Board of City Commissioners - August 13, 2018

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Room at City Hall at 5:00 o'clock p.m., Monday, August 13, 2018.
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: A retirement open house honoring Ruth Roman and Dr. John Baird will be held August 29th; Fargo Cass Public Health Clinic has implemented new hours; the Library has a new Book Bike, which can bring books and other materials out into the community; 1,933 children registered for the Summer Reading Program; Police Chief David Todd won first place for the third year in a row at the Chief’s and Sheriff’s Burger Cook-off; Police Department representatives visited many block parties last week during the annual Night to Unite; and the Native American Commission requests that the public wear red and use red light bulbs on August 19th in remembrance of Savanna Greywind.

Order of Agenda Approved:
Commissioner Strand moved the Order of the Agenda be approved, adding an extra item at the beginning of the Regular Agenda to discuss emergency radio upgrades, and moving Item No. “24” from the Consent Agenda to the Regular Agenda.

Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Grindberg moved that the Minutes of the Regular Meeting of the Board held on July 30, 2018 be approved as read.

Second by Gehrig. 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. Receive and file the following Ordinances:
a. Amending Section 25-1513, of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages.
b. Amending Section 01-0305, of Article 01-03 of Chapter 01 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.

2. 2nd reading and final adoption of the following Ordinances; 1st reading 7/30/18:
a. Rezoning Certain Parcels of Land Lying in 19th Avenue Southwest Pond Addition to the City of Fargo, Cass County, North Dakota.
b. Rezoning Certain Parcels of Land Lying in Laverne’s Addition to the City of Fargo, Cass County, North Dakota.
c. Rezoning Certain Parcels of Land Lying in Legacy I 2nd Addition to the City of Fargo, Cass County, North Dakota.
d. Rezoning Certain Parcels of Land Lying in 19th Avenue Northeast Pond Addition to the City of Fargo, Cass County, North Dakota.
e. Rezoning Certain Parcels of Land Lying in Grayland First Addition to the City of Fargo, Cass County, North Dakota.

3. Settlement Agreement and Release with Gary M. and Susan D. Cavett.

4. Authorize the City Attorney to evaluate the collection of City Sales Tax in the wake of the Wayfair decision and to draft any Ordinance amendments, as may be appropriate, for consideration.

5. Receive and file General Fund – Budget to Actual through July 31, 2018 (unaudited).

6. Gaming Site Authorization:
a. Metro Sports Foundation at the Scheels Arena.
b. Fargo Youth Hockey Association at H.A. Thompson and Sons Arena.

7. Applications for Games of Chance:
a. St. John Paul II Catholic Schools for a raffle on 4/27/19.
b. Solberg Family Benefit for a raffle on 9/16/18; Public Spirited Resolution.
c. YWCA Cass Clay for a raffle on 9/6/18.
d. Fargo South High School for a calendar raffle from 8/24/18 to 9/28/18.
e. Fargo South High School for a calendar raffle from 8/28/18 to 2/23/19.
f. Fargo South High School for a calendar raffle from 12/7/18 to 2/5/19.
g. Dakota Medical Foundation-Lend A Hand Up for a raffle and raffle board on 9/8/18.
h. Diamond in the Ruff Pet Rescue for a raffle and raffle board on 9/8/18.
i. El Zagal Escort Motor Patrol for a raffle on 10/1/18.
j. Fargo Air Museum for a raffle on 9/8/18.
k. Nativity Church of Fargo for bingo and a raffle on 11/4/18.

8. Bid award to Heartland Payment Systems for Merchant Credit Card Processing (RFP18207).

9. Contract Extension with Duncan Solutions Company to December 31, 2018.

10. Parking Services Contract with Passport Labs, Inc. until December 31, 2023 subject to final legal review.

11. Extension of the Class “A” Alcoholic Beverage License until February 28, 2019 for the Firebox.

12. Applications for property tax exemptions for improvements made to buildings:
a. Lisa Marie Wiley Artz, 1706 1st Street North (5 year).
b. Charlie J. and Desiree J. Wilson, 105 Woodland Drive North (5 year).
c. Roy V. Jr. and Lisa A. Sander, 3005 9th Street North (5 year).
d. Paul D. and Linda S. Kegel, 910 12th Street North (5 year).
e. BSAR Enterprises, 2308 Willow Road North (5 year).
f. Randy S. and Kendra Ball, 244 30th Avenue North (5 year).

13. Contract Agreement with Fargo Public Library to provide a breastfeeding friendly environment for their employees.
14. Contract Agreement with WeeKare ChildKare Center to provide a breastfeeding friendly environment for their employees.
15. Agreement for Services with Samantha Nienow.
16. Contract Agreement with Anchor Ingredients to provide a breastfeeding friendly environment for their employees.
17. Community Faculty Contract with UND School of Medicine and Health Sciences for medical school student training in the clinic for the 2018-2019 school year.
18. Bid award to Bailey Nurseries, Inc. in the amount of $66,513.65 for 2019 spring tree order (RFP18240).
19. Resolution Approving Designating Signatory for HUD Environmental Reviews – Community Development Block Grant (CDBG) and Home Funds to Tia Braseth and Nicole Crutchfield (Attachment “A”).
20. Standard Form of Agreement with Western Specialty Contractors for parking facility restoration repairs.
21. Standard Form of Agreement with Shultz and Associates, Ltd. (RFQ18172).
22. Engineering Services Agreement Amendment No. 3 with HDR Engineering in the amount of $91,683.05 (Project No. FM-15-J0).
23. Receive and file the El Zagal Flood Mitigation Project update (Project No. FM-14-5).
24. Authorization of engineering staff to secure appraisals and negotiate the acquisition of 28 properties potentially affected by the 37-foot in-town project, with property owners wishing to sell in advance of the project authorization (moved to the Regular Agenda).
25. Three Access Easements (Street Easement), an Access Easement (Levee Easement) and a Utility Permit with Southeast Cass Water Resource District to support Laverne’s Addition Plat.
26. Transit Public Comment Process on Fare/Service Changes.
27. Service Agreement Addendum 1 with DoubleMap, Inc. (TapRide) and Amendment to the Joint Powers Agreement for Transit Support with NDSU to extend the contract for the 2018/2019 school year.
28. Section 5310 Transit Grant Agreements with the ND Department of Transportation.
29. Bid advertisement for Filter-to-Waste Improvements at the Water Treatment Plant (Project No. WA1753).
30. Contract and bond for Project No. WA1854 (Valve Vault Improvements at Water Tower Nos. 4 and 9).
31. Bills in the amount of $7,794,573.19.

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. 1 and Time Extension for Improvement District No. AN-17-G1 Approved:
Commissioner Grindberg moved approval of Change Order No. 1 for an increase of $102,651.00 and time extension to October 1, 2018 for Improvement District No. AN-17-G1.

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 Nos. 2 and 3 for Improvement District No. NR-17-A1 Approved:
Commissioner Grindberg moved approval of Change Order No. 2 for an increase of $54,136.00 and Change Order No. 3 in the amount of -$17,480.00 for Improvement District No. NR-17-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. 1 for Improvement District No. NR-17-B Approved:
Commissioner Grindberg moved approval of Change Order No. 1 for an increase of $41,200.00 for Improvement District No. NR-17-B.

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. SL-16-A1 Approved:
Commissioner Grindberg moved approval of Final Balancing Change Order No. 1 for an increase of $17,837.04 for Improvement District No. SL-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.

Final Balancing Change Order No. 1 for Improvement District No. SL-16-B1 Approved:
Commissioner Grindberg moved approval of Final Balancing Change Order No. 1 for an increase of $8,684.90 for Improvement District No. SL-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. SL-17-F1 Approved:
Commissioner Grindberg moved approval of Final Balancing Change Order No. 1 for an increase of $43.12 for Improvement District No. SL-17-F1.

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. 3 for Improvement District No. BR-16-C1 Approved:
Commissioner Grindberg moved approval of Final Balancing Change Order No. 3 for an increase of $34,316.88 for Improvement District No. BR-16-C1.

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.

Negative Final Balancing Change Order No. 1 for Improvement District No. SL-17-E1 Approved:
Commissioner Grindberg moved approval of Negative Final Balancing Change Order No. 1 in the amount of -$1,682.76 for Improvement District No. SL-17-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.

Negative Final Balancing Change Order No. 1 for Improvement District No. SL-17-G1 Approved:
Commissioner Grindberg moved approval of Negative Final Balancing Change Order No. 1 in the amount of -$53.90 for Improvement District No. SL-17-G1.

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.

Bids Received for New Sidewalk Construction and Incidentals Improvement District No. SN-18-C2:
The bids for New Sidewalk Construction and Incidentals Improvement District No. SN-18-C2 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., August 8, 2018 and the bids were found to be as follows:

Key Contracting, Inc. Fargo, ND
Bid: $394,750.00

Dakota Underground Company Fargo, ND
Bid: $399,540.00

Contract for New Sidewalk Construction and Incidentals Improvement District No. SN-18-C2 Awarded to Key Contracting, Inc. in the amount of $394,750.00:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of New Sidewalk Construction and Incidentals Improvement District No. SN-18-C2; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received August 8, 2018 for New Sidewalk Construction and Incidentals Improvement District No. SN-18-C2 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for New Sidewalk Construction and Incidentals Improvement District No. SN-18-C2 shows the bid of Key Contracting, Inc. of Fargo, North Dakota, in the sum of $394,750.00 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Key Contracting, Inc. in the sum of $394,750.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for New Sidewalk Construction and Incidentals Improvement District No. SN-18-C2 in the City of Fargo, North Dakota, be and the same is hereby awarded to Key Contracting, Inc. for the sum of $394,750.00, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

Second by 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.

Flood Mitigation, Street Reconstruction and Incidentals Improvement District No. FM-14-8 (Various Locations in South Fargo):
Commissioner Grindberg moved the following action be taken in connection with Flood Mitigation, Street Reconstruction and Incidentals Improvement District No. FM-14-8:

Adopt Resolution Creating Improvement District No. FM-14-8:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. FM-14-8 in the City of Fargo, North Dakota, be created

On 2nd Street South from Main Avenue to 4th Street South.

COMPRISING:
Lots 2 and 3, Block 4.
Block 3, less ded r/w desc as foll: beg at a pt on n ln of sd blk, sd pt bg 565 ft more or less w of w bank of red river of the n, then s 84 deg 53 min 55 sec w & alg nly ln of sd blk 3114.09 ft, then alg a curve to left, sd curve bg nwly ln of sd blk & having a radius of 140 ft a dist of 110.45 ft, then s 39 deg 41 min 45 sec w & alg nwly ln of sd blk a dist of 356.48 ft, then n 52 deg 32 min 45 sec e 549.98 ft, more or less to pt of beg

All in North Dakota Urban Renewal 2nd Addition.

All of the foregoing located in the City of Fargo, Cass County, North Dakota.

NOW, THEREFORE, BE IT RESOLVED, That Flood Mitigation, Street Reconstruction and Incidentals Improvement District No. FM-14-8 in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. FM-14-8:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. FM-14-8 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 $538,702.00.)

Adopt Resolution Declaring Flood Mitigation, 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 Flood Mitigation, Street Reconstruction and Incidentals Improvement District No. FM-14-8 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 Flood Mitigation, Street Reconstruction and Incidentals Improvement District No. FM-14-8 is to be paid from Infrastructure Sales Tax and approximately 17% 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 Flood Mitigation, Street Reconstruction and Incidentals Improvement District No. FM-14-8 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.
NOW, THEREFORE, BE IT RESOLVED, That Flood Mitigation, Street Reconstruction and Incidentals Improvement District No. FM-14-8 in the City of Fargo, North Dakota, be and the same is hereby created.

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.

Storm Sewer Lift Station, Storm Sewer and Incidentals Improvement District No. NN-18-A (Veteran’s Boulevard and Drain 27 South of 52nd Avenue South):
Commissioner Grindberg moved the following action be taken in connection with Storm Sewer Lift Station, Storm Sewer and Incidentals Improvement District No. NN-18-A:

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

At the intersection of Veteran’s Boulevard and Drain 27 approximately 1,660 feet south of 52nd Avenue South.

COMPRISING:
All platted and unplatted land in the SE ¼ of Section 32, SW ¼ of Section 33, NW ¼ of Section 4, and Section 5 of T139N, R49W that lie within the City of Fargo, Cass County, North Dakota and portions of Section 4 and 5 that lie outside the City of Fargo Limits within City of Fargo Extra Territorial Limits, Cass County, North Dakota as described below.

Beginning at the Southwest corner of the SE ¼ of said Section32; thence northerly along the west line to the Northwest corner of the SE ¼ of said Section 32; thence easterly along the north line of said quarter section to the Northwest corner of the SW ¼ of said Section 33; thence easterly along the north line of said quarter section to the Northeast corner of the SW ¼ of said Section 33; thence southerly along the east line of said quarter section to the Northeast corner of the NW ¼ of said Section 4; thence southerly along the east line to the Southeast corner of said NW ¼ of Section 4; thence westerly along the south line to the Southwest corner of said NW ¼ of Section 4; thence southerly along the west section line of said Section 4 to the southwest corner of said Section 4; thence westerly and northerly within Section 5 along the Fargo Municipal Boundary established by Document 1250821 and the Fargo Municipal Boundary established by Document 1402964 including the land east of the Sheyenne River and west of the Fargo Municipal Boundary to a point on the north Section line of said Section 5, point being 218.2’ east of the northwest section corner of said Section 5; thence easterly along said section line to the point of beginning.

NOW, THEREFORE, BE IT RESOLVED, That Storm Sewer Lift Station, Storm Sewer and Incidentals Improvement District No. NN-18-A 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. NN-18-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. NN-18-A in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $2,227,663.58.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. NN-18-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. NN-18-A 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. NN-18-A in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Storm Sewer Lift Station, Storm Sewer and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Storm Sewer Lift Station, Storm Sewer and Incidentals Improvement District No. NN-18-A in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Storm Sewer Lift Station, Storm Sewer 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. NN-18-A:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. NN-18-A 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 from Cass County on Emergency Radio Upgrade Project:
Cass County Administrator Robert Wilson said he wanted to address the Commission on the radio system the dispatchers, Fire Departments, Police Departments, Sheriff’s Departments and rural fire and ambulances use to communicate during emergencies and callouts. The manufacturer will not support the current emergency radio system after this year, he said, and the industry is moving to higher technology. He said the cost to upgrade is significant at $12 million to $18 million for Cass County alone. Eventually it will have to be upgraded statewide, he said, and emergency responders and safety professionals in the community have stressed the need to expedite this. He said Cass County’s provisional budget includes mills to pay for this upgrade over three to four years and a Resolution that could put it on the ballot for Sales Tax to pay for the upgrade.

Cass County Commissioner Chad Peterson said he and Mr. Wilson are asking the larger communities in Cass County for their opinions. Statewide, an update will cost $150 million or more, he said, and the hope is the Legislature will make it a priority; however, the State of North Dakota is struggling with how to pay for it. Cass County has put some mechanisms in place for funding, he said, and a final budgetary vote will take place in October when the millage can be reduced; however, it cannot go up. Right now in the budget, he said, Cass County has 4.5 mills that would stay on property taxes, plus or minus depending on the numbers, for four, five or six years to get it fully paid by local taxes. He does not support putting the burden solely on property taxes, he said, due to the large number of people who come to Cass County for work, education, medical services and entertainment who he feels also need to participate in the cost due to the fact that if they use 911, they use local resources. He said a half-cent sales tax could be on the ballot in November, similar to what was done with the jail expansion, and could be stopped early if the funds are collected. He said Cass County needs to do this themselves and eventually tie in and seek reimbursement if the State comes through.

In response to a question from Commissioner Grindberg about plans to use services from Minnesota until North Dakota catches up with the infrastructure, Chief Todd said Motorola alerted the Police Department about seven years ago that support for the system will end. The Legislature has been lobbied for several sessions, he said, without much traction. He said North Dakota is one of only a few states that have not gone to a statewide 800-megahertz (MHz) frequency system. He said the County could do it independently and join the Minnesota ARMOUR System due to the unique situation with a joint dispatch center with Cass and Clay counties. He said the situation now is, if funded, it would take 20 to 22 months to build the system in Cass County and waiting for the State would take seven years. He said it would be difficult to exist on used radios and spare parts for more than a few years.

Commissioner Piepkorn said he agrees this needs to be done and emergency services should have the best equipment. He does not favor more sales tax, he said, and adding this would put sales tax at over 8 percent, which could have a negative impact on retail sales. The Diversion and the Red River Water Supply are higher priorities, he said.

In response to a question from Commissioner Gehrig on whether the entire amount is needed before a transition, Mr. Peterson said it could be done in phases.

Commissioner Gehrig said he agrees a property tax would put the burden on the people who are here, not all the people using the system. He said he would like to see a sunset on a sales tax proposal and perhaps a quarter-cent sales tax rather than a half-cent.

In response to a question from Commissioner Strand asking if the ARMOUR System is the technology of the future, Mr. Peterson said as he understands it, the ARMOUR System will be usable for 30-years or more. He encouraged the Commission to contact members of the County Commission with their thoughts on the topic.

Appointments to the Planning Commission:
The Board received a communication from Mayor Mahoney recommending that Shara Fischer and Maranda Tasa be reappointed to the Planning Commission for three-year terms. He is also recommending that Jennifer Holtz be appointed to the Planning Commission for a three-year term to fill the vacancy created by Kelly Steffes, who does not wish to be reappointed.
Commissioner Grindberg moved to approve the reappointment of Shara Fischer and Maranda Tasa and the appointment of Jennifer Holtz to the Planning Commission for three-year terms ending June 30, 2021.

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 Black Mountain Addition Rezoned (3149, 3151 and 3185 Main Avenue):
At a Hearing held on June 5, 2018 the Fargo Planning Commission recommended approval of a change in zoning from GC, General Commercial to LI, Limited Industrial and AG, Agricultural to P/I, Public and Institutional with a C-O, Conditional Overlay.
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.
Current Planning Coordinator Donald Kress said there are two existing businesses at this location with Cass County Drain No. 10 going through it. He said the C-O, Conditional Overlay restricts it to a couple uses dealing with parking and circulation and drain related activities.
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning 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 and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it 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 Black Mountain Addition to the City of 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 Black Mountain 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.

Resolution Adopted Approving Black Mountain Addition:
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 “Black Mountain Addition” containing 3 Lots, 1 Block and 2.83 acres of land more or less, located at 3149, 3151 and 3185 Main Avenue; and
WHEREAS, A Hearing was held June 5, 2018 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 July 30 and August 6, 2018 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., August 13, 2018 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 “Black Mountain 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 Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Resolution Adopted Approving Plat of Minnkota Section 16 First Subdivision (5181 76th Avenue South):
A Hearing had been set for this day and hour to consider approval or denial of an application requesting a Plat of Minnkota Section 16 First Subdivision a replat of Minnkota Section 16 Subdivision (5181 76th Avenue South). The Fargo Planning Commission at their Regular Meeting on May 1, 2018 recommended approval of the above-described application.
Current Planning Coordinator Donald Kress said this plat expands the existing lot occupied by Minnkota Power for expansion of its substation facility. He said the plat adds additional area, a larger street dedication for 76th Avenue South and dedication for a future collector street on the east side, which is a half-section line. He said no residential or commercial development is intended for this subdivision.
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 “Minnkota Section 16 First Subdivision” containing 1 Lot, 1 Block and 18.38 acres of land more or less, located at 5181 76th Avenue South; and
WHEREAS, A Hearing was held May 1, 2018 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 July 30 and August 6, 2018 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., August 13, 2018 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 “Minnkota Section 16 First Subdivision” 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.

Hearing on Special Assessment of Nuisance Abatement Fees on Certain Properties in the City of Fargo:
A Hearing had been set for this day and hour on special assessment of nuisance abatement fees on the list of properties on file in the City Auditor’s Office.
No appeals have been filed in writing against any item appearing on such special assessment list and no person is present at this Hearing to appeal or offer any objection thereto.
City Auditor Steve Sprague said the City prepares a list annually of code enforcement and nuisance abatement, commonly Dutch Elm tree removal, boarding dangerous properties, snow removal or lawn mowing. He said property owners were provided proper notice.

In response to a question from Commissioner Gehrig about whether property owners have an opportunity to remove trees themselves if desired, City Forester Scott Liudahl said property owners do have the opportunity to get estimates and have the tree removed. He said if they fail to do so or ask for help, then he will get estimates and proceed. He said the Forestry Department expects to know what the plan is within seven days. The Forestry Department does about four sweeps of the City each summer looking for diseased elm trees, he stated.

In response to a question from Commissioner Grindberg about the process, referencing a case of snow removal brought to his attention by a citizen, Director of Operations Ben Dow said property owners can be given extended time if they contact Public Works. Staff will continue to work with the owner daily, up to a point where they cannot get it done, he said, then sidewalks are cleared and the homeowner is billed. He said with Mr. Sprague’s approval, he can renegotiate the case Commissioner Grindberg refers to, if needed.

In response to a question from Commissioner Strand about whether the newly enacted policy allowing specials assessed on tree removal to be spread over time affects this list, Mr. Sprague said the policy was not in effect for this list. He said the change approved by the Board will be in effect for next year and it allows an opportunity to spread specials over a five-year period if a property owner petitions the City for it. He said if the Board wants to allow a five-year assessment rather than a one-year for this list, it could happen since assessments do not go to the County until October.
Commissioner Strand moved the special assessments for nuisance abatement fees be approved as submitted and appropriate staff be directed to advise property owners on the list who are special assessed for Dutch Elm removal can petition the City for additional time to pay the assessment.

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

Hearing on a Dangerous Building Located at 427 15th Avenue South: City Attorney's Office Directed to Prepare the Appropriate Findings of Fact and Order:
A Hearing had been set for this day and hour on a dangerous building located at 427 15th Avenue South.
The Board received a communication from Inspections Administrator Bruce Taralson submitting a Notice of Dangerous Building Order. He said the property owner has failed to comply with orders to obtain a permit to repair or remove the heavily damaged structure within the time allowed. He said in accordance with Fargo Municipal Code Article 21-0405, the owner may at this time appear and show cause as to why the building should not be removed and the costs of that removal assessed against the property. He said the building is structurally unsound, there are many and various code violations, multiple permits have been filed as incomplete and work was completed without the necessary permits with substandard workmanship. He said the Assessor’s Office has also inspected the exterior of the building and reviewed interior photographs and determined that the cost of repair would exceed 50 percent of the building value. He said the Inspections Department is requesting that the City Commission deem this building as dangerous and order its demolition due to the extent of damage found. He said the building meets nine of the 10 criteria found in the Dangerous Building Ordinance. He said the 30-day notice to the owner prior to any action by the City Commission or staff expired on July 25, 2018 and the action taken by the owner did not comply with requirements of the 30-day deadline. He said the building is currently vacant, uninhabitable and the deterioration is extensive.

Pete Sabo, owner of 427 15th Avenue South, said the house is solid and he intends to add a garage, new windows, a steel beam, and the top half of the home is brand new and siding is already at the location. He said the City appraises the house at $175,000.00 and after his improvements, it will be worth more than $200,000.00. He said at one point, he had done a rent-to-own agreement and the renter stripped down the property. He said he has had health issues and put this property on the back burner since there were no renters in it. He said he is asking for another chance to make this house the beautiful house it was before.

J. Michael Johnson, 435 15th Avenue South; Leroy Anderson 418 15th Avenue South; and Teresa Roberts 443 15th Avenue South, all spoke on how long the house has been a problem in their neighborhood and shared signatures from other neighbors supporting removal of the neglected, hazardous house.

Commissioner Grindberg said he hopes approving the removal sends a message that the City will work within the parameters of private property rights yet will not tolerate dilapidated properties or allow codes to go ignored. He said he commends Mr. Taralson for his leadership and noted that in the budget steps have been taken to add a position to the Inspection team to work with neighbors.

Commissioner Gehrig said property rights are important to him; however, after looking at pictures of the property he would not want to live in a neighborhood with a house like this one.

Commissioner Strand said the Board must listen to those engaged in their neighborhoods asking for guidance and for codes to be upheld. He said it is long overdue that some of these properties get addressed. He said he would support Mr. Sabo if he had a sense that this would change.
Commissioner Grindberg moved the building located at 427 15th Avenue South be determined to be a dangerous building, the City Attorney’s Office be directed to prepare and serve the owner with the appropriate Findings of Fact and Order and the appropriate staff is hereby directed to secure removal of the structure if it is not removed within the time allowed by the Board’s Order.

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

Resolution Authorizing the Issuance and Sale of $126,500,000.00 City of Fargo Sewer Revenue Bond, Series 2018A: Resolution Authorizing the Issuance and Sale of $20,229,000.00 City of Fargo Sewer Revenue Bond, Series 2018B:
The Board received a communication from Finance Director Kent Costin stating the North Dakota Industrial Commission has approved the City’s loan applications totaling $146,729,000.00 for the wastewater facility expansion. He said the terms of the loans include a 1.5 percent interest rate payable over a 30-year period and wastewater utility revenues will be the primary source of repayment for this obligation. He said work on the project will begin this year and is expected to be completed by 2022.

Commissioner Gehrig said as the community grows and continues to be a regional provider, improvements are needed. He said this is a great way to finance it.
Commissioner Gehrig moved the Resolutions entitled “Resolution Authorizing the Issuance and Sale of $126,500,000.00 City of Fargo Sewer Revenue Bond, Series 2018A” and “Resolution Authorizing the Issuance and Sale of $20,229,000.00 City of Fargo Sewer Revenue Bond, Series 2018B” and referred to as Attachments “B” and “C” be adopted and attached hereto.

Second by Grindberg. On the vote being taken on the question of the adoption of the Resolutions Commissioners Gehrig, Grindberg, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Resolution Authorizing the Issuance and Sale of $23,950,000.00 City of Fargo Water Revenue Bond, Series 2018C:
The Board received a communication from Finance Director Kent Costin stating the North Dakota Industrial Commission has approved the City’s loan application totaling $23,950,000.00 for water treatment facility improvements, including improvements to the raw water supply and treatment process. He said the terms of the loan include a 1.5 percent interest rate pay scale over a 30-year period and water utility revenues will be the primary source of repayment for this obligation. He said work on the project will begin this year and is expected to be completed by 2022.
Commissioner Gehrig moved the Resolution entitled “Resolution Authorizing the Issuance and Sale of $23,950,000.00 City of Fargo Water Revenue Bond, Series 2018C” and referred to as Attachment “D” be adopted and attached hereto.

Second by Grindberg. On the vote being taken on the question of the adoption of the Resolution Commissioners Gehrig, Grindberg, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Engineering Staff Authorized to Secure Appraisals and to Negotiate the Acquisition of 28 Properties Potentially Affected by the 37-foot In-town Project with Property Owners Wishing to Sell in Advance of the Project Authorization (Moved from the Consent Agenda):
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) stating an informational meeting was held July 16, 2018 to update the Board on the potential of additional flood mitigation projects needed within the City to accommodate 37-foot flow through town with the proposed Diversion in place. They said at that meeting, staff indicated they would not seek approval from the Board to move forward with any of these new projects, including acquisitions, until a decision on the Diversion Authority’s Plan B project application was made by the Minnesota DNR.
City Engineer Brenda Derrig said since that meeting, three potentially impacted property owners reached out to staff to discuss options available to them and whether they could sell their property prior to a formal approval of the permit and the 37-foot flow through town. She said with the 37-foot flow, five new neighborhoods were identified for potential buyouts and staff feels that if those three were going to be considered sooner, then a letter could be sent to let the other impacted residents know that if something arises, they can reach out to start the purchasing process. The process will only begin for those who request it, she said, and if a purchase price cannot be agreed upon, it would wait until an official decision is made.
Commissioner Strand said more than anything, he wanted everyone aware of this. He said the question is whether to move now or not, and his overall concern is if the project is not permitted, what would happen with these homes.

Ms. Derrig said one possibility is that a house could go back on the market to resell if the project does not get the permit or things change. She said some of the requests are medical based or estates that now find a sale difficult because of the uncertainty.
Commissioner Gehrig moved Engineering staff be directed to secure appraisals, as requested by property owners, and to negotiate the acquisition of properties potentially affected by the 37-foot in-town projects.

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

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, August 27, 2018.

Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:19 o’clock p.m.