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Board of City Commissioners - July 31, 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 31, 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: The last two sessions of the Library’s “Meet and Greet Your City Department Leaders” are scheduled August 1st and August 10th featuring Jillian Gould, Program Coordinator for Homeless Outreach, and Dan Mahli, Community Development Administrator, respectively; Fargo Cass Public Health, the State of North Dakota and Sanford Health are exploring the funding of a mobile detox unit in Fargo which would save the Police Department many man-hours; the Water Treatment Plant construction is about two-thirds complete and on schedule to be operational in the summer of 2018; and the furthest north and furthest south water towers are being reconditioned this summer.

Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved, continuing Item No. “43b” to 5:15 p.m. on August 14, 2017, and adding an item to the end of the Regular Agenda that coincides with the awarding of the 19th Avenue Reconstruction Project.

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

Minutes Approved:
Commissioner Gehrig moved that the Minutes of the Regular Meeting of the Board held on July 17, 2017 be approved as read.

Second by Piepkorn. All the Commissioners 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:
a. Rezoning Certain Parcels of Land Lying in Pantzke Addition, Fargo, Cass County, North Dakota.
b. Amending Section 20-1005 of Article 20-10 of Chapter 20 of the Fargo Municipal Code (Land Development Code) Relating to Nonconformities.

2. Applications for property tax exemptions for improvements made to buildings:
a. Leslie and Oleg Rusakov, 3010 20th Street South (3 year).
b. Kathleen M. Beeson, 1229 3rd Street North (5 year).
c. Gary L. and Diane M. Roeder, 410 22nd Avenue North (5 year).
d. Kim M. and Beverly A. Colwell, 3520 Longfellow Road North (5 year).

3. Site Authorization for Sts. Anne & Joachim Catholic Church at Sts. Anne & Joachim Catholic Church.

4. Applications for Games of Chance:
a. Fargo North High School for a calendar raffle from 8/22/17 to 5/22/18.
b. Fargo North High School for a calendar raffle from 8/22/17 to 5/22/18.
c. Fargo Davies High School for a calendar raffle from 8/26/17 to 5/15/18.
d. Fargo Davies High School for a calendar raffle from 11/21/17 to 2/17/18.
e. Holy Spirit Catholic Church for bingo, raffle and calendar raffle from 10/1/17 to 10/29/17.
f. Friendship Inc. for a raffle on 11/3/17.
g. CHI Riverview for a raffle on 10/8/17.
h. ND Section of American Water Works Association for a raffle from 10/17/17 to 10/19/17.
i. Bethany Auxiliary for a raffle on 8/3/17.

5. Six-month extension of the Class “A” Alcoholic Beverage License for the Ground Round.

6. Authorization to Draw from Loan Agreement dated as of 7/1/17 with Wells Fargo Bank, N.A.

7. Purchase Agreement and Quitclaim Deed to Arnold Berg Jr. for the sale of property located in Tyler’s Addition in the amount of $16,500.00.

8. Contract Agreement with Patrick J.E. Thoemke to support the implementation of healthy concession stand options.

9. Bus Service Agreement with Roers Development, Inc.

10. Amendment to Joint Powers Agreement for Transit Support, Agreement for Transit Services and Bus Advertising Wrap Agreement Advertising Agreement No. 17-F09 all with NDSU.

11. Task Order No. 5 with AE2S in the amount of $52,000.00 for The Fargo Project.

12. Contract Amendment with Interface Studio LLC in the amount of up to $54,000.00 for the Downtown Master Plan.

13. Change Orders for the Roberts Commons Parking Garage:
a. No. 3 for an increase of $5,187.65.
b. No. 4 for an increase of $1,478.81.
c. No. 5 for an increase of $18,037.49.
d. No. 6 for an increase of $472.80.
e. No. 7 for an increase of $2,832.50.

14. Submission of the 2016 Consolidated Annual Performance Evaluation Report for the City’s Community Development Programs to HUD.

15. Awarding of the 2018 tree order to Bailey Nurseries, Inc. in the amount of $70,344.85 (RFP17218).

16. Change Order No. 10 for an increase of $43,831.00 for the general construction contract of Project No. WA1301.

17. Sole Source Procurement of chlorine feed equipment from Hawkins, Inc. in an amount of up to $166,991.00 for Project No. WA1301.

18. Task Order No. 96 with AE2S in the amount of $328,650.00 for Project No. WA1510.

19. Change Order No. 3 for an increase of $3,600.00 for Project No. WA1601.

20. 60-day time extension for Project No. SW17-02, Cell No. 14, 16, 17 Phase II and partial closure project at the Landfill.

21. Final Balancing Change Order No. 1 for an increase of $3,850.00 for Project No. SW16-02.

22. Agreement for Engineering Technician I contract with Matthew Licht.

23. Purchase Agreement for property at 602 Hackberry Drive South (Project No. MS-15-K0).

24. Amendment to the CIP to include Project No. UR-17-F.

25. Bid advertisements for Project Nos. FM-14-63 and UR-17-F.

26. Time Extension to 8/29/17 for Project No. FM-17-A1.

27. Early Building Permit for Border States Electric at 2400 38th Street South.

28. Setback Waiver Request for property at 301 3rd Avenue North.

29. Extension of the 2016/2017 highway deicing salt contract with Compass Minerals America, Inc. for the 2017/2018 snow season at a price of $93.34 per ton.

30. Extension of the Public Works Master Services Agreement with Kadrmas, Lee & Jackson, Inc. for an additional two years with no change in pricing.

31. Proposal from Iowa Rotocast Plastics, Inc. in the amount of $35,347.50 for fourteen condiment carts at the FARGODOME.

32. Proposal from Scenic Sign Corp. in the amount of $27,895.00 to retrofit the east side exterior sign at the FARGODOME to LED lighting.

33. Contract and bond for Project No. SN-17-A1.

34. Bills in the amount of $13,135,955.45.

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.

Final Balancing Change Order No. 1 for Improvement District No. FM-14-12 Approved:
Commissioner Piepkorn moved approval of Final Balancing Change Order No. 1 for a decrease of $30,096.98 for Improvement District No. FM-14-12.

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.

Final Balancing Change Order No. 2 for Improvement District No. BR-15-A1 Approved:
Commissioner Piepkorn moved approval of Final Balancing Change Order No. 2 for an increase of $77.96 for Improvement District No. BR-15-A1.

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.

Final Balancing Change Order No. 2 for Improvement District No. PN-15-N1 Approved:
Commissioner Piepkorn moved approval of Final Balancing Change Order No. 2 for a decrease of $7,058.60 for Improvement District No. PN-15-N1.

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.

Final Balancing Change Order No. 2 for Improvement District No. PN-15-M1 Approved:
Commissioner Piepkorn moved approval of Final Balancing Change Order No. 2 for a decrease of $65,679.81 for Improvement District No. PN-15-M1.

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.

Final Balancing Change Order No. 3 for Improvement District No. UR-16-A1 Approved:
Commissioner Piepkorn moved approval of Final Balancing Change Order No. 3 for an increase of $53,848.03 for Improvement District No. UR-16-A1.

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.

Final Balancing Change Order No. 4 for Improvement District No. BN-15-N1 Approved:
Commissioner Piepkorn moved approval of Final Balancing Change Order No. 4 for a decrease of $47,352.46 for Improvement District No. BN-15-N1.

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.

Final Balancing Change Order No. 4 for Improvement District No. PR-14-01 Approved:
Commissioner Piepkorn moved approval of Final Balancing Change Order No. 4 for a decrease of $108,198.92 for Improvement District No. PR-14-01.

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.

Final Balancing Change Order No. 4 for Improvement District No. BN-15-K1 Approved:
Commissioner Piepkorn moved approval of Final Balancing Change Order No. 4 for a decrease of $21,219.79 for Improvement District No. BN-15-K1.

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.

Final Balancing Change Order No. 6 for Improvement District No. FM-15-B1 Approved:
Commissioner Piepkorn moved approval of Final Balancing Change Order No. 6 for a decrease of $45,585.64 for Improvement District No. FM-15-B1.

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.

Amended Engineer’s Report for Improvement District No. BN-17-G Approved:
The Board received an Amended Engineer’s Report from Division Engineer Brenda Derrig for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights, Site Grading and Incidentals Improvement District No. BN-17-G.
Commissioner Piepkorn moved the Amended Engineer’s Report for Improvement District No. BN-17-G be approved.

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.

Sanitary Sewer, Water Main, Storm Sewer, Site Grading, P.C. Concrete Paving, Street Lights and Incidentals Improvement District No. BN-17-A1: Protests Received and Declared Insufficient:
The Statutory Resolution of Necessity for the construction of Sanitary Sewer, Water Main, Storm Sewer, Site Grading, P.C. Concrete Paving, Street Lights and Incidentals Improvement District No. BN-17-A1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on June 12 and 19, 2017 and protests representing 28.03 percent of the legal protest area have been received and filed in the office of the City Auditor within the legal protest period.
Commissioner Piepkorn moved the protests be received and filed and declared insufficient.

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.

Bids Received for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, P.C. Concrete Paving, Street Lights and Incidentals Improvement District No. BN-17-A1:
The bids for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, P.C. Concrete Paving, Street Lights and Incidentals Improvement District No. BN-17-A1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., July 12, 2017 and the bids were found to be as follows:

Master Construction Company, Inc. Fargo, ND
Bid: $8,044,768.45

Dakota Underground Company, Inc. Fargo, ND
Bid: $8,449,482.20

Quam Construction Willmar, MN
Bid: $8,706,568.85

Northern Improvement Company Fargo, ND
Bid: $8,715,898.80

Ryan Contracting Shakopee, MN
Bid: $8,736,620.40

Gladen Construction Inc. Laporte, MN
Bid: $9,143,267.95

Contract for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, P.C. Concrete Paving, Street Lights and Incidentals Improvement District No. BN-17-A1 Awarded to Master Construction Company, Inc. in the Amount of $8,044,768.45:
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, Site Grading, P.C. Concrete Paving, Street Lights and Incidentals Improvement District No. BN-17-A1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received July 12, 2017 for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, P.C. Concrete Paving, Street Lights and Incidentals Improvement District No. BN-17-A1 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, Site Grading, P.C. Concrete Paving, Street Lights and Incidentals Improvement District No. BN-17-A1 shows the bid of Master Construction Company Inc. of Fargo, North Dakota in the sum of $8,044,768.45 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 $8,044,768.45 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, P.C. Concrete Paving, Street Lights and Incidentals Improvement District No. BN-17-A1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Master Construction Company, Inc. for the sum of $8,044,768.45, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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

No Protests Received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights, Site Grading and Incidentals Improvement District No. BN-17-G1:
The Statutory Resolution of Necessity for the construction of Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights, Site Grading and Incidentals Improvement District No. BN-17-G1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on June 26 and July 3, 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, Site Grading and Incidentals Improvement District No. BN-17-G1.

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.

Bids Received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights, Site Grading and Incidentals Improvement District No. BN-17-G1:
The bids for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights, Site Grading and Incidentals Improvement District No. BN-17-G1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., July 26, 2017 and the bids were found to be as follows:

Ryan Contracting Shakopee, MN
Bid: $1,306,409.48

Dakota Underground Company, Inc. Fargo, ND
Bid: $1,494,058.45

Shermans LLC West Fargo, ND
Bid: $1,545,958.19

Quam Construction Willmar, MN
Bid: $1,607,004.23

Sellin Brothers, Inc. Hawley, MN
Bid: $1,632,609.12

Gladen Construction, Inc. Laporte, MN
Bid: $1,654,859.10

R.L. Larson Excavating, Inc. St. Cloud, MN
Bid: $1,721,334.02

Asplin Excavating, Inc. Fargo, ND
Bid: $1,865,840.26

Contract for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights, Site Grading and Incidentals Improvement District No. BN-17-G1 Awarded to Ryan Contracting in the Amount of $1,306,409.48:
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, Site Grading and Incidentals Improvement District No. BN-17-G1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received July 26, 2017 for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights, Site Grading and Incidentals Improvement District No. BN-17-G1 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, Site Grading and Incidentals Improvement District No. BN-17-G1 shows the bid of Ryan Contracting of Shakopee, Minnesota in the sum of $1,306,409.48 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 Ryan Contracting in the sum of $1,306,409.48 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights, Site Grading and Incidentals Improvement District No. BN-17-G1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Ryan Contracting for the sum of $1,306,409.48, 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 Street Lighting and Incidentals Improvement District No. SL-17-E1:
The Statutory Resolution of Necessity for the construction of Street Lighting and Incidentals Improvement District No. SL-17-E1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on June 26 and July 3, 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 Street Lighting and Incidentals Improvement District No. SL-17-E1.

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.
Bids Received for Street Lighting and Incidentals Improvement District No. SL-17-E1:
The bids for Street Lighting and Incidentals Improvement District No. SL-17-E1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., July 26, 2017 and the bids were found to be as follows:

Moorhead Electric Fargo, ND
Bid: $668,812.96

Fargo Electric Construction, Inc. Fargo, ND
Bid: $719,912.00

Contract for Street Lighting and Incidentals Improvement District No. SL-17-E1 Awarded to Moorhead Electric in the Amount of $668,812.96:
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 Street Lighting and Incidentals Improvement District No. SL-17-E1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received July 26, 2017 for Street Lighting and Incidentals Improvement District No. SL-17-E1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Street Lighting and Incidentals Improvement District No. SL-17-E1 shows the bid of Moorhead Electric of Fargo, North Dakota, in the sum of $668,812.96 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 Moorhead Electric in the sum of $668,812.96 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Street Lighting and Incidentals Improvement District No. SL-17-E1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Moorhead Electric for the sum of $668,812.96, 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 Street Lighting and Incidentals Improvement Distrit No. SL-17-F1:
The Statutory Resolution of Necessity for the construction of Street Lighting and Incidentals Improvement District No. SL-17-F1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on June 26 and July 3, 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 Street Lighting and Incidentals Improvement District No. SL-17-F1.

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.

Bids Received for Street Lighting and Incidentals Improvement District No. SL-17-F1:
The bids for Street Lighting and Incidentals Improvement District No. SL-17-F1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., July 26, 2017 and the bids were found to be as follows:

Fargo Electric Construction, Inc. Fargo, ND
Bid: $34,924.24

Moorhead Electric Fargo, ND
Bid: $37,683.00

Contract for Street Lighting and Incidentals Improvement District No. SL-17-F1 Awarded to Fargo Electric Construction, Inc. in the Amount of $34,924.24:
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 Street Lighting and Incidentals Improvement District No. SL-17-F1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received July 26, 2017 for Street Lighting and Incidentals Improvement District No. SL-17-F1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Street Lighting and Incidentals Improvement District No. SL-17-F1 shows the bid of Fargo Electric Construction, Inc. of Fargo, North Dakota in the sum of $34,924.24 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 Fargo Electric Construction, Inc. in the sum of $34,924.24 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Street Lighting and Incidentals Improvement District No. SL-17-F1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Fargo Electric Construction, Inc. for the sum of $34,924.24, 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 Street Lighting and Incidentals Improvement District No. SL-17-G1:
The Statutory Resolution of Necessity for the construction of Street Lighting and Incidentals Improvement District No. SL-17-G1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on June 26 and July 3, 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 Street Lighting and Incidentals Improvement District No. SL-17-G1.

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.

Bids Received for Street Lighting and Incidentals Improvement District No. SL-17-G1:
The bids for Street Lighting and Incidentals Improvement District No. SL-17-G1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., July 26, 2017 and the bids were found to be as follows:

Fargo Electric Construction, Inc. Fargo, ND
Bid: $22,019.82

Moorhead Electric Fargo, ND
Bid: $25,131.50

Contract for Street Lighting and Incidentals Improvement District No. SL-17-G1 Awarded to Fargo Electric Construction, Inc. in the Amount of $22,019.82:
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 Street Lighting and Incidentals Improvement District No. SL-17-G1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received July 26, 2017 for Street Lighting and Incidentals Improvement District No. SL-17-G1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Street Lighting and Incidentals Improvement District No. SL-17-G1 shows the bid of Fargo Electric Construction, Inc. of Fargo, North Dakota in the sum of $22,019.82 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 Fargo Electric Construction, Inc. in the sum of $22,019.82 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Street Lighting and Incidentals Improvement District No. SL-17-G1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Fargo Electric Construction, Inc. for the sum of $22,019.82, 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 Sanitary Sewer Force Main and Incidentals Improvement District No. UN-15-B1:
The Statutory Resolution of Necessity for the construction of Sanitary Sewer Force Main and Incidentals Improvement District No. UN-15-B1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on June 26 and July 3, 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 Force Main and Incidentals Improvement District No. UN-15-B1.

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.

Bids Received for Sanitary Sewer Force Main and Incidentals Improvement District No. UN-15-B1:
The bids for Sanitary Sewer Force Main and Incidentals Improvement District No. UN-15-B1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., July 26, 2017 and the bids were found to be as follows:

Master Construction Company, Inc. Fargo, ND
Bid: $1,424,190.00

KPH, Inc. Kindred, ND
Bid: $1,482,297.00

George E. Haggart, Inc. Fargo, ND
Bid: $1,495,850.00

Quam Construction Willmar, MN
Bid: $1,677,209.75

Dakota Underground Company, Inc. Fargo, ND
Bid: $1,921,695.00

Contract for Sanitary Sewer Force Main and Incidentals Improvement District No. UN-15-B1 Awarded to Master Construction Company, Inc. in the Amount of $1,424,190.00:
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 Sanitary Sewer Force Main and Incidentals Improvement District No. UN-15-B1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received July 26, 2017 for Sanitary Sewer Force Main and Incidentals Improvement District No. UN-15-B1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Sanitary Sewer Force Main and Incidentals Improvement District No. UN-15-B1 shows the bid of Master Construction Company, Inc. of Fargo, North Dakota in the sum of $1,424,190.00 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 $1,424,190.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Sanitary Sewer Force Main and Incidentals Improvement District No. UN-15-B1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Master Construction Company, Inc. for the sum of $1,424,190.00, 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.

Infrastructure Request for Cottagewood Third Addition Approved:
The Board received a communication from the Public Works Evaluation Committee (PWPEC) regarding a request for infrastructure to service Cottagewood Third Addition. They said they are recommending approval of the request due to the fact that the owner, J&O Real Estate, intends to privately design the project which will be publicly bid and inspected by the City for the 2017/2018 construction season.
Commissioner Piepkorn moved the infrastructure request for service to Cottagewood Third Addition be approved.

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.

Sanitary Sewer, Water Main, Storm Sewer, Asphalt Pavement, Concrete Curb and Gutter, Street Lighting and Incidentals Improvement District No. BN-17-H (Cottagewood Third Addition):
The Board received a communication from Division Engineer Brenda Derrig stating J&O Real Estate is the sole owner of Cottagewood Third Addition and is requesting a Waiver of Protest Agreement. She said the purpose of the request is to move up the bidding process to allow for increased construction progress this year.
Commissioner Piepkorn moved the following action be taken in connection with Sanitary Sewer, Water Main, Storm Sewer, Asphalt Pavement, Concrete Curb and Gutter, Street Lighting and Incidentals Improvement District No. BN-17-H:

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

50th Avenue South between 51st Avenue South and 38th Street South.

COMPRISING:
Lots 1 through 19, Block 1.
Lots 1 through 20, Block 2.

All platted within Cottagewood Third Addition

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

NOW, THEREFORE, BE IT RESOLVED, That Sanitary Sewer, Water Main, Storm Sewer, Asphalt Pavement, Concrete Curb and Gutter, Street Lighting and Incidentals Improvement District No. BN-17-H in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. BN-17-H:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-17-H in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $1,328,164.63.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-17-H:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-17-H in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. BN-17-H in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Sanitary Sewer, Water Main, Storm Sewer, Asphalt Pavement, Concrete Curb and Gutter, Street Lighting and Incidentals Improvement District No. BN-17-H: Resolution Adopted, Determining that a Waiver of Protest has Been Received Eliminating the 30-Day Waiting Period Required by a Resolution of Necessity:
WHEREAS, Sanitary Sewer, Water Main, Storm Sewer, Asphalt Pavement, Concrete Curb and Gutter, Street Lighting and Incidentals Improvement District No. BN-17-H was created for the purpose of installing improvements in Cottagewood Third Addition to the City of Fargo; and
WHEREAS, J&O Real Estate, LLC, is the sole owner of the area of the property included within the district; and
WHEREAS, Section 40-22-15, NDCC, requires a resolution of necessity for such improvements unless a written petition for such improvement is received by the owners of a majority of the area of the property included in the district.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners of the City of Fargo hereby determines that a written petition for the improvement to be constructed pursuant to Special Assessment District No. BN-17-H has been received from J&O Real Estate, LLC and that such petition has been signed by the owners of a majority of the area of property included within the district and that the improvement may be constructed without the adoption and publication of a resolution declaring the improvements necessary.

Direct City Auditor's Office to Call for Bids for Improvement District No. BN-17-H:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BN-17-H in the City of Fargo, North Dakota.

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.

Contract for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-A1 Approved:
Commissioner Piepkorn moved approval of the Contract between the City of Fargo and Adelman Concrete and Excavating, Inc. for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-A1 in the City of Fargo, North Dakota.

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.

Contract Bond for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-A1 Approved:
Commissioner Piepkorn moved approval of the following described Contract Bond as to sufficiency:
Granite Re, Inc., in the amount of $274,039.00, for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-A1 in the City of Fargo, North Dakota.

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.

Contract for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, P.C. Concrete Paving, Street Lighting and Incidentals Improvement District No. BN-17-A1 Approved:
Commissioner Piepkorn moved approval of the Contract between the City of Fargo and Master Construction Company for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, P.C. Concrete Paving, Street Lighting and Incidentals Improvement District No. BN-17-A1 in the City of Fargo, North Dakota.

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.

Contract Bond for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, P.C. Concrete Paving, Street Lighting and Incidentals Improvement District No. BN-17-A1 Approved:
Commissioner Piepkorn moved approval of the following described Contract Bond as to sufficiency:
Western Surety Company, in the amount of $8,044,768.45, for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, P.C. Concrete Paving, Street Lighting and Incidentals Improvement District No. BN-17-A1 in the City of Fargo, North Dakota.

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.

Contract for Traffic Signal Improvements and Incidentals Improvement District No. TN-16-F1 Approved:
Commissioner Piepkorn moved approval of the Contract between the City of Fargo and Strata Corporation for Traffic Signal Improvements and Incidentals Improvement District No. TN-16-F1 in the City of Fargo, North Dakota.

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.

Contract Bond for Traffic Signal Improvements and Incidentals Improvement District No. TN-16-F1 Approved:
Commissioner Piepkorn moved approval of the following described Contract Bond as to sufficiency:
Western Surety Company, in the amount of $434,393.85, for Traffic Signal Improvements and Incidentals Improvement District No. TN-16-F1 in the City of Fargo, North Dakota.

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.

Update on the Cass Clay Food Commission and the Restructuring of the Cass Clay Food Partners:
Kim Lipetzky, Fargo Cass Public Health, and Megan Myrdal, Project Coordinator of the Cass Clay Food Commission, presented an update on the Cass Clay Food Commission, which has worked to advise elected officials and city and county staff on ways of increasing access to safe, nutritious and affordable food in the Fargo-Moorhead area. They said with the significant growth experienced in the local food system, there is a need for more collaboration and partnerships. They said the Cass Clay Food Systems Initiative will become the Cass Clay Food Partners and will include a steering committee comprised of government agencies and local food system experts, the Cass Clay Food Commission, a local policy board representing jurisdictions in the Fargo-Moorhead area and the Cass Clay Food Action Network, made up of community organizations and individuals working to accelerate food system progress. They also provided information on blueprints developed to-date that included community and residential gardens, farmer’s markets, cottage food laws, backyard season extenders, composting, chicken keeping, beekeeping and gleaning.

In response to a question from Commissioner Piepkorn regarding the involvement of local grocery stores, Ms. Myrdal said there have been grocers involved, including the Prairie Roots Coop; however, no grocery owners or managers are involved at this time.

Commissioner Piepkorn said grocers should be involved due to the fact that grocery stores are where most people get their food. He said grocers should be encouraged to use local products.

Commissioner Strand said the Cass Clay Food Commission has some great concepts in the works and he cannot wait until they get to the City Commission level so the Commissioners can act on them due to the fact they will have a profound effect on so many people.

Parcels of Land in Osgood Townsite Sixth Addition Rezoned (4575 45th Street South):
At a Hearing held on July 6, 2017 the Fargo Planning Commission recommended approval of a change in zoning from MR-1, Multi-Dwelling Residential to P/I, Public and Institutional with a C-O, Conditional Overlay on Lot 3, Block 1, Osgood Townsite Sixth Addition.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Planning Administrator Nicole Crutchfield said the land to be rezoned is at 4575 45th Street South and the prime reason for the rezoning is electronic signage for a church. She said P/I is the most suitable zoning request and although a church can go in any zoning district, a P/I also allows industrial and manufacturing and since the church is close to residential housing, a Conditional Overlay was added.

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 Rezoning Certain Parcels of Land Lying in Osgood Sixth 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 Osgood Sixth Addition to the City of Fargo, Cass County, North Dakota 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.

Hearing on a Petition for a Zoning Change in Osgood Townsite Fifteenth Addition Continued to August 14, 2017 (5050 47th Street South):
This was the time and date set for a Hearing on a petition for a zoning change from LC, Limited Commercial, to LC, Limited Commercial with a PUD, Planned Unit Development Overlay and a Planned United Development Master Land Use Plan for Lot 2, Block 1 of Osgood Townsite Fifteenth Addition; however, the applicant has requested that the Hearing be continued.
Commissioner Grindberg moved the Hearing be continued to 5:15 o’clock p.m., Monday, August 14, 2017.

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 Dewitts Addition Rezoned and a Planned Unit Development Master Land Use Plan Approved (308 9th Avenue North):
At a Hearing held on July 6, 2017 the Fargo Planning Commission recommended approval of a change in zoning from MR-2, Multi-Dwelling Residential to SR-5, Single-Dwelling Residential with a PUD, Planned Unit Development Overlay and a Planned Unit Development Master Land Use Plan for the West 65 feet of Lot 1, Block 2 of Dewitts Addition.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Planning Administrator Nicole Crutchfield said the applicant, Lake Agassiz Habitat for Humanity, intends to build a single-family home on the property. She said previously a single family detached home was located on the site; however, a permit for demolition was issued for the property in February 2017 and the previous structure was non-conforming based on dimensional standards of the Land Development Code (LDC), specifically setbacks. She said due to the non-conformity and the timing of demolition, a new structure could not be rebuilt in the same footprint and due to the setbacks of the MR-2 and the size of the lot, the property is unbuildable. She said the applicant has applied for a zoning map amendment and PUD overlay in order to tailor development standards to the specifics of the proposed project.

Commissioner Strand 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.

Second by Grindberg. On the vote being taken on the question of the adoption of the Resolution Commissioners Strand, Grindberg, Gehrig, 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 Dewitts Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Strand 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 Dewitts Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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.

City of Fargo’s Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2017 Approved:
A Hearing had been set for this day and hour to consider the City’s Section 5307 Federal Transportation Administration grant preliminary Program of Projects for 2017.
The Board determined that there have been no written or verbal protests and no one is present to protest thereto.

Assistant Transit Director Matthew Peterson said the Federal Transit Administration will make operating grant funds available to the City of Fargo in the amount of $2,397,121.00 to be used for the transit system. He said the Program of Projects was developed by the Transit Division to be submitted and executed with the application for the funds and the Program of Projects requires a public hearing.

In response to a question from Commissioner Gehrig as to what portion of the funds are matched by the City, Mr. Peterson said it depends on the project; however, the match portion is factored into Transit’s budget, which has already been approved.
Commissioner Grindberg moved the Program of Projects for 2017 and the Federal Transit Grant Award of $2,397,121.00 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.

Application Filed by BNG Holdings, Inc. for a Five-Year Property Tax Exemption Approved:
A Hearing had been set for this day and hour on an application filed by BNG Holdings, Inc. for a five-year property tax exemption for a new building at 3285 47th Street South where the applicant will provide payment processing services and create payment technology software and web services.
No written protests have been filed for the attention of the Board.
The Board determined that no person is present at this Hearing to protest or offer objection thereto.

Finance Director Kent Costin said the application was reviewed by the Tax Exempt Committee, which determined BNG Holdings, Inc. has primary sector designation, has met the point scale requirements and there were no policy concerns.

Commissioner Piepkorn said BNG Holdings is a local technology company founded by NDSU students. He said it is a booming company and this exemption will allow the company to expand and offer high-paying jobs. He said it is an excellent project and will keep the company in Fargo.

In response to a question from Commissioner Gehrig about the history of the business and how the tax exemption will help the business, Tyler Buechler of BNG Holdings, Inc., said he has been with the company for 10 years. He said he and two others started the business and today they have 42 employees and are growing. He said the exemption would mean a lot to their company and would allow them to expand and hire another 10 to 15 employees over the next two years. Without the exemption, he said, the hiring pace would be much slower.

Commissioner Gehrig thanked Mr. Buechler and congratulated him on his business’ success; however, he said, he will be voting no. He said there are many companies in Fargo similar to BNG Holdings that are struggling to get by and when the City offers an incentive to one and not to the other, the City is helping one company succeed and harming the others due to the fact that the other companies end up paying more taxes.

Commissioner Strand commended the Tax Exempt Review Committee for building in the wage scale. He said with BNG Holdings, there will be fifteen new jobs well above $15.00 an hour and eight jobs at more than $35.00 an hour. He said a great measure going forward should be when businesses access public funds, they must offer a living wage.

Commissioner Gehrig said it is good to have a wage built into the scale; however, if the amount of employees in the application are not hired or hired at a lower rate, the Commission should be made aware of that so it can get back some of the exemption. He said the Commission is basing its decision on those numbers, and many times companies have not hired that amount of people, yet they received all of the exemptions there were promised.

Commissioner Piepkorn said the Tax Exempt Committee randomly selects and monitors companies that receive the exemption to make sure they are fulfilling what they put on the application; however, the Committee could do a better job.
Commissioner Piepkorn moved that the application filed by BNG Holdings, Inc. for a five-year property tax exemption pursuant to Chapter 40-57.1, NDCC be approved.

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

Application Filed by 1023 Flats for Payment in Lieu of Tax Exemption (PILOT) Approved:
A Hearing had been set for this day and hour on an application filed by 1023 Flats for payment in lieu of property tax exemption for a project at 1023 1st Avenue South where the applicant will operate a rental property.
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.

Finance Director Kent Costin said this new downtown apartment project was approved for a 10-year PILOT by the City Commission in February 2017; however, the projected design has changed so a new application was required. He said an additional floor will be added from the original design and there will be 14 apartment units. He said the original design was for 10 apartment units.

Commissioner Piepkorn said he recently helped his son look for an apartment in Downtown Fargo and a single bedroom apartment rents for $1,100.00. He said this is the last PILOT for an apartment building he will support. He said fortunately people want to live Downtown and are willing to pay more; however, the City Commission needs to make a concerted effort for low-income housing Downtown. He said it does not make any sense for the City Commission to subsidize these projects and the Board needs to find out what low-income rates are and what is required.

Commissioner Strand said he is not a fan of PILOTs for apartments if they are going to be built Downtown. He said the City Commission needs to require affordability components due to the fact that people are being forced out of Downtown. He said it is not the job of city government to help someone’s profit margins. If the public component of a PILOT is affordable housing or affordable rental space for business that is for the public good, he said he is all for it.

In response to a question from Commissioner Strand regarding the new state law about tax exemptions and notifying other taxing authorities, Commissioner Grindberg said the new law does not go into effect until August 1st; therefore, a vote tonight is permitted.
Commissioner Piepkorn moved that the application filed by 1023 Flats for a ten-year payment in lieu of tax exemption pursuant to Chapter 40-57.1, NDCC be approved as follows:

Year 0 through 5 - $0
Year 6 through 10 - $7,646.00

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

Application to Transfer the Alcoholic Beverage License from Lone Star Steakhouse d/b/a Lone Star Steakhouse to David Schlossman d/b/a David Schlossman Denied: Six-Month Extension of the Class “FA” Alcoholic Beverage License for the Lone Star Steakhouse Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "FA" Alcoholic Beverage License from Lone Star Steakhouse d/b/a Lone Star Steakhouse to David Schlossman d/b/a David Schlossman to be located at 1535 University Drive South, notice of which had been duly published in the official newspaper for the City of Fargo.

City Auditor Steve Sprague said the Auditor’s office received a request to transfer the Lone Star Steakhouse Class “FA” Alcoholic Beverage License to David Schlossman who would hold the license and later transfer it to another party. He said Mr. Schlossman passed all of the background and criminal checks; however, he does not plan to operate a restaurant himself. He said Mr. Schlossman wants to use the license as an enticement for a restaurant to locate in Fargo. He said the Liquor Control Board was not comfortable recommending approval to transfer a license that would not be used for its intended purpose and the Board recommends denial. He said the Liquor Control Board did approve an extension of time for Mr. Schlossman to find a restaurant to whom the license could be transferred.

In response to a question from Commissioner Strand as to the value of this type of license, Mr. Sprague said the City sells the “FA” licenses for $100,000.00. He said Mr. Schlossman would work out an arrangement between Lone Star and whomever would end up with this license that the license would be deeply discounted. He said instead of paying $100,000.00 for a new license, the new restaurant would only pay the $1,700.00 transfer fee due to the fact that Lone Star has already paid the annual fee.
Commissioner Gehrig moved the transfer be denied, granting a six-month extension of the Class “FA” Alcoholic Beverage license for Lone Star Steakhouse.

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.

Application Filed by R & R LLC d/b/a Reese Riley Bistro for a Class “GH” Alcoholic Beverage License Denied:
A Hearing had been set for this day and hour on the application filed by R & R LLC d/b/a Reese Riley Bistro for a Class "GH" Alcoholic Beverage License at 2653 45th Street South, notice of which had been duly published in the official newspaper for the City of Fargo.

City Auditor Steve Sprague said the credit history check of the owner, Christine Deibel, revealed a bankruptcy in 2012 and a criminal history check revealed an ongoing criminal case in which she was charged with felony vehicle theft. He said the felony case is pending with a court date in September 2017. He said there was a split vote on the Liquor Control Board and denial was recommended. He said if the Board issued the license and she ended up being charged out as a felon, the Board would have to go through the revocation process. He said proponents for issuing the license stated one is innocent until proven guilty.

Commissioner Grindberg moved to delay action on the license until the first City Commission meeting in October.
Second by Strand.

Commissioner Piepkorn said if the City Commission votes to deny the license, Ms. Deibel can apply again. He said the criminal history check showed two felonies and that was what was concerning to the Liquor Control Board members.

Commissioner Gehrig stated there is no need to delay the action due to the fact that the applicant has had liquor licenses elsewhere and she can always come back to the Liquor Control Board and reapply.

Commissioner Grindberg withdrew his motion.
Commissioner Grindberg moved the application be denied.

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.

Resolution Approving the Issuance of Health Facilities Revenue and Revenue Refunding Bonds by the Colorado Health Facilities Authority for the Benefit of the Evangelical Lutheran Good Samaritan Society:
A Hearing had been set for July 17, 2017 on a Resolution Approving the Issuance of Health Facilities Revenue and Revenue Refunding Bonds by the Colorado Health Facilities Authority for the Benefit of the Evangelical Lutheran Good Samaritan Society.
At the July 17, 2017 meeting, the Hearing was continued to this date and hour.

Finance Director Kent Costin said this hearing is solely an accommodation by the City to satisfy the requirements of Section 147(f) of the Internal Revenue Service Code and approval does not impose any liability on the City or in any way involve the City. He said the hearing is also notification to the City that there is construction ongoing in the City, and that the construction project of a senior care facility at 4502 37th Avenue South is being financed by tax-exempt revenue bonds.
Commissioner Grindberg moved the Resolution entitled “Resolution Approving the Issuance of Health Facilities Revenue and Revenue Refunding Bonds by the Colorado Health Facilities Authority for the Benefit of the Evangelical Lutheran Good Samaritan Society” and referred to as Attachment “A,” be adopted and attached hereto.

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

Resolution Authorizing the Issuance of Refunding Improvement Bonds, Series 2017C, Approving Certain Actions, Awarding the Sale Thereof and of the Warrants Related Thereto, Prescribing the Terms and Covenants Thereof, and Creating a Fund for the Payment Thereof: Resolution Creating the Funds of Improvements Districts, Providing for and Appropriating Special Assessments for the Support and Maintenance of Said Funds, and Authorizing the Issuance of Improvement Warrants (Series 2017C) Thereon:
Finance Director Kent Costin said the City of Fargo entered the bond market today with two bond issues. He said the first is for $38,000,000.00 for reimbursement of costs for infrastructure project costs financed by special assessments. He said the Series D bond is a refinancing issue from an existing bond issue. He said this was an opportunity to save the City about $700,000.00. He stated there was more than a degree of risk with interest rates going up and a lot of competition for the bonds. He said Moody’s credit report for the City shows strong confidence in the City’s management team and the way City finances are handled.

Terry Heaton, Client Representative with Springsted, Inc., said 10 bids were received for the Series 2017C for $39,830,000.00. She said 10 bids is a high number and there is lot of interest in Fargo bonds. She said the low bid came from Robert Baird and Company with an interest rate of 3.0495 percent for a 25-year bond. She said the estimate a month ago was 3.21 percent. The Series D bonds were refinanced to save money, she said, and there were four bids with the low bid from Wells Fargo Bank with an interest rate of 2.9799 percent for a 21-year bond. She said the estimate a month ago was 3.027 percent. She said the refinancing bond will save the City about $760,000.00. She said Fargo has a glowing credit history and healthy reserves, strong management practices and policies and the City should be very proud of its AA1 credit rating.

In response to a question from Commissioner Strand about lowering special assessments, Mr. Costin said there is no requirement in state law for these funds to be used to lower special assessments. He said another reason is there is still uncertainty in the markets.
Commissioner Piepkorn moved the Resolutions entitled “Resolution Authorizing the Issuance of Refunding Improvement Bonds, Series 2017C, Approving Certain Actions, Awarding the Sale Thereof and of the Warrants Related Thereto, Prescribing the Terms and Covenants Thereof, and Creating a Fund for Payment Thereof,” and “Resolution Creating the Funds of Improvements Districts, Providing for and Appropriating Special Assessments for the Support and Maintenance of Said Funds, and Authorizing the Issuance of Improvement Warrants (Series 2017C) Thereon,” referred to as “Attachments B and C” be adopted and attached hereto.

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

Resolution Authorizing the Issuance of Refunding Improvement Refunding Bonds, Series 2017D Approving Certain Actions, Awarding the Sale Thereof, Providing for the Transfer of the Warrants Related Thereto, Prescribing the Terms and Covenants Thereof, and Creating a Fund for the Payment Thereof:
Commissioner Piepkorn moved the Resolution entitled “Resolution Authorizing the Issuance of Refunding Improvement Refunding Bonds, Series 2017D Approving Certain Actions, Awarding the Sale Thereof, Providing for the Transfer of the Warrants Related Thereto, Prescribing the Terms and Covenants Thereof, and Creating a Fund for the Payment Thereof,” and referred to as "Attachment D” be adopted and attached hereto.

Discussion About Broadway Parking Islands:
Commissioner Piepkorn said the discussion is in keeping with Downtown planning and the possibility of bump outs on Broadway. He said he is encouraging the Planning staff to work on the idea. He said he would like to see a type of “Adopt a Bump Out” program, similar to the “Adopt a Highway” program.

Planning Administrator Nicole Crutchfield said this idea is part of the Downtown In Focus plan. She said the Planning team would like to see these areas, also known as parklets, added for more outside dining along with fire pits, lounge areas, benches, gardening areas and more. She said before anything could be started there are many priorities and conflicts of policies to work out. She said she hopes the City Commission will get behind a common vision for this and then Planning will work out the logistics and finalize the draft of the Downtown Plan, hopefully with a few more public input opportunities.

Commissioner Piepkorn said this is very preliminary and there are many details to work out; however, there is also a lot of potential and he thinks people will be interested.

Ms. Crutchfield said this will be not be easy due to the fact that there are many things to consider such as Public Works for snow clearing, alcohol licenses, bids, smoking ordinances and others. She said the Planning Department will research what other cities have done.

Update from the Human Relations Commission on Hate Speech and Crimes:
Commissioner Strand said the Human Relations Commission has been working on the issue of hate speech and hate crimes for some time and deciding what avenues to explore going forward in moments when issues such as the recent incident in Fargo when a white woman confronted three young Somalian women in the Walmart parking lot. He said he believes problems create opportunity and these are the moments that can help define ourselves.

Barry Nelson, Project Coordinator with the Human Relations Commission, said in order to properly address hate crime, the City needs to create awareness and people need to know there will be recourse. He said he was shocked to read North Dakota is the second highest in hate crimes in the nation. He said in light of the recent incident, he asked if there should be a City ordinance or a state law adopted regarding hate speech and hate crimes. He said he had met recently with a hate crime victim and learned there are many more incidents of harassment; however, people are afraid and do not report the incidents. He said he will propose a campaign of support to pass a hate crime law and he encouraged leaders to proclaim zero tolerance in the community.

Rachel Hoffman, Chairwoman of the Human Relations Commission, said community conversations should continue. She said there will be an event at 5:30 p.m. on August 2nd in the Fargo City Plaza to support victims and raise awareness and funds.

Mayor Mahoney said the Human Relations Commission needs to work on how to make sure the community feels safe. He said fear is hard to get rid of and the community is fearful.

Hukan Abdullahi of the Afro American Development Association and Abdiwali Sharif, Fargo, also spoke about hostile incidents against refugees and immigrants.

Purchase Agreement and Agreement Regarding Special Assessments with Montplaisir Ag and Rental, LLP Approved:
Division Engineer Brenda Derrig said the agreement is to purchase the right-of-way that will support the 19th Avenue North Reconstruction Project and the Mid-America Steel buildout, along with the corridor that will bring the City’s sanitary sewer to the connection point for West Fargo and Mid-America Steel. She said the City has been working diligently with the landowner on this purchase agreement. She said the agreement also includes a deferral agreement due to the fact that this is still agricultural land, which the owner wants to retain until the development begins. She said the bids are ready for the 19th Avenue North project, Engineering got a good price for the project and they are ready to move forward.

Commissioner Piepkorn said he is not comfortable with last minute items; however, even though this is a deferral it will not last long once construction begins.
Commissioner Gehrig moved the Purchase Agreement and Agreement Regarding Special Assessments with Montplaisir Ag and Rental, LLP be approved.

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.

Commissioner Grindberg moved that the Board adjourn to 5:00 o’clock p.m., Monday, August 14, 2017.

Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:22 o’clock p.m.