South to 35th Street South.
On Autumn Drive South from 60th Avenue South to 400' south of Maple Valley Drive South.
On 60th Avenue South from 36th Street South to Maple Valley Drive South. On 62nd Avenue South east of Maple Valley Drive South.
COMPRISING (Section 1):
Lots 7 and 8, Block 1.
Lots 1 and 2, Block 2.
All in West Acres 2nd Addition

Replat of Block 4.
Lots 5 through 8, Block 5.
Lots 1 through 18, Block 7.
Lots 1, 6 through 9 and 14, Block 8 Lots 2 through 4, Block 9.
All in Rabanus Addition.

Lots I and 2, Block 1, TSPA Addition.
Lots 1 through 5, Block 1 , Hinks Addition.
Lot 2, Block 1, William A. Schlossman Addition.
Lot 1, Block 1 , Concierge Southwest 2nd Addition.
Lots 1 and 5, Block 1, Capital Square Addition.
Lots 1 through 3, Block 1 , Capital Square 2nd Addition

COMPRISING (Section 2):
Lots 1 through 12, Block 6.
Lots 1 through 24, Block 7.
Lots 1 through 24, Block 8.
Lots 1 through 24, Block 9.
Lots 1 through 12, Block 10.
Lots 1 through 14, Block 1 1 .
Lots 1 through 14, Block 12.
Lots 1 through 12, Block 13.
Lots 1 through 27, Block 14.
All in Brandt Crossing 1st Addition

Lots 1, 2, 3, 7, 8, 9, 10 and 11, Block 1, Brandt Crossing 2nd Addition.
Lots 1 through 17, Block 1, Brandt Crossing 3rd Addition
Lots 1 and 2, Block 1, Sincebaugh 2nd Addition.
COMPRISING (Section 3): Lots 1 through 14, Block 2.
Lots 1 through 7, Block 3.
All in Coulee's Crossing Addition.

Lots 1 through 6, Block 1, Coulee's Crossing 3rd Addition
Lots 10 through 13, Block 1, Coulee's Crossing Court Addition

COMPRISING (Section 4):
Lots 23 through 71, Block 1.
Lots 1 through 10, Block 2. Lots 1 through 22, Block 3.
Lots 1 through 19, Block 4.
Lots 1 through 40, Block 5.
Lots 1 through 21, Block 6.
Lots 23 through 36, Block 6.
Lots 2 through 48, Block 8.
All in Maple Valley Addition.
All of the foregoing is located in the City of Fargo, Cass County, North Dakota

NOW, THEREFORE, BE IT RESOLVED, That Asphalt Wear Course and Incidentals Improvement District No. PN-17-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. PN-17-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PN-17-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 $1,307,600.00.

Order Plans and Specifications for Improvement District No. PN-17-A:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. PN-17-A in the City of Fargo, North Dakota:
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. PN-17-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. PN-17-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. PN-17-A in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.
Adopt Resolution Declaring Asphalt Wear Course and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Asphalt Wear Course and Incidentals Improvement District No. PN-17-A in the City of Fargo, North Dakota, according to the Engineer's Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Asphalt Wear Course and Incidentals 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 Citv Auditor's Office to Call for Bids for Improvement District No. PN-17-A:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. PN-17-A in the City of Fargo, North Dakota.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn. The motion was declared carried.

Contract for Force Main Construction, Sanitary Sewer Rehabilitation, Street Reconstruction and Incidentals Improvement District No. BR-17-AI Approved:
Commissioner Strand moved approval of the Contract between the City of
Fargo and Master Construction Company, Inc. for Force Main Construction, Sanitary Sewer Rehabilitation, Street Reconstruction and Incidentals Improvement District No. BR-17-AI in the City of Fargo, North Dakota.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn. The motion was declared carried.

Contract Bond for Force Main Construction, Sanitary Sewer Rehabilitation. Street Reconstruction and Incidentals Improvement District No. BR-17-A1 Approved:
Commissioner Strand moved approval of the following described Contract Bond as to sufficiency:
Western Surety Company, in the amount of $2,846,155.75, for Force Main Construction, Sanitary Sewer Rehabilitation, Street Reconstruction and Incidentals Improvement District No. BR-17-A1 in the City of Fargo, North Dakota.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn. The motion was declared carried.

Contract for Street Lighting and Incidentals Improvement District No. SL-16-B1 Approved:
Commissioner Strand moved approval of the Contract between the City of Fargo and Strata Corporation for Street Lighting and Incidentals Improvement District No. SL-16-B1 in the City of Fargo, North Dakota.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn. The motion was declared carried.

Contract Bond for Street Lighting and Incidentals Improvement District No. SL-16-B1 Approved:
Commissioner Strand moved approval of the following described Contract Bond as to sufficiency:
Western Surety Company, in the amount of $617,090.40, for Street Lighting and Incidentals Improvement District No. SL-16-B1 in the City of Fargo, North Dakota.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn. The motion was declared carried.

Request to the Commission to Conduct a Study on Alternative Options on Main Avenue:
Joe Burgum, 514 10th Avenue South, said he hosts a monthly meeting with business owners and homeowners to discuss urban design and many of them did not know Main Avenue was going to be redesigned. He said it is effective to understand the implication of roads and the fiduciary responsibility of Commissioners when it comes to spending infrastructure dollars and the design of a road will affect businesses. He said on Main Avenue and Broadway, the most historically important intersection in Downtown Fargo, there are two surface parking lots, both of which are owned by public entities and are not paying property taxes. He said the surface parking lots, about 10 acres worth between the Red River and 10th Street South, will stay surface parking lots unless there is a place for on-street parking. He said on-street parking and slower speeds will allow for a new type of development to occur. He said this will not happen overnight, this is a 30-year bet on how to design Main Avenue different and one that is historically important. He also said to consider how private development will occur based on public infrastructure, which comes back to design. He said he wants the City to consider the three-lane option due to the fact it will have an economic impact. He said it is not just about cars, it is about the value of land, the value of businesses and the future private development along the corridor. He said if the City wants a five-lane highway running through the heart of town, the City is going to get the development seen along a five-lane highway.

In response to a question from Commissioner Strand about adding bicycle lanes and pedestrian walkways, Mr. Burgum said as he thinks about the road network downtown, in particular NP Avenue and 1st Avenue North, which would be the roads to consider for bicycles. He said Main Avenue is tight and would not be the best place for bike lanes and should be designed for more walking.

Transportation Division Engineer Jeremy Gorden said as federal projects get into gear, the North Dakota Department of Transportation in Bismarck holds meetings and at a recent meeting, the DOT went through the alternatives selected to date for the Main Avenue project. He said it was suggested that the three-lane alternative be considered and added to the environmental documents. He said he wants all of the options flushed out, if a road is going to be done, engineers may as well look at all options so there are more choices to be presented to the Commission for a decision. He said his staff look at all of the details, the pros and cons, and came to the Commission for a decision.
In response to a question from Commissioner Grindberg as to key dates and timelines for federal funding and does this addition to the study alter the timeline, Mr. Gorden said the study will add six to eight weeks to the timeline and a decision on what to build should be made late summer. He said if Engineering can get it done and bid, the project will be done in 2018.

In response to a question from Commissioner Grindberg as to if Minnesota has a say in the design, Mr. Gorden said Minnesota does have a say. He said a three-lane option cannot handle what is out there today. He said MetroCOG will have to dig a bit more into it to find out the impacts to NP Avenue and 1st Avenue. He said the project will cost $12 million to $13 million and for that much money, all of the studies should be done. He said the first public input meeting about the Main Avenue project will be on April 25th.

In response to a question from Commissioner Strand about how far the three-lanes will go, Mr. Gorden said that is up in the air; however, it would mainly be downtown and the lanes should go wider to the west.
Don Goldammer, 714 Main Avenue, said he and his wife, Hope, own and lease retail spaces on 8th Street and Main Avenue. He said they moved to Fargo in 2013 and there was a lot of lease space open and they saw potential. He said the numbers and goals of getting a certain traffic count through downtown is critical; however, it is just as import to support and maintain downtown business to create a walkable, safe place for their customers. He said he would like to set aside time for building and business owners to meet privately with City officials about what they feel is important.

Mr. Gorden said Engineering does not look at economic analysis and that would be something new to their line of work.

Purchase Agreement with Timothy F. Corwin for Property at 707 Harwood Drive South Approved:
Commissioner Gehrig moved the purchase of the property located at 707 Harwood Drive South from Timothy F. Corwin in association with Project No. MS-15-KO be approved and the Mayor and City Auditor execute the Purchase Agreement and Occupancy Agreement on behalf of the City of Fargo.
Second by Strand. On call of the roll Commissioners Gehrig, Strand and Mahoney voted aye.
Commissioner Grindberg voted nay.
Absent and not voting: Commissioner Piepkorn. The motion was declared carried.

Text Amendment to Amend Sections within Chapter 20 of the Fargo Municipal Code (Land Development Code) Approved:
A Hearing had been held by the Fargo Planning Commission on March 7, 2017 for the purpose of considering a request for a Text Amendment to Amend Sections within Chapter 20 of the Fargo Municipal Code (Land Development Code) relating to the regulation of chickens and the Fargo Planning Commission at such Hearing recommended to the Board of City Commissioners that the request be approved.
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.

Kim Lipetzky, Fargo Cass Public Health, said there is a national trend to increase production and consumption of locally grown food. She said there are other benefits to keeping chickens other than providing food. She said it teaches children about nature and agriculture, chickens make good pets, it reduces food waste due to the fact that chickens consume food scraps and composted chicken manure makes good fertilizer. She said many cities in the Midwest are considering chicken keeping. She said the key to success is to build stipulations into the ordinance to help alleviate concerns such as the exclusion of roosters, limiting the number of birds and so forth. She said cities that have enacted chicken-keeping ordinances have received very few complaints once an ordinance is enacted. She said the issue was first brought up in Fargo a number of years ago, and in 2015 the Cass-Clay Food Commission was formed to look into urban agriculture issues. The Commission, she said, developed a blueprint on backyard chicken keeping due to the fact that there is a lot of confusion and conflicting parts of the municipal and land development codes. She said some people in Fargo are worried about it, some people in Fargo already have chickens and some people are waiting before doing it to see what the ordinance is. She said meetings were held with different City departments, there was public input through online comments and a call-in as well as an open house. She said with all of this information, the Health Department tried to draft an ordinance that defines parameters but is not too strict.

City Attorney Erik Johnson said the City will start with a modest foray into chicken keeping. He said there will be a maximum of four chickens, roosters will not be allowed and chickens must be confined to a coop and a chicken run. He said there are dimensions associated with the coop which must be in a back yard. He said chickens cannot run at-large and due to health regulations, the coop cannot be in an attached structure, such as to a garage. He said a coop can be attached to a detached garage and there is a height limitation that is in line with the fence height regulation. He said no slaughter or breeding is allowed, and persons currently and in the future who are keeping chickens will need a permit. He said zoning law amendments are being made to allow things to become more cohesive. He said a required permit will be a way the City will know who to contact if there is a problem. He said the application fee will come to the Commission as a resolution and the annual permit fee will be $15.00 or $20.00. He said when applying for a permit, a scale diagram will be required and the coop will have to be inspected before the permit is issued.
Trisha Ruppert, 3044 18th Street South, said she would like to see the height restrictions of the chicken coop raised. She said because of the northern climate, in order for her to overwinter her chickens she needs her coop to be double-wall constructed to insulate it and to clean it out in the winter. She said what is the cleanest and what keeps odor down is for her to be able to walk into the coop. In smaller coops, she said, with a feeder, water and nesting boxes, if it is only six feet, she would have to draft-proof the entire coop, which creates humidity and humidity makes the birds sick. She said she would like the ordinance to keep the minimum requirement for outbuildings; however, make a maximum to what is already existing in the current code. She said the number of birds is also difficult due to the fact they are only sold in sets of six.
Anna Royce, 1626 West Gateway Circle South, said she has had chickens for four years and is concerned about the number of chickens allowed. She said she currently has five or six, so she would have to execute her extra hens. She said her only other concern is the cost of the permit and hopes the City will keep it reasonable as permits for dogs and cats are only $5.00.

In response to a question from Commissioner Strand if the ordinance is etched in stone or is it possible to go to six hens versus four and to make the coops larger to accommodate their needs, Commissioner Grindberg said he supports City staff recommendations.

Commissioner Gehrig said a lot of work has gone into this amendment, it is a foot in the door and the City will start small and then reasonable changes could be made as time goes on.

Commissioner Gehrig moved the request be approved on the basis the proposed Text Amendment complies with Section 20-0904.E (1-3) of the Land Development Code.
Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn. The motion was declared carried.

First Reading of an Ordinance Amending Sections 12-0202. 12-0203 12-0302 12-0303. 12-0305 and Enacting Sections 12-0306 Through 12-0316 of Articles 12-02 and 12-03 of Chanter 12 the Fargo Municipal Code Relating to Domestic Fowl Wild Birds and Pets and Amending Sections 20-0403 and 20-1203 of the Land Redevelopment Code Relating to Keeping of Chickens as an Accessory Use to Household Living:
Commissioner Gehrig moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Amending Sections 12-0202, 12-0203, 12-0302, 12-0303, 12-0305 and Enacting Sections 12-0306 Through 12-0316 of Articles 12-02 and 12-03 of Chapter 12 the Fargo Municipal Code Relating to Domestic Fowl, Wild Birds and Pets and Amending Sections 20-0403 and 20-1203 of the Land Redevelopment Code Relating to Keeping of Chickens as an Accessory Use to Household Living be placed on first reading.
Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn. The motion was declared carried.

Text Amendment to Amend Section 20-0501 and Table 20-0501 Residential District Standards: and Section 20-0403.B.7 Building Coverage of the Fargo Municipal Code (Land Development Code) Approved:
A Hearing had been held by the Fargo Planning Commission on March 7, 2017 for the purpose of considering a request for a Text Amendment to Amend Section 20-0501 and Table 20-0501 Residential District Standards; and Section 20-0403.B.7 Building Coverage of the Fargo Municipal Code (Land Development Code) and the Fargo Planning Commission at such Hearing recommended to the Board of City Commissioners that the request be approved.

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.

Planning Administrator Nicole Crutchfield said this issue was in front of the Commission as a White Paper draft in February 2017. She said the Planning Department worked with the City Attorney, the Planning Commission and others to make some minor edits to the code relating to accessory structures, building coverage and interior site setbacks. It is mainly variance issues related to single-family housing, she said.

In response to a question from Mayor Mahoney on what this means to the general public, Ms. Crutchfield said the code will reduce the side setback for SR-2 and SR-3 zoning districts to a minimum of five feet, there will be building coverage increases and it increases the minimum size of a garage to accommodate two-stall garages. She said in many older neighborhoods, there are single-stall detached garages and in the downtown zones these changes will allow for a little more flexibility.

Commissioner Strand said the issue has been setbacks and accessory buildings; however, the most pressing issue in the core neighborhoods is the loss of single-family homes. He said he implores the Commission to listen to neighborhoods at risk where they are losing blocks at a time.

Ms. Crutchfield said this is just the first of many steps of working in the zoning districts to accommodate more flexibility. She said what Planning heard loud and clear as part of this process, which had a committee that included members from Historic Preservation, the Board of Adjustment and others, was the need for a balancing of priorities. She said as families grow, they want to modernize their houses; however, due to existing codes that do not allow them to expand or adapt their garages, they choose to sell their house and move to a newer part of the city and a more modern house. She said there have been many variances brought to the Commission where a homeowner needed just a few inches to attach a staircase to a garage. She said these amendments will try to minimize those cases and accommodate that flexibility.

Commissioner Grindberg moved the request be approved on the basis the proposed Text Amendment complies with Section 20-0904.E (1-3) of the Land Development Code.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn. The motion was declared carried.

First Reading of an Ordinance Amending Section 20-0403(B.7) of Article 20-04 and Sections 20-0501 and Table 20-0501 of Article 20-05 of Chapter 20 of the Fargo Municipal Code (Land Development Code):
Commissioner Grindberg moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived; and the Ordinance Amending Section 20-0403(b.7) of Article 20-04 and Sections 20-0501 and Table 20-0501 of Article 20-05 of Chapter 20 of the Fargo Municipal Code (Land Development Code) be placed on first reading.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn. The motion was declared carried.

Chandler's Broadway Addition Rezoned (1600 Block between 12th Street North and University Drive North):
At a Hearing held on March 7, 2017 the Fargo Planning Commission recommended approval of a change in zoning from SR-3, Single-Dwelling Residential and MR-2, Multi-Dwelling Residential, to MR-3, Multi-Dwelling Residential, with a PI-JD, Planned Unit Development Overlay, and a PUD Master Land Use Plan of Lots 1-9, 1 1 and 14-24, Block 8, Chandler's Broadway Addition, referenced in a previous public notice as the proposed North Dakota State University Foundation Addition.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Planning Administrator Nicole Crutchfield the subdivision will come before City Commission on May 8th and the application is a combined effort with PROffut LP and the NDSU Development Foundation and the intent is to allow for a mixed-use multi-story building with 109 dwelling units and 4,000 square feet of commercial space. The applicant owns all of the parcels except for one lot. She said there is a letter from that property owner who asks for some modifications and the Foundation did have a public process, which included public outreach to the neighborhood and a Request for Quotes (RFQ) process to select a developer. The feedback from residents in the neighborhood, she said, included moving the buildings closer to University Drive and to have parking as a buffer. She said the applicant has looked at doing a wall rather than landscaping and other design considerations. Residential protection standards require height limitations based on single-family housing proximity, she said; however, the developer is asking for a waiver to increase height limitations to allow for four stories rather than three stories. She said the plat is not in front of the Commission tonight due to the fact the owners are working on a development agreement with the City in order to coordinate street and tree protection as it relates to eliminating utilities that service each of the lots and also to guarantee access to the private property owner. She said the letter from the property owner is asking for access to 12th Street North be removed from the PUD and to look at access as part of the zoning. She said Planning and Engineering staff do not have a particular opinion about this access, but understand the concerns about added traffic. She said the PUD is a tool for customized zoning and in this case, the developer is asking to increase density from 24 units per acre to 32, reduce the minimum setback to 10 feet, reduce street sign setback to 10 feet and reduce open space to 20 percent. She said parking and traffic studies have been done and there are several bus routes serving this property.

Anthony Wiese, 1633 12th Street North, said he lives across the street from the proposed rezoning and apartment building. He said if the rezoning is approved he asks that it be done so with the condition that the access point on 12th Street North be eliminated. He said the access point on 12th Street North is directly across from his house, which would bring an increase of noise and traffic. In addition, he said, the landscaping berm in the plans would be helpful for the current neighborhood and homeowners to reduce noise, headlights, foot traffic and parking issues along 12th Street North. He said he would like these conditions be made mandatory if the project is approved.

Ken Enockson, 1202 8th Street North, said the development is outside the Roosevelt neighborhood; however, residents in the Roosevelt neighborhood have concerns about the trend in the number of properties the Alumni Association and other developers have purchased. He said the development is impressive and better than some of the other proposals brought forward. He said the Foundation did work with the neighborhood to keep them informed; however, there was not a lot of back and forth as far as seeking their input. He said the neighborhood would like to have more of a voice. He said the clear-cutting of entire blocks is an alarming trend and since the Foundation owns a significant amount of property, there will be more of this. He said the large numbers of single-family houses being eliminated practically overnight and replaced with five-story buildings is an area of concern.

Jonathan Olafson, Fargo, said there are 109 units in the project which equals 364 bedrooms; however, there are only 243 parking spots. He said he was told the developer would rent parking spots from the FARGODOME. He said other housing buildings in the area and the SHAC also rent at the FARGODOME and in the winter, there are large piles of snow in the southeast corner of the FARGODOME lot. He said the area is running out of parking lots. He lives near this property, he said, and even in a single-family home, there are eight cars in the driveway. He said parking is an issue and suggested if this project is approved, no parking on the streets and avenues should be allowed.

Dan Johnston, 1410 9th Street North, said he is opposed to any more single-family homes being demolished for the building of multi-level slums of the future. He said Fargo already has one of the lowest single-family home ownership levels in the nation. He said if a developer acquires properties in a single-family housing area, the developer should redevelop it the same as it is currently zoned. He said he has pictures of the entire block showing an illegally built fence. He said he is asking the City to put a moratorium on these multi-level, no parking area development systems.

John Glover, President and Chief Executive Officer of the NDSU Foundation and Alumni Association, said the Foundation's mission is to support NDSU and to build relationships to increase the impact of NDSU on the region, state and world. He said the strategy began more than 20 years ago and over the course of time, the objectives have evolved. He said NDSU is important to the economic vitality of the city and state. He said the NDSU president came to the Foundation with a plan to meet goals for housing for students. He said research shows that academic success includes students being on or near campus' and those who are do better in school and graduate in a timely manner. He said since the Foundation began development of this project, the process has been transparent and the process for selecting a developer was competitive and fair. He said it was an inclusive process and the Foundation has had an opportunity to sit down with the City and residents and seek input. He said the Foundation has worked in partnership to develop a project that is reasonable and meets the goals of everyone involved.

In response to a question from Mayor Mahoney about how many of the homes were rentals and how many were single-family owned, Mr. Glover said the Foundation owned 21 of the 22 properties. He said most were single-family owned and year after year since about 1993, the Foundation was steadily acquiring them and using them for rentals. He said three of the homes were slated for demolition due to their deteriorated condition.

Casey Jackson, PROffutt LP, said their study shows the 12th Street North access is not required, it was merely a convenience access and has gone through technical review and once he gets confirmation from the Engineering and Fire Departments, the request to remove it as an access point can be accommodated. He said this was a good process with the Planning Department and the Planning Commission, and the departments did their due diligence. He said a parking study was conducted by a third party consultant and Houston Engineering was also consulted. He said there are other developments adjacent to NDSU that have student-based residents and those developments were used as a measurement to advise on how many parking stalls were needed with this project and he feels PROffutt has exceeded those.

In response to a question from Commissioner Strand regarding what assurances PROffutt had the Commission would approve this project and why has the project already commenced prior to coming before the Commission due to the fact that workers are already in there tearing down things, Mr. Jackson said the activity is reflective of the abatement process. He said the fence was put up for safety reasons. He said once the homes were abandoned, people were breaking into the homes; therefore, a site fence was constructed, which was coordinated with the Engineering Department which gave its approval for the fence and the sidewalk closures.

Mr. Glover said activity done since selecting a developer is due to trying to keep the process moving forward. He said the Foundation has engaged with the City for more than a year and there are hazardous materials in the homes which have to be removed. He said the Foundation was concerned about the safety of the tenants, who were told the homes needed to be vacated by the end of December and he knows there are still hurdles to go through.

In response to a question from Commissioner Strand regarding the fact that the project has not been to the City Commission until now and how can it be justified going forward, Mr. Glover said he knew tonight had to occur; however, with respect to steps taken, there was asbestos removal and deteriorating homes to deal with so they kept moving forward.

Commissioner Strand said it is required that this go through the City Commission to move forward with this project. He said he was stunned to drive by and see fences up and see the project beginning. He said it seems as if it was presupposed and assumed this was a done deal. He said this is the process that concerns him, when there are citizens clamoring for support for their neighborhoods and the process is thrown into the ditch. He said this is not a bad project; however, he is an advocate for the citizens as their elected official and the project commenced before the channels were fulfilled. He said he does not want to use the words brazen or arrogant; however, what if the Commission voted no or something was delayed or if citizens really got the ears of the Commissioners by saying please listen to us?

Mr. Glover said the process was initiated 15 months ago and the Foundation took great care in regards to how it got to this point. He said the Foundation is inclusive, they were not working behind closed doors or in the dark and were abiding by open records and open meeting laws.

Planning Director James Gilmour said the west half of the block is zoned MFR-2 and the east half is zoned SR-3. He said while this project cannot be built until approved by the Commission, the removal and replacement of homes on the west side is permitted. He said the developer has not yet taken out demolition permits, they have been doing asbestos abatement and the Foundation and PROffut gave permission to the Fire Department to do some practice on chopping holes in roofs. He said the developer could not get a permit to build on the site until this fully goes through the City Commission.
In response to a question from Mayor Mahoney as to if the developer could have delayed any of the activity at the site until the meeting tonight and is there anything they have done before getting permission, or are these processes just trying to get ahead of it, Mr. Gilmour said developers can take out demolition permits without City Commission approval so they could clear the entire block without City Commission approval; however, what gets built is what will need Commission approval. He said the issue tonight is just the zoning change and when there is a PI-JD, the Commission actually sees what they are going to get. He said the Planning office worked with the Foundation due to the sensitive nature of the transition between a large university and a single-family neighborhood. He said a PUD is the most acceptable so people know exactly what they are going to get.

Commissioner Grindberg said he disagrees there is a process flaw. He said Planning staff worked diligently, hired consultants and worked 15 to 18 months on this project. He said the only concern is where the city bus route will go and can the route move from 12th Street North to another area when parking is on both sides of the street. He said there has been progress on the Land Development Code and the zoning. He said the Planning Commission came out on this project with a unanimous opinion. He said there is finger-pointing about this project and he does not agree. He said the process is not perfect; however, it is better than it was two years ago. He said the developers can level the lot and clear out the asbestos without the City Commission's approval.

In response to a question from Commissioner Strand about the value of the 21 buildings being lost and what is the lost tax revenue, Mr. Gilmour said the NDSU Foundation does not pay property taxes; however, when PROffut takes the project on there will be value and assessments on the new property, and property taxes will increase from virtually nothing.

In response to a question from Commissioner Strand about the developer asking for tax incentives, Mr. Gilmour said it was indicated to all developers there would be no tax exemptions.

Commissioner Strand moved the discussion be tabled until the May 8th City Commission meeting and handle the decision in concert with the plat subdivision decision.
The motion died for lack of a second.

Commissioner Grindberg offered the following Resolution and moved its adoption, with the following amendments: That the requested access point on 12th Street North not be provided if it does not conform with the current Fire Department code and the landscaping berm be put in place as requested:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.
Second by Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Gehrig and Mahoney voted aye.
Commissioner Strand voted nay.
Absent and not voting: Commissioner Piepkorn. The Resolution was adopted.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Chandler's Broadway Addition, Fargo, Cass County, North Dakota:
Commissioner Grindberg 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 Chandler's Broadway Addition, Fargo, Cass County, North Dakota be placed on first reading.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig and Mahoney voted aye.
Commissioner Strand voted nay.
Absent and not voting: Commissioner Piepkorn. The motion was declared carried.

At 6:30 p.m. the Board book a five-minute recess.
After recess: All Commissioners present except Commissioner Piepkorn Mayor Mahoney presiding.

Renaissance Zone Project for Northland Hospitality LLC at 301 3rd Avenue North Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for Northland Hospitality LLC for a new construction project located at 301 3rd Avenue North.
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 Planning Director James Gilmour stating the Renaissance Zone Project application presented by Northland Hospitality LLC meets all of the minimum criteria set forth in the Renaissance Zone Plan and is consistent with the established goals and objectives. He said the project will be built on the former Howard Johnson Hotel site north of City Hall and the building will be three stories and a mix of one-, two- and three-bedroom units. He said there will be approximately 36 units and at least 63,000 square feet; however, the project could be larger if the developer decides to go to four stories. He said the project meets all state and local requirements, the investment will be at least $10 million and it is recommended the project be approved for a five-year property tax exemption and whatever state income tax exemptions become available.
In response to a question from Commissioner Gehrig as to whether or not the developer would be asking for a Payment in Lieu of Tax Exemption (PILOT), Mr. Gilmour said they have not applied; however, they were contemplating it. He said the project would not be a good fit for a PILOT as there are no benefits for a condo project.

Commissioner Gehrig said he thinks this is a good project and wished it would go without incentives.

Commissioner Grindberg moved the Renaissance Zone application filed by Northland Hospitality LLC for a project located at 301 3rd Avenue North 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 Grindberg, Strand and Mahoney voted aye.
Commissioner Gehrig voted nay.
Absent and not voting: Commissioner Piepkorn. The motion was declared carried.

Resolution Adopted Establishing the Official Truck Route Map (Revised March 2017) (Attachment "B"):
A hearing has been set for this day and hour to receive comments on the
Fargo City Commission adopting the proposed truck routes for the City of Fargo. The Board received a communication from Assistant City Attorney Nancy Morris stating the resolution relates to the establishing of truck routes in the City of Fargo as shown on the Official Truck Route Map (Revised March 2017) which is attached to the Resolution.

Commissioner Gehrig offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO.
WHEREAS, The electorate of the City of Fargo has adopted a Home Rule Charter in accordance with Chapter 40-05.1 of the North Dakota Century Code; and
WHEREAS, Section 40-05.1-06 of the North Dakota Century Code provides that the City shall have the right to implement home rule powers by Ordinance; and
WHEREAS, Article 3(G) of the Home Rule Charter of the City of Fargo, North Dakota grants the City of Fargo power to provide for the adoption, amendment and repeal of Ordinances and Resolutions, and regulations to carry out its governmental and proprietary powers and to provide for public health, safety, morals and welfare, and penalties for a violation thereof; and
WHEREAS, The Board of City Commissioners, Fargo, North Dakota, pursuant to authority granted to it under Home Rule, has adopted and approved an Ordinance to establish such rules and regulations as are necessary to restrict truck and commercial vehicle traffic in the City of Fargo; and
WHEREAS, Section 8-0923 of the Fargo Municipal Code provides that the truck routes shall be established by Resolution of the Board of City Commissioners, after notice and hearing.
NOW, THEREFORE, BE IT RESOLVED, By the Board of City Commissioners of the City of Fargo, North Dakota:
Truck routes in the City of Fargo are established as shown on the Official Truck Route Map (Revised March 2017) attached hereto and incorporated herein.

Second by Grindberg. On the vote being taken on the question of the adoption of the Resolution Commissioners Gehrig, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn. The Resolution was adopted.

Legislative Update:
City Administrator Bruce Grubb said the City is still monitoring the same bills of note and as the session winds down, things will move quickly. He said he is in contact with staff assigned to each of the bills, as well as lobbyists, the League of Cities and the Water Commission.

In response to a question from Mayor Mahoney about HB1361, Finance Director Kent Costin said the bill came out with a do pass of 56-34 with a 3 percent taxation limit. He said the bill crossed over to the Senate and was amended to take away the hard cap and the Senate put a petition process in place that allows voters to petition a City Commission to put it on the vote of the public to establish a cap. He said it also requires a 50 percent majority vote and requires more stringent reporting by county auditors. He said there was a lot of lobbying on this bill and there was such a flurry at the Legislature it was cancelled and sent back to committee. He said the City had concerns with this bill and losing the City's general obligation bonding authority. He said in present law, the City has the authority to issue bonds as a cure and remedy to make the City's bond holders whole. He said Fargo issues a lot of debt and will continue to issue a lot of debt, especially with the Diversion project. There is a process nearing completion with the Diversion, he said, to establish up to a $870 million special assessment district and the issuance of special assessment type bonds, which includes a property tax levy guarantee. He said one concern was the City's taxation system that makes the City's bonds marketable being in jeopardy. He said there was also the potential of lowering the City's credit rating, which has a detrimental impact on people who use bond financing across the state. He said one of outcomes the City is hoping for is an exception to the levy limits and that it would allow the retaining of the general obligation taxing authority, which is critical for the City to borrow at reasonable rates.

In response to a question from Mayor Mahoney as to why the Legislature wants to limit it, Mr. Costin says he thinks it is just an oversight by the legislative process; however, there has been no action taken by the Legislature to cure the flaw. He said the City has pointed this out and to understand the unintended consequences of passing this bill. He said they seem more focused on the 3 percent cap than they do the ability for governments to borrow money.

Commissioner Gehrig moved that the Board adjourn to 5:00 0'clock p.m., Monday, April 24, 2017.
Second by Grindberg. All the Commissioners present voted aye and the motion was declared carried.
The time at adjournment was 6: