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Fargo City Commission - March 9, 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, March 9, 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: Fargo Cass Public Health reminds the community to use basic respiratory illness prevention measures to protect against coronavirus; electronic submittal for residential permits is available in the Inspections Department and electronic submittal of commercial projects should happen by 2021; at the Library, the Design-A-Bookmark Contest continues through March and the Seed Library is up and running; there were 1,021 vacant lots with infrastructure in Fargo at the end of 2019, with 257 houses permitted on lots within these subdivisions in 2019; and the parking garage at the Mercantile is under construction and slated to open in the fall of 2020, with construction on the mixed-use part of the building scheduled to start in mid-April.

Order of Agenda Approved:
Commissioner Gehrig moved the Order of the Agenda be approved, moving Item No. “29” from the Consent Agenda to the Regular Agenda.

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

Minutes Approved:
Commissioner Grindberg moved that the Minutes of the Regular Meeting of the Board held on February 24, 2020 be approved as read.

Second by Piepkorn. 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. Applications for Games of Chance:
a. Oak Grove Lutheran School for a raffle on 4/3/20.
b. NDSU Lions Club for a raffle on 4/15/20.
c. St. Mary’s Cathedral for a raffle on 5/17/20 (amended).
d. Healthcare Equipment Recycling Organization for a raffle and paddlewheels on 4/23/20.
e. Fargo Youth Hockey Association for a raffle and raffle board on 3/26/20.
f. Living Waters Lutheran Church for a raffle on 3/28/20.
2. Receive and File an Ordinance Amending Sections 21-0601 and 21-0603 of Article 21-06 of Chapter 21 of the Fargo Municipal Code Relating to Flood Plain Management.
3. Extension of the Moratorium Ordinance regarding the suspension of the issuance of new Taxicab and Vehicle for Hire licenses to July 1, 2020.
4. Request for Proposals for a professional fundraising assessment for a proposed Fargo Performance Center (RFP20065).
5. Exercising the option to piggyback on North Dakota State Contract No. 110 – STAGEnet Network Equipment/Audio/Visual/Video and contract with AVI Systems, Inc. to replace FARGODOME meeting room video projectors and relocate current projectors (PBC20110).
6. Financial Status Report Budget to Actual for year ending 12/31/19 (unaudited).
7. Change Order No. 3 for an increase of $16,463.25 for the Old City Hall Demolition Project.
8. Authorize the Fire Department to apply for the Assistance to Firefighters Grant in the amount of $662,086.00 for Self-Contained Breathing Apparatus and associated equipment.
9. Memorandums of Understanding with Family HealthCare.
10. Agreement for Services with Whitney Oxendahl.
11. Out-of-grade pay request for Conrad Binsfeld at the Public Health Department.
12. Resolution Approving Plat of BRB Addition (“Attachment A”).
13. Wildlife Management Program Report for 2019-2020 and Resolution authorizing program for 2020-2021 (“Attachment B”).
14. Sole Source Procurement with Master Construction Company, Inc. for winter dozer operations (SSP20060).
15. FAA Aerial Mosquito Spraying Authorization Application for Airborne Custom Spraying.
16. Purchase Agreement between City of Fargo and Case Plaza, LLC in the amount of $13,519.00 for property at 93 NP Avenue North (Project No. FM-14-92).
17. Developer and Right of Way Use Agreement with Roer’s Development and the Diocese of Fargo.
18. Memorandum of Offer to Landowner for the Purchase of an Easement (Temporary Construction Easement) and Permanent Easement (Storm Sewer) from Patrick W. and Katherine A. DeLaPointe (Project No. UR-20-A1).
19. Purchase Agreement in the amount of $575,000.00 with Roger A. and Deborah J. Thorseth for property located at 902 41st Avenue North (Project No. FM-19-A).
20. Purchase Agreement in the amount of $655,000.00 and Occupancy Agreement with Allison Kenninger for property located at 901 42nd Avenue North (Project No. FM-19-A).
21. Broadway Skyway Artwork Project License Agreement between the City of Fargo and Emily Williams-Wheeler.
22. Negative Final Balance Change Order No. 1 in the amount of -$355,747.64 for Project No. PR-19-C1.
23. Bid advertisements for Project Nos. SR-20-A, TR-20-A and TM-20-B.
24. Bid award to Asphalt Surface Tech Corp. in the amount of $66,990.00 for Project No. PR-20-A1.
25. Sole Source Procurement with Avista Technologies, Inc. for water treatment chemicals for the reverse osmosis system in the Membrane Water Treatment Plant (SSP20028).
26. Contracts and bonds for the Ground Transportation Center Improvement Projects.
27. Contract and bond for the Newman Outdoor Field Stadium Reroofing Project.
28. Bills in the amount of $6,234,910.63.

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.

Resolution of the City of Fargo, North Dakota Supporting the Establishment of Railroad Quiet Zones Within the City Limits (Improvement District No. TR-18-B0):
This item was moved to the Regular Agenda.

Final Balancing Change Order No. 4 for Improvement District No. BR-18-G1 Approved:
Commissioner Grindberg moved Final Balancing Change Order No. 4 for an increase of $12,738.36 for Improvement District No. BR-18-G1 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. SL-17-B1 Approved:
Commissioner Grindberg moved Final Balancing Change Order No. 2 for an increase of $8,217.01 for Improvement District No. SL-17-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.

Negative Final Balancing Change Order No. 3 for Improvement District No. NN-17-A1 Approved:
Commissioner Grindberg moved Negative Final Balancing Change Order No. 3 in the amount of -$5,033.20 for Improvement District No. NN-17-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 No. 17 for Improvement District No. BR-18-A1 Approved:
Commissioner Grindberg moved Change Order No. 17 for an increase of $10,230.00 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 No. 1 for Improvement District No. BR-19-A1 Approved:
Commissioner Grindberg moved Change Order No. 1 for adjustment to the casing pipe wall thickness for Improvement District No. BR-19-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.

Private Utility Relocation Payments for Improvement District No. BN-20-C1 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee stating Improvement District No. BN-20-C1 is for construction of the new urban roadway with storm sewer, water main and incidentals on 64th Avenue South from 25th to 33rd Streets. They said the described work requires the relocation of private utilities contained in the existing 10-foot easement along the corridor. The cost estimates, they said, are $2,650.00 to Cass County Electric to relocate an existing pole on the north side of 64th Avenue South and splice cable around the structure near 25th Street South, and $19,008.61 to Xcel Energy to relocate gas lines in multiple locations outside Drain 53.
Commissioner Grindberg moved the Private Utility Relocation Payments 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.

No Protests Received for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-A1:
The Statutory Resolution of Necessity for the construction of Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-A1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on February 3 and 10, 2020 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Grindberg moved that the Board declare that no protests have been filed to the construction of Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-A1.

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.

Bids Received for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-A1:
The bids for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-A1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., Wednesday, March 4, 2020 and the bids were found to be as follows:__

Border States Paving, Inc. Fargo, ND
Bid: $2,163,635.63

Dakota Underground Company Inc. Fargo, ND
Bid: $2,169,059.16

Northern Improvement Company Fargo, ND
Bid: $2,410,202.60

KPH, Inc. Fargo, ND
Bid: $2,582,223.80

Contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-A1 Awarded to Border States Paving, Inc. in the Amount of $2,163,635.63:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-A1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received March 4, 2020 for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-20-A1 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-20-A1 shows the bid of Border States Paving, Inc. of Fargo, North Dakota, in the sum of $2,163,635.63 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 Border States Paving, Inc. in the sum of $2,163,635.63 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-20-A1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Border States Paving, Inc. in the sum of $2,163,635.63, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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

No Protests Received for Storm Sewer Repairs and Incidentals Improvement District No. UR-20-A1:
The Statutory Resolution of Necessity for the construction of Storm Sewer Repairs and Incidentals Improvement District No. UR-20-A1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on February 3 and 10, 2020 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Grindberg moved that the Board declare that no protests have been filed to the construction of Storm Sewer Repairs and Incidentals Improvement District No. UR-20-A1.

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.

Bids Received for Storm Sewer Repairs and Incidentals Improvement District No. UR-20-A1:
The bids for Storm Sewer Repairs and Incidentals Improvement District No. UR-20-A1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., Wednesday, March 4, 2020 and the bids were found to be as follows:

Dirt Dynamics Fargo, ND
Bid: $689,391.10

Key Contracting, Inc. West Fargo, ND
Bid: $747,427.70

Dakota Underground Company, Inc. Fargo, ND
Bid: $916,790.19

Contract for Storm Sewer Repairs and Incidentals Improvement District No. UR-20-A1 Awarded to Dirt Dynamics in the Amount of $689,391.10:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Storm Sewer Repairs and Incidentals Improvement District No. UR-20-A1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received March 4, 2020 for Storm Sewer Repairs and Incidentals Improvement District No. UR-20-A1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Storm Sewer Repairs and Incidentals Improvement District No. UR-20-A1 shows the bid of Dirt Dynamics of Fargo, North Dakota, in the sum of $689,391.10 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 in the sum of $689,391.10 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Storm Sewer Repairs and Incidentals Improvement District No. UR-20-A1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dirt Dynamics for the sum of $689,391.10, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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

No Protests Received for Seal Coat and Incidentals Improvement District No. PR-20-C1:
The Statutory Resolution of Necessity for the construction of Seal Coat and Incidentals Improvement District No. PR-20-C1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on February 3 and 10, 2020 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Grindberg moved that the Board declare that no protests have been filed to the construction of Seal Coat and Incidentals Improvement District No. PR-20-C1.

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.

Bids Received for Seal Coat and Incidentals Improvement District No. PR-20-C1:
The bids for Seal Coat and Incidentals Improvement District No. PR-20-C1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., Wednesday, March 4, 2020 and the bids were found to be as follows:

Pearson Brothers, Inc. Hanover, MN
Bid: $687,895.19

Asphalt Surface Technologies Corporation St. Cloud, MN
Bid: $703,208.39

Asphalt Preservation Company, Inc. Detroit Lakes, MN
Bid: $724,418.60

Contract for Seal Coat and Incidentals Improvement District No. PR-20-C1 Awarded to Pearson Brothers, Inc. in the Amount of $687,895.19:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Seal Coat and Incidentals Improvement District No. PR-20-C1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received March 4, 2020 for Seal Coat and Incidentals Improvement District No. PR-20-C1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Seal Coat and Incidentals Improvement District No. PR-20-C1 shows the bid of Pearson Brothers, Inc. of Hanover, Minnesota in the sum of $687,895.19 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 Pearson Brothers, Inc. in the sum of $687,895.19 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Seal Coat and Incidentals Improvement District No. PR-20-C1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Pearson Brothers, Inc. for the sum of $687,895.19, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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

Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-19-A (64th Avenue South, Cass County Drain No. 53, I-29 and 76th Avenue South):
Commissioner Grindberg moved the following action be taken in connection with Storm Sewer Lift Station, Retention Pond and Incidentals Improvement District No. NN-19-A:

Adopt Resolution Creating Improvement District No. NN-19-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. NN-19-A in the City of Fargo, North Dakota, be created

LOCATION:
An area bound on the north by 64th Avenue South, bound on the east by Cass County Drain #53, bound on the south by 76th Avenue South and bound on the west by Interstate 29.

COMPRISING:
All unplatted land in the area bound on the north by 64th Avenue South, bound on the east by Cass County Drain #53, bound on the south by 76th Avenue South and bound on the west by Interstate 29 located in Section 11, T. 138 N, R. 49 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-19-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-19-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. NN-19-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 $2,667,042.15.)

Order Plans and Specifications for Improvement District No. NN-19-A:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. NN-19-A in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. NN-19-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. NN-19-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-19-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.

Direct City Auditor's Office to Call for Bids for Improvement District No. NN-19-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-19-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.

P.C.C. Paving, Site Grading, Structures, Storm Sewer, Water Main Replacement, Street Lighting, Sidewalk and Incidentals Improvement District No. BN-20-C (64th Avenue South from 25th to 33rd Street South):
Commissioner Grindberg moved the following action be taken in connection with P.C.C. Paving, Site Grading, Structures, Storm Sewer, Water Main Replacement, Street Lighting, Sidewalk and Incidentals Improvement District No. BN-20-C:

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

LOCATION:
On 64th Avenue South from 25th Street South to 33rd Street South.

COMPRISING:
Bounded on the north at the 1/4 Section lines of Section 2, Township 138 North, Range 49 West.

Bounded on the south at the 1/4 Section line of Section 11, Township 138 North, Range 49 West.

Bounded on the west at the Section line of Section 2 and Section 11, Township 138 North, Range 49 West.

Bounded on the east at 25th Street South, the east section line of Section 2 and Section 11, Township 138 North, Range 49 West.

All of the foregoing is located in the City of Fargo, Cass County, North Dakota and its Extra-Territorial Area.

NOW, THEREFORE, BE IT RESOLVED, That P.C.C. Paving, Site Grading, Structures, Storm Sewer, Water Main Replacement, Street Lighting, Sidewalk and Incidentals Improvement District No. BN-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. BN-20-C:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-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 $7,900,605.67.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-20-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-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. BN-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 Improvement District No. BN-20-C 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 P.C.C. Paving, Site Grading, Structures, Storm Sewer, Water Main Replacement, Street Lighting, Sidewalk and Incidentals Improvement District No. BN-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 a portion of said P.C.C. Paving, Site Grading, Structures, Storm Sewer, Water Main Replacement, Street Lighting, Sidewalk and Incidentals improvement is to be paid from State and Local Funds, and approximately 56% 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 P.C.C. Paving, Site Grading, Structures, Storm Sewer, Water Main Replacement, Street Lighting, Sidewalk 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.

Direct City Auditor's Office to Call for Bids for Improvement District No. BN-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. BN-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.

Contract for Water Main Replacement, Street Reconstruction, Asphalt Mill and Overlay and Incidentals Improvement District No. BR-20-E1 Approved:
Commissioner Grindberg moved the Contract between the City of Fargo and Northern Improvement Company for Water Main Replacement, Street Reconstruction, Asphalt Mill and Overlay and Incidentals Improvement District No. BR-20-E1 in the City of Fargo, North Dakota, 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.

Contract Bond for Water Main Replacement, Street Reconstruction, Asphalt Mill and Overlay and Incidentals Improvement District No. BR-20-E1 Approved:
Commissioner Grindberg moved the following described Contract Bond be approved as to sufficiency:
Western Surety Company, in the amount of $1,754,601.35, for Water Main Replacement, Street Reconstruction, Asphalt Mill and Overlay and Incidentals Improvement District No. BR-20-E1 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.

Contract for Sanitary Sewer, Water Main, Storm Sewer, Street Reconstruction and Incidentals Improvement District No. BR-20-C1 Approved:
Commissioner Grindberg moved the Contract between the City of Fargo and KPH, Inc. for Sanitary Sewer, Water Main, Storm Sewer, Street Reconstruction and Incidentals Improvement District No. BR-20-C1 in the City of Fargo, North Dakota, 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.

Contract Bond for Sanitary Sewer, Water Main, Storm Sewer, Street Reconstruction and Incidentals Improvement District No. BR-20-C1 Approved:
Commissioner Grindberg moved the following described Contract Bond be approved as to sufficiency:
Western Surety Company, in the amount of $2,492,014.65, for Sanitary Sewer, Water Main, Storm Sewer, Street Reconstruction and Incidentals Improvement District No. BR-20-C1 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.

2019 Fargo Police Department Annual Report:
Police Chief David Todd said the City's crime rate stayed steady with a 3 percent overall increase in 2019 that included a decrease in murders and drunk driving arrests and increases in sexual assaults, aggravated assaults and robberies. He said serious crimes increased 1 percent in 2019, while minor crimes increased 3 percent. He said there were five murders in 2019 compared to six murders in 2018 and opioid overdose deaths had fallen by about half, while overdose deaths overall stayed about the same, reflecting an increase in fatal methamphetamine overdoses. He said methamphetamine use is rising steadily and it is coming to this area from Mexico. He said he attributes the decrease in opioid overdose deaths to an intensive education campaign and the distribution of Narcan kits to Police and other first responders. The number of arson cases increased 83.3 percent to 11 cases last year, up from six the year before, he said, and traffic citations were down 2 percent. Drunk driving arrests were down 15 percent, he said, and believes the decrease is due to education and ride sharing services such as Lyft and Uber. He said Fargo Police handled 3,972 traffic crashes in 2019, a drop of 7 percent from the previous year. He said this decrease could be attributable, in part, to technology in vehicles, such as rearview cameras and traffic sensors. Calls for service went up 4 percent for a total of 93,590, he said, or about 256 calls per 24-hour period. He explained there are three primary philosophies at the Fargo Police Department: community oriented policing, which develops relationships to solve problems within the community; CompStat, where data is used to develop patterns or trends of crime; and Intelligence-Led Policing where information on the people who are doing the crimes is tracked including their methodology, warrants, probation or parole and driving status, all of which is used to try to curtail their activity. He said his vision for the Police Department is to have the most professional, best-equipped and well-trained officers and detectives and use best practices to have a healthy and positive work atmosphere that attracts and keeps the best. He said the Police Academy will start in May and will identify people with the integrity and character that match Fargo’s values. He said being able to train officers the “Fargo Police Department way” will create many efficiencies. After the training program, he said, there is a mentoring program with older officers who will coach younger officers along in their careers and develop career track guides for officers interested in specialty positions or supervisory positions within the Department. He said there are numerous committees within the Police Department, including the Chief’s Leadership Advisory, Promotion Process, Uniform, Policy, Squad Car, Shift Structure, Beat Structure and Wellness. Newsletters include the Chief’s Friday Recap, Street Crimes, Narcotics, Office of Professional Standards, as well as daily briefings and weekly Investigations Division meetings, he said. The emphasis has been on building trust with the community by taking part in speaking engagements, he said, a pro-active social media presence and a pro-active marketing strategy to build a positive Department image and to engage the community. Some of the initiatives that have been implemented are a new promotion process, education-based discipline, multi-jurisdictional street crimes and narcotics units, a spouses’ auxiliary, formal swearing-in ceremonies, a wellness program called “Mind, Body and Soul,” a physical readiness assessment for sworn officers, comprehensive annual medical checkups and a new detective training course. He said increases in property crimes reflect the City's drug problem due to the fact that people steal to buy street drugs. The City's growing population and societal changes also explain the gradual increase in crime, he said, and according to the report, Fargo had about 36 crimes per 1,000 residents in 2019. He said as the City grows and becomes more of a metro area, there will be more challenges. Unfortunately, he said, he sees a different attitude about responsibility for others and their property.
Commissioner Gehrig said it would be helpful if the annual Police reports included crime trend information so there is more context for what could be a blip or a spike in the statistics.

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 April 6, 2020:
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 December 16, 2020.
At the December 16, 2019 Regular Meeting the Hearing was continued to January 27, 2020.
At the January 27, 2020 Regular Meeting the Hearing was continued to February 10, 2020.
At the February 10, 2020 Regular Meeting the Hearing was continued to February 24, 2020.
At the February 24, 2020 Regular Meeting the Hearing was continued to this day and hour; however, the applicant has requested the Hearing be continued to April 6, 2020.
Commissioner Grindberg moved the hearing be continued to 5:15 o’clock p.m. on Monday, April 6, 2020.

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.

City of Fargo’s Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2020 Approved:
A Hearing had been set for February 24, 2020 to consider the City’s Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2020.
At the February 24, 2020 Regular Meeting the Hearing was continued to this day and hour.
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 2020 Program of Projects Grant made available to the City of Fargo this year is $2,807,164.00, which is a 3 percent increase over last year. Of that amount, she said, $548,915.00 is included for meeting Small Transit Intensive Cities Performance Data indicators. Other programs to be funded with this grant, she said, are maintenance costs, planning and operating assistance and paratransit. She said it is also required that 1 percent of the total allocation be spent on safety and security measures, which the Transit Department has never had a problem reaching.

In response to a question from Commissioner Grindberg asking if this grant syncs with any of the City’s capital commitments on planned renovations at the Ground Transportation Center, Ms. Bommelman said it does not and there are no changes in the planned forecasts with federal money and local money for the project, which is completely separate from this grant.

In response to a question from Commissioner Piepkorn asking if the grant is based on population and what could change after this year’s census, Ms. Bommelman said Fargo is currently considered a “small transit intensive city,” which this year meant an additional $548,000.00. She said once the new census is completed, the anticipation is that the Fargo-West Fargo population will be over 200,000, the City will still get allocations; however, the funding calculations will be different. Moorhead gets a separate allocation, she said.
Commissioner Strand moved the Program of Projects for 2020 and the Federal Transit Grant Award of $2,807,164.00 be approved.

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

Parcels of Land in Bentley Place First Addition Rezoned, Planned United Development Overlay and Planned Unit Development Master Land Use Plan Approved (5601 33rd Avenue South):
At a Hearing held on February 4, 2020 the Fargo Planning Commission recommended approval of a change in zoning from LC, Limited Commercial with a
C-O, Conditional Overlay, to LC, Limited Commercial with a PUD, Planned Unit Development Overlay and a Request to repeal the C-O, Conditional Overlay and a PUD Master Land Use Plan on Bentley Place 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.

Planning Coordinator Donald Kress said the Eagle Ridge mixed-use project intends to blend commercial and multi-family residential design standards to create an urban and vibrant life, work and play setting. The project proposes eight mixed-use buildings, he said, that will consist of about 650 residential units, 40,000-square-feet of commercial space, a plaza and underground parking.

Jim Bullis, a representative of Eagle Ridge Development, said his company’s new office building headquarters is adjacent to this site and a second commercial office building is under construction. He said Eagle Ridge Development wants to do something special with this piece of property, which is in a very good location in Fargo and the company would like to get as many people as it can into that area to help support commercial businesses.

Commissioner Grindberg said this is an exciting project and what is happening in the Veterans Boulevard area is amazing. He said this project would be a nice complement to the area.
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning, Planned Unit Development (PUD) Overlay and Planned Unit Development Master Land Use Plan have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

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

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Bentley Place 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 Bentley Place 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, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Parcels of Land in Osgood Townsite Eleventh Addition Rezoned (4711, 4731, 4751 and 4781 45th Street South):
At a Hearing held on February 4, 2020 the Fargo Planning Commission recommended approval of a change in zoning from LC, Limited Commercial with
a C-O, Conditional Overlay to GC, General Commercial with a C-O Conditional Overlay.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Planning Coordinator Donald Kress said the applicant is proposing a mixed use building that will have commercial retail on the first floor and apartment buildings on floors two through four. In order to allow for a four-story building, he said, the applicant is requesting a zone change and the removal of the conditional overlay that restricts the height of the structure. He said the four-story building complies with the height requirements of the Residential Protection Standards.
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

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

First Reading of an Ordinance Rezoning a Certain Parcel of Land Lying in Osgood Townsite Eleventh Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Grindberg moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning a Certain Parcel of Land Lying in Osgood Townsite Eleventh 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, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Engineering Services Agreement Amendment No. 2 for Improvement District No. BN-20-A0 Approved:
City Engineer Brenda Derrig said the original Request for Proposal (RFP) for this project went out in 2018; however, due to cost overruns on projects statewide, the NDDOT asked that the project be pushed back a year. By pushing the design into this year, she said, all of the Engineering staff is committed to water main replacement projects and is unable to complete the environmental documentation. She said the Amendment will be to the Engineering Services Agreement already in place with Apex Engineering and covers an additional conceptual layout request by the Federal Aviation Administration (FAA), additional sub-consultant work related to wetland delineation, additional survey work, continued project administration, public meetings, easement exhibits, construction support and utility coordination and permitting. To start another RFP and bring in another contractor at this time would be problematic, she said, due to the fact that the environmental documentation is integral to the project. Once the final design is complete, she said, a second RFP would be issued for construction management of the project.

In response to a question from Commissioner Gehrig asking either way will the money for an environmental study for this project be spent, Ms. Derrig said it will.
Commissioner Piepkorn moved Engineering Services Agreement Amendment No. 2 with Apex Engineering Group for Improvement District No. BN-20-A0 be approved.

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

Request for Proposals to Develop City-Owned Property Approved (314, 320, 324 7th Street North; 712 4th Avenue North): Resolution Authorizing Sale of Property Adopted (11 11th Street North):
The Board received a communication from Planning Director Nicole Crutchfield stating in May 2018, the Board approved exchanging properties at 708 4th Avenue North, owned by the Kilbourne Group and at 11 11th Street North, owned by the City. However, she said, the 11 11th Street North property was acquired using Community Development Block Grant (CDBG) funds from the Department of Housing and Urban Development (HUD). She said with HUD requirements related to property disposition, the process became slower than planned. She said the intention of the exchange was based on the fact that the City had acquired a group of properties surrounding 708 4th Avenue North and cleared three blighted and hazardous homes, 712 4th Avenue North, and 314, 320 and 324 7th Street North. In addition to clearing slum and blight, the Community Development Committee had declared this cluster of properties to be used for future affordable housing, which is another CDBG-eligible activity. Moving forward, she said, and terminating the concept of the exchange, there are two steps needed in order to proceed with the disposition of both City-owned properties. She said staff recommends proceeding with a 30-day public comment period for processing a Change of Use with HUD on City-owned properties. She said for the properties on 7th Street North, staff would like to issue an RFP seeking proposals that would meet a CDBG activity and the intent is to donate the land to an eligible developer in order to meet CDBG intent and create affordable housing; and for the 11 11th Street North property, staff recommends selling the property at the fair market value of $127,500.00, thus removing it from future CDBG activities. Proceeds from the sale, she said, would replenish the City’s line of credit with HUD for future CDBG activities.
Commissioner Grindberg moved the Request for Proposals for redevelopment of 314, 320 and 324 7th Street North, and 712 4th Avenue North be approved.

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.

Commissioner Grindberg moved the Resolution entitled “Resolution Authorizing Sale of Property (11 11th Street North)” and referred to as Attachment “D,” be adopted and attached hereto.

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

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Mary Haunson, 1812 34th Street South (3 year).
b. Larry W. and Stacy M. Lee, 2525 32nd Street South (3 year).
c. Donald S. and Glenda A. Haugen, 4007 17th Street South (3 year).
d. Jane C. Vogelwede and David W. Abbott, 2961 Peterson Parkway North (3 year).
e. Michael P. and Robin D. Bogart, 514 21st Avenue South (5 year).
f. Roger L. II and Rebecca A. Gilbertson, 722 Southwood Drive South (5 year).
g. Sigurd H. Johnson and Ruth A. Varland, 433 Elmwood Avenue South (5 year).
h. Case Plaza LLC, 117 Northern Pacific Avenue North (5 year).
i. Molly A. and Benjamin Askegaard, 1315 6th Street South (5 year).
j. Jonathan Michael Libbrecht, 1727 5th Street South (5 year).
k. Riley and Jennie Rude, 423 8th Street South (5 year).
l. Shanon G. and Christine L. McLachlan, 1339 9th Street North (5 year).
m. Brent and Laura Nichols, 1617 9th Street South (5 year).
n. Jesse M. and Betsy A. Smith, 1709 14 ½ Street South (5 year).
o. Richard and Kimberly Rayl, 1011 Southwood Drive South (5 year).
p. Alexander D. and Megan J. Dornbusch, 718 25th Street North (5 year).
q. Kenneth D. Cottrell and April E. King, 1105 7th Street South (5 year).
r. Bakntyar Rasool Murad, 1038 25th Street North (5 year).
s. Mark Schmidt, 505 19th Avenue North (5 year).
t. Kristen L. Bye, 1024 11th Street North (5 year).
Commissioner Piepkorn moved the applications be approved.

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

Spring Flood Update:
Division Engineer Nathan Boerboom said preparations have been ongoing for the past several weeks and the current probabilistic forecast issued about 10 days ago shows Fargo still has a good chance of a significant flood, depending on the melt and any additional moisture. The numbers have decreased a bit, he said, primarily due to the great weather pattern and no moisture. The charts show that the 59 percent mark is right around the 35-foot level, he said, which would be the same as last year and the 10 percent number is similar to 2011. He said there have not been any changes in the prediction for the Sheyenne River at 91.4 feet, which means in areas north and west of West Fargo and in the Harwood area, that number is higher than what was experienced last year and will more than likely exceed last year with significant overland flooding. He said the City is planning for the 39-foot crest and will not start deploying any flood control measures until water starts flowing into the river system. He said if the City experiences a 39-foot crest, the City will need to construct about 8 miles of emergency measures. In comparison, he said, in 2011 the City constructed 28 miles of emergency measures. He said when the engineers start to see water moving, they like to have a suite of options and be fully prepared and ready to go. That way the City can react accordingly, he said, and if the river goes higher than 39 feet, there is a plan in place to easily implement what is needed. He said the goal is always to be able to pull back and adjust. For a point of reference, he said, there are about 22 locations throughout the City where the construction of clay levees would be needed, five locations that will need Trap Bags and about 10 locations where sandbagging operations will need to happen.

Solid Waste Utility Director Terry Ludlum said the City is partnering with Cass County to fill 400,000 sandbags, of which Fargo needs about 250,000 and Cass County needs 150,000. He said Sandbag Central will open next week and after the sandbags are filled, Fargo’s sandbags will be stored inside a Public Works building and Cass County’s will be stored at the County Highway Department. In order to meet the 400,000 goal, he said, 200 volunteers are needed at any point in time during the day to run the spider machines at the most optimization.

Assistant City Planner Mark Williams said the volunteer outlook is good so far and a good reference for volunteering information is the City of Fargo website.

Mr. Boerboom said there are several contracting actions required by the Board tonight, all related to flood fight preparations. He said the contracts are for rapid deploy and removal, traffic control, sandbag transportation, pump rental and volunteer coordination.

Bid Awards for Rapid Deploy Products Install and Removal Approved (Project Nos. FE-20-D1 and FE-20-D2):
The Board received a Report of Action stating following review of proposals for Rapid Deploy Products Install and Removal Project Nos. FE-20-D1 and FE-20-D2, the Selection Committee evaluated the contractors and looked at the ability of contractors to field enough crews should it become necessary. They said based on the sensitivities of the flood schedule and potential short time frames to install rapid deploy products, it was decided to award contracts to two separate contractors, KPH, Inc. for Project No. FE-20-D1 and Master Construction Company for Project No. FE-20-D2.

Commissioner Strand moved the bid awards to KPH, Inc. and Master Construction Company for rapid deploy products installation and removal for Project Nos. FE-20-D1 and FE-20-D2 be approved.

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

Bid Award for the 2020 Flood Emergency Traffic Control Contractor Assistance Citywide Approved (Project No. FE-20-C1):
The Board received a Report of Action stating that following a review of proposals for 2020 flood emergency traffic control contractor assistance, the Selection Committee ranked the firms for selection of the preferred contractor and the top firm was identified as Northstar Safety, Inc.
Commissioner Strand moved the bid award to Northstar Safety, Inc. for the 2020 flood emergency traffic control contractor assistance citywide be approved.

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

Bid Award for Transportation and Handling of Filled Sandbags and “At-the-Ready” Services During the 2020 Flood Event Approved:
The Board received a communication from Solid Waste Utility Director Terry Ludlum stating proposals for the transportation and handling of filled sandbags and
“At-the-Ready” services for filled sandbags were submitted based on a production schedule with a goal of 400,000 filled bags. He said it is anticipated that sandbag production will be a four-day period of 12-hour days and based on the evaluation of the two proposals received, staff is requesting authorization to enter into a formal agreement with Reile’s Transfer and Delivery Inc. in the amount of $82,080.00. He said the exact costs for handling and deployment of filled sandbags would be based on future National Weather Service projections. In 2019, he said, the handling and placing of filled sandbags in areas designated for storage was approximately $32,000.00.
Commissioner Strand moved appropriate staff be authorized to enter into an agreement with Reile’s Transfer and Delivery, Inc. for transportation and handling of filled sandbags and “At-the-Ready” services during the 2020 flood event.

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

Bid Award for 2020 Emergency Flood Pump Rental Approved:
The Board received a communication from Director of Public Works Ben Dow stating three proposals were received in response to a Request for Proposals (RFP20043) for emergency flood pump rentals. Based on a review of the stated criteria, he said, the proposal selection committee recommends the award of the 2020 emergency flood pump rental contract to Bierschbach Equipment and Supply.
Commissioner Strand moved the bid award to Bierschbach Equipment and Supply for the 2020 emergency flood pump rental be approved.

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

Agreement with FirstLink for Coordination of Volunteer Services Approved:
The Board received a communication from Director of Finance Kent Costin stating FirstLink has provided volunteer coordination services in past flood events. He said the existing contract with FirstLink was approved in 2011 and staff recommends a contract renewal for this flood event.
Commissioner Strand moved the agreement with FirstLink for coordination of volunteer services be approved.

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

Resolution Adopted Supporting the Establishment of Railroad Quiet Zones Within the City Limits (Moved from the Consent Agenda):
Traffic Engineer Jeremy Gorden said this Resolution goes along with the City’s work to get a quiet zone at two crossings jut south of North Dakota State University, with one on 7th Avenue North and the other at 16th Street North. He said this Resolution is asking the Commission to support staff as the application is put together for the City’s Notice of Intent to the Federal Rail Administration. He said once the paperwork is completed and submitted to the Federal Rail Administration, that officially starts the clock on determining whether or not the two crossings could have a quiet zone or not.

In response to a question from Mayor Mahoney asking if this would affect the City’s budget, Mr. Gorden said it was always the plan to have a quiet zone project in 2021, so it would not be this year and the plan is to fully special assess the project.

Commissioner Strand said he asked that this item be moved from the Consent Agenda to the Regular Agenda due to the fact that he hears from residents every few months or so wanting to know the status of quiet zones in this area; therefore, it is good to have an update and timeline.

Mr. Gorden said he is excited for the project; however, it is a lot of paperwork when dealing with federal agencies. He said once the City submits the paperwork, there will be meetings with the railroad officials onsite to be sure that quiet zones can be created at the particular crossings, then negotiations start with the railroad about what devices are needed and some will have to be designed, which could take six to nine months.
Commissioner Grindberg moved the Resolution entitled "A Resolution of the City of Fargo, North Dakota Supporting the Establishment of Railroad Quiet Zones Within City Limits" and referred to as Attachment "C," be adopted and attached hereto.

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

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, March 23, 2020.

Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 5:56 o’clock p.m.