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Board of City Commissioners - May 7, 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, May 7, 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: Fargo Cass Public Health has trained and equipped local law enforcement agencies with Narcan using funds provided by the State Targeted Response to the Opioid Crisis grant; staff members from the Gladys Ray Shelter and Detox Center gave a presentation at the 7th Annual White Earth Harm Reduction Summit in Mahnomen, Minnesota; FCPH coordinated an Emergency Preparedness and Response training exercise at North High School on April 27th; events coming up at the Library include the Annual Spring Gardening Series, Crazy Horse family members Floyd Clown and Doug War Eagle, along with author William B. Matson, will share Matson’s book “Crazy Horse: The Lakota Warrior's Life and Legacy” and teens can make diffuser necklaces for Mother’s Day; the vacancy rate of apartments is between 9 and 10 percent, the Downtown Fargo vacancy rate went from 9.68 percent to 7.28 percent, the highest vacancy rate is in southwest Fargo at 14.45 percent and the Inspections Department has permitted two apartment buildings with 98 units so far this year; it is Cleanup Week in the metro area; relocation website movebuddha.com has ranked Fargo as one of the most popular places to relocate to in the United States; and a new temporary exhibit by North Dakota State University senior architecture students under Professor David Crutchfield based on the Go2030 Masterplan is in the Commission lobby area and includes urban design proposals for the City that present a vision of Fargo in the year 2050.

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

Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on April 23, 2018 be approved as read.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.

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

1. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of an Ordinance Amending Sections 11-0805, 11-0806, 11-0807, 11-0819 and 11-0821 of Article 11-08 of Chapter 11 of the Fargo Municipal Code Relating to Environmental Nuisances.

2. 2nd reading of the following Ordinances; 1st reading, 4/23/18:
a. Ordinance Amending Section 25-1504.3, of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages.
b. Rezoning Certain Parcels of Land Lying in Timber Creek Eighth Addition to the City of Fargo, Cass County, North Dakota.

3. Site Authorizations for Games of Chance:
a. Team Maker’s Club, Inc. at Frank’s Lounge (amended).
b. American Gold Gymnastics at The Box and Sidestreet Grille & Pub.
c. Jon Greenley Amvets Post #7 at Amvets.
d. Red River Human Services Foundation at The Northern and Fargo Elks
Lodge #260.
e. Plains Art Museum at Blue Wolf Casino (West Acres Bowl).

4. Applications for Games of Chance:
a. Fargo Moorhead Derby Girls for a raffle on 6/9/18.
b. Malachi Rohrer Benefit for a raffle and raffle board on 5/18/18 (Public Spirited Resolution).
c. Fargo Gateway Lions for a raffle on 7/10/18.

5. Memorandum of Understanding with the City of Moorhead for implementation of a purchasing card program.

6. Memorandum of Understanding with the National Veterans Intermediary to provide funds to support the ND Cares Fargo Chapter.

7. Contract Agreement with Active Minds Academy to provide a breastfeeding friendly environment for their employees.

8. Sole Source Procurement to Twin City Garage Door for removal and installation of the loading dock interior overhead door.

9. Sole Source Procurement in the amount of $18,525.00 to CEIA, USA for the purchase of divesting tables.

10. Acquisition of 708 4th Avenue North in exchange of 11 11th Street North.

11. Resolutions Approving the following Plats:
a. The Basins at 100th Addition (Attachment “A”).
b. The Edge Addition (Attachment “B”).

12. Change Order No. 1 for an increase of $21,795.00 for Project No. UR-17-C1.
13. Change Order No. 10 for an increase of $55,532.00 for Project No. FM-14-61.

14. Bid advertisement for Project No. SN-18-A.

15. Bills in the amount of $5,903,248.74.

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

Amended Engineers Report for Improvement District No. TN-18-A Approved:
The Board received an Amended Engineer’s Report from Transportation Division Engineer Jeremy Gorden for Raised Pedestrian Crossing, Radius Improvements and Incidentals Improvement District No. TN-18-A.
Commissioner Gehrig moved the Amended Engineer’s Report for Improvement District No. TN-18-A be approved.

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

Agreement - Early Building Permit for Improvement District No. BN-18-B1 Approved:
The Board received a Report of Action from the Public Works Evaluation Committee (PWPEC) stating the committee reviewed an early building permit request submitted by West Fargo Public Schools for the new elementary school on Lot 10, Block 4 in Grayland First Addition. They said site access can be maintained during the construction of 54th Avenue South since it is adjacent to 63rd Street. The infrastructure work for this area will be bid under Improvement District No. BN-18-B1, they said, and a deposit of $9,500.00 will be required
Commissioner Gehrig moved the Agreement - Early Building Permit with West Fargo School District #6 and Lee Jones and Son Construction Co. for Improvement District No. BN-18-B1 be approved.

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

Contract Amendment No. 2 for Improvement District No. BR-18-B2:
Commissioner Gehrig moved Contract Amendment No. 2 with Houston Engineering for an increase of $169,583.18 for Improvement District BR-18-B2 be approved.

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

No Protests Received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-A1:
The Statutory Resolution of Necessity for the construction of Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-A1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on April 16 and 23, 2018 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Gehrig moved that the Board declare that no protests have been filed to the construction of Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-A1.

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

Bids Received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-A1:
The bids for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-A1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., May 2, 2018 and the bids were found to be as follows:

KPH, Inc. Fargo, ND
Bid: $2,075,244.22

Dakota Underground Company, Inc. Fargo, ND
Bid: $2,313,550.49

Contract for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-A1 Awarded to KPH, Inc. in the Amount of $2,075,244.22:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-A1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 2, 2018 for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-A1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-A1 shows the bid of KPH, Inc. of Fargo, North Dakota, in the sum of $2,075,244.22 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from KPH, Inc. in the sum of $2,075,244.22 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-A1 in the City of Fargo, North Dakota, be and the same is hereby awarded to KPH, Inc. for the sum of $2,075,244.22, 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, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-G1: Protests Received and Declared Insufficient:
The Statutory Resolution of Necessity for the construction of Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-G1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on April 2 and 9, 2018 and protests representing less than 1 percent of the legal protest area have been received and filed in the office of the City Auditor within the legal protest period.
Commissioner Gehrig moved the protests be received and filed and declared insufficient.

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

Bids Received for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-G1:
The bids for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-G1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., May 2, 2018, and the bids were found to be as follows:

KPH, Inc. Fargo, ND
Bid: $3,285,292.32

Dakota Underground Company, Inc. Fargo, ND
Bid: $3,375,469.10

Master Construction Company, Inc. Fargo, ND
Bid: $3,761,968.00

Contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-G1 Awarded to KPH, Inc. in the Amount of $3,285,292.32:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-G1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 2, 2018 for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-G1 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-G1 shows the bid of KPH, Inc. of Fargo, North Dakota, in the sum of $3,285,292.32 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from KPH, Inc. in the sum of $3,285,292.32 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-G1 in the City of Fargo, North Dakota, be and the same is hereby awarded to KPH, Inc. for the sum of $3,285,292.32, 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, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Contract for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-F1 Approved:
Commissioner Gehrig moved approval of the Contract between the City of Fargo and Dirt Dynamics, LLC for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-F1 in the City of Fargo, North Dakota.

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

Contract Bond for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-F1 Approved:
Commissioner Gehrig moved approval of the following described Contract Bond as to sufficiency:
RLI Insurance Company, in the amount of $58,800.00, for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-F1 in the City of Fargo, North Dakota.

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

Contract for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-E1 Approved:
Commissioner Gehrig moved approval of the Contract between the City of Fargo and KPH, Inc. for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-E1 in the City of Fargo, North Dakota.

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

Contract Bond for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-E1 Approved:
Commissioner Gehrig moved approval of the following described Contract Bond as to sufficiency:
Western Surety Company, in the amount of $749,999.25, for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-18-E1 in the City of Fargo, North Dakota.

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

Contract for Water Main Replacement, Storm Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-E1 Approved:
Commissioner Gehrig moved approval of the Contract between the City of Fargo and Dakota Underground Company, Inc. for Water Main Replacement, Storm Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-E1 in the City of Fargo, North Dakota.

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

Contract Bond for Water Main Replacement, Storm Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-E1 Approved:
Commissioner Gehrig moved approval of the following described Contract Bond as to sufficiency:
United Fire and Casualty Company, in the amount of $2,181,624.80, for Water Main Replacement, Storm Sewer Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-E1 in the City of Fargo, North Dakota.

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

Contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-F1 Approved:
Commissioner Gehrig moved approval of the Contract between the City of Fargo and Master Construction Company, Inc. for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-F1 in the City of Fargo, North Dakota.

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

Contract Bond for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-F1 Approved:
Commissioner Gehrig moved approval of the following described Contract Bond as to sufficiency:
Western Surety Company, in the amount of $1,537,059.00, for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-F1 in the City of Fargo, North Dakota.

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

Contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-J1 Approved:
Commissioner Gehrig 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-J1 in the City of Fargo, North Dakota.

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

Contract Bond for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-J1 Approved:
Commissioner Gehrig moved approval of the following described Contract Bond as to sufficiency:
United Fire and Casualty Company, in the amount of $1,833,362.50, for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-J1 in the City of Fargo, North Dakota.

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

Contract for Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-17-A1 Approved:
Commissioner Gehrig moved approval of the Contract between the City of Fargo and Jensen Brothers Construction, Inc. for Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-17-A1 in the City of Fargo, North Dakota.

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

Contract Bond for Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-17-A1 Approved:
Commissioner Gehrig moved approval of the following described Contract Bond as to sufficiency:
Travelers Casualty and Surety Company of America, in the amount of $1,149,504.75, for Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-17-A1 in the City of Fargo, North Dakota.

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

Contract for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-18-F1 Approved:
Commissioner Gehrig moved approval of the Contract between the City of Fargo and Border States Paving, Inc. for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-18-F1 in the City of Fargo, North Dakota.

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

Contract Bond for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-18-F1 Approved:
Commissioner Gehrig moved approval of the following described Contract Bond as to sufficiency:
Liberty Mutual Insurance Company, in the amount of $2,060,412.50, for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-18-F1 in the City of Fargo, North Dakota.

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

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 $7,127.00 for cost reimbursement for the FM Area Flood Risk Management Project for March 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 $7,127.00 for the FM Diversion Flood Project for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project be approved.

Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Strand, 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 $31,576.00 for cost reimbursement for the FM Area Flood Risk Management Project for March 2018. He said the request is for expenses related to projects in the Oxbow/Hickson/Bakke component of the project.
Commissioner Grindberg moved the cost reimbursement request in the amount of $31,576.00 for the FM Diversion Flood Project for expenses related to projects in the Oxbow/Hickson/Bakke component of the project be approved.

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

Ordinance Relating to Alcoholic Beverages Received and Filed and Placed on First Reading at the Next Regular Meeting of the Board:
The Board received a communication from Assistant City Attorney Nancy Morris stating that at the Liquor Control Board meeting on April 18, 2018, Police Chief David Todd requested to amend Fargo Municipal Code 25-1509.2 regarding restrictions on the sale of alcohol to an obviously intoxicated person and the need for a corroborating witness opinion of intoxication be stricken from the relevant considerations. She said the Liquor Control Board unanimously recommended approval of the revised Ordinance.

Chief Todd said the ordinance has been in place and unchanged since Chief Magnus was with the Police Department and the ordinance deals with overserving. He said the need for a corroborating witness independent of the Police Department is not required with any other ordinance. He said the requirement has been problematic due to the fact that people do not want to get involved. He said this change does not change the burden of proof and the police still have to investigate, show this person was intoxicated as described, the liquor establishment was serving and it needs to be witnessed by a police officer.

In response to a question from Commissioner Gehrig asking if there is still a sobriety test, Chief Todd said the ordinance spells out in detail what intoxication is, such as balance, stumbling, staggering, disorientation, bloodshot eyes and so on.

In response to a question from Commissioner Strand asking if liquor establishment owners knew this ordinance was on the agenda, Chief Todd said he has not had any push back from owners; however, he has heard from citizens who are encouraging the Board to vote for the change in the ordinance.

Mayor Mahoney said he has also heard from citizens that they want this change.

In response to a question from Commissioner Piepkorn, asking how this change will affect the situation in the real world and how will it benefit the citizens, Chief Todd said corroboration will always be beneficial to an investigation; however, no other ordinance requires corroboration and people are hesitant to get involved in police investigations due to the fact that they may have to go to court to testify and their statement may be questioned. He said with this change, the police can continue with the investigation whether there is a corroborating witness or not.

Commissioner Piepkorn said he would like the ordinance placed on the Regular Agenda in two weeks so citizens can have an opportunity to comment.

Commissioner Strand moved the Ordinance Amending Section 25-1509.2, 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 at the next Regular Meeting of the Board.

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.

Renaissance Zone Project for Ruby Rules, LLC at 321 4th Street North Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for Ruby Rules, LLC for a rehabilitation project at 321 4th Street North.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.

The Board received a communication from Assistant Planner Barrett Voigt stating the Renaissance Zone Project application presented by Ruby Rules, LLC meets all of the minimum criteria set forth in the Renaissance Zone Plan and is consistent with the established goals and objectives and he recommends the project be approved. He said the applicant seeks to renovate and update the existing building to use as a dental office offering services during conventional business hours of the week and a yoga studio that would offer services during the evenings and weekends.

Planning Director Nicole Crutchfield said the project will involve significant capital costs to renovate the interior and exterior, replace the roof, plumbing and HVAC systems with completion scheduled in the fall of 2018.

Commissioner Piepkorn moved the Renaissance Zone application filed by Ruby Rules, LLC for a project located at 321 4th Street North be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority.

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

Resolution Adopted Approving Plat of Cityscapes Business Park Addition (1910, 1968 and 2068 1st Avenue North):
Current Planning Coordinator Donald Kress said the plat is for a minor subdivision and minor subdivision plats do not usually come before the Board; however, this plat requires a 70-foot easement to provide the City with safe and secure access for maintenance of underground drainpipes on the property. He said a Quit Claim Deed for the City-owned property with applicant Bullinger Enterprises, LLLP, resolves the easement requirement.

Commissioner Grindberg said there was quite a bit of detail and background work done on this project and he commended all of the City departments involved in getting this project put together.

In response to a question from Commissioner Strand asking if there are any concerns with this project’s proximity to the train tracks, Fire Department Chief Steve Dirksen said he is an opponent of housing near train tracks; however, this development is intended for light industrial and commercial, not residential.

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 “Cityscapes Business Park Addition” containing 1 Lot, 1 Block and 8.48 acres of land more or less, located at 1910, 1968 and 2068 1st Avenue North; and
WHEREAS, A Hearing was held April 3, 2018 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, As announced in the City Commission agenda which was made available on May 3, 2018 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., on May 7, 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 “Cityscapes Business Park 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 the Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Second by Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Gehrig, Strand and Mahoney voted aye.
Commissioner Piepkorn voted nay.
The Resolution was adopted.

Quit Claim Deed with Bullinger Enterprises, LLLP Approved:
Commissioner Grindberg moved the Quit Claim Deed with Bullinger Enterprises, LLLP be approved.

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

Presentation of the Drain 27 Improvement Project:
City Administrator Bruce Grubb and AE2S CEO Steve Burian said at the October 23, 2017 City Commission meeting, a Resolution was passed approving a new loan application for a Clean Water State Revolving Fund (CWSRF) loan related to water infrastructure improvements for Fargo’s regional water system. They said the loan amount was $24 million and included funding for regional infrastructure projects, including Drain 27 improvements, Water Treatment Plant Phase 2, ozone system improvements, a new Downtown water tower and miscellaneous regionalization improvements. They said a requirement for the CWSRF loan is a public presentation before the City Commission to provide documentation and the opportunity for the public to comment prior to issuance of the loan. They said related to the Drain 27 improvements is Fargo’s permit for water from the Sheyenne River and they also want to discuss the Red River Valley Water Supply Project (RRVWSP), projections for future needs and the three water permits the City has, including the Red River, Sheyenne River and stored water in Lake Ashtabula. They said the Drain 27 Improvement Project will have three phases based on time sensitivity: Phase 1 will be completed in 2018 and include a regional detention pond, drainage channel improvements and a flood control lift station; Phase 2 is planned for 2019 and will include a new water supply pumping station and a pipeline connection to the regional detention pond; and Phase 3 is planned for 2020 and will include a new pipeline connection to the new pump station. They said there is potential for a Phase 4 based on regional water demands. They said private property impacts were minimized after meeting with property owners and there are considerable cost savings to improving Drain 27 rather than burying a dedicated water line. They said currently, the Sheyenne River permit allocation is not sufficient to meet the long-term regional water needs of Fargo’s water system. Therefore, they said, in conjunction with the Drain 27 improvements, Water Utility staff want to pursue a permit modification for an increased allocation for water from the Sheyenne River. They said previous work done by the Lake Agassiz Water Authority (LAWA) looked at the transfer of water from the Sheyenne River that included a pipeline connection from the Sheyenne River to the Fargo Water Treatment Plant. They said a drainage channel exists between the Sheyenne River and Drain 27 and Water Utility staff have proposed some improvements to the existing channel to enable the transfer of water from the Sheyenne River to Drain 27. The City of Fargo is a member of LAWA, they said, which serves as the local sponsor of the RRVWSP, which is a project to deliver Missouri River water to the Red River Valley and central North Dakota. They said the project is necessary due to the susceptibility of existing regional water supplies under severe drought conditions. The preliminary design of the RRVWSP is complete, they said, and includes an intake on the Missouri River, a pipeline following the Highway 200 corridor and a discharge at Lake Ashtabula. From Lake Ashtabula, they said, water would be conveyed to Fargo via the Sheyenne River. They said Fargo serves as a regional supplier of drinking water to West Fargo and the Cass Rural Water Users District (CRWUD) and therefore, in planning for future water demands, it is imperative to consider demand projections from a regional perspective. Fargo, they said, is blessed with three water permits obtained in 1957, 1963 and 1993. They said when the 1930s drought happened, there was not a sustainable water supply and that was when Bald Hill Dam and Lake Ashtabula were built. However, they said, with the current three permits, if conditions went back to a 1930s-type drought, none of those three supplies would be sufficient. They said this project is not only for drought protection, but can also be used for storm control.

Commissioner Gehrig said he is 100 percent for asking for the most that would make sense fiscally. He said in initial discussions, large and small numbers were discussed; however, a middle ground was found and the Board is excited to get this project going.

Commissioner Strand said there are more erratic climate cycles and the City has to be prepared for both extremes.

Commissioner Piepkorn said other than the Diversion, this is a historically significant project and it will be a valuable asset.

Commissioner Grindberg moved that the Board adjourn to 5:00 o’clock p.m., Monday, May 21, 2018.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.

The time at adjournment was 6:08 o’clock p.m.