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Board of City Commissioners - September 25, 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, September 25, 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: Fargo Cass Public Health will host “Stepping On,” a free fall prevention workshop for residents age 60 and older; the Library has kicked off a strategic planning survey focused on gathering input on what Fargo residents are seeking in future library services and resources; the North Dakota Planning Association will hold its annual conference in Fargo on September 28th at the Hilton Garden Inn; exterior brickwork and the roof installation at the new water treatment plant is complete and winter work on the interior brickwork and process equipment will soon begin; and several local water providers are working together in planning regional water service including the Cities of Fargo, West Fargo and Horace and Cass Rural Water District, to plan system interconnections, water pressure zones and other topics to best serve the area with drinking water.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved, moving Item No. “13” from the Consent Agenda to the Regular Agenda and adding “Special Assessments for Business Improvement District (BID) Fees” to the public hearing items.

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

Minutes Approved:
Commissioner Gehrig moved that the Minutes of the Regular Meeting of the Board held on September 11, 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. 2nd reading, waive reading and final adoption of the following Ordinances; 1st reading, 9/11/17:
a. Amending Section 25-1509, of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages.
b. Rezoning Certain Parcels of Land Lying in Silverleaf Third Addition, Fargo, Cass County, North Dakota.
c. Rezoning Certain Parcels of Land Lying in BNG Addition to the City of Fargo, Cass County, North Dakota.

2. Receive and file Summons in the matter of Deutsche Bank and Trust Company Americas as Indenture Trustee for the registered holders of Saxon Asset Securities Trust 2005-3 Mortgage Loan Asset Backed Notes, Series 2005-3 v. City of Fargo, Terrie L. and Virgil J. Grenz and Does 1-10.

3. Receive and file General Fund – Budget to Actual through August 31, 2017 (unaudited).

4. Site authorization for Northern Prairie Performing Arts at Space Aliens – Fargo.

5. Applications for Games of Chance:
a. CCRI, Inc. for a raffle on 11/21/17; Public Spirited Resolution.
b. NDSU Foundation and Alumni Association for a raffle on 9/30/17.
c. El Zagal Holding Company for a raffle on 2/17/18.
d. The Village Family Service Center for a raffle and raffle board on 11/10/17.
e. Kappa Psi Co-ed Pharmaceutical Fraternity for a raffle on 10/23/17.
f. Lewis and Clark Elementary PTA for a raffle and bingo on 10/13/17.

6. Tax exemptions for improvements made to buildings:
a. Mary Michael N. and Jonathan M. Hedin, 1346 3rd Street North (5 year).
b. Troy T. and Alison M. Becker, 1413 8th Street South (5 year).
c. Stephanie Sokolofsky, 3226 Par Street North (5 year).
d. Jonathan M. Pikalek and Stephanie M. Hanson, 2807 Longfellow Road North (5 year).
e. Darren N. Dunlop and Donna L. Heck, 1643 Plumtree Road North (5 year).
f. Kevin H. and Karen A. Wilson, 1009 19th Avenue South (5 year).
g. Mark L. and Nancy L. Koehn, 2914 Southgate Drive South (5 year).
h. Jason T. Wollum and Stephanie A. Hansen, 218 21st Avenue North (5 year).
i. John L. and Sharon E. Matejcek, 114 16th Avenue North (5 year).
j. Harold and Lila D. Unruh, 1020 5th Street North (5 year).
k. Scott W. Pryor and Amy E. Rand, 1122 7th Street North (5 year).
l. Elmer H. and Clara J. Mueller, 1533 4th Street North (5 year).
m. James Fletcher, 1317 1st Avenue North (5 year).
n. James Fletcher, 1629 2nd Avenue South (5 year).

7. Bid awards for custodial services at City building locations for three-year contracts awarded to: Service Master Pros at Public Safety in the amount of $61,866.00; Osgood Services at Fargo Cass Public Health in the amount of $543,000.00, at the Downtown Library in the amount of $243,000.00 and at the Northport Library in the amount of $34,200.00; and Design Cleaning at Municipal Court in the amount of $84,600.00, at City Hall West Wing in the amount of $75,600.00 and at the Carlson Library in the amount of $46,800.00.

8. Notice of Grant Award from ND Department of Health for 2018 expenses and revenues for increasing breastfeeding rates/reducing overweight and obesity program (CFDA #93.994).

9. Notice of Grant Award from ND Department of Health for 2017 expenses and revenues for increasing breastfeeding rates/reducing overweight and obesity program (CFDA #93.994).

10. Purchase of Service Agreement with the ND Department of Human Services for substance abuse prevention (2017 expenses and revenues).

11. Purchase of Service Agreement with the ND Department of Human Services for substance abuse prevention (2018 expenses and revenues).

12. Notice of Grant Award from ND Department of Health for the chronic disease program (CFDA #93.758).

13. Grant Agreement with Lutheran Social Services of ND for refugee health services and interpreters (moved to the Regular Agenda).

14. Agreement for Statewide Tobacco Prevention Public Education Campaign with the Upper Missouri District Health Unit.

15. Notice of Grant Award Amendment from ND Department of Health for Tobacco Prevention and Control Program.

16. Service Agreement with Fargo Public Schools Department of Support Services for nursing care services for special education students during the 2017-2018 school year.

17. Agreement for Services with Samantha Nienow for online training.

18. Notice of Grant Award from the ND Department of Health for the WIC Program (CFDA #10.557).

19. Resolution approving Plat of Lime Addition (Attachment “A”).

20. Guaranty with Beyond Shelter, Inc., Church Townhomes Partners, LLLP and Renaissance Partners, LLLP.

21. Change Orders for the City Hall Project:
a. No. 11 for an increase of $20,801.25 for the general contract.
b. No. 12 for an increase of $5,000.00 for the general contract.
c. No. 7 for an increase of $1,359.00 for the electrical contract.
d. No. 8 for an increase of $1,744.00 for the electrical contract.

22. Bid award for Street Lighting Materials to Border States Electric in the amount of $46,272.00 (RFP17266).

23. Text Amendment to the Fargo Infrastructure Funding Policy to read “Base unit is a calculation of a three year running average of a minimum arterial width of forty feet or actual road width if less than forty feet”.

24. Time extension to 12/1/17 for Project No. FM-15-B2.

25. Final Balancing Change Order No. 1 for an increase of $19,767.00 for Project No. TR-15-C1.

26. Negative Final Balancing Change Order No. 2 in the amount of -$9,168.85 for Project No. FM-15-A1.

27. Bid awards for Project No. FM-17-B1 to Sellin Brothers, Inc. in the amount of $46,290.00 and for Project No. TR-17-A1 to Moorhead Electric in the amount of $195,716.00.

28. Bid advertisement for Project No. FP-17-A.

29. Contract and bond for Project No. FM-14-63.

30. Bid awards for FF&E for the Police Department Remodeling Project at the Border States Electric Building to: Business Essentials for $19,144.20 and $8,835.20; Christianson’s Business Furniture for $69,327.95 and $15,712.58; Brown & Saenger for $4,792.23; Hannaher’s Inc. for $47,656.34.

31. Bills in the amount of $7,390,859.67

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

Memorandum of Offer to Landowner for a Permanent Easement (Street and Utility) Approved (Improvement District No. BN-17-A1):
Commissioner Strand moved the Memorandum of Offer to Landowner for a permanent easement (street and utility) from Elwood Jay Brand for Improvement District No. BN-17-A1 be approved.

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

Infrastructure Request for Improvement District No. BN-16-H1 Approved (53rd Avenue South East of 63rd Street):
The Board received a Report of Action from the Public Works Evaluation Committee (PWPEC) regarding a petition from 50.9% of the property owners fronting the requested street improvements. The Committee review a communication from Engineering Services Division Engineer Brenda Derrig stating that Engineering has not had contact with the other owners and there is a chance they may oppose the paving. She said staff would need to conduct public input meetings once the owners are notified and have the ability to protest the project. They said there is a possibility that once the design is completed the project will not proceed due to protests; however, staff feels this is an appropriate risk due to the desire to see the road paved to minimize maintenance needs.
Commissioner Strand moved the infrastructure request for Improvement District No. BN-16-H1 be approved.

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

Cost Participation and Maintenance Agreement with the NDDOT for Improvement District No. PR-17-B1 Approved:
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) regarding a cost participation and maintenance agreement associated with the upcoming South University Drive street reconstruction project between 18th Avenue South and 21st Avenue South.
They said staff has coordinated with the NDDOT and is comfortable with the language and is recommending approval.
Commissioner Strand moved the Cost Participation and Maintenance Agreement with the NDDOT for Improvement District No. PR-17-B1 be approved.

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

Amended Cost Participation and Maintenance Agreement with the NDDOT for Improvement District No. QN-17-A1 Approved:
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) regarding a cost participation and maintenance agreement associated with the upcoming pedestrian bridge replacement project on the Oak Grove/Memorial Parks Pedestrian Lift Bridge over the Red River.
They said the NDDOT realized they needed to amend the original CPA Agreement due to the fact that the new engineer’s estimate is about $1,500,000.00. They said this results in less than 50% of the project being funded with federal aid which requires the local agency to make contractor payments and then solicit reimbursement from NDDOT for the Federal Aid Committee to the project.
Commissioner Strand moved the Amended Cost Participation and Maintenance Agreement with the NDDOT for Improvement District No. QN-17-A1 be approved.

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

Change Order No. 1 for Improvement District No. PR-17-H1 Approved:
Commissioner Strand moved approval of Change Order No. 1 for an increase of $21,637.96 for Improvement District No. PR-17-H1.

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

Negative Final Balancing Change Order No. 1 for Improvement District No. TN-16-C1 Approved:
Commissioner Strand moved approval of the Negative Final Balancing Change Order No. 1 in the amount of $-15,747.74 for Improvement District No. TN-16-C1.

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

Time Extension for Improvement District No. PR-17-H1 Approved:
Commissioner Strand moved approval of a time extension to Border States Paving for final completion on November 16, 2017 for Improvement District No. PR-17-H1.

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

Contract Amendment No. 1 for Improvement District No. BR-18-B2 Approved:
Commissioner Strand moved approval of Contract Amendment No. 1 for an increase of $62,000.00 for Improvement District No. BR-18-B2.

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

Addition of Improvement District No. SN-16-C1 to the 2017 Capital Improvement Plan Approved:
The Board received a Report of Action from the Public Works Projects Evaluation Committee stating Transportation Division Engineer Jeremy Gordon requested an edit to the 2017 CIP by moving an approved 2016 project into 2017. They said the project in question is a shared use path project with a pedestrian crossing island in the area of the Microsoft Campus and Cottagewood Addition.
Commissioner Strand moved the addition of Improvement District No. SN-16-C1 to the 2017 Capital Improvement Plan be approved.

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

Sole Source Procurement for Five BNSF Railroad Utility Crossing Licenses for Improvement District No. BN-17-A1 Approved:
Commissioner Strand moved the Sole Source Procurement for five BNSF Railroad Utility Crossing Licenses in the amount of $31,000.00 for Improvement District No. BN-17-A1 be approved.

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

Sole Source Procurement for Two BNSF Railroad Utility Crossing Licenses for Improvement District No. BN-17-B1 Approved:
Commissioner Strand moved the Sole Source Procurement for five BNSF Railroad Utility Crossing Licenses in the amount of $9,000.00 for Improvement District No. BN-17-B1 be approved.

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

No Protests Received for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-G1:
The Statutory Resolution of Necessity for the construction of P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-G1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on August 21 and 28, 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 P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-G1.

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

Bids Received for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-G1:
The bids for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-G1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., September 20, 2017 and the bids were found to be as follows:

Key Contracting, Inc. Fargo, ND
Bid: $395,656.00

Earthwork Services, Inc. West Fargo, ND
Bid: $444,677.60

Adelman Concrete and Excavating, Inc. West Fargo, ND
Bid: $585,944.96

Contract for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-G1 Awarded to Key Contracting, Inc. in the Amount of $395,656.00:
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 P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-G1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-G1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-G1 shows the bid of Key Contracting, Inc. of Fargo, North Dakota, in the sum of $395,656.00 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Key Contracting, Inc. in the sum of $395,656.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-G1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Key Contracting, Inc. for the sum of $395,656.00, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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

Storm Sewer, Asphalt Paving, Concrete Curb and Gutter, Street Lighting, Sidewalk and Incidentals Improvement District No. BN-16-H (53rd Avenue South):
Commissioner Strand moved the following action be taken in connection with Storm Sewer, Asphalt Paving, Concrete Curb and Gutter, Street Lighting, Sidewalk and Incidentals Improvement District No. BN-16-H:

Adopt Resolution Creating Improvement District No. BN-16-H:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BN-16-H in the City of Fargo, North Dakota, be created

53rd Avenue South between 63rd Street South and 52nd Avenue South.

COMPRISING:
Lots 1 and 2, Block 1.
Currier Trust Subdivision.

Lots 1 through 3, Block 1.
Dittmer Subdivision.

Lots 1 through 4, Inclusive, Block 1.
Ken’s Subdivision.

Lot 1, Block 2.
Richard 2nd Subdivision.

Lots 1 through 4, Block 1.
Lots 1 through 4, Block 2.
All in Richard 3rd Subdivision.

The unplatted portion of the east half of the NE 1/4 of Section 5, Township 148 North, and Range 49 West, 2009 Southside Annexation 2.

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

NOW, THEREFORE, BE IT RESOLVED, That Storm Sewer, Asphalt Paving, Concrete Curb and Gutter, Street Lighting, Sidewalk and Incidentals Improvement District No. BN-16-H in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. BN-16-H:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-16-H in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $1,370,267.03.)

Order Plans and Specifications for Improvement District No. BN-16-H:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BN-16-H in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-16-H:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-16-H in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. BN-16-H in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Storm Sewer, Asphalt Paving, Concrete Curb and Gutter, Street Lighting, Sidewalk 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 Storm Sewer, Asphalt Paving, Concrete Curb and Gutter, Street Lighting, Sidewalk and Incidentals Improvement District No. BN-16-H 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 Storm Sewer, Asphalt Paving, Concrete Curb and Gutter, Street Lighting, Sidewalk 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-16-H:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BN-16-H in the City of Fargo, North Dakota.

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

Shared Use Path and Incidentals Improvement District No. SN-16-C (Various Locations in South Fargo):
Commissioner Strand moved the following action be taken in connection with Shared Use Path and Incidentals Improvement District No. SN-16-C:

Adopt Resolution Creating Improvement District No. SN-16-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. SN-16-C in the City of Fargo, North Dakota, be created

Between 38th Street and 42nd Street along the north edge of Cottagewood 1st Addition and along 38th Street South.

COMPRISING:
Lot 1, Block 2.
All in Great Plains Software Addition.

Lot 1, Block 3.
All in Prairie Tech Addition.

Lot 1, Block 1.
All in Vista Addition.

Lots 1 through 3, Block 1.
All in William Thomas Addition.

Lots 1 through 5, Block 1.
Lots 1 through 10, Block 2.
Lots 1 through 21, Block 3.
Lots 1 through 19, Block 4.
Lots 1 through 9, Block 5.
All in Cottagewood 1st Addition.

Lots 1 through 18, Block 1.
All in Cottagewood 2nd Addition.

Lot 1, Block 1.
All in Cobalt Addition.

Lot 1, Block 1.
All in Edition Addition.

Lots 1 through 19, Block 1.
Lots 1 through 20, Block 2.
All in Cottagewood 3rd Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Shared Use Path and Incidentals Improvement District No. SN-16-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. SN-16-C:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. SN-16-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 $354,892.80.)

Order Plans and Specifications for Improvement District No. SN-16-C:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. SN-16-C in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. SN-16-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. SN-16-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. SN-16-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 Shared Use Path and Incidentals Improvement District No. SN-16-C 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 Shared Use Path and Incidentals Improvement District No. SN-16-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 Shared Use Path 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. SN-16-C:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. SN-16-C in the City of Fargo, North Dakota.

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

State Water Commission Request for Reimbursement for FM Diversion Project Costs Approved:
Finance Director Kent Costin said the State Water Commission is requesting $3,837,546.00 for cost reimbursement for the FM Area Flood Risk Management Project for August 2017. He said the request is for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project.
Commissioner Grindberg moved the reimbursement request in the amount of $3,837,546.00 for the FM Area Flood Risk Management Project for expenses related to projects excluding Oxbow/Hickson/Bakke be approved.

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

State Water Commission Request for Reimbursement for FM Diversion Project Costs Approved:
Finance Director Kent Costin said the State Water Commission is requesting $1,501,080.00 for cost reimbursement for the FM Area Flood Risk Management Project for August 2017. He said the request is for expenses related to projects in the Oxbow/Hickson/Bakke component of the project.
Commissioner Grindberg moved the reimbursement request in the amount of $1,501,080.00 for the FM Area Flood Risk Management Project for expenses related to projects in Oxbow/Hickson/Bakke be approved.

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

Karen Moore Reappointed to the Housing and Redevelopment Authority:
The Board received a communication from Mayor Mahoney recommending Karen Moore be reappointed to the Housing and Redevelopment Authority.
Commissioner Strand moved Karen Moore be reappointed to the Housing and Redevelopment Authority for a three-year term ending September 30, 2020.

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

Appointment of Members to the Fargo Youth Initiative for the 2017-2018 School Year Approved:
The Board received a communication from City Commissioner John Strand on his recommendations for appointments to the Fargo Youth Initiative (FYI) for the 2017-2018 academic school year. He said he would like to recommend the following interested participants:
Returning members: Taylor Bowen (South-12), Martha Denton (North-11), Tate Fisher (North-11), Sam Frojen (South-12), Ameena Jovonovich (North-11), Garrett Krom (North-12), Dylan Lee (Davies-12), Nidhi Mahale (Davies-12), Morgan Mastrud (North-11), Hadley Mineer (North-10), Kyle Tekautz (North-12), Saige Thurlow (Davies-12).
New members: Rylee Lindemann (Davies-12), Jack Lingle (Davies-10), Juliet Sampson (Davies-11), Page Schoer (Davies-12), Ed Shen (Davies-11), Kiara Stroh (Davies-12), Katie Wieers (South-10). He said he would also like to recommend adult mentors from the Planning Department, School District, former FYI members and himself to help guide the process.

Commissioner Strand moved the members be appointed to the Fargo Youth Initiative for the 2017-2018 school year as recommended.

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.

Bid Award for Project No. WA1510 Approved:
Water Utility Director Troy Hall said the project is for the Sheyenne River Pump Station improvements, which transfers water from the Sheyenne River to the City’s treatment plant. He said there were four separate bids for the project; one for general, one for mechanical, one for electrical and one combined. He said there was not a bid for mechanical; therefore, the lowest two combined electrical and general bids were used. He said this is an important project as the Sheyenne River is Fargo’s redundant water supply and is used routinely. He said this is also one of the City’s regionalization projects and there is $6.8 million in regionalization funds the City can use for projects such as this one. He said since the September 11, 2017 meeting he has worked with City Attorney Erik Johnson, an engineer and the contractor for a bid award recommendation. He said the general contractor will get the general and mechanical bids and electrical will get the electrical bid; therefore, two contractors will work on the project.

Mr. Johnson said the project did not get a mechanical bid; however, the 2015 Legislature enacted a revision to the bidding law, which fits this situation perfectly. He said when there is a missing bid and one contractor does not bid, there are situations that allow the City to amend the larger of the two bids, in this case the general, and add the mechanical up to $150,000.00 by statute. He said it is an exception to the bidding law where the City can wrap a mechanical bid into a general contract, which is what happened with this project by negotiation with the general bidder.
Commissioner Gehrig moved the Bid Award to Swanberg Construction in the amount of $1,207,000.00 and to John’s Refrigeration and Electric in the amount of $883,039.00 for Project No. WA1510 be approved.

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

Grant Agreement with Lutheran Social Services of North Dakota for Refugee Health Services and Interpreters Approved (Moved from the Consent Agenda):
Commissioner Piepkorn said he asked that this item be moved from the Consent Agenda to the Regular Agenda so there would be a chance for discussion and the Commissioners could vote on it individually.

Director of Public Health Ruth Roman said Fargo Cass Public Health has been contracting with Lutheran Social Services of North Dakota (LSSND) for 15 years. She said the money received from LSSND provides nurse case management services for incoming refugees. She said federal dollars for LSS of ND have decreased; however, Public Health is appreciative of getting the funds to cover some services that would be provided with or without funding from LSS of ND.

Commissioner Piepkorn said the funding for Public Health is referred to as a grant. He said Public Health makes it seem as though grants do not cost taxpayers anything; however, grants are from federal taxpayer dollars.

In response to a question from Mayor Mahoney as to what percentage of the Public Health’s budget is from grants, Ms. Roman said a third is from federal, state and local grant funds, a third is from the general fund and a third is from private pay fees. She said LSSND is the designated resettlement agency for North Dakota. She said in most states, the Department of Human Services at the state level is the resettlement agency, which was the case in North Dakota for many years. She said about 10 years ago, former Governor John Hoeven designated LSSND as the resettlement agency and LSSND receives the federal dollars that state entities receive in other states. She said most of Fargo Cass Public Health’s federal funding comes through LSSND.

In response to a question from Commissioner Strand as to how many interpreters does Fargo Cass Public Health use, Ms. Roman said there about 10 to 12 interpreters.
Commissioner Strand moved the Grant Agreement with Lutheran Social Services of North Dakota for Refugee Health Services and Interpreters be approved.

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

Application Filed by The Edge Artist Flats, LLC for Payment in Lieu of Tax Exemption (PILOT) Approved:
A Hearing had been set for this day and hour on an application filed by The Edge Artist Flats, LLC for a payment in lieu of property tax exemption (PILOT) for a project located at 1321 5th Avenue North, which the applicant will use in operation of a low-income apartment project.
No written protests have been filed for the attention of the Board.
The Board determined that no person is present at this Hearing to protest or offer objection thereto.

City Assessor Ben Huschka said the company will be applying for the Internal Revenue Service low-income tax credit program and the City’s policy does include for-profit low-income projects such as this. He said he met with the applicant and he has received no protests from competitors and the Tax Review Committee recommends approval. He said it is a 15-year PILOT based on taxing the actual income received from restricted rents.

Erin Anderson, Commonwealth Development Corporation, said the new housing development at 5th Avenue North and University Drive will have 42 units of affordable housing, will be non-age restricted with two and three bedroom units with rents significantly lower than market. She said when a property is assessed using local methods, it is assessed at market value; therefore, if this development were to be taxed based on rents the market can bear, the property taxes are significantly higher than what the project can support based on current rents; therefore, she said she is appreciative the PILOT program is available.

In response to a question from Commissioner Gehrig as to what the rent amounts will be and how that is decided, Ms. Anderson said they have varying scales ranging from 30 percent to 60 percent of county median income. She said for example, at 30 percent a two-bedroom unit would be $441.00, at 40 percent it would be $618.00, at 50 percent it would be $795.00 and at 60 percent it would be $850.00.

In response to a question from Commissioner Gehrig as to what the profit will be year one versus when the PILOT ends, Ms. Anderson said there is a steep decline each year because expenses grow at a more rapid rate than the income. She said the way projections are standardized using the low-income housing tax credit program, Commonwealth Development is required to project a 2 percent increase and a 3 percent expense increase; therefore, in year fifteen there is a lot less cash flow than in year one due to the fact that the corporation can only support so much debt on the first mortgage, therefore it is sized accordingly so it works in year 15. The return on investment is 1.15 percent, she said, which is about $15,000.00.

In response to a question from Commissioner Grindberg on the methodology of the recommended PILOT payment, Mr. Huschka said this PILOT is using the 5.5 gross rent multiplier against actual rents received. He said the Assessor’s office estimated the market value of the project, assuming it would be valued at what other apartments projects are getting that do not have the restricted rent program, which would be worth $5 million on the market. He said by using a 5.5 gross rent multiplier against actual rents, Commonwealth is actually taxed on a building value of $1.6 million rather than $5 million. He said Commonwealth will pay the full tax on the land of $3,900.00 and the total tax and pilot is $22,000.000 per year. He said if Commonwealth were taxed on the full market value, it would be $75,000.00 per year. He said an added twist this year is Cass County and the Fargo School District have to be notified due to the fact that they can opt out. He said the School District opted in; however, Cass County decided not to participate. He said with Cass County not participating, the City will be sending Cass County an additional $10,260.00 each year to make the county whole.

In response to a question from Commissioner Gehrig as to why Cass County voted to not participate, Mayor Mahoney said the concern was the length of the PILOT and Cass County would have been more comfortable with a 10-year PILOT.

In response to a question from Commissioner Gehrig about requirements for federal funds and are local partnerships required, Mr. Huschka said in order for Commonwealth to get federal tax credits, the City needs to provide a letter of support to the North Dakota Housing Finance. He said the City’s policy is in order to grant the PILOT incentive, low-income tax credit funding is required.

In response to a question from Commissioner Grindberg as to whether or not the federal program mirrors the 15 years with the PILOT and in 2028 will there still be accountability and checks and balances, Planning Director Jim Gilmour said federal tax credits are given for 15 years and are syndicated. He said the feds and the ND Housing Finance Agency administers and monitors the program. He said these types of applications for tax credits are competitive and there have not been many recently in Fargo. He said many of them went out to western North Dakota. He said part of the criteria is local support, such as a waiver of building permit fees and other incentives, and then the business gets more points and are more likely to get the project funded in Fargo.

In response to a question from Commissioner Piepkorn about the name of the project and what it means for occupants, Ms. Anderson said the company is trying to embrace a creative culture. She said it is not a requirement for a person to be an artist to live there; however, they plan to provide amenities such as an art studio and small art groups and she hopes residents who are interested in arts would participate. For families, she said, they would like to incorporate arts and crafts for children. She said that is the vision for this project and the name is more of a marketing tool.

In response to a question from Commissioner Gehrig about how the apartments are differentiated, Ms. Anderson said seven of the units are designated as supportive housing for families coming out of homelessness and would have zero rent. She said six units will be available at the 30 percent rent restriction, 7 percent of the remaining units will be at the 40 percent level, 52 percent, or the bulk of the units, are at the 50 percent level and 10 percent are at the 60 percent level. She said rents would range from zero to $995.00.

Commissioner Strand said the City is often looking and struggling to get affordable housing and he hopes Commonwealth will do more.

In response to a question from Commissioner Gehrig as to why the project is being built Downtown on some of the most expensive real estate and would they not get more bang for their buck if they built on 25th Street South or on South University Drive, Mayor Mahoney said the project site is on the edge of Downtown and is a vacant lot that is more than likely the same price per square foot as land on 25th Street or University Drive.

Commissioner Piepkorn said the apartments will be on the public transportation route, residents will be within walking distance to healthcare and a grocery store. He said there has to be concerted effort to have a mix of housing Downtown or it is going to lead to gentrification.

Commissioner Piepkorn moved that the application filed by The Edge Artist Flats, LLC for a 15-year payment in lieu of tax exemption pursuant to Chapter 40-57.1, NDCC be approved as follows:

Year 1 $18,764.00
Year 2 $19,139.00
Year 3 $19,522.00
Year 4 $19,912.00
Year 5 $20,310.00
Year 6 $20,717.00
Year 7 $21,131.00
Year 8 $21,554.00
Year 9 $21,985.00
Year 10 $22,424.00
Year 11 $22,873.00
Year 12 $23,330.00
Year 13 $23,797.00
Year 14 $24,273.00
Year 15 $24,758.00

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.

Application Filed by Juice Blends Fargo, LLC d/b/a Juice It Smoothie and Juice Bar for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Juice Blends Fargo, LLC d/b/a Juice It Smoothie and Juice Bar for a Class "F" Alcoholic Beverage License at 64 Broadway, Suite 101, Fargo, 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 Juice It Smoothie and Juice Bar is applying for a Class “F” license to allow them to sell alcoholic beverages on-sale only.
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 Filed by Wild Terra Cider and Brewing Company LLC d/b/a Wild Terra Cider and Brewing Company for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Wild Terra Cider and Brewing Company LLC d/b/a Wild Terra Cider and Brewing Company for a Class "C-W-P" Alcoholic Beverage License at 6 12th Street North, 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 “C” is beer, “W” is wine and “P” is production wine. He said the applicant did a lot of research and was well prepared for the requirements of the state, local and federal laws.

Commissioner Piepkorn said Mr. Sprague does a very good job in being flexible and finding ways to make a liquor license fit with a business.

Breezee Hennings, Fargo, said Wild Terra Cider and Brewing Company is the first cidery in North Dakota. She said she and her husband found the former horse barn near the food co-op in Downtown Fargo that had not been used for more than 50 years. She said she and her husband are leasing the space and doing all the renovation work. She said there are no commercial apple orchards in North Dakota yet; therefore, they are going to use local apples as well as apples from Michigan, South Dakota and Washington. She said on the next harvest cycle they will use more local apples, which is also known as urban gleaning where residents will notify them they have apple trees, they will go to the resident’s home and pick the apples, then use the apples in the cider. In return, she said, the residents will get a token for some of their own cider. She said many farmers have contacted her and want to plant apple trees on land they are not using. She said there are state grants for planting apple trees.

Commissioner Gehrig said there is no limit on “W” licenses and no limit on “P” licenses, however there was a limit on “C” licenses with only two available last year. He said Liquor Control voted to increase the number to 10 and now Fargo has the Front Street Taproom and others. He said Fargo Brewing has now switched from production to retail and now uses a “C” license. He said Fargo is a hub for brewing and wineries and it is becoming a new industry in Fargo. He said he hopes there can be discussion about not limiting licenses as that would be pushing away business; however, by expanding the number of “C” licenses the City is seeing businesses move in and create jobs.
Commissioner Strand moved the application be approved.

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

Hearing on the Special Assessment List for Maintenance of the Skyway System Approved:
A Hearing had been for August 14, 2017 on the special assessment list for maintenance of the Skyway System in the City of Fargo, North Dakota.
At the August 14, 2017 meeting, the Hearing was continued to this date and hour.

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.

City Auditor Steve Sprague said the City Commission annually approves the assessment to the properties connected to the skyway. He said the assessments pay for cleaning, maintenance, heating and air conditioning in the skyway and notices were sent out to property owners. He said the assessments are $90,000.00 this year and there have been no protests. He said usually the only questions that arise are when there is an ownership change.
Commissioner Grindberg moved that the special assessment list for maintenance of the Skyway System be and the same is hereby approved and confirmed and ordered filed in the office of the City Auditor and that the City Auditor's Office be instructed to proceed to collect the assessments in the manner provided by law.

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

Hearing on the Special Assessment List for Business Improvement District (BID) Fees Approved:
A Hearing had been set for this day and hour on the special assessment list for Business Improvement District (BID) fees in the City of Fargo, North Dakota.
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.

City Auditor Steve Sprague said the BID was established in 2012 for a five-year cycle. He said if the Board does not act on it, the BID will expire in December 2017. He said public hearings and meetings have been held and notices mailed out and this is the final step to approve the BID. He said this BID will be for three years and generate $300,000.00 a year in assessments. He said the protest level for the BID is 30 percent; however, he said less than 1 percent protested.

Commissioner Piepkorn said property owners are paying additional fees for this; however, everyone sees the benefit. He said it has a 99 percent approval rating which is impressive.
Commissioner Piepkorn moved that the special assessment list for Business Improvement District (BID) fees be and the same is hereby approved and confirmed and ordered filed in the office of the City Auditor and that the City Auditor's Office be instructed to proceed to collect the assessments in the manner provided by law.

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.

Parcels of Land in Reeves Addition Rezoned (502 University Drive North and 1321 5th Avenue North):
At a Hearing held on September 5, 2017 the Fargo Planning Commission recommended approval of a change in zoning from GC, General Commercial to DMU, Downtown Mixed Use, with a C-O, Conditional Overlay, on part of Lots 1-6, 7-9 and 19-24, Block 6, 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.

Planning Administrator Nicole Crutchfield said this rezoning correlates with The Edge Artist Flats project. She said the applicant first approached staff to discuss the project and the process of obtaining state low-income housing tax credits. She said the applicant asked if this location would be an appropriate area for DMU. Through past cases and previous Downtown area planning, she said it was determined Planning staff would be supportive of the DMU zoning request one block west of University Drive. She said there were some concerns from Public Works and Engineering about the building’s proximity to the retaining wall on the east side of the property adjacent to University Drive, which supports the railroad bridge. She said the retaining wall is owned by the Department of Transportation; however, it is maintained by the City of Fargo. She said if the DMU zoning change were approved, the building could be built on the property line adjacent to the wall with no setback. She said it was suggested the GC setback of 20 feet remain on the east property line until further structural analysis is conducted to determine if the setback should be greater or less than 20 feet. She said there were also concerns with the existing storm water utility and railroad-owned lift station, which are at full capacity and cannot accommodate further development. She said if the DMU zoning change were approved, the property would be exempt from storm water retention requirements. She said language has been added to the C-O that the applicant shall not obtain a building permit until the City and the applicant have an approved agreement for a storm water management plan. She said there was also added text to the ordinance, “provide for access for maintenance” which was added after meetings with the legal team, the applicant and the Engineering office.

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

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

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Reeves Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Grindberg moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in Reeves Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Text Amendment to Amend Section 20-04 of the Fargo Municipal Code (Land Development Code) Relating to the Regulation of Self-Service Storage in the DMU, Downtown Mixed Use, Zoning District Approved:
A Hearing had been held by the Fargo Planning Commission on September 5, 2017 for the purpose of considering a request for a Text Amendment to Section 20-04 of the Fargo Municipal Code (Land Development Code) relating to the Regulation of Self-Service Storage in the DMU, Downtown Mixed Use, Zoning District and the Fargo Planning Commission at such Hearing recommended to the Board of City Commissioners that the request be approved.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
There have been no written or verbal protests to the request and no one is present to protest thereto.

Planning Administrator Nicole Crutchfield said Planning staff has received several inquiries from property owners in Downtown Fargo on potential land uses for the basements of existing businesses. A common request, she said, is owners seeking to have rentable storage in the otherwise undevelopable basement. She said due to the large growth of residential in the Downtown core and the lack of garages or areas for personal storage, there has been a growing need for more self-service storage Downtown. She said the proposed Text Amendment would allow property owners to develop self-service storage areas and rent them to individuals in need of extra storage. She said the Text Amendment would not allow a structure to be fully converted or built as a self-service storage building. She said the intent is for the storage to be an accessory to commercial or residential use and contained to a limited area.
Commissioner Grindberg moved the request be approved on the basis the proposed Text Amendment complies with Section 20-0904.E (1-3) of the Land Development Code.

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.

First Reading of an Ordinance Amending Sections 20-0401 and 20-0402 of Article 20-04 of Chapter 20 of the Fargo Municipal Code Relating to Use Regulations and Self-Service Storage:
Commissioner Grindberg moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Amending Sections 20-0401 and 20-0402 of Article 20-04 of Chapter 20 of the Fargo Municipal Code Relating to Use Regulations and Self-Service Storage 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.

Resolution Adopted Approving a Vacation of Public Utility Easement Located on Lots 1-3, Block 3, Jerstad-Thompson First Subdivision (2836 44th Avenue North):
The Board received a communication from Planning Administrator Nicole Crutchfield stating a portion of a public utility easement established by Plat (Jerstad-Thompson First Subdivision) on September 19, 1996, and the easement does not contain any utilities and is unlikely to be needed in the future. She said it is common practice to issue these easements during the platting process and as the property developed, it became apparent there was no need for this easement.
Division Engineer Brenda Derrig said there is one owner of Lots 1, 2 and 3 and after reaching out to area utility companies, it was discovered there are no issues with the vacation of this easement. She said the City also has no utilities on these lots.
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, A public utility easement was dedicated and established as a result of a Plat dated September 19, 1996, and recorded in the Office of the Recorder for Cass County, North Dakota on the 13th day of January, 1997, as document number 868417, which easement consisted of five (5) foot wide easement lying adjacent to and north of the southerly boundary of the following described real property situate in the County of Cass and State of North Dakota:
Lots One (1) through Ten (10), Block Three (3), Jerstad-Thompson 1st Subdivision; Said easement to be referred herein as the “Public Utility Easement;
WHEREAS, Dean R. Slotten, a single man, is the owner of Lots One (1), Two (2) and Three (3); Block Three (3), Jerstad-Thompson 1st Subdivision (hereinafter the “Subject Property” and Dean R. Slotten is also the owner of the real property adjacent to and immediately south of the Subject Property, which is situate in the County of Cass and State of North Dakota described as follows:
Lot One (1), Block one (1), Hager’s First Addition, (hereinafter referred to as the “Adjacent Southerly Parcel”);
WHEREAS, Based upon information and belief, there are no actual public utilities currently utilizing or accessing the Public Utility Easement lying within the Subject Property;
WHEREAS, Dean R. Slotten has requested that said Public Utility Easement be released and relinquished by the City of Fargo, a North Dakota municipal corporation to allow Dean R. Slotten to construct a building and/or improvement upon his property which may encroach upon said easement and the City is willing to release any interest it may have in said easement,
NOW, THEREFORE, The City of Fargo, a North Dakota municipal corporation, and Dean R. Slotten, a single man, do hereby release, terminate and relinquish that portion of the Public Utility Easement lying with the Subject Property as depicted on the surveyor’s certificate attached hereto as “Exhibit A.”
It is the express intention of the City of Fargo and of Dean R. Slotten to relinquish and release any and all right they, or either of them, have in the above-described property as shown on the plat of Jerstad-Thompson 1st Subdivision; provided, however, that the City makes no warranty as to title or interest and makes no warranty as to its authority to so release or relinquish the same.

Hearing on Appeal of the Board of Adjustment’s Denial of a Request for a Variance Continued to October 9, 2017 (3931 and 3949 37th Avenue South):
A Hearing had been set for September 11, 2017 on the appeal of an August 22, 2017 ruling of the Board of Adjustment denying the request for a variance for a proposed building to be constructed to a lower level elevation than would otherwise be required by the City’s Floodproofing Code, as referenced by Article 21-06 of the Fargo Municipal Code at 3931 and 3949 37th Avenue South.

At the September 11, 2017 Regular Meeting, the Hearing was continued to September 25, 2017; however, the Planning Department has requested the Hearing be continued to Monday, October 9, 2017.
Commissioner Strand moved the Hearing be continued to 5:15 o’clock p.m., Monday, October 9, 2017.

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

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, October 9, 2017.

Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:01 o’clock p.m.