Board of City Commissioners - March 13, 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, March 13, 2017.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Mahoney (via conference call), Strand, Piepkorn.
Absent: None.
Commissioner Piepkorn presiding.
Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved moving Item No. “23” from the Consent Agenda to the Regular Agenda, moving Item No. “34” to the beginning of the Regular Agenda and adding an Executive Session relating to Item No. “33” at the end of the meeting.
Second by Strand. 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 February 27, 2017 be approved as read.
Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.
Consent Agenda Approved:
Commissioner Strand moved the Consent Agenda be approved as follows:
1. Receive and file an Ordinance Amending Sections 8-0101, 8-0305, 8-0920,
8-0921, 8-0925, 8-0925.1 and 8-0925.8 of Articles 8-01, 8-03, 8-09 and Enacting Sections 8-0920.1 and 8-0921.1 of Article 8-09 of Chapter 8 of the Fargo Municipal Code Relating to the Traffic Code.
2. 2nd reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in the Pines at the District Addition, Fargo, Cass County, North Dakota; 1st reading, 2/27/17.
3. Resolution authorizing the City Auditor to accept sealed bids regarding the sale of property in Tyler’s Addition (Attachment “A”).
4. Receive and file quarterly report of City investments as of December 31, 2016.
5. Receive and file Year to Date – Budget to Actual Report for February 2017.
6. Applications for property tax exemptions for improvements made to buildings:
a. David A. and Judy R. Thompson, 2424 27th Avenue South (3 year).
b. Wayne E. Graff, 22 Fremont Drive South (3 year).
c. Kimberly C. Gores, 2702 28th Avenue South (3 year).
d. Mark and Beth Ferguson, 2249 North Flickertail Drive South (5 year).
e. Michael J. and Anne M. Rydell, 3608 Fairway Road North (5 year).
f. Wylie N. and Lois I. Briggs, 2525 West Country Club Drive South (5 year).
g. Allison N. Hursman, 601 Southwood Drive South (5 year).
h. William Craig and Marcia Strehlow, 420 6th Avenue South, Unit 403 (5 year).
i. John C. Shipley, 113 Woodland Drive North (5 year).
j. Glenio R. and Linda F. Trindade, 1534 5th Street South (5 year).
k. Lyle A. and Judy L. Lauritsen, 1546 5th Avenue South (5 year).
7. Site Authorization for Horse Race North Dakota at Chub’s Pub.
8. Applications for Games of Chance:
a. Eira Gault’s Benefit for a raffle on 3/19/17; Public Spirited Resolution.
b. Fargo Moorhead Derby Girls for a raffle on 4/8/17.
c. Benefit for Jean Moe Benefit Fund for a raffle from 3/14/17 to 3/18/17; Public Spirited Resolution.
d. Bennett Elementary School for a raffle on 4/28/17.
e. Oak Grove Lutheran School for a raffle on 4/7/17.
f. NDSU Saddle and Sirloin for a raffle on 4/15/17.
9. Amendment to the Purchase of Service Agreement with the ND Department of Health for Ryan White Case Management (CFDA No. 93.917).
10. Sole Source Procurement with Bishop Land Design LLC (BLD) in the amount of $30,000.00 for The Fargo Project.
11. Change Order No. 2 for an increase of $4,953.64 with Earthwork Services for The Fargo Project-Water Features.
12. Bid award to Roers Construction for the handicap seating expansion at the FARGODOME in the amount of $139,300.00.
13. Mutual Aid Agreement/Memorandum of Understanding with the City of Grand Forks Fire Department.
14. Submission of grant applications to the State of North Dakota for 5339 and 5310 capital funding.
15. Bid award to Key Contracting, Inc., in the amount of $232,194.00, for the GTC Deck Overlay and Exhaust Duct Relocation project.
16. Agreement with All-Terrain Grounds Maintenance, Inc. for landscape maintenance assistance for the Forestry Department for 2017-2021, with up to an additional 4 years negotiated extension (RFP17025).
17. Contract extension with Cougar Tree Care, Inc., up to $20,000.00, for 2017 winter pruning projects.
18. FAA Aerial Mosquito Spraying Authorization Application for Airborne Custom Spraying.
19. Purchase Agreement with Byron D. Zebley for property located at 3215 39th Avenue South (Project No. MS-15-K0).
20. Right of Entry Agreement with the Cass County Joint Water Resource District for biotic and geomorphic surveys at 1510 South River Road.
21. Payment to Dakota Underground Company in the amount of $14,464.64 for sanitary sewer repair at 732 2nd Street North.
22. Change Order No. 5 for an increase of $3,390.00 for Project No. FM-15-B1.
23. Revision to the 2017 Overdimensional Vehicle Policy to allow the option to charge increased weight fees rather than prohibit movements (moved to the Regular Agenda).
24. Bills in the amount of $13,239,659.27.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Urban Agreement for Construction of Federal Aid Project Title II Safety Program with the NDDOT Approved (Improvement District No. BN-17-B2):
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) regarding an agreement with the North Dakota Department of Transportation (NDDOT) for the replacement and widening of the railroad crossing on 45th Street, which is eligible to receive federal aid at a 90/10 split. They said the improvement is in conjunction with the construction and realignment of 19th Avenue North.
Commissioner Strand moved the Urban Agreement for Construction of Federal Aid Project Title II Safety Program with NDDOT associated with Improvement District No. BN-17-B2 be approved.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Urban Agreement for Construction of Federal Aid Project Title II Safety Program with the NDDOT Approved (Improvement District No. BR-17-E2):
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) regarding an agreement with the North Dakota Department of Transportation (NDDOT) regarding the availability of $86,055.30 in federal funds to assist in the replacement of the rail surface at 25th Street South, north of 3rd Avenue South. They said the local share under the agreement is $9,461.70, which will be special assessed.
Commissioner Strand moved the Urban Agreement for Construction of Federal Aid Project Title II Safety Program with NDDOT associated with Improvement District No. BR-17-E2 be approved.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Incentive/Disincentive Clause for Improvement District No. BR-17-B1 Approved (12th Avenue North to 15th Avenue North):
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) regarding a recommendation to add an incentive/disincentive of $1,000.00 per day per phase with a cap of 1% of the contract amount (estimated to be $32,000.00). They said Broadway is an arterial road that carries 5,700 vehicles per day. They said there will be another project on Broadway from 15th Avenue to 19th Avenue; however, this project should not negatively affect the project to the north or the construction timeline. They said getting each of these projects finished in as timely a manner as possible is a benefit because it will also increase the east-west connectivity of the north side and allow displaced traffic to return to the arterial.
Commissioner Strand moved the incentive/disincentive for Improvement District No. BR-17-B1 be approved as recommended.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Change Order No. 1 and Time Extension for Improvement District No. TR-16-A1 Approved:
Commissioner Strand moved approval of Change Order No. 1 for an increase of $5,785.83 and time extension of 30 days for Improvement District No. TR-16-A1.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Change Order No. 3 for Improvement District No. PR-14-01 Approved:
Commissioner Strand moved approval of Change Order No. 3 for an increase of $13,525.32 for Improvement District No. PR-14-01.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Change Order No. 3 for Improvement District No. NN-15-A1 Approved:
Commissioner Strand moved approval of Change Order No. 3 for an increase of $12,020.00 for Improvement District No. NN-15-A1.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-H (23rd Avenue South from 15th to 16th Street):
Commissioner Strand moved the following action be taken in connection with Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-H:
Adopt Resolution Creating Improvement District No. BR-17-H:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BR-17-H in the City of Fargo, North Dakota, be created
23rd Avenue South from 15th Street South to 16th Street South
COMPRISING:
Lots 10 through 18, Block 4.
Lots 1 through 9, Block 5.
All platted in Oak Manor Second Addition.
All of the foregoing located in the City of Fargo, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-17-H 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. BR-17-H:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BR-17-H 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 $450,838.00.)
Order Plans and Specifications for Improvement District No. BR-17-H:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BR-17-H in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BR-17-H:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BR-17-H 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. BR-17-H 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 Water Main Replacement, Street Reconstruction and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Water Main Replacement, Street Reconstruction and Incidentals, Improvement District No. BR-17-H in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said Water Main Replacement, Street Reconstruction and Incidentals improvement is to be paid from Street Sales Tax, and approximately 52% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Water Main Replacement, Street Reconstruction 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.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.
Direct City Auditor's Office to Call for Bids for Improvement District No. BR-17-H:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BR-17-H in the City of Fargo, North Dakota.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Asphalt Mill and Overlay and Incidentals Improvement District No. PR-17-H (Various Locations in North and South Fargo):
Commissioner Strand moved the following action be taken in connection with Asphalt Mill and Overlay and Incidentals Improvement District No. PR-17-H:
Adopt Resolution Creating Improvement District No. PR-17-H:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. PR-17-H in the City of Fargo, North Dakota, be created
LOCATION (Section 1):
On Royal Oaks Drive North north of 37th Avenue North.
On 36th Avenue North from 10th Street North to University Drive North.
On 10th Street North from 37th Avenue North to 40th Avenue North.
LOCATION (Section 2):
On 22nd Avenue South from 15th Street South to 16th Street South.
On 23rd Avenue South from 18th Street South to 25th Street South.
On 24th Avenue South from 15th Street South to 16th Street South.
On 24th Avenue South from 22nd Street South to 25th Street South.
On 25th Avenue South from 18th Street South to 25th Street South.
On 25 ½ Avenue South from 18th Street South to 25th Street South.
On 26th Avenue South from 18th Street South to 25th Street South.
On 26 ½ Court South from 118th Street South to 26 ½ Avenue South.
On 26 ½ Avenue South from 18th Street South to 25th Street South.
On 28th Avenue South from 15th Street South to 23rd Street South.
On 28 ½ Avenue South from 15th Street South to 17th Street South.
On 29th Avenue South from 15th Street South to 23rd Street South.
On 30th Avenue South from University Drive South to 25th Street South.
On 30 ½ Avenue South from 22nd Street South to 25th Street South.
On 31st Avenue South from 15th Street South to 22nd Street South.
On 15th Street South from 21st Avenue South to 25th Avenue South.
On 15th Street South from 27th Avenue South to 32nd Avenue South.
On 16th Street South from 21st Avenue South to 25th Avenue South.
On 17th Street South from 28th Avenue South to 32nd Avenue South.
On cul de sac north of 18th Street South.
On 18th Street South from 25th Avenue South to 32nd Avenue South.
On 19th Street South from 30th Avenue South to 31st Avenue South.
On 20th Street South from 30th Avenue South to 31st Avenue South.
On 21st Street South from 30th Avenue South to 31st Avenue South.
On 22nd Street South from 18th Street South to 32nd Avenue South.
On 23rd Street South from 28th Avenue South to 32nd Avenue South.
On Arrowhead Road South from 25th Avenue South to 27th Avenue South.
On American Way South from Arrowhead Road South to west of Pacific Drive South.
On Atlantic Drive South from American Way South to 27th Avenue South.
On Pacific Drive South from American Way South to 27th Avenue South.
On Viking Circle South.
On Columbus Circle South.
COMPRISING (Section 1):
Lots 1 & 2, Block 1, VRT Addition.
Lots 1 through 10 & 21, Broadway North 1st Addition.
Lots 6 through 9, Block 1, Broadway North 3rd Addition.
Lots 16 & 17, Block 1, Red River Addition.
Lots 1 through 23, Block 1.
Lots 1 through 38, Block 2.
All in Replat of Lots 1 through 15, Block 1, Lots 1 through 15, Block 2 and part of 10th Street North of Red River Addition.
Lots 1 through 13, Block 1, Royal Oaks 2nd Addition.
Lots 1 through 24, Block 1, Royal Oaks 3rd Addition.
Lots 1 through 4, Block 1, TRI Addition.
Unplatted land in west 1/2 of Section 19, Township 140, Range 48.
COMPRISING (Section 2):
Lot 1, Block 1.
Lots 1 & 3, Block 2.
Lots 1 through 16, Block 3.
Lots 1 through 9 & 18, Block 4.
Lots 1 & 10 through 18, Block 5.
Lots 1 through 9, Block 6.
Lots 1 through 14, Block 7.
All in Oak Manor 2nd Addition.
Lots 1 through 10, Block 1.
Lots 1 through 29, Block 2.
Lots 1 through 26, Block 3.
Lots 1 through 13, Block 4.
Lots 1 through 11, Block 5.
Lots 1 through 16, Block 6.
Lots 5 through 8, Block 7.
Lot 1, Block 8.
All in Wentz’ Addition.
Lot 1, Block 2.
Lot 1, Block 3.
All in S & W 3rd Addition.
Lots 1 through 16, Block 1.
Lots 1 through 5, Block 2.
Lots 1 through 10, Block 3.
Lots 2 through 55, Block 4.
All in Arrowhead Addition.
Lots 3 & 4, Block 5.
Lots 1 through 9, Block 6.
Lots 1 through 9, Block 7.
Lots 1 through 5, Block 8.
Lot 4, Block 9.
All in Arrowhead South Addition.
Lot 2, Block 1, Kennelly Addition.
Lot 4, Block A, FLAA Addition.
Lots 1 through 15, Block A.
Lots 1 through 17, Block B.
Lots 1 through 33, Block C.
Lots 1 through 19, Block D.
All in The Meadows.
Lots 8 & 9, Block 1.
Lots 2 through 6, Block 2.
All in Brunsdale 1st Addition.
Lots 1 & 2, Block 1, Mutchler’s 1st Addition.
Lots 12 through 23, Block 3.
Lots 1 through 28, Block 4.
Lots 1 through 29, Block 5.
Lots 1 through 11, Block 6.
Lots 1 through 13, Block 7.
Lots 1 through 6, Block 8.
All in Marydale Addition.
Lots 1 through 10, Block 1.
Lots 1 through 11, Block 2.
Lots 1 through 22, Block 3.
Lots 1 through 21, Block 4.
Block 5
Lots 1 through 11, Block 6.
Lots 1 through 11, Block 7.
All in O’Graf Addition.
Lots 1 through 8, Block 1.
Lots 1 through 13, Block 2.
Lots 1 through 14, Block 3.
Lots 1 through 12, Block 4.
Lots 1 through 26, Block 5.
Lots 1 through 29, Block 6.
Lots 1 through 13, Block 7.
Lots 1 through 13, Block 9.
Lots 1 & 2, Block 10.
All in Crary’s 1st Addition.
Lots 1 through 7, Block 1.
Lots 1 through 14, Block 2.
Lots 1 through 28, Block 3.
Lots 1 through 14, Block 4.
Lots 1 through 15, Block 5.
Lots 1 through 8, Block 6.
All in Hans Halverson Addition.
Lot 1, Block 1.
Lots 1 through 12, Block 2.
Lots 1 through 15, Block 3.
Lots 1 through 18, Block 4.
Lots 1 through 18, Block 5.
Lots 1 through 18, Block 6.
Lots 2 through 8, Block 7.
All in Rheault Addition.
Lots 1 through 7, Block A.
Lots 1 through 20, Block B.
Lots 1 through 5, Block C.
Lots 6 and 7, Block D.
Lots 12 through 30, Block E.
All in Replat of Part of Rheault Addition.
Lots 1 through 15, Block I.
Lots 1 through 16, Block J.
Lots 1 through 14, Block K.
Lots 1 through 47, Block L.
Lots 1 through 20, Block M.
All in I.J.M. Addition.
All of the foregoing are located in the City of Fargo, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That Asphalt Mill and Overlay and Incidentals Improvement District No. PR-17-H in the City of Fargo, North Dakota, be and the same is hereby created.
Request Report and Estimate of Cost from the City Engineer for Improvement District No. PR-17-H:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PR-17-H 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 $3,683,800.00.)
Order Plans and Specifications for Improvement District No. PR-17-H:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. PR-17-H in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. PR-17-H:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. PR-17-H in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. PR-17-H 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 Asphalt Mill and Overlay and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Asphalt Mill and Overlay and Incidentals Improvement District No. PR-17-H in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said Asphalt Mill and Overlay and Incidentals improvement is to be paid from Street Sales Tax and approximately 58% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Asphalt Mill and Overlay 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.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.
Direct City Auditor's Office to Call for Bids for Improvement District No. PR-17-H:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. PR-17-H in the City of Fargo, North Dakota.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Sewer Agreement with the City of Horace Approved:
Gehrig moved approval. Second by Grindberg. There was unanimous approval.
Revision to the 2017 Overdimensional Vehicle Policy to Allow the Option to Charge Increased Weight Fees Approved: New Excessive Axle Weight Fee Schedule Approved:
Commissioner Grindberg moved approval. Second by Gehrig. There was unanimous approval.
Parcels of Land in Island Park Addn. Rezoned and Ordinance Placed on 1st Reading (389 8th Ave. S.):
Commissioner Grindberg moved approval. Second by Gehrig. All the Commissioners voted aye except Commissioner Strand who voted nay and the motion was declared carried.
Parcels of Land in Osgood Townsite Fourteenth Addition Rezoned, Ordinance Placed on 1st Reading and Plat Approved (4550 49th Ave. S. and 5050 47th St. S.):
Commissioner Grindberg moved approval. Second by Gehrig. There was unanimous approval.
Downtown Water Tower Improvements Approved:
The Board received a communication from Water Utility Director Troy Hall stating water tower reconditioning is part of the Water Utility 20-year Capital Improvement Plan (CIP). He said based on studies, cost analysis and other operational considerations, Water Utility staff is recommending replacement of the three water towers in the Downtown area with a single, larger water tower. He said this is in the best financial interest of water customers, and the new water tower would provide operational benefits to the water plant and improved fire protection to the Downtown area. He said through study and analysis, it is estimated a $3 million cost savings could be realized by replacing the three oldest water towers with a single, larger water tower. He said the task order proposal with AE2S is in the amount of $165,600.00 and is for design only in the replacement of Water Tower No. 1.
City Administrator Bruce Grubb said this is a slight change in infrastructure strategy relative to the Downtown area as far as the water distribution system. He said one of the towers was built in 1940 and the three water towers are scheduled for routine maintenance, he said. Initial advanced inspections have been completed, he said, as well as a downtown water and sewer hydraulic distribution system evaluation. The cost for maintenance and reconditioning is about $3.3 million, he said, and that large number served as a catalyst to look at replacement. Assets were looked at as far as life cycle cost versus total replacement, he said, and it was determined the three water towers could be replaced with one single two-million gallon water tower, which would really improve the hydraulic power of the water Downtown. The tower replacement option is more expensive in the near term, he said; however, over the life cycle of the replacement it is a less expensive option. He said he is seeking approval to retire all three existing Downtown water towers and replace them with a single two-million gallon water tower at the site of Water Tower No. 1, which is located at 11th Street and 7th Avenue North. He said as far as the request for the design task order, he would like that to be returned to the Utility Committee prior to the Board’s approval.
In response to a question from Commissioner Strand about the cost to demolish the three water towers, Mr. Hall said the cost for the new tower at $6.9 million includes engineering, construction and demolition costs for all three towers.
Commissioner Gehrig said the old model towers are much more difficult to maintain than modern ones. He said the new tower could last a hundred years if properly maintained and the upgraded hydrology will help the growth and safety Downtown.
In response to a question from Commissioner Grindberg about financing, Mr. Grubb said the rehabilitation of the three towers is in the 20-year CIP, and that the replacement option has been plugged into the revenue adequacy model, so there is a functioning financial model with rates and sales tax to cover the preferred alternative.
Commissioner Strand said it might be interesting to explore creative alternatives to demolition of the structures.
Commissioner Gehrig said due to their age and the fact they would still need maintenance, it would be expensive to keep the structures in place.
Commissioner Gehrig moved the Downtown Water Tower Improvements be approved as presented.
Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Strand, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Presentation of the Fargo Police Department Summer Camp Internship Position: The Concordia College Swendseid Service Scholars Award Agreement Associated with the Summer Internship Program at the Fargo Police Department Approved:
Police Chief David Todd said two Community Trust Officer (CTO) positions were obtained in 2015 through a federal grant geared toward trust and transparency within the community and serving the underprivileged, minorities and specifically the youth.
Officer Matt Niemeyer gave a synopsis of the summer program the Police Department started last year and would like to expand this coming summer. Through work at elementary schools, he said it was determined there was a need for summer programing and it is not available to all the youth. A partnership with CHARISM Neighborhood Center was formed, he said, and in the summer of 2016 a C4 Camp was held in McCormick Park for 14 boys selected on need, issues happening in and out of school, and program availability. After the camp, he said, it became apparent the camp would not be able to expand through CHARISM due to the grant and funding requirement issues so the idea was approached that it become a Fargo Police Department program that CHARISM partners with. The partnership this summer would be between CHARISM, the Boys and Girls Club of the Red River Valley and the PD, he said, and the hope is to expand to approximately 50 kids from Jefferson, Lewis and Clark, Lincoln and Ed Clapp Elementary Schools and an additional 15 kids from Carl Ben Eielson. He said staff would include himself, Officer Mike Bloom, the Check and Connect Mentors from Jefferson and Carl Ben Eielson, an employee from the Boys and Girls Club and a summer camp intern from Concordia College’s Swendseid Scholarship Program. It will be most effective to have staff who work with those children year round, he stated. Some of the goals include engaging in group discussions, going over curriculum material and activities that help social development, as well as relationship building, he said, and once all the staff is together, other appropriate topics can be discussed.
Chief Todd said the intern position would be budget neutral. He said the intern will be paid by the City and Concordia College will reimburse the costs.
Commissioner Strand moved the Concordia College Swendseid Service Scholars Award Agreement associated with the Summer Internship Program at the Fargo Police Department be approved.
Second by Gehrig. On call of the roll Commissioners Strand, Gehrig, Grindberg, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Legislative Update:
City Administrator Bruce Grubb said as expected, state revenue projections have been lowered; however, projections for the Resources Trust Fund, which is where water and flood control projects are funded, was only reduced $2.2 million. He said it sounds as though it is the intent of the Legislature to complete all Committee Hearings in the next two weeks. He brought some hearings on bills of interest to the attention of the Board: HB1178 for the statewide interoperable radio system; SB2166, a property tax incentive bill; HB1361, a property tax cap bill; and HB1020, State Water Commission Biennial Budget.
Commissioner Grindberg suggested the Board weigh in on HB1361 regarding property tax caps.
Mr. Grubb said Finance Director Kent Costin plans to testify at the Hearing in support of local control. He said it is helpful when the Board takes some kind of action to give direction on this type of bill, and if there is a split decision, staff knows there is not clear direction.
Commissioner Piepkorn said property tax bills have been proposed in the past and seem to be a way for the Legislature to control local spending.
Commissioner Gehrig said he would not support a blanket statement against all property tax caps.
Mayor Mahoney moved not to support property tax caps in favor of local control.
Second by Strand. On call of the roll Commissioners Mahoney, Strand, Grindberg and Piepkorn voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.
Resolution of Necessity Pertaining to Acquisition of Property at 4122 17th Street South for Flood Mitigation Purposes Approved:
City Attorney Erik Johnson announced that the Board will meet in Executive Session for purposes of attorney consultation and discussion of negotiation strategy pursuant to ND Century Code § 44-04-19.1(2) for the acquisition of property located at 4122 17th Street South. He said this item may be discussed in Executive Session due to the fact that Open Meeting discussions would have an adverse fiscal effect on the City’s bargaining or litigating position pursuant to ND Century Code
§44-04-19.1(9).
Commissioner Gehrig moved the Commissioners meet in Executive Session in the River Room as authorized by NDCC Section 44-04-19.1(2) to discuss said matter.
Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.
At 6:12 o’clock p.m. the Board moved to the River Room to discuss the litigation matter in Executive Session.
Members present were: Gehrig, Grindberg, Mahoney (via conference call), Strand and Piepkorn.
The Executive Session closed at 6:19 p.m. and the meeting reconvened in public session at 6:20 o’clock p.m.
Members present were: Gehrig, Grindberg, Mahoney (via conference call), Strand and Piepkorn.
City Engineer April Walker said there has been an appeal of a Resolution of Necessity adopted recently on another property. She said while that appeal came out in favor of the City, some things were learned during that process as to what the other party may want so the format will now include presentations with more information on decisions and history before asking that a Resolution be adopted. She said in a couple of weeks a package of about eight more properties will be brought before the Board.
Division Engineer Jody Bertrand gave a Power Point presentation outlining the history of flooding in the area of the property at 4122 17th Street South. He said the property was identified during the original Comprehensive Plan in 2012 and is on the Master Buyout List. He outlined the timeline and design considerations and the need for the property as part of building the floodwall to achieve FEMA accreditation standards and connect the existing Phase 1 and Phase 2 of the Rosewood Project on the north side for a continuous line from 25th Street South to University Drive. He said there have been multiple discussions with the property owner and when informed about this meeting, the property owner presented a counteroffer. This home is the final property needed for flood protection along the Rose Coulee to connect 25th Street and University Drive South, he said.
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City of Fargo is a Municipal Corporation under North Dakota Century Code Chapter 40-06; and
WHEREAS, The City of Fargo is vested with the powers enumerated in Chapter 32-15 of the North Dakota Century Code, including the power to secure control of property necessary to create, construct, operate and maintain flood control and protection projects; and
WHEREAS, The Red River of the North, its tributaries and associated drain system, are prone to frequent flooding which presents significant risk to the inhabitants of the city, property, infrastructure and the economy of the City of Fargo and the surrounding communities; and
WHEREAS, The City of Fargo has identified viable flood control and protection options; and
WHEREAS, The City of Fargo has undertaken considerable effort, at considerable expense, to construct flood control and protection projects to protect the City of Fargo from anticipated flood events; and
WHEREAS, The City of Fargo, based on information and recommendation provided by the City of Fargo Engineering Department and consulting engineers, have identified properties necessary to be acquired in order to accomplish real and meaningful flood protection to the inhabitants, property, infrastructure and economy of the City of Fargo; and
WHEREAS, The City of Fargo has negotiated in good faith to secure the identified necessary property by voluntary means.
NOW, THEREFORE, BE IT RESOLVED, That the public use for the property identified is a use provided for by law.
BE IT FURTHER RESOLVED, That it is necessary for the City of Fargo to acquire the following identified property to allow for such use as the construction of a flood protection project to protect the City of Fargo: 4122 17th Street South.
Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Strand, Mahoney and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Commissioner Grindberg moved that the Board adjourn to 5:00 o’clock p.m., Monday, March 27, 2017.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:29 o’clock p.m.