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Board of City Commissioners - July 3, 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, July 3, 2017.

The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a statement with the following information: At Fargo Cass Public Health’s first of four “Take Back Tuesday” events on June 27th, 153 individuals turned in 210 pounds of unwanted medications; FCPH has issued a warning to the public about the increased risk of being infected with HIV and/or viral hepatitis when body art procedures are performed by individuals who are not licensed and regulated; the summer reading program at the Library continues through August 5th; the next “Meet Your City Department Leaders” session at the Library will be July 25th where City Forester Scott Luidahl will talk about the Forestry Department; hourly parking begins on July 5th at the Roberts Commons Garage; the Police Picnic was held last week and there was a huge turnout from the community; and new and improved fixed route bus services started on July 1st.

Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved, continuing Item Nos. “43a” and “43b” to 5:15 p.m. on August 14, 2017.

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

Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on June 19, 2017 be approved as read.

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

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

1. 2nd reading, waive reading and final adoption of the following Ordinances; 1st reading, 6/19/17:
a. Rezoning Certain Parcels of Land Lying in Part of the Northeast Quarter of Section Twenty-Two (22), Township One Hundred Thirty-Nine (139) North, Range Forty-Nine (49) West of the Fifth Principal Meridian, Fargo, Cass County, North Dakota.
b. Rezoning Certain Parcels of Land Lying in Cottagewood Third Addition, Fargo, Cass County, North Dakota.

2. Applications for Games of Chance:
a. FM AM Rotary Club for a sports pool from 9/11/17 to 2/4/18.
b. St. Anthony of Padua Church for a raffle and bingo on 9/24/17.
c. Elim Rehab and Care Center for a raffle on 10/5/17.
d. North Dakota Autism Center, Inc. for a raffle on 9/9/17.
e. Fargo Angels Hockey Club for a raffle on 12/2/17.

3. Request from CHARISM to hang banners in the skyway from August 1st to August 11th to promote Over the Edge.
4. Bid rejection for the sale of land in Tyler’s Addition and re-advertise the land for sale.
5. 2017 Community Development Block Grant and HOME Partnership allocations from the US Department of Housing and Urban Development.
6. Sale of Neighborhood Stabilization Program property at 1406 16 1/2 Street South for $194,900.00.
7. Sole source procurement with Christianson’s Business Furniture in the amount of $29,708.64 for meeting room furniture at the FARGODOME.
8. Notice of Grant Award Amendment in the amount of $50,000.00 from the ND Department of Health for enhanced services to increase breastfeeding rates and to reduce overweight and obesity programs (CFDA #93.994).
9. Agreement for Services with Sargent, Ransom, Richland, Steele and Traill Counties District Health Units to assist in a full-scale Point of Dispensing (POD) exercise.
10. Notice of Grant Award with the ND Department of Health in the amount of $12,000.00 for the family planning depression-screening program.
11. Notice of Grant Award with the ND Department of Health in the amount of $80,000.00 for Regional Environmental Services-State Aid.
12. Contract for Provision of Environmental Health Services for Ransom, Sargent, Steele and Traill Counties Public Health Units.
13. Notice of Grant Award from the ND Department of Health in the amount of $132,153.00 for the Local Public Health Unit Tobacco Prevention and Control Program.
14. Notice of Grant Award from the ND Department of Health for State Aid to local Public Health Units.
15. Purchase of Service Agreement with ND Department of Human Services, Behavioral Health Division for substance abuse prevention.
16. Notice of Grant Award from the ND Department of Health for increasing ND’s adult immunization rates (CFDA #93.539).
17. Budget adjustment in the amount of $65,000.00 to develop a Strategic Plan for the Library.
18. First Amendment to Agreement and Release with the Cass Rural Water Users District related to the Red River Valley Water Supply Project wholesale water rate and nomination.
19. Amendment No. 1 to Right of Entry to Construct and Lease Agreement with Northland Hospitality, LLC for site accessibility and easement purposes.
20. Bid award to Grand Forks Fire Equipment LLC for structural firefighting turnout gear at a base price of $2,188.00 for the first year and an annual increase not to exceed 4% per year for the following two years.
21. Bid award to General Equipment in the total amount of $151,500.00 for one articulated wheel loader (RFP17142).
22. Bid award to MidStates Wireless in the amount of $65,816.00 for outdoor warning sirens (RFP17165).
23. Contract Amendment No. 3 for an increase of $108,795.00 for Project
No. FM-15-B0.
24. Contract Amendment No. 4 for an increase of $130,021.00 for Project Nos.
FM-14-61, FM-14-62 and FM-14-63 (aka 6229).
25. Bid advertisement for Project No. EP-17-A.
26. Task Order with Wenck Associates, Inc. and sole source procurement with Northern Technologies in the amount of $23,900.00.
27. Bid award to Swanston Equipment in the amount of $217,700.00 for one high dump street sweeper (RFP17153).
28. Sole Source Procurement for vendor specific parts from Spartan Chassis, Swanston Equipment Corporation, Sanitation Products, Nelson International and New Flyer Industries.
29. Bid award to Master Construction Company, Inc. in the amount of $280,540.00 for Project No. SN-17-A1.
30. Bills in the amount $13,872,249.52

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

Amended Engineer’s Report for Improvement District No. UN-15-B Approved:
The Board received an Amended Engineer’s Report from Division Engineer Brenda Derrig for Sanitary Sewer Force Main and Incidentals Improvement District No. UN-15-B.
Commissioner Grindberg moved the Amended Engineer’s Report for Improvement District No. UN-15-B be approved.

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

Request from Northern Improvement Company for Permission to Work Sundays on Improvement District No. BR-17-E1 Approved:
Commissioner Grindberg moved the request from Northern Improvement Company to work Sundays on Improvement District No. BR-17-E1 be approved.

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

Memorandum of Offer to Landowner for a Temporary Easement with Fargo Gateway Center Approved (Improvement District No. BR-17-C1):
Commissioner Grindberg moved the Memorandum of Offer to Landowner for a temporary easement with Fargo Gateway Center for Improvement District No. BR-17-C1 be approved.

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

Memorandum of Offer to Landowner for a Temporary Easement with Ferny Holdings LLC Approved (Improvement District No. BR-17-G1):
Commissioner Grindberg moved the Memorandum of Offer to Landowner for a temporary easement with Ferny Holdings LLC for Improvement District No. BR-17-G1 be approved.

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

Memorandum of Offer to Landowner for a Temporary Easement with Wells Fargo Bank N.A. Approved (Improvement District No. BR-17-C1):
Commissioner Grindberg moved the Memorandum of Offer to Landowner for a temporary easement with Wells Fargo Bank N.A. for Improvement District No. BR-17-C1 be approved.

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

Change Order No. 1 for Improvement District No. PN-15-N1 Approved:
Commissioner Grindberg moved approval of Change Order No. 1 for an increase of $27,776.00 for Improvement District No. PN-15-N1.

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

Change Order No. 3 for Improvement District No. BN-15-K1 Approved:
Commissioner Grindberg moved approval of Change Order No. 3 for an increase of $9,048.20 for Improvement District No. BN-15-K1.

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

Final Balancing Change Order No. 1 for Improvement District No. BN-16-L1 Approved:
Commissioner Grindberg moved approval of Final Balancing Change Order No. 1 for a decrease of $8,830.49 for Improvement District No. BN-16-L1.

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

Final Balancing Change Order No. 3 for Improvement District No. PN-15-L1 Approved:
Commissioner Grindberg moved approval of Final Balancing Change Order No. 3 for an increase of $722.93 for Improvement District No. PN-15-L1.

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

Final Balancing Change Order No. 3 for Improvement District No. UR-15-B1 Approved:
Commissioner Grindberg moved approval of Final Balancing Change Order No. 3 for a decrease of $49,532.20 for Improvement District No. UR-15-B1.

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

Final Balancing Change Order No. 2 for Improvement District No. UN-15-M1 Approved:
Commissioner Grindberg moved approval of Final Balancing Change Order No. 2 for a decrease of $5,453.63 for Improvement District No. UN-15-M1.

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

P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-A1: Protests Received and Declared Insufficient:
The Statutory Resolution of Necessity for the construction of P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-A1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on May 29 and June 5, 2017 and protests representing less than 24 percent of the legal protest area have been received and filed in the office of the City Auditor within the legal protest period.
Commissioner Grindberg moved the protests be received and filed and declared insufficient.

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

Bids Received for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-A1:
The bids for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-A1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., June 28, 2017 and the bids were found to be as follows:

Adelman Concrete and Excavating, Inc. West Fargo, ND
Bid: $274,039.00

Dirt Dynamics, LLC Fargo, ND
Bid: $282,369.00

L2 Contracting West Fargo, ND
Bid: $283,889.00

Paras Contracting, Inc. Fargo, ND
Bid: $346,085.00

Opp Construction, LLC Fargo, ND
Bid: $362,662.00

Tom’s Backhoe Service, Inc. Brainerd, MN
Bid: $366,480.00

__Contract for P.C. Concrete Alley Paving and Incidentals Improvement District __
No. AN-17-A1 Awarded to Adelman Concrete and Excavating, Inc. in the Amount of $274,039.00:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-A1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received o for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-A1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-A1 shows the bid of Adelman Concrete and Excavating, Inc. of West Fargo, North Dakota, in the sum of $274,039.00 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 Adelman Concrete and Excavating, Inc. in the sum of $274,039.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-A1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Adelman Concrete and Excavating, Inc. for the sum of $274,039.00, 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 Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-G1: __
The Statutory Resolution of Necessity for the construction of Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-G1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on May 29 and June 5, 2017 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Grindberg 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-G1.

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

Bids Received for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-G1:
The bids for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-G1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., June 28, 2017 and the bids were found to be as follows:

Shermans, LLC West Fargo, ND
Bid: $909,972.78

Master Construction Company, Inc. Fargo, ND
Bid: $999,888.00

Tom’s Backhoe Service, Inc. Brainerd, MN
Bid: $1,000,912.40

George E. Haggart, Inc. Fargo, ND
Bid: $1,076,510.10

Dakota Underground Company Fargo, ND
Bid: $1,084,917.50

Contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-G1 Awarded to Shermans, LLC in the Amount of $909,972.78:
Commissioner Grindberg 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-G1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-G1 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-G1 shows the bid of Shermans, LLC of West Fargo, North Dakota, in the sum of $909,972.78 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 $909,972.78 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-G1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Shermans, LLC for the sum of $909,972.78, 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 Broadway Interceptor Wet Weather Improvements - Phase III Improvement District No. NR-17-B:
The Statutory Resolution of Necessity for the construction of Broadway Interceptor Wet Weather Improvements - Phase III Improvement District No. NR-17-B in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on June 6 and 12, 2017 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Grindberg moved that the Board declare that no protests have been filed to the construction of Broadway Interceptor Wet Weather Improvements - Phase III Improvement District No. NR-17-B.

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

Bids Received for Broadway Interceptor Wet Weather Improvements - Phase III Improvement District No. NR-17-B:
The bids for Broadway Interceptor Wet Weather Improvements - Phase III Improvement District No. NR-17-B in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., June 14, 2017.
The Board received a communication from Wastewater Utility Director Jim Hausauer stating the project was bid as three contracts: Contract 1 – General Construction; Contract 2 – Mechanical Construction; and Contract 3 – Electrical Construction. Individual bids were received for each contract, he said, as well as Contract 4 – Combined General, Mechanical and Electrical. In addition to the base bid, he said, alternates 1-10 were bid and are represented as the contract increases in the bid tabulation. He said the bids were found to be as follows:

Contract 1 - General Construction
ICS, Inc. Grand Forks, ND
Base Bid plus Alternates $4,970,950.00

PKG Contracting, Inc. Fargo, ND
Base Bid plus Alternates $5,493,000.00

Industrial Builders, Inc. Fargo, ND
Base Bid plus Alternates $5,727,190.00

Rice Lake Construction Group Deerwood, MN
Base Bid plus Alternates $6,356,000.00

Contract 2 – Mechanical
All American Plumbing and Heating Horace, ND
Base Bid $370,096.00

Contract 3 – Electrical
JDP Electric, Inc. Fargo, ND
Base Bid plus Alternates $1,185,670.00

Rick Electric, Inc. Moorhead, MN
Base Bid plus Alternates $1,200,300.00

Sun Electric, Inc. Fargo, ND
Base Bid plus Alternates $1,342,000.00

Contract 4 – Combined Construction
PKG Contracting, Inc. Fargo, ND
Base Bid plus Alternates $7,034,900.00

Industrial Builders, Inc. Fargo, ND
Base Bid plus Alternates $7,304,680.00

Rice Lake Construction Group Deerwood, MN
Base Bid plus Alternates $7,847,000.00

Contracts for Broadway Interceptor Wet Weather Improvements - Phase III Improvement District No. NR-17-B Awarded:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Broadway Interceptor Wet Weather Improvements - Phase III Improvement District No. NR-17-B; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received for Broadway Interceptor Wet Weather Improvements - Phase III Improvement District No. NR-17-B in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Broadway Interceptor Wet Weather Improvements - Phase III Improvement District No. NR-17-B shows the bids of ICS, Inc., Grand Forks, North Dakota – General (Contract 1), All American Plumbing and Heating, Horace, North Dakota – Mechanical (Contract 2) and JDP Electric, Inc., Fargo, North Dakota – Electrical (Contract 3) to be the lowest and best bids received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bids received from ICS, Inc. – General (Contract 1), All American Plumbing and Heating – Mechanical (Contract 2) and JDP Electric, Inc. – Electrical (Contract 3) in the sum totaling $6,526,716.00 to be the lowest and best bids received.
BE IT FURTHER RESOLVED, That the contracts for Broadway Interceptor Wet Weather Improvements - Phase III Improvement District No. NR-17-B in the City of Fargo, North Dakota, be and the same are hereby awarded to ICS, Inc. – General (Contract 1), All American Plumbing and Heating – Mechanical (Contract 2) and JDP Electric, Inc. – Electrical (Contract 3) 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 Traffic Signal Improvements and Incidentals Improvement District No. TN-16-F1:
The Statutory Resolution of Necessity for the construction of Traffic Signal Improvements and Incidentals Improvement District No. TN-16-F1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on May 29 and June 5, 2017 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Grindberg moved that the Board declare that no protests have been filed to the construction of Traffic Signal Improvements and Incidentals Improvement District No. TN-16-F1.

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

Bids Received for Traffic Signal Improvements and Incidentals Improvement District No. TN-16-F1:
The bids for Traffic Signal Improvements and Incidentals Improvement District No. TN-16-F1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., June 28, 2017 and the bids were found to be as follows:

Strata Corporation Grand Forks, ND
Bid: $434,393.85

Moorhead Electric Fargo, ND
Bid: $439,203.20

Fargo Electric Construction, Inc. Fargo, ND
Bid: $469,863.35

Contract for Traffic Signal Improvements and Incidentals Improvement District No. TN-16-F1 Awarded to Strata Corporation in the Amount of $434,393.85:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Traffic Signal Improvements and Incidentals Improvement District No. TN-16-F1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received for Traffic Signal Improvements and Incidentals Improvement District No. TN-16-F1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Traffic Signal Improvements and Incidentals Improvement District No. TN-16-F1 shows the bid of Strata Corporation of Grand Forks, North Dakota, in the sum of $434,393.85 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 Strata Corporation in the sum of $434,393.85 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Traffic Signal Improvements and Incidentals Improvement District No. TN-16-F1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Strata Corporation for the sum of $434,393.85, 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.

Contract for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-C1 Approved:
Commissioner Grindberg moved approval of the Contract between the City of Fargo and Key Contracting, Inc. for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-C1 in the City of Fargo, North Dakota.

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

Contract Bond for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-C1 Approved:
Commissioner Grindberg moved approval of the following described Contract Bond as to sufficiency:
Western Surety Company, in the amount of $70,458.00, for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-C1 in the City of Fargo, North Dakota.

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

Contract for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-E1 Approved:
Commissioner Grindberg moved approval of the Contract between the City of Fargo and Key Contracting, Inc. for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-E1 in the City of Fargo, North Dakota.

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

Contract Bond for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-E1 Approved:
Commissioner Grindberg moved approval of the following described Contract Bond as to sufficiency:
Western Surety, in the amount of $51,686.00, for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-E1 in the City of Fargo, North Dakota.

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

State Water Commission Request for Reimbursement for FM Diversion Project Costs Approved:
City Auditor Steve Sprague said the State Water Commission is requesting $301,262.00 for cost reimbursement for the FM Area Flood Risk Management Project for May 2017. He said the request is for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project. He said land purchases have started in Fargo and that is what the majority of the reimbursements are for this month.
Commissioner Grindberg moved the reimbursement request in the amount of $301,262.00 for the FM Area Flood Risk Management Project for expenses related to projects excluding Oxbow/Hickson/Bakke be approved.

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

State Water Commission Request for Reimbursement for FM Diversion Project Costs Approved:
City Auditor Steve Sprague said the State Water Commission is requesting $396,025.00 for cost reimbursement for the FM Area Flood Risk Management Project for May 2017. He said the request is for expenses related to projects in the Oxbow/Hickson/Bakke component of the project.
Commissioner Strand said he wanted to clarify he has publicly stated in the past his concerns about the Oxbow project; however, in retrospect, he does not want to upset the apple cart with decisions previous Commissions have made. He said he wants to respect the process for funding reimbursement since the state has opened the parameters for what it is supporting with the Diversion and he said his vote henceforth will be to support reimbursement from the state.
Commissioner Gehrig moved the reimbursement request in the amount of $396,025.00 for the FM Area Flood Risk Management Project for expenses related to projects in Oxbow/Hickson/Bakke be approved.

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

Appointment to the Historic Preservation Commission:
The Board received a communication from Mayor Mahoney recommending that Mike Dawson be appointed to the Historic Preservation Commission to fill the unexpired term of Andrew Nielsen for a term ending October 31, 2019.
Commissioner Strand moved Mike Dawson be appointed to the Historic Preservation Commission for a term ending October 31, 2019.

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

Appointment to the Human Relations Commission:
The Board received a communication from Mayor Mahoney recommending that Cheryl Schaefle be appointed to the Human Relations Commission to fill the unexpired term of Keith Bjornson for a term ending July 1, 2018.
Commissioner Strand moved Cheryl Schaefle be appointed to the Human Relations Commission for a term ending July 1, 2018.

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

Appointments to the Civil Service Commission:
The Board received a communication from Mayor Mahoney recommending that Paul Grindeland and Kurt Losee be reappointed to the Civil Service Commission.
Commissioner Strand moved Paul Grindeland and Kurt Losee be reappointed to the Civil Service Commission for three-year terms ending June 30, 2020.

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

Appointments to the Parking Commission:
The Board received a communication from Mayor Mahoney recommending that Randy Thorson be reappointed to the Parking Commission and that Jay Krabbenoft be appointed to the Parking Commission to fill the expired term of Tracy Walvatne.
Commissioner Strand moved Randy Thorson be reappointed and Jay Krabbenhoft be appointed to the Parking Commission for three-year terms ending June 30, 2020.

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

Appointment to the Special Assessment Commission:
The Board received a communication from Mayor Mahoney recommending that Steve Bladholm Dunn be reappointed to the Special Assessment Commission.
Commissioner Strand moved Steve Bladholm be reappointed to the Special Assessment Commission for a three-year term ending July 1, 2020.

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

Construction Projects Update:
Division Engineer Tom Knakmuhs gave a presentation on current construction projects and progress.

Hearings on Special Assessments for Sewer Repairs on Certain Properties and Nuisance Abatement Fees in the City of Fargo Continued to August 14, 2017:
This was the time and date set for hearings on the special assessments for sewer repairs and nuisance abatement fees on file in the City Auditor’s Office; however, City Auditor Steve Sprague has asked that these hearings be continued to 5:15 p.m., August 14, 2017.
Commissioner Gehrig moved the Hearings be continued to 5:15 o’clock p.m., Monday, August 14, 2017.

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

Application to Transfer the Alcoholic Beverage License from RBT Investments, LLC d/b/a 9 Iron Bar and Grill to BCZ Osgood Holdings, LLC d/b/a 9 Iron Bar and Grill Approved With Conditions:
A Hearing had been set for this day and hour on an application to transfer the Class "FA-Golf" Alcoholic Beverage License from RBT Investments, LLC d/b/a 9 Iron Bar and Grill to BCZ Osgood Holdings, LLC d/b/a 9 Iron Bar and Grill at 4400 Clubhouse Drive South, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor. The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.

City Auditor Steve Sprague said there was a lot of discussion at the Liquor Control Board meeting on this transfer. He said the three applicants all had criminal histories; however, most of the histories were dated. He said what the Board ended up doing is approving the transfer based on the condition that there is a two-year probationary period with no alcohol violations and no criminal activity by any of the three applicants.

In response to a question from Commissioner Grindberg as to how far back were the criminal histories, Mr. Sprague said some were 15 years ago; however, they were still worthy of note. He said the Board wants to make sure they are setting expectations with alcohol licenses.

Commissioner Piepkorn said this is a Park District property and the owners are investing $200,000.00 into the property. He said the owners know if they have any more problems, they have a lot to lose. He said Police Chief David Todd had concerns with this transfer; however, some of these issues in the past were related to JT Cigarro and the past owner of that establishment, who is not involved with this group. He said the three applicants worked for the owner of JT Cigarro. He said if the owners or the premises have any issues, they could lose their license.

In response to a question from Commissioner Grindberg as to if there is an issue, does the Auditor have the authority to shut it down, Mr. Sprague said any sanctions to the license of that magnitude would have to come before the City Commission for a public hearing.

Commissioner Gehrig said the vote at Liquor Control was 5-0 for approval after discussion of the probationary period.

Commissioner Piepkorn moved the application be conditionally approved following a two-year probationary period with no alcohol and/or criminal activity violations by any of the three applicants.

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

Application to Transfer the Alcoholic Beverage License from Douglas DeMinck d/b/a The Nestor to Mom’s Kitchen, Inc. d/b/a Tailgators Sports Café Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "AB" Alcoholic Beverage License from Douglas DeMinck d/b/a The Nestor to Mom’s Kitchen, Inc. d/b/a Tailgators Sports Café at 1322 Main Avenue, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.

City Auditor Steve Sprague said the Kilbourne Group owns The Nestor and the lease on the building is up at the end of the year. He said the group who owns Tailgators will purchase the license from The Nestor’s owner, Douglas DeMinck, once the lease is up and Mr. DeMinck retires. He said Tailgators still has a “FA” license; however, at the end of the year they will either look to open a new restaurant using the new “AB” license or see if they can sell it to someone else interested in opening a new restaurant.

Commissioner Gehrig said the “AB” license is coveted due to the fact that it is for an on-sale bar as well as off-sale. He said the city sells the license for upwards of $100,000.00; however, the license has a free market value once someone owns it and the owner can sell it for whatever someone is willing to pay for it.
Commissioner Gehrig moved the application be approved.

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

Parcels of Land in Morton and Doty’s Addition Rezoned and a Planned Unit Development Master Land Use Plan Approved (1345 University Drive South):
At a Hearing held on June 6, 2017 the Fargo Planning Commission recommended approval of a change in zoning from LC, Limited Commercial to LC, Limited Commercial with a PUD, Planned Unit Development Overlay and a PUD Master Land Use Plan on Part of Lots 11-13, Block 1, Morton and Doty’s 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.

Senior Planner Donald Kress said the land to be rezoned is at 1345 South University Drive where the applicant proposes to establish a vehicle repair business. He said the land is zoned LC, where vehicle repair businesses are limited to a 15,000 square-foot lot. He said this is a 21,000 square-foot lot within the LC development. He said the PUD will modify the maximum site area restriction and allow the vehicle repair use on the 21,000 square-foot lot.

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

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

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

Parcels of Land in Schatz 4th Addition Rezoned (5600 and 5650 34th Avenue South, 3501 56th Street South and 5621, 5631 and 5651 36th Avenue South):
At a Hearing held on June 6, 2017 the Fargo Planning Commission recommended approval of a change in zoning from MR-3, Multi-Dwelling Residential to LC, Limited Commercial on Lot 2, Block 1, and a request to repeal and re-establish a C-O, Conditional Overlay on Lots 1-4, Block 1 on Schatz 4th 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.

Senior Planner Donald Kress said the parcel has three lots zoned LC and one lot zoned MR-3. He said the applicant has proposed that the one MR-3 lot be changed to LC and in addition, there is a C-O on all four lots, therefore, the applicant has proposed a modification to the C-O due to the fact that the original C-O was intended for commercial development. He said the applicant has a more detailed development plan for the area and the proposed C-O maintains much of the original C-O while seeking to simplify and reduce ambiguity in the development. He said the proposed C-O allows portable signs until June 30, 2018, and removes the requirement that ground floor facades facing front public streets have arcades, display areas, entry areas and other such features no less than 60 percent of the horizontal length and replaces it with only ground floor facades that face Veterans Boulevard on the west side would have these requirements.

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

Second by Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Gehrig, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Schatz 4th 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 Schatz 4th Addition, Fargo, Cass County, North Dakota be placed on first reading.

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

Parcels of Land in Urban Plains by Brandt 1st Addition, Urban Plains by Brandt 2nd Addition, Urban Plains Center Addition, Urban Plains Medical Park Addition, Urban Plains Retail Addition, Urban Plains Center Addition, Urban Plains Northeast Retail Addition and Urban Plains Northeast Retail 2nd Addition Rezoned (4680, 5100, and 5101 28th Avenue South; 4651 and 4845 30th Avenue South; 5298 31st Avenue South; 4543 and 4737 32nd Avenue South; 2911 45th Street South; 2640, 2660, 2720, 2740, 2760 and 2780 47th Street South; 3180 49th Street South; 3023, 3057, 3079 and 2701 51st Street South; 2633 and 2867 55th Street South; 2907, 2915, 2949, 2975, 3037 and 3151 Seter Parkway South; 3050 and 3155 Brandt Drive South; and 4574 Urban Plains Drive South):
At a Hearing held on June 6, 2017 the Fargo Planning Commission recommended approval of a zoning change to repeal and re-establish a C-O, Conditional Overlay on Lot 1, Block 4, Lots 2-4, Block 5, and Lots 3-4, Block 8, Urban Plains by Brandt 1st Addition; Lots 2-3, Block 1, Lot 2, Block 2, Lot 1, Block 3, Lots 2-3, Block 5, and part of Lot 1, Block 5, Urban Plains by Brandt 2nd Addition; Lots 5-6, Block 1, Urban Plains Medical Park Addition; Lots 7-10, Block 1, Urban Plains Retail Addition; Lots 1-3, Block 3 and Lot 1, Block 4, Urban Plains Center Addition; Parts of Lots 3-4, Block 1, Urban Plains Northeast Retail Addition; and Lots 2-3, Block 1, Urban Plains Northeast Retail 2nd 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.

Senior Planner Donald Kress said this request is to repeal the C-O on multiple lots and establish a new C-O that would modify restrictions on placement of loading and unloading areas, overhead doors, ground-level HVAC units and parking. He said all the lots are vacant and undeveloped and the intent of this change is to offer more flexibility for development.

In response to a question from Mayor Mahoney regarding the 4-to-1 vote from the Planning Commission on this request, Mr. Kress said Planning Commissioner Mara Brust abstained from voting due to a conflict of interest and Planning Commissioner Rocky Schneider voted no; however, he did not give a reason for the no vote.

Brian Pattengale, Houston Engineering, said the request allows more flexibility on lots with double frontage. He said the concept the developer is envisioning on these lots is not possible with double frontage.

In response to a question from Commissioner Strand asking if apartments are allowable in this development, Mr. Pattengale said this project is only commercial-based.

Planning Administrator Nicole Crutchfield said what is before the Commission tonight does not affect whether the developer can have apartments or not, those are allowed through conditional use permits and this is just about the details of the ordinance and the design standards.

Commissioner Piepkorn said there is such a density of apartments in the area near the new Sanford hospital. He said there is not a good mix there and it is striking how many apartments are there.

In response to a question from Commissioner Piepkorn asking if a mix is required, Mr. Gilmour said it is up to the City and the land use plan. He said changes in this area have been made over the past 10 to 15 years. He said the landowner always envisioned some single-family housing; however, the demand has been for commercial and apartments.

Commissioner Strand said with the advent of no-sort recycling and the intent to go more toward commercial and apartments, there should be discussion at the Planning Commission to make recycling part of the mix, make that an expectation that developers will start working recycling into their formula. He said they have to give up a parking space or two to accommodate recycling.

Mr. Gilmour said to it would be a good idea to work with Public Works to see if recycling containers can be placed near apartments. He said recycling drop sites were kept due to the fact that many people in apartments do not have the blue recycling containers. He said many apartment buildings are serviced by private garbage haulers and not the City of Fargo.

Commissioner Gehrig said he would like to see some type of voluntary ability to recycle at apartments and make it easier with zoning to have spots available to have the bins. He said the options could include an ordinance or inform apartment building owners on how recycling could benefit them.

Mr. Gilmour said garbage fees are volume-based with private haulers; therefore, recycling would save the apartment building owners money due to the fact that the volume of trash would be reduced.
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

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

First Reading of an Ordinance Repealing and Re-enacting a Conditional Overlay District on Certain Parcels of Land Lying in Urban Plains by Brandt 1st Addition, Urban Plains by Brandt 2nd Addition, Urban Plains Medical Park Addition, Urban Plains Retail Addition, Urban Plains Center Addition, Urban Plains Northeast Retail Addition and Urban Plains Northeast Retail 2nd 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 repealing and re-enacting a Conditional Overlay District on Certain Parcels of Land Lying in Urban Plains by Brandt 1st Addition, Urban Plains by Brandt 2nd Addition, Urban Plains Medical Park Addition, Urban Plains Retail Addition, Urban Plains Center Addition, Urban Plains Northeast Retail Addition and Urban Plains Northeast Retail 2nd Addition, Fargo, Cass County, North Dakota Conditional Overlay District be placed on first reading.

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

Renewal Plan Amendment for the C-1 Tax Increment Financing District Approved (Within the Area of 1st Ave South on the South, Broadway on the West, 4th Street on the East and 1st Ave North on the North):
A Hearing had been set for this day and hour to review a Renewal Plan Amendment for the C-1 Tax Increment Financial District Property within the area of 1st Ave South on the South, Broadway on the West, 4th Street on the East, and 1st Ave North on the North. The purpose of the Hearing is to review a plan amendment to the activities in an existing TIF District, to end and close out the district. Additional activities include repairs to the Island Park Ramp, land acquisition and repairs to the Ground Transportation Center.
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 Director Jim Gilmour said this TIF District was set up a few years ago for the development of Dakota Bank and Wells Fargo. He said in 1999, the District was amended to build the Island Park Ramp and to acquire and clear part of the 400 Block of NP Avenue and spur development in that area. He said the ramp was constructed and the bonds on the ramp are now paid. He said the property owners on NP Avenue did not want their property acquired, so that activity never took place. He said this amendment would allocate the balance of $1,118,000.00 for some activities that are needed within the District to fit with parking issues. He said it was discussed with the Finance Committee about doing an amendment to use these funds to take care of these needs and then end the TIF District, which can continue as long as the City has debt. He said the only debt now is to purchase the land under the Island Park Ramp. He said the City leased that land until 2020 and the City will have to buy it at that point; however, the banks might sell earlier. He said this amendment would take care of repairs needed at the ramp, which need to be done about every 5 years such as sealing cracks and coatings, and the cost of that work is about $200,000.000. He said the early purchase of the land for the ramp is approximately $450,000.00; however, an appraisal would be needed to determine the final cost. He said another use of the funds would be parking control equipment for the ramp. He said now the ramp is only for monthly parkers; however, with parking control equipment the City could charge hourly for parking. He said Sanford occasionally has events and is interested in short-term parking in the ramp. He said the Ground Transportation Center parking facility is also in this TIF District and maintenance and repairs are needed there as well. He said the base value when the District was created was $2,800,000.00 and it is now at $21,000,000.00. He said property taxes paid were $282,000.00 a year and of that sum, $37,000.00 goes to taxing jurisdictions and the balance goes into the TIF fund. He said as this District closes, the schools will get $127,000.00, counties and cities will get $43,000.00 and Parks will get $24,000.00.

In response to a question from Commissioner Gehrig as to when this District was originally voted on to end and when will it end if this amendment is approved, Mr. Gilmour said it was amended in 1999 and he was not sure when at that point it was to end. He said it had a balance in 1999 and there was not any debt that needed to be paid. He said this amendment would close the District this year. He said if the District does not close, the $245,000.00 comes to the City and if it does close this year, it goes to the taxing jurisdictions.

In response to a question from Commissioner Strand about the $200,000.00 to repair the Island Park Ramp, Mr. Gilmour said the repairs include surface repairs and cracks and repairs to the membrane sealer, which over the years wears out. He said parking structures need repairs and maintenance and the big costs are getting the cracks and membrane repaired.

In response to a question from Commissioner Strand as to if the City allows contractors to spray brine and salt water, which deteriorates the concrete, and should the City be addressing this to make sure the integrity of the structure is maintained and it lasts as long as it can to reduce costs to taxpayer, Mr. Gilmour said contractors are not allowed to use metal blades on the membranes and the City has to be aware of icy conditions and have to be concerned about people slipping and falling. He said the ramp is washed in the spring; however, as with roads, salt has a deteriorating affect. Also, he said, not storing snow on the top of the ramp is important, and the City works with Interstate Parking to maintain the facility so it lasts a long time, including being careful to remove snow and not use salt any more than is needed.
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, Certain areas within the City are in need of redevelopment in order to prevent further deterioration, to encourage investment and to preserve property values; and
WHEREAS, The Board of City Commissioners desires to avail itself of the power and authority granted by Chapter 40-58 NDCC.
NOW, THEREFORE, BE IT RESOLVED, By the Board of City Commissioners as follows:
1. That one or more slum or blighted areas, or areas consisting of industrial or commercial property, or a combination of those areas of properties, exist in the City of Fargo.
2. That the development, rehabilitation, conservation or redevelopment, or a combination thereof, of the area contained within the Renewal Plan for Tax Increment Financing District C-1, is necessary in the interest of public health, safety, morals or welfare of the residents of the City of Fargo and will afford maximum opportunity, consistent with the sound needs of the city as a whole, for the rehabilitation or redevelopment of the development area by private enterprise.
3. That there are no persons living in residential buildings who will be displaced by the amended plan activities.
4. That the area designated as the Renewal Plan for Tax Increment Financing District C-1 is appropriate for these amended activities.
5. That such development, rehabilitation, conservation or redevelopment of the area contained in the Renewal Plan for Tax Increment Financing District C-1 requires the powers and authority granted in Chapter 40-58 NDCC.
6. That the amendment to the Renewal Plan for Tax Increment Financing District C-1 is hereby officially adopted by the Board.
7. That the appropriate staff be directed to request the County Auditor and Treasurer to compute, certify and remit tax increments resulting from the development or renewal of the area in accordance with the plan and any modifications thereof, and that the County Auditor and Treasurer shall do so in accordance with this section.

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

Renewal Plan Amendment for the Great Northern Depot Tax Increment Financing District Approved (412 5th Street North):
A Hearing had been set for this day and hour to review a Renewal Plan Amendment for the Great Northern Depot Tax Increment Financing District. The purpose of the Hearing is to review a plan to amend the boundary of an existing TIF District, and remove a small parcel from the district. There is no change to activities approved by the plan.
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 Director Jim Gilmour said after the Great Northern Depot acquired this property, a small segment was sold to another property owner to the south and that small parcel has subsequently been added to another TIF District that was approved in 2015. He said this amendment eliminates the overlap and is simply a boundary amendment.

In response to a question from Commissioner Strand asking if this is the first time, subsequent to legislative action this year, that the City has formally notified parks, counties and schools of changes in TIF Districts, Mr. Gilmour said the requirement to notify all taxing jurisdictions of TIF District hearings and changes was changed two sessions ago.

Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, Certain areas within the City are in need of redevelopment in order to prevent further deterioration, to encourage investment and to preserve property values; and
WHEREAS, The Board of City Commissioners desires to avail itself of the power and authority granted by Chapter 40-58 NDCC.
NOW, THEREFORE, BE IT RESOLVED, By the Board of City Commissioners as follows:
1. That one or more slum or blighted areas, or areas consisting of industrial or commercial property, or a combination of those areas of properties, exist in the City of Fargo.
2. That the development, rehabilitation, conservation or redevelopment, or a combination thereof, of the area contained within the Renewal Plan for Tax Increment Financing District GN Depot, is necessary in the interest of public health, safety, morals or welfare of the residents of the City of Fargo and will afford maximum opportunity, consistent with the sound needs of the city as a whole, for the rehabilitation or redevelopment of the development area by private enterprise.
3. That there are no persons living in residential buildings who will be displaced by the redevelopment.
4. That the area designated as the Renewal Plan for Tax Increment Financing District GN Depot is appropriate for a development project.
5. That such development, rehabilitation, conservation or redevelopment of the area contained in the Renewal Plan for Tax Increment Financing District GN Depot requires the powers and authority granted in Chapter 40-58 NDCC.
6. That the amendment to the Renewal Plan for Tax Increment Financing District GN Depot is hereby officially adopted by the Board.
7. That the appropriate staff be directed to request the County Auditor and Treasurer to compute, certify and remit tax increments resulting from the development or renewal of the area in accordance with the plan and any modifications thereof, and that the County Auditor and Treasurer shall do so in accordance with this section.

Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Monday, July 17, 2017.

Second by Strand. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 5:49 o’clock p.m.