Board of City Commissioners - December 4, 2017 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, December 4, 2017.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn, Strand, Mahoney.
Absent: Strand.
Mayor Mahoney presiding.
The Mayor read a statement with the following information: Kim Lipetzky of the Fargo Cass Public Health Department received the Cass Clay Food Champion award, and a food drive will be held December 11th-15th to benefit the Emergency Food Pantry; the Library is holding a number of programs for residents of all ages; building permit activity during October and November included construction worth $125 million with the total value of 2017 building projects at $428 million through November; the Police Department is working to have NARCAN in each squad car; the Solid Waste Department is focusing on public education for the ALL in ONE recycling program; MATBUS entered three buses in the Holiday Lights Parade and the info system at the GTC has been upgraded; Broadway has been named one of this year’s 50 Main Streets Across America and WalletHub named Fargo the Sixth Safest City in America for 2017.
A video titled “Unity” featuring Fargo Police Officers Michael Bloom and Matthew Niemeyer, students from Jefferson Elementary and South High School and Atlanta rapper DPB was viewed. Mayor Mahoney said the idea is to show the community the human side of Fargo’s men and women in blue and to connect with the younger generation.
Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved, withdrawing Item No. “33” in the Consent Agenda.
Second by Gehrig. All the Commissioners present 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 November 20, 2017 and Special Meeting of the Board held
November 27, 2017 be approved as read.
Second by Gehrig. All the Commissioners present voted aye and the motion was declared carried.
Consent Agenda Approved:
Commissioner Grindberg moved the Consent Agenda be approved as follows:
1. 2nd reading, waive reading and final adoption of the following Ordinances;
1st reading, 11/20/17:
a. Amending Article 13-10 of Chapter 13 of the Fargo Municipal Code Relating to Aquatic Venues.
b. Amending Article 21-04 of Chapter 21 of the Fargo Municipal Code Relating to the International Building Code.
2. Tax exemptions for improvements made to buildings:
a. Jeffrey and Rebecca Ledoux, 4442 Carrie Rose Lane South (3 year).
b. John K. Stibbe, 220 8th Street South, Unit B1 (3 year).
c. Elaine I. Mitzel, 1804 28th Avenue South (3 year).
d. Patrick R. and Megan M. Stollenwerk, 3142 Edgewood Drive North (5 year).
e. Ray and Sylvia Heupel, 2413 16th Street South (5 year).
f. Jack and Kay Holm, 2905 3rd Street North (5 year).
g. Nicholas R. and Tracy R. Lee, 2514 East Country Club Drive South (5 year).
h. Gary L. and Elizabeth J. Anderson, 501 20th Avenue North (5 year).
i. Cloy D. and Miriam B. Tobola, 1346 2nd Street North (5 year).
j. Paul S. and Rhonda L. Peterson, 1542 3rd Street North (5 year).
k. Terry T. and Shirley A. Nerby, 2515 2nd Street North (5 year).
l. Craig and Virginia Mueller, 2820 Elm Street North (5 year).
m. Kevin G. and Colleen A. Lanners, 2553 Willow Road North (5 year).
n. James A. and Kay Dell Breyer, 2565 Willow Road North (5 year).
o. MJ Properties LLC, 1521 10th Street North (5 year).
p. Michelle Paulus Barry, 1461 10th Street North (5 year).
q. Kyle and Jeanne Bakken, 3231 Elm Street North (5 year).
r. Gerald and Georgianna R. Lacher, 814 30th Street North (5 year).
3. Amended site authorization for the Plains Art Museum at Wild Bill’s Sports Saloon.
4. Games of Chance application for Muskies Inc. F-M Chapter for a raffle on 2/8/18.
5. Agreement for Downtown Business Improvement District Services and Materials with the Downtown Community Partnership from 1/1/18 to 12/31/20.
6. Name change of the liquor license held by GM Fargo, LLC d/b/a Green Mill to GM Fargo, LLC d/b/a Crooked Pint Ale House.
7. Sole Source Procurement with MityLite, Inc., Clarin/Hussey Seating and Stageright Corp. for a three-year period for replacement components of existing purchases at the FARGODOME.
8. Sole Source Procurement of the 2018 subscription of the Arena Network at the FARGODOME.
9. Bid award of janitorial products at the FARGODOME to Cole Papers and Dacotah Paper as per the bid tabulation.
10. Agreement for Services with Jaci McCaskell Kulish to assist in the development of the breastfeeding peer counselor role.
11. Agreement with Richland County Health Department to provide nurse practitioner services for family planning services.
12. Client Agreement with TargetSolutions for online training program platform.
13. Position Evaluation Committee Recommendations:
Administration and Planning:
Request to create a Director of Strategic Planning and Research position (Grade 23).
Request to create an Assistant Planning Director position (Grade 20).
Request to reclassify the following:
Planning Administrator to Planning Director from Grade 18 to Grade 23.
Planner to Urban Planning Coordinator from Grade 14 to Grade 16.
Planner to Community Development Coordinator from Grade 14 to Grade 16.
Senior Planner to Current Planning Coordinator from Grade 15 to Grade 16.
Planner to Long-Range Planning Coordinator from Grade 14 to Grade 16.
Planner to Senior Planner from Grade 14 to Grade 15.
Assistant Planner to Planner from Grade 12 to Grade 14.
Community Development Assistant to Assistant Planner from Grade T99 to Grade 12
Request to eliminate the following:
Planner (Grade 14).
Housing Rehabilitation Specialist (Grade 13).
PEC recommends approval of these requests effective upon approval. Annual cost of request: budget neutral.
Enterprise:
Request to create an Enterprise Instrumentation and Control Coordinator position (Grade 16).
Request to reclassify the following:
Utility Directors from Grade 20 to Grade 22.
Plant Superintendents from Grade 15 to Grade 17.
Control System Managers from Grade 14 to Grade 15.
Request to eliminate the Enterprise Director Position (Grade 24).
PEC recommends approval of these requests effective upon approval. Annual cost of request: -$42,772.00.
Engineering:
Request to reclassify the following:
Office Associate III to Principal Office Associate from Grade 9 to Grade 11,
effective retroactive to June 26, 2017.
Civil Engineer II from Grade 17, effective upon approval
Engineering Technician II to III from Grade 11 to 13, effective January 1, 2018.
PEC recommends approval of these requests effective as indicated above. Annual cost of request: Salary savings from vacant City Engineer position.
Fargo Cass Public Health:
Request to create full-time temporary position:
Harm Reduction Specialist (Grade 9).
PEC recommends approval of this request effective upon approval.
Annual cost of Request: Covered by existing budgeted dollars for additional response and grant funding.
14. Set December 18, 2017 at 5:15 pm as the date and time for a hearing on a dangerous building at 1011 5th Avenue South.
15. 2018 Police Department budget adjustment and COPS Hiring Program Grant award in the amount of $217,758.00 (CFDA #16.710).
16. Change Order No. G-3 for an increase of $9,462.00 for the general construction contract for the Police Department Remodeling Project at the Border States Electric Building.
17. Resolution Approving Plat of Brandt Crossing Thirteenth Addition (Attachment “A”).
18. Bid award for chemicals at the Water Treatment Plant and Wastewater for 2018.
19. Three-Year General Engineering Service Agreements with the following consultants:
a. AE2S/Black & Veatch and Apex/Carollo for Water Utility.
b. AE2S/Black & Veatch and Apex/Carollo for Wastewater Utility.
c. Wenck Associates for Solid Waste Utility.
20. Application of 13.5 calendar days of liquidated damages in the amount of $1,200.00 per day and extend the substantial completion date to 5/15/18 (Project No. UN-15-B1).
21. Release of Permanent Easement (Storm Sewer) within Fargo Park District Property (Project No. FM-14-81).
22. ND Department of Transportation – Transportation Alternatives Program Application for 2019 Construction.
23. Contract and bond for Project No. UR-17-C1.
24. Bills in the amount of $11,059,157.32.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Strand.
The motion was declared carried.
Negative Final Balancing Change Order No. 4 for Improvement District No. BN-16-G1 Approved:
Commissioner Grindberg moved approval of Negative Final Balancing Change Order No. 4 in the amount of $-125,339.61 for Improvement District No. BN-16-G1.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Strand.
The motion was declared carried.
Negative Final Balancing Change Order No. 1 for Improvement District No. PN-17-A1 Approved
Commissioner Grindberg moved approval of Final Balancing Change Order No. 1 in the amount of $-21,346.86 for Improvement District No. PN-17-A1.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Strand.
The motion was declared carried.
Change Order No. 3 and Time Extension for Improvement District No. BN-17-B1 Approved:
Commissioner Grindberg moved approval of Change Order No. 3 for an increase of $14,700.00 and time extension to 7/18/18 for Improvement District No. BN-17-B1.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Strand.
The motion was declared carried.
Change Order No. 3 and Time Extension for Improvement District No. BR-17-F1 Approved:
Commissioner Grindberg moved approval of Change Order No. 3 for an increase of $79,037.50 and time extension to 7/15/18 for Improvement District No. BR-17-F1.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Strand.
The motion was declared carried.
Change Order No. 1 and Time Extension for Improvement District No. BR-17-L1 Approved:
Commissioner Grindberg moved approval of Change Order No. 1 for an increase of $4,830.00 and time extension for substantial completion to 10/17/17 for Improvement District No. BR-17-L1.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Strand.
The motion was declared carried.
Encroachment Agreement with the Fargo Park District Approved (Improvement District No. BR-17-G1):
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) stating during the street reconstruction project on 7th Street South from 1st Avenue South to 5th Avenue South an undocumented encroachment at 616 1st Avenue South was identified on the east side of the 100 Block of 7th Street South. Staff brought this to the attention of the Park District, they said, and the Park District is now requesting to be allowed to continue to encroach and would like all fees to be waived.
Commissioner Grindberg moved the Encroachment Agreement with the Fargo Park District for Improvement District No. BR-17-G1 be approved, waiving the application and annual fees.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Strand.
The motion was declared carried.
City of Fargo Concurs with the NDDOT Bid Award for P.C. Concrete Pavement, Storm Sewer, Sanitary Sewer, Pedestrian Box Culvert, Lift Station, Traffic Signals, Street Lighting, Sidewalk and Incidentals Improvement District No. PR-17-B1 (18th Avenue South to 21st Avenue South):
The Board received a communication from Transportation Division Engineer Jeremy Gorden stating bids were opened by the NDDOT on November 17, 2017 for the South University Drive Street Reconstruction Improvement District PR-17-B1. He said there were three bids and the low bid was Master Construction Company, Inc. of Fargo, North Dakota with a bid of $4,900,705.30. The Engineers estimate for the project was $5,318,450.70, he said, and there are special assessments associated with this project. No protests have been received, he stated, so protests should be declared insufficient. Fargo’s share of this project is $1,396,997.23, he stated.
Commissioner Grindberg moved the City of Fargo concur with the NDDOT bid award for P.C. Concrete Pavement, Storm Sewer, Sanitary Sewer, Pedestrian Box Culvert, Lift Station, Traffic Signals, Street Lighting, Sidewalk and Incidentals Improvement District No. PR-17-B1 to Master Construction Company, Inc. and the amount of $4,900,705.30.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Strand.
The motion was declared carried.
NDDOT Urban Agreement for Construction of Federal Aid Project Title II Safety Program Approved (Improvement District No. BN-17-A2):
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) regarding a project to relocate and upgrade the BNSF roadway signal warning system for the new 19th Avenue North alignment that will be completed in 2018. They said the work is eligible for federal aid and will be split 90% federal and 10% local. The total project cost is $287,177.00, and the local share is $28,717.00 which will be special assessed, they said.
Commissioner Grindberg moved the NDDOT Urban Agreement for Construction of Federal Aid Project Title II Safety Program (Improvement District No. BN-17-A2) be approved.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Strand.
The motion was declared carried.
Contract and Bond for Improvement District No. SN-16-C1 Withdrawn:
This item was withdrawn due to the fact that the right of way agreement has not been signed.
Presentation by 4th Grade Students from Washington Elementary School on their Local Service Project Centered Around Hunger Solutions:
Concordia College Professor Barbara Witteman said her students have paired with students from Washington Elementary School 4th Grade Teacher Missy Krueger’s class. She said the college students first learned about hunger, then went out and taught the fourth graders, who then went out and taught the public about hunger. Some of the 4th graders, with the help of their college mentors, shared their local service-learning project centered around hunger solutions.
Hearing on Vacation of a Portion of 2nd Street North Between 1st Avenue North and 5th Avenue North of North Dakota R-1 Urban Renewal Addition Continued to December 18, 2017 (2nd Street North from 1st Avenue North to 5th Avenue North):
A Hearing had been set for this day and hour on a Vacation of a portion of 2nd Street North between 1st Avenue North and 5th Avenue North of North Dakota R-1 Urban Renewal Addition (2nd Street North from 1st Avenue North to 5th Avenue North); however, planning staff is requesting the Hearing be continued to December 18, 2017.
Commissioner Grindberg moved the Hearing be continued to 5:15 o’clock p.m. Monday, December 18, 2017.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Strand.
The motion was declared carried.
Hearing on a Dedication Plat of 2nd Street North on Portions of North Dakota R-1 Urban Renewal Addition, Keeney and Devitt’s Second Addition and Portions of Vacated 2nd Street North, 4th Avenue North and 5th Avenue North Continued to December 18, 2017 (2nd Street North from 1st Avenue to 5th Avenue North):
A Hearing had been set for this day and hour on a Dedication Plat of 2nd Street North on Portions of North Dakota R-1 Urban Renewal Addition, Keeney and Devitt’s Second Addition and Portions of Vacated 2nd Street North, 4th Avenue North and 5th Avenue North (2nd Street North from 1st Avenue to 5th Avenue North); however, Planning staff is requesting the Hearing be continued to December 18, 2017.
Commissioner Grindberg moved the Hearing be continued to 5:15 o’clock p.m. Monday, December 18, 2017.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Strand.
The motion was declared carried.
Resolution Adopted Approving Street Vacation Plat of 22nd Street North Between Block 11 and Block 12, Tyler’s Addition (300 and 400 Blocks of 22nd Street North):
Planner Aaron Nelson said the section of land contains an abandoned railroad track that is currently being used by adjacent property owners who would like to take formal ownership in order to clean it up and fence it in. He said there are no street improvements or infrastructure other than an existing sanitary sewer main and abandoned water main. He said an easement would be retained by the City of Fargo in order to maintain those underground utilities.
Commissioner Grindberg offered the following Resolution contingent upon the execution of a separate easement document describing the rights retained by the City’s Sanitary Sewer and Water Line Easement and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Street Vacation Plat of 22nd Street North Between Block 11 and Block 12, Tyler’s Addition to the City of Fargo, Cass County, North Dakota;” and
WHEREAS, A Hearing was held September 5, 2017 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on October 30 and November 6, 13 and 20, 2017 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., December 4, 2017 at which time said Plat would be considered and all interested persons would be heard.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “Street Vacation Plat of 22nd Street North Between Block 11 and Block 12, Tyler’s Addition to the City of Fargo, Cass County, North Dakota” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.
Second by Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Piepkorn, Gehrig and Mahoney voted aye.
Absent and not voting: Commissioner Strand.
The Resolution was adopted.
Update from the Greater Fargo Moorhead Economic Development Corporation:
Mark Vaux and James Gartin, president and vice president respectively, of the Greater Fargo Moorhead Economic Development Corporation (GFMEDC), presented the Fargo Quarterly Update and outlined its various programs in relation to the City of Fargo.
Mr. Vaux said he has been working closely with Planning Director Jim Gilmour on some expansion projects and an attraction project that hopefully he can talk about in the first months of 2018. He said some good projects to highlight are the growth of BNG Technologies and Discovery Benefits. They will be launching a new website soon, he said, and he encouraged the Board to look at it. He said there has been amazing activity in the new Growth Initiative Fund program. Efforts continue with air service, he said, and the EDC continues to support Fargo-based organizations, having made investments of over $100,000.00 this year on a community-wide basis. A Workforce Development Council has been created, he said, which is a major capital investment to move labor and workforce issues forward.
Mr. Gartin said the largest investment in the community was made recently, $300,000.00, matching that from the Bank of North Dakota and the ND Development Fund, to support a local company’s growth. He said this will likely be the largest year they have had at $1.7 million.
Commissioner Piepkorn said the city’s return on investment with the GFMEDC has been great and the city benefits greatly from what they do. He said they are a great asset to the region and he thanked them for all the work they do.
State Water Commission Request for Reimbursement for FM Diversion Project Costs Approved:
Finance Director Kent Costin said the State Water Commission is requesting $897,057.00 for cost reimbursement for the FM Area Flood Risk Management Project for October 2017. He said the request is for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project.
Commissioner Grindberg moved the cost reimbursement request in the amount of $897,057.00 for the FM Diversion Flood Project for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project be approved.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig and Mahoney voted aye.
Absent and not voting: Commissioner Strand.
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 $488,613.00 for cost reimbursement for the FM Area Flood Risk Management Project for October 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 $488,613.00 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 and Mahoney voted aye.
Commissioner Piepkorn voted nay.
Absent and not voting: Commissioner Strand.
The motion was declared carried.
Downtown InFocus: A Blueprint for Fargo’s Core Approved:
Planning Administrator Nicole Crutchfield said Scott Page of Interface Studio was unable to attend due to the weather and she will share the report in his place. The Downtown InFocus Plan represents a milestone moment, she said; however, that is not to say the work is done, it is just beginning. She said hundreds participated in the outreach events focused on finding a common vision for the community as a whole. She said the final report for the downtown master plan, titled “Downtown InFocus: A Blueprint for Fargo’s Core,” brings together seven goals to implement a shared vision of future downtown: Grow as a Neighborhood, Prosper as a Business Center, Thrive as a Destination, Be a Model for Growth and Development, Complete Our Streets, Park Smart and Play with Purpose. These goals include a family-friendly destination, celebrating who we are, embracing creativity and arts, she said, and a place for demonstration of great ideas. She shared an overview of the contents and highlights of the report and how it provides guidance for implementation sets the tone and clarifies roles.
Commissioner Grindberg complimented Ms. Crutchfield, staff and the consultants. He said this has been a comprehensive effort that has brought a lot of engagement from the community.
Commissioner Piepkorn said this is great groundwork with a ton of excellent ideas, some already being worked on, and it ties in with the arts. He said this will set the tone for 50 to 100 years of what Downtown will look like, and it was money and time well spent.
Commissioner Gehrig said he sees the blueprint as a suggestion that would be received and filed. He said if the action of the Board is to approve it, that seems more like a mandate to do something. He likes the majority of the plan, he said; however, he has concerns on things such as adding a permanent TIF to Downtown. If it is a mandate, he would vote against it, he said.
Kevin Hively of Interface Studio said there is no permanent TIF in the plan. He said it is a district-based model with the idea of doing it through general obligation bonds, set up with a special account that would allocate money generated by revenue from Downtown and not a stiff structure as Bismarck does it. He said the report contains guides and suggestions. He said this has been a great project to work on and Fargo is one of the communities where he is sad to see the work end. There is a great amount of potential here, he said, and Interface Studio was proud to be part of the plan.
Commissioner Piepkorn said there are lots of good ideas and it is not mandatory everything is adopted. They are concepts that should be considered, he said, and things will change as time goes by,
Mayor Mahoney said the study is an option of what to do in the future and the Board, along with department heads, will figure out which way to go.
Commissioner Grindberg said this is more to accept the recommendations of the plan.
Mayor Mahoney said to receive and file it could mean that it goes back on the shelf and does not get used. He said this is a document that needs to be continued and worked with. This is an opportunity to kickstart some of the suggestions and what has come in focus, he said, and presents opportunities for the Board and the Planning Department.
Commissioner Gehrig said he would not support a motion to approve the report; however, he would support a motion to receive and file it and to use it as a guideline.
Ms. Crutchfield said approval of the report sends a message that the City wants to work towards implementing this vision. She said there are many more steps and there will be more visits back to the Board. This document is a work plan that communicates big ideas and there will be many gradients along the way. Implementing the full vision will possibly require some financing, she said, and decisions on how that is accomplished.
Commissioner Grindberg moved the Downtown InFocus: A Blueprint for Fargo’s Core be approved.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn and Mahoney voted aye.
Commissioner Gehrig voted nay.
Absent and not voting: Commissioner Strand.
The motion was declared carried.
Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, December 18, 2017.
Second by Grindberg. All the Commissioners present voted aye and the motion was declared carried.
The time at adjournment was 5:51 o’clock p.m.