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Board of City Commissioners - August 27, 2018

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, August 27, 2018.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a statement with the following information: The Fire Department has received a grant from First Alert and will be working with the local Red Cross chapter to install smoke detectors; the Mayor’s Blue Ribbon Commission on Addiction will host a Take Back Tuesday event on August 28th; the North Dakota State Library has awarded the Fargo Public Library the 2018 North Dakota Star Library Award; fall/winter hours start September 9th at the Library; North Dakota's July 2018, not seasonally adjusted employment, was higher by 0.9 percent from the same period a year ago; over the past year Fargo’s employment increased by 1,900 jobs; the City has issued permits for 547 multi-family housing units so far in 2018; five new police officers will be sworn in on September 10th; the Washington Post recently published a story about fun and interesting things to do and see in Fargo-Moorhead; and the move into the new City Hall has started.

Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved, moving Item Nos. “1a,” “1b” and “20” from the Consent Agenda to the Regular Agenda.

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

Minutes Approved:
Commissioner Strand moved that the Minutes of the Special Meeting of the Board held on August 8, 2018 and the Minutes of the Regular Meeting of the Board held on August 13, 2018 be approved as read.

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

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

1. 1st reading of the following Ordinances:
a. Amending Section 25-1513, of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages (moved to the Regular Agenda).
b. Amending Section 01-0305, of Article 01-03 of Chapter 01 of the Fargo Municipal Code Relating to Classification of Ordinance Violations (moved to the Regular Agenda).

2.2nd reading, waive reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Black Mountain Addition to the City of Fargo, Cass County, North Dakota; 1st reading on 8/13/18.

3. Applications for property tax exemption for improvements made to buildings:
a. Bryan S. and Tifanie K. Gelinske, 1602 3rd Street North (5 year).
b. Henry R. and Barbara J. Wegter, 3232 Longfellow Road North (5 year).
c. Thomas A. and Donna A. Runyan, 98 Woodland Drive North (5 year).

4. Applications for Games of Chance:
a. Fargo Moorhead Derby Girls for a raffle on 9/15/18.
b. Fargo Angels Hockey Club for a raffle on 12/1/18.
c. 4 Luv of Dog Rescue for a raffle on 11/10/18.
d. Ava Berthiaume Cancer Benefit for a raffle and raffle board on 9/29/18; Public Spirited Resolution.
e. Jeff McKinnon Benefit for a raffle board from 9/1/18 to 9/29/18; Public Spirited Resolution.
f. Fargo-Moorhead USBC Association for a calendar raffle from 10/1/18 to 5/31/19.
g. Fargo-Moorhead USBC Association for a calendar raffle from 10/1/18 to 5/31/19.
h. NDSU Foundation and Alumni Association for a raffle on 9/22/18.
i. North Dakota Long Term Care Association for a raffle on 9/13/18.

5. Direct the City Attorney to draft an Ordinance to establish a joint and severe liability for tenants and owners with respect to City provided utility services and an Ordinance authorizing the addition of unpaid utility bills to be added to the property taxes of the benefitting property.

6. Government and Public Education Credit/Debit Card Processing Agreement with Heartland Payment Systems until August 31, 2022, subject to final legal review.

7. Receive and file the Bond Purchase Agreement for the Block Nine Project Taxable Annual Appropriation Bonds, Series 2018E.

8. Encroachment Agreements (Adjacent to Block Nine Tower and Adjacent to Block Nine Plaza) with Block 9 Partners LLC.

9. Letter-Agreement with US Bank National Association regarding terms for providing parking spaces in the Roberts Commons Parking Garage.

10. Direct the City Attorney to amend the Ordinance relating to e-cigarette and electronic smoking devices to address licensing concerns.

11. Addendum to Provision of Nursing Services for the Kindred Public School District for the school year 2018-2019 (2018 budget).

12. Addendum to Provision of Nursing Services for the Kindred Public School District for the school year 2018-2019 (2019 budget).

13. Agreement for Physician Services with Heidi Lako-Adamson, M.D.

14. Financial Award from the ND Department of Commerce for an emergency solutions grant for the Gladys Ray Shelter (CFDA #14.231).

15. Bid awards to Wrigley Mechanical in the amount of $389,000.00 and to Dakota Electric in the amount of $45,660.00 for the Civic Center HVAC retrofit (AFB18249).

16. Bid award to Excavating Inc. in the amount of $375,944.78 for demolition of the Old City Hall (AFB18248).

17. Selection of R.L. Engebretson Architects Fargo LLC to provide architectural services related to long-term capital planning at Newman Outdoor Stadium.

18. Community Development Block Grant Storefront Rehab project at 402 Broadway North.

19. Submission of the 2017 Consolidated Annual Performance and Evaluation Report (CAPER) for the City’s Community Development Programs to HUD.

20. Agreement for the Joint Operation of Red River Valley Unmanned Aircraft Systems Team with the Fargo Police Department, Cass County Sheriff’s Office, the West Fargo Fire and Police Departments (moved to the Regular Agenda).

21. Change Order No. 2 for an increase of $33,493.10 for Project No. FP-17-A1.

22. Bid award to Dirt Dynamics, LLC in the amount of $360,948.00 for Project No. HD-18-A1 and to Johnson & Schock Excavating in the amount of $116,004.00 for Project No. UR-18-A1.

23. Lease with Option to Purchase Agreement with CapFirst Equipment Finance, Inc. for one ASL refuse truck (RFP17324).

24. Bid award to Flexible Pipe Tool Company in the amount of $187,863.00 for one mobile pipeline inspection unit (PBC18986).

25. Bid award for an Insurance Agent at the FARGODOME to Dawson Insurance (RFQ18215).

26. Amendment No. 3 to AE2S Task Order No. 76 for a change in scope for Project No. WA1301.

27. Change Orders for Project No. WA1301:
a. No. 19 for an increase of $163,236.00 for the general construction contract.
b. No. 17 for an increase of $29,422.00 for the mechanical construction contract.

28. Change Order No. 1 for an increase of $23,631.00 for Project No. WA1510.

29. Sole Source Procurement with Integrated Process Solutions for a raw water quality panel (Project No. WA1851).

30. Bills in the amount of $12,322,709.15.

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

Change Order No. 2 for Improvement District No. BR-18-E1 Approved:
Commissioner Grindberg moved approval of Change Order No. 2 for an increase of $15,600.00 for Improvement District No. BR-18-E1.

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

Final Balancing Change Order No. 3 for Improvement District No. BN-17-H1 Approved:
Commissioner Grindberg moved approval of Final Balancing Change Order No. 3 for an increase of $5,371.28 for Improvement District No. BN-17-H1.

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

Consulting Engineering Services Contract to Apex Engineering Group for Improvement District No. BN-20-A0 Approved:
The Board received a Report of Action from the Consultant Selection Committee regarding Consulting Engineering Services for Environmental Clearance and Preliminary Design for a Street Reconstruction Project on North University Drive from 32nd to 40th Avenue North. The Selection Committee said it evaluated proposals based on criteria outlined within the Request for Proposals (RFP) and selected Apex Engineering Group as the preferred firm for the project. They said the cost for the work is estimated to be $183,000.00.
Commissioner Grindberg moved the contract with Apex Engineering Group for consulting engineering services associated with Improvement District No. BN-20-A0 be approved.

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

No Protests Received for Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Site Grading, Street Lighting and Incidentals Improvement District No. BN-18-F2:
The Statutory Resolution of Necessity for the construction of Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Site Grading, Street Lighting and Incidentals Improvement District No. BN-18-F2 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on June 25 and July 2, 2018 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Grindberg 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, Site Grading, Street Lighting and Incidentals Improvement District No. BN-18-F2.

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

Bids Received for Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Site Grading, Street Lighting and Incidentals Improvement District No. BN-18-F2:
The bids for Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Site Grading, Street Lighting and Incidentals Improvement District No. BN-18-F2 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., Wednesday, August 22, 2018 and the bids were found to be as follows:

Northern Improvement Company Fargo, ND
Bid: $1,828,498.38

Fox Underground, Inc. Fargo, ND
Bid: $1,846,565.80

Dakota Underground Company, Inc.Fargo, ND
Bid: $1,852,144.24

Dirt Dynamics, LLC Fargo, ND
Bid: $1,861,424.95

RL Larson Excavating, Inc. St. Cloud, MN
Bid: $1,948,065.24

KPH, Inc. Fargo, ND
Bid: $2,025,956.73

Ryan Contracting Company Elko, MN
Bid: $2,060,198.25

CC Steel, LLC Fargo, ND
Bid: $2,322,995.79

Contract for Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Site Grading, Street Lighting and Incidentals Improvement District No. BN-18-F2 Awarded to Northern Improvement Company in the Amount of $1,828,498.38:
Commissioner Grindberg 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, Site Grading, Street Lighting and Incidentals Improvement District No. BN-18-F2; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received August 22, 2018 for Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Site Grading, Street Lighting and Incidentals Improvement District No. BN-18-F2 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, Site Grading, Street Lighting and Incidentals Improvement District No. BN-18-F2 shows the bid of Northern Improvement Company of Fargo, North Dakota, in the sum of $1,828,498.38 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Northern Improvement Company in the sum of $1,828,498.38 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, Site Grading, Street Lighting and Incidentals Improvement District No. BN-18-F2 in the City of Fargo, North Dakota, be and the same is hereby awarded to Northern Improvement Company for the sum of $1,828,498.38, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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

Sanitary Sewer, Water Main, Storm Sewer and Incidentals Improvement District No. UN-18-B (Various Locations in South Fargo):
Commissioner Grindberg moved the following action be taken in connection with Sanitary Sewer, Water Main, Storm Sewer and Incidentals Improvement District No. UN-18-B:

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

On 23th Avenue South from 38th Street South to 42nd Street South. On 41st Street South from 200’ north of 23rd Avenue South to 24th Avenue South.

COMPRISING:
Lots 3, Block 1.

Platted in Interstate Business Park Addition.

All the unplatted land located in the Northeast quarter of Section 22, Township 139 N, Range 49 W.

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 and Incidentals Improvement District No. UN-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. UN-18-B:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. UN-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 $1,079,528.62.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. UN-18-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. UN-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. UN-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.

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

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

Contract for Storm Sewer, P.C. Concrete Paving, Street Lights and Incidentals Improvement District No. BN-18-K1 Approved:
Commissioner Grindberg moved approval of the Contract between the City of Fargo and Fox Underground, Inc. for Storm Sewer, P.C. Concrete Paving, Street Lights and Incidentals Improvement District No. BN-18-K1 in the City of Fargo, North Dakota.

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

Contract Bond for Storm Sewer, P.C. Concrete Paving, Street Lights and Incidentals Improvement District No. BN-18-K1 Approved:
Commissioner Grindberg moved approval of the following described Contract Bond as to sufficiency:
Westchester Fire Insurance Company, in the amount of $302,391.31, for Storm Sewer, P.C. Concrete Paving, Street Lights and Incidentals Improvement District No. BN-18-K1 in the City of Fargo, North Dakota.

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

Contract for Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter Asphalt Pavement, Lighting and Incidentals Improvement District No. BN-18-L1 Approved:
Commissioner Grindberg moved approval of the Contract between the City of Fargo and Dirt Dynamics, LLC for Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter Asphalt Pavement, Lighting and Incidentals Improvement District No. BN-18-L1 in the City of Fargo, North Dakota.

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

Contract Bond for Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter Asphalt Pavement, Lighting and Incidentals Improvement District No. BN-18-L1 Approved:
Commissioner Grindberg moved approval of the following described Contract Bond as to sufficiency:
RLI Insurance Company, in the amount of $548,021.61, for Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter Asphalt Pavement, Lighting and Incidentals Improvement District No. BN-18-L1 in the City of Fargo, North Dakota.

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

Desi Fleming Appointed Fargo Cass Public Health Director:
The Board received a communication from City Administrator Bruce Grubb stating the City recently advertised and accepted applications for the position of Fargo Cass Public Health Director. He said 24 applications were received and ranked by a selection committee and based on the application rankings, five preferred applicants were interviewed. Based on the results of the five initial interviews, he said, three candidates were selected for advancement to a second round of interviews conducted with the Mayor, City Administrator and Assistant City Administrator. Based on the results of the second interviews, he said, it is the recommendation that Desi Fleming be appointed to the position of Fargo Cass Public Health Director.
Commissioner Strand moved Desi Fleming be appointed Fargo Cass Public Health Director.

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

Validity and Sufficiency of Petitions to Amend the Home Rule Charter to Elect City Officials By Approval Voting Received and Filed:
The Board received a communication from City Auditor Steve Sprague submitting suggested ballot wording for the proposed Home Rule Charter Amendment to elect city officials by approval voting. He said 1,954 signatures were submitted on July 31, 2018 and after review, the Auditor’s office determined 1,923 signatures were valid to be included in the verification process. He said the Home Rule Charter requires valid signatures totaling 15 percent of those voting for the Mayor in the most recent election and that total number would be 1,349. He said using a postcard method of validation, the Auditor’s office validated 48 percent of the required number and determined the validity and sufficiency of the signatures on the petitions to amend the Home Rule Charter and certifies the petitions as valid.
Commissioner Gehrig moved to the validity and sufficiency of the petitions be received and filed.

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

Evelyn Telford Appointed to the Board of Health:
The Board received a communication from Mayor Mahoney recommending that Evelyn Telford be appointed to the Board of Health.
Commissioner Strand moved Evelyn Telford be appointed to the Board of Health for a three-year term ending December 31, 2021.

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

Contract for Project No. WW1701 Awarded to PKG Contracting and Task Order Nos. 21 and 22 for Project No. WW1701 Approved:
The Board received a communication from Wastewater Utility Director Jim Hausauer recommending the contract for Project No. WW1701 be awarded to PKG Contracting in the amount of $22,329,600.00. He said the project is broken down into a series of phases. He said the original facility was built in 1934 and has gone through a series of expansions over the years. He said the plant currently has a hydraulic rating of 15 million gallons per day (mgd) and the plant’s current organic rating, which is measured in pounds per day, will reach capacity in 2019. He said satellite sites were evaluated as possibilities for expansion; however, all sites were cost prohibitive. He said the existing site expansion benefits include utilizing the existing investment, keeping staff at one location and having one discharge point. He said at the existing site, the geotechnical questions have been answered and the project is ready to move forward. He said with new technology, the plant can expand to a hydraulic rating of 55 mgd and serve a population of 500,000. One of the key component in Phase IIA, he said, is the centrifuge, which will take care of the short-term organic capacity for Fargo and West Fargo. He said Phase IIB is the full expansion, which will be completed in 2021. He said there is going to be a large investment in odor control, which will exceed industry standards and if there are any stricter regulations in the future, the plant will be ready. He said the footprint of the existing plant will not change much. He said there will be some new structures and others will be rehabilitated. He said the project is being funded through the Clean Water State Revolving Fund (CWSRF) at a 2 percent interest rate for 30 years. He said loan payments will be rate-funded. He said Fargo’s wastewater rate is $16.50 per household, compared to Bismarck at $33.00, Omaha at $58.00 and Detroit Lakes at $65.00. He said PKG Contracting and Apex Engineering were selected via RFPs.
Commissioner Gehrig moved the Contract for Project No. WW1701 be Awarded to PKG Contracting in the amount of $22,329,600.00 and Task Order Nos. 21 and 22 with Apex Engineering in the amounts of $1,701,375.00 and $8,900,722.00, respectively, for Project No. WW1701 be approved.

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

Parcels of Land in Champions Gate at Prairie Farms Addition Rezoned (5501, 5535, 5565, 5601, 5643, 5684 and 5757 31st Street South):
At a Hearing held on June 5, 2018 the Fargo Planning Commission recommended approval of a change in zoning from SR-1, Single-Dwelling Residential to SR-3, Single-Dwelling Residential.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said the zoning change will create a higher density development and will include attached housing. He said a separate frontage-type road will be built behind the homes in the development and will be dedicated to those homes so there are no driveways coming out onto 31st Street South. He said there is also a Homeowners Association in the development.
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

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

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

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

Resolution Adopted Approving Champions Gate at Prairie Farms Addition:
Commissioner Grindberg offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Champions Gate at Prairie Farms Addition” containing 25 Lots, 1 Block and 8.16 acres of land more or less, located at 5501, 5535, 5565, 5601, 5643, 5684 and 5757 31st Street South; and
WHEREAS, A Hearing was held June 5, 2018 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on August 13 and 20, 2018 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., August 27, 2018 at which time said Plat would be considered and all interested persons would be heard.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “Champions Gate at Prairie Farms Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

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

Renaissance Zone Project for True Grit, ND Inc. Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for True Grit, ND Inc. for a business leasing property as part of a zone project at 1100 Northern Pacific Avenue North.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.
The Board received a communication from Assistant Planner Barrett Voigt stating the Renaissance Zone Law states “a business that purchases or leases property as part of a zone project is exempt from income tax for five taxable years beginning in the year of the investment or lease for income derived from the business locations within the zone.” He said the Fargo Renaissance Zone Development Plan further states “Tenant must be leasing space in a building that has been approved as a zone project to be eligible for consideration.” He stated the Renaissance Zone Authority felt that lease projects such as the application from True Grit, ND Inc. would generally be straightforward and could be advanced to the City Commission following staff review and would generally not require direct Authority action. He said staff review found the applicant has met the aforementioned requirements. He said the project addresses the business retention and expansion goals stated in the Renaissance Zone Development Plan.
Commissioner Strand moved the Renaissance Zone application filed by True Grit, ND Inc. for a lease project located at 1100 Northern Pacific Avenue North be approved and the income tax exemptions be granted as recommended by the Renaissance Zone Authority.

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

Special Assessments for Maintenance of the Skyway System Approved:
A Hearing had been set for this day and hour on special assessments for maintenance of the Skyway System in the City of Fargo, North Dakota.
No appeals have been filed in writing against any item appearing on such special assessment list and no person is present at this Hearing to appeal or offer any objection thereto.
City Auditor Steve Sprague said the City Commission annually approves the assessment to the properties connected to the Skyway System. He said the assessments pay for cleaning and maintenance, and notices have been sent to property owners. He said the assessment usually runs about $80,000.00 each year; however, every couple of years they are a bit higher to cover major projects such as replacing HVAC systems.
In response to a question from Commissioner Gehrig asking if there had been any push back from Skyway System tenants about the specials, Mr. Sprague said the tenants are accustomed to the specials and the only time he gets questions is when a new tenant moves in and they contact his office to inquire about the process and what projects are funded.
In response to a question from Commissioner Piepkorn asking if the new City Hall will be connected to the Skyway System, City Administrator Bruce Grubb said there is a knock out area on the west side of the new City Hall where the Skyway System can eventually be attached; however, several things have to happen before planning for the Skyway System to the new City Hall can be addressed, including the demolition of the old City Hall, the plaza and any future plans regarding the Civic Center.
Commissioner Piepkorn moved that the special assessments for maintenance of the Skyway System be and the same is hereby approved and confirmed and ordered filed in the office of the City Auditor and that the City Auditor's Office be instructed to proceed to collect the assessments in the manner provided by law.

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

Application Filed by Pixeled Brewing Co. d/b/a Pixeled Brewing Co. for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Pixeled Brewing Co. d/b/a Pixeled Brewing Co. for a Class "Y" Alcoholic Beverage License at 1100 NP Avenue, Suite 101, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said the “Y” license is for a brewery and taproom and allows the business to serve the beer produced on site.
Commissioner Piepkorn moved the application be approved.

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

Application Filed by Gorkha Palace d/b/a Gorkha Palace for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Gorkha Palace d/b/a Gorkha Palace for a Class “GH” Alcoholic Beverage License at 1000 45th Street South, Suite 300A, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said the “GH” license is for beer and wine and food sales have to exceed liquor sales.
In response to a question from Commissioner Gehrig regarding the cost of the “GH” license versus the cost of a “FA” license, Mr. Sprague said an “FA” license is $100,000.00 and the fee for “GH,” which is a beer and wine license with no bar, is $1,500.00.
Commissioner Gehrig said the price for the “GH” license makes it more attainable for businesses and he wanted the price information made public.
Commissioner Gehrig moved the application be approved.

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

Application Filed by Taco Trompo d/b/a Taco Trompo for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Taco Trompo d/b/a Taco Trompo for a Class “H” Alcoholic Beverage License at 4265 45th Street South, Suite 113, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said the Class “H” license is for beer only and the cost of the license is $700.00.
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.

Hearing on an Application Filed by Enclave Development LLC for Payment in Lieu of Tax Exemption (PILOT) Continued to September 10, 2018:
A Hearing had been set for this day and hour on an application filed by Enclave Development for payment in lieu of property tax exemption for a project at 312 11th Street North, which the applicant will use in operation of 60 to 75 housing units and amenity space.
Commissioner Gehrig moved that the Hearing be continued to 5:15 o’clock p.m., Monday, September 10, 2018.

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

First Reading of Ordinances Relating to Alcoholic Beverages and Classification of Ordinance Violations (Moved from the Consent Agenda):
Assistant City Attorney Nancy Morris said she found some inconsistencies in the alcoholic beverage ordinances as they pertain to State law. She said for example, the open container charge according to North Dakota State law provides for an exception for taxicabs and chauffeured vehicles. She said the other change for an open container charge was requested by Police Chief David Todd, asking that it be decriminalized and categorized similar to the charge of public urination, which is a $100.00 fine. She said the status of an open container ticket can change and be escalated if someone does not pay the fine and at that point it can become a criminal offense.
Commissioner Piepkorn said those changes should make things easier for law enforcement. He said as he was reviewing the Ordinance items on the agenda, the traffic ordinances jumped out at him. He said Fargo speeding fines are low and what surprised him most was the fact that traffic violations for bicycles are only $5.00. He said he would like bicycle violations to be similar to other vehicles such as motorcycles and Mopeds.
In response to a question from Commissioner Piepkorn asking what would be the process for bicycle violation fines to change, Ms. Morris said North Dakota Century Code does allow bicycle charges to be similar to other traffic violations; however, a person does not lose points on their driver’s license. She said under Fargo ordinances, $5.00 is the fine for all offenses while on a bicycle, such as running a red light or stop sign, crossing against the light, etc. She said those violations are $20.00 in a vehicle.
Commissioner Piepkorn said for Fargo police officers to write $5.00 tickets is ridiculous and it is no surprise that bicyclists do not follow traffic laws if they only have $5.00 fines.
Ms. Morris said she will meet with Chief Todd and come back to the Board at a later date to make recommendations regarding bicycle traffic violations.
Commissioner Piepkorn moved the Ordinance Amending Section 25-1513, of Article 24-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages and the Ordinance Amending Section 01-0305, of Chapter 01 of the Fargo Municipal Code Relating to Classification of Ordinance Violations be placed on first reading.

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

Agreement for the Joint Operation of Red River Valley Unmanned Aircraft Systems Team with the Fargo Police Department, Cass County Sheriff’s Office, the West Fargo Fire and Police Departments Approved (Moved from the Consent Agenda):
The Board received a communication from Fire Chief Steve Dirksen stating that the Fire Department received a drone about a year ago and he said knowing there would be other public safety uses for the drone, the Fire Department reached out to other public safety agencies to determine interest in forming a multidisciplinary team. He said there was interest by all agencies contacted to participate and an agreement for joint operation and training was developed. He said there are many regulations with drones from the Federal Aviation Administration and the departments are working through the waivers to make it easier to fly the drone in the City limits. He said the equipment they have is not top of the line; however, it does have a camera, live feed and thermal imaging. He said as technology changes and more pilots are trained it may be a budgeting item, in the future, to purchase higher quality drones and receive more training as it is a very good tool for public safety.
Commissioner Grindberg moved the Agreement for the Joint Operation of the Red River Valley Unmanned Aircraft Systems Team with the Fargo Police Department, Cass County Sheriff’s Office and the West Fargo Fire and Police Departments be approved.

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

Commissioner Grindberg shared an information sheet with the Board regarding the State Buckets and Legacy Fund. He said using an assumption that the price of a barrel of oil is $52.50 and 1,200,000 barrels of oil are produced per day, the chart showed the proposed amounts in each fund, including $115 million in a municipal infrastructure fund which would be allocated to cities throughout the state, with the possibility of $25 million for Fargo. He said it all depends on what the Legislature approves at the next session.

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, September 10, 2018.

Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 5:49 o’clock p.m.