Board of City Commissioners

Board of City Commissioners - April 24, 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 24, 2017.

The Commissioners present or absent were as shown following:
Present: Piepkorn, Strand, Mahoney.
Absent: Gehrig, Grindberg.
Mayor Mahoney presiding.

The Mayor read a statement with the following information: Free payment options are available for customers including calling an automated system 24/7 or paying their utility bill online; three firefighters have completed the training academy; Fire Captain Ron Guggisberg, Dr. Katie Lyman and Kassiann Landin, a PhD student from NDSU, won the Research Showcase Award at the College of Human Development and Education Annual Research Day; area libraries selected “Hotel on the Corner of Bitter and Sweet” by Jamie Ford as the 2017 One Book, One Community reading project; the Library welcomes some of the student authors of the recently released book “Green Card Youth Voices: Immigration Stories from a Fargo High School” for a book reading, author presentation and book signing at 7 p.m. on May 3rd at the Downtown Library; Public Works crews have picked up 7,472 pounds of trash from property maintained by Public Works and street sweeping efforts have resulted in almost 2,000 tons of debris removed; Cleanup Week will take place May 1st through May 5th; and Forbes.com has named Fargo one of the 25 Best Places to Retire for the seventh year in a row.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved moving Item Nos. “1a” and “1c” from the Consent Agenda to the end of the Regular Agenda

Second by Strand. All the Commissioners present 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 April 10, 2017 be approved as read.

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

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

1. 2nd reading, waive reading and final adoption of the following Ordinances; 1st reading on 4/10/17:
a. Rezoning Certain Parcels of Land Lying in Chandler’s Broadway Addition, Fargo, Cass County, North Dakota (moved to the end of the Regular Agenda).
b. 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).
c. 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 (moved to the end of the Regular Agenda).
2. Receive and file Year to Date - Budget to Actual Report for March 2017.
3. Applications for Games of Chance:
a. North Dakota CPA Society Foundation for a raffle on 5/23/17.
b. YWCA Cass Clay for a raffle on 5/1/17.
4. Site Authorizations for Games of Chance for Red River Human Services Foundation at The Fargo Elks and The Northern.
5. Agreement for Services with Jeff Knight in the amount of $1,000.00.
6. Resolution Approving Plat of Encore 2nd Addition (Attachment “A”).
7. Bid award to Sanitation Products, Northern Truck Equipment Corporation and Olympic Sales for rear load containers based on availability for the remainder of 2017 (RFP17062).
8. Bid award for temporary (day) labor for the remainder of 2017 at the Solid Waste Department (RFP17092).
9. Bid award to Excavating, Inc. in the amount of $1,200,170.57 for the Cell 14, 16 and 17 Phase II and Partial Closure Construction Project (Project No. SW 17-02).
10. Lawn maintenance service contracts with Glacier Snow Management and Valley Green and Associates for the 2017 mowing season (RFP17063).
11. Bid advertisement for roof replacement on the lime softening water treatment plant (Project No. WA1707).
12. Setback Waiver Request for property at 301 3rd Avenue North, contingent upon a favorable geotechnical report.
13. Professional Engineering Services contract with Ulteig Engineers, Inc. for the 10th Street Reconstruction Project (Project No. BR-18-B0).
14. Amend the 2017 Capital Improvement Plan (CIP) to include Lift Station No. 13 (Project No. FM-15-J).
15. Takeover Agreements for Project Nos. FM-15-F1, FM-15-A1, FM-14-12 and Improvement District Nos. BN-16-G1 and UN-15-M1.
16. Bid advertisement for Project No. FM-15-J.
17. Contracts and bonds for Project Nos. FM-17-A1 and PR-17-C1.
18. Bills in the amount of $5,538,964.96.

Second by Strand. On call of the roll Commissioners Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.

Change Order No. 3 for Improvement District No. BN-16-K1 Approved:
Commissioner Piepkorn moved approval of Change Order No. 3 for an increase of $14,320.00 for Improvement District No. BN-16-K1.

Second by Strand. On call of the roll Commissioners Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.

Contract Amendment No. 5 for Improvement District No. PR-17-A0 Approved:
Commissioner Piepkorn moved approval of Contract Amendment No. 5 for an increase of $60,988.00 for Improvement District No. PR-17-A0.

Second by Strand. On call of the roll Commissioners Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.

Payment for Relocation of Cass County Electric Facilities Approved (Improvement District No. BN-17-A1):
Commissioner Piepkorn moved payment for relocation of Cass County Electric facilities in conflict with the construction of 19th Avenue North between 45th and 57th Streets North for Improvement District No. BN-17-A1 be approved.

Second by Strand. On call of the roll Commissioners Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.

Payment for Relocation of Cass County Electric Facilities Approved (Improvement District No. BN-17-B1):
Commissioner Piepkorn moved payment for relocation of Cass County Electric facilities in conflict with the construction of 19th Avenue North between I-29 and 45th Street North for Improvement District No. BN-17-B1 be approved.

Second by Strand. On call of the roll Commissioners Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.

Addition of an Incentive/Disincentive Clause for Improvement District No. BR-17-E1 Approved (25th Street South between Main Avenue and 2nd Avenue South):
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) regarding a recommendation to add an incentive/disincentive of $5,000.00 per day per phase with a cap of $75,000.00. They said 25th Street is an arterial that carries 17,895 vehicles per day and it is estimated to require a 45-day closure to replace the railroad crossing and the road.
Commissioner Piepkorn moved the incentive/disincentive of $5,000.00/day not to exceed $75,000.00 for Improvement District BR-17-E1 be approved.

Second by Strand. On call of the roll Commissioners Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.

Amendment to the 2017 Capital Improvement Plan to Include the Addition of Improvement District No. AN-17-F Approved (Alley between 3rd and 4th Avenues North and 10th and 11th Streets North):
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) regarding the paving of the alley adjacent to the 300 Lime Development. They said the existing alley was originally paved in 1978 and their request is to remove the asphalt and provide a new concrete alley. The requestor is willing to pay for the design to be completed by a consultant, they said; however, they would like the City to bid and manage the construction efforts and special assess the project. Staff supports the request; however, due to staff limitations the recommendation is that the project be consulted for construction administration and a 4% oversight fee be added to the assessment district to cover the City’s administration of the design, bid and construction process, they said.
Commissioner Piepkorn moved the amendment to the 2017 Capital Improvement Plan to include the addition of Improvement District No. AN-17-F be approved.

Second by Strand. On call of the roll Commissioners Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.

No Protests Received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-17-F1:
The Statutory Resolution of Necessity for the construction of Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-17-F1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on April 3 and 10, 2017 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Piepkorn moved that the Board declare that no protests have been filed to the construction of Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-17-F1.

Second by Strand. On call of the roll Commissioners Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.

Bids Received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-17-F1:
The bids for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-17-F1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., April 19, 2017 and the bids were found to be as follows:

Shermans, LLC West Fargo, ND
Bid: $434,381.40

Northern Improvement Company Fargo, ND
Bid: $447,431.80

Master Construction Company, Inc. Fargo, ND
Bid: $449,354.25

Dakota Underground Company Fargo, ND
Bid: $460,096.04

Border States Paving, Inc. Fargo, ND
Bid: $481,378.20

Fox Underground, Inc. Fargo, ND
Bid: $487,726.00

Sellin Brothers, Inc. Hawley, MN
Bid: $511,599.25

Hough, Inc. Detroit Lakes, MN
Bid: $552,073.22

George E. Haggart, Inc. Fargo, ND
Bid: $577,545.54

Contract for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-17-F1 Awarded to Shermans, LLC in the Amount of $434,381.40:
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-17-F1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received April 19, 2017 for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-17-F1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-17-F1 shows the bid of Shermans, LLC of West Fargo, North Dakota, in the sum of $434,381.40 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 Shermans, LLC in the sum of $434,381.40 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-17-F1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Shermans, LLC for the sum of $434,381.40, 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 Strand. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The Resolution was adopted.

No Protests Received for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-H1:
The Statutory Resolution of Necessity for the construction of Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-H1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on March 20 and 27, 2017 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Piepkorn moved that the Board declare that no protests have been filed to the construction of Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-H1.

Second by Strand. On call of the roll Commissioners Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.

Bids Received for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-H1:
The bids for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-H1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., April 19, 2017 and the bids were found to be as follows:

Master Construction Company, Inc. Fargo, ND
Bid: $330,877.00

Shermans, LLC West Fargo, ND
Bid: $333,018.00

Northern Improvement Company Fargo, ND
Bid: $373,994.45

Dakota Underground Company Fargo, ND
Bid: $404,133.35

Hough, Inc. Detroit Lakes, MN
Bid: $405,230.32

George E. Haggart, Inc. Fargo, ND
Bid: $418,601.75

Contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-H1 Awarded to Master Construction Company, Inc. in the Amount of $330,877.00:
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-H1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received April 19, 2017 for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-H1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-H1 shows the bid of Master Construction Company, Inc. of Fargo, North Dakota, in the sum of $330,877.00 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 Master Construction Company, Inc. in the sum of $330,877.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-H1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Master Construction Company, Inc. for the sum of $330,877.00, 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.

No Protests Received for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-17-H1:
The Statutory Resolution of Necessity for the construction of Asphalt Mill and Overlay and Incidentals Improvement District No. PR-17-H1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on March 20 and 27, 2017 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Piepkorn moved that the Board declare that no protests have been filed to the construction of Asphalt Mill and Overlay and Incidentals Improvement District No. PR-17-H1.

Second by Strand. On call of the roll Commissioners Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.

Bids Received for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-17-H1:
The bids for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-17-H1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., April 19, 2017 and the bids were found to be as follows:

Border States Paving, Inc. Fargo, ND
Bid: $2,992,766.85

Northern Improvement Company Fargo, ND
Bid: $3,094,574.50

FM Asphalt, LLC Moorhead, MN
Bid: $3,156,745.10

Central Specialties, Inc. Alexandria, MN
Bid: $3,308,427.65

Contract for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-17-H1 Awarded to Border States Paving, Inc. in the Amount of $2,992,766.85:
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Asphalt Mill and Overlay and Incidentals Improvement District No. PR-17-H1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received April 19, 2017 for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-17-H1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-17-H1 shows the bid of Border States Paving, Inc. of Fargo, North Dakota, in the sum of $2,992,766.85 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Border States Paving, Inc. in the sum of $2,992,766.85 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-17-H1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Border States Paving, Inc. for the sum of $2,992,766.85, 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.

Street Reconstruction, Railroad Crossing Surface Replacement and Incidentals Improvement District No. BR-17-E (25th Street South from Main Avenue to 2nd Avenue South):
Commissioner Piepkorn moved the following action be taken in connection with Street Reconstruction, Railroad Crossing Surface Replacement and Incidentals Improvement District No. BR-17-E:

Adopt Resolution Creating Improvement District No. BR-17-E:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BR-17-E in the City of Fargo, North Dakota, be created

25th Street South from Main Avenue to 2nd Avenue South including railroad tracks.

COMPRISING:
All property located with the area bordered
On the North by Main Avenue.
On the South by BNSF railroad and 2nd Avenue South.
On the West by 36th Street South.
On the East by 18th Street South.

Lots 1 through 4, Block 2.
Lots 1 through 6, Block 4.
Lots 7 through 12, Block 4.
All in Arneson’s Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Street Reconstruction, Railroad Crossing Surface Replacement and Incidentals Improvement District No. BR-17-E 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-E:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BR-17-E 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 $800,168.62.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BR-17-E:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BR-17-E 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-E in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Street Reconstruction, Railroad Crossing Surface Replacement and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Street Reconstruction, Railroad Crossing Surface Replacement and Incidentals Improvement District No. BR-17-E in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Street Reconstruction Railroad Crossing Surface Replacement and Incidentals must be in writing and must be filed with the City Auditor's Office within Thirty 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-E:
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-E in the City of Fargo, North Dakota.

Second by Strand. On call of the roll Commissioners Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.

Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-L (2nd Avenue North from 130’ West of Broadway through 7th Street North):
Commissioner Piepkorn moved the following action be taken in connection with Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-L:

Adopt Resolution Creating Improvement District No. BR-17-L:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BR-17-L in the City of Fargo, North Dakota, be created

On 2nd Avenue North from 130’ west of Broadway through 7th Street North.

COMPRISING:
Lots A through K and north 5.27’ of Lot L, Block 2, Hagaman’s Subdivision of part of Block 2.
Lot 6, Inclusive, Block 2.
Lots 1 and 8 through 12, Block 3.
Lots 1 through 12 and south 1/2 of vacated 3rd Avenue North adjacent to said lots and all of the vacated alley, Block 4.
Lots 4 through 11, Block 5.
Lots 4 through 7 and all of vacated 7th Street North lying adjacent to said lots, Block 8.
Lots 1 through 3, 10, 11 and part of vacated 8th Street North adjacent to said lots, Block 9.
All in Roberts Addition.

All of the foregoing 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-L 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-L:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BR-17-L 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 $1,568,909.00)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BR-17-L:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BR-17-L 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-L 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, 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-L 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 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, 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-L:
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-L in the City of Fargo, North Dakota.

Second by Strand. On call of the roll Commissioners Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.

Broadway Interceptor Wet Weather Improvements - Phase III Improvement District No. NR-17-B (Various Locations in North and South Fargo):
Commissioner Piepkorn moved the following action be taken in connection with Broadway Interceptor Wet Weather Improvements - Phase III Improvement District No. NR-17-B:

Adopt Resolution Creating Improvement District No. NR-17-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. NR-17-B in the City of Fargo, North Dakota, be created

LOCATION (Section 1):
At the southeast corner of the intersection of 4th Street South and 2nd Street South.

LOCATION (Section 2):
At the northeast corner of the intersection of 3rd Street North and 1st Avenue North.

COMPRISING (Section 1):
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 of 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 1, 2A, 2B, 3A, 3B, 4 through 6, inclusive, Block 21.
Lots 1A, 1B, 2 through 5, 6A, 6B, 7A, 7B, 8 through 11, 12A, 12B, inclusive, Block 22.
Lots 1 through 5, 6A, 6B, 7A, 7B, 8 through 11, 12A, 12B, inclusive, Block 23.
Lots 1A, 1B, 2 through 5, 6A, 6B, 7A, 7B, 8 through 11, 12A, 12B, inclusive, Block 24.
Lots 1A, 1B, 2, 3 & 6, inclusive, Block 25.
Lots 1A, 1B, 2 through 5, 6A, 6B, 7A, 7B, 8 through 13, inclusive, Block 26.
Lots 1A, 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, Block 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 & 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 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.

COMPRISING (Section 2):
Lot 1, Block 1.
All in Malme Addition.

Lots 4 and 5, Block 37.
All in Auditors Lot 4.

Lots 1 and 2, Block 1.
All in North Park Maintenance Addition.

Lots 1 through 12, Block 2.
Lots 1 through 24, Block 5.
Lots 1 through 24, Block 6.
Lots 1 through 24, Block 7.
Lots 1 through 24, Block 8.
Lots 1 through 16, Block 9.
Lots 1 through 22, Block 10.
Lots 1 through 24, Block 11.
Lots 1 through 24, Block 13.
Lots 1 through 24, Block 14.
Lots 1 through 24, Block 15.
Lots 1 through 8, Block 16.
Lots 10 and 11, Block 16.
Lots 14 and 15, Block 16.
Lots 1 through 24, Block 18.
Lots 1 through 24, Block 19.
Lots 1 through 34, Block 20.
Lots 1 through 34, Block 21.
Lots 1 through 34, Block 22.
Lots 1 through 33, Block 23.
Lots 1 through 31, Block 24.
Lots 1 through 30, Block 25.
Lots 1 through 27, Block 26.
Lots 1 through 13, Block 27.
All in Reeve’s Addition.

Lots 4, 5 and 8, Block 1.
All in P.M. Properties Subdivision.

Lot 1, Block 1.
All in Steidl Hawes Addition.

Lots 1 through 9, Block 1.
Lots 1 through 6, Block 2.
All in 2nd Avenue North Subdivision.

Lots 1 through 16, Block A.
Lots 1 through 16, Block B.
All in Stern’s Subdivision.

Lots 1 through 4, Block 1.
Lots 1 through 18, Block 12.
Lots 22 through 24, Block 12.
All in Elim Rehabilitation Addition.

Block A.
Lots 1 through 9, Block 10.
Lots 5 through 9, Block 19.
Lots 1 through 12, Block 20.
Lots 1 through 12, Block 21.
Lots 1 through 12, Block 22.
Lots 1 through 6, Block 23.
Block 24.
Lots 1 through 12, Block 25.
Lots 1 through 12, Block 26.
Lots 3 through 12, Block 29.
Lots 1 through 12, Block 30.
Lot 1, Block 34.
Lots 1 through 12, Block 35.
Lots 1 through 12, Block 36.
Lots 1 through 12, Block 37.
Lots 1 through 12, Block 38.
Lots 1 through 12, Block 39.
Lots 1 through 12, Block 40.
Lots 1 through 9, Block 41.
Lots 1 and 2, Block 42.
Lots 1 through 6, Block 43.
Lots 1 through 6, Block 44.
Lots 1 through 6, Block 46.
Lots 1 through 5, Block 47.
All in Roberts 2nd Addition.

Lots 1 through 29, Block 1.
Lots 1 through 6, Block 2.
Lots 10 through 12, Block 2.
Lots 1 through 12, Block 3.
Lots 1 through 12, Block 4.
Lots 1 through 14, Block 5.
Lots 1 through 6, Block 6.
Lots A through M, Block 7.
Lots 4 through 13, Block 7.
Lots 1 through 14, Block 8.
Lots 1 through 12, Block 9.
All in Roberts Addition.

Lots 1 through 3, Block 1.
Lots 6 through 27, Block 1.
All in S.G. Roberts Addition Plat No. 2.

Lot 1, Block 1.
All in Burgum Addition.

Lot 1, Block 1.
All in Christianson Addition.

Lots 1 through 10, Block 45.
All in Mealey’s Subdivision.

Lots A through G, Block 42.
All in Tyler and Benton’s Subdivision.

Lots 1 through 3, Block 27.
Lots 7 through 12, Block 27.
Lots A through C, Block 27.
Lots A through H and K, Block 28.
Lots 7 through 12, Block 28.
Lots A through C, Block 29.
All in Douglas 2nd Subdivision.

Lots A through F, Block 10.
All in Auditor’s Subdivision.

Lots 1 through 6, Block A.
All in Sheehan’s Subdivision.

Lots A through E, Block A.
Lots A through L, Block B.
Lots D through K, Block C.

Block E.
All in Chapin, Johnson and Barrett’s Addition.

Lots A through U, Block 2.
Lots 1 through 12, Block 6.
All in Hagaman’s Subdivision.

Lots 1 through 9, Block E.
All in Kirkham’s Subdivision.

Lots 1 through 14, Block 1.
Lots 18 through 22, Block 1.
Lots A through F, Block 1.
Lots 1 through 14, Block 2.
Lots 18 through 22, Block 2.
Lots A through G, Block 2.
Lots 1 through 22, Block 3.
Lots 1 through 22, Block 4.
Lots 1 through 18, Block 7.
Lots 1 through 24, Block 8.
Lots 1 through24, Block 9.
Lot 1 and lots 12 through 18, Block 10.
Lot 1 and lots 8 through 18, Block 15.
Lots 1 through 24, Block 16.
All in Keeney and Devitt’s Addition.

Block 17.
Block 18.
Lots 1 through 5, Block 21.
Lots 10 through 12, Block 21.
Lots 1 through 5, Block 22.
Lots 10 through 12, Block 22.
Lots 1 through 4, Block 23.
Lots 11 and 12, Block 23.
All in Keeney and Devitt’s 2nd Addition.

Lots 5 through 10, Block 23.
Lots 13 through 18, Block 23.
All in Leach and Wells Subdivision.

Lots 6 through 9, Block 24.
Lots 13 through 18, Block 24.
All in Keeney’s Subdivision.
Lots 1 through 24, Block A1.
Lots 1 through 24, Block A2.
Lots 1 through 16, Block A3.
Lots 1 through 13, Block A4.
All in Northern Pacific 2nd Addition.

Lot 1, Block 1.
Lots 1 through 3, Block 2.
All in Machinery Row Addition.

Lots A and B, Block 1.
Block 22.
All in Great Northern Depot Addition.

Lots 1 through 3, Block 1.
Lots 1 through 3, Block 2.
Lots 1 and 2, Block 3.
Block 4.
Block 5.
Block 6.
Lots 1 and 2, Block 7.
Lots 1 through 4, Block 8
All in North Dakota Urban Renewal Addition.

A lot pt of the n 1/2 of the nw 1/4 of sec 7 twp 139n rge 49w, incl a pt of rr outlot no. 3 & a pt of the bnsf rr (formerly northern pacific rr co) 400 ft wide charter r/w, more particularly desc as foll: comm at the ne cor of sd rr outlot #3, sd cor being at the inter of the sly r/w ln of northern pacific ave & the wly r/w ln of 8th st n; then s 87 deg 53 min 56 sec w (assmd brg), alg the sly r/w ln of sd northern pacific ave, for a dist of 60.19 ft to the nw cor of a tract desc in doc #1015022 & the true pt of beg; then cont s 87 deg 53 min 56 sec w, alg the sly r/w ln of sd np ave, for a dist of 344.81 ft to the ne cor of a tract desc in doc #1101656; then s 02 deg 06 min 04 sec e, alg the ely ln of a tract desc in sd doc #1101656, for a dist of 143.00 ft to the se cor of a tract of land desc in sd doc # 1101656; then s 84 deg 56 min 28 sec w, alg the sly ln of a tract of land desc in sd doc # 1101656, for a dist of 329.45 ft to the sw cor of a tract desc in sd doc # 1101656; then n 88 deg 52 min 12 sec e for a dist of 329.06 ft to a pt of inter w/ a ln lying 80.00 ft nly of (as meas perp to) the cntrln of the bnsf rr's westbound mainline track, then s 87 deg 31 min 42 sec e, para w/ and 80.00 ft nly of sd westbound mainline track centerline for a dist of 330.47 ft to a pt of inter w/ the wly ln as ext s of a tract of land desc in sd doc #1015022; then n 02 deg 29 min 00 sec e, alg the wly ln as ext s & alg the wly ln of a tract desc in sd doc #1015022, for a dist of 192.54 ft to the true pt of beg.

All of the following located in Northern Pacific Addition.
All the unplatted land between 7th Avenue North and Dakota Drive North and 17th Street North and 14th Street North.
All the unplatted land between the Red River and University Drive North and Main Avenue and Northern Pacific Avenue North.
All unplatted on a tract of land loc at nw cor of lt 1, blk 27, reeves, sd pt also being on sly r/w ln of 1 ave n; then s 85 deg 48 min 15 sec w (assmd brg) alg sly ln of sd 1 ave n & alg nly ln of sd lt 5, for a dist of 5.39 ft to true pt of beg; then cont s 85 deg 48 min 15 sec w, alg sly ln of sd 1 ave n, for a dist of 351 ft, then s 00 deg 00 min 00 sec e, para with wly r/w ln of vac 16 1/2 st n, for a dist of 204.34 ft to nly r/w ln of a rr; then s 84 deg 30 min 51 sec e, alg nly r/w ln of sd rr, for a dist of 259 ft; then n 19 deg 54 min 12 sec e for a dist of 270.97 ft to true pt of beg.

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

NOW, THEREFORE, BE IT RESOLVED, That Broadway Interceptor Wet Weather Improvements - Phase III Improvement District No. NR-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. NR-17-B:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. NR-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 $6,631,321.67.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. NR-17-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. NR-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. NR-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.

Direct City Auditor's Office to Call for Bids for Improvement District No. NR-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. NR-17-B in the City of Fargo, North Dakota.

Second by Strand. On call of the roll Commissioners Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.

2016 Fargo Fire Department Statistical Information Annual Report Received and Filed:
Fire Chief Steve Dirksen shared the 2016 Fargo Fire Department Statistical Information Annual Report for the Department of Fire and Emergency Services. He said last year was the busiest ever for the Fire Department and he shared statistics on fire losses, training, emergency services, operations, goals and response times. He said there were more than 10,000 calls for service last year, with the majority of calls being medical emergencies at nearly 6,400. There were several major fires, he said, one of which was the Bison Turf building. Unattended cooking and improperly disposed smoking materials are the most common causes of fire, he said, and there are educational efforts to address these causes. Total fire loss last year was about $2.7 million, up from the year before, he said. Headquarters has moved back following the remodel, he said. With Narcan now available, there were 13 instances where patients were successfully revived and could be transported, he stated.

In response to a question from Commissioner Strand regarding whether codes are at the level of expectation the Chief would like to see them, Chief Dirksen said Fargo has a robust code system and is currently on a three-year process of adopting the International Fire Code. He said he believes strongly in sprinkler systems because they protect lives and property and he would like to see requirements for residential sprinkler systems. He said there will be a point when an additional station will be needed further south to provide the same kind of service to all of the community. Locations are being identified for a fire station, he said; however, first infrastructure would need to catch up.
Commissioner Piepkorn moved the 2016 Fargo Fire Department Statistical Information Annual Report for the Department of Fire and Emergency Services be Received and Filed.

Second by Strand. On call of the roll Commissioners Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.

Application Filed by Korber Medipak Systems NA, Inc. for Payment in Lieu of Tax Exemption (PILOT) Approved:
A Hearing had been set for this day and hour on an application filed by Korber Medipak Systems NA Inc. payment in lieu of property tax (PILOT) for the expansion to their operation at 969 34th Street North where the applicant designs and manufactures specialized packaging machinery for medical device and pharmaceutical industries.
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.
Commissioner Piepkorn moved that the application filed by Korber Medipak Systems, NA, Inc. for a five-year payment in lieu of tax for the expansion to their operation at 969 34th Street North pursuant to Chapter 40-57.1, NDCC be approved.

Second by Strand. On call of the roll Commissioners Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.

Transfer of a Class “AC” Alcoholic Beverage License from Gilbert C. Grafton Post 2 d/b/a Pickled Parrot to Gilbert C. Grafton Post 2 d/b/a The American Legion Withdrawn:
A Hearing had been set for this day and hour on the application for a transfer of a Class “AC” Alcoholic Beverage License from Gilbert C. Grafton Post 2 d/b/a Pickled Parrot located at 505 3rd Avenue North to Gilbert C. Grafton Post 2 d/b/a The American Legion to be located at 1609 19th Avenue North was withdrawn by the applicant.

Planned Unit Development Overlay, Master Use Plan and Final Plan on Ferguson First Addition Approved (4103 66th Street South):
A Hearing had been held by the Fargo Planning Commission on March 7, 2017 to consider a petition requesting a Planned Unit Development (PUD) Overlay, Master Use Plan and Final Plan in an existing SR-4, Single-Dwelling Residential Zoning District of the proposed Ferguson First Addition, and the Fargo Planning Commission at such Hearing recommended to the Board of City Commissioners as its final report that the PUD Overlay, Master Use Plan and Final Plan 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.
No written protest or objection to the PUD Overlay has been received or filed in the office of the City Auditor.
The Board determined that no person is present to protest or offer objection to the petition.

Senior Planner Donald Kress said the project site is south of 40th Avenue South, west of 66th Avenue and bordered on the west by the Sheyenne River. He said the proposed plat splits the property down the middle and setbacks reduce the buildable property. He said the applicant is requesting a PUD Overlay which will allow two new residences outside of the setbacks, as well as an accessory building. He said staff received five contacts from nearby property owners plus an email.
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for a PUD Overlay, Master Land Use Plan and Final Plan have been complied with; and
WHEREAS, The Fargo Planning Commission approved the request on
March 7, 2017 with the above-listed conditions; and
NOW, THEREFORE, BE IT RESOLVED, That the petition be approved with the aforementioned conditions.

First Reading of an Ordinance Relating to Establishing a Planned Unit Development Overlay, Master Land Use Plan and Final Plan on Certain Parcels of Land Lying in Ferguson First Addition to the City of Fargo:
Commissioner Piepkorn moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance relating to Establishing a Planned Unit Development Overlay, Master Land Use Plan and Final Plan on certain parcels of land lying in Ferguson First Addition to the City of Fargo be placed on first reading.

Second by Strand. On call of the roll Commissioners Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.

Resolution Adopted Approving Ferguson First Addition:
Commissioner Piepkorn offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Ferguson First Addition” containing 2 Lots, 1 Block and 4.25 acres of land more or less, located at 4103 66th Street South; and
WHEREAS, A Hearing was held March 7, 2017 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on April 17 and 24, 2017 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., April 24, 2017 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 “Ferguson First Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Renaissance Zone Boundary Changes Approved:
A Hearing had been set for this day and hour to alter and expand the Renaissance Zone boundary from 46 blocks to 47 blocks. The proposal will add 2 blocks and remove 1 block.

Planning Director Jim Gilmour said the Renaissance Zone boundary adjustment is to alter and expand the Renaissance Zone boundary from 46 to 47 blocks. The two blocks are located between University Drive and 14th Street North, and 1st Avenue North and NP Avenue North, he said, where Jade Properties plans to redevelop existing industrial sites. A request was also received for a block south of Main Avenue to add one additional RZ “candidate” block to the RZ Plan; however, he said, that applicant has no immediate plans to redevelop the proposed RZ Block 54. He said when there are more complete plans, a second request will be required to approve or deny the addition of that subject location. He said staff did not feel there would be any pending projects on the block being removed, RZ Block 40, where the NDSU Foundation has surface parking, the Housing Authority has a building and there is a recent housing project. He said this puts 47 blocks in the Renaissance Zone with the maximum being 49. At the next meeting, he said, the Board will likely see Renaissance Zone projects for these two blocks.

In response to a question from Commissioner Strand about whether, with the two blocks left, the city envisions where the growth will be or wait for a developer, Mr. Gilmour said it is some of both. There are certain blocks identified as having development potential and in some cases developers have come forward, which is the case with the proposal, he stated.
Commissioner Piepkorn moved the changes to the Renaissance Zone boundaries be approved as recommended by the Renaissance Zone Authority.

Second by Strand. On call of the roll Commissioners Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.

Tammy Linn Appointed to the Airport Authority:
The Board received a communication from Mayor Mahoney recommending that Tammy Linn be appointed to the Airport Authority.

Commissioner Piepkorn said Ms. Linn will be a great addition to the Airport Authority.

Commissioner Strand said it is great to see Ms. Linn and other candidates from the last Commission election, including Joe Burgum and Mara Brust, become active as members of boards and he commended the Mayor for keeping those people involved who have the desire to be involved.

Acting Chairman of the Airport Authority Stephen Blazek said he does not object to the appointment of Ms. Linn to the Airport Authority; however, he objects to the process in which the appointment was made. He said he would like the Board to consider tabling the appointment to allow a selection or interview process to find out Ms. Linn’s skillset and the value she would add. He said it would also give her an opportunity to discuss what the Airport Authority does and what her expectations are. He said he feels there needs to be input from the Executive Director and the Chairman with an opportunity to meet with the candidate to know her qualifications. He said personally, he attended meetings regularly for three years prior to his appointment and brought other assets and useful qualities; however, at this time, the Authority does not know what those are for this appointee.

Mayor Mahoney expressed appreciation for Ken Pawluk’s tenure on the Airport Authority and said he has done a great job for the community. He said as he told Mr. Pawluk, this is an opportunity to recommend a new individual to the Airport Authority, which combined with the historic knowledge and expertise offered by the remaining four members, will bring a different perspective. New people want to get involved, he said, and having a fresh face on a Board can get new things done. It is the Mayor’s prerogative to recommend appointments of a person he sees fit for all the boards, he stated, and he would like to see the Airport Authority continue to work with the City of Fargo.

Commissioner Strand said he hopes this is a positive working relationship for the new appointee even though concerns have been expressed about the process.
Commissioner Strand moved Tammy Linn be appointed to the Airport Authority for a five-year term ending April 8, 2022.

Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.

Second Reading and Final Adoption of an Ordinance Relating to Rezoning Certain Parcels of Land Lying in Chandler’s Broadway Addition: PUD Master Land Use Plan Received and Filed (Moved from the Consent Agenda):
The Board received a communication from City Attorney Erik Johnson stating at the last meeting, a zoning change for the Chandler’s Broadway Addition along with a PUD, Plan Unit Development Overlay and a PUD Master Land Use Plan, were presented by staff 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…” Since that time, he said, the access to 12th Street North depicted on the Master Land Use Plan at the April 10, 2017 meeting, has been removed from the Master Land Use Plan and now a revised plan is presented for reflecting the removal of said access. He said with respect to the landscaping berm, an amended form of Ordinance containing the berm requirement along 12th Street North is now submitted for second reading and final passage.
Commissioner Piepkorn moved the Ordinance Relating to Rezoning Certain Parcels of Land Lying in Chandler’s Broadway Addition, Fargo, Cass County, North Dakota which was placed on its first reading April 10, 2017 be now placed on its second reading and a vote taken on the question of its final passage and adoption and the PUD Master Land Use Plan be received and filed.

Second by Strand. On call of the roll Commissioners Piepkorn and Mahoney voted aye.
Commissioner Strand voted nay.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.
There was unanimous consent to waive reading of the Ordinance in its entirety and no one was present to request that the Ordinance be read.
On the vote being taken on the question of the final passage and adoption of the Ordinance, Commissioners Piepkorn and Mahoney voted aye.
Commissioner Strand voted nay.
Absent and not voting: Commissioners Gehrig and Grindberg.
The Ordinance was duly passed and adopted.

Second Reading and Final Adoption 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 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 (Moved from the Consent Agenda):
Steve Strege, 3243 37th Avenue South, said he and others he knows are in opposition to raising chickens in town and people who purchase homes have a reasonable expectation of not having farm animals in their neighborhood. He said the new Ordinance eliminates the requirement that a domestic fowl must be kept no less than 75 feet from any dwelling house without written consent of the owner or tenants of the dwelling, now there is only a three-foot setback requirement. He said chickens and chicken manure smell bad and spread disease and those who want to raise farm animals should do so in the country, not in the city. He said he feels the distance requirement needs to be addressed and neighbors who do not want these operations next to them also have rights.

Mayor Mahoney said this cleans up the existing Ordinance, gets backyard chicken keeping permitted and allows the city to inspect and be sure the rules are followed. He said if it turns out later that the city does not want this, it could be eliminated.
Commissioner Strand moved 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 of 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 which was placed on its first reading April 10, 2017 be now placed on its second reading and a vote taken on the question of its final passage and adoption.

Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.
There was unanimous consent to waive reading of the Ordinance in its entirety and no one was present to request that the Ordinance be read.
On the vote being taken on the question of the final passage and adoption of the Ordinance, Commissioners Strand, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioners Gehrig and Grindberg.
The motion was declared carried.

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, May 8, 2017.

Second by Strand. All the Commissioners present voted aye and the motion was declared carried.
The time at adjournment was 5:53 o’clock p.m.