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Board of City Commissioners - May 8, 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, May 8, 2017.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg (via conference call), Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

Mayor Mahoney read a statement with the following information: Jan Eliassen, director of the Gladys Ray Shelter and Veteran Drop-in Center, received the 2017 YWCA Woman of the Year award in the category of Advocating for Equality; beginning July 1, a grant from the United Way of Cass-Clay will support an additional full-time Fargo Cass Nurse-Family Partnership Program nurse and with the expansion, the team will be able to serve 168 families; the Library’s weekly English language learning workshops attract an average of 16 to 20 English language learners each week; the Police Department will soon be getting a new police dog and wants the public’s help in naming the dog; during Cleanup Week, City crews collected a record 1,821 tons of debris from approximately 24,667 residences; the Transit Department will be featured in “BusRide” highlighting the installation of the Quantum and Q’Pod securement devices which allow passengers in mobility devices to be safely secured into a spot on a fixed route vehicle; construction at the water treatment plant is about 60% complete; and 885 million gallons of water have been pumped to West Fargo in the past 11 months.

Order of Agenda Approved:
Commissioner Gehrig moved the Order of the Agenda be approved, moving Item No. “20” from the Consent Agenda to the Regular Agenda.

Second by Piepkorn. 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 April 24, 2017 be approved as read.

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

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

1. 2nd reading, waive reading and final adoption of an Ordinance Establishing a Planned Unit Development Overlay, Master Land Use Plan and Final Plan on Certain Parcels of Land Lying in Ferguson First Addition to the City of Fargo; 1st Reading on 4/24/17.
2. Resolution Approving Fee for Annual and Renewal Permit – Keeping of Chickens (Attachment “A”).
3. Site Authorization for Games of Chance:
a. Plains Art Museum at Big Top Bingo, Blue Wolf Casino (West Acres Bowl), Wild Bill’s Sports Saloon and King Pin Casino (The Bowler).
b. Jon Greenley Amvets Post #7 at the Amvets and the Nestor Tavern.
c. Special Olympics North Dakota, Inc. at Rooters Bar.
4. Applications for Games of Chance:
a. River Keepers for a raffle on 6/12/17.
b. River Keepers for a raffle on 6/19/17; Public Spirited Resolution.
c. River Keepers for a raffle on 10/1/17.
5. Applications for property tax exemptions for improvements made to buildings:
a. Richard M. Skjei IRPSN Trust, 1410 14 1/2 Street South (5 year).
b. Jennifer Morken, 901 26th Street North (5 year).
6. Notice of Grant Award from the North Dakota Department of Health for the West Nile Virus program (CFDA No. 93.521).
7. Storefront Rehab using Community Development Block Grant Rehab Funding at 6 12th Street North.
8. Request for Proposals for the disposition of NRI property at 1117 3rd Avenue North.
9. Transit Trade Agreement with Fargo Baseball, LLC.
10. Five-year contract with Enhanced Properties, Inc. for transit passenger shelter maintenance (RFP17002).
11. Five-year contract with Perfection Plus for custodial services at the GTC and Metro Transit Garage (RFP17150).
12. Change Order No. 4 for an increase of $20,956.00 for the mechanical construction contract for the City Hall Project.
13. Updated Sewer Agreement with the City of Horace.
14. Sole Source Procurement with PKG Contracting, Inc. for repairs on the Effluent Reuse Facility Building floors in an estimated amount not to exceed $67,000.00.
15. Solid Waste Management Agreement for Private Haulers in the City of Fargo with Landmark Drainage, LLC effective May 9, 2017.
16. Bid award to Safeguard Industries in the amount of $40,010.00 for installation of a fall protection system at the Central Garage facility to include alternate Nos. 1 and 2.
17. Bid award to Safeguard Industries in the amount of $29,720.00 for installation of a fall protection system at Metro Transit Garage to include alternate No. 1.
18. Bid award to A&I Distributing in the amount of $32,353.19 for the 2017 lubrication products used by the Central Garage Maintenance Department (RFP17028).
19. Amendment to the Memorandum of Understanding Regarding Downtown Business Improvement District Number 9112 to transfer trash removal responsibilities on the Broadway corridor to the Downtown Community Partnership at a cost of $1,170.00 a month.
20. Storm Water Retention Agreement with Thomsen Properties, LLC for Bison Meadows 2nd Addition (moved to the Regular Agenda).
21. Bid award to Newman Sign in the amount of $23,654.30 for sign materials for the Traffic Engineering Department (RFP17140).
22. Bid award to Border States Electric in the amount of $51,585.00 for street lighting materials for the Street Lighting Department (RFP17139).
23. Easement – Permanent Utility and Grant of Temporary Easement for the Construction and Restoration of Certain Facilities with Xcel Energy for a OHP transmission line on City owned property at 4456 19th Avenue North and 1632 7th Avenue North.
24. Bid awards for Project No. FM-15-B2 to Excavating, Inc. in the amount of $755,496.17; Project No. HD-17-A1 to Master Construction Company, Inc. in the amount of $399,242.50; and Project No. TM-17-A1 to Swanston Equipment Company in the amount of $256,433.10.
25. Contract and bond for Project No. SW 17-02.
26. Bills in the amount of $12,632,345.75.

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.

Reimbursement for the Repair of a Sprinkler System Impacted by Improvement District No. PR-14-01 Approved:
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) stating the irrigation system on the boulevard adjacent to Target on the south side of 13th Avenue South between 42nd and 43rd Streets was damaged during the construction of the 13th Avenue South project. They said the property owner is seeking reimbursement in the amount of $8,124.00.

Commissioner Gehrig moved the reimbursement of $8,124.00 for the repair of a sprinkler system impacted by Improvement District No. PR-14-01 be approved.

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

Change Order No. 1 for Improvement District No. TN-16-E1 Approved:
Commissioner Gehrig moved Change Order No. 1 for an increase of $18,860.00 for Improvement District No. TN-16-E1 be approved.

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

Addition of an Incentive Clause for Improvement District No. BR-17-F1 Approved:
The Board received a communication from the Public Works Project Evaluation Committee (PWPEC) regarding a recommendation to include an incentive/disincentive of $1,000.00 a day with a 1% maximum based on total contract bid amount for the project on 4th Avenue North and 4th Street North due to the classification of this street as an arterial and the volume of traffic.

Commissioner Gehrig moved the inclusion of an incentive clause for Improvement District No. BR-17-F1 be approved as recommended.

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.

Addition of Improvement District No. AN-17-C to the 2017 Capital Improvement Plan (CIP) Approved:
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) regarding a recommendation to add Improvement District No. AN-17-C to the 2017 Capital Improvement Plan (CIP). They said they received a petition from the landowner who owns 66% of the adjacent property. The project is small, they said, and will be 100% assessed and can be completed in the 2017 construction season.

Commissioner Gehrig moved the addition of Improvement District No. AN-17-C to the 2017 CIP be approved.

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

Addition of Improvement District No. AN-17-E to the 2017 Capital Improvement Plan (CIP) Approved:
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) regarding a petition to pave the alley at the Block T. Chas A. Roberts Addition (9th Avenue to 10th Avenue South between 8th and 9th Streets South) Improvement District No. AN-17-E. They said the petition contained signatures from 66% of the adjacent property owners.

Commissioner Gehrig moved the addition of Improvement District No. AN-17-C to the 2017 CIP be approved.

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

Addition of Improvement District No. RR-17-A1 to the 2017 Capital Improvement Plan (CIP) and an Urban Agreement for Construction of a Federal Aid Project Approved:
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) with a recommendation to add Improvement District No. RR-17-A1 to the 2017 Capital Improvement Plan (CIP). The spur rail crossing at 15th Avenue North and 41st Street will be rehabilitated with funding of the project anticipated to be 90% Federal and 10% Local, shared 50/50 with the spur line owner.

Commissioner Gehrig moved the addition of Improvement District No. RR-17-A1 to the CIP and an Urban Agreement for Construction of a Federal Aid Project be approved.

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

Consultant Engineering Services Agreement with Houston Engineering Inc. for Improvement District No. PR-17-B1 Approved:
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) regarding Consultant Engineering Services for an upcoming project to reconstruct a portion of University Drive between 18th Avenue South and the I-94 South Ramp. They said the scope of work includes hydrant relocations and modifications, and sanitary sewer replacement for a portion of the project limits. The estimate for the completion of this work is $7,500.00, they said.

Commissioner Gehrig moved the Consultant Engineering Services Agreement for Improvement District No. PR-17-B1 be approved.

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

Urban Agreement for Construction of Federal Aid Project for Relocation of the 19th Avenue North Railroad Crossing Approved (Improvement District No. BN-17-A2):
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) regarding an agreement for relocation of the 19th Avenue North Railroad Crossing. They said the roadway alignment is shifting to provide for a greater separation between the two existing crossings and the intersection of two arterials. The estimated cost is $131,829.00 with a federal share of $118,646.00 and a local share of $13,183.00, they said.

Commissioner Gehrig moved the Urban Agreement for Construction of Federal Aid Project for Relocation of the 19th Avenue North Railroad Crossing associated with Improvement District No. BN-17-A2 be approved.

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

Agreement - Lift Station with the City of West Fargo for Improvement District NN-15-B1 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) regarding an agreement that is needed to facilitate the construction of a lift station, pond and a trunk sewer to allow for service to portions of West Fargo and the Commerce on 12th development in Fargo.

Commissioner Gehrig moved the Agreement – Lift Station with the City of West Fargo be approved.

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

P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-C (East to West Alley South of 6th Avenue North from Oak Street to 1st Street North in Keeney and DeVitt’s 2nd Addition and Pladson Addition):
Commissioner Gehrig moved the following action be taken in connection with P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-C:

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

The east to west alley south of 6th Avenue North from Oak Street to 1st Street North.

COMPRISING:
Lots 4 and 11, Block 29.
All in Keeney and DeVitt’s 2nd Addition.

Lot 1, Block 1.
All in Pladson Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-C in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. AN-17-C:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. AN-17-C in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $96,928.00.)

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

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

Adopt Resolution Declaring P.C. Concrete Alley Paving and Incidentals Necessary:
That it be and is hereby declared necessary to construct P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-C in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed P.C. Concrete Alley Paving and Incidentals must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

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

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.

P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-E (Block T. Chas A. Roberts Addition 9th Avenue to 10th Avenue South between 8th and 9th Street South):
Commissioner Gehrig moved the following action be taken in connection with P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-E:

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

From 9th to 10th Avenue South between 8th and 9th Street South.

COMPRISING:
Lots 1 through 24, Block T.
All in Chas A. Roberts Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-E in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. AN-17-E:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. AN-17-E in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $81,150.72.)

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

Adopt Resolution Declaring P.C. Concrete Alley Paving and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-E in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed P.C. Concrete Alley Paving and Incidentals must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

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

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.

Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-F (4th Avenue North from Broadway to 3rd Street and 3rd Street North from 4th Avenue to 5th Avenue):
Commissioner Gehrig moved the following action be taken in connection with Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-F:

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

On 4th Avenue North from Broadway to 3rd Street and on 3rd Street North from 4th Avenue to 5th Avenue.

COMPRISING:
An area bound on the north by the Burlington Northern Railroad, bound on the south by 3rd Avenue North, bound on the west by Broadway North, and bound on the east by 2nd Street North.

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

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

Request Report and Estimate of Cost from the City Engineer for Improvement District No. BR-17-F:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BR-17-F in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $2,988,737.00.)

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

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

Adopt Resolution Declaring Water Main Replacement, Street Reconstruction and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-F in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said Water Main Replacement, Street Reconstruction and Incidentals improvement is to be paid from Infrastructure Sales Tax, and approximately 52% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Water Main Replacement, Street Reconstruction and Incidentals must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

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

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.

Contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-H1 Approved:
Commissioner Gehrig moved approval of the Contract between the City of Fargo and Master Construction Company Inc. for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-H1 in the City of Fargo, North Dakota.

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.

Contract Bond for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-H1 Approved:
Commissioner Gehrig moved approval of the following described Contract Bond as to sufficiency:
Western Surety Company, in the amount of $330,877.00, for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-H1 in the City of Fargo, North Dakota.

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.

Contract for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-17-H1 Approved:
Commissioner Gehrig moved approval of the Contract between the City of Fargo and Border States Paving, Inc. for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-17-H1 in the City of Fargo, North Dakota.

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.

Contract Bond for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-17-H1 Approved:
Commissioner Gehrig moved approval of the following described Contract Bond as to sufficiency:
Liberty Mutual Insurance Company, in the amount of $2,992,766.85, for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-17-H1 in the City of Fargo, North Dakota.

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.

Update on Sheltering Churches Project:
Sue Korman, a board member of Central Cities Ministries, the organization that has overseen Sheltering Churches, said the organization is ending the project in order to aid in planning for future years. She said six years ago it made sense for Central Cities Ministries to provide hospitality due to increased homelessness. She said with increased assistance from Fargo and Moorhead, including the Gladys Ray Shelter, there is now help for the majority of the homeless population. She said the remaining homeless have a higher acuity of need that goes beyond the abilities of the church volunteers. She said with that in mind and the Sheltering Churches Project was only to be temporary, it is time for the project to come to an end. She said the ministry does not have any requests or challenges for the City; however, the ministry wants to thank the City and the F-M Homeless Coalition for its assistance.

Planning Staff Directed to Draw Up a Path Forward to Review Tax Increment Financing (TIF) Exemptions:
Commissioner Gehrig said the Board resolved to wait until the legislative session was over to begin the process of reviewing TIFs, much like what was done with the Renaissance Zone and the Payment in Lieu of Tax Exemption (PILOT). He said he is now asking how to do the review and what processes are available due to the fact that he wants participation from the public.

Commissioner Piepkorn said there should be open house opportunities as well as public input at the City Commission level. He said using the Tax Exempt Review Committee would be the best plan.

Mayor Mahoney said there could be an open meeting with the Tax Exempt Review Committee where Commissioners and the public could speak. After that, he said, the Board could come up with a form that is reasonable.

Commissioner Gehrig said the Board should table it, get something written down about the process going forward and also have the schools and county take part. He said state law has changed and the schools and county will now be voting on any exemption over five years.

Planning Director Jim Gilmour said a public notice was published and Finance Director Kent Costin received input from financial advisers to the City. He said he suggests putting all of the information in a draft, bring it to the Tax Exempt Review Committee and when the Committee is comfortable with the draft, go out for public comment again.

Commissioner Piepkorn said TIFs are important for low income housing, especially Downtown due to how land is acquired. He said this discussion is not critical right now and should not be done quickly. The goal, he said, is to do it well.

Commissioner Gehrig moved appropriate Planning Department staff be directed to draw up a path forward to review TIF exemptions and to present that at the next City Commission meeting.

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

Renaissance Zone Project for KFI for a Lease Project at 1026 NP Avenue North Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for KFI for a business leasing property as part of a zone project at 1026 NP Avenue North.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.
The Board received a communication from Planner Derrick LaPoint stating the Renaissance Zone Law states “a business that purchases or leases property as part of a zone project is exempt from income tax for five taxable years beginning in the year of the investment or lease for income derived from the business locations within the zone.” He said the Fargo Renaissance Zone Development Plan further states “Tenant must be leasing space in a building that has been approved as a zone project to be eligible for consideration.” He stated the Renaissance Zone Authority felt that lease projects such as the application from KFI would generally be straightforward and could be advanced to the City Commission following staff review and would generally not require direct Authority action. He said staff review found the applicant has met the aforementioned requirements. He said the project addresses the business retention and expansion goals stated in the Renaissance Zone Development Plan.

Mr. Gilmour said KFI is a growing engineering company that would be occupying 8,500 square feet of the building and they are hoping to occupy the space by September.

Mark Fjestad, Director of Finance and Administration of KFI, said the company’s Fargo offices are currently located on 45th Street South and they are looking for more space.

In response to a question from Commissioner Piepkorn about the number of current and future KFI employees, Mr. Fjestad said there are 10 employees at the current location; however, with the new leased space Downtown, the company hopes to expand the number of employees to 20.

Commissioner Strand moved the Renaissance Zone application filed by KFI for a lease project located at 1026 NP Avenue North be approved and the income tax exemptions be granted as recommended by the Renaissance Zone Authority.

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

Renaissance Zone Project for 701 Collective, LLC at 18 13 1/2 Street North Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for 701 Collective, LLC at 18 13 1/2 Street North.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.
The Board received a communication from Planner Derrick LaPoint stating the Renaissance Zone Project application presented by 701 Collective, LLC meets all of the minimum criteria set forth in the Renaissance Zone Plan and is consistent with the established goals and objectives. Mr. LaPoint recommended that the project be approved.

Lee Schwartz, 302 North University Drive, said the project will rehabilitate the former CHS Sunflower Processing Plant and will be a multi-use building including a theater setup with a stage and a brewery/brewpub to include a food and beverage serving setup alongside a production facility. He said renovations will begin once leases are finalized. He said the theater is expected to open mid-August and the brewery/brewpub would be completed mid-September. He said by creating an art center out of a property that used to be only a warehouse and factory, the property is elevated aesthetically and in terms of traffic and image. He said the building is near the First Avenue corridor, which the City has defined as a priority. He said the upgrades and plans for this facility will bring more people to the perimeter of Downtown and increase the image and awareness of the surrounding blocks. He said over time this will raise property values and attract new business. He said 701 Collective is just a group of Fargo guys trying to find some neighborhoods that need some love and this property qualifies.

In response to a question from Commissioner Piepkorn about the capacity of the performance area, Mr. Schwartz said capacity maximum will be about 200. He said arrangements have been made for parking, 701 Collective has been working with the Planning Department and they want to be good neighbors with whatever they do. He said they are negotiating with Theatre B to become their new home; however, that is not final and if it does not materialize, 701 Collective is still planning for a performing arts area.

In response to a question from Commissioner Gehrig as to if 701 Collective would still move to this building if there were not an incentive, Mr. Schwartz said the Renaissance Zone was not a determining factor in whether they would have decided to do this project; however, it is part of the criteria and it certainly helps lower the risk, especially with these projects which are not in the heart of Downtown and have more risk.

Commissioner Strand said he is glad to see the expansion of the Downtown footprint with more diversity and more opportunities in the arts and culture world. He said Fargo is very fortunate to have Jade Nielsen involved at the ground level. He said Mr. Nielsen is a longtime, local promoter with seasoned expertise and this is good news for everyone.

Commissioner Piepkorn moved the Renaissance Zone application filed by 701 Collective, LLC for a project located at 18 13 1/2 Street North be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority.

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.

Renaissance Zone Project for 701 Collective, LLC at 30 University Drive North Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for 701 Collective, LLC at 30 University Drive North.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.

The Board received a communication from Planner Derrick LaPoint stating the Renaissance Zone Project application presented by 701 Collective, LLC meets all of the minimum criteria set forth in the Renaissance Zone Plan and is consistent with the established goals and objectives. Mr. LaPoint recommended that the project be approved.

Mr. Gilmour said 701 Collective will rehabilitate a former towing company building to provide commercial space for a restaurant. He said the expected tenant is Daran’s Southern Soul Food, which currently operates as a catering business from Square One Kitchen. He said improvements would include significant capital costs relating to structural repairs and alterations, window and door replacement and updating the HVAC and plumbing. He said the expected opening date would be about August 1st. He said there will also be a rezoning on this property at a later date.

Mr. Schwartz said the former gas station and towing company is a low visibility building on a high visibility corner. He said the property needs considerable renovation and cleanup to make it a restaurant.

In response to a question from Commissioner Grindberg about any environmental issues, Mr. Schwartz said gas tanks were removed previously and 701 Collective revisited those same concerns with the state prior to taking ownership and the concerns were cleared.

Commissioner Piepkorn moved the Renaissance Zone application filed by 701 Collective, LLC for a project located at 30 University Drive North be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority.

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

Plat of NDSU Foundation Addition (Formerly Advertised as Chandler’s Broadway Addition) Failed for Lack of a Majority:
At a Hearing held on March 7, 2017, the Fargo Planning Commission recommended approval of on an application requesting a Plat of NDSU Foundation Addition, a vacation plat of an alley and a replat of Lots 1-9, 11, and 14-24, Block 8, NDSU Foundation Addition (Formerly Advertised as Chandler’s Broadway Addition).
Mr. Gilmour said this action would vacate the alley except for the northern part where there is one home left on the block. He said by maintaining the alley access to the north, the homeowner would have access to the garage in the rear. He said this action will take a 4-to-1 supermajority vote. He said this vacation is giving the land back to the homeowner; there is no monetary exchange as it was not purchased by the City.

Ken Enockson, 1202 8th Street North, said people from the Roosevelt neighborhood are not under any illusion this project will not go forward; however, due to comments some people have heard he wants to dispel some misconceptions. He said the neighborhood is not asking to be saved; the neighborhood just wants to maintain their quality of life. He said the NDSU Foundation started buying properties 20 years ago along University Drive and 12th Street North. For many years, he said, the neighborhood reached out to the Foundation to find out what was going on; however, no one could get a solid answer. He said of the 21 houses recently torn down, only three were in a state of deterioration and needed to be removed. The others, he said, were livable and could have been renovated. There is a pathway to deterioration with homes, he said, and it starts with owner-occupied homes. Then at some point the home is picked up by a landowner who rents it out, and sometimes in a matter of a few months, there is serious deterioration. He said the neighborhood saw serious deterioration with properties owned by the Foundation. Some of the failure is the landlord’s, he said, and some is with the City in the area of inspections. He said he understands there are constraints the City is under when there are only three or four individuals doing inspections across the entire City. More and more people who live in these neighborhoods are asking for rental registry, he said, and it is time the City Commission considers it. He said with rental registry, the expectation is not to inspect every single apartment complex; however, there needs to be some parameters with houses converted to rentals.

Community Development Administrator Dan Mahli said the Code Enforcement Task Force was started about a year ago and is made up of different departments dealing with different code enforcement areas. He said the top priorities of the Task Force are problem residential neighborhoods where there is a spiral of disinvestment.

In response to a question from Commissioner Strand about the status of the agreement with parking for the project, Casey Jackson, PrOFFUT Ltd. Partnership, said he talked with FARGODOME General Manager Rob Sobolik, who will have a parking agreement soon and they are discussing annual options. He said if a parking agreement does not happen, the development does have adequate on-site stalls. He said the additional parking would be used during different events.

Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “NDSU Foundation Addition” containing 21 Lots, 1 Block, and 3.5 acres of land more or less, located at the 1600 Block between 12th Street North and University Drive North; and
WHEREAS, The Plat includes the vacation of an alley and a replat of Lots 1-9, 11, and 14-24, Block 8, Chandler’s Broadway Addition to the City of Fargo, Cass County, North Dakota; and
WHEREAS, A Hearing was held March 7, 2017 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on April 7, 17, 24, and May 1, 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.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “NDSU Foundation 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 Grindberg. On call of the roll Commissioners Gehrig, Grindberg and Mahoney voted aye.
Commissioners Strand and Piepkorn voted nay.
The motion failed for lack of a two-thirds majority.

Plat of Bison Meadows Second Addition and Petition Requesting the Rezoning of Parcels of Land in Bison Meadows Second Addition Failed for the Lack of a Majority:
At a Hearing held on February 7, 2017 the Planning Commission recommended approval of a change in zoning 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.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Senior Planner Donald Kress said the original developer of Bison Meadows Second Addition sold the property and the new developer has proposed a replat. He said a significant change is the storm water ponds, which are now in the northwest portion of the development and extend onto City-owned property. He said there is also a vacation of existing streets and a zone change since the addition is being reconfigured. He said on the new plat there are 393 lots on 72 acres for a density of about 5 homes per acre, which is less than half of the allowable density. He said frontages range from 36 feet to 42 feet in order to have less special assessments. He said neighbors did organize a protest petition and more than a 20% of landowners protested; therefore, he said, a supermajority vote is needed to pass the rezoning, vacation and plat, which is required by state statute and City ordinance.

In response to a question from Commissioner Piepkorn about the City being compensated for land for the storm water pond, City Engineer April Walker said the developer asked if they could expand existing ponds to the north. In exchange, she said, the developer is dedicating two lots in the development to the City. She said the developer is not going to overdig for the pond and will dig just what is needed. She said the total disturbed area for the pond is greater; however, it allows for just one pond, which is less expensive to maintain.
Commissioner Piepkorn said if a developer can push a storm water pond onto someone else’s land, they are getting more land to develop and he is concerned about this economic benefit setting a precedent.

In response to a question from Commissioner Grindberg about the existing pond and if it was originally part of emergency flood measures and the City was reimbursed by FEMA, Ms. Walker said she does not know if the City was reimbursed by FEMA; however, the pond was not just for emergency flood control. She said material from the pond was used to build permanent levees in the City and the majority of the work was done with flood sales tax dollars. She said this is a unique situation and does not think it will set a precedent. She said the City does not often own land or ponds that can be expanded to assist a development.

Commissioner Gehrig said this is a unique situation. He said the Board has asked developers to build less apartments and more less expensive homes. He said this is a model of what can be done instead of apartments and this is affordable housing.

Tim Nesheim, 6622 Crofton Lane South, said one of the green spaces in his neighborhood referred to as a park includes a transmission tower, a levee and is next to University Drive and 55 mph traffic. He said the new plat has smaller lots than the first version of Bison Meadows. He said with special assessments in this neighborhood, due to the number of homes added, more streets are needed which adds to the specials. In addition, he said, more homes will put more stress on schools, which are already at capacity. He said the amount of land needed in order for the developer to expand the storm water pond has a value of $100,000.00 and that is a big gift from the City to the developer. He said there is enough lot availability in Legacy, Eagle Valley and Maple Valley additions to meet demand for 27 years. He said 100% of the homeowners near this development oppose it.

Richard Thomas, who lives in the Eagle Point neighborhood, said the new plat has smaller lots with smaller frontages. He said when you drive down the street, all you will see is garages. He said the boulevards will be driveways and sidewalks and snow removal will be a concern as it has been in other densely populated areas.

Patti Lunak, 7195 14th Street South, said with 400 homes that means at least 800 cars driving in and out of the development and all driving onto 70th Street South. She said with that many homes, there will be too much cement and no green space. Jeffrey McCay, 1966 67th Avenue South, said he purchased his lot in Crofton Coves a year ago and built a new home. He said in Crofton Coves he could have some flair in the home design and there is attractiveness in the street design. He said Prairiewood, Bluemont Lakes, Rose Creek and Crofton Coves give the city character and makes Fargo a better community. He said the new plat of Bison Meadows changes what the original plan was and he understands developers need to do what the market demands. He said neighbors are willing to meet with the developer to make a plan that will work with existing neighborhoods.

Jim Bullis, representing Chris Thomsen, landowner of Bison Meadows, said there are two types of developments. He said Rose Creek and Timberline are high-end neighborhoods where residents have higher incomes that can support more amenities. He said there is also entry-level housing, workforce housing and senior housing for people who want to own a home and stay in the community. He said when these types of developments are designed, every time a curve is added to a road, it costs more money because pipes come in straight pieces and when a curve is added, a manhole is required. He said these improvements are paid through special assessments, which are too much if a developer wants to provide affordable housing. He said people want single-family detached homes and no twinhomes or multi-family homes are planned in this development and the developer is trying to make it cost effective. He said with the storm water pond, it may look like the developer is getting a benefit; however, the pond is not finished and the developer will finish it and dedicate additional land to equalize. He said there is a plan with this development he thinks will allow everybody to win.

In response to a question from Mayor Mahoney if the developer considered different lot sizes, Mr. Bullis said they did consider it; however, if they are trying to hit a certain price point, bigger lots mean more specials and higher prices. He said Legacy is owned by Eid-Co and they are the only builder in that development. He said the first phase of Eagle Valley is sold out, Phase 2 is in progress and there is no power there, yet a house is going in. He said there is huge demand for lots and he was the developer for many of the neighborhoods surrounding Bison Meadows and he does not want to do anything that would not fit with the neighborhood. He said home prices in Bison Meadows will be in the low to mid $200,000.00 range. He said when a price goes up $10,000.00, a developer loses 20% of the market and prices past $250,000.00, potential buyers drop off in a hurry.

In response to a question from Commissioner Strand wondering if there is a way the developer can work with the concerns of the neighbors to find some middle ground, and due to the fact there was such a significant protest, Mr. Bullis said green space has been added, a trail was enlarged and there are other changes. He said if this is not approved, the developer will go back to the drawing board; however, he said 63 lots are ready to go and if the developer has to start over, they may lose an entire construction season.

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” containing 397 Lots, 10 Blocks, and 72.03 acres of land more or less, located North of 70th Avenue South and West of University Drive South; and
WHEREAS, The Plat includes a vacation of those parts of the streets, avenues, loops, parkways, and easements lying and being within the boundary of said Bison Meadows Second Addition, to the City of Fargo, Cass County, North Dakota; 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.
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 Strand. On call of the roll, Commissioners Grindberg, Strand and Gehrig voted aye.
Commissioners Piepkorn and Mahoney voted nay.
The motion was declared lost due to the requirement of a three-quarters majority when protests have been received which represent 20% or more of the legal protest area.

Storm Water Retention Agreement with Thomsen Properties, LLC for Bison Meadows Second Addition Withdrawn (Moved from the Consent Agenda):
This item was withdrawn by the applicant following the denial of the plat due to the lack of a super majority.

At 6:25 p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Parcels of Land in Beardsley’s Addition Rezoned (1121 and 1141 18th Street North):
At a Hearing held on April 4, 2017 the Fargo Planning Commission recommended approval of a change in zoning from SR-3, Single-Dwelling Residential to UMU, University Mixed Use on Lots 17 and 22, Block 3, Beardsley’s Addition.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Mr. Kress said the property is owned by Roers who wants to make the block consistent.

Commissioner Piepkorn 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 be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Gehrig, Strand, Grindberg 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 Beardsley’s Addition, Fargo, Cass County, North Dakota:
Commissioner Piepkorn moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in Beardsley’s Addition, Fargo, Cass County, North Dakota be placed on first reading.

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.

Parcels of Land in Harwood Addition Rezoned (701 University Drive North and 702 12th Street North):
At a Hearing held on April 4, 2017 the Fargo Planning Commission recommended approval of a change in zoning from GC, General Commercial and MR-3, Multi-Dwelling Residential to DMU, Downtown Mixed Use with a C-O, Conditional Overlay on Lot 1, Block 7, Harwood 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.

Mr. Kress said this request is for the old Rosie’s Laundromat building and an adjoining rental house. He said 701 Collective will develop the building into a family-style restaurant and coffee with and possible parking.

Mr. Schwartz said 701 Collective is hoping the home can be saved and is trying to make other arrangements for parking. He said there has been communication with the Roosevelt neighborhood group and he believes 701 Collective has their blessing.
Commissioner Piepkorn said Rosie’s is not historic; however, it is a landmark, and he thanked the group for its work to save it.

In response to a question from Commissioner Piepkorn on what work remains on the building, Mr. Schwartz said the first floor has been renovated; however, the basement needs work, there are issues with fire exits and parking; however, he says there is a plan and when it is done, it will be a great place to spend time.

Nate Pullen, 1025 8th Avenue North, said if there is new development in this area close to University Drive North, he would like to see a whistle-free zone implemented. He said he lives near this area and it is loud at all hours of the day and night, with more than 20 trains passing by at night.

Commissioner Strand 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 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 Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Strand, Piepkorn, Gehrig, Grindberg 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 Harwood Addition, 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 Harwood Addition, Fargo, Cass County, North Dakota be placed on first reading.

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

Parcels of Land in Reeves Addition Rezoned (2 and 18 13 1/2 Street North and 20 and 30 University Drive North):
At a Hearing held on April 4, 2017 the Fargo Planning Commission recommended approval of a change in zoning from LC, Limited Commercial to DMU, Downtown Mixed Use on Part of Lots 1-3, 7-9 and 26-28, Block 20; and Lots 6-11 and 15-16, Block 21, Reeves 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.

Mr. Kress said this addition is owned by 701 Collective. He said this is a staff-initiated zoning change to fill in the entire block and convert it to DMU.

Mr. Schwartz said one of the properties in the addition is an old appliance building and the plan is to turn the unique property into retail storefronts. He said the reason for the zoning change is so the businesses can compete on the same playing field as businesses across the street.

Commissioner Piepkorn 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 be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Gehrig, Strand, Grindberg 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 Reeves Addition, Fargo, Cass County, North Dakota:
Commissioner Piepkorn moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in Reeves Addition, Fargo, Cass County, North Dakota be placed on first reading.

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.

Parcels of Land in Reeves Addition Rezoned (10, 12 and 26 University Drive North; 1307 and 1313 NP Avenue North; 1320, 1330 and 1340 1st Avenue North and 10 and 12 13 1/2 Street North):
At a Hearing held on April 4, 2017 the Fargo Planning Commission recommended approval of a change in zoning from LC, Limited Commercial to DMU, Downtown Mixed Use on part of Lots 1-6, 10-16, 19-25 and 29-34, Block 20; and Lots 1-5 and 12-14, Block 21, Reeves 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.

Commissioner Gehrig 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 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 Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Gehrig, Piepkorn, Strand, Grindberg 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 Reeves Addition, Fargo, Cass County, North Dakota:
Commissioner Gehrig moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in Reeves Addition, Fargo, Cass County, North Dakota, be placed on first reading.

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.

State Water Commission Request for Reimbursement for FM Diversion Project Costs Approved:
Finance Director Kent Costin said the State Water Commission is requesting $3,666,207.00 for cost reimbursement for the FM Area Flood Risk Management Project for costs incurred from February 25, 2017 to March 31, 2017. He said the City has received an additional $66.5 million from the State and the balance of State funds now listed is $81.6 million.

In response to a question from Commissioner Strand regarding the $1.7 million for buyouts in the Oxbow area and if that number is included in this request to the State Water Commission, Mr. Costin said it is one of the eligible expenses that has been rolled forward in this request.

In response to a question from Commission Strand asking if the intent of the monies from the State was to direct the funds to be used internally in Fargo, Mayor Mahoney said with the Diversion money, the state committed to $69.5 million, Senator Al Carlson had a bill of $120 million for inside Fargo flood protection. He said the Senator gave Fargo $60 million last session and this session, and instead of finishing this in three bienniums, they moved it to four bienniums. He said there is $69.5 million over the four sessions and the money is there at $15 million a pop. He said there is no differential to in-town and out-of-town work. He said it is a combined project with the Diversion plus the in-town protection and he does not think Mr. Costin has been breaking those amounts out of the submission for reimbursement.

Mr. Costin said the City is rolling the total expenditures together for Fargo flood control projects and submitting them all to the State in one.

In response to a question from Commissioner Piepkorn as to if the Oxbow expenses could be broken out in a separate vote or is it required to have one vote, City Attorney Erik Johnson said there could be a separate question for those items that relate to Oxbow and one that relates to everything else.

Commissioner Strand said it is a division of the question and it is appropriate to make a motion to include what Commissioner Piepkorn likes it to be and there would be a subsequent motion needed for the other areas.

Commissioner Piepkorn moved the cost reimbursement request for the FM Area Flood Risk Management Project, excluding Oxbow expenses 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.

Commissioner Piepkorn moved the cost reimbursement request for the FM Area Flood Risk Management Project for all expenses related to Oxbow be approved.

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

Mr. Costin said in the future, there will be two reimbursement requests brought to the Commission, one which will include Oxbow costs and another that will include all others costs; therefore, the Commission can vote on each separately.

Expenditure Report of City Refugee Programs Received and Filed:
Commissioner Piepkorn said last October when this subject was brought up initially, the numbers received were very low and obviously incorrect. He said he wonders why people do not want to know these numbers. He said it is public tax money and it is the City Commission’s job to know where the public tax money is being spent. He said when people say it is none of our business, it is our business.

Commissioner Strand said in reference to the report, those services would be provided anyway and it is hard to tell which are specifically for refugees. He said he agrees the City needs to ask for all of the costs, and of the cumulative total, which part is for refugees.

Commissioner Piepkorn said there is going to be a Legislative Study Committee that will look at city, county and school numbers statewide. He said the bigger thing that should be happening is the City should be reimbursed by the federal government for these costs as the City does not know how many refugees are coming this year.

In response to a question from Commissioner Strand regarding the Health Department’s Nursing Program’s $65,000.00 total costs and if there was a filing for a federal reimbursement, Director of Public Health Ruth Roman said there was a request for dollars spent. She said what that request did not include was about 35% or 40% of costs from the nursing line that are reimbursed through a federal grant the Health Department has through the Office of Refugee Resettlement as well as insurances the Health Department is able to bill.

Mayor Mahoney said the Health Department receives many grants to supplement its budget.

Commissioner Piepkorn moved the Expenditure Report of City Refugee Programs be received and filed.

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

Appointments to the Fargo Dome Authority:
The Board received a communication from Mayor Mahoney recommending the appointment of Dan Armbrust to replace Ryn Pitts and the reappointment of David Suppes to the Fargo Dome Authority for four-year terms ending April 1, 2021.

Commissioner Gehrig moved Dan Armburst be appointed and David Suppes be reappointed to the Fargo Dome Authority for four-year terms ending April 1, 2021.

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.

Lease Agreement with Northland Hospitality LLC for Underground and Surface Parking Spaces to Serve City Hall, the Library and Civic Auditorium Approved:
The Board received a communication from City Administrator Bruce Grubb stating the design of the new City Hall includes insufficient parking spaces to meet the needs of staff. He said the proposed agreement is intended to replace the temporary parking spaces with a permanent parking solution for City Hall, the Library and Civic Auditorium. He said the agreement includes 110 underground parking stalls and 111 outdoor surface stalls to be constructed as part of the City Centre Lofts project (Northland); therefore, with 84 underground spaces in City Hall there would be a total available parking of 305, which should be sufficient to meet the parking needs. He said when Northland Hospitality sold its property to make way for the floodwall and 2nd Street reconstruction, there was some remnant property where a housing project will be built. He said the agreement in front of the Board tonight replaces the two temporary agreements. He said the annual lease payment for the Northland lease is $361,200.00 and would provide enough parking, especially after the Police Department is completely moved to its new location in 2019. He said the City is currently paying $242,800.00 for the two temporary lots out of infrastructure sales tax; however, based on this agreement, the City is left with a shortage of $118,000.00. He said what he offers as a possible solution is charging employees a $50 monthly fee for enclosed heated parking, which would allow the City to come up with enough funding to cover the lease agreement. He said Northland will also build an enclosed pedestrian walkway with direct access to City Hall.

Commissioner Gehrig said Link F-M was created for this reason; therefore, end Link F-M, which costs more than $100,000.00 a year.

In response to a question from Commissioner Strand as to if there are any other alternatives such as lease/purchase, Mr. Grubb said if Northland Hospitality chooses to sell the 111 surface stalls on the western half of its property, the City will have the first opportunity to buy it. He said the owner is also going to build an enclosed pedestrian walkway from the parking area with direct access to City Hall. Commissioner Grindberg moved the agreement with Northland Hospitality, LLC for underground and surface parking spaces to serve City Hall, the Library and Civic Auditorium be approved.

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

Construction Projects Update:
Ms. Walker shared an update of current construction projects and progress.

Public Comments on Expenditure Report of City Refugee Programs:
Erin Buzick, Fargo, said refugees add value to her life and that Commissioner Piepkorn does not understand the impact of his words. She asked the Commission to consider the damage that has been done to the community and said there is a value to the costs and benefits of refugees.

Abdiwali Sharif, Fargo, said Fargo is marginalizing refugees and he was shocked the City and Mayor have done nothing to prevent this behavior and discrimination. He said lives are more important than a few dollars and he wants to know the positive contributions of refugees. He said refugees pay property, sales and business taxes that benefit Fargo. He said as a citizen, he wants to see those numbers and an assessment of the positive contributions of refugees now that the costs are known.

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, May 22, 2017.

Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:22 o’clock p.m.