Board of City Commissioners - April 23, 2018 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, April 23, 2018.

The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg (via conference call), Piepkorn, Strand, Mahoney.
Absent: None.

Mayor Mahoney presiding.

The Mayor read a statement with the following information: Meetings were held recently with Insurance Services Organization (ISO) - ISO will review all information and give a report in four to six months; Fargo Cass Public Health Emergency Preparedness and Response Division will partner with law enforcement, first responders and additional area agencies to conduct a training exercise to test the ability of these agencies to respond to and set up a Point of Dispensing in the event of a public health emergency; May is Building Safety Month, a Commercial Building Plan Review and Permitting Guide is now available on the City’s website; several interesting and engaging programs for residents of all ages at the Library over the
next couple of weeks; the Police Department’s Community Trust Officers received a bus from Transit for transporting children to and from CTO summer camp and other activities; and the Street Department has started street sweeping operations throughout the city.

The Mayor announced that City Fleet Manager Harold Pedersen is retiring on May 1st. He began his career with the city in 1979 as an equipment technician, was promoted to fleet manager in 2005 and has been instrumental in the introduction of many valuable changes in the way the city manages and maintains the fleet. Public Works Director Ben Dow presented Mr. Pederson with a retirement plaque.

Order of Agenda Approved:
Commissioner Gehrig moved the Order of the Agenda be approved, moving Item No. “1” from the Consent Agenda to the end of the Regular Agenda.

Second by Strand. 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 9, 2018 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. 1st reading of an Ordinance Amending Section 25-1504.3, of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages (moved to the Regular Agenda).

2. First Amendment to Easement Agreement and Building Encroachment Easement Agreement Pertaining to Roberts Commons Parking Ramp and Dillard Property.

3 Applications for property tax exemption for improvements made to buildings:

a. Rebecca M. and Jordan W. Green, 513 10th Street South (5 year).
b. Old Town LLC, 915 Broadway North (5 year).

4. Receive and file First Quarter Financial Status Report for Major Operating Funds through March 31, 2018.

5. Receive and file General Fund – Budget to Actual through March 31, 2018 (unaudited).

6. Sale of 810 12th Avenue North to Lake Agassiz Habitat for Humanity for $16,300.00.

7. Applications for Games of Chance:
a. River Keepers for a raffle on 6/11/18.
b. North Dakota CPA Society Foundation for a raffle on 5/22/18.
c. Lewis and Clark Elementary PTA for bingo on 5/4/18.
d. Roger Maris Charity Golf Tournament for a raffle on 6/25/18.
e. Davies High School Friends of Doug Hansen for a raffle on 5/2/18; Public Spirited Resolution.

8. Bid award in the amount of $107,725.00 to MidStates Wireless for outdoor warning sirens (RFP181120).

9. Contract Award for Consulting Public Information Coordinator services in the amount of $49,500.00 to Flint Communications, Inc. for Project No. MS-18-F0 for the 2018 construction season.

10. Sole Source Procurement in the amount of $30,000.00 to Odney Media Campaign for the e-cigarettes tobacco program.

11. Second Amendment to Agreement for Services with Community Medical Services (SSP17270).

12. Agreement for Services with Lost and Found Recovery Center.

13. Agreement with Bob Miller to perform training in the Building Inspections Department from 4/23/18 to 12/1/18.

14. Community Development Block Grant Storefront Rehab project at 202 Broadway North.

15. Memorandum of Understanding Regarding Policing Park District Facilities with the Park District of the City of Fargo.

16. Change Orders for the City Hall Project:
a. No. 21 for an increase of $15,063.00 for the general contract.
b. No. 12 for an increase of $4,881.00 for the mechanical contract.
c. No. 13 for an increase of $2,543.00 for the mechanical contract.
d. No. 11 for an increase of $55,832.00 for the general contract.

17. 2018 Mosquito Control Agreement with Cass County.

18. Property License Agreement with Fargo Park District to Extend Off Road Trail System.

19. Lease Purchase, in the amount of $524,125.00, for one crawler dozer from General Equipment for the Landfill (RFP18123).

20. Bid awards for body damage repairs to City of Fargo light duty vehicles to Corwin Collision Center in the amount of $60/hour, and for heavy duty and Transit vehicles to Glenn’s Body Repair in the amount of $80/hour (RFP18130).

21. Negative Final Balance Change Order No. 1 in the amount of -$12,198.02 for Project No. 6066.

22. Utility Easement Termination associated with Project No. FM-14-93.

23. Bid award to Paras Contracting, in the amount of $239,489.00, for Project No. SN-18-B1 and concur with the City of Moorhead and award bid to PCiRoads, LLC in the amount of $153,358.50 for Project No. QR-17-C1.

24. Bills in the amount of $6,771,508.74.

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

Agreement for Consulting Engineering Services with Stantec Consulting Services Inc. for Improvement District No. TR-18-B0 Approved:
The Board received a Report of Action from the Consultant Selection Committee stating staff reviewed proposals submitted for the new quiet zone project at 7th Avenue and 16th Street North railroad crossing and selected Stantec Consulting Services Inc. as the preferred firm for the project. They said the cost for the design is estimated to be $73,500.00 and the 2016 cost estimate for construction was approximately $1.1 million.

Commissioner Gehrig moved the agreement for Consulting Engineering services with Stantec Consulting Services Inc. for Improvement District No. TR-18-B0 be approved.

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

Change Order No. 2 for Improvement District No. BN-17-G1 Approved:
Commissioner Gehrig moved approval of Change Order No. 2 for an increase of $71,222.77 for Improvement District No. BN-17-G1.

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

Change Order No. 2 for Improvement District No. UN-15-B1 Approved:
Commissioner Gehrig moved approval of Change Order No. 2 for an increase of $55,831.08 for Improvement District No. UN-15-B1.

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

Task Order No. 14 and Madelyn’s Meadows Reimbursement Agreement for Improvement District No. BN-18-F0 Approved:
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) stating staff recommends Houston Engineering be selected to complete design and master plan services for Madelyn’s Meadows First Addition in an amount not to exceed $34,680.00. They said in addition to the Master Service Agreement selection, Eagle Ridge Development /Sitka Investments, LLC has agreed to reimburse the City of Fargo for all costs associated with the design work in the event the annexation is not approved.

Commissioner Gehrig moved Task Order No. 14 and Madelyn’s Meadows Reimbursement Agreement with Sitka Investments, LLC for Improvement District No. BN-18-F0 be approved.

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

No Protests Received for Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-17-A1:
The Statutory Resolution of Necessity for the construction of Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-17-A1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on March 19 and 26, 2018 and no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Gehrig moved that the Board declare that no protests have been filed to the construction of Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-17-A1.

Second by Piepkorn. On call of the roll Commissioners Gehrig, Piepkorn, Grindberg, Strand and Mahoney voted aye.

No Commissioner being absent and none voting nay, the motion was declared
carried.

Bids Received for Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-17-A1:
The bids for Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-17-A1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., April 18, 2018 and the bids were found to be as follows:

Jensen Brothers Construction, Inc. Fargo, ND
Bid: $1,149,504.75

KPH, Inc. Fargo, ND
Bid: $1,278,337.25

Quam Construction Company, Inc. Willmar, MN
Bid: $1,294,466.00

Dakota Underground Company, Inc. Fargo, ND
Bid: $1,772,805.00

Contract for Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-17-A1 Awarded to Jensen Brothers Construction, Inc. in the Amount
of $1,149,504.75:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-17-A1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received April 18, 2018 for Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-17-A1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-17-A1 shows the bid of Jensen Brothers Construction, Inc. of Fargo, North Dakota in the sum of $1,149,504.75 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 Jensen Brothers Construction, Inc. in the sum of $1,149,504.75 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-17-A1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Jensen Brothers Construction, Inc. for the sum of $1,149,504.75, 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 Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Gehrig, Piepkorn, Grindberg, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

No Protests Received for Water Main Replacement, Storm Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-E1:
The Statutory Resolution of Necessity for the construction of Water Main Replacement, Storm Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-E1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on March 19 and 26, 2018 and no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Gehrig moved that the Board declare that no protests have been filed to the construction of Water Main Replacement, Storm Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-E1.

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

Bids Received for Water Main Replacement, Storm Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-E1:
The bids for Water Main Replacement, Storm Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-E1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., April 18, 2018 and the bids were found to be as follows:

Dakota Underground Company Fargo, ND
Bid: $2,181,624.80

KPH, Inc. Fargo, ND
Bid: $2,623,823.20

Contract for Water Main Replacement, Storm Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-E1 Awarded to Dakota Underground Company in the Amount of $2,181,624.80:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Water Main Replacement, Storm Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-E1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received April 18, 2018 for Water Main Replacement, Storm Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-E1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Water Main Replacement, Storm Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-E1 shows the bid of Dakota Underground Company of Fargo, North Dakota, in the sum of $2,181,624.80 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 Dakota Underground Company in the sum of $2,181,624.80 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Water Main Replacement, Storm Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-E1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dakota Underground Company for the sum of $2,181,624.80, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

No Protests Received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-E1:
The Statutory Resolution of Necessity for the construction of Sanitary Sewer,
Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-E1 in the City of Fargo, North Dakota, was duly published in the official
newspaper for the City of Fargo, North Dakota on March 19 and 26, 2018 and no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Gehrig moved that the Board declare that no protests have been filed to the construction of Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-E1.

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

Bids Received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-E1:
The bids for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-E1 in the City of Fargo, North Dakota
were opened at 11:30 o'clock a.m., April 18, 2018 and the bids were found to be as follows:

KPH, Inc. Fargo, ND
Bid: $749,999.25

Northern Improvement Company Fargo, ND
Bid: $772,955.35

Shermans, LLC West Fargo, ND
Bid: $794,381.14

Dakota Underground Company Fargo, ND
Bid: $836,526.00

Contract for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-E1 Awarded to KPH, Inc. in the Amount
of $749,999.25:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-E1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received April 18, 2018 for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-E1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement
District No. BN-18-E1 shows the bid of KPH, Inc. of Fargo, North Dakota, in the sum of $749,999.25 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City
Commissioners finds and declares the bid received from KPH, Inc. in the sum of $749,999.25 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-E1 in the City of Fargo, North Dakota, be and the same is hereby awarded to KPH, Inc. for the sum of $749,999.25, 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 Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Gehrig, Piepkorn, Grindberg, Strand and Mahoney
voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

No Protests Received for Concrete Pavement Rehabilitation and Incidentals Improvement District No. PR-18-C1:
The Statutory Resolution of Necessity for the construction of Concrete Pavement Rehabilitation and Incidentals Improvement District No. PR-18-C1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on March 19 and 26, 2018 and no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Gehrig moved that the Board declare that no protests have been filed to the construction of Concrete Pavement Rehabilitation and Incidentals Improvement District No. PR-18-C1.

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

Bids Received for Concrete Pavement Rehabilitation and Incidentals Improvement District No. PR-18-C1:
The bids for Concrete Pavement Rehabilitation and Incidentals Improvement District No. PR-18-C1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., April 18, 2018 and the bids were found to be as follows:

Opp Construction LLC Fargo, ND
Bid: $1,198,369.10

Dakota Underground Company Fargo, ND
Bid: $1,456,789.03

Adelman Concrete and Excavating, Inc. Fargo, ND
Bid: $1,602,917.25

Contract for Concrete Pavement Rehabilitation and Incidentals Improvement District No. PR-18-C1 Awarded to Opp Construction LLC in the Amount of $1,198,369.10:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Concrete Pavement Rehabilitation and Incidentals Improvement District No. PR-18-C1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received April 18, 2018 for Concrete Pavement Rehabilitation and Incidentals Improvement District No. PR-18-C1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Concrete Pavement Rehabilitation and Incidentals Improvement District No. PR-18-C1 shows the bid of Opp Construction LLC of Fargo, North Dakota, in the sum of $1,198,369.10 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 Opp Construction LLC in the sum of $1,198,369.10 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Concrete Pavement Rehabilitation and Incidentals Improvement District No. PR-18-C1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Opp Construction LLC for the sum of $1,198,369.10, 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 Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Gehrig, Piepkorn, Grindberg, Strand and Mahoney
voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

No Protests Received for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-F1:
The Statutory Resolution of Necessity for the construction of Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-F1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on March 19 and 26, 2018 and no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Gehrig moved that the Board declare that no protests have been filed to the construction of Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-F1.

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

Bids Received for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-F1:
The bids for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-F1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., April 18, 2018 and the bids were found to be as follows:

Master Construction Company, Inc. Fargo, ND
Bid: $1,537,059.00

KPH, Inc. Fargo, ND
Bid: $1,621,260.30

Dakota Underground Company Fargo, ND
Bid: $1,637,151.60

Contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-F1 Awarded to Master Construction Company, Inc. in
the Amount of $1,537,059.00:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-F1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received April 18, 2018 for Water Main Replacement, Street Reconstruction and Incidentals Improvements Improvement District No. BR-18-F1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-F1 shows the bid of Master Construction Company, Inc. of Fargo, North Dakota, in the sum of $1,537,059.00 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Master Construction Company, Inc. in the sum of $1,537,059.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-F1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Master Construction Company, Inc. for the sum of $1,537,059.00, subject to the supervision, inspection and approval of the City ngineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

City of Fargo Concurs with the NDDOT Bid Award for P.C. Concrete Pavement, Storm Sewer, Watermain, Sanitary Sewer, Lift Station, Sidewalk, Traffic Signals and
Incidentals Improvement District No. BR-18-B1:
The Board received a communication from Transportation Division Engineer Jeremy Gorden stating bids were opened by the NDDOT on April 13, 2018 for the 10th Street Reconstruction Project - 4th Avenue North to 12th Avenue North. He said there were three bids and the low bid was Master Construction Company, Inc. of Fargo, North Dakota with a bid of $7,103,169.83. The Engineer’s estimate for the project was $5,714,483.81, he said, and there are special assessments associated with this project. One protest has been received, he stated, and protests should be declared insufficient. Fargo’s share of this project is $3,434,452.44, he stated.

Commissioner Gehrig moved the protests be declared insufficient and that the City of Fargo concur with the NDDOT bid award for P.C. Concrete Pavement, Storm Sewer, Watermain, Sanitary Sewer, Lift Station, Sidewalk, Traffic Signals and Incidentals Improvement District BR-18-B1 to Master Construction Company, Inc. in the amount of $7,103,169.83.

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

Asphalt Mill and Overlay and Incidentals Improvement District No. PR-18-F1: Protests Received and Declared Insufficient:
The Statutory Resolution of Necessity for the construction of Asphalt Mill and Overlay and Incidentals Improvement District No. PR-18-F1 in the City of Fargo, North
Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on March 19 and 26, 2018 and protests representing less than 1 percent of
the legal protest area have been received and filed in the office of the City Auditor within the legal protest period.

Commissioner Gehrig moved the protests be received and filed and declared insufficient.

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

Bids Received for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-18-F1:
The bids for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-18-F1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., April 18, 2018 and the bids were found to be as follows:

Border States Paving, Inc. Fargo, ND
Bid: $2,060,412.50

FM Asphalt LLC Moorhead, MN
Bid: $2,066,710.51

Northern Improvement Company Fargo, ND
Bid: $2,188,813.01

Central Specialties, Inc. Alexandria, MN
Bid: $2,375,754.91

Knife River Materials Bemidji, MN
Bid: $2,505,251.04

Contract for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-18-F1 Awarded to Border States Paving, Inc. in the Amount of $2,060,412.50:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Asphalt Mill and Overlay and Incidentals Improvement District
No. PR-18-F1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received April 18, 2018 for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-18-F1 in the City of Fargo, North Dakota;
and
WHEREAS, The City Engineer's tabulation of the bids received for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-18-F1 shows the bid of Border States Paving, Inc. of Fargo, North Dakota, in the sum of $2,060,412.50 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 Border States Paving, Inc. in the sum of $2,060,412.50 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Asphalt Mill and Overlay nd Incidentals Improvement District No. PR-18-F1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Border States Paving, Inc. for the sum of $2,060,412.50, 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 Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Gehrig, Piepkorn, Grindberg, Strand and Mahoney
voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-J1: Protests Received and Declared Insufficient:
The Statutory Resolution of Necessity for the construction of Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-J1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on March 19 and 26, 2018 and six protests representing 8.5 percent of the legal protest area have been received and filed in the office of the City Auditor within the legal protest period.

Commissioner Gehrig moved the protests be received and filed and declared insufficient.

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

Bids Received for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-J1:
The bids for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-J1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., April 18, 2018 and the bids were found to be as follows:

Dakota Underground Company Fargo, ND
Bid: $1,833,362.50

Master Construction Company, Inc. Fargo, ND
Bid: $1,858,877.50

KPH, Inc. Fargo, ND
Bid: $2,269,060.00

Contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-J1 Awarded to Dakota Underground Company in the Amount of $1,833,362.50:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-J1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received April 18, 2018 for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-J1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-J1 shows the bid of Dakota Underground Company of Fargo, North Dakota, in the sum of $1,833,362.50 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 Dakota Underground Company in the sum of $1,833,362.50 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-J1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dakota Underground Company for the sum of $1,833,362.50, 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.

Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-H (12th Street from Northern Pacific to 1st Avenue North):
Commissioner Gehrig moved the following action be taken in connection with Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-H:

Adopt Resolution Creating Improvement District No. BR-18-H:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BR-18-H in the
City of Fargo, North Dakota, be created

On 12th Street from Northern Pacific Avenue to 1st Avenue North.

COMPRISING:
Lots A, B and G, Block 42.
All in Tyler and Benton’s Subdivision.

Lots 1 through 6, and 9 through 12, including the vacated alley, Block 39.
Lots 1 through 12, Block 40.
Lots 1 through 9, Block 41.
East 115 feet of lots 1 and 2, Block 42.
All in Roberts 2nd Addition.

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-18-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. BR-18-H:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BR-18-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 $321,284.00.)

Order Plans and Specifications for Improvement District No. BR-18-H:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BR-18-H in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BR-18-H:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BR-18-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. BR-18-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 Water Main Replacement, Street Reconstruction and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, That it be and is hereby declared necessary to construct Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-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.
WHEREAS, That a portion of said Water Main Replacement, Street Reconstruction and Incidentals improvement is to be paid from Infrastructure Sales Tax and approximately 51 percent 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.
WHEREAS, 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-18-H:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BR-18-H in the City of Fargo, North Dakota.

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

Contract for Bison Meadows Levee and Pond Project Improvement District No. FM-17-C1 Approved:
Commissioner Gehrig moved approval of the Contract between the City of Fargo and KPH, Inc. for Bison Meadows Levee and Pond Project Improvement District No. FM-17-C1 in the City of Fargo, North Dakota.

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

Contract Bond for Bison Meadows Levee and Pond Project Improvement District No. FM-17-C1 Approved:
Commissioner Gehrig moved approval of the following described Contract Bond as to sufficiency:
Western Surety Company, in the amount of $1,070,655.00, for Bison Meadows Levee and Pond Project Improvement District No. FM-17-C1 in the City of Fargo, North Dakota.

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

Contract for Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Lighting and Incidentals Improvement District No. BN-18-J1 Approved:
Commissioner Gehrig moved approval of the Contract between the City of Fargo and Dakota Underground Company for Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Lighting and Incidentals Improvement District No. BN-18-J1 in the City of Fargo, North Dakota.

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

Contract Bond for Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Lighting and Incidentals Improvement District No. BN-18-J1 Approved:
Commissioner Gehrig moved approval of the following described Contract Bond as to sufficiency:
United Fire and Casualty, in the amount of $1,075,688.62, for Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Lighting and Incidentals Improvement District No. BN-18-J1 in the City of Fargo, North Dakota.

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

Contract for Street Lighting and Incidentals Improvement District No. SL-17-B1 Approved:
Commissioner Gehrig moved approval of the Contract between the City of Fargo and Moorhead Electric for Street Lighting and Incidentals Improvement District No. SL-17-B1 in the City of Fargo, North Dakota.

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

Contract Bond for Street Lighting and Incidentals Improvement District No. SL-17-B1 Approved:
Commissioner Gehrig moved approval of the following described Contract Bond as to sufficiency:
Western Surety Company, in the amount of $1,649,840.10, for Street Lighting and Incidentals Improvement District No. SL-17-B1 in the City of Fargo, North Dakota.

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

2017 Fargo Fire Department Statistical Information Annual Report:
Fire Chief Steve Dirksen reviewed the Fargo Fire Department Annual Report including statistics that were compiled throughout the year. He said 2017 was the busiest year ever for the Fire Department, with nearly 11,000 emergent responses; 6,400 of which were medical. A number of calls are due to people driving by and seeing something then calling it in, he said, for example the “Homeless Jesus” statue on a bench at a Downtown church, which has caused false alarms. He said one thing he would ask of the public is, if it is safe to do so, stop and check on folks to see what is really going on before calling 9-1-1 to be sure it is a judicious response. He shared data on responses, calls by planning zone and call types on fire losses, training, emergency services, operations, goals, response times and 2017 accomplishments. The City is nearly at the point where an additional station will soon be needed in the southeastern section due to elongated response times there, he said. There were 81 fires last year and 82 the year before, he said, and the numbers have climbed just slightly. He said considering the population growth over the past 30 years and the increased number of structures, the department is very proud that there has been such little increase. Work is being done to reduce response time, he said, which is at 8 minutes, 11 seconds overall. A highlight this year is the beginning of a drone program, he said, which is currently on hold awaiting waivers from the FAA. He said he is proud that there has been a significant reduction in the use of Narcan this past year.

In response to a question from Commissioner Piepkorn on whether there is a charge for a business having excessive false alarm calls, Chief Dirksen said while the Police Department has that policy, there is not a penalty written in the Ordinance to charge a fee for false fire calls.

In response to a question from Commissioner Strand about how it is determined whether to send the Fire Department or an ambulance to a call, Chief Dirksen said both go for nearly everything. There are 33 chief complaint codes the dispatch center works through and the Fire Department responds on 27 of them. In winter they respond to any calls that are outdoors in the cold, he said.

Commissioner Gehrig said Fargo’s Fire Department is an effective and efficient force.

Update on 19th Avenue North:
Commissioner Piepkorn said he put the item on the agenda due to the fact that there have been concerns with 19th Avenue North and snow drifting, which has been a problem since the 1980s when there were fatalities on that road during a blizzard. The City has been meeting with the Airport Authority to find solutions, perhaps some plant material could help snow drifting, he said.

City Forester Scott Liudahl said after the topic was brought up, options and ideas were discussed in meetings with airport reps and consultants, the Federal Aviation Administration (FAA), Public Works and North Dakota Department of Transportation (NDDOT). He said discussions included additional landscaping in or outside of the fence, land sculpting and subtle changes that could catch or cut down snow inside the fence. There are challenges, restrictions and requirements of the FAA, he said, and a narrow distance between the fence and roadway in relationship to snow fence dynamics. In addition, he said, with the location and elevation of 19th Avenue in relation to the airport, there were no options found from a vegetation standpoint.

Commissioner Piepkorn said this has been a problem too long, the road is not safe to keep as it is. Solutions need to be found, he said, and he feels there are liability concerns should loss of life ever happen again.

Airport Director Shawn Dobberstein said the accomplishments recommended in the 1980s are still in place today with the same equipment/infrastructure and the same restrictions by the FAA. He said vegetation, and even snow, larger than 12 inches in height puts equipment out of service, which is a life safety hazard for aircraft arriving or departing. He said 19th Avenue has been referred to as a ditch, and there is discussion on whether the elevation of 19th Avenue can be raised from 18th Street to I-29. He said if so, there would have to be work with the FAA to be sure the navaids in place now or possible designs in the future are not impacted. Decisions to close 19th Avenue North are made by the City and not the Airport Authority, he said, and he has found the alternate route of Dakota Drive works well. Closing I-29 or detours for underpass flooding have been a greater inconvenience, he said.

Commissioner Piepkorn said people have died on 19th Avenue and from his perspective saying that nothing can be done is not an acceptable answer.

In response to a question from Commissioner Gehrig asking what the response would be to the general public who would say “why not just move the navaids?,” Mr. Dobberstein said they are fixed based on the relationship to the ends of the runway and the coordinates and distances are all set for their functionality. He said he is not aware of any location the navaids could be moved to and whether they can be moved north would be a question for the FAA. He said during the last reconstruction project, the runway threshold was moved further north.

Amendment to the 2017 Action Plan for Housing and Community Development to Reflect a Change in the Number of HOME-assisted Units of the HomeField Phase 2
Community Housing Development Organization Project Approved:
A Hearing had been set for this day and hour on the Amendment to the 2017 Action Plan for Housing and Community Development to Reflect a Change in the Number of HOME-assisted Units of the HomeField Phase 2 Community Housing Development Organization Project located at 4235 28th Avenue South.

The Board received a communication from Planning Director Nicole Crutchfield stating that during the execution of the agreement for the HomeField Phase 2 project with Beyond Shelter, the City was asked to amend the Action Plan to reduce the number of HOME-assisted units from two to one in the Plan. She said the changes will assist in the construction administration of the project and the Department of Housing and Urban Development requires the plan to be amended in order to accommodate the change.

Commissioner Strand moved the Amendment to the 2017 Action Plan for Housing and Community Development to reflect a change in the number of HOME-assisted Units of the HomeField Phase 2 Community Housing Development Organization Project be approved.

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.

Amendment to the 2018 Action Plan for Housing and Community Development to Reflect a Change in the Number of HOME-assisted Units of the HomeField Phase 3
Community Housing Development Organization Project Approved:
A Hearing had been set for this day and hour on the Amendment to the 2018 Action Plan for Housing and Community Development to Reflect a Change in the
Number of HOME-assisted Units of the HomeField Phase 3 Community Housing Development Organization Project located at 4225 28th Avenue South.

The Board received a communication from Planning Director Nicole Crutchfield stating that during the execution of the agreement for the HomeField Phase 2 project with Beyond Shelter, the City was asked to amend the action Plan from two to three subsidized units. She said the changes will assist in the construction administration of the project and the Department of Housing and Urban Development requires the Plan to be amended in order to accommodate the change.

Commissioner Strand moved the Amendment to the 2018 Action Plan for Housing and Community Development to reflect a change in the number of HOME-assisted Units of the HomeField Phase 3 Community Housing Development Organization Project be approved.

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

Resolution Adopted Approving Urban Plains by Brandt Third Addition (2633 and 2867 55th Street South):
A Hearing had been set for this day and hour to consider approval or denial of an application requesting a replat of Lot 1, Block 4, Urban Plains by Brandt First Addition and Lot 1, Block 3, Urban Plains by Brandt Second Addition. The Fargo Planning Commission at their Regular Meeting on October 3, 2017 recommended approval.

Current Planning Coordinator Donald Kress said this replat is intended to allow the first phase of development of a planned lifestyle center.

Commissioner Grindberg offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled
“Urban Plains by Brandt Third Addition” containing 6 Lots, 2 Blocks and 18.62 acres of land more or less, located at 2633 and 2867 55th Street South; and
WHEREAS, A Hearing was held October 3, 2018 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 9 and 16, 2018 that a
Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., April 23, 2018 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 “Urban Plains by Brandt Third 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 Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Piepkorn, Strand, Gehrig and Mahoney
voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Parcels of Land in Timber Creek Eighth Addition Rezoned (5050 Timber Parkway South and 5131 Prosperity Way South):
At a Hearing held on January 4, 2018 the Fargo Planning Commission recommended approval of a change in zoning to repeal and re-establish a C-O, Conditional Overlay, on Lots 1 and 2, Block 1.

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.

Current Planning Coordinator Donald Kress said the applicant is proposing to change some features of the Conditional Overlay which counts as a zone change. He said the changes include standards for building massing, screening and operational requirements. He said the plat will not change any existing lot lines within the subdivision; however, it will vacate a 24-foot access easement and relocate it.

In response to a question from Mayor Mahoney about the changes, the applicant, Nate Vollmuth, said a Dairy Queen is being built on the site now and this moves the access into Lot 1, which is an existing retail center.

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.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Timber Creek Eighth 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 Timber Creek Eighth 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, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Resolution Adopted Approving Timber Creek Eighth Addition:
Commissioner Grindberg offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled
“Timber Creek Eighth Addition” containing 2 Lots, 1 Block and 3.92 acres of land more or less, located at 5050 Timber Parkway South and 5131 Prosperity Way South;
and
WHEREAS, A Hearing was held January 4, 2018 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 9 and 16, 2018 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., April 23, 2018 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 “Timber Creek Eighth Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

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

Application Filed by JGB LLC d/b/a Kilstone Brewery for a Class “C-M-W” Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by JGB LLC d/b/a Kilstone Brewery for a Class "C-M-W" Alcoholic Beverage License at 22 Broadway 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 made a clarification that the Agenda and Hearing Notice indicated it was for a Class “C” Alcoholic Beverage License when in fact it is for a Class “C-M-W” Alcoholic Beverage License. He said that allows sale of beer, wine and growlers. He said following the recent discussions on Downtown liquor
establishments, the applicant revised their plan a bit to add more food options and make it a more family friendly establishment.

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.

Hearing on Transfer of a Class “FA” Alcoholic Beverage License from Anderson Franchise Investment d/b/a Perla’s Fresh Mexican to North Star Hospitality LLC d/b/a
47 Degrees North Continued to May 21, 2018:
A Hearing had been set for this day and hour on an application to transfer the Class "FA" Alcoholic Beverage License from Anderson Franchise Investment d/b/a Perla’s Fresh Mexican to North Star Hospitality d/b/a 47 Degrees North at 4281 45th Street South notice of which had been duly published in the official newspaper for the City of Fargo.

Commissioner Strand moved the Hearing be continued to 5:15 o’clock p.m. on Monday, May 21, 2018.

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

Application to Transfer the Alcoholic Beverage License from Leela Thai Cuisine d/b/a Leela Thai Cuisine to Maya Thai LLC d/b/a Leela Thai Cuisine LLC Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "GH" Alcoholic Beverage License from Leela Thai Cuisine d/b/a Leela Thai Cuisine to Maya Thai LLC d/b/a Leela Thai Cuisine at 1450 25th Street South, notice of which had been duly published in the official newspaper for the City of Fargo. No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant. The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.

City Auditor Steve Sprague said the owners of Leela Thai Cuisine have sold all of the assets and licenses for the restaurant to new owners, who will continue to use the Leela Thai Cuisine name and operate at the same location.

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.

First Reading of an Ordinance Amending Section 25-1504.3, of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages (Moved from the Consent Agenda):
Commissioner Grindberg said he asked to have this moved from the Consent Agenda because he received some calls about it and feels an overview would be helpful.

City Auditor Steve Sprague said this pertains to the liquor license renewal process. He said about 10 years ago, a requirement was added that licensees attend an annual meeting. He said three meetings are held on one day for a licensee, manager or support staff to attend; however, in the last few years there are repeat people who fail to attend. He said this ordinance change allows penalties and requirements to attend a make-up session.

Commissioner Piepkorn moved first reading of an Ordinance Amending Section 25-1504.3, of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages.

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 Strand moved that the Board adjourn to 5:00 o’clock p.m., Monday, May 7, 2018.

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

The time at adjournment was 5:53 o’clock p.m.