Board of City Commissioners - August 14, 2017
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, August 14, 2017.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.
The Mayor read a statement with the following information: Fire Inspector Doug
Nelson received Certified Fire Marshal accreditation through the International Code Council; Fargo Cass Public Health has received a $180,000.00 grant from the ND Department of Human Services Behavioral Health Division to address opioid abuse and overdose deaths, and a team from the Health Resources and Services Administration recently completed a site visit of Public Health’s Ryan White Program; more than 1,600 children participated in the Library’s summer reading program completing more than 17,000 hours of reading; Carlson Library will hold a Solar Eclipse viewing party Monday, August 21st, the City issued $195,000,000.00 in building permits for construction during the first 7 months of 2017, higher than an average year, single-family housing starts are lower than last year, multi-family housing is about the same as last year, while commercial values are lower.
Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved moving Item No. “18” from the Consent Agenda to the Regular Agenda and adding an item to the end of the Regular Agenda regarding Final Balancing Change Order No. 5 for Improvement District No. BR-16-B1.
Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.
Minutes Approved:
Commissioner Gehrig moved that the Minutes of the Regular Meeting of the Board held on July 31, 2017 be approved as read.
Second by Strand. All the Commissioners voted aye and the motion was declared carried.
Consent Agenda Approved:
Commissioner Piepkorn moved the Consent Agenda be approved as follows:
1. Receive and file the following Ordinances:
a. Amending Section 1-305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.
b. Enacting Article 8-0322 of Chapter 8 of the Fargo Municipal Code Relating to Distracted Driving.
c. Amending Section 8-0321(B)(1) of Article 8-03 of Chapter 8 of the Fargo Municipal Code Relating to Use of a Wireless Communication Device Prohibited.
2. 2nd reading, waive reading and final adoption of the following Ordinances:
a. Rezoning Certain Parcels of Land Lying in Osgood Sixth Addition, Fargo, Cass County, North Dakota.
b. Rezoning Certain Parcels of Land Lying in Dewitts Addition to the City of Fargo, Cass County, North Dakota.
3. Termination of Declaration and Developer Agreement with J & O Real Estate, LLC and Cottagewood Townhomes, LLC.
4. Receive and file General Fund-Budget to Actual through July 31, 2017 (unaudited).
5. Amended Site Authorization for Teammaker’s Club, Inc. at the Holiday Inn.
6. Amended Site Authorization for Teammaker’s Club at Frank’s Lounge.
7. Applications for Games of Chance:
a. FirstLink for a raffle on 8/15/17.
b. North Dakota Dental Foundation for a raffle on 9/15/17.
c. WDAY Honor Flight for a raffle on 8/27/17; Public Spirited Resolution.
d. Dakota Medical Foundation – Lend A Hand for a raffle on 9/16/17.
e. Fargo Moorhead Derby Girls for a raffle on 9/16/17.
f. Fargo South High School for a calendar raffle from 12/12/17 to 2/6/18.
g. Fargo South High School for a calendar raffle from 8/29/17 to 2/20/18.
8. Six-month extension of the Class “A” Alcoholic Beverage License for the Firebox.
9. Applications for property tax exemptions for improvements made to buildings:
a. Amit Panwalkar and Arundhati Goswami, 1395 Elm Circle North
(3 year).
b. 22 Ave LLC, 418 22nd Avenue North (5 year).
c. Sheryl Klugman, 1254 8th Street North (5 year).
d. Patrick C. Farha, 2831 Elm Street North (5 year).
e. James D. and Catherine M. Garvey, 1209 3rd Street North (5 year).
f. Travis M. and Nikki Kurtz, 1732 Whitestone Circle South (5 year).
10. Sixth Amended Lease Agreement between the Fargo Dome Authority and North Dakota State University.
11. Agreement for Services with BriAnna Wanner.
12. Purchase of Service Agreement with Fargo Public Schools for nursing services for the 2017/2018 school year.
13. Bid award for accounting software from High Plains Technology in the amount of $69,688.00 (RFP17219).
14. Bid award for Children’s Library-Bound Materials with Apple Books (RFP17237).
15. Sole Source Procurement for repair of Unit #601 from RDO Equipment Company in the amount of $30,818.60.
16. Change Orders for the City Hall Project:
a. No. 9 for an increase of $13,774.00 for the general contract.
b. No. 10 for an increase of $46,706.00 for the general contract.
c. No. 5 for an increase of $13,072.00 for the mechanical contract.
d. No. 5 for an increase of $29,075.00 for the electrical contract.
e. No. 6 for an increase of $1,857.00 for the electrical contract.
17. Agreement for Engineering Services with Houston Engineering, Inc. for Project No. MS-17-A0.
18. Concur with Traffic Technical Advisory Committee to continue work with the Kilbourne Group to develop a
plan for the temporary construction and parking impacts associated with the Block 9 construction project and to put the finishing touches on the Developer’s Agreement (moved to the Regular Agenda).
19. Change Order No. 3 for an increase of $4,560.00 for The Fargo Project – Water Features.
20. Notice of Award for The Fargo Project – Overlook, Natural Play, Trails to Gast Construction Co. Inc. in the amount of up to $361,579.08.
21. Adopt Resolutions Approving the following Plats:
a. Valley View 7th Addition (Attachment “A”).
b. Prairie Farms Commercial Second Addition (Attachment “B”).
22. 31-day time extension for Project No. HD-17-A1.
23. Utility Relocation for Xcel Energy (Project No. FM-15-J1).
24. Bid award for Project No. EP-17-A1 to On The Level Construction, Inc. in the amount of $26,250.00.
25. Bills in the amount of $17,252,497.01.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Gehrig, Strand and Mahoney voted aye. No Commissioner being absent and none voting nay, the motion was declared carried.
Memorandum of Offer to Thomas K. and Kari D. Smith for Purchase of a Temporary Easement Approved (Improvement District No. BR-17-F1):
Commissioner Piepkorn moved the Memorandum of Offer to Thomas K. and Kari D. Smith for purchase of a Temporary Easement for Improvement District No. BR-17-F1 be approved.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Cost Participation, Construction and Maintenance Agreement - Urban Federal Aid Project with the ND Department of Transportation for Improvements to the Oak Grove/Memorial Parks Pedestrian Lift Bridge Approved (Improvement District No. QN-17-A1):
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) regarding a cost participation and maintenance agreement associated with the upcoming pedestrian bridge replacement project on the Oak Grove/Memorial Parks Pedestrian Lift Bridge over the Red River. They said staff has coordinated with the NDDOT, is comfortable with the language and is recommending approval. Commissioner Piepkorn moved the Cost Participation, Construction and Maintenance Agreement – Urban Federal Aid Project with the ND Department of Transportation for Improvements to the Oak Grove/Memorial Parks Pedestrian Lift Bridge be approved.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay the motion was declared carried.
Documented Categorical Exclusion and Selection of Alternative B as the Preferred Alternative for Improvement District No. QN-17-A1 Approved:
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) with
documents summarizing the alternatives for the Oak Grove/Memorial Parks Pedestrian Lift Bridge.
Commissioner Piepkorn moved the Documented Categorical Exclusion and Selection of Alternative B as the
Preferred Alternative for Improvement District No. QN-17-A1 be approved.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay the motion was declared carried.
Alley Reconstruction Request Approved:
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) regarding a petition that was submitted requesting that the alleys between 2nd and 4th Avenues North, and between Broadway and Roberts Street be paved in the 2017 construction season. They said staff is recommending that a consultant be secured to perform the design work through the Master Services Agreement due to the unique
features added that are not customary in alleys, such as pedestrian areas adjacent to the buildings that would
be set apart from the rest of the alley by adding colored concrete.
Commissioner Piepkorn moved the addition of Improvement District No. AN-17-G to the 2017 CIP with the
assistance of a consultant to design and manage be approved.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Gehrig, 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-17-A1 Approved:
Commissioner Piepkorn moved approval of Change Order No. 1 for an increase of $28,423.66 for Improvement
District No. BR-17-A1.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Final Balancing Change Order No. 1 for Improvement District No. TN-16-B1 Approved:
Commissioner Piepkorn moved approval of Final Balancing Change Order No. 1 for an increase of $14,605.40 for Improvement District No. TN-16-B1.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Gehrig, 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. TN-16-E1 Approved:
Commissioner Piepkorn moved approval of Final Balancing Change Order No. 2 for an increase of $3,529.05 for Improvement District No. TN-16-E1.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Gehrig, Strand 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. BN-16-F1 Approved:
Commissioner Piepkorn moved approval of Final Balancing Change Order No. 3 for a decrease of $1,442.42 for
Improvement District No. BN-16-F1.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Task Order No. 7 for Improvement District No. BN-17-A3 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) stating KLJ, Inc. has reviewed their original quote for construction administration of the infrastructure associated
with Improvement District No. BN-17-A3 and changed their quote to reflect changes in scope discovered through
design.
Commissioner Piepkorn moved Task Order No. 7 for Improvement District No. BN-17-A3 be awarded to KLJ, Inc. in an amount not to exceed $499,891.00.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Reimbursement for the Repair of a Sprinkler System Impacted by Improvement District No. BN-15-K1 Approved:
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) stating the
sprinkler system on the boulevard at 1815 38th Street South was damaged during construction of Improvement
District No. BN-15-K1. They said the property owner is seeking reimbursement in the amount of $5,309.00. Commissioner Piepkorn moved the reimbursement of $5,309.00 for the repair of a sprinkler system impacted by
Improvement District No. BN-15-K1 be approved.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-G (Between 2nd and 4th Avenues North Between Broadway and Roberts Street):
Commissioner Piepkorn moved the following action be taken in connection with P.C. Concrete Alley Paving and
Incidentals Improvement District No. AN-17-G:
Adopt Resolution Creating Improvement District No. AN-17-G:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that
Improvement District No. AN-17-G in the City of Fargo, North Dakota, be created
From 2nd Avenue North to 4th Avenue North between Broadway North and Roberts Street North.
COMPRISING:
Lots 1 through 12, Block 3
All in Roberts Addition
Lots 1 through 3 and 6 through 27
All in SG Roberts Addition
Lot 1, Block 1
All in Burgum Addition
All of the foregoing located in the City of Fargo, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-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. AN-17-G:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction
of Improvement District No. AN-17-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 $542,500.00.)
Order Plans and Specifications for Improvement District No. AN-17-G:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. AN-17-G in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. AN-17-G:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. AN-17-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. AN-17-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 P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-G
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. Concrete Alley Paving and Incidentals
Improvement District No. AN-17-G1 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 P.C. Concrete Alley Paving 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. AN-17-G:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of
Improvement District No. AN-17-G in the City of Fargo, North Dakota.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Gehrig, 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, Paving, Street Lights, Site Grading and Incidentals
Improvement District No. BN-17-G1 Approved:
Commissioner Piepkorn moved approval of the Contract between the City of Fargo and Ryan Development, Inc. for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights, Site Grading and Incidentals Improvement
District No. BN-17-G1 in the City of Fargo, North Dakota.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Gehrig, 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, Paving, Street Lights, Site Grading and Incidentals Improvement District No. BN-17-G1 Approved:
Commissioner Piepkorn moved approval of the following described Contract Bond as to sufficiency:
Arch Insurance Company, in the amount of $1,306,409.48, for Sanitary Sewer, Water Main, Storm Sewer, Paving,
Street Lights, Site Grading and Incidentals Improvement District No. BN-17-G1 in the City of Fargo, North
Dakota.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Gehrig, Strand and Mahoney
voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Contract for Street Lighting and Incidentals Improvement District No. SL-17-F1 Approved:
Commissioner Piepkorn moved approval of the Contract between the City of Fargo and Fargo Electric
Construction, Inc. for Street Lighting and Incidentals Improvement District No. SL-17-F1 in the City of Fargo,
North Dakota.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Gehrig, Strand and Mahoney
voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Contract Bond for Street Lighting and Incidentals Improvement District No. SL-17-F1 Approved:
Commissioner Piepkorn moved approval of the following described Contract Bond as to sufficiency:
United Fire and Casualty Company, in the amount of $34,924.24, for Street Lighting and Incidentals Improvement
District No. SL-17-F1 in the City of Fargo, North Dakota.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Gehrig, Strand and Mahoney
voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Contract for Street Lighting and Incidentals Improvement District No. SL-17-G1 Approved:
Commissioner Piepkorn moved approval of the Contract between the City of Fargo and Fargo Electric
Construction, Inc. for Street Lighting and Incidentals Improvement District No. SL-17-G1 in the City of Fargo,
North Dakota.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Gehrig, Strand and Mahoney
voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Contract Bond for Street Lighting and Incidentals Improvement District No. SL-17-G1 Approved:
Commissioner Piepkorn moved approval of the following described Contract Bond as to sufficiency:
United Fire and Casualty Company, in the amount of $22,019.82, for Street Lighting and Incidentals Improvement
District No. SL-17-G1 in the City of Fargo, North Dakota.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Gehrig, Strand and Mahoney
voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Discussion on Approval Process for Programs Like the F5 Project:
Commissioner Piepkorn said he would like an explanation from staff about what happened with the approval
process for the F5 Project, a nonprofit supporting and housing felons starting a new life. He said an email
about group living restrictions not being followed brought the subject to the attention of the Board. He said
he recalls a similar circumstance when a group home was proposed near Unicorn Park a number of years ago.
This brings up safety issues again due to the project housing felons, he said, and he feels the Police
Department needs to be involved.
Planning Administrator Nicole Crutchfield said Planning staff had not heard of the F5 Project until it was
brought to their attention and staff has now reached out to them. She said project leaders have been advised
of the codes and communication about coming into compliance continues.
City Attorney Erik Johnson said as a result of the incident in 2010 referenced by Commissioner Piepkorn, the
Land Development Code was amended to create a separate use category titled Group Living Restricted Residency.
He said it applies to group living where a number of people, four or more, have been convicted of a felony and
do not otherwise meet the definition of family living. For a group that size to be in compliance they must
follow a Conditional Use Permit process, he said, which requires notice to neighbors, publication in the
newspaper and a Hearing before the Planning Commission.
Commissioner Piepkorn said the fact the F5 Project did not follow procedures to get a Conditional Use Permit
is very serious. He said as far as recidivism and the fact that the homes may be near schools, daycares or
parks, makes it important to know where these felons are living.
Ms. Crutchfield said formal notification for compliance has not gone out to the F5 Project. She said the
first efforts have focused on learning more about the project and they intend to come into compliance. She
said she believes that means they will not fall into the group living category requiring an application. If
they are going to fall in that category, they need to apply for a Conditional Use Permit, she stated.
Commissioner Strand said getting jobs and housing is a hurdle for many to get back into society and a
structured life, so he hopes the reality of those needs are being looked at. He said this could open up
policy discussions and actions that lead to accommodating more people. Incarceration is not the best answer
for someone recovering and rehabilitating from an addiction, he said, and he hopes this is taken as an
opportunity to provide more help.
Commissioner Piepkorn said these people are not victims, they have consequences for their actions. There are
five of these houses in existence in Fargo right now and Commissioners had no idea, he said. He believes the
rules were circumvented and that should not be tolerated, he said, and they need to stop what they are doing
and come into compliance. Fargo seems to be absorbing everything, he stated.
Police Chief David Todd said he cannot speak to the permitting, nor is he involved with the approval process;
however, based on legislation this last session less and less people will be accepted at the state
penitentiary and prisoners will be pushed back on cities and counties. He said that will require creativity
on how to house people for some lower level offenses and will create challenges for counties and the court
system. His guess would be that most of the residents of the houses in question are being tracked by
probation and parole officers, he said. Sex offenders do have to notify police of where they will be, and for
Level 2 or 3 offenders, neighborhood notifications are done. Issues like providing resources to help people
come back into society, gain living and job skills, deal with addiction and anger management issues all seem
to fall on law enforcement and create challenges that will require resources and partnerships to accomplish.
Commissioner Grindberg said in his time in the State Legislature, he was on the side of zero tolerance;
however, now there is discussion on costs and that first time drug offenders are not a threat to society.
Many folks in the community are working on ideas and alternatives to incarceration, he said; however, he is concerned about whether law enforcement has the tools it needs. He said if the information is not there, a process is needed for the ordinances to be enforced and to understand who is coming into our community.
Chief Todd said he can pull information from felons on probation or parole to find out where they reside;
however, if he were asked today who resides at one of the locations for the F5 Project, he could not say
unless it were a registered sex offender. As far as having the tools for housing projects like this, he said,
he cannot say because he does not know the questions to ask. He said this project has not gone through a
permitting process nor has there been much communication with such projects.
Mayor Mahoney said the Board might need to look to see how things should run and there has to be better
communication. He said the Legislature is working to get more people out of the prisons and into communities.
Commissioner Piepkorn said ordinances are in place now and the F5 Project did not follow them. He said it
disturbs him greatly this was going on and it was obviously intentional. The message needs to be sent that
they must stop and come into compliance right now, he said, or they will face more legal problems. The people
housed through the project are not first-time offenders, they are serious criminals who have been in prison
and now they are being sent to Fargo and the city does not know who they are.
Chief Todd said aside from this particular program, there are opportunities for the Police Department and
Sheriff’s Department to partner with other entities to get programs going that help people return to society,
both with housing and education. He said he does not disagree with Commissioner Piepkorn that in this case,
the rules seem to have been inappropriately bypassed.
Parcels of Land in Osgood Townsite Fifteenth Addition Rezoned and a Planned Unit Development Master Land Use Plan Approved (5050 47th Street South):
At a Hearing held on July 6, 2017 the Fargo Planning Commission recommended approval of a change in zoning
from LC, Limited Commercial to LC, Limited Commercial, with a PUD, Planned United Development Overlay and a Planned Unit Development Master Land Use Plan for Lot 2, Block 1, of the Osgood Townsite Fifteenth Addition.
The City Auditor's Office published a Notice of Hearing stating 5:15 p.m. on July 31, 2017 was the time and
date set for said Hearing at which time all interested persons could appear and would be heard.
At the July 31, 2017 meeting, the Hearing was continued to this day and hour.
Planning Administrator Nicole Crutchfield said the applicant wants to build a dog boarding facility and
currently that land use classification has a separation requirement for residential housing. She said a
site-specific plan has been developed to provide some extra screening and conditions relating to that use.
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, Strand, Piepkorn 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 Osgood Townsite Fifteenth Addition,
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 Osgood
Townsite Fifteenth Addition, Fargo, Cass County, North Dakota be placed on first reading.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Strand, Piepkorn and Mahoney voted
aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Hearing on Special Assessments for Sewer Repairs on Certain Properties in the City of Fargo:
A Hearing had been set for July 3, 2017 on the special assessments for sewer repairs on file in the City
Auditor’s Office
At the July 3, 2017 meeting the Hearing was continued to this day and hour.
No appeals have been filed in writing against any item appearing on such special assessment list and no
person is present at this Hearing to appeal or offer any objection thereto.
City Auditor Steve Sprague said the City assists property owners with emergency sewer repairs. He said for
the part from the curb to the house, the expense could be special assessed over a period of 15 years. He said
there are usually only 100-120 per year and this year the total is about $560,000.00.
Commissioner Piepkorn moved the sewer repair special assessment list be approved.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Strand, Gehrig and Mahoney
voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Hearing on Special Assessments for Abatement of Nuisances on Certain Properties in the City of Fargo:
A Hearing had been set for July 3, 2017 on special assessment of nuisance abatement fees on the list of
properties on file in the City Auditor’s Office
At the July 3, 2017 meeting the Hearing was continued to this day and hour.
No appeals have been filed in writing against any item appearing on such special assessment re-inspection list
and no person is present at this Hearing to appeal or offer any objection thereto.
City Auditor Steve Sprague said the special assessment occurs when, for example, a property owner does not mow their lawn. He said the City would mow the lawn, and then bill the property owner and if the property owner
does not pay for the work, the amount is put on the property as an assessment. He said the City does this for
mowing, snow removal and Dutch Elm disease tree removal. He said photos are taken before the work is done and after. Annually, in August, the Auditor’s office comes to the Commission with the assessment list, he said.
Commissioner Gehrig moved the special assessments for abatement of nuisances be approved as submitted.
Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Strand, Piepkorn and Mahoney
voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Hearing on Special Assessment List for Maintenance of the Skyway System Continued to September 25, 2017:
A Hearing had been set for this day and hour on the special assessment list for maintenance of the Skyway
System in the City of Fargo, North Dakota.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m., Monday, September 25, 2017.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Strand, Gehrig and Mahoney
voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Update on The Fargo Project:
Planning Administrator Nicole Crutchfield said the physical transformation at The Fargo Project: World Garden
Commons is becoming visible. The last significant phase of the storm water retrofit project at Rabanus Park
is beginning this fall, she stated, and she shared a brief overview of the history and status of The Fargo
Project. She said the project has been funded through a number of grants and has become a national model. It
has been picked up as a case study because it works with design, social aspects and ecology, she said. The
Listening Garden and the Water Feature have been completed, she said, and an award for the Overlook and the
Natural Play Features was just approved. She said there are science experiments happening, as well as a
Summer Series, an overlook, vegetation and natural trails being added.
Renewal of the Downtown Business Improvement District Approved:
City Auditor Steve Sprague said the original Downtown Business Improvement District (BID) assessment approved in 2012 was for five years and encompassed five tiers with various levels of service provided. He said the original BID expires in December 2017 and the Downtown Community Partnership (DCP) has been working on the renewal of the BID, which will expand Zone One a half block east off Broadway and extend Zone Two along Main Avenue and include 8th Street South. He said the DCP has been a good steward and has gotten a lot done with the original assessment of about $220,000.00. He said the renewal process started in 2016 with numerous meeting on how the assessments would look. He said it was originally set up to be based half on valuation and half on square footage and that same ratio was set; however, to maintain the dollar equality the assessment on square footage was raised by half a penny. He said the total assessment is now $340,000.00, which speaks to the increase in property valuations Downtown.
In response to a question from Commissioner Piepkorn about whether there were business owners who were not
happy with the assessments, Mr. Sprague said some areas are more industrial in nature and at least one
property owner is somewhat opposed to the BID because he has not seen a lot of value himself. Generally
speaking, most are supportive, he stated and the assessment itself will come before the Board on September 25,
2017, so there is the potential there could be a protest.
Commissioner Strand moved the Downtown Business Improvement District (BID) Report of Costs Business
Improvement District Improvement District No. 9117 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 Accepting Downtown Business Improvement Districts Plans and Specifications and Related Memorandum of Understanding:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The Downtown Community Partnership has made a proposal to the City for creation of a business
improvement project under Chapter 40-22.1 of the North Dakota Century Code ("Special Assessments for
Promotion of Business Activity") and the City, by action of the Board of City Commissioners, has taken steps
to create Business Improvement District Number 9117; and
WHEREAS, Chapter 40-22.1-05 of the North Dakota Century Code requires approval of the detailed plans and
specifications of the business improvement district by the governing body of the municipality.
NOW THEREFORE, The plans and specifications attached hereto are approved as filed with the Board of City
Commissioners of the City of Fargo.
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 Resolution was adopted.
Resolution Declaring Downtown Improvement District Necessary (Improvement District No. 9117):
Commissioner Strand offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to create Downtown Business Improvement District Improvement
District No. 9117 in the City of Fargo, North Dakota, according to the Auditor'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 amount proportionate to and not exceeding the benefits to be derived by them
respectively from said improvement.
Protests against the proposed Downtown Business Improvement District 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.
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 Resolution was adopted.
Appointment to the Arts and Culture Commission:
The Board received a communication from Mayor Mahoney recommending that Jon Offutt be appointed to the Arts and Culture Commission to fill the vacancy created by Cassandra Miller.
Commissioner Strand moved Jon Offutt be appointed to the Arts and Culture Commission for a term ending June 1, 2018.
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.
State Water Commission Request for Reimbursement for FM Diversion Project Costs Approved:
Finance Director Kent Costin said the State Water Commission is requesting $25,546.00 for cost reimbursement
for the FM Area Flood Risk Management Project for July 2017. He said the request is for expenses related to
projects in the Oxbow/Hickson/Bakke component of the project.
Commissioner Grindberg moved the reimbursement request in the amount of $25,546.00 for the FM Area Flood Risk Management Project for expenses related to projects in Oxbow/Hickson/Bakke be approved.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Strand and Mahoney voted aye.
Commissioner Piepkorn voted nay.
The motion was declared carried.
State Water Commission Request for Reimbursement for FM Diversion Project Costs Approved:
Finance Director Kent Costin said the State Water Commission is requesting $751,091.00 for cost reimbursement for the FM Area Flood Risk Management Project for July 2017. He said the request is for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project.
Commissioner Grindberg moved the reimbursement request in the amount of $751,091.00 for the FM Area Flood Risk Management Project for expenses related to projects excluding Oxbow/Hickson/Bakke be approved.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Strand, Piepkorn and Mahoney voted
aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
2018 Preliminary Budget Approved: Public Hearing Set for September 11, 2017:
Mayor Mahoney said since he made his presentation to the Commissioners, the changes and advice from the
Commissioners have been taken into consideration and reviewed by the budget team. It is a difficult year to
predict, he said, and likely State revenues will go down and agriculture out west has been hit hard. He said
the team has decreased operating costs and expenses, and the budget includes recognition for employees and
what they bring.
Finance Director Kent Costin said the next step is to approve the preliminary budget tonight and establish
the maximum mill levy. He said the proposed budget includes a two-mill reduction. Next, he said, the
information is forwarded to the Cass County Auditor who prepares a new consolidated Notice of Tax Estimate for
each property owner to be sent out under the new consolidation of tax reporting which the Legislature will
enact next year. He said going with the notices a year early is a trial run and will give better information
to the taxpayer. He said because of the decline in the state economy, revenue projects are right at a break-
even point, which is unique to the last few years and that leaves the expense side to balance the budget. He
said it is anticipated that departmental performance will replicate what it has in the past, which is about a
$600,000.00 placeholder presently in unallocated funds. He said it is expected the departments will come in 1
to 2 percent under and that savings is already incorporated into the preliminary budget. Weather conditions
can affect the budget, he said, and revenue projections for the state have been slightly increased.
Commissioner Gehrig said reducing the mill levy is a good start; however, there are a couple of things he
would like to reduce to do better for the taxpayer. He said he will put a proposal together related to
unallocated funds and the COLA to share it with the Commissioners. He said he has asked the Mayor to consider
changing the COLA from 2 percent across the board to a 3 percent increase to lower end employees, a 1 percent
increase to the middle and a zero percent increase to the high wage earners. He said the City loses lower
wage earners at a much faster rate than those making over $100,000.00. His proposal would actually cost less,
he said, and those small things would have a greater impact on property taxes, retaining employees and does
not cut anything the Mayor asked for other than those two areas.
Mayor Mahoney said he has given thought to Commissioner Gehrig’s COLA proposal; however, the City has a pay plan that has been in effect for some time and next year a market survey will be done to address any issues to the pay scale. There can be problems with isolating payments as Commissioner Gehrig suggests; he said, he has seen it in the health care field and varying what was given for a cost of living adjustment was a disaster.
Health care expenses for employees are increasing, he said, and that expense for employees has to be
considered. He said as Police Commissioner, he inquired with the Police Department on the 3-1-0 percent idea
and there are many who would fall into the 1 percent, he said. It is important to keep a competitive salary for
fire, safety and police, he said, and he would like to stay firm on a two percent for all employees.
Commissioner Piepkorn moved the 2018 preliminary budget be approved, reducing the property tax mill rate
from 53 mills to 51 mills and the public hearing be set for Monday, September 11, 2017 at 6:00 p.m.
Second by Strand. On call of the roll Commissioners Piepkorn, Strand, Grindberg, Gehrig and Mahoney voted
aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
No Protests Received for Concrete Pavement Rehabilitation and Incidentals Improvement District No. PR-17-F1:
The Statutory Resolution of Necessity for the construction of Concrete Pavement Rehabilitation and Incidentals
Improvement District No. PR-17-F1 in the City of Fargo, North Dakota, was duly published in the official
newspaper for the City of Fargo, North Dakota on June 26 and July 3, 2017 and no protests have been filed in
the office of the City Auditor within the legal protest period.
Commissioner Gehrig moved that the Board declare that no protests have been filed to the construction of
Concrete Pavement Rehabilitation and Incidentals Improvement District No. PR-17-F1.
Second by Piepkorn. On call of the roll Commissioners Gehrig, Piepkorn, Grindberg, Strand and Mahoney voted
aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Bids Received for Concrete Pavement Rehabilitation and Incidentals Improvement District No. PR-17-F1:
The bids for Concrete Pavement Rehabilitation and Incidentals Improvement District No. PR-17-F1 in the City of
Fargo, North Dakota were opened at 11:30 o'clock a.m., Wednesday, July 26, 2017 and the bids were found to be
as follows:
Adelman Concrete and Excavating, Inc. West Fargo, ND
Bid: $966,078.40
Opp Construction LLC Fargo, ND
Bid: $1,028,188.29
Northern Improvement Company Fargo, ND
Bid: $1,497,627.10
Contract for Concrete Pavement Rehabilitation and Incidentals Improvement District No. PR-17-F1 Awarded to Opp Construction LLC in the Amount of $1,028,188.29:
The Board received a communication from Division Engineer Thomas Knakmuhs that Improvement District No. PR-17-F1 contained a prequalification provision, which required the Contractor to have successfully performed and completed one or multiple projects totaling at least 2,000 square yards of full depth concrete spot
and 50 square feet of partial-depth repairs in the last five years. He said the lowest bid, Adelman Concrete and Excavating, provided a list of previous projects; however, they failed to meet the minimal requirements as outlined. The second bid, Opp Construction LLC, provided a list of previous projects, which successfully met the minimal requirements as outlined, he said, and the Engineering Department recommends award of the contract to Opp Construction LLC in the amount of $1,028,188.29 as the best bid meeting the contractor prequalification provision.
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Concrete
Pavement Rehabilitation and Incidentals Improvement District No. PR-17-F1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received for Concrete
Pavement Rehabilitation and Incidentals Improvement District No. PR-17-F1 in the City of Fargo, North Dakota;
and WHEREAS, The City Engineer's tabulation of the bids received for Concrete Pavement Rehabilitation and
Incidentals Improvement District No. PR-17-F1 shows the bid of Opp Construction LLC of Fargo, North Dakota, in
the sum of $1,028,188.29 to be the best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Opp Construction LLC in the sum of $1,028,188.29 is the best bid received.
BE IT FURTHER RESOLVED, That the contract for Concrete Pavement Rehabilitation and Incidentals Improvement District No. PR-17-F1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Opp Construction LLC for the sum of $1,028,188.29, 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 Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners
Gehrig, Piepkorn, Grindberg, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
Discussion Regarding Construction and Parking Impacts Associated with the Block 9 Construction Project (Moved from the Consent Agenda):
Commissioner Piepkorn said he moved this item from the Consent Agenda for further discussion on the Block 9
construction plan. He said he is concerned that the project was approved in May of 2016 and he does not see
much progress and things have changed. He said he supports the project; however, he feels it needs to be
revisited.
City Attorney Erik Johnson said the initial agreement contemplated all the deal documents being approved by
November and those deadlines have been extended with City Commission approval four separate times. The most recent extension was to August 31st and the expectation is that the developer will be at the next meeting to
give an update and likely a request for an extension of the Developer’s Agreement.
Mayor Mahoney said he asked the developer to meet with each Commissioner to update and explain some of the
complexities.
Transportation Division Engineer Jeremy Gorden reviewed the three phases planned during construction and the
plans on keeping streets open and lessening disruptions Downtown.
Commissioner Strand moved to direct appropriate staff to continue work with the Kilbourne Group to develop a
plan for the temporary construction and parking impacts associated with the Block 9 construction project and
to put the finishing touches on the Developer’s Agreement.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, and Mahoney voted aye.
Commissioner Piepkorn voted nay.
The motion was declared carried.
Final Balancing Change Order No. 5 for Improvement District No. BR-16-B1 Approved:
Commissioner Gehrig moved approval of Final Balancing Change Order No. 5 for a decrease of $28,267.73 for
Improvement District No. BR-16-B1.
Second by Piepkorn. On call of the roll Commissioners Gehrig, Piepkorn, Grindberg, Strand and Mahoney voted
aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, August 28, 2017.
Second by Strand. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:06 o'clock p.m.