Board of City Commissioners - July 17, 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, July 17, 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: the Dakota Medical Foundation awarded a $4,000.00 grant to the Fargo Cass Nurse-Family Partnership Program and the United Way has increased support to add an NFP nurse position at Fargo Cass Public Health; IAFF Local 642 Firefighters raised money at Hornbachers’ Stores through the “Fill-the-Boot” campaign for Muscular Dystrophy, Fire Inspector/Investigator Dawn Stollenwerk achieved Certified Fire Marshal status, Chief Dirksen was appointed to the International Association of Fire Chiefs Commission for Fire Accreditation International; the summer reading program at the Library continues through August 5th, the Library is partnering with the Great Plains Food Bank to collect food and toiletry items; Downtown Police Department staff participated in a downtown neighborhood meeting; MATBUS has implemented Telestrat Engage software to increase the quality of paratransit reservationist performance.

Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved, delaying Item No. “28” on the Consent Agenda for two weeks.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Piepkorn moved that the Minutes of the Regular Meeting of the Board held on July 3, 2017 be approved as read.
Second by Strand. All the Commissioners voted aye and the motion was declared carried.

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

1. 2nd reading, waive reading and final adoption of the following Ordinances; 1st reading, 7/3/17:
a. Rezoning Certain Parcels of Land Lying in Schatz 4th Addition, Fargo, Cass County, North Dakota.
b. Rezoning Certain Parcels of Land Lying in Morton & Doty’s Addition to the City of Fargo, Cass County, North Dakota.
c. Repealing and Re-Enacting a Conditional Overlay District on Certain Parcels of Land Lying in Urban Plains by Brandt 1st Addition, Urban Plains by Brandt 2nd Addition, Urban Plains Medical Park Addition, Urban Plains Retail Addition, Urban Plains Center Addition, Urban Plains Northeast Retail Addition and Urban Plains Northeast Retail 2nd Addition, Fargo, Cass County, North Dakota.

2. Receive and file General Fund – Budget to Actual through June 30, 2017 (Unaudited).

3. Pledged securities as of June 30, 2017.

4. Receive and file Second Quarter Financial Status Report for Major Operating Funds through June 30, 2017.

5. Applications for Games of Chance:
a. Scottish Rite Holding Company for a raffle on 12/05/17.
b. Dakota Medical Foundation – Lend A Hand for a raffle on 7/27/17.
c. Knights of Columbus 4th Deg. Assembly 788 for a calendar raffle from 1/01/18 to 1/15/18.
d. YMCA of Cass and Clay Counties for a raffle on 8/01/17.

6. Resolution Authorizing Loan from Wells Fargo Bank, N.A. to the City of Fargo, ND; and Consenting to Loan Agreement between Wells Fargo Bank, N.A. and Cass County, ND (Attachment “A”).

7. Applications for property tax exemptions for improvements made to buildings:
a. Lynette M. Ohm, 1635 9th Street North (5 year).
b. James P. Deutsch Jr. and Rachel M. Rice, 1006 Southwood Drive South (5 year).
c. The Gloria A. Wrigley Rev. Living Trust Agreement, 1021 Park Drive South (5 year).
d. Peggy R. Stern, 2529 East Country Club Drive South (5 year).
e. ICD Builders, Inc., 1819 3rd Avenue North (5 year).
f. ICD Builders, Inc., 1819 3rd Avenue North (5 year).
g. ICD Builders, Inc., 1819 3rd Avenue North (5 year).

8. Amended Memorandum of Understanding with the ND Court System for the purchase, implementation and usage of Odyssey Case Management System.

9. Community Faculty Contract with the University of ND School of Medicine and Health Sciences for medical school student training in the clinic for the
2017-2018 school year.

10. Purchase of Service Agreement with the ND Department of Health for Women’s Way program (CFDA #93.898).

11. Notice of Grant Award with the ND Department of Health for the Water Pollution – EPA Block program (CFDA #66.605).

12. Agreement for Services with Whitney Oxendahl and Amendment to Agreement with Megan Myrdal to implement healthy concession stand options.

13. Direct City Attorney’s office to review and update Article 13-10 of the Fargo Municipal Code relating to Recreational Aquatic Facilities.

14. Direct City Attorney’s office to draft an Ordinance adopting Section 210.12 of the 2017 National Electrical Code.

15. Sole Source Procurement for the purchasing of the annual maintenance contracts in the IS Department.

16. Contract Amendment with Land Elements in the amount of $33,170.00 for The Fargo Project.

17. Title VI and Non-Discrimination Plan.

18. Community Development Block Grant Storefront Rehab projects at 18 13 1/2 Street North, 30 University Drive North and 20 University Drive North.

19. Contract for Services with Special Rescue International for Fire Department Structural Collapse Training in the amount of $76,485.00.

20. Change Orders for the City Hall Project:
a. No. 8 for an increase of $26,049.00 for the general construction contract.
b. No. 4 for an increase of $1,396.00 for the electrical construction contract.

21. Addition of Project No. FM-17-E1 to the 2017 Capital Improvement Plan.

22. Bid advertisement for Project No. FM-17-E.

23. Contracts and bonds for Project Nos. WA1707 and WW1402-10.

24. Bills in the amount of $7,649,140.65.

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

Application for an Early Building Permit for Improvement District No. BN-17-A1 Approved (5101 19th Avenue North):
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) stating the committee reviewed an application for an early building permit submitted by the owner, Mid America Steel, located at 5101 19th Avenue North. There was discussion regarding fire access with the road construction, they said, and access will be allowed either from the east or west throughout the project.

Commissioner Grindberg moved the application for an early building permit for Improvement District No. BN-17-A1 at 5101 19th Avenue North be approved.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Change Order No. 2 for Improvement District No. TR-16-A1 Approved:
Commissioner Grindberg moved approval of Change Order No. 2 for an increase of $5,621.90 for Improvement District No. TR-16-A1.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Change Order No. 3 for Improvement District No. BN-15-N1 Approved:
Commissioner Grindberg moved approval of Change Order No. 3 for an increase of $10,434.86 for Improvement District No. BN-15-N1.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Change Order No. 4 for Improvement District No. BR-16-B1 Approved:
Commissioner Grindberg moved approval of Change Order No. 4 for an increase of $17,003.95 for Improvement District No. BR-16-B1.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Final Balancing Change Order No. 1 for Improvement District No. AN-16-E1 Approved:
Commissioner Grindberg moved approval of Final Balancing Change Order No. 1 for an increase of $293.30 for Improvement District No. AN-16-E1.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Final Balancing Change Order No. 2 for Improvement District No. BN-16-E1 Approved:
Commissioner Grindberg moved approval of Final Balancing Change Order No. 2 for a decrease of $83,281.50 for Improvement District No. BN-16-E1.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Final Balancing Change Order No. 2 for Improvement District No. PN-15-N1 Approved:
Commissioner Grindberg moved approval of Final Balancing Change Order No. 2 for a decrease of $7,058.60 for Improvement District No. PN-15-N1.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Final Balancing Change Order No. 4 for Improvement District No. BN-15-K1 Approved:
Commissioner Grindberg moved approval of Final Balancing Change Order No. 4 for a decrease of $21,219.79 for Improvement District No. BN-15-K1.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Bid Award for Improvement District No. BN-17-A1 Delayed for Two Weeks:
Commissioner Grindberg moved the bid award for Improvement District No. BN-17-A1 be delayed for two weeks.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-G1 Approved:
Commissioner Grindberg moved approval of the Contract between the City of Fargo and Shermans, LLC for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-G1 in the City of Fargo, North Dakota.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Contract Bond for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-G1 Approved:
Commissioner Grindberg moved approval of the following described Contract Bond as to sufficiency:
Western Surety Company, in the amount of $909,972.78, for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No.
BR-17-G1 in the City of Fargo, North Dakota.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-F1 Approved:
Commissioner Grindberg moved approval of the Contract between the City of Fargo and Master Construction Company, Inc. for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-F1 in the City of Fargo, North Dakota.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Contract Bond for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-F1 Approved:
Commissioner Grindberg moved approval of the following described Contract Bond as to sufficiency:
Western Surety Company, in the amount of $1,987,766.00, for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No.
BR-17-F1 in the City of Fargo, North Dakota.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Contract for Broadway Interceptor Wet Weather Improvements – Phase III Improvement District No. NR-17-B (General) Approved:
Commissioner Grindberg moved approval of the Contract between the City of Fargo and ICS, Inc. for Broadway Interceptor Wet Weather Improvements – Phase III Improvement District No. NR-17-B (General) in the City of Fargo, North Dakota.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Contract Bond for Broadway Interceptor Wet Weather Improvements – Phase III Improvement District No. NR-17-B (General) Approved:
Commissioner Grindberg moved approval of the following described Contract Bond as to sufficiency:
Pacific Indemnity Company, in the amount of $4,970,950.00, for Broadway Interceptor Wet Weather Improvements – Phase III Improvement District
No. NR-17-B (General) in the City of Fargo, North Dakota.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Contract for Broadway Interceptor Wet Weather Improvements – Phase III Improvement District No. NR-17-B (Mechanical) Approved:
Commissioner Grindberg moved approval of the Contract between the City of Fargo and All American Plumbing for Broadway Interceptor Wet Weather Improvements – Phase III Improvement District No. NR-17-B (Mechanical) in the City of Fargo, North Dakota.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Contract Bond for Broadway Interceptor Wet Weather Improvements – Phase III Improvement District No. NR-17-B (Mechanical) Approved:
Commissioner Grindberg moved approval of the following described Contract Bond as to sufficiency:
Granite Re, Inc. in the amount of $370,096.00, for Broadway Interceptor Wet Weather Improvements – Phase III Improvement District No. NR-17-B (Mechanical) in the City of Fargo, North Dakota.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Contract for Broadway Interceptor Wet Weather Improvements – Phase III Improvement District No. NR-17-B (Electrical) Approved:
Commissioner Grindberg moved approval of the Contract between the City of Fargo and JDP Electric, Inc. for Broadway Interceptor Wet Weather Improvements – Phase III Improvement District No. NR-17-B (Electrical) in the City of Fargo, North Dakota.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Contract Bond for Broadway Interceptor Wet Weather Improvements – Phase III Improvement District No. NR-17-B (Electrical) Approved:
Commissioner Grindberg moved approval of the following described Contract Bond as to sufficiency:
Ohio Farmers Insurance Company, in the amount of $1,185,670.00, for Broadway Interceptor Wet Weather Improvements – Phase III Improvement District No. NR-17-B (Electrical) in the City of Fargo, North Dakota.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Presentation of the ND Cares Community Program Certificate to the City of Fargo:
Commissioner Gehrig said a Resolution of Support for the ND Cares Community Program was approved by the Commission last year; however, the official acceptance of the Certificate was delayed while a Steering Committee was formed. He said the committee includes local veterans, Grant Larson, Ron Solberg, Alex MacDonald and will be expanded to include enlisted folks of various military branches and others.
North Dakota Air National Guard 119th Wing Commander Colonel Britt Hatley said he sees firsthand the difficulties service members encounter with deployments and he also sees the support the City of Fargo provides to service members day in and day out. He welcomed Fargo to the ND Cares Coalition and presented the ND Cares Certificate to Grant Larson and Commissioner Gehrig.

Discussion Regarding Ordinances Relating to the Sale and Use of Fireworks: Current Ordinance to be Reviewed:
Owner of Memory Fireworks David Reuter said he would like the City Commission to consider a change to City of Fargo Ordinance No. 10-0316 – Sale and Use of Fireworks in the City, making it similar to City of West Fargo Ordinance No. 12-0711 Relating to Fireworks. He said this would allow the lighting of fireworks within Fargo city limits on July 4th and December 31st. He said this proposal is customer driven and not about fireworks sales and a number of cities in the state allow fireworks, many on multiple days in June and July. This is customer driven, he stated, and he feels this change would help law enforcement by allowing them to concentrate on higher priority situations. When West Fargo changed their Ordinance, he said, Memory Fireworks did not see a significant increase in sales in West Fargo. He acknowledged that safety and education is important. He said it is a safer and better experience for families to light fireworks at home in a more controlled environment with immediate access to water and where they will pick up after themselves. It gets confusing for the public with both neighboring West Fargo and Frontier allowing fireworks, he said.

Commissioner Gehrig said the topic comes up each year. He said the current law is not being followed and is restrictive to the point where it is actually illegal to possess fireworks at all. Police get called to investigate every complaint, he said, ranging from the lighting of small fireworks to the discharge of big, dangerous mortar tubes. There could be a common sense compromise, he said, with a goal of having logical guidelines that involve a hefty fine if laws are not followed. He said he would like the Commission to have a say because if nothing is done, an initiated measure could come forward and at that point, this Commission would not have a say.

Fire Chief Steve Dirksen reminded the Board that the mission statement of the Fire Department includes reducing emergencies through public education, code enforcement, protecting lives and property and emergency response. He said there were goals approved prior to accreditation to safeguard through prevention, preparedness and public education and ensure systems and processes are in place to minimize impacts on life and property from fires, disasters and other emergencies. He said in recent years, during the Fourth of July timeframe, Fargo has had less property loss from fireworks than West Fargo. Much of the concern may be the noise aspect, he said, and at times when they are discharged, he has heard concerns of parents with children on the autism spectrum and citizens with PTSD issues, as well as concerns about eye and hand injuries. Nearly 67,000 people in the community live in multi-dwelling residences, he said, where fireworks could be improperly disposed of in the trash containers, which are often inside a multi-level facility. He said he would hope common sense would prevail; however, in his experience, that is not always the case.

Police Chief David Todd said between July 1st and July 6th the Police Department answered 225 calls for service related to fireworks on top of the 215-220 calls averaged per day and it does become unenforceable. Often what is done, he said, is the citizen is asked to put their fireworks away and if called out again enforcement action is taken. He said it is good to at least have an Ordinance in place that causes people to hesitate or not participate and it could become more of a
free-for-all if the door is opened. With the number of incidents even with an Ordinance in place, he said, he worries about it increasing if there are changes.

Commissioner Grindberg said it would be helpful to see statistics and data in a written format from both Chief Dirksen and Chief Todd that shows complaints, locations and trends.
Commissioner Piepkorn said he would recommend a review by those involved including Police, Fire and fireworks vendors. He said he also feels limiting sales to five days is restrictive; however, that is a legislated restriction and not a local decision.
Mayor Mahoney suggested the Board form a group and that Commissioner Gehrig oversee it.
Commissioner Gehrig said a group could meet one or two times for a review and bring recommendations to the Board on whether or not to make changes.
Commissioner Strand said he has not heard requests from the public for fireworks to be opened up in Fargo and does not see making it a priority. While some choose to participate, he said, all people have to bear the result and many do not want the sound, disruption and questions of safety. He said the concerns of the Police Department and Fire Department are significant enough to compel the Board to follow their advice and if people choose to do fireworks, they can go do it somewhere that it is allowed.

Commissioner Piepkorn moved to direct appropriate staff and individual entities involved to review the current ordinance relating to the sale and use of fireworks and bring back recommendations to the City Commission.
Second by Gehrig. On call of the roll Commissioners Piepkorn, Gehrig, Grindberg and Mahoney voted aye.
Commissioner Strand voted nay.
The motion was declared carried.

Resolution Providing for the Issuance of Revenue Bonds by the Colorado Health Facilities on Behalf of the Evangelical Lutheran Good Samaritan Society Continued to July 31, 2017:
This was the time and date set for a hearing on a Resolution Providing for the Issuance of Revenue Bonds by the Colorado Health Facilities on behalf of the Evangelical Lutheran Good Samaritan Society; however, Finance Director Kent Costin has asked that this hearing be continued to 5:15 p.m., July 31, 2017.

Commissioner Grindberg moved the Hearing be continued to 5:15 p.m. on Monday, July 31, 2017.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Parcels of Land in Pantzke Addition Rezoned and a Planned United Development Master Land Use Plan Approved (402 25th Street North):
At a Hearing held on June 6, 2017 the Fargo Planning Commission recommended approval of a change in zoning from LI, Limited Industrial to LI, Limited Industrial with a PUD, Planned Unit Development Overlay and a Planned Unit Development Master Land Use Plan for Lot 1, Block 1 of Pantzke Addition.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Senior Planner Donald Kress said the applicant has a storage facility at this property and intends to build an addition. The majority of the property existed prior to the adoption of the LDC, he said, and the PUD is needed to facilitate additional development on this site which would otherwise have been prohibited through the LDC. The PUD allows flexibility to allow additional development on the site and modifies front setback, open space landscaping and parking lot parameter landscaping, he said, allowing the property owner to continue to invest in the property which is largely already developed.

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 Pantzke 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 Pantzke Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Text Amendment to Amend Article 20-10, Chapter 20 of the Fargo Municipal Code (Land Development Code) Relating to Nonconformities Approved:
A Hearing had been held by the Fargo Planning Commission on July 6, 2017 for the purpose of considering a request for a Text Amendment to Amend Article
20-10, Chapter 20 of the Fargo Municipal Code (Land Development Code) all relating to nonconformities and the Fargo Planning Commission at such Hearing recommended to the Board of City Commissioners that the request be approved.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
There have been no written or verbal protests to the request and no one is present to protest thereto.

Planning Administrator Nicole Crutchfield said the staff initiated text amendment is to edit text that allows for when a property is acquired for right-of-way expansion. She said the current Ordinance indicates what is exempt; however, it is not clear when landscaping, parking counts and the like are grandfathered in, so the proposed text is meant to add that clarification.

Commissioner Grindberg moved the request be approved on the basis the proposed Text Amendment complies with Section 20-0904.E (1-3) of the Land Development Code.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

First Reading of an Ordinance Amending Section 20-1005 of Article 20-10 of Chapter 20 of the Fargo Municipal Code (Land Development Code) Relating to Nonconformities:
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 Amending Article 20-1005 of Chapter 20 of the Fargo Municipal Code (Land Development Code) Relating to Nonconformities be placed on first reading.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried

Resolution Adopted Approving Brandt Crossing Twelfth Addition (3270 51st Street South):
A Hearing had been set for July 17, 2017 on a Plat of Brandt Crossing Twelfth Addition (Minor Subdivision), a replat of Lot 1, Block 1, Brandt Crossing Eleventh Addition to the City of Fargo, Cass County, North Dakota.

Commissioner Grindberg offered the following Resolution 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 “Brandt Crossing Twelfth Addition” containing 1 Lot, 1 Block and 4.044 acres of land more or less, located at 3270 51st Street South; and
WHEREAS, A Hearing was held June 6, 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, As announced in the City Commission agenda which was made available on July 13, 2017 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., on July 17, 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 “Brandt Crossing Twelfth Addition” 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 the Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.
Second by Strand. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

State Water Commission Request for Reimbursement for FM Diversion Project Costs Approved:
Finance Director Kent Costin said the State Water Commission is requesting $538,830.00 for cost reimbursement for the FM Area Flood Risk Management Project for June 2017. He said the request is for expenses related to projects in the Oxbow/Hickson/Bakke component of the project.

Commissioner Strand moved the reimbursement request in the amount of $538,830.00 for the FM Area Flood Risk Management Project for expenses related to projects in Oxbow/Hickson/Bakke be approved.
Second by Grindberg On call of the roll Commissioners Strand, Grindberg, Gehrig 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 $457,440.00 for cost reimbursement for the FM Area Flood Risk Management Project for June 2017. He said the request is for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project.

Commissioner Strand moved the reimbursement request in the amount of $457,440.00 for the FM Area Flood Risk Management Project for expenses related to projects excluding Oxbow/Hickson/Bakke be approved.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Piepkorn, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Discussion of Downtown Police Enforcement:
Commissioner Piepkorn said he would like to discuss Downtown Police enforcement. He said he was recently at the Street Fair downtown and it was fantastic to see the Police presence. He said there needs to be a perception that people are safe when they are downtown and the visibility of officers has a positive impact. He said he wants to be sure that continues, there have been issues downtown and it is important, especially during busy times, that staff is there. He said the Board wants to be sure the PD has necessary resources and support.

Police Chief David Todd said there was a Downtown Neighborhood meeting last week. Downtown resources are directed through Compstat efforts which measure crime, he said, and through Intelligence-led Policing Models which identify who may be responsible for crime so that type behavior can be targeted. Downtown Resource Officers Jessica White and Scott Normandin, as well as beat officers, have a presence and Downtown is the highest staffed beat in spite of being the smallest geographically.

District 1 Commander Lieutenant Chris Helmick said it seems in recent weeks the importance of safety downtown has been stressed and a perception by some folks that downtown is not safe is frustrating. He said Downtown is excellent and everything possible will be done to keep it that way. He said the PD is working to maximize its resources and is hearing the concerns loud and clear.

In response to a question from Commissioner Strand about what kind of budget increase would be needed to address this public concern, Chief Todd said he has felt well supported by the Board in his budget requests. He has compiled a
ten-year plan of the needs to keep up with growth and to catch up with staffing. Budget requests are made according to that plan, he said, and he does not see the need for an adjustment now. He said the Police Department recognizes its responsibility in quality of life issues, including feeling safe, and takes it very seriously and should difficulties arise that need to be addressed, he will let the Board know if he needs a different resource.

Downtown Community Partnership (DCP) Board Chair Tim Flakoll said the DCP uses an approach for downtown quality of life and safety that includes Downtown Ambassadors and a Safety Committee was recently added. He said Downtown is ground zero for media exposure, and to continue the idea of being a “pearl on the prairie” where people want to come, it takes many people working together. Also, he said, continued investments from the City, such as the higher quality lights in the Roosevelt area, are helpful from a safety standpoint.

Commissioner Strand said public safety is a high priority and perception is a big part of it. He said to improve perception one must be willing to invest in it and it is important to meet the needs of the people.

Mayor Mahoney said he feels Chief Todd brought forth a budget request that addresses the needs, including downtown safety.

Chief Todd said the ratio was 1.29 officers per thousand when he became Chief and now it is 1.43 per thousand, so legitimate progress has been made. He said he distributed the Strategic Plan to the Commissioners that lists goals for the next three years and personnel issues are part of that.

Don Carlton Hawley Jr. Reappointed to the Library Board:
The Board received a communication from Mayor Mahoney recommending that Don Carlton Hawley Jr. be reappointed to the Library Board.

Commissioner Gehrig moved Don Carlton Hawley Jr. be reappointed to the Library Board for a three-year term ending June 30, 2020.
Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Appointments to the Native American Commission:
The Board received a communication from Mayor Mahoney recommending that Francis Oakgrove and Ruth Buffalo be appointed to the Native American Commission to fill the expired terms of Connie Longie and David Donahue.
Commissioner Gehrig moved Francis Oakgrove and Ruth Buffalo be appointed to the Native American Commission for three-year terms ending June 30, 2020.
Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Monday, July 31, 2017.
Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 5:58 o’clock p.m.