Board of City Commissioners - April 9, 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 9, 2018.
The Commissioners present or absent were as shown following:
Present: Gehrig (via conference call), Grindberg, Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a statement with the following information: Fargo Cass Public Health (FCPH) has launched a new campaign for businesses interested in becoming Infant Friendly Workplaces; Dakota Medical Foundation and FCPH will host “Day for Prevention,” a live-streamed learning event for area substance abuse and mental health professionals; this is National Library Week and this year’s theme is “Libraries Lead;” the Fargo Public Library has added RBdigital to its digital downloads collection; the Fire Department spent several days recently working with a consultant to develop a new Community Driven Strategic Plan; Assistant Fire Chief Gary Lorenz has been named Fire Chief for the City of Grand Forks, Fire Inspector/Investigator Doug Nelson has been named Fire Marshal by the North Dakota Attorney General and Jamie Garvey has completed training and testing to become a certified fire investigator; personnel from the Police Department provided different aspects of security for Vice President Mike Pence’s recent visit to Fargo; two retired members of the Police Department have passed away, Lt. John Sanderson who founded the SWAT team and was the team’s first commander, and Gert Neubauer who worked for the department for 33 years.

Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved moving Item Nos. “7” and “15” from the Consent Agenda to the end of the Regular Agenda and adding an extra item to the end of the Regular Agenda to consider a Settlement Agreement and Release for property located at 4027 Copperfield Court South.

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

Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on March 26, 2018 be approved as read.

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

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

1. Receive and file an Ordinance Amending Section 25-1504.3, of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages.

2. 2nd reading, waive reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Diamond Willow Addition, a Replat of Portions of Douglas Addition, Fargo, Cass County, North Dakota.

3. Applications for Games of Chance:
a. Mark Paulson Benefit for a raffle on 5/11/18; Public Spirited Resolution.
b. Saddle and Sirloin Club for a raffle on 4/18/18.
c. Tri-City Storm Soccer Club for a raffle on 7/10/18.
d. YWCA Cass Clay for a raffle on 4/30/18.
e. American Legion Post 2 Baseball for a calendar raffle from 7/1/18 through 8/30/18.

4. Applications for property tax exemptions for improvements made to buildings:
a. Dacia C. and Danny J. Meckle, 19 Birch Lane South (3 year).
b. Startup House LLC, 721 9th Street North (5 year).

5. Six-month extension of the Class “FA” Alcoholic Beverage License for Perla’s Fresh Mexican.

6. Sole Source Procurement to Tyco SimplexGrinnell for upgrading/updating the existing Simplex 4100+ fire alarm control panel at the FARGODOME.

7. Submittal of a letter of support to the Governor of ND for the Opportunity Zone applications submitted by the City of Fargo (moved to the Regular Agenda.)

8. Lease of Property with Cass County for Lots 4, 5 and 6, Block 1, Chrisan 1st Subdivision.

9. Adopt Resolutions Approving the following Plats:
a. Urban Plains Northeast Retail 3rd Addition (Attachment “A”).
b. BLU Water Creek Third Addition (Attachment “B”).

10. Forward Contract with Northdale Oil, Inc. for fuel purchasing in the 3rd and 4th Quarters of 2018.

11. Private Utility Maintenance Agreement with Edgewood Development LLC and Edgewood Master Association Inc.

12. Extension of the Services Agreements – Lawn Maintenance Services with Glacier Snow Management Company and Valley Green & Associates for the 2018 mowing season (RFP17063 and RFP17155).

13. Purchase of one stump cutter from RDO Equipment in the total amount of $41,000.00.

14. CPM Agreement with the NDDOT for the Dill Hill Shared Use Path Project (Project No. SN-18-A1).

15. Installation of utility box artwork wraps and Agreement with the Fargo BID (moved to the Regular Agenda).

16. Bid award for chemicals at the Water Treatment Plant for the remainder of 2018.

17. Change Orders for Project No. WA1301:
a. No. 16 for an increase of $118,636.00 for the general construction contract.
b. No. 14 for an increase of $17,841.25 for the mechanical construction contract.
c. No. 8 for an increase of $52,468.00 for the electrical construction contract.

18. Agreement with KLJ, Inc. for professional services outlined in Exhibit A.

19. Contracts and bonds for Project No. PR-18-A1, FARGODOME Suite Remodel and FARGODOME Handicap Seating.

20. Bills in the amount of $3,640,943.57.

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

Infrastructure Request to Create Improvement District No. BN-18-B1 Approved:
The Board received a Report of Action from the Public Works Evaluation Committee (PWPEC) regarding a request for infrastructure to service a portion of Grayland First Addition.
Commissioner Piepkorn moved the infrastructure request to create Improvement District No. BN-18-B1 be approved.

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

Contract Amendment No. 3 for Improvement District No. PR-17-B0 Approved:
Commissioner Piepkorn moved Contract Amendment No. 3 for an increase of $33,008.00 for Improvement District No. PR-17-B0 be approved.

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

Temporary Construction Easement with Rabanus West, LLC Approved (Improvement District No. BR-18-C1):
The Board received a communication from Land Acquisition Specialist Shawn Bullinger stating a Memorandum of Offer to Landowner for a Temporary Construction Easement with Rabunus West, LLC in association with Improvement District No. BR-18-C1 has been recommended for purchase by the City Engineering office. He said the City will pay Rabunus West, LLC $4,000.00 for the easement, which will terminate at the completion of the construction project or on December 1, 2018, whichever occurs later.
Commissioner Piepkorn moved the Temporary Construction Easement with Rabunus West, LLC in Association with Improvement District No. BR-18-C1 be approved.

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

No Protests Received for Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Lighting and Incidentals Improvement District No. BN-18-J1:
The Statutory Resolution of Necessity for the construction of 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, was duly published in the official newspaper for the City of Fargo, North Dakota, on March 19 and 26, 2018 and no protests either written or verbal have been received or filed in the office of the City Auditor within the legal protest period, nor at any time.
Commissioner Piepkorn moved that the Board declare that no protests have been filed to the construction of Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Lighting and Incidentals Improvement District No. BN-18-J1.

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

Bids Received for Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Lighting and Incidentals Improvement District No. BN-18-J1:
The bids 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 were opened at 11:30 o'clock a.m., Wednesday, April 4, 2018 and the bids were found to be as follows:
Dakota Underground Company Fargo, ND
Bid: $1,075,688.62

KPH, Inc. Fargo, ND
Bid: $1,181,765.90

Master Construction Company Fargo, ND
Bid: $1,323,728.40

Gladen Construction, Inc. Laporte, MN
Bid: $1,430,417.06

Contract for Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Lighting and Incidentals Improvement District No. BN-18-J1 Awarded to Dakota Underground Company in the Amount of $1,075,688.62:
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Lighting and Incidentals Improvement District No. BN-18-J1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received April 4, 2018 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; and
WHEREAS, The City Engineer's tabulation of the bids received for Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Lighting and Incidentals Improvement District No. BN-18-J1 shows the bid of Dakota Underground Company, Fargo, North Dakota, in the sum of $1,075,688.62 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 $1,075,688.62 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract 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, be and the same is hereby awarded to Dakota Underground Company for the sum of $1,075,688.62, 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 Strand. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Strand, Gehrig, Grindberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Street Lighting and Incidentals Improvement District No. SL-17-B1 : Protests Received and Declared Insufficient:
The Statutory Resolution of Necessity for the construction of Street Lighting and Incidentals Improvement District No. SL-17-B1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on March 5 and 12, 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 Piepkorn moved the protests be received and filed and declared insufficient.

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

Bids Received for Street Lighting and Incidentals Improvement District No. SL-17-B1:
The bids for Street Lighting and Incidentals Improvement District No. SL-17-B1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., Wednesday, April 4, 2018 and the bids were found to be as follows:

Moorhead Electric Fargo, ND
Bid: $1,649,840.10

Strata Corporation Grand Forks, ND
Bid: $1,658,420.50

Contract for Street Lighting and Incidentals Improvement District No. SL-17-B1 Awarded to Moorhead Electric in the Amount of $1,649,840.10:
Commissioner Piepkorn offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Street Lighting and Incidentals Improvement District No. SL-17-B1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received April 4, 2018 for Street Lighting and Incidentals Improvement District No. SL-17-B1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Street Lighting and Incidentals Improvement District No. SL-17-B1 shows the bid of Moorhead Electric of Fargo, North Dakota, in the sum of $1,649,840.10 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 Moorhead Electric in the sum of $1,649,840.10 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Street Lighting and Incidentals Improvement District No. SL-17-B1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Moorhead Electric for the sum of $1,649,840.10, 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 Strand. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Strand, Gehrig, Grindberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-A (Various Locations in South Fargo):
Commissioner Piepkorn moved the following action be taken in connection with Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-A:

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

66th, 68th and 69th Avenue South and 14th, 15th and 16th Street South, east of 17th Street South and north of 70th Avenue South.

COMPRISING:
Lots 1 through 56, inclusive, Block 2.
Lots 1 through 18, inclusive, Block 3.
Lots 33 through 56, inclusive, Block 3.
Lots 1 through 45, inclusive, Block 4.
Lots 1 through 21, inclusive, Block 5.
Lots 1 through 26, inclusive, Block 6.
Lots 1 through 26, inclusive, Block 7.
Lots 1 through 22, inclusive, Block 8.
Lots 1 through 32, inclusive, Block 9.
Lots 13 through 36, inclusive, Block 10.

All platted within Bison Meadows 2nd Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-A in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. BN-18-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-18-A in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $2,551,361.25.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-18-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-18-A in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. BN-18-A in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-A in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Sanitary Sewer, Water Main, Storm Sewer, Street Lights and Incidentals must be in writing and must be filed with the City Auditor's Office within 15 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-18-A:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BN-18-A in the City of Fargo, North Dakota.

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

Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-B (Various locations in South Fargo):
Commissioner Piepkorn moved the following action be taken in connection with Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-B:

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

On 54th Avenue South, 100’ west of 66th Street South, east to 63rd Street South.
On 55th Avenue South from 67th Street South, east to 66th Street South.
On 67th Street South from 165’ south of 55th Avenue South, north to 55th Avenue South.
On 66th Street South from 55th Avenue South, north to 176’ north of 54th Avenue South.

COMPRISING:
Lots 1 through 26, Block 1.
Lots 1 through 11, Block 2.
Lots 1 through 18, Block 3.
Lots 1 through 10, Block 4.

All platted in Grayland First Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-B 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-18-B:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-18-B 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 $1,516,717.00.)

Order Plans and Specifications for Improvement District No. BN-18-B:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BN-18-B in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-18-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-18-B 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-18-B in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-B in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights 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-18-B:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BN-18-B in the City of Fargo, North Dakota.

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

Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-G2 (Various Locations in South Fargo):
Commissioner Piepkorn moved the following action be taken in connection with Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-G2:

Adopt Resolution Creating Improvement District No. BR-18-G2:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BR-18-G2 in the City of Fargo, North Dakota, be created

On 4th Street South from 2nd Street South to 13th Avenue South.
On 6th Avenue South from 4th Street South to 250’ west.
On 10th Avenue South from 4th Street South to the east.
On 11th Avenue South from 4th Street South to the east.

COMPRISING:
Lots 1 through 12, inclusive, Block 23.
Lots 1 through 12, inclusive, Block 34.
All in Original Townsite.

Lots 1 through 12, inclusive, Block 35.
Lots 1 through 3, inclusive, Block 44.
All in Northern Pacific Addition.

Fred C. Hagen Addition

Lot 1, inclusive, Block 1.
All in St. John’s Addition.

Lots 1 through 22, inclusive, Block G.
Lots 1 through 26, inclusive, Block H.
All of Block Tt.

Lots 1 through 12, inclusive, Block I.
Lots 1 through 24, inclusive, Block K.
Lots 1 through 24, inclusive, Block L.
Lots 1 through 24, inclusive, Block U.
Lots 1 through 24, inclusive, Block V.
Lots 1 through 12, inclusive, Block W.
All in Charles A. Roberts’ Addition.

Lots 1 through 12, inclusive, Block X.
Lots 1 through 24, inclusive, Block Y.
Lots 1 through 24, inclusive, Block Z.
Lots 1 through 12, inclusive, Block LL.
Lots 1 through 24, inclusive, Block KK.
Lots 1 through 24, inclusive, Block II.
Lots 1 through 24, inclusive, Block OO.
Lots 1 through 24, inclusive, Block NN.
Lots 1 through 12, inclusive, Block MM.
All in Erskine’s Addition.

Lots 1 through 16, inclusive, Block 1.
Lots 1 through 10 and Lots 15 through 26, inclusive, Block 2.
Lots 1 through 17, inclusive, Block 3.
Lots 1 through 26, inclusive, Block 4.
Lots 1 through 18, inclusive, Block 5.
Lots 1 through 18, inclusive, Block 6.
Lots 1 through 15, inclusive, Block 7.
Lots 1 through 18, inclusive, Block 8.
Lots 1 through 10, inclusive, Block 9.
Lots 1 through 8, inclusive, Block 10.
All in Woodruff’s Addition.

Lots A through H, inclusive, Block 2 of Woodruff’s Addition.
All in Rupert’s Subdivision.

Lots 1 through 6, inclusive, Block 2 of Woodruff’s Addition.
All in Loomis Subdivision.

Lots 1 through 8, inclusive, Block 1.
Lots 1 through 24, inclusive, Block 2.
Lots 1 through 22, inclusive, Block 3.
Lots 1 through 8, inclusive, Block 4.
All in Island Park Addition.

All of the unplatted land laying in the north half of Section 7, Township 139, Range 48, bound on the north by 2nd Avenue South, bound on the south by 6th Avenue South, bound on the west by 8th Street South and bound on the east by the Red River of the North.

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

NOW, THEREFORE, BE IT RESOLVED, That Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-G2 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-G2:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BR-18-G2 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 $1,719,000.00.)

Order Plans and Specifications for Improvement District No. BR-18-G2:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BR-18-G2 in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BR-18-G2:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BR-18-G2 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-G2 in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Water Main Replacement, Street Reconstruction and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-G2 in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-G2 is to be paid from Infrastructure Sales Tax and approximately 65% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Water Main Replacement, Street Reconstruction and Incidentals must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

Direct City Auditor's Office to Call for Bids for Improvement District No. BR-18-G2:
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-G2 in the City of Fargo, North Dakota.

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

Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-18-A (Storm Sewer Lift Station No. 21 Located on Drain 3 West of 18th Street North):
Commissioner Piepkorn moved the following action be taken in connection with Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-18-A:

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

Storm Sewer Lift Station No. 21 located on Drain 3 west of 18th Street North.

COMPRISING (Site 1):
An area bound on the north by 3rd Avenue North, bound on the south by Main Avenue, bound on the west by 25th Street North and bound on the east by University Drive North.

An area bound on the north by Northern Pacific Avenue North, on the east by 10th Street North, on the south by Main Avenue and on the West by University Drive North.

An area bound on the north by 17th Avenue North, on the east by University Drive North, on the south by 12th Avenue North and on the west by 18th Street North.

Areas included outside the boundaries as follows:

Lot 1, Block 1.
Located in Pantzke Addition.

Lots 1 through 20, inclusive, Block 1.
Lots 1 through 20, inclusive, Block 2.
Lots 1 through 20, inclusive, Block 3.
Lots 1 through 20, inclusive, Block 4.
Lots 1 through 20, inclusive, Block 5.
Lots 1 through 20, inclusive, Block 6.
Lots 1 through 10, inclusive, Block 7.
Lots 1 through 26, inclusive, Block 9.
Lots 1 through 26, inclusive, Block 10.
Lots 1 through 26, inclusive, Block 11.
Lots 1 through 26, inclusive, Block 12.
Lots 1 through 26, inclusive, Block 13.
Lots 1 through 26, inclusive, Block 14.
Lots 14 through 27, inclusive, Block 15.
Lots 12 through 27, inclusive, Block 16.
All in Tyler’s Subdivision.

Lots 1 through 3, inclusive, Block 1.
All in RHI Addition.

Lots 1, 2, 4 and 5, Block 1.
All in MNPF Subdivision.

Lots 1 and 2, Block 1.
Located in North Park Maintenance Addition.

Lots 1 through 9, inclusive, Block 1.
Lots 1 through 12, inclusive, Block 2.
Lots 1 through 24, inclusive, Block 5.
Lots 1 through 24, inclusive, Block 6.
Lots 1 through 24, inclusive, Block 7.
Lots 1 through 24, inclusive, Block 8.
Lots 1 through 16, inclusive, Block 9.
Lots 1 through 22, inclusive, Block 10.
Lots 1 through 24, inclusive, Block 11.
Lots 1 through 18, inclusive, Block 12.
Lots 22 through 24, inclusive, Block 12.
All in Reeve’s Addition.

Lots 1 through 4, inclusive, Block 1.
All in Elim Rehabilitation Addition.

Lots 1 through 3, inclusive, Block 17.
Lots 1 through 6, inclusive, Block 32.
Lots 1 through 3, inclusive, Block 38.
Lots 1 through 6, inclusive, Block 39.
Lots 1 through 6, inclusive, Block 40.
Lots 1 through 9, inclusive, Block 41.
Lots 1 and 2, Block 42.
Lots A through G, inclusive, Block 42 Tyler and Benton’s Subdivision.
Lots 1 through 6, inclusive, Block 43.
Lots 1 through 6, inclusive, Block 44.
Lots 1 through 10, inclusive, Block 45 Mealey’s Subdivision.
Lots 1 through 6, inclusive, Block 46.
Lots 1 through 5, inclusive, Block 47.
All in Roberts’ Second Addition.

Lots 1 through 6, inclusive, Block 1.
All in Fargo Park District North Maintenance Addition.

Lots A through G, inclusive, Block 3.
Lot J, Block 3.
Lots 1 through 3, inclusive, Block 4.
Lots 7 through 18, inclusive, Block 4.
Lots 1 through 6, inclusive, Block 5.
Lots A through J, inclusive, Block 5.
Lots 1 through 6, inclusive, Block 6.
Lots A through K, inclusive, Block 6.
Lots 1 through 10, inclusive, Block 7.
All in Harwood’s Addition.

Lot 1, Block 11.
Lots 3 through 11, inclusive, Block 11.
Lots 1 through 11, inclusive, Block 12.
Lots 1 through 11, inclusive, Block 13.
Lots 1 through 10, inclusive, Block 16.
Lots 1 through 10, inclusive, Block 17.
Lots 1 through 10, inclusive, Block 18.
All in Harwood’s 2nd Addition.

Lots 1 through 13, inclusive, Block 9.
Lots 1 through 14, inclusive, Block 10.
Lots 1 through 10, inclusive, Block 19.
Lots 1 through 10, inclusive, Block 20.
All in Harwood’s 3rd Addition.

Lots 1 through 12, inclusive, Block 1.
Lots 1 through 16, inclusive, Block 2.
All in Stern’s Addition.

Lots 1 through 6, inclusive, Block 10.
Lots 17 through 22, inclusive, Block 10.
All in Hobson’s Subdivision of Block 10 Chapin’s Addition.

Lots 1 through 7, inclusive, Block 11.
Lots 18 through 24, inclusive, Block 11.
All in Stewart’s Subdivision of Block 11 Chapin’s Addition.

Lots A through E, inclusive, Block 6.
Lots D through M, inclusive, Block 12.
Lots G through K, inclusive, Block 13.
Lots B through D, inclusive, Block 14.
Lots B and C, Block 15.
Lot A, Block 16.
Lots D and E, Block 17.
All in Chapin’s Addition.

Lots 6 through 13, inclusive, Block 16.
All in Wilson’s Subdivision of Block 16 Chapin’s Addition.
Lot 6, Block 18.
Lots A through H, inclusive, Block 18.
All in Marelius Subdivision of Block 18 Chapin’s Addition.

Lot 8, Block 1.
Located in Montplaisir’s Subdivision of Lot A, Block 14 and Lot A, Block 15 Chapin’s Addition.

Lots 1 and 2, Block 1.
Located in Rhett’s Row Addition.

Lots 1 through 18, inclusive, Block 15.
All in Douglas Addition.

Lots 1 through 3, inclusive, Block 1.
All in Truesdell’s Second Addition.

Lots 6 through 10, inclusive, Block 1.
All in Yerxa and Franklin’s Addition.

Lots 1 through 10, inclusive.
All in First Industrial Subdivision of Beardsley’s Addition.

Lots 3 through 16, inclusive, Block 2.
Lots 2 through 22, inclusive, Block 3.
Lots 1 through 22, inclusive, Block 4.
Lots 1 through 5, inclusive, Block 5.
Lots 1 through 7, inclusive, Block 17.
Lots 21 through 24, inclusive, Block 17.
Lots 1 through 8, inclusive, Block 18.
Lots 10 through 12, inclusive, Block 18.
Lots 14 through 24, inclusive, Block 18.
Lots 1 through 24, inclusive, Block 19.
Lots 1 through 12, inclusive, Block 20.
Lots 1 through 7, inclusive, Block 21.
Lots 1 through 4, inclusive, Block 22.
Lots 27 and 28, Block 22.
Lots 14 through 17, inclusive, Block 22.
Lots 11 through 14, inclusive, Block 23.
Lots 15 and 16, Block 24.
Lot 11, Block 25.
Lots 13 and 14, Block 25.
Lots 19 and 20, Block 25.
Lots 7 through 9, inclusive, Block 26.
Lots 20 through 24, inclusive, Block 26.
Lots 3 through 7, inclusive, Block 27.
Lots 22 through 28, inclusive, Block 27.
Lots 1 through 18, inclusive, Block 34.
Lots 1 through 18, inclusive, Block 35.
Lots 1 through 18, inclusive, Block 36.
All in Beardsley’s Addition.

Lot 1, Block 1.
Located in JMP Addition.

Lots 1 through 5, inclusive, Block 1.
All in North Tech Park First Addition.

Lots 31 through 50, inclusive.
All in Great Northern First Addition.

Lots 7 through 56, inclusive.
All in Great Northern Second Addition.

Lots 1 and 2, Block 1.
All in JKD Addition.

Lots 1 through 18, inclusive, Block 1.
Lots 1 through 11, inclusive, Block 2.
Lots 13 through 18, inclusive, Block 2.
Block 3.
All in Bowers Addition.

Lot 1, Block 1.
Located in Malme Addition.

Lot 1, Block 1.
Located in BMI Addition.

Lots 3 through 5, inclusive, Block 1.
All in Kapaun’s Addition.

Lots 10 through 12, inclusive, Block 1.
Lots 9 through 11, inclusive, Block 2.
Lots 13 through 16, inclusive, Block 2.
All in Park Addition.

Lot 1, Block 6.
Lot 1, Block 7.
Lot 1 and 3, Block 8.
Lot 1, Block 9.
All in Meritcare Addition.

Lots W through Y, inclusive.
All in Part of Auditor’s Lots 6 and 7 of NW 1/4 of Section 6, Township 139 – Range 48W.
Block 1.
Lots 1 through 17, inclusive, Block 2.
Lots 1 through 7, inclusive, Block 3.
Lots 1 through 11, inclusive, Block 4.
Block 5.
Lots 13 through 16, inclusive, Block 6.
Lots 1 through 8, inclusive, Block 7.
Lot 1, Block 8.
All in Wm. G. Johnson Addition.

Lots 1 and 2, Block 1.
All in T Lofts Addition.

Lots 1 through 8, inclusive, Block 1.
Lots 1 through 8, inclusive, Block 2.
Lots 1 through 12, inclusive, Block 3.
Lots 1 through 12, inclusive, Block 4.
Lots 1 through 5, inclusive, Block 5.
Lots 1 through 5, inclusive, Block 6.
Block 7.
Lots 1 through 7, inclusive, Block 8.
All in Barrett’s Addition.

Lot 1, Block 1.
Lot 1, Block 2.
All in Loucille’s Addition.

Lot 1, Block 1.
Located in Mercedes First Addition.

Lots 1 through 4, inclusive, Block 1.
All in Trillium Addition.

Lots 1 through 18, inclusive, Block 1.
Lots 1 through 18, inclusive, Block 2.
Lots 5 through 7, inclusive, Block 3.
Lots 1 through 14, inclusive, Block 4.
Lots 1 through 14, inclusive, Block 5.
Lots 1 through 10, inclusive, Block 6.
Lots 1 through 10, inclusive, Block 7.
Lots 1 through 5, inclusive, Block 8.
All in Kirkham’s Addition.

Lots 1 through 11, inclusive, Block 9.
Lots 1 through 11, inclusive, Block 10.
Lots 18 through 22, inclusive, Block 10.
Lots 1 through 9, inclusive, Block 11.
Lots 20 through 22, inclusive, Block 11.
Lots 7 through 22, inclusive, Block 12.
Lots 7 through 22, inclusive, Block 13.
Lots 1 through 16, inclusive, Block 14.
All in Kirkham’s Second Addition.

Lots 15 through 23, inclusive, Block 9.
All in Bolley’s Subdivision of part of Block 9 Chapin’s Addition.

Lots 1 through 5, inclusive, Block 1.
Lots 20 through 24, inclusive, Block 1.
Lots 1 through 5, inclusive, Block 2.
All in College Addition Subdivision of Blocks 8 and 9 Chapin’s Addition.

Lots 13 through 18, inclusive, Block 7.
All in Hansche’s Subdivision of Block 7 Chapin’s Addition.

Lots 1 through 3, inclusive, Block A.
Lots 1 through 3, inclusive, Block B.
All in Kaufman’s Subdivision of Block 5 Chapin’s Addition.

Lots 1 through 3, inclusive, Block 3.
Lots 20 through 22, inclusive, Block 3.
Lots 1 through 3, inclusive, Block 4.
All in Huntington’s Subdivison of Blocks 3 and 4 Chapin’s Addition.

Lots 4 through 6, inclusive, Block 1.
Lots 7 through 9, inclusive, Block 1.
All in Satterthwaite’s Subdivision of Block 1 Chapin’s Addition.

Lots 1 through 4, inclusive, Block 1.
Lots 10 through 17, inclusive, Block 1.
Lots 1 through 3, inclusive, Block 2.
All in Hector’s Addition.

Lots 1 through 3, inclusive.
Lots 22 through 24, inclusive.
Lots 25 through 27, inclusive.
Lot 46.
Lots 49 through 51, inclusive.
Lots 70 through 72, inclusive.
All in Subdivision of SW 1/4 of Section 31 Township 140 Range 48 (a.k.a. Ohmer’s)

Lots 1 through 19, inclusive.
All in Subdivision of lots 47 and 48, Ohmer’s Subdivision of SW 1/4 of Section 31 Township 140 Range 48.

Lots 3 through 8, inclusive, Block 3.
All in James Holes Subdivision of SE 1/4 Section 31 Township 140 Range 48.

Lots 1 through 12, inclusive, Block 1.
All in Holes First Addition.

Lots 1 through 4, inclusive, Block 1.
All in Simonson’s First Addition.

Lots 1 through 24, inclusive, Block 2.
Lots 1 through 24, inclusive, Block 3.
Lots 1 through 24, inclusive, Block 4.
Lots 1 through 18, inclusive, Block 5.
Lots 1 through 10, inclusive, Block 6.
Lots 1 through 12, inclusive, Block 7.
Lots 1 through 12, inclusive, Block 8.
Lots 1 through 12, inclusive, Block 9.
Lots 1 through 12, inclusive, Block 10.
Lots 1 through 5, inclusive, Block 11.
Lots 1 through 3, inclusive, Block 12.
Lots 10 through 12, inclusive, Block 12.
Lots 1 through 3, inclusive, Block 13.
Lots 10 through 12, inclusive, Block 13.
Lots 1 through 3, inclusive, Block 14.
Lots 10 through 12, inclusive, Block 14.
Lots 1 through 3, inclusive, Block 15.
Lots 10 through 12, inclusive, Block 15.
All in Egbert, O’Neil and Haggart’s Subdivision.

Lot 1, Block 1.
Located in Nicklaus Addition.

Lots 1 and 2, Block 1.
All in S&W Addition.

Lots 1 through 3, inclusive, Block 1.
Lots 1 through 4, inclusive, Block 2.
Lots 1 through 9, inclusive, Block 3.
Lots 1 through 12, inclusive, Block 4.
All in Arneson’s Addition.

Lots 1 and 2, Block 1.
Lots A1, B1, C1, A2, B2, C2, D2, A3, B3, C3, D3, E3, F3, G3, H3, A4, B4, C4, A5, B5, C5, D5, A6, B6, Block 2.
Lots A1, B1, C1, D1, E1, F1, A2, B2, B3, A4, B4, A5, B5, A6, B6, C6, A7, B7, C7, D7, E7, F7, G7, A8, B8, Block 3.
Lots A, B, A2, B2, C2, Block 4.
Lots 3 through 7, inclusive, Block 4.
Lots 1 through 4, inclusive, Block 5.
Lots A5, B5, C5, A6, B6, C6 and D6, Block 5.
Lot 1, Block 6.
All in Fuller’s Addition.

Lots A through F, inclusive, Block 1.
Lots A and B, Block 2.
Lots D through H, inclusive, Block 2.
Lots A through G, inclusive, Block 3.
Lots A through F, inclusive, Block 4.
Lots A through H, inclusive, Block 5.
Lots A through F, inclusive, Block 6.
Lots A through D, inclusive, Block 7.
Lots A through F, inclusive, Block 8.
Lots A through F, inclusive, Block 9.
Lots A and B, Block 10.
Lot A, Block 11.
Lot A, Block 12.
Lots A through C, inclusive, Block 13.
Lots A and B, Block 14.
Lots A through C, inclusive, Block 15.
Lots A through C, inclusive, Block 16.
Lots A and B, Block 17.
Lots A through C, inclusive, Block 18.
All in Eddy and Fuller’s Outlots Addition.

Lots 1 through 6, inclusive, Block 10.
Lots 1 through 6, inclusive, Block 11.
Block 12.
Block 13.
All in Original Townsite Addition.

All unplatted land in the southeast quarter of Section 02, T. 139 N, R. 49 W, 5th Principal Meridian.
All unplatted land in the northwest quarter of Section 06, T. 139 N, R. 48 W, 5th Principal Meridian.
All unplatted land in the northeast quarter of Section 01, T. 139 N, R. 49 W, 5th Principal Meridian.
All unplatted land in the northwest quarter of Section 12, T. 139 N, R. 49 W, 5th Principal Meridian.
All unplatted land in the northeast quarter of Section 36, T. 140 N, R. 49 W, 5th Principal Meridian.
All unplatted land in the southeast quarter of Section 36, T. 140 N, R. 49 W, 5th Principal Meridian.
All unplatted land in the southwest quarter of Section 36, T. 140 N, R. 49 W, 5th Principal Meridian.
All unplatted land in the northwest quarter of Section 36, T. 140 N, R. 49 W, 5th Principal Meridian.

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

NOW, THEREFORE, BE IT RESOLVED, That Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-18-A in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. NR-18-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. NR-18-A in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $418,550.00.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. NR-18-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. NR-18-A in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. NR-18-A in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Direct City Auditor's Office to Call for Bids for Improvement District No. NR-18-A:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. NR-18-A in the City of Fargo, North Dakota.

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

Asphalt Wear Course and Incidentals Improvement District No. PN-18-A (Various Locations in South Fargo):
Commissioner Piepkorn moved the following action be taken in connection with Asphalt Wear Course and Incidentals Improvement District No. PN-18-A:

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

LOCATION (Section 1):
On Amber Valley Parkway South from 55th Street South to 450’ east of 55th Street South.
On 28th Avenue South from 1180’ east of 51st Street South to 55th Street South.
On 30th Avenue South from Brandt Drive South to 55th Street South.
On 31st Avenue South from 51st Street South to Seter Parkway South.
On 51st Street South from 23rd Avenue South to Amber Valley Parkway South.
On 51st Street South from 28th Avenue South to 32nd Avenue South.
On 55th Street South from 23rd Avenue South to Amber Valley Parkway South.

LOCATION (Section 2):
On Calico Drive South from 30th Avenue South to 45th Street South.
On 30th Avenue South from 43rd Street South to 45th Street South.

LOCATION (Section 3):
On 28th Avenue South from 41st Street South to 42nd Street South.
On 30th Avenue South from 26th Avenue South to 42nd Street South.
On 31st Avenue South from 41st Street South to 42nd Street South.
On Thunder Road South from 39th Street South to 30th Avenue South.
On 39th Street South from Thunder Road South to 30th Avenue South.
On 41st Street South from 28th Avenue South to 32nd Avenue South.

LOCATION (Section 4):
On Tanner Avenue South from 54th Street South to 55th Street South.
On 34th Avenue South from 54th Street South to 130’ west of 55th Street South.
On Tyler Avenue South from 54th Street South to 55th Street South.
On 35th Avenue South from 54th Street South to 55th Street South.
On 54th Street South from Tanner Avenue South to 36th Avenue South.
On 55th Street South from 33rd Avenue South to 36th Avenue South.
On 50th Street South north of 36th Avenue South.

LOCATION (Section 5):
On Tuscan Court South from 55th Street South to 44th Avenue South.

LOCATION (Section 6):
On 67th Avenue South from 21st Street South to 25th Street South.
On 68th Avenue South from 21st Street South to 25th Street South.
On 23rd Street South from 68th Avenue South to 70th Avenue South.
On 24th Street South from 68th Avenue South to 70th Avenue South.
COMPRISING (Section 1):
Bound on the North along 23rd Ave S from Veterans Blvd to the East side of Gamma Fargo Addition excluding the area of Lots 2 & 3, Block 1 and all of Block 2 and 3 of Amber Valley 6th Addition.
Bound on the East from 23rd Ave. S. along the East side of Gamma Fargo Addition to Amber Valley Parkway. West along Amber Valley Parkway to the SE corner of Lot 3, Block 1, Gamma Fargo Addition. Then south SE corner Lot 4, Block 1, Amber Valley 7th Addition and then West to its Western Lot line. Southwest through part of Lot 9 and part of Lot 8, Block 2, Urban Plains by Brandt 1st Addition to 28th Ave. S. East on 28th Ave. approximately 238’ and South Along the Eastern Edge of part of Lot 1, Block 1, Brandt Park Addition. Then East along the Northern lot lines of Lots 4-6, Block 1, Urban Plains Medical Park Addition to Brandt Drive S. Then commencing South along Brandt Drive South to 32nd Ave. S.

Bound on the South on 32nd Ave. S. from Brandt Dr. S. to Seter Pkwy.

Bound on the West from 32nd Ave. S. by Veterans Blvd., 55th St. S., and Seter Pkwy.

COMPRISING (Section 2):
Bound on the North along 26th Ave. S. from 45th St. S. to the NE corner of Lot 6, Block 1, Calico Prairie Addition.

Bound on the East from the NE corner of Lot 6, Block 1 Calico Prairie Addition to the SE Corner of the E 255 Ft of Lot 1, Block 2, Calico Prairie Addition.

Bound on the South from SE Corner of the E 255 Ft of Lot 1, Block 2, Calico Prairie Addition at 43rd Street to 45th St. S.

Bound on the West by 45th St. S.

COMPRISING (Section 3):
Bound on the North on 26th Ave. S. from 41st St. S. to Interstate 29.

Bound on the East from the NE corner of part of Lot 1, Block 1 Adams 7th Addition to the SE Corner of Lot 2, Block 1, Adams 5th Addition. Then west along the south lot line of Lot 1, Block 3, Adams 7th Addition. Then south to 32nd Ave. S.

Bound on the South along 32nd Ave. S. from the SE corner of Lot 1, Block 1, Asplin 3rd Addition to the SW corner of Lot 1, Block 1, Heidrich Addition.
Bound on the West along the west side of Lot 1, Block 1, Heidrich Addition and 42nd St. S.

COMPRISING (Section 4):
All of Farmstead at Brandt Addition plus Lots 1-20, 22-27 Block 2, and all of Block 3 and 4, Valley View Addition.
COMPRISING (Section 5):
All of Tuscan Villas at Osgood Second Addition and all of Tuscan Villas at Osgood Addition.

COMPRISING (Section 6):
All of Davies 2nd Addition except Lots 1-3, Block 1.
Lots 1-2, Block 9 and all of Block 10, Crofton Coves 1st Addition.
Lots 19-28, Block 1, Crofton Coves 2nd Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Asphalt Wear Course and Incidentals Improvement District No. PN-18-A in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. PN-18-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PN-18-A in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $1,461,100.00.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. PN-18-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. PN-18-A in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. PN-18-A in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Asphalt Wear Course 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 Asphalt Wear Course and Incidentals Improvement District No. PN-18-A in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Asphalt Wear Course 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.

Direct City Auditor's Office to Call for Bids for Improvement District No. PN-18-A:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. PN-18-A in the City of Fargo, North Dakota.

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

Raised Pedestrian Crossing, Radius Improvements and Incidentals Improvement District No. TN-18-A (Various Locations in South Fargo):
Commissioner Piepkorn moved the following action be taken in connection with Raised Pedestrian Crossing, Radius Improvements and Incidentals Improvement District No. TN-18-A:

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

Between 48th and 50th Street and 14th Avenue and 15th Avenue South.
Between 38th and 42nd Street and 13th Avenue and 15th Avenue South.

COMPRISING:
Lot 1, Block 1.
Noridian Center 3rd Addition.

Lots 13-14, Block 1.
West Acres Mall Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Raised Pedestrian Crossing, Radius Improvements and Incidentals Improvement District No. TN-18-A in the City of Fargo, North Dakota, be and the same is hereby created.
Request Report and Estimate of Cost From the City Engineer for Improvement District No. TN-18-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. TN-18-A in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $151,608.60.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. TN-18-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. TN-18-A in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. TN-18-A in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Raised Pedestrian Crossing, Radius Improvements 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 Raised Pedestrian Crossing, Radius Improvements and Incidentals Improvement District No. TN-18-A in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Raised Pedestrian Crossing, Radius Improvements 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. TN-18-A:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. TN-18-A in the City of Fargo, North Dakota.

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

Contract for Storm Sewer, P.C. Concrete Paving and Incidentals Improvement District No. BN-18-G1 Approved:
Commissioner Piepkorn moved approval of the Contract between the City of Fargo and Dakota Underground Company for Storm Sewer, P.C. Concrete Paving and Incidentals Improvement District No. BN-18-G1 in the City of Fargo, North Dakota.

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

Contract Bond for Storm Sewer, P.C. Concrete Paving and Incidentals Improvement District No. BN-18-G1 Approved:
Commissioner Piepkorn moved approval of the following described Contract Bond as to sufficiency:
United Fire and Casualty Company, in the amount of $2,151,638.10, for Storm Sewer, P.C. Concrete Paving and Incidentals Improvement District No. BN-18-G1 in the City of Fargo, North Dakota.

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

Contract for Seal Coat and Incidentals Improvement District No. PR-18-E1 Approved:
Commissioner Piepkorn moved approval of the Contract between the City of Fargo and Asphalt Surface Technologies Corporation for Seal Coat and Incidentals Improvement District No. PR-18-E1 in the City of Fargo, North Dakota.

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

Contract Bond for Seal Coat and Incidentals Improvement District No. PR-18-E1 Approved:
Commissioner Piepkorn moved approval of the following described Contract Bond as to sufficiency:
Travelers Casualty and Surety Company of America, in the amount of $952,007.90, for Seal Coat and Incidentals Improvement District No. PR-18-E1 in the City of Fargo, North Dakota.

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

Presentation of MATBUS Eco-benefits in Commemoration of Earth Week 2018:
Assistant Transit Director Matthew Peterson said public transportation provides many benefits, even for people who do not use it. He said for every 10 people on a bus during rush hour means there are nine fewer cars on the road. He said public transportation increases the efficiency of the entire transportation network and that means less traffic congestion, fewer carbon emissions and a safer community. Other environmental benefit examples he presented included: one bus carrying 85 people saves 55 gallons of gas in one day; transit is adopting innovative clean technologies and fuels such as electricity, hybrids, electric storage, biofuels, natural gas and hydrogen fuel cells; Fargo owns eight diesel-electric hybrid fixed route buses and is looking at additional eco-friendly buses for the future, such as electric; and with public transportation, more than 4 billion gallons of gasoline are saved and 37 million metric tons of carbon dioxide emissions are avoided nationally. He said MATBUS provided about 2 million fixed route rides in 2017, which is about 7,800 rides per day.

Update on the ‘Sound the Alarm, Save a Life’ Event:
Fire Chief Steve Dirksen said the Fargo Fire Department and the American Red Cross will take part in the “Sound the Alarm, Save a Life” event in Fargo on April 28th. He said this is a national event, taking place in more than 100 communities nationwide. He said smoke alarms will be installed in homes in at-risk neighborhoods in Fargo the morning of April 28th by members of the Fargo Fire Department and American Red Cross volunteers.

Lynn Speral, Regional Chief Executive Officer for the American Red Cross, said the smoke detectors will be installed free of charge in neighborhoods selected by Chief Dirksen and his staff which are considered at risk. She said about 80 percent of the care the American Red Cross provides is for people affected by home fires. She said since the program started in 2014, 385 lives have been saved nationwide.

In response to a question from Commissioner Piepkorn, asking how it was determined what neighborhoods would receive smoke alarms, Chief Dirksen said neighborhoods were selected due to recent fire activity. He said every dollar spent to prevent fires saves $4 in response and socio-economic costs. He said the smoke alarms that will be installed have a battery with a 10-year life span.

Update on the Mayor’s Blue Ribbon Commission on Addiction:
Fargo Cass Public Health Officer Dr. John Baird said there were 31 opioid-related deaths in 2016 and after October 2016, when the Mayor’s Blue Ribbon Commission on Addiction was formed, there were 17 opioid-related deaths. He said there has been only one confirmed death so far in 2018. He said with the help of Fargo Cass Public Health and area law enforcement, the results show the Commission is headed in the right direction. He said the primary goal of the Commission is prevention through increased public awareness and education.

The Mayor’s Blue Ribbon Commission on Addiction Director Anne Malmberg said there are 14 members of the Commission and with the various steering groups total about 40 people. She said a report will be released with results of a social survey done at Fargo schools as a way to determine what could prevent substance abuse. She said results of the survey show 25 percent of youth in Fargo do not have a person they can connect with in order to get help, which is a direct correlation to risky behaviors. She said with funding from the federal 21st Century Cures Act, Narcan is available and there have been successful takeback centers. She said providers have also been identified who will prescribe Noloxone, which is proven to increase success in ongoing recovery. She said Community Medical Services, a methadone clinic in Fargo that opened in June, already has more than 190 clients and of those people getting treatment at the clinic, eight were pregnant. She said a new transportation service has helped transport people who have detox needs between Fargo and Moorhead, the Cass County Jail and emergency rooms. She said the transport service has only been in operation for a short time; however, in the first two weeks there were more than 60 transports, which has saved valuable time and resources from FM Ambulance and law enforcement. She said the Commission is working with 211 and FirstLink to get funding for a navigator so people in need of services can call one number and know where they can go for help today. She said many of the services needed are dependent on insurance and other resources; however, Commission members continue to work on those issues.

Commissioner Strand said there have been many successes as a community to address addiction issues. He said drug court is having an impact and other people involved in making a difference include Nikki Anderson at the Plains Art Museum, Jan Eliason at the Gladys Ray Shelter and Jeremy Kelly at the Syringe Exchange Program. He also commended the methadone clinic, the Good Samaritan Law, access to Narcan and F-5 housing. He said all of this adds up to saving lives.

Ms. Malmberg said through the Cures Act, the Commission was also able to bring in the Minnesota Recovery Center to provide free training to 18 people who are in recovery. She said after their training, they will be able to reach out and help others. She said that is an excellent lower cost strategy of helping people.

Hearing on Special Assessments for Sewer Repairs on Certain Properties in the City of Fargo:
A Hearing had been set for this day and hour on the special assessments for sewer repairs on the list of properties on file in the City Auditor’s Office.
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 has a program to assist property owners with emergency sewer repairs. He said the City will contribute about a third of the cost and the homeowner can pay the balance or petition the City for the balance to be special assessed. He said in the past, this hearing was done mid-year; however, it caused confusion as to when the repairs were done. He said this time the total includes half of 2016 and all of 2017 and at the Hearing in early 2019, the total will only include repairs done in 2018. He said this year the total amount to be special assessed is about $777,000.00.

Commissioner Piepkorn moved the sewer repair special assessment list be approved.

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

Application to Transfer the Class “B” Alcoholic Beverage License from Main Liquors Inc. d/b/a Main Liquors to Dakota Liquors, LLC d/b/a Main Liquors Approved:
A Hearing had been set for March 26, 2018 on an application to transfer the Class "B” Alcoholic Beverage License from Main Liquors Inc. d/b/a Main Liquors to Dakota Liquors, LLC d/b/a Main Liquors at 4000 Main Avenue, notice of which had been duly published in the official newspaper for the City of Fargo.
At the March 26, 2018 Regular Meeting, the Hearing was continued to this date and hour.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.

City Auditor Steve Sprague said the owner of Main Liquors is retiring and selling his business and liquor license to a new owner.
Commissioner Piepkorn moved the application be approved.

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

Application to Transfer the Class “FA” Alcoholic Beverage License from B.A.B. 32nd Avenue South, LLC d/b/a Moe’s Southwest Grill to HRP, Fargo LLC d/b/a The Tavern Grill Approved:
A Hearing had been set for March 26, 2018 on an application to transfer the Class "FA" Alcoholic Beverage License from B.A.B. 32nd Avenue South, LLC d/b/a Moe’s Southwest Grill to HRP, Fargo LLC d/b/a The Tavern Grill at 3233 45th Street South notice of which had been duly published in the official newspaper for the City of Fargo.
At the March 26, 2018 Regular Meeting, the Hearing was continued to this date and hour.
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 Moe’s Southwest Grill was sold to a new owner who did not want to have the alcohol license that went with the business. He said the Class “FA” license will be transferred to The Tavern Grill, a new restaurant being constructed on 45th Street South.
Commissioner Piepkorn moved the application be approved.

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

Application to Transfer the Class “FA-RZ” Alcoholic Beverage License from Mosaic Foods, LLC d/b/a Mezzaluna to Snelling Hospitality, LLC d/b/a Mezzaluna Approved:
A Hearing had been set for March 26, 2018 on an application to transfer the Class "FA-RZ" Alcoholic Beverage License from Mosaic Foods, LLC d/b/a Mezzaluna to Snelling Hospitality, LLC d/b/a Mezzaluna at 309 Roberts Street North notice of which had been duly published in the official newspaper for the City of Fargo.
At the March 26, 2018 Regular Meeting, the Hearing was continued to this date and hour.
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 owners Eric and Sara Watson have moved on to something new and are selling the Mezzaluna restaurant to one of their long-time employees, who will keep the restaurant at its current location.
Commissioner Strand moved the application be approved.

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

Application to Transfer the Class “A” Alcoholic Beverage License from Classic Foods, LTD d/b/a Ground Round Restaurant to FSB Associates, LLC d/b/a Cowboy Jack’s at 506 Broadway North Approved:
A Hearing had been set for February 26, 2018 on an application to transfer the Class "A" Alcoholic Beverage License from Classic Foods, LTD d/b/a Ground Round Restaurant to FSB Associates, LLC d/b/a Cowboy Jack’s at 506 Broadway North.
At the February 26, 2018 Regular Meeting, the Hearing was continued to March 26, 2018.
At the March 26, 2018 meeting, the Hearing was continued to this day and hour.

City Auditor Steve Sprague said years ago, a Class “A” license was the only alcoholic beverage license available which does not require food; however, some restaurants that have a Class “A” license are not necessarily a bar, such as Red Lobster and Paradiso. He explained a Class “A” license does not require the reporting of food and alcohol sales and one of the reasons restaurants choose Class “A” licenses is total food sales do not have to be reported, which would affect competition. He said a Class “FA” license requires restaurants to report sales of more food than alcohol; however, menu options can affect meeting that ratio. He said if a restaurant is selling steak and lobster, reaching the required food/alcohol ratio is easy; however, with less expensive food on the menu it is harder to reach the required ratio. He said another clarification he wanted to make is rules regarding minors in a facility that serves alcohol. He said under the North Dakota Century Code and the Fargo Municipal Code, the general alcohol provision is those younger than age 21 cannot be where alcohol is served; however, there are exceptions, such as if a restaurant has food sales that exceed alcohol sales and alcohol is mixed in a separate room from where it is consumed. He said another exception is someone younger than 21 can be in a restaurant serving alcohol if they are accompanied by their parents or guardians. He said a business can also decide if minors will be allowed until a certain time or not at all due to various factors such as limited seating and hours of operation.

Sally Loeffler, 516 and 518 Broadway, owner of Beyond Running/Outermost Layer, said her businesses are located between the Empire and the Bismarck on Broadway and next to the proposed location of Cowboy Jack’s. She said she has had intoxicated patrons in her stores and broken windows after hours. She said when she heard a wild cowboy bar with drink specials and a mechanical bull was moving in next door, she was nervous and she almost had her pen on the petition. She said two businesses on the block closed, so before signing the petition she did some research. She said she has since learned the Fargo Cowboy Jack’s will be different than the Downtown Minneapolis Cowboy Jack’s. She said she scoured the company’s website and social media and her research indicates Cowboy Jack’s does focus on a family-friendly atmosphere, she failed to find any outrageous drink discounting and after speaking to applicant Dave Erickson, there are no plans for a mechanical bull. She said she understands there will be late night clientele, which she feels the new owner can accommodate. She said it would be unfair to assume Cowboy Jack’s will draw the customers with drinking issues. She said Cowboy Jack’s has to follow franchise guidelines and rules and she has seen the renderings, which will elevate the block, not weaken it. She said she discussed the issue of safety with the applicant and she believes he has the best intentions. She said he is a good fit for the neighborhood, he is a vigilant owner and she has no reason not to believe him.

Austin Morris, Enclave Development, said he has difficulty finding family-friendly restaurants Downtown. He said Cowboy Jack’s is a restaurant franchise with more than 100 menu items and they will utilize the entire building. He said the City has an opportunity to have an exciting and unique restaurant Downtown and north of the tracks that offers service to a different clientele. He said he had the property listed for rent for 12 months and the common theme with a retail tenant was the challenge of getting people past the tracks. He said there are many positive things about Cowboy Jack’s, including an emphasis on food and seven-day operations. He said there are many unique things on their menu, including organic options and great price points. He said with Cowboy Jack’s, it is all-ages friendly, they serve brunch and Downtown needs more weekend breakfast options. He said there are only two rooftop patios Downtown now and this new business will feature a front facing patio and a rooftop patio. He said Cowboy Jack’s will have a small event room on the second floor for special events such as grooms dinners and meetings. He said Cowboy Jack’s will be open daily for lunch and are planning historic preservation of the McNeil building, plus building an addition that is aesthetically pleasing.

In response to a question from Commissioner Piepkorn, asking what will be the investment to upgrade the building, Mr. Morris said $1.5 million.

In response to a question from Commissioner Piepkorn asking if Cowboy Jack’s will be using Renaissance Zone funds, Mr. Morris said the block was approved for Renaissance Zone funding; however, it is unknown at this time whether this project will apply for the funding due to the fact that approval of the liquor license and building plans have yet to be finalized.

Commissioner Piepkorn said $1.5 million invested Downtown in a block with three empty storefronts is remarkable. He said the Liquor Control Board needs to address the two problem bars and put the owners on probation or some other consequence if safety is not improved and the number of police calls is not reduced.

Dave Erickson, applicant, said the bars on the north end of Broadway have a bad reputation and it is his intention to brighten up the space and make it more secure by installing exterior lighting and security cameras. He said he will use every security option he can to make his guests and the neighborhood feel safe. He said the entrance to the restaurant will be separate from the bar area, much like the way Buffalo Wild Wings and Peppers restaurants are set up. He said the restaurant is located in the entertainment district of the city and there is no doubt there will be a weekend crowd, although his business cannot survive just on weekends. He said it is his strong intention to create daytime and weekday traffic to improve the business and he will seek all types of customers. He said his personal investment in the business is $750,000.00, a third of which is for kitchen equipment. He said he has a 10-year commitment with Cowboy Jack’s and he hopes to develop the franchise in other markets in North Dakota.

In response to a question from Commissioner Piepkorn asking about the number of employees, Mr. Erickson said there will be about 40 part-time and 20 full-time employees. He said the $2.00 burger special on Tuesdays will be very successful; however, it would affect the ratio required with a Class “FA” license and if he does not meet the ratio, he risks losing his investment. He said he is not willing to take that risk which is why the Class “A” license is what he prefers.

Commissioner Piepkorn said he is enthusiastic about having more people on the north end of Broadway. He said more traffic, more pedestrians and more eyes will improve safety. He said this restaurant is an economic driver for that block and it is needed. He said the City needs to be careful with gentrification and the people living in the million dollar condos across the street do not want it due to the fact that it is not their kind of place. He said this fits with the Downtown Master Plan regarding infill and economic development.

In response to a question from Commissioner Strand asking what time the restaurant will stop serving food, Mr. Erickson said the kitchen will serve food until 10 p.m., and a late night menu will be available until 2 a.m.

In response to a question from Commissioner Strand asking if Mr. Erickson were applying for a Class “FA” license, would this be settled, Mr. Erickson said he would not risk his investment with a Class “FA” license.

In response to a question from Commissioner Strand, asking if he is not approved for this license are there any other sites he has in mind, Mr. Erickson said he did look at other sites outside of Downtown and in Grand Forks. He said he looked at the site on Broadway more than a year ago; however, it made him nervous looking across the parking lot to the Empire. He said he eventually saw the potential and as time went on, the site became more financially feasible due to the fact that the space provides flexibility to easily add a kitchen.

In response to a question from Commissioner Grindberg asking about his background, Mr. Erickson said he grew up in Moorhead, attended college in Minneapolis, then returned to Moorhead where he opened Dave’s Southside Tap about 10 years ago, which is still in business. He said he later opened Bulldog Tap and Hennessy’s Irish Pub in Fargo, and the Red Hen in Dilworth, Minnesota.

At 6:05 p.m., the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Josie Danz, 420 Broadway, said she has lived and worked in Downtown for 27 years. She said she has had to make many calls for service for drunk and disorderly conduct. She said the applicant has told the Liquor Control Board what they want to hear and if Cowboy Jack’s truly is a family-friendly business, they should get a Class “FA” license. She said the food prices are low in order to get people there to drink so they can operate like a nightclub. She said she has been to a Cowboy Jack’s and knows the reality of their business. She said at certain times of the day, it is fit for family; however, a simple Google search shows exactly what their target market is. She said do not be fooled, Cowboy Jack’s caters to the bar hopping scene, which will contribute to the already problematic nightlife in Downtown Fargo. She said Fargo has a drinking problem and a liquor license density problem. She said alcohol is a drug and it needs to be regulated. She said there is a lot of discussion about the opioid problem, yet everyone thinks it is cute Fargo is the drunkest city in America. She said she has witnessed the growth of Downtown as it used to be mostly bars and it was not an area of pride or a destination and now it is the community’s front porch and is the entertainment district in Fargo. She said the Downtown Master Plan stresses a family-friendly environment, diverse housing and more green space as well as a balance of different businesses, which leads to greater economic stability. She said there are 51 liquor licenses Downtown, the area is overserved and under-regulated and the problem is not just on the north end of Broadway, the south end is also a problem. She said the City needs to hold bars more accountable.

Murphy Anderson, 812 Broadway, said she is concerned about density and overconsumption after reviewing articles about Cowboy Jack’s. She said the business is well known for its drink specials and binge-drinking atmosphere and the location right next to the train tracks is not right.

James Darville, Fargo, said he used live above Zandbroz on Broadway, but moved due to the noise from the two bars. He said while he was in college, when he went to the Twin Cities his first stop was always Cowboy Jack’s due to the fact that it was fun, cheap and catered to the college crowd.

Deb Dawson, Fargo, said she lives Downtown and spends a lot of time walking; however, she avoids the north end of Broadway due to the fact that she feels it is not safe and if another bar is brought in, police will not be able to keep up. She says she goes home early so she does not have to encounter drunk people on the street.

Peter Vandervort, 715 3rd Avenue North, said he is against another bar Downtown and thankful for the winter months due to the fact that just about every morning in the summer he has to call the police to remove drunk people from his backyard. He said the type of people the bars draw do damage to the neighborhood and it is not his job nor the job of the Police Department to clean up. He said every day residents in his neighborhood are accosted on the street and he finds drunk people sitting on his porch and walking through his garden. He said this is not normal and adding another bar will aggravate the issues.

Ross Meland, West Fargo, said he owns an electrical business in West Fargo and the market is slowing down, so something like this is encouraging. He said a hub business such as this one could improve the area. He said he has done work Downtown and this business will make the Downtown area better and clean up that end of Broadway.

Greg Danz, 420 Broadway, said he has lived and worked Downtown for 27 years and it has been a continuous problem with local bars and liquor stores with no response from the Liquor Control Board. He said he has problems renting his apartments to anyone not in their 20s because of the noise and disorderly conduct caused by the bars. He said more needs to be done to make the bar owners accountable.

Commissioner Piepkorn said he is Chairman of the Liquor Control Board and the Board can do things to make bar owners toe the line. He said liquor licenses are not theirs in perpetuity. He said the Board has not pulled liquor licenses or put bar owners on probation in the past; however, that does not mean it cannot be done in the future.

Dawn Morgan, representing the Fargo Neighborhood Coalition, said she likes the visual images; however, she wishes the business was something different. She said she sees Downtown as a nice place with lighting, vegetation, sidewalk cafes, places to relax and she does not see how this business as proposed will work. She said the neighborhood does not need more degradation and other people Downtown do not want to run in to people who are drunk and unruly. She said she hopes this business can contribute in a positive way.

Brian Asmus, co-owner of the Cowboy Jack’s franchise, said they want to be good stewards of the community. He said Cowboy Jack’s does many good things for communities, high schools, hockey teams, children with autism, hospitals, Special Olympics and more. He said they are mainly a restaurant; however, they do also sell alcohol. He said the menu mix is very different and the busiest times will be Friday and Saturday; however, the restaurant is also very busy during lunch and dinner and is far busier at dinnertime than at 1 a.m. He said happy hours are offered; however, there are many places offering very good drink specials. He said the concerns brought up about this location are valid and he wants to help. He said one option is to hire off duty police officers, which is done at some of the other Cowboy Jack’s locations.

In response to a question from Commissioner Grindberg about how much flexibility is given to a franchisee with marketing and promotion, Mr. Asmus said the franchiser does all marketing, promotions and controls the social sites.

Commissioner Grindberg said there has been a lot of feedback and he has spent time with both sides. He said the Board cannot set conditions or approve a license with conditions. He said the owner has committed to making an investment and the City has to decide where it wants to with this. He said there have been previous ideas on how to curb binge drinking and there should be a way for bar owners to get together to police themselves and manage their businesses the right way. He said Mr. Erickson moved back to this area, has made investments and manages his businesses appropriately. He said he agrees the City needs to be proactive and address some of these issues, in particular with the Bismarck and the Empire.

In response to a question from Commissioner Strand regarding police issues Downtown, Police Chief David Todd said the Downtown beat is the smallest, yet it has the highest number of calls for service. He said the Empire and the Bismarck are what drives the number of calls for service. He said Downtown has to be a neighborhood where people want to live and feel safe as well as a place for entertainment with liquor establishments. He said it is a quality of life issue for those who live Downtown and other businesses. He said there are four more bars on the other end of Broadway, he is concerned and that is why he voted against it at Liquor Control. He said the Police Department has to grow as the city grows and due to the fact that Downtown is so dense with a lot of liquor licenses, at some point more police officers will be needed, then the questions are who is going to pay for it and where will the money come from.

Fargo Police Lieutenant Chris Helmick said there are 11 officers staffed for Downtown with two open spots and two resource officers. He said Downtown is the heaviest staffed beat in the city and there were more than 13,000 calls for service Downtown last year. He said there is something out of whack and the Police Department has to find creative ways to keep it safe at all hours.

Commissioner Gehrig said the Board is setting a dangerous precedent. He said this applicant has passed all the tests, he is experienced and has a good background. He said this is signaling to the public the Board should be able to choose what business goes where and the Board can deny a license that someone qualifies for if the Board does not like where the business is or what the business is. He said that is government overreach and will harm Downtown in the long run. He said while arguing against this establishment, it is a free market and for residents who think there are too many bars Downtown, the City should stop subsidizing bars Downtown. He said at Liquor Control, he will vote to approve a consultant to get input from the City and give the Board an idea of what other cities have done.

Commission Strand said he has heard immense amounts of information on both sides and the Board needs to find a clear definition for proximity or density for liquor licenses, much like what Bismarck and Grand Forks have. He said the Liquor Control Board should vet that discussion and finalize a policy before there is another vote on another license.
Commissioner Strand moved to table this item until the City Commission receives a recommendation from the Liquor Control Board as to whether or not the City should consider density or proximity regulations on liquor licenses.
The motion died for lack of a second.

Commissioner Piepkorn moved the application be approved.

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

State Water Commission Request for Reimbursement for FM Diversion Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $772,390.00 for cost reimbursement for the FM Area Flood Risk Management Project for February 2018. He said the request is for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project.
Commissioner Strand moved the cost reimbursement request in the amount of $772,390.00 for the FM Diversion Flood Project for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project be approved.

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

State Water Commission Request for Reimbursement for FM Diversion Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $901,954.00 for cost reimbursement for the FM Area Flood Risk Management Project for February 2018. He said the request is for expenses related to projects in the Oxbow/Hickson/Bakke component of the project.
Commissioner Grindberg moved the cost reimbursement request in the amount of $901,954.00 for the FM Diversion Flood Project for expenses related to projects in the Oxbow/Hickson/Bakke component of the project be approved.

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

Amended and Restated Resolution Authorizing the Issuance and Sale of $98,000,000.00 City Water Revenue Bond, Series 2013B and Amended and Restated Loan Agreement with the North Dakota Public Finance Authority Relating to the Water Treatment Plant Project Approved:
The Board received a communication from Director of Finance Kent Costin stating the State Industrial Commission approved a modification of an existing State Revolving Fund loan for the water plant project on March 29, 2018. He said the modification increased the amount of the loan from $66.4 million to $98 million to fund the final phases of the project and also removed the sales tax revenue pledge on the original loan. He said the original loan resolution used sales tax revenues as the primary source of repayment, and the current amendment uses Water Utility fund revenues as the primary source of repayment. He said this is consistent with how the original water plant construction was financed.
Commissioner Piepkorn moved the Amended and Restated Resolution Authorizing the Issuance and Sale of $98,000,000.00 City of Fargo Water Revenue Bond, Series 2013B be adopted and attached herto.

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 Resolution was adopted.

Submittal of a Letter of Support to the Governor of North Dakota for the Opportunity Zone Applications Submitted by the City of Fargo Approved (Moved from the Consent Agenda):
The Board received a communication from Strategic Planning Director Jim Gilmour asking that the Board submit a letter of support to the Governor of North Dakota for Opportunity Zone applications submitted by the City of Fargo.

In response to a question from Commissioner Grindberg as to what the Opportunity Zones will mean for the City, Mr. Gilmour said the Tax Cuts and Jobs Act of 2017 allows for establishment of Opportunity Zones to encourage long term investment in lower income neighborhoods. He said the law allows for temporary deferral of capital gains for people investing in Opportunity Funds. He said he submitted applications for the establishment of Opportunity Zones in the City of Fargo for 10 census tracts. Statewide, he said, there have been about 60 applications submitted and the Governor is to designate 25 Opportunity Zone Census Tracts by April 20, 2018, so there is a good chance some of those tracts in Fargo will receive funding. He said the final part of the application process is for the Fargo City Commission to submit a letter of support to the Governor by April 13, 2018, confirming the tracts are acceptable. He said Cass County has also requested a letter of support due to the fact that one tract requested has a small portion of land in the City of Fargo. He said long term he does not know how much investment this fund will drive. He said he will work with the Fargo-Moorhead Economic Development Corporation and talk to businesses to see what kind of interest there is in these funds.

Commissioner Grindberg said most of the tracts are west and north of downtown, and there are also some on South University Drive.
Commissioner Grindberg moved a letter of support be submitted to the Governor for Opportunity Zone applications submitted by the City of Fargo and Cass County.

Second by Piepkorn. 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.

Installation of Utility Box Artwork Wraps and Agreement with the Downtown Fargo Business Improvement District (BID) Approved (Moved from the Consent Agenda):
The Board received a Report of Action from the Public Works Projects Evaluation Committee stating the Engineering Department has reviewed a request to install artwork wraps on seven Downtown utility boxes. They said the funding for the project is from the City of Fargo Arts and Culture Commission.

Assistant City Planner Mark Williams said original artwork will be printed on a vinyl wrap and the Business Improvement District (BID) will be responsible for general cleaning and maintenance. He said artists can submit images, which will be selected by a public art subcommittee. He said once a design is approved, selected artists will receive compensation in the amount of $250.00.

In response to a question from Commissioner Piepkorn, asking if the project is part of the Arts and Culture Commission’s approved budget for 2018 or in addition to that budget, Mr. Williams said this is part of the budget approved for the Arts and Culture Commission for 2018.

Commissioner Gehrig said Downtown is a BID area and he would rather the City offer the space for the art and special assess the adjacent property owners rather than using public funds.
Commissioner Piepkorn moved the installation of artwork wraps on seven Downtown utility boxes and the agreement with the Fargo Business Improvement District be approved.

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

Settlement Agreement and Release for Property Located at 4027 Copperfield Court South Approved:
The Board received a communication from Assistant City Attorney Nancy Morris stating after extensive negotiations over an extended period of time, a Settlement Agreement and Release that represents the culmination of the eminent domain action authorized pursuant to a Resolution of Necessity dated December 5, 2016, for property located at 4027 Copperfield Court South. She said the Agreement and Release resolves the inverse condemnation action commenced against the City of Fargo and Southeast Cass Water Resource District by summons and complaint dated February 25, 2015. She said approval of the agreement solves all claims, resulting in the cancellation of the trial scheduled for April 23, 2018.

In response to a question from Commissioner Piepkorn, asking what the settlement is, Ms. Morris said the information sent to Commissioners indicates the terms of the agreement. She said to have an open discussion now may result in some fiscal impact to the negotiations.

In response to a question from Commissioner Strand asking if the settlement falls into the parameters established in Executive Session, Ms. Morris said it is in line with other settlements presented and approved in the same area.

Commissioner Gehrig said he is uncomfortable voting for this agreement as he does not remember how he voted in the Executive Session meeting. He said he received the email regarding this item late in the day and he does not have enough information and feels it is rushed.

Mayor Mahoney said there have been long and detailed discussions about this settlement and Ms. Morris has followed the parameters and guidelines voted on in Executive Session.
Commissioner Strand moved the Settlement Agreement and Release for property located at 4027 Copperfield Court South be approved.

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

Commissioner Grindberg moved that the Board adjourn to 5:00 o’clock p.m., Monday, April 23, 2018.

Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:21 o’clock p.m.