Fargo City Commission - January 27, 2020 Minutes

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 5:00 o'clock p.m., Monday, January 27, 2020.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: The response to the fire last week at Elim Rehab and Care Center brought many entities together and no residents or staff were injured in the incident in which all 111 residents, 33 children in the childcare center and all staff were evacuated to safe areas; residents and businesses are asked to clear hydrants near their homes and businesses; the Department of Health reported a sharp increase in influenza cases across the state and Fargo Cass Public Health has flu vaccine available; permits are required for most types of construction work; the Library is hosting a number of interesting programs including a series of films featuring Jane Austen novels; the Fargo Housing Authority has submitted an application to HUD to dispose of the Lashkowitz High Rise and after approval will apply for housing vouchers to assist in relocation of tenants in the 247 units.

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

Minutes Approved:
Commissioner Piepkorn moved that the Minutes of the Regular Meeting of the Board held on January 13, 2020 and the Minutes of the Special Meeting held on January 14, 2020 be approved as read.
Second by Strand. All the Commissioners voted aye and the motion was declared carried.

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

1. 2nd reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Lane’s Subdivision of Block 69 of Ohmer’s Subdivision to the City of Fargo, Cass County, North Dakota.

2. Site Authorization for Horse Race North Dakota at Country Pub (in Country Inn and Suites Hotel).

3. Applications for Games of Chance:
a. Bethany Auxiliary for a calendar raffle from 1/28/20 to 12/31/20.
b. NDSU Men’s Lacrosse Club for a raffle on 3/27/20.
c. Fargo Elks Lodge 260 BPOE for a raffle on 2/1/20.
d. Red River Infinity Volleyball for a raffle on 4/5/20; Public Spirited Resolution.
e. USA Wrestling of North Dakota for a raffle on 7/23/20.

4. Pledged Securities as of 12/31/19.

5. First Amendment to Service Agreement with InfoSend, Inc. (RFP16098).

6. LPA Bridge Inspection and Load Rating Agreement with the NDDOT.

7. Bid award to Witzel Construction in the amount of $166,031.00 for Project No. UR-19-E1.

8. Bid advertisement for Project No. PR-20-A.

9. Notice of Grant Award – Amendment with the ND Department of Health for Ryan White Part B Program-Case Management for PLWH.

10. Memorandum of Understanding with the National Veterans Intermediary to receive $2,000.00 in collaboration funds.

11. Agreement for Services with Sara Mwagura.

12. Purchase of Service Agreement with Mapleton Public School District.

13. Site Access Agreement with Kilbourne, LLC.

14. Resolution Approving Plat of Liberty Square Fifth Addition (Attachment “A”).

15. Change Order No. 4 for an increase of $1,840.98 (electrical construction contract) for the Fargo Police Department Headquarters Remodeling Project.

16. Bid advertisement for Project No. WW1701.

17. Change Order No. 2 for an increase of $29,270.29 for Project No. WA1951.

18. Contract and bond for Project No. WW1904.

19. Bid awards to Gast Construction Company, Inc. in the amount of $2,032,100.00 for General Construction; Rick Electric, Inc. in the amount of $182,900.00 for Electrical Construction; and Valley Services Mechanical, LLC in the amount of $484,431.00 for Mechanical Construction for the Ground Transportation Center Improvement Projects (AFB20017).

20. Bills in the amount of $6,468,284.65.

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

Change Order No. 3 for Improvement District No. BN-19-F1 Approved:
Commissioner Grindberg moved Change Order No. 3 for an increase of $26,609.00 for Improvement District No. BN-19-F1 be approved.

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

Change Order Nos. 12-14 for Improvement District No. BR-18-A1 Approved:
Commissioner Grindberg moved Change Order Nos. 12-14 in the amount of $18,012.41 for Improvement District No. BR-18-A1 be approved.

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

Change Order Nos. 26-32 and Time Extension for Improvement District No. BN-19-A2 Approved:
Commissioner Grindberg moved Change Order No. 26-32 in the amount of $47,503.37 and a 10-day time extension for Improvement District No. BN-19-A2 be approved.

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

Final Balancing Change Order No. 2 for Improvement District No. BN-19-C1 Approved:
Commissioner Grindberg moved Final Balancing Change Order No. 2 for an increase of $10,146.10 for Improvement District No. BN-19-C1 be approved.

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

Payment to NuStar Energy for Pipeline Relocation for Improvement District No. PN-18-B1:
The Board received a communication from the Public Works Projects Evaluation Committee stating a preliminary cost estimate from NuStar Energy was approved in July for an estimated cost for pipeline relocation and recoating in the amount of $482,990.00. Since then, they said, NuStar Energy has completed the work and submitted the actual cost invoice amounts totaling $601,693.73, which are $118,703.73 higher than the estimate due to miscalculations in lost revenue and pipeline downtime, and higher contractor bid costs.

Commissioner Grindberg moved the payment to NuStar Energy in the amount of $601,693.73 for the relocation and recoating of the pipeline to support the roadway construction for Improvement District No. PN-18-B1 be approved.

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

Staging Areas for Improvement District No. BN-20-C1 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee stating they reviewed a communication from Civil Engineer Jason Leonard regarding staging locations for Improvement District BN-20-C1, which is planned to start construction this spring. They said Engineering has identified two staging areas within project limits that are both City owned lots located on either side of Cass County Drain 53, at 6251 36th Street South and 2816 64th Avenue South.

Commissioner Grindberg moved the staging areas for Improvement District No. BN-20-C1 be approved, as presented.

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

Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-A (10th Street North from 19th Avenue to 28th Avenue):
Commissioner Grindberg moved the following action be taken in connection with Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-A:

Adopt Resolution Creating Improvement District No. BR-20-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BR-20-A in the City of Fargo, North Dakota, be created

On 10th Street North from 19th Avenue to 28th Avenue.

COMPRISING:
Lots 7 through 26, Block 2.
All in Peter Sway 5th Addition.
Lots 1 through 13, Block 3.
All in Peter Sway 5th Addition.

Lots 14 through 26, Block 5.
All in Peter Sway 5th Addition.

Lots 1 through 13, Block 6.
All in Peter Sway 5th Addition.

Lots 12 through 22, Block 9.
All in Peter Sway 5th Addition.

Lots 1 through 11, Block 10.
All in Peter Sway 5th 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-20-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. BR-20-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BR-20-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 $2,955,599.08.)

Order Plans and Specifications for Improvement District No. BR-20-A:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BR-20-A in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BR-20-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BR-20-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. BR-20-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 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-20-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 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-20-A:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BR-20-A in the City of Fargo, North Dakota.

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

Seal Coat and Incidentals Improvement District No. PR-20-C (Various Locations in South Fargo):
Commissioner Grindberg moved the following action be taken in connection with Seal Coat and Incidentals Improvement District No. PR-20-C:

Adopt Resolution Creating Improvement District No. PR-20-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. PR-20-C in the City of Fargo, North Dakota, be created

LOCATION (Section 6):
On 28th Avenue South from 41st Street South to 42nd Street South.
On 30th Avenue South from 26th Avenue South to 42nd Street South.
On 31st Avenue South from 41st Street South to 42nd Street South.
On Thunder Road South from 39th Street South to 30th Avenue South.
On 39th Street South from Thunder Road South to 30th Avenue South.
On 41st Street South from 28th Avenue South to 30th Avenue South.

LOCATION (Section 7):
On Calico Drive South from 30th Avenue South to 45th Street South.
On 30th Avenue South from 43rd Street South to 45th Street South.

LOCATION (Section 8):
On Amber Valley Parkway South from 55th Street South to 450’ east of 55th Street South.
On 28th Avenue South from 1180’ east of 51st Street South to 55th Street South.
On 30th Avenue South from Brandt Drive South to 55th Street South.
On 31st Avenue South from 51st Street South to Seter Parkway South.
On 51st Street South from 23rd Avenue South to Amber Valley Parkway South.
On 51st Street South from 28th Avenue South to 32nd Avenue South.
On 55th Street South from 23rd Avenue South to Amber Valley Parkway South.

LOCATION (Section 9):
On Tanner Avenue South from 54th Street South to 55th Street South.
On 34th Avenue South from 54th Street South to 130’ west of 55th Street South.
On Tyler Avenue South from 54th Street South to 55th Street South.
On 35th Avenue South from 54th Street South to 55th Street South.
On 54th Street South from Tanner Avenue South to 36th Avenue South.
On 55th Street South from 33rd Avenue South to 36th Avenue South.
On 50th Street South north of 36th Avenue South.

LOCATION (Section 11):
On 67th Avenue South from 21st Street South to 25th Street South.
On 68th Avenue South from 21st Street South to 25th Street South.
On 23rd Street South from 68th Avenue South to 70th Avenue South.
On 24th Street South from 68th Avenue South to 70th Avenue South.

COMPRISING (Section 6):
Bound on the North on 26th Avenue South from 41st Street South to Interstate 29.

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

Bound on the South along 32nd Avenue South from the SE corner of Lot 1, Block 1, Asplin 3rd Addition to the SW corner of Lot 1, Block 1, Heidrich Addition.

Bound on the West along the west side of Lot 1, Block 1, Heidrich Addition and 42nd Street South.

COMPRISING (Section 7):
Bound on the North along 26th Avenue South from 45th Street South to the NE corner of Lot 6, Block 1 Calico Prairie Addition.
Bound on the East from the NE corner of Lot 6, Block 1 Calico Prairie Addition to the SE Corner of the E 255 ft. of Lot 1, Block 2, Calico Prairie Addition.

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

Bound on the West by 45th Street South.

COMPRISING (Section 8):
Bound on the North along 23rd Avenue South from Veterans Boulevard to the East side of Gamma Fargo Addition excluding the area of Lots 2 and 3 Block 1 and all of Block 2 and 3 of Amber Valley 6th Addition.

Bound on the East from 23rd Avenue South along the East side of Gamma Fargo Addition to Amber Valley Parkway. West along Amber Valley Parkway to the SE corner of Lot 3, Block 1, Gamma Fargo Addition. Then south SE corner Lot 4, Block 1, Amber Valley 7th Addition and then West to its Western Lot line. Southwest through part of Lot 9 and part of Lot 8, Block 2, Urban Plains by Brandt 1st Addition to 28th Avenue South. East on 28th Avenue approximately 238’ and South along the Eastern Edge of part of Lot 1, Block 1 Brandt Park Addition. Then East along the Northern lot lines of Lots 4-6, Block 1 of Urban Plains Medical Park Addition to Brandt Drive South. Then commencing South along Brandt Drive South to 32nd Avenue South.

Bound on the South on 32nd Avenue South from Brandt Drive South to Seter Parkway.

Bound on the West from 32nd Avenue South by Veterans Boulevard, 55th Street South and Seter Parkway.

COMPRISING (Section 9):
All of Farmstead at Brandt Addition plus Lots 1-20, 22-27, Block 2 and all of Block 3 and 4, Valley View Addition.

COMPRISING (Section 11):
All of Davies 2nd Addition except Lots 1-3 Block 1.

Lots 1-2, Block 9 and all of Block 10, Crofton Coves 1st Addition.

Lots 19-28, Block 1, Crofton Coves 2nd Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Seal Coat and Incidentals Improvement District No. PR-20-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-20-C:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PR-20-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 $979,109.72.)

Order Plans and Specifications for Improvement District No. PR-20-C:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. PR-20-C in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. PR-20-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. PR-20-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-20-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 Seal Coat 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 Seal Coat and Incidentals Improvement District No. PR-20-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 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 Seal Coat 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-20-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-20-C in the City of Fargo, North Dakota.

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

Storm Sewer Repairs and Incidentals Improvement District No. UR-20-A (Various Locations in South Fargo):
Commissioner Grindberg moved the following action be taken in connection with Storm Sewer Repairs and Incidentals Improvement District No. UR-20-A:

Adopt Resolution Creating Improvement District No. UR-20-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. UR-20-A in the City of Fargo, North Dakota, be created

Section A: Generally bounded by 13th Avenue South to 17th Avenue South and 35th Street South to 32nd Street South.

Section B1: Generally bounded by 33rd Avenue South to 35th Avenue South and 42nd Street South to 45th Street South.

Section B2: Generally bounded by 42nd Street South to I29 and 32nd Street South to 37th Avenue South.

COMPRISING:
SECTION A:
Lot 1, Block 1; Lots 1-8, Block 2; Lot 2, Block 3; Saks Addition.
Lots 1-4, Block 1; Lots 1-5 and 7-12, Block 3; Hub Addition.
Lots 2-7, Block 4A; Lots 4-9, Block 4B; Lots 1-10, Block 4C; Lots 1-5, 8, 9, Block 4D; Re-Plat of Block 4; Hub Addition.

Lots 1-9, Block 1; Prairie South Addition.

SECTION B1:
Lot 2, Block 1; Lot 1, Block 2; Lots 2-19, Block 3; Lots 1-14, Block 4; Lots 1-14, Block 5; Lots 1-14, Block 6; Lots 1-14, Block 7; Lots 1-14, Block 8; Lots 1-18, Block 9; Pointe West First Addition.

Lots 18-29, Block 1; Lots 1-11, Block 8; Pointe West Second Addition.

SECTION B2:
Lots 1-5, Block 1; RDO Addition.

Re-Plat of Lot 1, Block 1; RDO Addition.

Lot 1, Block 1; Asleson Industrial Park Second Addition.

Lot 1, Block 1; Asleson Industrial Park First Addition.

Lot 1, Block 1; RDO Truck Center Addition.

Lot 1, Block 1; Wartenbee Addition.

Lots 1 and 2, Block 1; Inland Truck Parts Company Second Addition.

Lots 1 and 2 and 12-14, Block 1; DK First Addition.

Lot 1, Block 1; Asleson Industrial Park Fourth Addition.

Tract of land located in the NE ¼ of Section 27 described as follows: Beginning at the SW Corner of Lot 1, Block 1, Asleson Industrial Park 4th Addition; Then N 87 Degrees 38 Minutes 18 Seconds East on the south line of subdivision Lot 1 for a distance of 631.57 feet to the southeast corner of subdivision Lot 1; Then south 04 Degrees 29 Minutes 06 Seconds east on the southerly extension of the east line of subdivision Lot 1 for a distance of 233.80 feet to the northwest corner of Lot 1, Block 1 of Wartenbee Addition; Then continuing south 04 Degrees 29 Minutes 06 Seconds east on the west line of subdivision Lot 1 for a distance of 35.02 feet; Then south 87 Degrees 38 Minutes 18 Seconds west for a distance of 642.23 feet to the southerly extension of the west line of Lot 1, Block 1 of the subdivision Asleson Industrial Park 4th Addition; Then north 02 Degrees 12 Minutes 42 Seconds west on the southerly extension of subdivision west line for a distance of 268.64 feet to the Point of Beginning.

Lot 1, Block 1; Asleson Industrial Park Sixth Addition.

Lot 1, Block 1; Asleson Industrial Park Fifth Addition.

Lots 1 and 2, Block 1; Asleson Farms Third Addition.

Lot 1, Block 1; Asleson Industrial Park Third Addition.

Part of Lot 1, Block 1; Described as follows: Commencing at northeast corner of Lot 1, then south 87 Degrees 36 Minutes 47 Seconds west along north line of Lot 1 355.99 feet to Point of Beginning, then south 2 Degrees 9 Minutes 3 Seconds east a distance of 375.87 feet to south line of Lot 1 and a tract of land in Northeast ¼ of Section 27 Township 139N Range 49W described as follows: Beginning at northwest corner of Lot 1, Block 1 Asleson Industrial Park Third Addition, then south 2 Degrees 9 Minutes 3 Seconds east along west line a distance of 375.84 feet to southwest corner of Lot 1, then south 87 Degrees 37 Minutes 29 Seconds west a distance of 60 feet to southeast corner of Lot 1, Block 1; then north 2 Degrees 9 Minutes 3 Seconds west along east line of Subdivision Lot 1 a distance of 375.84 feet to intersection of westerly extension of north line of Lot 1 Block 1 Asleson Industrial Park Third Addition and the east line of Lot 1 Block 1; of Subdivison Asleson Farms First Addition, then north 87 Degrees 36 Minutes 47 Seconds east a distance of 60 feet along westerly extension of north line of Subdivision Lot 1, Block 1; to Point of Beginning.

Lots 1 and 2, Block 1; Asleson Farms First Addition.

Lot 1, Block 1; Northland Addition.

Lot 1, Block 1; Northland Second Addition.

Lot 1, Block 1; Adams Third Subdivision.

Lots 3-5, Block 1; a replat of Willard Grager’s First Addition.

NOW, THEREFORE, BE IT RESOLVED, That Storm Sewer Repairs and Incidentals Improvement District No. UR-20-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. UR-20-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. UR-20-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 $928,495.26.)

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. UR-20-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. UR-20-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. UR-20-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 Repairs 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 Repairs and Incidentals Improvement District No. UR-20-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 Repairs 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.

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

State Water Commission Request for Cost Reimbursement for FM Diversion Flood Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $4,111,403.41 for cost reimbursement for the FM Metropolitan Area Flood Risk Management Project for December 2019. He said the costs are for soil-boring payments to landowners, land for the Diversion channel, upstream mitigation, flowage easements and storm water drainage, residential relocation assistance and pay applications for various flood risk management projects.

Commissioner Grindberg moved the cost reimbursement request in the amount of $4,111,403.41 for the FM Diversion Flood Project be approved as presented.

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

Planning Staff Directed to Initiate a Text Amendment to the Land Development Code to Amend Fargo Municipal Code Section 20-0403 Regarding Accessory Uses, to Revise or Eliminate the Prohibition of Firearms and Ammunition Sales as a Home Occupation:
The Board received a communication from City Attorney Erik Johnson stating Commissioner Gehrig had received an inquiry regarding the prohibition of firearm and ammunition sales as a home occupation and Commissioner Gehrig would like the City Commission to review this particular provision of the Land Development Code (LDC) and consider repealing the prohibition. He said the City undertook a major rewrite of the City’s zoning laws and subdivision requirements in the mid-1990s, culminating in the adoption of the LDC in 1998. With the new LDC, he stated, the City’s home occupation rules were converted from the traditional model to one by which home occupations were placed into one of two categories: Minor Home Occupations and Major Home Occupations. Minor Home Occupations allowed use of the home for any occupation so long as no employees or customers come to the site and the occupation consumed less than one-fourth of the floor area, he said, and Major Home Occupations must first be approved by the Planning Commission, then notice is given to neighboring property owners and a Public Hearing is held. Certain occupations are completely prohibited, he said, including vehicle repair, dispatch centers, mortuaries, and animal care and boarding facilities. He said the City’s Home Occupation law was revised in 2001 and firearm sales and ammunition sales were added to the list of prohibited occupations. He said should the City Commission wish to review the treatment of firearms and/or ammunition sales as a prohibited home occupation, he would recommend that the Board refer the matter to the Planning Department as a proposed Text Amendment to the LDC and direct the City Attorney to work with the Planning Department regarding such process.

Commissioner Gehrig said he was contacted by residents who were reapplying for their Federal Firearms License (FFL) and were denied due to the City prohibiting this type of business in homes. Basically, he said, the City is not allowing residents to do something from their home that is legal. He would like a Planning Department discussion and an opportunity for residents to be heard, he said, then it can come back to the Board to determine whether there was good reason or not and a vote could be taken at that point.

Mr. Johnson said the LDC, unlike the rest of the City Ordinances, goes through the Planning Commission for a public hearing and a recommendation. He said the motion suggested is to send it back to Planning staff who will work up an appropriate report and ultimately put something before the Planning Commission, then bring their recommendation to the City Commission.

In response to a question from Commissioner Grindberg on how this may supersede State law, Mr. Johnson said there is a statute regarding firearm laws. He said it limits cities, prevents them from enacting Ordinances relating to purchase, sale, ownership, possession, transfer and are more restrictive than State law. The comment has been made that the provision in State law should override what cities do, he said, and there is another body of law that indicates zoning laws are not directly restricting firearms sales, it restricts the use of the home. He said there has been case law that supports the idea that cities have the authority to regulate zoning laws, be it commercial or residential.

In response to a question from Commissioner Strand about FFL, Mr. Johnson said a permit is needed from the Bureau of Alcohol, Tobacco and Firearms (ATF) to sell or transfer ownership of firearms.

Commissioner Gehrig said, for example, if a person orders a rifle, it cannot just be sent to their home, there has to be a background check. He said in the past, he has ordered a .22 rifle online and had it sent to a license holder in Moorhead. He said he filled out paperwork there, the license holder calls the ATF and FBI and the background checks are done, and there is a small fee. If the background check is not passed, he said, the weapon would be sent back. The people who do this out of their home do not have big stockpiles of weapons, he said, they usually just do these type of transfers.

Commissioner Piepkorn said he would like Law Enforcement involved along with the Planning Department. He said he would not be comfortable having a gun store in his neighborhood and ammunition manufacturing in a neighborhood is not appropriate.

Commissioner Gehrig said he would like to find out if there was good reason or whether it was an anti-gun thing. He said he would like to hear from those involved at the time to see what the process was and if that thought process still holds water today.

Commissioner Piepkorn said what he had heard was that it was due to someone who wanted to reload shotgun shells and sell them as a business in their garage. It is not the City’s business if people are buying and selling on the Internet, he said; however, having a gun store within a neighborhood is a completely different thing. He said it will be a good discussion; however, he would not want the Commission to get involved in a whole Second Amendment discussion.

In response to a question from Commissioner Strand asking why this Ordinance was changed in 2001, Mr. Johnson said the amendment was made along with some others at the same time. He said this just recently came up and the reasoning has not yet been determined.

Commissioner Strand said he could not imagine why the Board would want to make this change. What would the limits be after this, he asked, would someone be able to go down the street in an ice cream truck and sell bullets and guns? In this culture, in this day and age, do we want guns, bullets and ammunition everywhere, he asked, do we want everybody packing guns?

Mr. Johnson said removing the prohibition of firearms and ammunition sales from the LDC could still allow some commercial activities to be regulated; however, it would be limited to comply with State laws and there will be boundaries by the regulatory agencies. The question, he said, is whether the Board wants the zoning law to have this particular provision.

Commissioner Grindberg said his sense is this may be similar to when the question came up about how many chickens could be allowed in one’s backyard. He said there may not be that many of these operations going on in the City. He said a couple enterprises raised the issue and Commissioner Gehrig brought it forward. He said it is important to some people and important to recognize; however, he does not think it is that widespread.

Commissioner Gehrig moved appropriate Planning Staff be directed to initiate a Text Amendment to the Land Development Code to amend the Fargo Land Development Code (LDC) Section 20-0403 Regarding Accessory Uses, to Revise or Eliminate the Prohibition of Firearms and Ammunition Sales as a Home Occupation and direct the City Attorney to work with the Planning Department for such purposes.

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

Hearing on Application Filed by 3 Kings Lounge, LLC d/b/a 3 Kings Lounge for a Class “F” Alcoholic Beverage License Continued to 2/24/20:
A Hearing had been set for this date and hour on the application filed by 3 Kings Lounge, LLC d/b/a 3 Kings Lounge for a Class “F” Alcoholic Beverage License; however, City Auditor Steve Sprague has asked that this hearing be continued to February 24, 2020.

Commissioner Grindberg moved the Hearing be continued to 5:15 o’clock p.m. on Monday, February 24, 2020.

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.

Hearing on Alley Vacation of the Alley between Lot 12, Block 26 and a Part of Lot 7 and All of Lots 8-12, Block 25, Roberts Second Addition Continued to 2/10/20:
A Hearing had been set for August 12, 2019 on an application for the Alley Vacation of the alley between Lot 12, Block 26 and a part of Lot 7 and all of Lots 8-12, Block 25, Roberts Second Addition (1001 NP Avenue North and 28 10th Street North).
At the August 12, 2019 Regular Meeting the Hearing was continued to August 26, 2019.
At the August 26, 2019 Regular Meeting the Hearing was continued to October 21, 2019.
At the October 21, 2019 Regular Meeting the Hearing was continued to November 18, 2019.
At the November 18, 2019 Regular Meeting the Hearing was continued to January 27, 2020.
At the January 27, 2020 Regular Meeting the Hearing was continued to this day and hour; however, the applicant has requested the Hearing be continued to February 10, 2020.
Commissioner Grindberg moved the hearing be continued to 5:15 o’clock p.m. on Monday, February 10, 2020.
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.

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Amanda and Tyler Barton, 1819 37th Avenue South (3 year).
b. Jonathan K. and Sadie M. Erickson, 161 South Woodcrest Drive North (5 year).
c. John R. and Anita B. Dobbs, 2450 Lilac Lane North (5 year).
d. Antoinette R. Gibney, 1220 8th Street North (5 year).
e. Devin F. Gaugler and Arielle M. Windham, 225 25th Avenue North (5 year).

Commissioner Piepkorn moved the applications be approved.

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

Commissioner Piepkorn moved that the Board adjourn to 5:00 p.m., Monday, February 10, 2020.

Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 5:17 o’clock p.m.