Board of City Commissioners - March 12, 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, March 12, 2018.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Strand, Mahoney.
Absent: Piepkorn.
Mayor Mahoney presiding.

The Mayor read a statement with the following information: Former North Dakota Governor George Sinner died earlier this week and Mr. Sinner was a servant to the state, a very interesting man and he will be missed; Fargo Cass Public Health (FCPH) reported the annual school immunization assessment by the North Dakota Department of Health shows North Dakota’s kindergarten immunization rates have remained at about 94 percent; through the federal State Targeted Response to the Opioid Crisis grant, FCPH assisted 114 people in seeking treatment for opioid use disorder; the Library’s “Design-a-Bookmark” Contest runs through March 31st; the Library will host story time sessions for preschoolers and classes on making bath fizzies, loofa soap, hypertufa pots and beginning yoga; Transit’s TapRide on-demand service on the North Dakota State University campus has been well received and is completing an average of 13 rides per hour; the MATBUS iGoEco Challenge begins March 19th and will run for five weeks; and Standard and Poor’s Corporation has upgraded Fargo’s existing bond ratings on various bond issues from AA- to AA, a one-notch increase, which is good news as Fargo continues to market high quality bonds for infrastructure and other projects.

Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved.
Second by Gehrig. All the Commissioners present 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 February 26, 2018 be approved as read.
Second by Gehrig. All the Commissioners present voted aye and the motion was declared carried.

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

1. 1st reading of the following Ordinances:
a. Amending Section 25-1509, of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages.
b. Amending Section 18-0202, of Article 18-02 of Chapter 18 of the Fargo Municipal Code Relating to Public Ways and Places.

2. 2nd reading, waive reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Rocking Horse Farm 5th Addition to the City of Fargo, Cass County, North Dakota.

3. Purchase Agreement for property located at 4021 Copperfield Court South in the amount of $735,000.00.

4. Settlement Agreement and Release with KCB Legacy, LLC.

5. Applications for Games of Chance:
a. The Outdoor Adventure Foundation for a raffle and raffle board on 3/17/18.
b. Fargo Rotary Club for a raffle on 5/23/18.
c. NDSU Lions Club raffle on 4/18/18.
d. El Zagal Holding Company for a raffle on 4/21/18.

6. Tax exemptions for improvements made to buildings:
a. Roger L. II and Jessalyn M. Kish, 2491 Lilac Lane North (5 year).
b. CKD LLC, 1741 13 1/2 St. S. (5 year).
c. Jesse T. and Mykell M. Barnacle, 706 24th Avenue South (5 year).
d. Joan K. Justesen, 134 35th Avenue Northeast (5 year).
e. Bryan L. and Sandra B. Howard, 3213 Longfellow Road North (5 year).
f. Jamie C. and Kristi K. Schreiner, 3024 10th Street North, Unit C15 (5 year).
g. Kimberly M. and Kenneth J. Anderson, 714 19th Avenue South (5 year).
h. John Shea and Jonna Ganje, 805 15th Street South (5 year).
i. Encore Real Estate Solutions LLC, 213 Forest Avenue North (5 year).
j. Joan J. Justesen RLT, 134 35th Avenue Northeast (3 year).

7. Agreement with Sara Mwagura to provide administration and instruction of Child Care Physical Activity Health Code training.

8. Memorandum of Understanding with Essentia Health to develop and implement a community outreach program.

9. Appointment of Assistant Planning Director Mark Williams to the Roberts Commons Condominium Board of Managers.

10. Authorize the Strategic Planning Director to submit applications for the establishment of Opportunity Zones in the City.

11. Acceptance of ND Department of Emergency Services Grant in the amount of $79,344.00 to purchase Avon C50 Air Purifying Respirator Kits for the Police Department (CFDA# 97.067).

12. Bid award to Labor Masters, Heartland Labor, Command Center and People Ready for temporary (day) labor based on workforce availability for the remainder of 2018 at the Landfill, Household Hazardous Waste Facility, various other sites and Clean Up Week (RFP18086).

13.Bid award to Sanitation Products, Northern Truck Equipment Corporation and Olympic Sales for rear load containers based on availability for the remainder of 2018 (RFP18085).

14.Task Order with Wenck Associates, Inc. to provide consultant engineering services for Project SW18-01.

15. Purchase Agreement in the amount of $150,000.00 for property at 1112 7th Avenue North for Project No. WA1709.

16. Change Orders for Project No. WA1301:
a. No. 15 for an increase of $91,395.00 for the general construction contract.
b. No. 13 for an increase of $131,677.54 for the mechanical construction contract.

17. Concur with the Public Works Projects Evaluation Committee and approve the 52nd Avenue South street reconstruction design decisions for Project No. MS-17-A0.

18. Final Balancing Change Order No. 2 in the amount of $522.33 for Project No. TM-17-A1.

19. Bid award to NorthStar Safety in the amount of $417,224.50 for Project No. TM-18-A1.

20. Bid advertisement for Project No. SN-18-B.

21. Bills in the amount of $8,736,666.46.

Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Negative Final Balancing Change Order No. 4 for Improvement District No. BN-16-C1 Approved:
Commissioner Gehrig moved approval of Negative Final Balancing Change Order No. 4 for a decrease of -$46,531.81 for Improvement District No. BN-16-C1.

Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

No Protests Received for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-F1:
The Statutory Resolution of Necessity for the construction of P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-F1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on February 5 and 12, 2018, and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Gehrig moved that the Board declare that no protests have been filed to the construction of P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-F1.

Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Bids Received for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-F1:
The bids for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-F1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., March 7, 2018 and the bids were found to be as follows:

Dirt Dynamics, LLC Fargo, ND
Bid: $58,800.00

Key Contracting, Inc. Fargo, ND
Bid: $63,220.00

Opp Construction, LLC Fargo, ND
Bid: $83,615.00

Paras Contracting, Inc. Fargo, ND
Bid: $86,286.50

Contract for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-F1 Awarded to Dirt Dynamics, LLC in the Amount of $58,800.00:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-F1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received February 5 and 12, 2018 for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-F1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-F1 shows the bid of Dirt Dynamics, LLC of Fargo, North Dakota, in the sum of $58,800.00 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 Dirt Dynamics, LLC in the sum of $58,800.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-F1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dirt Dynamics, LLC for the sum of $58,800.00, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

Second by Grindberg. On the vote being taken on the question of the adoption of the Resolution Commissioners Gehrig, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The Resolution was adopted.

No Protests Received for Grading, P.C.C. Pavement, Storm Sewer, Water Main, Traffic Signals, Street Lighting, Sidewalks and Incidentals Improvement District No. BR-18-C1:
The Statutory Resolution of Necessity for the construction of Grading, P.C.C. Pavement, Storm Sewer, Water Main, Traffic Signals, Street Lighting, Sidewalks and Incidentals Improvement District No. BR-18-C1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on February 5 and 12, 2018 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Gehrig moved that the Board declare that no protests have been filed to the construction of Grading, P.C.C. Pavement, Storm Sewer, Water Main, Traffic Signals, Street Lighting, Sidewalks and Incidentals Improvement District No. BR-18-C1.

Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Bids Received for Grading, P.C.C. Pavement, Storm Sewer, Water Main, Traffic Signals, Street Lighting, Sidewalks and Incidentals Improvement District No. BR-18-C1:
The bids for Grading, P.C.C. Pavement, Storm Sewer, Water Main, Traffic Signals, Street Lighting, Sidewalks and Incidentals Improvement District No. BR-18-C1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., March 7, 2018 and the bids were found to be as follows:

Master Construction Company Fargo, ND
Bid: $8,800,573.25

Northern Improvement Company Fargo, ND
Bid: $9,432,848.89

Dakota Underground Company Fargo, ND
Bid: $10,493,625.51

Contract for Grading, P.C.C. Pavement, Storm Sewer, Water Main, Traffic Signals, Street Lighting, Sidewalks and Incidentals Improvement District No. BR-18-C1 Awarded to Master Construction Company, Inc. in the Amount of $8,800,573.25:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Grading, P.C.C. Pavement, Storm Sewer, Water Main, Traffic Signals, Street Lighting, Sidewalks and Incidentals Improvement District No. BR-18-C1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received March 7, 2018 for Grading, P.C.C. Pavement, Storm Sewer, Water Main, Traffic Signals, Street Lighting, Sidewalks and Incidentals Improvement District No. BR-18-C1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Grading, P.C.C. Pavement, Storm Sewer, Water Main, Traffic Signals, Street Lighting, Sidewalks and Incidentals Improvement District No. BR-18-C1 shows the bid of Master Construction Company, Inc. of Fargo, North Dakota, in the sum of $8,800,573.25 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Master Construction Company, Inc. in the sum of $8,800,573.25 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Grading, P.C.C. Pavement, Storm Sewer, Water Main, Traffic Signals, Street Lighting, Sidewalks and Incidentals Improvement District No. BR-18-C1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Master Construction Company, Inc. for the sum of $8,800,573.25, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

Infrastructure Request for Improvement District No. BN-18-J1 Approved (Rocking Horse Farm 5th Addition):
The Board received a Report of Action from the Public Works Evaluation Committee (PWPEC) regarding a request for infrastructure to service a portion of Rocking Horse Farm 5th Addition. They said the Developer hired Houston Engineering to do the design work to expedite the bidding process. They said the City would publicly bid and manage construction of the project. Staff is recommending approval for the creation of Improvement District BN-18-J1, they said, contingent upon the execution of the Special Assessment Security Agreement and letter of credit.
Commissioner Gehrig moved the infrastructure request for Improvement District No BN-18-J1 be approved.

Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Concrete Pavement Rehabilitation and Incidentals Improvement District No. PR-18-C (25th Street South from 2nd to 12th Avenues South):
Commissioner Gehrig moved the following action be taken in connection with Concrete Pavement Rehabilitation and Incidentals Improvement District No. PR-18-C:

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

On 25th Street South from 306’ south of 12th Avenue South to 2nd Avenue South.

COMPRISING:
All property located within the area bordered:

Bound on west by 36th Street South.
Bound on north by east/west Burlington Northern Santa Fe Railroad and 2nd Avenue South.
Bound on east by 21st Street South and Cass County Drain No. 3.
Bound on south by:
Lots 10 through 13, Block 3.
All in Acme’s Second Addition.

13th Avenue South from 23rd Street to 28th Street.

Lot 6, Block A.
Lot 8, Block B.
All in Morton’s Subdivision.

Lot 3, Block 1, Sisters of Mary Addition.

Lots 2 and 8, Block 2.
Lots 2 and 3, Block 1.
All in Westrac First Addition.

Lot 1, Block 1, Hooters Fargo Addition.

Lots 6, 10 and 11, Block 4, Interstate Park Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Concrete Pavement Rehabilitation and Incidentals Improvement District No. PR-18-C in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. PR-18-C:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PR-18-C in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $1,453,452.00.)

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

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

Adopt Resolution Declaring Concrete Pavement Rehabilitation 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 Concrete Pavement Rehabilitation and Incidentals Improvement District No. PR-18-C in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said Concrete Pavement Rehabilitation and Incidentals improvement is to be paid from Sales Tax and approximately 52% 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 Concrete Pavement Rehabilitation 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. PR-18-C:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. PR-18-C in the City of Fargo, North Dakota.

Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

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

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

On 19th Avenue South from 9th Street to 5th Street, on South Drive South from 9th Street to 7th Street, and on 7th Street South from 18th Avenue to 19th Avenue.

COMPRISING:
Lots 17 through 25, Block 1.
Lot 1, Block 2.
Lots 11 through 17, Block 2.
Lots 9 through 34, Block 3.
Lots 7 through 22, Block 4.
All in Harry A. Schnell Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-J 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-J:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BR-18-J 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 $2,712,445.00.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BR-18-J:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BR-18-J 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-J 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-J 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-J is to be paid from Infrastructure Sales Tax and approximately 51% 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-J:
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-J in the City of Fargo, North Dakota.

Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Lighting and Incidentals Improvement District No. BN-18-J1:
Commissioner Gehrig moved the following action be taken in connection with Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Lighting and Incidentals Improvement District No. BN-18-J1:

Adopt Resolution Creating Improvement District No. BN-18-J1:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BN-18-J1 in the City of Fargo, North Dakota, be created

Bluebell Loop South and Foxtail Lane South between, south of 48th Avenue South and west of Veterans Boulevard South.

COMPRISING:
Lots 1 through 25, Block 1.
Lots 1 through 12, Block 2.
Lots 1 through 11, Block 3.

All platted within Rocking Horse Farm Fifth Addition.

The unplatted land located in the SE 1/4 of Section 32, T139N, R49W.

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, 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 created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. BN-18-J1:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-18-J1 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 $1,624,187.28.)

Order Plans and Specifications for Improvement District No. BN-18-J1:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BN-18-J1 in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-18-J1:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-18-J1 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-J1 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. BN-18-J1:
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-J1 in the City of Fargo, North Dakota.

Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Asphalt Mill and Overlay and Incidentals Improvement District No. PR-18-F (Various Locations in North Fargo):
Commissioner Gehrig moved the following action be taken in connection with Asphalt Mill and Overlay and Incidentals Improvement District No. PR-18-F:

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

LOCATION (Section 1):
On Hickory Street North from 32nd Avenue North to Maple Street North.
On Maple Street North from 32nd Avenue North to 29th Avenue North.
On Par Street North from 32nd Avenue North to Bohnet Boulevard North.
On Bohnet Boulevard North from 32nd Avenue North to Maple Street North.
On Peterson Parkway North from 32nd Avenue North to Maple Street North.

LOCATION (Section 2):
On Edgemont Street North from Forest Avenue North to 29th Avenue North.
On 3rd Street North from 32nd Avenue North to 28th Avenue North.
On Edgewood Drive North from 3rd Street North to 3rd Street North.
On 2nd Street North from 32nd Avenue North to 28th Avenue North.
On 1st Street North from Elm Street North to 28th Avenue North.
On 28th Avenue North from Elm Street North to Broadway North.
On 29th Avenue North from Elm Street North to Broadway North.
On Cedar Avenue North from Elm Street North to 2nd Street North.
On Forest Avenue North from Elm Street North to Broadway North.
On 30th Avenue North from Edgewood Drive North to Broadway North.
On 31st Avenue North from Elm Street North to 2nd Street North.
On 31st Avenue North from 3rd Street North to Broadway North.

LOCATION (Section 3):
On 29th Street North from 7th Avenue North to 11th Avenue North.
On 30th Street North from 7 1/2 Avenue North to 10th Avenue North.
On 31st Street North from 7th Avenue North to 10th Avenue North.
On 32nd Street North from 8th Avenue North to 12th Avenue North.
On 7 1/2 Avenue North from 30th Street North to 31st Street North.
On 8th Avenue North from 28th Street North to 32nd Street North.
On 10th Avenue North from 28th Street North to 32nd Street North.
On 11th Avenue North from 29th Street North to 32nd Street North.
On Madison Avenue North from 29th Street North to 32nd Street North.
On 12th Avenue North from 25th Street North to 29th Street North.

LOCATION (Section 4):
On 1st Street North from 5th Avenue North to 7th Avenue North.
On Oak Street North from 5th Avenue North to 7th Avenue North.
On Elm Street North from 6th Avenue North to North Terrace North.
On Short Street North from South Terrace North to North Terrace North.
On Ash Street North north of South Terrace North.
On 6th Avenue North from 1/2 block west of 1st Street North to Elm Street.
On 7th Avenue North from 1/2 block west of 1st Street North to Elm Street.
On North Terrace North from Elm Street North to Short Street North.
On South Terrace North from Elm Street North to Ash Street North.

COMPRISING (Section 1):
Lots 1 through 8, Block 1.
Lots 1 through 15, Block 2.
Lots 1 through 32, Block 3.
Lots 1 through 27, Block 4.
All in Edgewood Farms Addition.

Lots 2 and 26 through 44, Block 1.
Lots 1 and 5 through 20, Block 2.
Lots 1 through 8, Block 3.
Lots 2 through 5, Block 4.
Lots 1, 2, 3, 6, 7 and 8, Block 5.
All in Longfellow Park Addition.

Lots 1 and 2, Block 1, Staton Addition.

COMPRISING (Section 2):
Lots 1 through 4, Block 1.
Lots 1 through 7, Block 2.
Lots 1 through 13, Block 3.
Lots 1 through 32, Block 4.
Lots 1 through 35, Block 5.
Lots 2 through 21, Block 6.
Lots 1 through 37, Block 7.
Lots 1 through 31, Block 8.
Lots 1 through 22, Block 9.
Lots 1 through 18, Block 10.
Lots 1 through 14, Block 11.
Lots 1 through 11, Block 12.
Lots 1 through 11, Block 13.
All in Edgewood 1st Addition.

Lots 1 through 20, Block 1.
Lots 1 through 10, Block 2.
Block 3.
Block 5.
Lots 1 through 21, Block 6.
Lots 36 through 44, Block 6.
Lots 1 and 6 through 10, Block 7.
Lots 1 through 12, Block 8.
Lots 1 through 16, Block 9.
Lots 1 through 21, Block 10.
All in Edgewood 2nd Addition.

Lots 1 through 3, Block 1.
Lots 8 through 19, Block 1.
Lots 1 through 15, Block 2.
All in Asp Addition.

Lots 1, 2, 3, 4, 6, 7 and 8, Block 1, Trollwood Land Addition.

Lots 5A and 5B, Block 1, Trollwood Land Two Addition.

COMPRISING (Section 3):
Lots 1 and 2, Block 1, Premiere 2nd Addition.

Lots 2 through 7, Block 1.
Lots 11 through 15, Block 1.
Lots 2 through 7, Block 2.
Lots 16 through 21, Block 2.
Lots 2 through 7, Block 3.
Lots 16 through 21, Block 3.
Lots 2 through 7, Block 4.
Lots 16 through 21, Block 4.
Lots 13 through 24, Block 13.
Lots 15 through 28, Block 20.
Lots 10 through 18, Block 29.
All in College 2nd Addition.

Lots 1, 2, 3 and 6, Golden Ridge Addition.

Lots 1 through 4, Block 1.
Lots 1 through 3, Block 2.
Lots 1A and 1 through 5, Block 3.
Lots 1 through 12, Block 4.
Lots 1A and 1 through 5, Block 5.
Lots 1 through 20, Block 6.
Lots 1A and 1, Block 7.
Lots 1 through 10, Block 8.
All in Stuart Hilleboe Subdivision.

Lots 1 through 15, Block 1.
Lots 23 through 40, Block 1.
Lots 1 through 14, Block 2.
Lots 1 through 8, Block 3.
All in Model Cities Addition.

Lots 1 through 38, Block 1.
Lots 1 through 19, Block 2
All in Madison Subdivision.

COMPRISING (Section 4):
Lots 13 through 18, Block 2.
Lots 7 through 18, Block 3.
Lots 7 through 18, Block 4.
All in Lindsay Addition.

Lots 1 and 5 through 12, Block 28.
Lots 4 through 11, Block 29.
Lots 4 through 7, Block 30.
Lots 2 through 6, Block 39.
Lots 1 through 10, Block 40.
Lots 1 through 10, Block 41.
All in Keeney and Devitt’s 2nd Addition.

Lots 1 through 35, Block 1.
Lots 1 through 37, Block 2.
Lots 1 through 8, Block 3.
Lots 16 through 43, Block 4.
Lots 1 through 25, Block 5.
Block 6.
All in Oak Grove Addition.

Lot 1, Block 1, Pladson Addition.

Lots 1, 2, 3 and 14 through 25, Kenney’s Subdivision.

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

NOW, THEREFORE, BE IT RESOLVED, That Asphalt Mill and Overlay and Incidentals Improvement District No. PR-18-F 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. PR-18-F:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PR-18-F 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 $2,706,658.50.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. PR-18-F:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. PR-18-F 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. PR-18-F 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 Mill and Overlay 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 Mill and Overlay and Incidentals Improvement District No. PR-18-F 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 Mill and Overlay 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. PR-18-F:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. PR-18-F in the City of Fargo, North Dakota.

Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-E (38th Street South, North of 26th Avenue South):
Commissioner Gehrig 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-E:

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

On 26th Avenue South from 400’ east of 41st Street South easterly for approximately 700’ to 38th Street South. On 38th Street South from 26th Avenue South to approximately 800’ north.

COMPRISING:
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, Paving, Street Lights and Incidentals Improvement District No. BN-18-E 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-E:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-18-E 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 $772,753.80.)

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

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

Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

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

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

On Roberts Street from 2nd to 4th Avenue North and on 5th Street from 3rd Avenue to 150’ south of 3rd Avenue.

COMPRISING:
Lots 7 through 12, Block 3.
Lots 1 through 12 and all of the vacated 3rd Avenue North adjacent to said lots, Block 4.
All in Roberts Addition.

Lots 13 through 27, Block 3.
All in S G Roberts Addition, Plat No. 2.

Lots D and E, Block A.
All in Chapin, Johnson, Barretts’ Addition.

Lots 1, 2 and 3, Block A.
All Sheehan’s Subdivision.

Lots 1, Block 8.
All in North Dakota Urban Renewal 1st Addition.

Lots 1 through 24, and all of the vacated alley adjacent to said lots, Block 9.
Lots 1 and 12 through 18, Block 10.
All in Keeney and Devitt’s 1st Subdivision.

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-F 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-F:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BR-18-F 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 $1,758,704.00.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BR-18-F:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BR-18-F 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-F 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-F 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 is to be paid from Infrastructure Sales Tax and approximately 48% 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-F:
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-F in the City of Fargo, North Dakota.

Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Water Main Replacement, Storm Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-E (Various Locations in North Fargo):
Commissioner Gehrig moved the following action be taken in connection with Water Main Replacement, Storm Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-E:

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

Great Northern Drive between 18th Street North and 25th Street North.
8th Avenue North between 17th Street North and 18th Street North.
17th Street North between 7th Avenue North and 8th Avenue North.

COMPRISING:
Lots 5 through 7 and 18 through 22, Block 11.
Lots 9 through 18, Block 12.
Lots 13 through 14, Block 13.
Lots 14 through 16, Block 22.
Lots 11 through 14, Block 23.
Lots 15 through 16, Block 24.
Lots 11, 13 through 16 and 18 through 20, Block 25.
Lots 7 through 11 and 18 through 24, Block 26.
Lots 3 through 11 and 18 through 28, Block 27.
Lots 1 through 11 and 18 through 28, Block 28.
Lots 5 through 11, Block 29.
All Platted within Beardsley’s Addition.

Lots 4 through 27 and 31 through 50.
All Platted within Great Northern 1st Addition.

Lots 1 through 5, Block 1.
All Platted within North Tech Park 1st Addition.

Lot 1, Block 1.
All Platted within Premiere 2nd Addition.
Lots 1 through 18, Block 1.
Lots 1 through 18, Block 2.
Lot 1, Block 3.
All Platted within Bowers Addition.

Lots 1 and 2, Block 1.
All Platted within JKD Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Water Main Replacement, Storm Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-E 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-E:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BR-18-E 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 $2,599,908.36.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BR-18-E:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BR-18-E 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-E 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, Storm Sewer 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, Storm Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-E 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 Water Main Replacement, Storm Sewer 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-E:
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-E in the City of Fargo, North Dakota.

Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-17-A (Along 19th Avenue North from Interstate 29 to 45th Street North):
Commissioner Gehrig moved the following action be taken in connection with Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-17-A:

Adopt Resolution Creating Improvement District No. NN-17-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. NN-17-A in the City of Fargo, North Dakota, be created

Along 19th Avenue North from Interstate 29 to 45th Street North.

COMPRISING:
Lots 1 and 2, Block 1.
Located in NDSU West Addition.

Lot 1, Block 1.
Located in Phoenix Addition.

Lots 13 and 14.
Located in Hector’s Subdivision.
Lot 1, Block 1.
Located in AES Livestock Management Addition.

All unplatted land in the southwest quarter of Section 27, T140 N, R49 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, Retention Pond and Incidentals Improvement District No. NN-17-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. NN-17-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. NN-17-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 $2,508,080.01.)

Order Plans and Specifications for Improvement District No. NN-17-A:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. NN-17-A in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. NN-17-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. NN-17-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. NN-17-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 Storm Sewer Lift Station, Retention Pond and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-17-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 Storm Sewer Lift Station, Retention Pond 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. NN-17-A:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. NN-17-A in the City of Fargo, North Dakota.

Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Fargo-Moorhead Diversion Project Update:
Mayor Mahoney and AE2S Public Affairs Strategist Rocky Schneider presented an update on the Fargo-Moorhead Diversion Project, which included a summary of what is next now that the Governors’ Task Force, the Technical Advisory Group and the Policy Group have made recommendations.

Parcels of Land in Timber Creek Seventh Addition Rezoned (3559, 3571 and 3583 47th Avenue South):
At a Hearing held on January 4, 2018 the Fargo Planning Commission recommended approval of a change in zoning from SR-2, Single-Dwelling Residential to SR-4, Single-Dwelling Residential in Timber Creek Seventh Addition.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Current Planning Coordinator Donald Kress said the application proposes an increase in households from SR-2 with a density of 5.4 units per acre, to SR-4, with a density of 12.1 units per acre. He said City policy discourages residential use in proximity to the interstate highways; however, single-family residential zoning is already established at this location. He said Planning staff has received one phone call and five emails with concerns regarding the increase in density.

Wayne Hegseth, 3526 46th Avenue South, said the neighborhood was promised one row of single houses as a buffer before the developer built another style of house. He said the neighborhood is concerned about the resale value of their homes if six twin homes are built. He said historically, the style of home proposed is a starter home and families do not stay in the homes long term.

Nate Vollmuth, Paces Lodging Corporation, said their request sounds worse than it is. He said it is a maximum of three twin homes or six split twin homes; it is not an apartment building. He said directly north of the lots there is a landscape buffer which is owned by the City.

In response to a question from Commissioner Strand asking if the homes would be considered affordable, Mr. Vollmuth said they would probably not be considered affordable due to the fact that the price of the lot is $54,000.00 and the special assessments are more than the lot price. He said the lots were constructed during the boom and during that time, contractors were busy and charged more.

Commissioner Gehrig said the market is looking for smaller homes. He said he lives in this neighborhood and he knows that people who live in Fox Run would be more upset if apartments were going to be built. He said he does not think the construction of twin homes on these lots will affect home values and it is better to have new homes rather than open lots.

In response to a question from Commissioner Strand asking if the lots meet the recommended 300-foot distance from the interstate, Mr. Vollmuth said the lots are more than the required 300 foot distance from the interstate.

In response to a question from Commissioner Strand regarding the percentage of protests received and if that percentage would require a super majority vote, Mr. Kress said the number of protests received does not warrant a super majority vote from the Commission.
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, The Fargo Planning Commission approved the following rezoning on January 4, 2018; and
WHEREAS, Written protests to the rezoning representing 5.8% of the legal protest area have been received and filed in the Office of the City Auditor.
NOW, THEREFORE, BE IT RESOLVED, That the rezoning be approved as recommended by the Planning Commission.

Second by Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Gehrig, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The Resolution was adopted.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Timber Creek Seventh Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Grindberg moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in Timber Creek Seventh 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 and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Resolution Adopted Approving Timber Creek Seventh Addition:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Timber Creek Seventh Addition” containing 6 Lots, 1 Block and 0.71 acres of land more or less, located at 3559, 3571 and 3583 47th Avenue South; and
WHEREAS, A Hearing was held January 4, 2018 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on February 26 and March 5, 2018 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., March 12, 2018 at which time said Plat would be considered and all interested persons would be heard.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “Timber Creek Seventh Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Second by Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Gehrig, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The Resolution was adopted.

Parcels of Land in PTP Addition Rezoned (2856 Brandt Drive South):
At a Hearing held on January 4, 2018 the Fargo Planning Commission recommended approval of a change in zoning to repeal and re-establish a C-O, Conditional Overlay on Lot 1, Block 1 of PTP Addition.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Current Planning Coordinator Donald Kress said the applicant is seeking a new Conditional Overlay on the subject property in the Urban Plains area that would result in two modifications to the existing C-O, including design guidelines for accent materials to construct or clad exterior walls and a parking condition that would be removed in its entirety. He said the modifications to the C-O are intended to allow greater flexibility of design for future 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 and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

First Reading of an Ordinance Repealing and Re-establishing a Conditional Overlay District on Certain Parcels of Land Lying in PTP 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 PTP Addition, City of Fargo, Cass County, North Dakota be placed on first reading.

Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Parcels of Land in Grayland First Addition Rezoned (5565 63rd Street South and 5414 68th Street South):
At a Hearing held on November 7, 2017 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to SR-2, Single-Dwelling Residential, SR-3, Single-Dwelling Residential and P/I, Public and Institutional of Grayland First Addition.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said this project was continued on the July 6, 2017 Planning Commission agenda at the request of the applicant. He said the applicant was not able to finalize the plat design due to the fact that a ditch adjacent to the project site is part of the Red River Valley Water Supply Project and engineering studies had to be done by the Garrison Conservancy District and the City. He said those evaluations have been completed and the plat design has been finalized. He said part of the addition will be conveyed to the City of West Fargo for the construction of an elementary school.

In response to a question from Commissioner Strand asking if West Fargo is committed to building on the property, Tony Eukel, a civil engineer working with the West Fargo School District, said the school project is out for bid and the plan is to break ground in May and have the school ready to open in the fall of 2019.

In response to a question from Commissioner Strand asking what the special assessments will be in the development, Division Engineer Brenda Derrig said Engineering has just started the pre-design on the development and once an engineers’ estimate has been submitted Special Assessments Administrator Dan Eberhardt will do a pre-run.

In response to a question from Commissioner Strand asking for a ballpark figure on special assessments, Mr. Eberhardt said it would be about $650 a foot, which is better than what he has been seeing over the past two years.

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.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Grayland First Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Grindberg moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in Grayland First 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 and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Resolution Adopted Approving Grayland First Addition Addition:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Grayland First Addition” containing 65 Lots, 4 Blocks and 41 acres of land more or less, located at 5565 63rd Street South and 5414 68th Street South; and
WHEREAS, A Hearing was held November 7, 2017 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 March 5 and 12, 2018 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., March 12, 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 “Grayland 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.

City of Fargo’s Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2018 Approved:
A Hearing had been set for this day and hour to consider the City’s Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2018.
The Board determined that there have been no written or verbal protests and no one is present to protest thereto.

Transit Administrator Julie Bommelman said the Federal Transit Administration 2018 grant has not yet been made available; however, grant allocations will be published soon in the federal register and she is estimating a 2 percent increase over last year or $2,445,063.00. She said the Program of Projects was developed by the Transit Division to be submitted with the application for the funds.
Commissioner Gehrig moved the Program of Projects for 2018 and the Federal Transit Grant Award of $2,445,063.00 be approved.

Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Application for Abatement or Refund of Taxes #4472 Filed by Patrick Vesey Representing Aurora Pines II at the District, LLP on Property Located at 3500 56th Avenue South Withdrawn:
The application for abatement or refund of taxes #4472 filed by Patrick Vesey representing Aurora Pines II at the District, LLP on property located at 3500 56th Avenue South requesting the valuation for 2017 be reduced from $2,679,000.00 to $1,436,664.00 was withdrawn by the applicant.
Commissioner Strand moved the application be withdrawn.

Second by Gehrig. On call of the roll Commissioners Strand, Gehrig, Grindberg and Mahoney voted aye.
Absent and not voting: Commissioner Piepkorn.
The motion was declared carried.

Update from the Greater Fargo Moorhead Economic Development Corporation:
Jim Gartin and Mark Vaux, president and vice president respectively, of the Greater Fargo Moorhead Economic Development Corporation (GFMEDC), presented the Fargo Quarterly Update, which covers December 2017 through February 2018 and outlined its various programs in relation to the City of Fargo.
Mr. Vaux said there were nine business expansion projects for the quarter, with six of those in Fargo including two in manufacturing, two in distribution and two in information technology. He said there were four business attraction projects with two interested in Fargo which would be a $88 million capital investment and create 385 new jobs. He said the establishment of a logistics corridor between Fargo and Winnipeg has been very successful and will open up more markets for business in Manitoba. He said the launch of the new websiteLiveInFargo.com will market Fargo and the surrounding community to potential businesses and workforce. He also said 19 loans from the Growth Initiative Fund were approved, totaling $1.1 million dollars.

Mr. Gartin said there has been a lot of discussion about the workforce in the Fargo area and questions were what is the issue, what are the needs and what are the actual numbers. He said 38 percent of all available jobs in the region pay less than $30,000.00. He said recruiting people to move to the Fargo area to work at jobs that only pay $30,000.00 or less is a difficult task. He said Fargo is going to have to differentiate itself somehow to draw people in. He said what is needed are strong commitments to first and second generation New Americans and there needs to be investments, such as in daycare and housing. He said open positions in the workforce include 757 in retail and retail management, 439 in manufacturing and more than 800 in the healthcare industry.

Commissioner Strand said New Americans are important in the workforce; however, what is most important is teaching them the English language. He said the Human Relations Commission held a meeting recently and many who attended the meeting could not speak English and needed interpreters. He said more opportunities for language learning across the board would be significant.

Mr. Gartin said the United Way has committed a full-time position focused on how New Americans are supported.

Mayor Mahoney said tonight’s meeting was broadcast on Facebook Live for the first time. He said the City is going to expand its live broadcasts via Twitter and YouTube as another way to engage citizens through social media.

Commissioner Strand moved that the Board adjourn to 5:00 o’clock p.m., Monday, March 26, 2018.

Second by Grindberg. All the Commissioners present voted aye and the motion was declared carried.
The time at adjournment was 6:10 o’clock p.m.