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Board of City Commissioners - June 4, 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, June 4, 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: June 7th marks the 125th anniversary of the Great Fargo Fire; Fargo Cass Public Health Emergency Preparedness and Response Division will conduct Community Emergency Response Team training beginning June 6th; the Libraries Rock! summer reading program has started; the Library will participate in the weekly Party in the Parks events; WalletHub has ranked North Dakota as the Best State to be a Cop; as part of the wellness initiative at the Police Department, Scott Normandin has worked with a program and survey to help prevent suicide; and the Mayor proclaimed July 11, 2018 as Mark Bittner Day in the City of Fargo.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Gehrig moved that the Minutes of the Regular Meeting of the Board held on May 21, 2018 be approved as read.
Second by Grindberg. 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 an Ordinance Amending Sections 25-3001, 25-3002 and 25-3006, and repealing sections 25-3003 and 25-3004 of Article 25-30 of Chapter 25 of the Fargo Municipal Code Relating to Alarm Systems.

2. Site Authorizations for Games of Chance:
a. North Dakota Association for the Disabled, Inc. at Bulldog Tap, O’Kelly’s, Shotgun Sally’s Rock N Roll Saloon and Hennessy’s Irish Pub.
b. Prairie Public Broadcasting, Inc. at Dempsey’s and Tailgators.
c. Boys and Girls Club of the Red River Valley at Red River Lanes and Pickled Parrot.
d. Horse Race North Dakota at Herd and Horns, Chub’s Pub, Labby’s Bar and Grill and Sickies Garage.
e. Sharehouse, Inc. at Rick’s Bar and Grill, Woody’s, The Round Up Saloon, Bismarck Tavern and Alibi’s/Baymont.
f. Special Olympics North Dakota at Rooters Bar.
g. West Fargo Hockey Association at Fort Noks.

3. Applications for Games of Chance:
a. Fargo Lions Club for a calendar sports pool from 9/10/18 to 12/24/18.
b. River Keepers for a raffle on 6/18/18.
c. Henrik Westerholm Benefit for a raffle on 6/22/18; Public Spirited Resolution.
d. TNT Kid’s Fitness for a raffle on 7/6/18.

4. Tax exemptions for improvements made to buildings:
a. Brandyn J. and Kimberley A. Sauer, 1313 17th Street South (3 year).
b. Joseph and Jaime Foertsch, 104 Prairiewood Drive South (3 year).
c. Kjera Properties I LLC, 1416 1st Avenue South (5 year).
d. Kjera Properties III LLC, 820 12th Street South (5 year).
e. Kjera Properties III LLC, 1012 8th Avenue South (5 year).

5. Request for Proposal for Parking Services.

6. Request for Proposal for Merchant Credit Card Processing.

7. Waiver, Release and Access Agreement between the Fire Department and Police Department of the City of Fargo and Northern States Power Company.

8. Vehicle lease agreement with CapFirst Equipment Finance.

9. Notice of Grant Award with the ND Department of Health for Public Health Emergency Preparedness/Emergency Preparedness and Response Statewide Management Team (CFDA #93.074).

10. Notice of Grant Award with the ND Department of Health for Public Health Emergency Preparedness All Hazards Allocation (CFDA #93.074).

11. Notice of Grant Award with the ND Department of Health for the Public Health Emergency Preparedness City Readiness Initiative (CFDA #93.074).

12. Addendum Contract Agreement with AE2S to provide marketing and communication for the breastfeeding initiatives.

13. Updates to Drug and Alcohol Policies (400-008 and 400-008B).

14. Sole Source Procurement and Contract for Natural Resources Management Research for The Fargo Project (SSP No. 18184).

15. Resolution Approving Plat of Valley View Eighth Addition (Attachment “A”).

16. Summer 2018 Food Truck Pilot Program to operate between July 14, 2018 and October 27, 2018.

17. Reciprocal Easement Agreement with HomeField LLLP, HomeField 2, LLLP and Beyond Shelter, Inc.

18. 2018 Community Development Block Grant and HOME Partnership funds allocation from the US Department of Housing and Urban Development.

19. 15-Minute Parking for three parking spaces in front of the Radisson Hotel.

20. Sole Source Procurement for the purchase of a Leica Geosystems ScanStation PS30 (SSP No. 18183).

21. Request for an extended leave of absence for Oscar Tronnes.

22.Change orders for the City Hall Project:
a. No. 22 for an increase of $4,064.00 for the general construction contract.
b. No. 23 for an increase of $7,833.00 for the general construction contract.
c. No. 24 for an increase of $23,119.00 for the general construction contract.

23. Cost Share Agreement with the Fargo Park District for Shared Use Path (Project No. MP-18-A1).
24. Emergency Storm Sewer Spot Repair (25th Avenue South and 26th Street South).
25. Bid awards to Industrial Builders, Inc. in the amount of $3,449,693.90 for Project No. FM-15-K1 and to Master Construction Company, Inc. in the amount of $340,490.00 for Project No. SN-18-B2.
26. Proposed changes to Metro Area Transit Routes 13, 18, 21, 22 and 24.
27. Remediation Coordination and Road Use Agreement with Northern States Power Company.
28. Contract and bond for Project No. SW18-01.
29. Bills in the amount of $7,364,211.36

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

Time Extensions for Improvement District No. BN-17-A1 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) stating that due to design changes and delays, staff is recommending time extensions for the interim, substantial and final completion dates for Improvement District No. BN-17-A1.
Commissioner Grindberg moved approval of time extensions for the interim, substantial and final completion dates to April 29, 2018, August 13, 2018 and September 27, 2018, respectively, for Improvement District No. BN-17-A1.

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

Change Order No. 5 and Time Extension for Improvement District No. BN-17-B1 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) stating that the contractor is seeking a change order for extra work required to remove an existing manhole coating and a 15-day time extension due to unseasonably cold weather, which delayed their startup date.
Commissioner Grindberg moved approval of Change Order No. 5 for an increase of $14,850.00 and a time extension for final completion to August 2, 2018 for Improvement District No. BN-17-B1.

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

No Protests Received for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-H1:
The Statutory Resolution of Necessity for the construction of Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-H1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on April 30 and May 7, 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 Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-H1.

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

Bids Received for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-H1:
The bids for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-H1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., May 30, 2018 and the bids were found to be as follows:
CC Steel, LLC Fargo, ND
Bid: $687,025.00

Master Construction Company, Inc., Fargo, ND
Bid: $718,616.50

Dakota Underground Company, Inc., Fargo, ND
Bid: $797,180.10

KPH, Inc., Fargo, ND
Bid: $838,054.50

Contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-H1 Awarded to CC Steel, LLC in the Amount of $687,025.00:
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 Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-H1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 30, 2018 for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-H1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-H1 shows the bid of CC Steel, LLC of Fargo, North Dakota, in the sum of $687,025.00 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from CC Steel, LLC in the sum of $687,025.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-H1 in the City of Fargo, North Dakota, be and the same is hereby awarded to CC Steel, LLC for the sum of $687,025.00, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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

Contract for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-B1 Approved:
Commissioner Grindberg moved approval of the Contract between the City of Fargo and Dakota Underground Company, Inc. for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-B1 in the City of Fargo, North Dakota.

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

Contract Bond for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-B1 Approved:
Commissioner Grindberg moved approval of the following described Contract Bond as to sufficiency:
United Fire and Casualty Company, in the amount of $1,379,595.60, for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-B1 in the City of Fargo, North Dakota.

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

Contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-G2 Approved:
Commissioner Grindberg moved approval of the Contract between the City of Fargo and Dakota Underground Company, Inc. for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-G2 in the City of Fargo, North Dakota.

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

Contract Bond for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-G2 Approved:
Commissioner Grindberg moved approval of the following described Contract Bond as to sufficiency:
United Fire and Casualty Company, in the amount of $1,512,947.20, for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-G2 in the City of Fargo, North Dakota.

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

Contract for Asphalt Wear Course and Incidentals Improvement District No. PN-18-A1 Approved:
Commissioner Grindberg moved approval of the Contract between the City of Fargo and FM Asphalt for Asphalt Wear Course and Incidentals Improvement District No. PN-18-A1 in the City of Fargo, North Dakota.

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

Contract Bond for Asphalt Wear Course and Incidentals Improvement District No. PN-18-A1 Approved:
Commissioner Grindberg moved approval of the following described Contract Bond as to sufficiency:
Western Surety Company, in the amount of $1,286,492.39, for Asphalt Wear Course and Incidentals Improvement District No. PN-18-A1 in the City of Fargo, North Dakota.

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

Contract for Raised Pedestrian Crossing, Radius Improvements and Incidentals Improvement District No. TN-18-A1 Approved:
Commissioner Grindberg moved approval of the Contract between the City of Fargo and Northern Improvement Company for Raised Pedestrian Crossing, Radius Improvements and Incidentals Improvement District No. TN-18-A1 in the City of Fargo, North Dakota.

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

Contract Bond for Raised Pedestrian Crossing, Radius Improvements and Incidentals Improvement District No. TN-18-A1 Approved:
Commissioner Grindberg moved approval of the following described Contract Bond as to sufficiency:
Western Surety Company, in the amount of $113,940.00, for Raised Pedestrian Crossing, Radius Improvements and Incidentals Improvement District No. TN-18-A1 in the City of Fargo, North Dakota.

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

Communication from Lenny Tweeden Regarding a Minimum Wage Ordinance Received and Filed:
The Board received a communication from Lenny Tweeden requesting to speak with the City Commission in regards to a minimum wage ordinance in the City of Fargo.
Mr. Tweeden said the current minimum wage in Fargo is $7.50. He said Congress has not addressed the minimum wage for more than 10 years and 29 states and countless cities have enacted higher minimum wages. He said his proposal would increase the minimum wage in Fargo to $10.00 an hour beginning September 1st and then the minimum wage would rise 50 cents an hour yearly until September 2022 when the minimum wage would be $12.00 an hour.
Commissioner Strand thanked Mr. Tweeden for bringing this important topic to the attention of the Board and for being an advocate for the citizens. He said low wages are a concern and the City and Community Development Committee will examine what can be done locally and look into the pros and cons of such a decision. He said some states are preempting similar moves by other cities and that he would not be surprised if North Dakota challenged any attempt by Fargo to raise the minimum wage.
Commissioner Piepkorn said that, unfortunately, there are unintended consequences to raising the minimum wage, for example in Minneapolis and in Seattle, servers are losing their jobs and are not making as much money.
Commissioner Piepkorn moved the communication from Lenny Tweeden regarding a minimum wage ordinance be received and filed.

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

Parcels of Land in Valley View 4th Addition Rezoned (3651 56th Street South):
At a Hearing held on May 1, 2018 the Fargo Planning Commission recommended approval of a change in zoning from MR-1, Multi-Dwelling Residential to SR-5, 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 applicant is requesting the zoning change to SR-5 in order to build attached houses and have flexibility with setbacks.
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 Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Gehrig, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

First Reading of an Ordinance Rezoning a Certain Parcel of Land Lying in Valley View 4th 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 a Certain Parcel of Land Lying in Valley View 4th Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Parcels of Land in Ohmer’s Addition Rezoned (1401, 1407, 1409, 1413 and 1415 8th Street North and 1402, 1406, 1410, 1412, 1414 and 1420 7th Street North):
At a Hearing held on May 1, 2018 the Fargo Planning Commission recommended approval of a change in zoning from SR-3, Single-Dwelling Residential to P/I, Public and Institutional with a C-O, Conditional Overlay.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said the applicant is Holy Spirit Catholic Church and School and they are proposing a zone change in order to place a sign on their property, which would not conform with the current zoning district or the City’s sign code. He said the applicant is proposing a sign that will be 24 square feet in area.
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 Lying in Ohmer’s Addition, City of Fargo, Cass County, North Dakota:
Commissioner Grindberg moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in Ohmer’s Addition, 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.

Parcels of Land in Simonson First Addition Rezoned (3825 53rd Avenue South):
At a Hearing held on February 6, 2018 the Fargo Planning Commission recommended approval of a change in zoning to repeal and re-establish a new C-O, Conditional Overlay.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said the applicant is proposing a minor subdivision and a zoning map amendment to accommodate for two future developments. He said the applicant also proposes additional modifications to the C-O language to remove landscape requirements, sign requirements, 20 percent parking maximum requirement and the gas station canopy-foot candle illumination requirements.
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by 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 Repealing and Re-Establishing a Conditional Overlay District on Certain Parcels of Land Lying in Simonson First Addition, 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 Repealing and Re-Establishing a Conditional Overlay District on Certain Parcels of Land Lying in Simonson First Addition, 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 Simonson First 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 “Simonson First Addition” containing 2 Lots, 1 Block and 3.28 acres of land more or less, located at 3828 53rd Avenue South; and
WHEREAS, A Hearing was held February 6, 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 May 21 and 28, 2018 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., June 4, 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 “Simonson First 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.

Main Avenue Street Reconstruction Design Options Approved:
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) stating they discussed design options for the Main Avenue Street Reconstruction slated for 2019 and the Committee voted to recommend Alternative E – 5-4-3 Hybrid as the preferred alternative, and the Sub-Alternatives selected were SA 2 - 8th Street Westbound Right Turn; SA 3 – Broadway Westbound Right Turn Lane; or SA 4 – 2nd Street Drop Lane.
Transportation Division Engineer Jeremy Gorden shared a PowerPoint presentation outlining the design alternatives for the Main Avenue project. He said the E – 5-4-3 Hybrid plan starts with three lanes on Main Avenue at Second Street North and gradually expands to five lanes before intersecting with University Drive on the west side of the project. He said with any North Dakota Department of Transportation (NDDOT) project, a purpose and needs statement is required. He said the purpose and needs of the project are to create opportunity for an active and comfortable environment for pedestrians, correct any Americans with Disabilities Act deficiencies, provide an efficient transportation corridor, replace multiple layers of worn out infrastructure, encourage business activity reinvestment and development and serve as one of three Downtown corridors to connect Moorhead. He said MetroCOG did an origin destination study, which showed the vast majority of people driving on Main Avenue are local and there are very few regional trips going from west to east through Downtown. He said he has never been involved in a street project of this scale and complexity; however, he is very proud of the final design from the Engineering Department and the NDDOT.
In response to a question from Commissioner Piepkorn asking about concerns with snow removal, Mr. Gorden said those concerns have been resolved with Public Works.
In response to a question from Commissioner Grindberg asking about traffic surveillance systems, Mr. Gordon said there is a current proposal asking for signal vendors to propose new systems. He said the City is using an outdated product and is seeking responsive, adaptive, new technology to replace what is in now installed citywide. He said computers at each intersection will be upgraded and in the new Main Avenue corridor, additional detection can be installed to make sure it as advanced as it can be due to railroad issues, reduced lanes and various traffic levels throughout the day. He said the NDDOT will participate in all of the costs involved with the project.
Commissioner Piepkorn said the expected 30-year economic impact of the preferred hybrid alternative is more than $46 million and that is exciting. He said with five lanes, people do not feel safe crossing that many lanes and by changing this area of Main Avenue, the City can hopefully duplicate Broadway.
Commissioner Gehrig said Main Avenue is a highway and if a truck stops to offload, people will have to wait. He said it is a cool concept; however, this is the first time the economic impact has been discussed and who knows for sure what the economic impact will be. He said according to this presentation, there is going to be redevelopment of McDonalds and he is sure McDonalds is going to be surprised that they are up for sale. He said if the City slows traffic to Downtown, people will get frustrated and they will not go Downtown. He said the walkway takes away a turn lane and cars are known to run in to walkways, there is going to be snow on the road and other obstructions. He said first and foremost, this is a road and people will want to drive on it.
Mr. Gorden said the Highway Director of the NDDOT and the Federal Highway Department have the final say on the alternatives.
In response to a question from Commissioner Strand asking about the timeline of the project, Mr. Gorden said final design plans will be done by the end of November 2018 and bids will happen in February or March of 2019, with construction starting in 2019.
In response to a call by the Mayor for a motion, Commissioner Gehrig asked that the range of options for the project be split.

Commissioner Strand moved Alternative E – 5-4-3 Hybrid as the Preferred Alternative for the Main Avenue Reconstruction Project Improvement District No. BR-18-A1 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.

Commissioner Strand moved Sub-Alternatives 2, 3 and 4 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.

Commissioner Strand moved Options 1, 2, 4, 5, 6a and 6b 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 Strand moved the Limited and Modified Option 3 Regarding Pedestrian Crossings and Landscaped Medians, excluding the 7th Street Intersection, 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.

Second Reading and Final Adoption of an Ordinance Amending Section 25-1509.2, of Article 26-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages:
Assistant City Attorney Nancy Morris said this ordinance is to address that there is no longer a need for a corroborating witness for overserving at a liquor establishment.
In response to a question from Commissioner Strand, asking if there had been any objections from the members of the liquor industry, Ms. Morris said there have been no objections brought to her attention nor has there been any objections voiced to the Liquor Control Board.
Commissioner Piepkorn moved that the proposed Ordinance Amending Section 25-1509.2, of Article 26-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages which was placed on its first reading May 21, 2018 be now placed on its second reading and a vote taken on the question of its final passage and adoption.

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.
There was unanimous consent to waive reading of the Ordinance in its entirety and no one was present to request that the Ordinance be read.
On the vote being taken on the question of the final passage and adoption of the Ordinance, Commissioners Piepkorn, Gehrig, Strand, Grindberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Ordinance was duly passed and adopted.

First Reading of an Ordinance Amending Sections 25-1506, 25-1507, 25-1508 and 25-1509.1, of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages:
Assistant City Attorney Nancy Morris said this Ordinance will allow the Downtown Community Partnership (DCP) to apply for a permit for the Downtown Street Fair and other events under certain circumstances where alcohol would be allowed in a designated event space.
Commissioner Gehrig said he does not support the Ordinance because it is specific to the DCP. He said he was hoping the Ordinance would allow other community groups to apply for a permit and it did not happen.
Commissioner Piepkorn moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Amending Sections 25-1506, 25-1507, 25-1508 and 25-1509.1, of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages be received and filed and placed on first reading.

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

Michael Wild Appointed to the Board of Appeals:
The Board received a communication from Mayor Mahoney recommending that Michael Wild be appointed to the Board of Appeals to replace Harold Thompsen who is no longer willing to serve.
Commissioner Strand moved Michael Wild be appointed to the Board of Appeals for a five-year term ending June 30, 2023.

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.

Deborah Wendel Daub and Michael Love Reappointed to the Board of Adjustment:
The Board received a communication from Mayor Mahoney recommending that Deborah Wendel Daub and Michael Love be reappointed to the Board of Adjustment.
Commissioner Strand moved Deborah Wendel Daub and Michael Love be reappointed to the Board of Adjustment for three-year terms ending June 30, 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.

Jane Pettinger Reappointed to the Civil Service Commission:
The Board received a communication from Mayor Mahoney recommending that Jane Pettinger be reappointed to the Civil Service Commission.
Commissioner Strand moved Jane Pettinger be reappointed to the Civil Service Commission for a three-year term ending June 30, 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.

Daniel Dunn Reappointed to the Special Assessment Commission:
The Board received a communication from Mayor Mahoney recommending that Daniel Dunn be reappointed to the Special Assessment Commission.
Commissioner Strand moved Daniel Dunn be reappointed to the Special Assessment Commission for a three-year term ending July 1, 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.

Guy Fox and Sharon White Bear Reappointed to the Native American Commission:
The Board received a communication from Mayor Mahoney recommending that Guy Fox and Sharon White Bear be reappointed to the Native American Commission.
Commissioner Strand moved Guy Fox and Sharon White Bear be reappointed to the Native American Commission for a three-year terms ending June 30, 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.

Appointments to the Arts and Culture Commission:
The Board received a communication from Mayor Mahoney recommending that Joe Williams and Denise Kolpack be appointed to the Arts and Culture Commission for three-year terms, and Tracy Walvatne be appointed to fill an unexpired term. The Mayor also recommends that Jon Offut be reappointed to a three-year term.
Commissioner Strand moved Joe Williams and Denise Kolpack be appointed for three-year terms ending June 1, 2021, Tracy Walvante be appointed to fill the unexpired term of David Bertolini expiring on June 1, 2019 and Jon Offut be reappointed to a three-year term ending June 1, 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.

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 $476,342.00 for cost reimbursement for the FM Area Flood Risk Management Project for April 2018. He said the request is for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project.
Commissioner Grindberg moved the cost reimbursement request in the amount of $476,342.00 for the FM Diversion Flood Project for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project be approved.

Second by 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.

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 $43,032.00 for cost reimbursement for the FM Area Flood Risk Management Project for April 2018. He said the request is for expenses related to projects in the Oxbow/Hickson/Bakke component of the project.
Commissioner Strand moved the cost reimbursement request in the amount of $43,032.00 for the FM Diversion Flood Project for expenses related to projects in the Oxbow/Hickson/Bakke component of the project be approved.

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

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, June 18, 2018.

Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 5:59 o’clock p.m.