Board of City Commissioners - February 12, 2018 Minutes

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Room at City Hall at 5:00 o'clock p.m., Monday, February 12, 2018.

The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg (via conference call), Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

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

Minutes Approved:
Commissioner Piepkorn moved that the Minutes of the Regular Meeting of the Board held on January 29, 2018 be approved as read.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.

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

1. 1st reading of the following Ordinances:
a. Amending Section 10-0304, of Article 10-03 of Chapter 10 of the Fargo Municipal Code Relating to Public Safety, Morals and Welfare.
b. Amending Section 25-1506, of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages.
2. 2nd reading of the following Ordinances; 1st reading on 1/29/18:
a. Rezoning Certain Parcels of Land Lying in Timber Parkway Second Addition to the City of Fargo, Cass County, North Dakota.
b. Rezoning a Certain Parcel of Land Lying in Valley View Second Addition to the City of Fargo, Cass County, North Dakota.
3. Receive and file Summons and Petition for Writ of Mandamus in the matter of Aaron L. Cockfield v. City of Fargo.
4. Receive and file Investment Report for the quarter ended December 31, 2017.
5. Receive and file Fourth Quarter Financial Status Report for Major Operating Funds through December 31, 2017.
6. Receive and file General Fund – Budget to Actual through January 31, 2018 (unaudited).
7. Five-year Indigent Defense Service agreements with Joe Johnson and Stormy Vickers for January 1, 2018 through December 31, 2022.
8. Applications for Games of Chance:
a. Josh Jensen Benefit for a raffle board on 3/10/18; Public Spirited Resolution.
b. St. Joseph’s School for a raffle on 3/17/18.
c. Fargo Moorhead Derby Girls for a raffle on 3/17/18.
d. NDSU Men’s Lacrosse Team for a raffle on 3/24/18.
e. Fargo Elks Lodge #260 for a calendar raffle from 5/1/18 to 5/31/18.
f. United Way of Cass-Clay for a raffle board on 2/24/18.
g. Fargo North PTSA for a raffle on 4/22/18.
h. University Lutheran Center for a raffle on 2/26/18.
9. Tax exemptions for improvements made to buildings:
a. Roger C. and Diane Genoch, 1502 28th Avenue South (3 year).
b. Blake A. and Addie R. Fidler, 1808 26 1/2 Court South (3 year).
c. Tyler J. Leverington, 746 Elm Street North, Unit C2 (5 year).
d. Ryan J. Nagle and Kjersten R. Nelson, 409 8th Avenue South (5 year).
e. Kenton R. Rodgers and Gudrun S. Lukat-Rodgers, 2820 Hickory Street North (5 year).
f. Travis J. and Alison L. Hoeg, 2586 Willow Road North (5 year).
g. Katie E. and Ryan Habgood, 1302 4th Street North (5 year).
h. Thomas A. and Denise K. Eide, 1005 9th Street South (5 year).
i. David C. and Jane E. Dahlgren, 1361 4th Street North (5 year).
j. Karlgaard Properties LLC, 734 College Street North (5 year).
10. Bid award in the amount of $149,600.00 to Roers Construction for handicap seating upgrades at the FARGODOME.
11. Bid award in the amount of $232,000.00 to Minko Construction, Inc. for suite finish upgrades at the FARGODOME.
12. Contract Agreement with Jeremiah Program to provide a breastfeeding friendly environment for their employees.
13. Agreement for Services with Jeff Knight to create branding for the Cass Clay Food Partners gleaning project.
14. Purchase of Service Agreement with the ND Department of Health for targeted testing for tuberculosis infection and treatment (CFDA #93.116).
15. Agreement for Services with the American Lung Association for tobacco prevention (RFP17386).
16. Sole Source Procurement for replacement wear parts from Electric Pump Co. for Sanitary Lift Station Nos. 19, 23 and 25 in the amount of $110,406.50.
17. Programmatic Categorical Exclusion document for Project No. SN-18-A1.
18. Engineering Services Agreement Amendment No. 3 with Houston Engineering, Inc. for Project No. FM-15-F2.
19. Change Order No. 1 for an increase of $51,600.00 for Project No. TR-17-B1.
20. Bid advertisement for Project Nos. FM-15-K and PR-18-A.
21. Purchase of property at 1213 El Cano Drive South and direct engineering staff to negotiate the purchase of 4003 Copperfield Court once an updated appraisal has been received.
22.Change Orders for the City Hall Project:
a. No. 18 for an increase of $4,042.00 for the general contract.
b. No. 10 for an increase of $2,165.00 for the mechanical contract.
c. No. 11 for an increase of $4,881.00 for the mechanical contract.
d. No. 10 for a decrease of $1,303.00 for the electrical contract.
23. Change Orders for the Police Department Remodeling Project at the Border States Electric Building:
a. No. E-4 for an increase of $10,826.50 for the electrical construction contract.
b. No. G-4 for an increase of $2,421.00 for the general construction contract.
24. Bid award in the amount of $85,896.68 to Thermo Fisher Scientific for a Gas Chromatography/Mass Spectrometer at the Water Treatment Plant.
25. Bills in the amount of $ 6,497,211.57

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

Engineering Services Agreement Amendment No. 1 for Improvement District BR-18-C0 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) stating the Committee reviewed a letter from Transportation Division Engineer Jeremy Gorden relating to Amendment No. 1 in the amount of $37,026.00 for additional tasks outside the original scope of work.
Commissioner Strand moved the Engineering Services Agreement Amendment No. 1 with Apex Engineering Group in the amount of $37,026.00 for Improvement District BR-18-C0 be approved.

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

Final Balancing Change Order No. 3 for Improvement District No. PR-16-F1 Approved:
Commissioner Strand moved approval of Final Balancing Change Order No. 3 for an increase of $6,551.60 for Improvement District No. PR-16-F1.

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

Addition of Improvement District Nos. SL-17-A, SL-17-B and SL-17-C to the 2018 Capital Improvement Plan Approved:
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) stating the Committee reviewed correspondence from Transportation Division Engineer Jeremy Gorden regarding a recommendation to roll over Improvement District Nos. SL-17-A, SL-17-B and SL-17-C from the 2017 CIP to the 2018 CIP. They said the projects would be special assessed as per policy for the installation of streetlights.
Commissioner Strand moved the addition of Improvement District Nos. SL-17-A, SL-17-B and SL-17-C to the 2018 Capital Improvement Plan be approved.

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

Amendment to Road Use Agreement with Kilbourne Construction Management and DFI Roberts LLC, Fargo, Approved (Improvement District BR-17-L1):
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) stating Kilbourne Group has requested to extend the road use of right of way adjacent to Roberts Commons at 625 2nd Avenue North. They said the original road use agreement was approved by the Board on October 9, 2017. They said staff recommends extending the agreement with the following stipulations:
• Hold the City harmless against any and all expenses, demands, claims or losses sustained through use of the public right of way by the encroacher.
• Be responsible for paying all costs above and beyond those the City would have incurred to return the area to the current conditions.
• All items outlined in the original Road Use Agreement.
Commissioner Strand moved the Amendment to the Road Use Agreement with Kilbourne Construction Management and DFI Roberts LLC, Fargo, be approved with the recommended stipulations, waiving the application and annual fees.

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

Storm Sewer, P.C. Concrete Paving and Incidentals Improvement District No. BN-18-G (33rd Street North from 40th to 46th Avenue North):
Commissioner Strand moved the following action be taken in connection with Storm Sewer, P.C. Concrete Paving and Incidentals Improvement District No. BN-18-G:
Adopt Resolution Creating Improvement District No. BN-18-G:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BN-18-G in the City of Fargo, North Dakota, be created
On 33rd Street North from 40th Avenue North to 46th Avenue North.
COMPRISING:
Lots 1 through 2, Block 1.
Lots 1 through 7, Block 2.
All platted in RLN Business Park First Addition.
Lots 1 through 13, Block 1.
All platted in RLN Business Park Second Addition.
The unplatted land located in the Northwest quarter of Section 23, Township 140 N, Range 49 W. Bounded to the north by the north section line of said Section 23 and to the south by a line parallel to said section line a distance of 523’ south. Bounded to the east by the half section line of said section 23 and to the west by a line parallel to said half section line a distance of 1,478’ west.
All of the foregoing located in the City of Fargo, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That Storm Sewer, P.C. Concrete Paving and Incidentals Improvement District No. BN-18-G in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost from the City Engineer for Improvement District No. BN-18-G:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-18-G 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 $2,934,580.17.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-18-G:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-18-G in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. BN-18-G 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, P.C. Concrete Paving 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, P.C. Concrete Paving and Incidentals Improvement District No. BN-18-G 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, P.C. Concrete Paving and Incidentals must be in writing and must be filed with the City Auditor's Office within thirty days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

Direct City Auditor's Office to Call for Bids for Improvement District No. BN-18-G:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BN-18-G in the City of Fargo, North Dakota.

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

Bison Meadows Levee and Pond Project Improvement District No. FM-17-C (unplatted lots 6469 and 6475 University Drive South):
Commissioner Strand moved the following action be taken in connection with Bison Meadows Levee and Pond Project Improvement District No. FM-17-C:

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

Unplatted lots 6469 University Drive South and 6475 University Drive South, lying South of Glen Van Enk subdivision, East of Crofton Coves, West of South University Drive and North of Bison Meadows.

Bison Meadows Second Addition lying south of unplatted lots 6469 University Drive South and 6475 University Drive South, East of Crofton Coves, West of South University Drive and North of 70th Avenue South.

COMPRISING:
Lots 1-18, Block 1.
Lots 1-71, Block 2.
Lots 1-56, Block 3.
Lots 1-45, Block 4.
Lots 1-21, Block 5.
Lots 1-26, Block 6.
Lots 1-26, Block 7.
Lots 1-22, Block 8.
Lots 1-32, Block 9.
Lots 1-36, Block 10.
All platted within Bison Meadows Second Addition.

Unplatted lots 6469 University Drive South and 6475 University Drive South lying within the North half of the northeast quarter of Section 12, Township 138 North, Range 49 West, Fargo, North Dakota.
All of the foregoing, unless mentioned, is located in the City of Fargo, Cass County, North Dakota.

NOW, THEREFORE, BE IT RESOLVED, That Bison Meadows Levee and Pond Project Improvement District No. FM-17-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. FM-17-C:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. FM-17-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 $2,998,973.15.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. FM-17-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. FM-17-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. FM-17-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 Bison Meadows Levee and Pond Project 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 Bison Meadows Levee and Pond Project Improvement District No. FM-17-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 Bison Meadows Levee and Pond Project improvement is to be paid from Flood Sales Tax and approximately 48% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Bison Meadows Levee and Pond Project must be in writing and must be filed with the City Auditor's Office within thirty 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. FM-17-C:

Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. FM-17-C in the City of Fargo, North Dakota.

Second by Gehrig. On call of the roll Commissioners Strand, Gehrig, Grindberg, Piepkorn 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-18-E (Various Locations in South Fargo):
Commissioner Strand moved the following action be taken in connection with Seal Coat and Incidentals Improvement District No. PR-18-E:

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

LOCATION (Section 1):
On Riverwood Drive North from 515’ north of 43rd Avenue North to north end of road.

LOCATION (Section 2):
On Umber Court South.
On 28th Avenue South from 42nd Street South to Umber Court South.
On 30th Avenue South from 42nd Street South to 43rd Street South.
On Russet Avenue South from Sienna Drive South to 43rd Street South.
On 31st Avenue South from 42nd Street South to 43rd Street South.
On Auburn Avenue South from Sienna Drive South to 43rd Street South.
On Sienna Drive South from 32nd Avenue South to 30th Avenue South.
On Saffron Drive South from 30th Avenue South to Umber Court South.
On 43rd Street South from 32nd Avenue South to 30th Avenue South.

LOCATION (Section 3):
On Coventry Drive South from 43rd Avenue South to 44th Avenue South.
On 43rd Avenue South from 43rd Street South to Coventry Drive South.
On 44th Street South from 43rd Avenue South to 44th Avenue South.

LOCATION (Section 4):
On Great Plains Drive South from 38th Street South to 42nd Street South.
On 40th Street South from 40th Avenue South to Great Plains Drive South.

LOCATION (Section 5):
On 47th Avenue South from 53rd Street South to end of cul de sac west of 56th Street South.
On 48th Avenue South from 54th Street South to Veterans Boulevard South.
On 49th Avenue South from 53rd Street South to 55th Street South.
On 54th Street South from 47th Avenue South to 49th Avenue South.
On 55th Street South from 48th Avenue South to end of cul de sac south of 49th Avenue South.
On 56th Street South from 47th Avenue South to 48th Avenue South.

LOCATION (Section 6):
On 53rd Avenue South from 25th Street South to 27th Street South.
On Prairie Grove Avenue South from 25th Street South to 27th Street South.
On 54th Avenue South from 26th Street South to 27th Street South.
On 55th Avenue South from 26th Street South to 27th Street South.
On 56th Avenue South from 26th Street South to 27th Street South.
On 57th Avenue South from 26th Street South to 27th Street South.
On 26th Street South from 53rd Avenue South to 57th Avenue South.
On 27th Street South from 52nd Avenue South to 190’ south of 57th Avenue South.

LOCATION (Section 7):
On 55th Avenue South from 58th Street South to Deer Creek Parkway.
On 56th Avenue South from 58th Street South to Deer Creek Parkway.
On 57th Avenue South from 58th Street South to 61st Street South.
On 58th Street South from 55th Avenue South to 150’ south of 57th Avenue South.
On 59th Street South from 55th Avenue South to 56th Avenue South.
On 60th Street South from 55th Avenue South to 56th Avenue South.
On 61st Street South from 56th Avenue South to 140’ south of 57th Avenue South.
On 62nd Street South from 55th Avenue South to 56th Avenue South.

COMPRISING (Section 1):
Lots 1 through 10, Block 1.
Lots 1 through 10, Block 2.
All in Riverwood 1922 1st Addition.

Lot 1, Block 1, Votava 2007 Addition.

COMPRISING (Section 2):
Lots 2 through 23, Block 1.
Lots 1 through 10, Block 2.
Lots 1 through 10, Block 3.
Lots 1 through 11, Block 4.
Lots 1 through 22, Block 5.
Lots 1 through 19, Block 6.
Lots 1 through 9, Block 7.
Lot 1, Block 8.
Lot 1, Block 9.
All in Autumn Fields Addition.

Lots 1 through 3, Block 1, Autumn Fields 2nd Addition.

Lot 1, Block 1, Replat of Bethany South 1st Addition.

Lot 1, Block 2, Calico Prairie Addition.
Lots 3 and 6, Block 1, King 2nd Addition.

COMPRISING (Section 3):
Lots 1 through 6 and 8, Block 1.
Lots 1 through 3, Block 2.
Lot 1, Block 3.
Lot 1, Block 4.
All in Woodhaven 3rd Addition.

Lots 1 and 2, Block 1, Country Grove Addition.

COMPRISING (Section 4):
Lot 1, Block 1.
Lot 1, Block 2.
All in Great Plains Software Addition.

Lots 2 through 4, Block 1.
Lot 1, Block 3.
All in Prairie Tech Addition.

Lot 2, Block 1, Titan Machinery Addition.

Lot 1, Block 1, Vista Addition.

Lots 1 through 8, Block 1, Woodhaven Plaza Addition.

COMPRISING (Section 5):
Lots 1 through 19, Block 1.
Lots 1 through 24, Block 2.
Lots 1 through 34, Block 3.
Lots 1 through 26, Block 4.
Lots 1 through 59, Block 5.
All in Veterans Park 1st Addition.

COMPRISING (Section 6):
Lots 3 through 16, Block 1.
Lot 1, Block 4.
Lots 1 through 16, Block 5.
Lots 18 through 36, Block 5.
Lots 38 through 46, Block 5.
Lots 1 through 24, Block 6.
Lots 1 through 13, Block 7.
All in Prairie Grove 1st Addition.

Lots 1 and 2, Block 1, JOAW Addition.

Lots 3 and 4, Block 1, Prairie Grove 2nd Addition.

Lots 1 through 4, Block 1, Prairie Grove 3rd Addition.

Lots 1 through 23, Block 1, Whispering Creek 1st Addition.

Lots 1 through 3, Block 1, Prairie Grove 4th Addition.

COMPRISING (Section 7):
Lots 1 through 70, Block 11.
Lots 1 through 17, Block 12.
Lots 1 through 22, Block 13.
Lots 1 through 26, Block 14.
Lots 1 through 35, Block 15.
Lots 1 through 16, Block 16.
Lots 1 through 27, Block 17.
All in Deer Creek 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-18-E in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost from the City Engineer for Improvement District No. PR-18-E:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PR-18-E in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $1,064,883.00.)

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

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

Adopt Resolution Declaring 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-18-E in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Seal Coat and Incidentals must be in writing and must be filed with the City Auditor's Office within thirty days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

Direct City Auditor's Office to Call for Bids for Improvement District No. PR-18-E:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. PR-18-E in the City of Fargo, North Dakota.

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

Update on Apartment Incentive Policy Review by the Tax Exempt Review Committee:
The Board received a communication from City Assessor Ben Hushka stating the Tax Exempt Review Committee has been discussing the apartment Payment in Lieu of Tax (PILOT) incentive policy. He said several items discussed revolved around the need for apartment incentives Downtown, boundaries defining the Downtown focus area, need for incentives for low-income families and definitions of low and affordable rental units. He shared a copy of the current policy and incentives for apartments Downtown and a map of a 2016 survey of Downtown multi-family housing units.
Dan Madler, Chief Executive Officer of Beyond Shelter, said his organization has developed 18 projects in Fargo serving 454 homes with an economic impact of $57.5 million. He said Beyond Shelter is currently developing 39 units that will serve seniors and will have an economic impact of $6.4 million. He stated that discussion at the Tax Exempt Review Committee included what is affordable and how to build affordable housing Downtown. He said the City needs to make affordable housing a priority due to the fact that it impacts the economy and a balanced housing stock is required. He said housing has to be affordable to all income ranges and when that occurs, it supports labor force expansion and a diversified economy. In Downtown Fargo, he said, the cost of land and materials is the same for all developers; however, affordable housing Downtown is possible using various financing tools, with the primary assistant being the PILOT that the City of Fargo provides. He said the 39 units Beyond Shelter recently built in Fargo using the PILOT allowed Beyond Shelter to lower rent $100.00 a month. He said the PILOT is an impactful tool for developers to make it possible for projects to hit those benchmarks.

In response to a question from Commissioner Piepkorn asking how the City can help affordable housing developers acquire land due to the fact that they pay the same price as anyone else, Mr. Madler said the City could make land available as an incentive, at a reduced cost or through a grant. He said to compete at $20.00 or more per square foot for land, the math does not work.

In response to a question from Commissioner Piepkorn asking if mixed-use is possible Downtown, Mr. Madler said his organization would need the right partner and the right mix.

In response to a question from Commissioner Piepkorn asking how the demand for senior housing is measured, Mr. Madler said his company commissioned a market study, which showed there is a strong need for housing for seniors and young families. He said Beyond Shelter recently opened two projects and both were full within 45 days and there is a waiting list.

In response to a question from Commissioner Strand asking if Beyond Shelter builds only for seniors, Mr. Madler said Beyond Shelter builds housing for all types of people including seniors, the homeless and families. He said they also target housing for new workforce development. He said there is a shortage of low income tax credits available for Fargo. He said the tax credit is a federal program and the state receives a minimum amount each year, which is managed by the North Dakota Housing Finance Agency. Last year, he said, eleven developers applied for funds and only five were selected. He said it is very competitive and the funds are geographically distributed across the state.

Fargo Housing Authority Director Lynn Fundingsland said the Fargo Housing Authority (FHA) serves a lower income group with about 85 percent of the tenants at 20 percent of the average median income. He said in the past few years, the FHA’s focus has been preservation of existing buildings and not the building of new affordable units. He said many of the current buildings are fifty to sixty years old and in need of serious rehabilitation. He said he has been lobbying for additional tax credits; however, due to the fact that funds are allocated according to population, North Dakota gets fewer dollars because of its lower population. He said currently there are about 460 units of subsidized housing Downtown. He said remodeling of the Fargo High Rise is still in the planning stages and it is a complicated project. He said the plan is to remodel the Fargo High Rise and bring it down to 100 fewer units with the majority of units being only for seniors.

Commissioner Strand said the City is considering establishing a land bank or a community land trust. He said the idea is going through the Community Development Committee and it could be another component for affordable housing.

Hearing on Transfer of a Class “AB” Alcoholic Beverage License from Mom’s Kitchen Inc. d/b/a Tailgator’s Sports Café at 1322 Main Avenue to Demeske Enterprises Inc. d/b/a Tailgator’s/Mom’s Kitchen Continued to February 26, 2018:
A Hearing had been set for January 29, 2018 on the transfer of a Class “AB” Alcoholic Beverage License from Mom’s Kitchen Inc. d/b/a Tailgator’s Sports Café at 1322 Main Avenue to Demeske Enterprises Inc. d/b/a Tailgator’s/Mom’s Kitchen.
At the January 29, 2018 meeting the Hearing was continued to this day and hour; however, the applicant is requesting the Hearing be continued to February 26, 2018.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m., Monday, February 26, 2018.

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.

Drawing Conducted to Determine the Issuance of a Class “Z” Alcoholic Beverage License:
City Auditor Steve Sprague said in June 2017, the Liquor Control Board determined, by ordinance and based on a population increase of 10,000, an additional Class “Z” Alcoholic Beverage License would be available. He said the Class “Z” License allows full alcohol with a physical bar and does not require any food sales. He said the availability of an additional Class “Z” Alcoholic Beverage License was advertised once a month between August and December 2017 and applications would be received for the license until December 31, 2017. He said two applications were received by the deadline, one from District 64 LLC d/b/a District 64 at 64 Broadway North and one from L&S Hospitality LLC d/b/a Cowboy Jack’s at 64 4th Street North. He said the Liquor Control Board voted unanimously to forward the two applications to the Board due to the fact that Fargo Municipal Code 25-1506 X states that a drawing must be held in the presence of the governing body in the manner it shall direct, if multiple applications are received for a single license.

Nachhattar Gill, 2435 Parkview Drive South, said he owns the Syndicate Block in Downtown Fargo, which is a mixed-use building with office, retail and residential space. He said he does not mind a bar on the main floor of the building; however, now the tenants want a bar on the second floor. He said the tenants do not own the building, there is no lease or purchase agreement and he does not want a bar on the second floor due to the fact that there is residential space next door.

In response to a question from Commissioner Gehrig, asking how many Class “Z” licenses have been issued, Mr. Sprague said there are seven licenses issued at various locations throughout the city and the cap is determined by population. He said the cost of each license is $105,000.00.

Commissioner Gehrig said his concern is the City caps Class “Z” licenses due to the fact that the City does not want a bar on every corner. He said the fear is if there are too many bars, there will be drunk people everywhere. He said fear is often misguided and drives bad policy. He said it is not good policy to decide what bar owner could get a possible multi-million dollar business based on a coin flip or drawing a name out of a hat. He said the licenses should be merit-based. He said there should not be a limit on these licenses in a city the size of Fargo and his concern is they are limited for the wrong reasons.

Commissioner Gehrig moved to create two additional Class “Z” Alcoholic Beverage Licenses.

Second by Piepkorn.

In response to a question from Commissioner Piepkorn asking if there is a policy in place about the number of Class “Z” licenses, Mr. Sprague said the policy as it is stands states only one Class “Z” license can be awarded. He said the Board would have to amend the ordinance to issue more licenses and that would be at least a six-week process.

Commissioner Gehrig said his motion is to allow people who got their requests in on time to get the licenses they applied for if they are in good standing with the City. He said if there are more people who want to apply for Class “Z” licenses, the Board can have that discussion at that time.

Mayor Mahoney said the City Auditor had a deadline and after that deadline, one Class “Z” license would be issued and there would be no other Class “Z” licenses available until the population changes to reflect the addition of another license. He said the ordinance would have to be changed to reflect what Moorhead and West Fargo have, in that those cities do not have liquor license caps and they can have as many bars as they want. He said Police Chief David Todd has concerns about too many bars in the same area. He said the Liquor Control Board would have to look at the liquor license ordinance and suggest amendments to it.

Commissioner Strand said he is not sure what the desire of the people is regarding liquor licenses and at this time, he is not inclined to deviate from the current policy just because there is more than one applicant.

Commissioner Gehrig said people talk with their wallets and with their feet. He said the City has been incentivizing bars and restaurants Downtown in order to create an entertainment district. He said people have told the City what they want because it is popular to eat and drink Downtown. He said until the market speaks and people do not apply for these licenses, then the City will know what the people want. He said he would continue with his original motion unless someone wants to amend it. He said he wants to move forward with approving the two applications, then go back to the Liquor Control Board to address the cap in total.

City Attorney Erik Johnson said under the current ordinance the Board only has the authority to issue one Class “Z” license. He said the hearing could be continued; however, that would affect startup dates for the applicants.

In response to a question from Mayor Mahoney asking if the hearing was continued and what is the fastest turnaround, Mr. Johnson said the Board could waive receive and file of an amended ordinance, which would then be ready for approval in four weeks. However, he said, that would depend on when the Liquor Control Board meets.

Commissioner Grindberg said he would like to see the amended ordinance go through the normal process.

In response to a question from Commissioner Gehrig asking if the Board can allow both applicants to be approved at this meeting, Mr. Johnson said the Board only has the authority to approve one. He said if the motion is to allow for two licenses, the Board does not have that authority.

Commissioner Gehrig withdrew his motion.

Commissioner Strand moved to follow the existing ordinance by conducting a drawing to determine which applicant is awarded the license.

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

Commissioner Piepkorn drew a name from a hat which determined that the Class “Z” Alcoholic Beverage License will be issued to District 64 LLC d/b/a District 64.

Application Filed by District 64 LLC d/b/a District 64 for a Class "Z" Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by District 64 LLC d/b/a District 64 for a Class "Z" Alcoholic Beverage License at 64 Broadway North, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
Commissioner Strand moved the application be approved.

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

Application Filed by L&S Hospitality LLC d/b/a Cowboy Jack’s for a Class “Z” Alcoholic Beverage License Referred Back to the Liquor Control Board for Further Review:
A Hearing had been set for this day and hour on the application filed by L&S Hospitality LLC d/b/a Cowboy Jack’s for a Class "Z" Alcoholic Beverage License at 64 4th Street North, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
Commissioner Strand moved the application be referred back to the Liquor Control Board for further review.

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

Update on the North Dakota Interagency Council on Homelessness:
Director of Planning and Development Nicole Crutchfield said Planning Department staff joined with other state and local agencies recently to review and coordinate North Dakota’s 10-year plan to address long-term homelessness. She said within the next 10 years, there exists a need for permanent housing and supportive services for an estimated 599 men, women and children who will experience long-term homelessness. She said based on the projected need, the state's goal is to assist local communities in providing housing, rent subsidies and support services for an estimated 461 households in the next 10 years. She said this would require a concerted and focused effort to provide solutions relating to the various disabilities often associated with homelessness, namely chemical dependency, serious mental illness, chronic medical conditions and developmental disabilities. She said supportive services and resources need to be provided to address needs of people experiencing homelessness such as money management problems, a lack of access to transportation, bad credit and rental histories, unemployment and criminal backgrounds. She said the Planning Department is working on policies, connections and networks and the Health Department, Police Department and Library are alsoi working on different factions of homelessness.

Cody Schuler, Executive Director of the Coalition for Homeless Persons, said more than 60 partners, including the cities of Fargo and Moorhead, are working together to end homelessness and find permanent solutions. He said the task of finding solutions was handed over to the Homeless Coalition for a term that expired at the end of 2016. He said there needs to be a discussion on what has worked and what has not and the entire metro area needs to be engaged to come up with strategies to continue the good work that has been done. He said shorter-term strategies should be discussed due to the fact that those strategies can be evaluated more regularly. He said his goal is to make homelessness rare, brief and non-recurring and he knows there are mechanisms to explore that can accomplish that goal.

In response to a question from Mayor Mahoney about homeless veterans in Fargo, Mr. Schuler said there is still a long vetting process and Fargo and the state of North Dakota have not been vetted. He said West Central Minnesota has been able to reach functional zero for homeless veterans. He said the oil boom in 2006 brought additional homeless issues to the state and to Fargo and there are also issues with addiction, mental illness and violence. He said it is estimated that there are about 1,000 homeless in North Dakota and 300 to 400 homeless in Fargo.

In response to a question from Commissioner Strand asking what the reality today is for somebody who knows if someone is homeless and where do they go for help, Ms. Crutchfield said Churches United for the Homeless is now out of crisis mode and has found permanent space for overflow. She said there is a check-in system at the shelter and they run with a prioritization list. She said architectural improvements at the shelter were made to handle overflow and those changes are a long-term solution.

In response to a question from Commissioner Strand asking if someone sees a person on the street who is homeless and who should they contact to get that person some help, Ms. Roman said there are many different departments that handle homelessness. She said the communication network among the homeless is robust. She said many self-report to shelters and some are brought in through law enforcement; however, the homeless do know that resources are out there and communicate that to each other.

Proposal from Fargo Cass Public Health to Administer the Good Neighbor Project Syringe Services Program Approved:
The Board received a proposal from Health Officer Dr. John Baird and Director of Public Health Ruth Roman outlining Fargo Cass Public Health’s (FCPH) Good Neighbor Project Syringe Services Program.

Dr. Baird said the public health benefits of a syringe services program are many, including reducing the spread of blood-borne diseases such as HIV and Hepatitis C, removing infectious needles from the community by offering sterile syringes, teaching safe injection methods, distributing condoms and offering counseling about safe sex and screening for infectious diseases. He said the program also serves as an entry point for substance abuse treatment options and other resources. He said these types of programs have been in the United States since the 1980s, when health officials were first combatting HIV, and numerous studies have been done on their effectiveness. He said in New York City, the HIV risk prevalence went from 50 percent to 17 percent and in Madison, Wisconsin, where the syringe services program has been in place since 1996, the number of new HIV cases among those who inject drugs dropped by half. He said according to the North Dakota Department of Health, it costs $60,000.00 to $90,000.00 per year to treat a person with HIV and the medication alone for a person with Hepatitis C is $35,000.00 per year. He stated that a 2000 study showed that new visitors to a syringe services program were five times more likely to enter a drug treatment program. In 2017, he said, the North Dakota Legislature approved a syringe services program and authorized the North Dakota Department of Health to approve and monitor new programs. He said those involved with the program in Fargo would include Jeremy Kelly, a harm reduction specialist, Jan Eliason of the Gladys Ray Shelter, Ms. Roman and Robyn Litke-Sall, a substance abuse coordinator. He said opioid abuse has grabbed the attention; however, there are other drugs such as heroin, methamphetamine and cocaine. He said the population the program will service are those over the age of 18 and it is anticipated there will be 200 to 250 clients seen on a regular basis. He said the location near Downtown would be in a City-owned building, which will be open Monday through Friday for about four hours a day. Services offered would be HIV and Hepatitis C rapid testing and counseling. He said if HIV or Hepatitis C are detected, the client could be brought to the FCPH building for more testing and counseling. He said overdose rescue kits and education would be offered, as well as substance abuse treatment referrals and other referrals as needed. He said it is his hope this will be a place where people can feel safe and get the help they need.

Ms. Roman said the budget for the syringe services program is $128,000.00. She said of that budget, $75,000.00 is a grant from the North Dakota Department of Health and with the grant, there is a requirement that the City provide technical assistance to other cities in the state considering the program, including Valley City, Minot and Grand Forks. She said grants will also cover the cost of Narcan and clients will be asked to donate whatever amount they are able. She said $29,900.00 is from the Fargo budget; however, this is not new money and is part of the 2018 approved FCPH budget. She said there was a line item in the budget to address the opioid crisis. She said expenses would include salaries, some travel, heat and electricity for the new building and educational materials. She said state and federal money cannot be used to purchase syringes; however, FCPH can purchase syringes from a company at a reduced rate.

Commissioner Grindberg said Ms. Roman has answered many of his questions. He said he has talked to other human services personnel, which put things in perspective and he is going to support it; however, for future funding, the City needs more partners.

Commissioner Piepkorn said the requested $29,900.00 is public taxpayer money, which will be used to help people use illegal drugs. He said he understands that HIV and Hepatitis C are horrible diseases; however, heroin and fentanyl can kill. He said he cannot believe medical people are proposing this in the City of Fargo and he will not be supporting it.

Commissioner Strand said if a crisis was not barreling down the tracks at us, he does not know that the City would be so compelled to act. He said there were 31 deaths last year from drug overdoses and 17 deaths this year. He said this is a health crisis and the City has to get these people some help, show them the City cares and minimize their risk and harm while battling addiction. He said he understands Commissioner Piepkorn’s concerns and there are others in the City with the same sentiments and Commissioners would be remiss to not ask all of the questions; however, the City needs to act accordingly to the challenge facing the community. He said the methadone clinic has seen 200 patients in less than a year. He said getting people to do drugs safely is the reality and by doing that perhaps they can get some help.

Commissioner Gehrig said at the community meeting he stated if there was not good science to back this program up he would not support it. He said after listening to Dr. Baird, it is obvious science is behind this program. He said he knows it will be hard for people to swallow; however, he hopes this is the carrot to get needed help for people battling addiction.

Mayor Mahoney said this is a harm reduction public health issue. He said HIV and Hepatitis C are risks to health workers, police, fire and people picking up trash.

Commissioner Strand moved the Good Neighbor Project Syringe Services Program be approved.

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

(Commissioner Grindberg absent).

Change Order Nos. 13, 11 and 6 for Project No. WA1301 Approved:
Commissioner Gehrig moved approval of Change Order No. 13 for an increase of $211,760.00 for the general construction contract, Change Order No. 11 for an increase of $37,924.71 for the mechanical construction contract and Change Order No. 6 for an increase of $39,675.00 for the electrical construction contract, all for Project No. WA1301.

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

Task Order No. 2 for Project No. WA1301 Approved:
The Board received a communication from the Utility Committee regarding start-up services for the Membrane Water Treatment Plant (MWTP).

Water Utility Director Troy Hall said the start-up of the MWTP will be a complex process involving three prime contractors and many equipment vendors and suppliers. He said the start-up will be divided into three tasks: Memoranda, Start-up Services and Training. He said there are fifty-fivememoranda, which will document the actual start-up of equipment and define the details and principles of the operation of each system which will be included at a later date in an operations manual. He said 550 hours are budgeted for this phase at a cost of $94,400.00. He said the start-up services will involve 2,250 hours at a cost of $434,100.00, which will coordinate the start-up activities for each system in the MWTP. The MWTP is composed of treatment processes that are very different compared to the existing water plant, he stated, and training is included to help staff gain knowledge of the new processes and equipment to ensure smooth operation once the MWTP is turned over to City staff and providing water to customers. The training phase is budgeted for 350 hours at a cost of $58,700.00, he said, and the total cost for the start-up phases is $587,200.00. He said the task orders were in the budget estimate and were always planned for the water plant expansion. He said construction is moving along smoothly, the electrical is almost complete and soon they will move from construction phase to startup phase.

Commissioner Gehrig said the change orders and the task orders were a bit of sticker shock; however, this is a huge project and with all of the change orders, it is still within 2 percent of the estimate. He said the project will bring the City and region to a new level and he is glad to see it is close to completion.

In response to a question from Commissioner Piepkorn as to where the money is coming from for the project, Mr. Hall said there is State Water Commission grant funding and a state revolving fund loan, which were part of the financial plan.
Commissioner Gehrig moved Task Order No. 2 for Project No. WA1301 be awarded to AE2S in the amount of $587,200.00.

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

Task Order No. 3 for Project No. WA1301 Approved:
Water Utility Director Troy Hall said the first phase will be programming the Programmable Logic Controllers, Human-Machine Interfaces and other devices. He said this allows for automated and operator monitoring and control. The second phase, he said, involves start-up of the MWTP control system. He said AE2S is unique in that the company has an I&C division in addition to being a full service engineering firm for water and wastewater.
Commissioner Gehrig moved Task Order No. 3 for Project No. WA1301 be awarded to AE2S in the amount of $432,200.00.

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

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

Second by Gehrig. All the Commissioners present voted aye and the motion was declared carried.
The time at adjournment was 6:37 o’clock p.m.