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Board of City Commissioners - June 5, 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, June 5, 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 Library’s annual Summer Reading Program runs through August 5th and this year’s theme is “Build a Better World;” Fargo had an estimated population of 120,762 as of July 1, 2016, a one-year increase from 2015 of 2,220 people; six new police officers were sworn in on May 22nd; narcotics detectives worked a case recently which resulted in the seizure of carfentanyl, a deadly elephant tranquilizer; the Police Department worked a kidnapping case recently and worked with other law enforcement entities to help bring the situation to a successful end; and the City of Fargo’s new website launched on May 31st and is the culmination of four years of discussions, planning and implementation work by many people.

Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved, moving Item Nos. “2” and “18” from the Consent Agenda to the Regular Agenda and continuing Item No. “38a” to 5:15 p.m. on June 19, 2017.

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

Minutes Approved:
Commissioner Piepkorn moved that the Minutes of the Regular Meeting of the Board held on May 22, 2017 be approved as read.

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

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

1. Receive and file Summons and Complaint in the matter of Northern States Power Company v. Montplaisir Ag and Rental, LLP, et al.
2. Preliminary Resolution Approving the Financing of the Block Nine Project, The Issuance of Annual Appropriation Bonds and the Amendment of the Development Agreement - Taxable Series 2017B (Block Nine Project) (moved to the Regular Agenda).
3. 2017 CLG grant award from the State Historical Society of ND in the amount of $9,000.00 (Grant #38-17-141296-27).
4. Site Authorization for West Fargo Hockey Association at Fort Noks.
5. Applications for Games of Chance:
a. Kringen Club, Inc. for bingo from 7/1/17 to 6/30/18.
b. Sarah Talle Benefit for a raffle on 7/28/17; Public Spirited Resolution.
c. United Way of Cass-Clay for a raffle on 6/16/17.
d. North Dakota Horse Park Foundation for a calendar raffle from 7/15/2017 to 8/22/17; Public Spirited Resolution.

6. Notice of Grant Award with the ND Department of Health for Public Water Supply Supervision Program (CFDA No. 66.605).
7. Notice of Grant Awards with the ND Department of Health for Public Health Emergency Preparedness (CFDA Nos. 93.069).
8. Contract amendment with the ND Department of Commerce in the amount of $2,700.00 for funds to support operational expenses at the Gladys Ray Shelter.
9. Submittal of an application to the US Department of Justice – Office of Community Oriented Policing Services requesting grant funding for two police officer positions for 2017.
10. RFP for soft drink and bottled water supply services for the Civic Auditorium (RFP17173).
11. Adopt Resolutions Approving the following Plats:
a. Osgood Townsite Fifteenth Addition (Attachment “A”).
b. BNG Addition (Attachment “B”).

12. Bid award to M.J. Dalsin Co. of ND, Inc. in the amount of $681,000.00 for roof replacement at the existing Water Treatment Plant (Project No. WA1707).
13. Change Order No. 3 for a decrease of $44,218.00 with Maquire Iron, Inc. for Project No. WA1503.
14. Change Orders for Project No. WA1601:
a. No. 1 for an increase of $5,300.00 with TMI Coatings, Inc.
b. No. 2 for an increase of $323,500.00 with TMI Coatings, Inc.

15. Memorandum of Offer to Landowner for Permanent and Temporary Easements with Megan N. and Ryan J. Ditterick for Project No. FM-15-K0.
16. Street Closure Permit for the Moorhead Business Association to close the 1st Avenue North bridge over the Red River on September 7, 2017 for a community event.
17. Encroachment Agreement with Next Millennium Partners, LLP (Dawson Insurance) at 721 1st Avenue North.
18. Encroachment Agreement with Juice It, LLC at 64 Broadway (moved to the Regular Agenda).
19. Reimbursement Agreement for Utility Infrastructure with Consolidated Communications Enterprise Services, Inc. (Project No. FM-15-B2).
20. Change Order No. 1 for an increase of $17,000.00 with AE2S for Consultant Services for Project No. MS-15-P0.
21. Final Balancing Change Order No. 6 for a decrease of $41,842.40 for Project No. FM-14-03.
22. Time extension of an additional 30 days and a maximum width designation of 54.5 feet for a home move (Project No. HD-17-A1).
23. Contract Amendment No. 1 for an increase of $102,408.95 with the Flint Group (Project No. MS-16-F0).
24. Alley Maintenance and Developer Agreements with the North Dakota State University Foundation and Alumni Association for the NDSU Foundation Addition.
25. Bid award to ICS, Inc. in the amount of $1,690,691.70 for Project No. FM-15-J1.
26. Bills in the amount of $5,228,141.74.

Second by Gehrig. On call of the roll Commissioners Strand, Gehrig, Grindberg, 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 Professional Associates LLC Approved (Improvement District No. BR-17-C1):
Commissioner Strand moved the Memorandum of Offer to Landowner for a temporary easement with Professional Associates LLC Improvement District No. PR-17-A be approved.

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

Amendment to the 2017 Capital Improvement Plan Approved:
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) regarding revisions to the 2017 Capital Improvement Plan (CIP) to include the addition of Improvement District No. BN-16-H1 (53rd Avenue South between 52nd Avenue South and 63rd Street South). They said the project was originally included in the 2016 CIP; however, due to the Department’s workload, it was postponed to the 2017 construction year.
Commissioner Strand moved the amendment to the 2017 Capital Improvement Plan adding Improvement District No. BN-16-H1 be approved.

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

Urban Agreement for Construction of Federal Aid Project Title II Safety Program Approved (Improvement District No. BN-17-B2):
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) regarding two construction projects on 19th Avenue North, including one from I-29 to 45th Street and one from 45th Street to 57th Street. As part of this work, they said, 45th Street will be reconstructed from 16th Avenue North to 19th Avenue North and the railroad crossing will be reconstructed. The work is eligible for federal aid, with the split 90 percent federal and 10 percent local, they said, and the project cost is $416,747.00 with the federal share being $375,072.00 and the local share being $41,675.00, which will be special assessed.
Commissioner Strand moved the Urban Agreement for Construction of Federal Aid Project Title II Safety Program Improvement District No. BN-17-B2 be approved.

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

Temporary Pavement Markings to Provide Diagonal Stalls between Broadway and 4th Street on 4th Avenue North Approved (Improvement District No. BR-17-F1):
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) recommending the temporary modification of pavement markings to provide diagonal stalls between Broadway and 4th Street on 4th Avenue North while continuing to accommodate left turns at both intersections.

Commissioner Strand moved the temporary pavement markings to provide diagonal stalls between Broadway and 4th Street on 4th Avenue North Improvement District No. BR-17-F1 be approved.

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

Adopt Resolution Declaring Broadway Interceptor Wet Weather Improvements – Phase III Necessary (Improvement District No. NR-17-B):
The Board received a communication from Wastewater Utility Director Jim Hausauer stating the original request to call for bids for Improvement District No. NR-17-B was approved by the City Commission on April 24, 2017. After the approval, staff discovered an error with the original agenda item and the Resolution of Necessity was not included, therefore was not approved. The bid opening was moved from May 31, 2017 to June 14, 2017 to accommodate the required two consecutive publication dates on June 6th and 12th.

Commissioner Strand offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Broadway Interceptor Wet Weather Improvements – Phase III Improvement District No. NR-17-B in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection.

That a portion of said Broadway Interceptor Wet Weather Improvements – Phase III improvement is to be paid from Wastewater Infrastructure Sales Tax and approximately 4.86% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

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

Wastewater Consulting Services Task Order No. 74 for Improvement District No. NR-17-B Approved:
The Board received a communication from the Public Works Projects Evaluation Committee stating this project is part of the Broadway Interceptor Sanitary Sewer Overflow Reduction Project. The FEMA funding formula is 75% Federal, 10% state and 15% local, with the local share coming from the Wastewater Infrastructure Sales Tax, they said.
Commissioner Strand moved the Wastewater Consulting Services Task Order No. 74 for Improvement District No. NR-17-B be awarded to AE2S in the amount of $460,000.00.

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

Street Reconstruction, Railroad Crossing Surface Replacement and Incidentals Improvement District No. BR-17-E1: Protests Received and Declared Insufficient:
The Statutory Resolution of Necessity for the construction of Street Reconstruction, Railroad Crossing Surface Replacement and Incidentals Improvement District No. BR-17-E1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on May 1 and May 8, 2017 and protests representing 11 percent of the legal protest area have been received and filed in the office of the City Auditor within the legal protest period.
Commissioner Strand moved the protests be received and filed and declared insufficient.

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

Bids Received for Street Reconstruction, Railroad Crossing Surface Replacement and Incidentals Improvement District No. BR-17-E1:
The bids for Street Reconstruction, Railroad Crossing Surface Replacement and Incidentals Improvement District No. BR-17-E1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., May 31, 2017 and the bids were found to be as follows:

Northern Improvement Company Fargo, ND
Bid: $544,293.35

Master Construction Company, Inc. Fargo, ND
Bid: $592,940.65

Dakota Underground Company, Inc. Fargo, ND
Bid: $602,478.74

Opp Construction, LLC Fargo, ND
Bid: $628,801.66

Strata Corporation Grand Forks, ND
Bid: $737,362.81

Contract for Street Reconstruction, Railroad Crossing Surface Replacement and Incidentals Improvement District No. BR-17-E1 Awarded to Northern Improvement Company in the Amount of $544,293.35:

Commissioner Strand 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 Reconstruction, Railroad Crossing Surface Replacement and Incidentals Improvement District No. BR-17-E1; and WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 31, 2017 for Street Reconstruction, Railroad Crossing Surface Replacement and Incidentals Improvement District No. BR-17-E1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Street Reconstruction, Railroad Crossing Surface Replacement and Incidentals Improvement District No. BR-17-E1 shows the bid of Northern Improvement Company of Fargo, North Dakota, in the sum of $544,293.35 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 Northern Improvement Company in the sum of $544,293.35 is the lowest and best bid received.

BE IT FURTHER RESOLVED, That the contract for Street Reconstruction, Railroad Crossing Surface Replacement and Incidentals Improvement District No. BR-17-E1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Northern Improvement Company for the sum of $544,293.35, 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-L1:
The Statutory Resolution of Necessity for the construction of Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-L1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on May 1 and May 8, 2017 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Strand 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-L1.

Second by Gehrig. On call of the roll Commissioners Strand, Gehrig, Grindberg, 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-L1:
The bids for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-L1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., May 31, 2017 and the bids were found to be as follows:

KPH, Inc. Kindred, ND
Bid: $1,386,542.40

Shermans, LLC West Fargo, ND
Bid: $1,405,855.20

Master Construction Company Fargo, ND
Bid: $1,463,613.00

Dakota Underground Company Fargo, ND
Bid: $1,565,019.67

Contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-L1 Awarded to KPH, Inc. in the Amount of $1,386,542.40:
Commissioner Strand 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-L1; and WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 31, 2017 for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-L1 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-L1 shows the bid of KPH, Inc. of Kindred, North Dakota in the sum of $1,386,542.40 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from KPH, Inc. in the sum of $1,386,542.40 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-L1 in the City of Fargo, North Dakota, be and the same is hereby awarded to KPH, Inc. for the sum of $1,386,542.40, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

Sanitary Sewer, Water Main, Storm Sewer, Site Grading, P.C. Concrete Paving, Street Lighting and Incidentals Improvement District No. BN-17-A (19th Avenue North from 45th Street North to 57th Street North):
Commissioner Strand moved the following action be taken in connection with Sanitary Sewer, Water Main, Storm Sewer, Site Grading, P.C. Concrete Paving, Street Lighting and Incidentals Improvement District No. BN-17-A:

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

On 19th Avenue North from 57th Street North to 45th Street North.

COMPRISING:
Lots 1 through 3, Inclusive, Block 1.
All in North Dakota Horsepark Addition.

Lots 3 and 4, Block 1.
All in Northern Sheyenne Land Addition.

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

Lot 1, Block 1.
Mid America Steel Addition.

All of the unplatted land in the 2016 Annexation in the South 1/2 of Section 28, Township 140 North, Range 49 West.

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

NOW, THEREFORE, BE IT RESOLVED, That Sanitary Sewer, Water Main, Storm Sewer, Site Grading, P.C. Concrete Paving, Street Lighting and Incidentals Improvement District No. BN-17-A in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. BN-17-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-17-A in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $10,455,691.00.)

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

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

Adopt Resolution Declaring Sanitary Sewer, Water Main, Storm Sewer, Site Grading, P.C. Concrete Paving, Street Lighting and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Sanitary Sewer, Water Main, Storm Sewer, Site Grading, P.C. Concrete Paving, Street Lighting & Incidentals, Improvement District No. BN-17-A in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.

That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.

Protests against the proposed Sanitary Sewer, Water Main, Storm Sewer, Site Grading, P.C. Concrete Paving, Street Lighting and Incidentals must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

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

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

Contract for Sanitary Sewer, Storm Sewer, Water Main, Site Grading, Paving, Street Lighting and Incidentals Improvement District No. BN-17-B1 Approved:
Commissioner Strand moved approval of the Contract between the City of Fargo and Master Construction Company for Sanitary Sewer, Storm Sewer, Water Main, Site Grading, Pacing, Street Lighting and Incidentals Improvement District No. BN-17-B1 in the City of Fargo, North Dakota.

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

Contract Bond for Sanitary Sewer, Storm Sewer, Water Main, Site Grading, Paving, Street Lighting and Incidentals Improvement District No. BN-17-B1 Approved:
Commissioner Strand moved approval of the following described Contract Bond as to sufficiency:
Western Surety Company, in the amount of $6,605,449.60, for Sanitary Sewer, Storm Sewer, Water Main, Site Grading, Paving, Street Lighting and Incidentals Improvement District No. BN-17-B1 in the City of Fargo, North Dakota.

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

Contract for Water Main Replacement, Force Main Construction, Street Reconstruction and Incidentals Improvement District No. BR-17-B1 Approved:
Commissioner Strand moved approval of the Contract between the City of Fargo and Dakota Underground Company, Inc. for Water Main Replacement, Force Main Construction, Street Reconstruction and Incidentals Improvement District No. BR-17-B1 in the City of Fargo, North Dakota.

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

Contract Bond for Water Main Replacement, Force Main Construction, Street Reconstruction and Incidentals Improvement District No. BR-17-B1 Approved:
Commissioner Strand moved approval of the following described Contract Bond as to sufficiency:
United Fire and Casualty Company, in the amount of $2,708,816.41 for Water Main Replacement, Force Main Construction, Street Reconstruction and Incidentals Improvement District No. BR-17-B1 in the City of Fargo, North Dakota.

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

Contract for Water Main Replacement, Force Main Construction, Street Reconstruction and Incidentals Improvement District No. BR-17-C1 Approved:
Commissioner Strand moved approval of the Contract between the City of Fargo and Master Construction Company for Water Main Replacement, Force Main Construction, Street Reconstruction and Incidentals Improvement District No. BR-17-C1 in the City of Fargo, North Dakota.

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

Contract Bond for Water Main Replacement, Force Main Construction, Street Reconstruction and Incidentals Improvement District No. BR-17-C1 Approved:
Commissioner Strand moved approval of the following described Contract Bond as to sufficiency:
Western Surety Company, in the amount of $2,189,562.90 for Water Main Replacement, Force Main Construction, Street Reconstruction and Incidentals Improvement District No. BR-17-C1 in the City of Fargo, North Dakota.

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

Fargo Youth Initiative Report:
Community Development Administrator Dan Mahli said the Fargo Youth Initiative (FYI) was created in 2012. He said youth under age 18 in Fargo represent more than 20 percent of the population.

Martin Altenburg said he was a founding member of the group that serves as a liaison between the City and the youth of Fargo. He said the group investigates needs, problems and issues affecting the youth of Fargo and makes policy or project recommendations to the City Commission. He said there are currently 14 members, of which 9 are from North High School, 3 from Davies High School and 2 from South High School.

Saige Thurow said Impact Fargo 2017 was held March 27th and the theme was the “Power of Fargo.” She said speakers included: Imagine Thriving, a mental health organization led by youth; Lynsay Flory, curator at Bonanzaville; Layren Singelmann, an engineering student at North Dakota State University; and Kaytlin Dargen, a freelance photographer. She said there was also an artistic activity led by artist Nichole Rae. She said Power Half Hours were held and students were split into groups to answer questions such as what they liked about Fargo, how can Fargo be improved, can they picture life in Fargo after college, what is their favorite event in Fargo and how has Fargo impacted them.

Results of the Power Half Hours were students want a safer downtown, better treatment of small and locally-owned businesses, more opportunities for low income families and refugees, to eliminate plastic bags and littering, improve the recycling program, more appreciation for the arts, and better advertising of events and opportunities in Fargo for teens. Mr. Altenburg said the plans for next year include trying to get more involvement from students at South High School and Davies High School and planning Impact Fargo 2018.

Vote Taken at the May 8, 2017 Regular Meeting Regarding the Zoning Change and Plat of Bison Meadows Second Addition Reconsidered: Parcels of Land in Bison Meadows Second Addition Rezoned (North of 70th Avenue South and West of University Drive South) and Ordinance Place on 1st Reading:
Commissioner Grindberg said he asked that the Commission reconsider the vote taken at the May 8, 2017 City Commission meeting regarding the zoning change and plat of Bison Meadows Second Addition be placed on the June 5, 2017 agenda.

Commissioner Grindberg moved the Board reconsider the vote taken at the May 8, 2017 Regular Meeting at which time a Resolution approving a petition requesting that the zoning be changed from SR-4, Single Dwelling Residential and P/I, Public and Institutional to SR-4 Single Dwelling Residential and P/I Public and Institutional on Block 1 Lots 1-10, Block 2 Lots 3-78, Block 3 Lots 1-15, Block 4 Lots 1-44, Block 5 Lots 1-42, Block 6 Lots 1-35, Block 7 Lots 1-28, Block 8 Lots 1-47 Bison Meadows Addition.

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

Commissioner Grindberg moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and the Ordinance Rezoning Certain Parcels of Land Lying in Bison Meadows Second 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.

Planning Director Jim Gilmour said since the May 8th meeting, the plat was revised from 393 lots to 347 lots. He said there are now two additional connections to the trail, the storm water pond is larger and the number of 36-foot lots was reduced to 229, where previously most of the lots were of the 36-foot size. He said the zoning is unchanged.
Richard Thomas, a resident of Eagle Point, said no one is happy, even with this change. He said the original sign for the development is still standing where it shows 150 lots. He said he knows the City wants to help build affordable housing; however, this development is not in keeping with promises made to the neighborhood. He said the latest amendment shows there are 230 lots at 36-feet wide and about 50 lots that are 46-feet wide. He said modern homes have two-stall garages and the sidewalk and driveway take up the entire front of the home. He also reiterated his concerns about snow removal during an average winter. He said he is not familiar with all of the programs in the City and asked if there could be tax abatements or other tax incentives for older neighborhoods.

Michael Barth, a resident of Eagle Point, said when a development doubles the number of lots, he would like to know the environmental impact regarding noise and traffic. He stated there are many students coming and going from Davies High School. He said not only is he concerned about snow removal and narrow lots, he is also concerned about diminished property values. He said when a developer builds that many lower value homes in an area, it will depreciate all of the property values. He said vehicles cannot exit on University Drive, therefore, traffic goes to 70th Avenue or through Crofton Coves. He said he would like to see some environmental comparisons from the previous development plan to the current plan.

Mr. Gilmour said traffic on 70th Avenue is not significant and there is sufficient capacity. He said most students going to Davies High School are on 25th Street and there is very little traffic on 70th Avenue. Transportation Division Engineer Jeremy Gorden said traffic is surprisingly quiet in the 70th Avenue area. He said residential properties do not justify traffic signals and only high turnover commercial properties need traffic signals. He said traffic evolves and the City can always look at this in the future. He said Engineering is adding a mid-block crossing for the Milwaukee Trail on the western side of the Bison Meadows development. He said University Drive South currently has less than 5,000 cars a day and 70th Avenue has less than 2,500, which are low volumes and he is comfortable proceeding.

In response to a question from Mayor Mahoney about environmental studies, Mr. Gorden said the City does environmental studies only when federal funds are involved. He said the City will do a traffic impact study on large scale developments; however, those studies are not done on residential projects. Mr. Gilmour said single-family homes do not have a negative impact on the environment and the Fargo School District is aware of these housing developments. He said there are two elementary schools in the area and there is property to build another elementary school should enrollment require more classrooms. He said enrollment issues now are with middle school students at Discovery and student numbers are impacted everywhere in the community.

Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Bison Meadows Second Addition to the City of Fargo, A Replat of Lots 1 through 10 inclusive, Block 1; Lots 3 through 78 inclusive, Block 2; Blocks 3, 4, 5, 6, 7, and 8, Bison Meadows Addition to the City of Fargo, being part of the South Half of the Northeast Quarter of Section 12, Township 138 North, Range 49 West, Cass County, North Dakota; and a Vacation of those parts of the Streets, Avenues, Loops, Parkways, and Easements lying and being with the boundary of said Bison Meadows Second Addition”; and WHEREAS, A Hearing was held February 7, 2017 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on April 3, 10, 17, and 24, 2017 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., May 8, 2017 at which time said Plat would be considered and all interested persons would be heard. The Planning Commission’s recommendation failed for lack of a two-thirds majority.

However, the Plat was reconsidered at the June 5, 2017 meeting and approved. NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “Bison Meadows Second Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

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.

Infrastructure Request for the First Phase of Bison Meadows Subdivision Approved:
Mr. Gilmour said the Planning Department is seeking the Board’s direction to ask Engineering to prepare all of the documents to be considered in two weeks so there would be time for a Public Works Projects Evaluation Committee (PWPEC) review and a call for bids. He said the developers want to get some infrastructure in this fall, starting with a street on the west side so there will be an adequate number of lots on which to build. Commissioner Grindberg moved the appropriate staff be directed to prepare the necessary documents for the infrastructure request for the first phase of the Bison Meadows Subdivision for consideration at the next City Commission meeting.

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.

Storm Water Retention Agreement with Thomsen Properties, LLC for Bison Meadows Second Addition Approved:
Mr. Gilmour said Commissioner Grindberg visited with the developer about additional green space in the Bison Meadows area and one thought was to have the developer acquire a home owned by Steven J. Hoover at 7013 University Drive South for more green space. He said all of the lots where Mr. Hoover’s house is located have flood restrictions and there will be no building in the future; however, there is an opportunity for community gardens or more open space on this land.

Commissioner Grindberg said in regard to Mr. Hoover’s house, when the land was annexed last fall, the desire of Mr. Hoover was to sell. He said it was a conundrum and the City did not need to do this given the fact the Diversion was moving forward. He said there was discussion about the borrow pit and the uniqueness of this location; therefore, he asked if the developer would acquire that house, then deed it back to the City and over time, the City could work with the County and Park District to acquire the land for additional green space and accomplish the buyout. He said his proposal would be to have the developer pay $200,000.00 towards the purchase, given the developer’s access to the borrow pit with the retention ponds, the City could pay $60,000.00, then sell it, get the cash back and move forward so the City has additional green space that could be defined as the area grows, whether that is the Park District or the City or a nonprofit. He said Commissioner Piepkorn has concerns about the windfall of the developer who will not have to build their own retention pond. He said the City has some skin in the game to help develop the area with more green space.

Ben and Emily Pitz, 7305 South University Drive, said they live in Chrisan Estates just south of Mr. Hoover’s home. He said he and his wife went through with the annexation and were under the impression there would be a Memo of Understanding if they needed or wanted to sell and the City would buy them out. He said he had a discussion with Commissioner Grindberg about his house and ideas about green space. He said he has been in the dark since that time and had no idea the City was going to acquire Mr. Hoover’s house. He said he also wants to be in on the acquisition. He said if the developer needs more green space, he has more than half an acre and he and his wife prefer to get out.

Jim Bullis, a representative of the Bison Meadows Development, said there are now fewer intersections on 70th Avenue, they line up with Eagle Point and there has been a reduction of right-ins and left turns. He said there is a good mix of homes and although not everyone is entirely happy, he thinks the developer has created a good neighborhood.

Commissioner Piepkorn said he has concerns with the borrow soil and he would like to make sure an agreement is ironed out and to get something in writing. He said another concern is if the developer is benefitting from that drainage or are they compensating the City. Division Engineer Brenda Derrig said the agreement on the pond expansion discusses the developer having to get a Letter of Map Revision (LOMR) and they are going to have to build the levee. She said there is clay on the park land designated for the levee due to the fact the soil there is drier and it does not have to be worked. She said that soil will be dedicated to the levee and there should be enough there.

Commissioner Piepkorn said neither the City nor the neighborhood knows what a park is going to look like, these are just conceptual drawings and nothing will be certain until flood protection is completed. Ms. Derrig said she is not aware of a timeline to have a park around the retention pond. She said on the south line there is an 80-foot buffer from the edge of the pond to bring the bike trail in and the 80-foot edge goes all the way around the pond.

Jim Larson, Fargo Park District, said the District does not have any immediate plans for a park in that area. He said the goal is this will be a joint project with the City to develop this area as a strong recreation area; however, it is not fully funded. He said the Park District will commit to parks within Crofton Coves and Bison Meadows and those will be constructed next year, with full connectivity eventually to the borrow pit land and to the areas to the east near University Drive South.
In response to a question from Mayor Mahoney as to if this agreement is a compromise, Commissioner Grindberg said he and the Planning Department met with neighbors and this is a compromise. He said Mr. Gilmour told the neighbors that safety will be accommodated. He said not everyone is happy; however, the neighbors said they were thankful for the process.

Commissioner Grindberg moved to concur with staff recommendations and to approve the Storm Water Retention Agreement with Thomsen Properties, LLC for Bison Meadows Second Addition and up to $60,000.00 be used for the acquisition of the property at 7013 South University Drive.

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.

Hearing on Changes in MATBUS Routes 13, 15, 1, 17, 18, 21, 22, 23 and the Addition of Route 24 Continued to June 19, 2017:
This was the time and date set for a hearing on proposed changes in MATBUS Routes 13, 15, 1, 17, 18, 21, 22, 23 and the addition of Route 24; however, Transit Director Julie Bommelman has requested that the Hearing be continued to June 19, 2017.
Commissioner Strand moved the Hearing be continued to 5:15 o’clock p.m. Monday, June 19, 2017.

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

Resolution Adopted Approving a Vacation Plat of a Portion of Roberts Street North of Northern Pacific Avenue and Between Blocks 1 and 6 of Roberts Addition (Tract of Land Located at NP Avenue and Roberts Street North):
Senior Planner Donald Kress said the portion of Roberts Street that is closed off is where the Fire Department has developed a new addition to their headquarters where the historic fire truck is located.

Commissioner Grindberg offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Vacation Plat of a Portion of Roberts Street, North of Northern Pacific Avenue and Between Blocks 1 and 6 of Roberts Addition to the City of Fargo, Cass County, North Dakota”; and WHEREAS, A Hearing was held April 4, 2017 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on May 1, 8, 15, and 22, 2017 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., June 5, 2017 at which time said Plat would be considered and all interested persons would be heard.

NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “Vacation Plat of a Portion of Roberts Street, North of Northern Pacific Avenue and Between Blocks 1 and 6 of Roberts Addition to the City of Fargo, Cass County, North Dakota” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Resolution Adopted Approving the Name Change Plat for 38th Street South of the City of Fargo within the Commerce on I29 Addition to be Renamed 39th Street South:
Senior Planner Donald Kress said a portion of 38th Street South will be redesignated as 39th Street South to bring the street into line with the City’s numbering system.
Commissioner Grindberg offered the following Resolution and moved its adoption:

BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, The name of 38th Street South, located south of the City of Fargo within the commerce on I29 Addition, shall be renamed and hereinafter designated and in the future shall be known by said designated name; “39th Street South;” and WHEREAS, A Hearing was held November 1, 2016 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on May 22 and 29, 2017 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., June 5, 2017 at which time said Plat would be considered and all interested persons would be heard.

NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “Name Change Plat” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

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.

Application to Transfer the Alcoholic Beverage License from Bravish LLC d/b/a Himalayan Yak to Harihar LLC d/b/a Himalayan Yak Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "GH" Alcoholic Beverage License from Bravish LLC d/b/a Himalayan Yak to Harihar LLC d/b/a Himalayan Yak at 1450 25th Street South #160 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 owner of the Himalayan Yak sold the business and the new owner wants to acquire the business’ liquor license.
Commissioner Piepkorn moved the application 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.

Application to Transfer the Alcoholic Beverage License from PAC DAK Hospitality LLC d/b/a Holiday Inn Express & Suites I-94 to 4711 Hospitality LLP d/b/a Holiday Inn Express I-94 Approved:

A Hearing had been set for this day and hour on an application to transfer the Class "ABH-Limited" Alcoholic Beverage License from PAC DAK Hospitality LLC d/b/a Holiday Inn Express & Suites I-94 to 4711 Hospitality LLP d/b/a Holiday Inn Express I-94 at 4711 19th Avenue 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, 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. Mr. Sprague said this was the sale of a business and the new owners want to transfer the liquor license along with the sale. Commissioner Piepkorn moved the application be approved.

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

Special Assessment List for the 2015 Reconstruction of City Ordered Sidewalks Approved:
A Hearing had been set for this day and hour on the special assessment list for the 2015 Reconstruction of City Ordered Sidewalks in the City of Fargo, North Dakota, on which special assessment list a Hearing had been held by the Special Assessment Commission after which it had been confirmed and filed with the Board of City Commissioners.

No appeals have been filed in writing against any item appearing on such special assessment list and no person is present at this Hearing to appeal or offer any objection thereto.

Mr. Sprague said there were some staff changes in Engineering which delayed getting all the numbers together for 2015.
In response to a question from Mayor Mahoney about what this means to homeowners, Mr. Sprague said these assessments will be posted to the individual properties this fall and property owners will get the bill for their first installment. He said property owners have 10 years to pay off the sidewalk assessments; however, the Legislature this year approved a 20-year payment plan for sidewalks and that will go into effect in August for next year’s assessments.

Commissioner Gehrig moved that the special assessment list for the 2015 Reconstruction of City Ordered Sidewalks in the City of Fargo, North Dakota be and the same is hereby approved and confirmed and ordered filed in the office of the City Auditor, that the City Auditor's Office be instructed to proceed to collect the assessments in the manner provided by law and that the interest rate be set at 1% per annum over the net rate on bonds financing said projects.

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

Special Assessment List for 2016 Reconstruction of City Ordered Sidewalks Approved:
A Hearing had been set for this day and hour on the special assessment list for the 2016 Reconstruction of City Ordered Sidewalks in the City of Fargo, North Dakota, on which special assessment list a Hearing had been held by the Special Assessment Commission after which it had been confirmed and filed with the Board of City Commissioners.

No appeals have been filed in writing against any item appearing on such special assessment list and no person is present at this Hearing to appeal or offer any objection thereto.

Commissioner Gehrig moved that the special assessment list for the 2016 Reconstruction of City Ordered Sidewalks in the City of Fargo, North Dakota be and the same is hereby approved and confirmed and ordered filed in the office of the City Auditor, that the City Auditor's Office be instructed to proceed to collect the assessments in the manner provided by law and that the interest rate be set at 1% per annum over the net rate on bonds financing said projects.

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.

Special Assessment List for 2016 New Construction City Ordered Sidewalks Approved:
A Hearing had been set for this day and hour on the special assessment list for the 2016 New Construction of City Ordered Sidewalks in the City of Fargo, North Dakota, on which special assessment list a Hearing had been held by the Special Assessment Commission after which it had been confirmed and filed with the Board of City Commissioners.

No appeals have been filed in writing against any item appearing on such special assessment list and no person is present at this Hearing to appeal or offer any objection thereto.

Commissioner Gehrig moved that the special assessment list for the 2016 New Construction of City Ordered Sidewalks in the City of Fargo, North Dakota be and the same is hereby approved and confirmed and ordered filed in the office of the City Auditor, that the City Auditor's Office be instructed to proceed to collect the assessments in the manner provided by law and that the interest rate be set at 1% per annum over the net rate on bonds financing said projects.

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.

Special Assessment List for Various Improvement Districts Approved:
A Hearing had been set for this day and hour on the special assessment list for the construction of the following Improvement Districts in the City of Fargo, North Dakota, all having been approved by the Special Assessment Commission on May 5th, 2017; set the interest rate at 1% per annum over the net rate on bonds financing said projects:
i. Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights, Grading and Incidentals No. BN-15-A1.
j. Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights, Grading and Incidentals No. BN-15-B1.
k. Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Paving and Incidentals No. BN-15-E1.
l. Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights, Site Grading and Incidentals No. BN-15-G1.
m. Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals No. BN-15-H1.
n. Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals No. BN-16-A1.
o. Water Main Replacement, Street Reconstruction, Street Scape with Cycle Track and Incidentals No. BR-15-B1.
p. Water Main Replacement, Force Main Construction, Street Reconstruction and Incidentals No. BR-15-F1.
q. Retention Pond and Incidentals No. FP-14-01.
r. Concrete Curb and Gutter, Asphalt Pavement, Street Lights and Incidentals No. PN-14-11.
s. Concrete Curb and Gutter, Asphalt Pavement, Street Lights and Incidentals No. PN-15-G1.
t. Concrete Curb and Gutter, Asphalt Pavement, Street Lights and Incidentals No. PN-15-K1.
u. Asphalt Wear Course and Incidentals No. PN-16-A1.
v. Seal Coat and Incidentals No. PR-16-B1.
w. Asphalt Mill and Overlay and Incidentals No. PR-16-C1.
x. New Construction City Ordered Sidewalks and Incidentals No. SN-16-A1.
y. Reconstruction City Ordered Sidewalks and Incidentals No. SR-15-A1.
z. Reconstruction City Ordered Sidewalks and Incidentals No. SR-16-A1.
aa. Traffic Signal Improvements and Incidentals No. TN-15-B1.
bb. Sanitary Sewer, Water Main, Storm Sewer and Incidentals No. UN-15-J1.
No appeals have been filed in writing against any item appearing on such special assessment list and no person is present at this Hearing to appeal or offer any objection thereto.
In response to a question from Commissioner Strand about how benefit is determined, Special Assessment Coordinator Dan Eberhardt said benefit is calculated on a linear foot basis and everyone pays the same per linear foot. He said the assessments are defined by front footage and for example, in the Woodhaven area, one lot could have five units and another lot could have eight or nine due to the fact the green space is evenly divided. He said he looks at the total cost of a project, calculates the footage of all parcels in the area and then divides it by the total front footage. He said benefit is statutorily defined by the state.

Commissioner Grindberg moved that the special assessment list for the construction of the above listed Improvement Districts be and the same are hereby approved and confirmed and ordered filed in the office of the City Auditor, that the City Auditor's Office be instructed to proceed to collect the assessments in the manner provided by law and that the interest rate be set at 1% per annum over the net rate on bonds financing said projects.

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.

Encroachment Agreement with Juice It, LLC at 64 Broadway Approved (moved from the Consent Agenda):
The Board received a communication from the Public Works Projects Evaluation Committee stating they received a request from Juice It, LLC to grant an encroachment into the public right of way for a patio and associated features to support a sidewalk-marketing request for outdoor dining. The encroachment is into a public alley that runs east-west and has no vehicular access, they said. The alley cannot be vacated due to underground utilities that exist and they said the petitioner has also requested the annual $500.00 encroachment fee be waived.

Ben Koppelman, owner of Vision Construction, said he did the fit up for Juice It at 64 Broadway. He said the former alley behind the building was closed off when Broadway was reconstructed. He said 64 Broadway was recently a radio station which has an encroachment agreement that provided handicap accessibility and access to the side of the building. He said the radio station also improved the area with a sidewalk, benches, a flagpole and other things that complement the public side along Broadway. He said it also provides a walking path through the alley. He said Juice It will occupy the front of the building and does not have access to the rear portion unless they are granted this allowance to have a patio, which will also provide handicap accessibility as well as outside dining. He said this a unique request as it is both a dining request similar to what is done on the public sidewalk as well as an encroachment agreement on city property. He said the reason it was taken off the Consent Agenda was due to the fact that when the application was put in, a waiver of the annual fee was requested; however, the waiver request was lost in the process and when it was approved, it was approved with the fee.

Commissioner Grindberg moved the Encroachment Agreement with Juice It, LLC, be approved, waiving the $500.00 annual encroachment fee.

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.

Preliminary Resolution Adopted Approving the Financing of the Block Nine Project, the Issuance of Annual Appropriation Bonds and the Amendment of the Development Agreement Taxable Series 2017B (Block Nine Project) Approved (moved from the Consent Agenda):
Finance Director Kent Costin said the Block 9 Development Agreement was approved and Finance staff has been working on the bond sale, which is the next step to fund the parking structure. He said the bond sale is June 28th and this is the first preliminary Resolution which gives the Finance team the go ahead to proceed. He stated there will be another set of Resolutions that sets the bond sale parameters at which time the Board would delegate authority to the Finance team to actually sell those bonds based on those parameters.

In response to a question from Mayor Mahoney about the bond rate, Mr. Costin said the bond rate would be about 4.2 percent. He said these bonds are marketed at a little higher than general obligation bonds as they do not carry the full faith and credit of the City of Fargo. He said it is an annual appropriated debt which carries a higher rate due to nuances of the deal.

Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, the City of Fargo, North Dakota (the "City") has previously entered into that certain Development Agreement by and between the City and Block 9 Partners LLC, dated as of May 23, 2016 (as amended, the "Development Agreement") for the development of the Project as defined in the Development Agreement;
WHEREAS, the Project includes a component consisting of the Block Nine Garage as defined in the Development Agreement;
WHEREAS, the City has agreed to pay costs of the Block Nine Garage up to a Maximum Public Investment, as defined in the Development Agreement, of $15,000,000;
WHEREAS, the City now desires to issue its Annual Appropriation Bonds, Taxable Series 2017B (Block Nine Project) (the "Bonds") to finance (i) the City's Maximum Public Contribution, (ii) interest on the Bonds during construction, (iii) costs of issuance for the Bonds, and (iv) a deposit to a debt service reserve fund for the Bonds;
WHEREAS, it is appropriate for the Development Agreement to be amended, as may be necessary, to allow an extension of a final contingency deadline to accommodate the need for the closing of the development project and the bond sale and to confirm that the Developer's obligation to make debt service payments on the Bonds will commence upon issuance of the bonds-prior to the execution of the contract for deed that is contemplated in the Development Agreement;
BE IT RESOLVED by the City Commission of the City of Fargo, North Dakota, as follows:

1. The City hereby gives preliminary approval of financing its Maximum Public Contribution to the Project undertaken pursuant to the Development Agreement.

2. The City hereby gives preliminary approval to the borrowing of funds on an annual appropriation basis to finance the City's Maximum Public Contribution, together with costs associated with the issuance of such bonds including capitalized interest, costs of issuance and a debt service reserve fund, through the issuance of the Bonds in a principal amount currently estimated to be approximately $17,260,000.

The staff and officers of the City are hereby authorized and directed to take all necessary or appropriate action to arrange for the negotiated sale the Bonds to a financial institution and to prepare all necessary documentation for such financing, including, without limitation, preliminary and final official statements and a final authorizing resolution to be considered by this City Commission and, in addition, the Mayor and City Administrator are authorized to amend the Developer Agreement to (a) insert a requirement that the Developer be responsible for payment of all debt service on the Bonds prior to the entry into the contract for deed as provided in the Developer Agreement and (b) to extend the Final Contingencies Deadline, in their discretion; provided, however that any extension of said contingency deadline beyond August 31, 2017 shall require appropriate City action.

3. The Bonds shall not constitute a general obligation of the City or a pledge of, or lien on, any of its assets or the Project, but shall be payable solely from amounts appropriated and to be annually appropriated by this City Commission expressly for the payment of debt service on the Bonds. The issuance of such Bonds is expressly conditioned on the adoption of a final bond resolution by this City Commission before the issuance of the Bonds.

4. This resolution shall take effect immediately upon adoption.

Second by Grindberg. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Grindberg, Strand and Mahoney voted aye.
Commissioner Gehrig voted nay.
The Resolution was adopted.

Construction Projects Update:
Transportation Division Engineer Jeremy Gorden shared an update of current projects and progress.

Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Monday, June 19, 2017.

Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:15 p.m.