Board of City Commissioners - July 2, 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, July 2, 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: Four firefighters have completed their initial training and received shift assignments; employees of the Fire Department played an integral role in providing for the safety of people in attendance at the rally held by President Trump last week; Battalion Chief Craig Nelson has been promoted to Assistant Chief; the Mayors’ Blue Ribbon Commission on Addiction hosted a Take Back event on June 19th and 143 pounds of medications were dropped off; the Library has eliminated fines on all children’s materials; Summer Reading Program upcoming events at the Library include a visit from the Red River Zoo, a vinyl record care workshop, a Pokémon party, a silent reading party for grown-ups and Cupcake Wars; Chief Todd has been working on implementing a “Mind, Body, Soul” wellness philosophy at the Police Department; the Police Department worked with the Secret Service and other agencies to provide security during the President’s visit to Fargo and the Mayor acknowledged the City employees’ planning and proactive approach to managing overtime costs by moving shifts and rearranging schedules without impacting the budget, the many public accolades for all law enforcement agencies involved and the Secret Service remarked that the motorcade operation was top-notch and they thanked all of the assisting agencies for a job well done.
Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved moving Item No. “1d” from the Consent Agenda to the end of the Regular Agenda.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
Judge Steve Dawson administered the Oath of Office to Commissioner Tony Gehrig, Commissioner Dave Piepkorn and Mayor Tim Mahoney.
Minutes Approved:
Commissioner Piepkorn moved that the Minutes of the Regular Meeting of the Board held on June 18, 2018 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. 2nd reading of the following Ordinances; 1st reading, 6/18/18:
a. Amending Sections 13-0301, 13-0302, 13-0303, 13-0304 and 13-0305 of Article 13-03, and Section 13-0401 of Article 13-04 of Chapter 13 of the Fargo Municipal Code Relating to the Control and Regulation of Food Service Establishments.
b. Annexing a Certain Parcel of Land Lying in the Southeast Quarter of Section 11, Township 138 North, Range 49 West in Cass County, North Dakota.
c. Rezoning Certain Parcels of Land Lying in Madelyn’s Meadows Addition to the City of Fargo, Cass County, North Dakota.
d. Amending Sections 18-0304, 18-0308 and Enacting Section 18-0318 of Article 18-03 of Chapter 18 of the Fargo Municipal Code Relating to Use and Care of Streets and Sidewalks (moved to the Regular Meeting).
2. Receive and file Comprehensive Annual Financial Report (CAFR) and Independent Auditor’s Report for the year ending December 31, 2017.
3. Master Agreement for Treasury Management Services with Wells Fargo Bank, N.A.
4. Accept results of the Cass County Canvassing Board for the June 12, 2018 Primary Election; declare candidates elected.
Total City of Fargo Votes Cast: 11,127
For Mayor of the City of Fargo Four Years
Timothy J. Mahoney 8,991 (elected)
For Members of the Board of City Commissioners
Four Years
Tony Gehrig 3,998 (elected)
Dave Piepkorn 3,683 (elected)
Linda Boyd 3,581
Arlette Preston 3,081
Michael J. Williams 3,025
Tim Flakoll 3,021
Liz Maddock-Johnson 1,435
Kelan Oster 254
Lenny Tweeden 162
For Members of the Board of Park Commissioners Four Years
Joe Deutsch 5,583 (elected)
Vicki Dawson 5,476 (elected)
Stacey J. Griggs 4,373 (elected)
Matt Magness 3,941
Brandi Malarkey 3,461
Tyler Tracy 2,518
5. Amended Site Authorization for Northern Prairie Performing Arts at O’Clevy’s at 3333 13th Avenue South.
6. Applications for Games of Chance:
a. FirstLink for a raffle on 8/9/18.
b. North Dakota Horse Park Foundation for a calendar raffle from 7/14/18 to 12/31/18.
c. St. Anthony of Padua Parish for bingo and a raffle on 9/30/18.
7. Notice of Grant Award with the ND Department of Health for Family Planning Depression Screening.
8. Agreement for Services with Nate Hendrickson.
9. Fargo Public Schools Department of Support Services Service Agreement with Fargo Cass Public Health Department for nursing services for Special Education services for summer school 2018.
10. Purchase of Service Agreement with the ND Department of Health for the Women’s Way program (CFDA #93.898).
11. Revised Notice of Grant Award with the ND Department of Health for the Public Health Emergency Preparedness/City Readiness Initiative (CFDA #93.074).
12. Purchase of a Permit and Project Management System from the Davenport Group USA, Ltd. in the amount of $206,300.00 (RFP18027).
13. Resolution Approving Plat of Crescent Addition (Attachment “A”).
14. Engineering Department the authority to approve requests from contractors to work July 4th.
15. Contract Amendment No. 3 with AE2S for an increase of $34,530.00 (Project No. MS-15-P0).
16. Bid award for to Industrial Builders, Inc. in the amount of $806,698.90 for Project No. FM-15-F2, and to Dakota Underground Company in the amount of $248,079.00 for Project No. SN-18-A1.
17. Purchase of one articulated wheel loader from RDO Equipment Company with five annual payments of $48,128.00 to Kinetic Leasing (RFP18068).
18. FEMA Hazard Mitigation Grant Program Amendment No. 5 for a one-year time extension from 3/24/18 to 3/24/19 (Project No. WW1402).
19. Change Orders for Project No. WA1301:
a. No. 18 for an increase of $110,640.00 for the general construction contract.
b. No. 16 for an increase of $252,431.28 for the mechanical construction contract.
20. Task Order No. 9 with AE2S for an increase of $296,700.00 for the Water Treatment Plant Residuals Facility improvements.
21. Bid award to PKG Contracting in the amount of $222,469.00 for Valve Vault Improvements at Water Tower Nos. 4 and 9.
22. Contract and bond for Project No. SN-18-B2.
23. Bills in the amount of $8,805,312.16.
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.
Special Construction Proposal with CenturyLink Approved (Improvement District No. DN-18-A1):
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) regarding the relocation of the existing fiber wire along 63rd Street South, south of 52nd Avenue. They said the estimated cost of the utility relocation is $22,420.48 and funding will be 74.9% from the Water Utility and 25.1% from Special Assessments.
Commissioner Strand moved the Special Construction Proposal with CenturyLink in the amount of $22,420.48 for Improvement District No. DN-18-A1 be approved.
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.
Change Order No. 1 and Time Extension for Improvement District No. BN-16-H1 Approved:
Commissioner Strand moved approval of Change Order No. 1 in the amount of $21,000.00 and a time extension to August 29, 2018 for Improvement District No. BN-16-H1.
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.
Infrastructure Request for Improvement District No. BN-18-L1 Approved:
The Board received a Report of Action from the Public Works Evaluation Committee (PWPEC) regarding an infrastructure request for Urban Plains by Brandt Third Addition. Staff has reviewed the request, they said, and the developer has met six of the seven requirements. The recommendation is to approve the request contingent upon the execution of the Special Assessment Security Agreement and Letter of Credit, they stated.
Commissioner Strand moved the infrastructure request for Improvement District No. BN-18-L1 be approved, contingent upon meeting the execution of the Special Assessment Security Agreement and Letter of Credit and to direct the Engineering Department to coordinate the design with the Developer’s Consultant.
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.
Change Order No. 2 and Time Extension for Improvement District No. TR-17-B1 Approved:
Commissioner Strand moved approval of Change Order No. 2 in the amount of $54,454.00 and a time extension to August 30, 2018 for Improvement District No. TR-17-B1.
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.
Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Lighting and Incidentals Improvement District No. BN-18-L (28th Avenue South, West of 55th Street South and East of Veterans Boulevard):
Commissioner Strand moved the following action be taken in connection with Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Lighting and Incidentals Improvement District No. BN-18-L:
Adopt Resolution Creating Improvement District No. BN-18-L:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BN-18-L in the City of Fargo, North Dakota, be created
28th Avenue South, west of 55th Street South and east of Veterans Boulevard.
Comprising
Lots 1 through 5, Block 1.
Lot 1, Block 2.
All platted within Urban Plains by Brandt Third Addition.
NOW, THEREFORE, BE IT RESOLVED, That Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Lighting and Incidentals Improvement District No. BN-18-L 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. BN-18-L:
_Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-18-L 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 $787,200.00.)
Order Plans and Specifications for Improvement District No. BN-18-L:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BN-18-L in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-18-L:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-18-L 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. BN-18-L 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 Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Lighting 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 Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Lighting and Incidentals Improvement District No. BN-18-L 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 Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Lighting and Incidentals must be in writing and must be filed with the City Auditor's Office within 15 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. BN-18-L:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BN-18-L in the City of Fargo, North Dakota.
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.
Contract for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-H1 Approved:
Commissioner Strand moved approval of the Contract between the City of Fargo and CC Steel, LLC for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-H1 in the City of Fargo, North Dakota.
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.
Contract Bond for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-H1 Approved:
Commissioner Strand moved approval of the following described Contract Bond as to sufficiency:
The Cincinnati Insurance Company, in the amount of $687,025.00, for Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-H1 in the City of Fargo, North Dakota.
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.
Brenda Derrig Appointed City Engineer:
The Board received a communication from City Administrator Bruce Grubb stating the City recently advertised and accepted applications for the position of City Engineer. He said nine applications were received and ranked by a selection committee and based on the application rankings, two preferred applicants were interviewed. Based on the results of the interviews, he said, the committee recommends the appointment of Brenda Derrig to the position of City Engineer.
Commissioner Strand moved Brenda Derrig be appointed City Engineer.
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.
Establishment of a Special Assessment Task Force Approved:
Commissioner Grindberg said all of the Commissioners have an interest in the topic of special assessments and based on the decision to change the special assessment distribution formula, he feels there is a broader discussion to be had with stakeholders in the community. He said he is recommending the formation of a task force to review current statutes, take a look at how other cities go about the business of development, put together a discussion and come back later with a timeline, a scope of work and membership and get this finished by the end of the year.
In response to a question from Commissioner Gehrig asking who will put together the proposal, Mayor Mahoney said the group will be appointed by himself, community members and staff.
Commissioner Strand said it is very important the task force engage the citizenry and have a diverse set of voices. He said he would be comfortable having all Commissioners on the task force or be able to appoint people.
Mayor Mahoney said there should be an open meeting followed by the formation of a formal task force that will include two Commissioners. He said if major changes are to be made, those changes should come out of task force discussions.
Commissioner Grindberg moved the establishment of a Special Assessment Task Force be approved.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay the motion was declared carried.
Special Assessment Policy Adjustment Approved:
City Engineer Brenda Derrig said the re-evaluation of 38 projects affected by the approval of the Interim 2013 Funding Policy has been completed. Going to the 2013 policy changed either the special assessments or both the assessments and City funding for those 38 projects, she said, and of 136 projects, there were 98 that did not change. Of the 38 projects, 35 affected specials and City funds, she said, and three affected specials only. She shared numbers representing the change in the special assessments and City funds between the 2016 and 2013 Infrastructure Policy, as well as a revised Preliminary 2019 Capital Improvement Plan (CIP). She said of the 35 projects affected, an additional $13,497,028.74 in City funds are needed. She said the City could finance the shortfall by transferring funds from the Sales Tax Fund in the interim and eliminate all of the water main replacement projects contemplated for 2019, which would save about $8,482,500.00. She pointed out that the 2013 Infrastructure Funding Policy is based on capped costs and by following the 2013 policy, the front foot cost decreased and the amount to be spread increased on the secondary benefit, she said; however, costs went up minimally, less than $500.00. For example, she said, the project on Great Northern Drive with the 2016 policy, Xcel Energy is paying all costs associated with the relocation of utilities along with reconstructing half of the road, the City will pay 25 percent of the remaining cost of that project and the other 25 percent will be special assessed at $92.22 per front foot. Using the reinstated 2013 policy with capped costs, Xcel Energy is still paying 50 percent, she said; however, special assessments are capped at $188.00 per front foot with the actual amount assessed at $184.44 per front foot. Since the cap was not met, she said, there is no City participation, therefore the special assessments doubled.
In response to a question from Commissioner Piepkorn asking how this policy affects the project on Great Northern Drive, Ms. Derrig said that project had already been bid out and started, therefore the 2016 policy is still in place.
In response to a question from Commissioner Piepkorn about what will happen with water main replacements if they are delayed for a year and what will be the strategy to catch-up, Ms. Derrig said it will be a lag due to the fact that there are only so many water mains that can be done at one time.
Commissioner Piepkorn said he recalls several years ago when underground work was delayed and it eventually cost the City more money; therefore, he would favor reducing the amount of water main replacements for 2019 rather than eliminating them.
Commissioner Strand said all of these changes are significant and it will challenge the community. He said it is going to stress the City’s budget immensely and will have to be spread across everyone’s pocketbooks. He said he hopes the Special Assessment Task Force can come up with some good proposals. He said with a $13 million hit to the City budget and the delay in CIP projects, there will be significant changes.
Commissioner Strand moved property owners impacted by the recently enacted Special Assessment Funding policy be refunded no later than September 1, 2018.
Second by Gehrig. On call of the roll Commissioners Strand, Gehrig, Grindberg, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Commissioner Strand moved $727,090.00 be credited to uncertified balances for special assessments that have already been approved certified and reduce the property owner share of assessments for projects completed but not yet certified.
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.
Commissioner Strand moved the property owner's share of assessments for projects in progress totaling $9,927,819.00 be reduced.
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.
Commissioner Strand moved sales taxes be used to fund the adjustments on an interim basis, removing all water main replacement projects in the 2019 CIP to stabilize sales tax resources.
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.
Commissioner Strand moved the City Attorney and Bond Counsel be directed to further study the impact of substituting existing pledged revenues on existing bond issues with City funds.
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.
Special Assessment List for Water Main Replacement, Force Main Construction, Street Reconstruction Improvement District No. BR-16-B Approved:
A Hearing had been set for October 9, 2017 on the special assessment list for the construction for Water Main Replacement, Force Main Construction, Street Reconstruction Improvement District No. BR-16-B in the City of Fargo, North Dakota, having been approved by the Special Assessment Commission on September 6, 2017.
At the October 9, 2017 meeting, the Hearing was continued to October 23, 2017.
At the October 23, 2017 meeting, the Hearing was continued to May 21, 2018.
At the May 21, 2018 meeting, the Hearing was continued to June 18, 2018.
At the June 18, 2018 meeting, the Hearing was continued to this date and hour.
Commissioner Grindberg moved the Special Assessment List for Water Main Replacement, Force Main Construction, Street Reconstruction Improvement District No. BR-16-B be approved.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Strand and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.
Special Assessment List for Various Improvement Districts Approved:
A Hearing had been set for June 18, 2018 on the special assessment lists for the construction of the following Improvement Districts in the City of Fargo, North Dakota, all having been approved by the Special Assessment Commission on May 2, 2018; set the interest rate a 1% per annum over the net rate on bonds financing said projects.
At the June 18, 2018 meeting, the Hearing was continued to this date and hour.
P.C. Concrete Alley Paving Improvement District No. AN-16-C.
P.C. Concrete Alley Paving Improvement District No. AN-17-E.
Relocate Utilities and Incidentals Improvement District No. BN-15-M.
Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Curb and Gutter, Asphalt Paving and Street Lights Improvement District No. BN-16-G.
Sanitary Sewer, Water Main, Storm Sewer, Asphalt Paving and Street Lights Improvement District No. BN-16-J.
Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Paving and Street Lights Improvement District No. BN-16-K.
Sanitary Sewer, Water Main, Storm Sewer, Asphalt Paving and Street Lights Improvement District No. BN-17-F
Water Main Replacement, Force Main, Street Reconstruction Improvement District No. BR-16-A.
Street Reconstruction, Railroad Crossing Surface Replacement Improvement District No. BR-17-E.
Storm Sewer Lift Station, Storm Sewer Improvement District No. NN-14-0.
Storm Sewer Lift Station, Storm Sewer Improvement District No. NN-14-2.
Storm Sewer Lift Station Improvement District No. NN-15-A.
Storm Sewer Lift Station 48 Expansion, Sewer Service Improvements Improvement District No. NR-16-A.
Sanitary Sewer, Water Main, Storm Sewer, PC Concrete Paving, Street Lights Improvement District No. PN-14-4.
Concrete Curb and Gutter, Asphalt Paving, Street Lights Improvement District No. PN.15-J.
Asphalt Wearing Course Improvement District No. PN-17-A.
Seal Coat Improvement District No. PR-17-G.
Traffic Signal Improvements Improvement District No. TN-16-C.
Storm Sewer Repairs Improvement District No. UR-15-B.
City Auditor Steve Sprague said the projects presented have been created, the districts were established, the projects were constructed and inspected and the final costs assembled, certified and presented to the Special Assessment Commission, who determined the benefit of each project. He said the total amount for the projects is $21 million and protests were heard at the Special Assessment Commission.
Steve Aune, MJ Investments, said his complaint about Improvement District No. BR-16-B is how it was put together. He said the project was for moving water and sewer from Downtown, north to the treatment plant. He said everybody should participate in that project. He said he understands the need to move water and sewer north due to the fact that Fargo is growing; however, to have the improvement district so small is unbelievable and the process that was put together for designation of costs was ridiculous. He said the first bill to his client was $350,000.00. He said that amount was reduced to $157,000.00 and now with the new policy his client will get a measly $2,000.00 decrease. He said something is not right in this process and he is glad a task force is going to study the process due to the fact that the districts are not big enough.
Ms. Derrig said the sanitary sewer force main was paid in full by a federal grant and any other sewer, water and rehab costs for this project were assessed using the 2016 policy, then reassessed with the 2013 policy. She said it is a local road and was assessed as a local road; however, additional costs for the sanitary sewer force main were not assessed.
Commissioner Gehrig said the 1 percent interest rate is too high and the formation of a Special Assessment Task Force shows good faith; however, he said he is still going to vote “no” on these projects.
Commissioner Strand said he agrees with Commissioner Gehrig about the 1 percent interest rate; however, he is not inclined to vote against it now. He said he wants to address the bigger picture and he wants to see all of the implications and consequences, intended or not.
Finance Director Kent Costin said he and his staff have research and market surveys from Minnesota and North Dakota as well as details behind the 1 percent interest rate and how it serves and responds to the life cycle of bonds. He said he is ready to discuss the 1 percent issue.
Mayor Mahoney said bonds, similar to a mortgage, have an origination fee and the City has to put money up front for the bonds, which does not come out of the general fund. He said those fees are significant and according to the North Dakota Century Code, the City could charge those fees to property owners; however, the City is more lenient than many other cities who do charge those fees to property owners.
Commissioner Grindberg moved that the special assessment lists for the construction of the above listed Improvement Districts be and the same are hereby approved and confirmed and ordered filed in the office of the City Auditor, that the City Auditor's Office be instructed to proceed to collect the assessments in the manner provided by law and that the interest rate be set at 1% per annum over the net rate on bonds financing said projects.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Strand and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.
Renaissance Zone Project for Beerfish LLC Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for Beerfish LLC for a business leasing property as part of a zone project at 247 Roberts Street North.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.
The Board received a communication from Assistant Planner Barrett Voigt stating the Renaissance Zone Law states “a business that purchases or leases property as part of a zone project is exempt from income tax for five taxable years beginning in the year of the investment or lease for income derived from the business locations within the zone.” He said the Fargo Renaissance Zone Development Plan further states “Tenant must be leasing space in a building that has been approved as a zone project to be eligible for consideration.” He stated the Renaissance Zone Authority felt that lease projects such as the application from Beerfish LLC would generally be straightforward and could be advanced to the City Commission following staff review and would generally not require direct Authority action. He said staff review found the applicant has met the aforementioned requirements. He said the project addresses the business retention and expansion goals stated in the Renaissance Zone Development Plan.
Commissioner Grindberg moved the Renaissance Zone application filed by Beerfish LLC for a lease project located at 247 Roberts Street North be approved and the income tax exemptions be granted as recommended by the Renaissance Zone Authority.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Strand and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.
Renaissance Zone Project for 1631 Hospitality LLC Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for 1631 Hospitality LLC for a business leasing property as part of a zone project at 635 2nd Avenue North.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.
The Board received a communication from Assistant Planner Barrett Voigt stating the Renaissance Zone Law states “a business that purchases or leases property as part of a zone project is exempt from income tax for five taxable years beginning in the year of the investment or lease for income derived from the business locations within the zone.” He said the Fargo Renaissance Zone Development Plan further states “Tenant must be leasing space in a building that has been approved as a zone project to be eligible for consideration.” He stated the Renaissance Zone Authority felt that lease projects such as the application from 1631 Hospitality LLC would generally be straightforward and could be advanced to the City Commission following staff review and would generally not require direct Authority action. He said staff review found the applicant has met the aforementioned requirements. He said the project addresses the business retention and expansion goals stated in the Renaissance Zone Development Plan.
Commissioner Grindberg moved the Renaissance Zone application filed by 1631 Hospitality LLC for a lease project located at 635 2nd Avenue North be approved and the income tax exemptions be granted as recommended by the Renaissance Zone Authority.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Strand and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.
Renaissance Zone Project for Hygge Life LLC Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for Hygge Life LLC for a business leasing property as part of a zone project at 615 2nd Avenue North.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.
The Board received a communication from Assistant Planner Barrett Voigt stating the Renaissance Zone Law states “a business that purchases or leases property as part of a zone project is exempt from income tax for five taxable years beginning in the year of the investment or lease for income derived from the business locations within the zone.” He said the Fargo Renaissance Zone Development Plan further states “Tenant must be leasing space in a building that has been approved as a zone project to be eligible for consideration.” He stated the Renaissance Zone Authority felt that lease projects such as the application from Hygge Life LLC would generally be straightforward and could be advanced to the City Commission following staff review and would generally not require direct Authority action. He said staff review found the applicant has met the aforementioned requirements. He said the project addresses the business retention and expansion goals stated in the Renaissance Zone Development Plan.
Commissioner Grindberg moved the Renaissance Zone application filed by Hygge Life LLC for a lease project located at 615 2nd Avenue North be approved and the income tax exemptions be granted as recommended by the Renaissance Zone Authority.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Strand and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.
Renaissance Zone Project for Riverview Dental PC at Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for Riverview Dental PC for a business leasing property as part of a zone project at 321 4th Street North.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.
The Board received a communication from Assistant Planner Barrett Voigt stating the Renaissance Zone Law states “a business that purchases or leases property as part of a zone project is exempt from income tax for five taxable years beginning in the year of the investment or lease for income derived from the business locations within the zone.” He said the Fargo Renaissance Zone Development Plan further states “Tenant must be leasing space in a building that has been approved as a zone project to be eligible for consideration.” He stated the Renaissance Zone Authority felt that lease projects such as the application from Riverview Dental PC would generally be straightforward and could be advanced to the City Commission following staff review and would generally not require direct Authority action. He said staff review found the applicant has met the aforementioned requirements. He said the project addresses the business retention and expansion goals stated in the Renaissance Zone Development Plan.
Commissioner Grindberg moved the Renaissance Zone application filed by Riverview Dental PC for a lease project located at 321 4th Street North be approved and the income tax exemptions be granted as recommended by the Renaissance Zone Authority.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Strand and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.
Renaissance Zone Project for Ecce Yoga LLC at Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for Ecce Yoga LLC for a business leasing property as part of a zone project at 321 4th Street North.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.
The Board received a communication from Assistant Planner Barrett Voigt stating the Renaissance Zone Law states “a business that purchases or leases property as part of a zone project is exempt from income tax for five taxable years beginning in the year of the investment or lease for income derived from the business locations within the zone.” He said the Fargo Renaissance Zone Development Plan further states “Tenant must be leasing space in a building that has been approved as a zone project to be eligible for consideration.” He stated the Renaissance Zone Authority felt that lease projects such as the application from Ecce Yoga LLC would generally be straightforward and could be advanced to the City Commission following staff review and would generally not require direct Authority action. He said staff review found the applicant has met the aforementioned requirements. He said the project addresses the business retention and expansion goals stated in the Renaissance Zone Development Plan.
Commissioner Grindberg moved the Renaissance Zone application filed by Ecce Yoga LLC for a lease project located at 321 4th Street North be approved and the income tax exemptions be granted as recommended by the Renaissance Zone Authority.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Strand and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.
Renaissance Zone Project for DFI BA LLC at Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for DFI BA LLC at 109 and 111 Broadway North.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.
The Board received a communication from Assistant Planner Barrett Voigt stating the Renaissance Zone Project application presented by DFI BA LLC meets all of the minimum criteria set forth in the Renaissance Zone Plan and is consistent with the established goals and objectives. Mr. Voigt recommended that the project be approved.
Commissioner Grindberg moved the Renaissance Zone application filed by DFI BA LLC for a project located at 109 and 111 Broadway North be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Strand and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.
Renaissance Zone Project for North 500 Block, LLC at Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for North 500 Block, LLC at 502 and 506 Broadway North.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.
The Board received a communication from Assistant Planner Barrett Voigt stating the Renaissance Zone Project application presented by North 500 Block, LLC meets all of the minimum criteria set forth in the Renaissance Zone Plan and is consistent with the established goals and objectives. Mr. Voigt recommended that the project be approved.
Commissioner Grindberg moved the Renaissance Zone application filed by North 500 Block, LLC for a project located at 502 and 506 Broadway North be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Strand and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.
Parcels of Land in Urban Plains Rezoned (4680, 5100 and 5101 28th Avenue South; 4651 and 4845 30th Avenue South; 5298 31st Avenue South; 4543 and 4737 32nd Avenue South; 2911 45th Street South; 2640, 2660, 2720, 2740, 2760 and 2780 47th Street South; 3180 49th Street South; 3023, 3057, 3079 and 2701 51st Street South; 2633 and 2867 55th Street South; 2907, 2915, 2949, 2975, 3037 and 3151 Seter Parkway South; 3050 and 3155 Brandt Drive South; and 4574 Urban Plains Drive South):
At a Hearing held on June 5, 2018 the Fargo Planning Commission recommended approval of a change in zoning to repeal and re-establish a C-O, Conditional Overlay on Lot 1, Block 4, Lots 2-4, Block 5 and Lots 3-4, Block 8, Urban Plains by Brandt 1st Addition; Lots 2-3, Block 1, Lot 2, Block 2, Lot 1, Block 3, Lots 2-3, Block 5, and part of Lot 1, Block 5, Urban Plains by Brandt 2nd Addition; Lots 5-6, Block 1, Urban Plains Medical Park Addition; Lots 7-9 and part of Lot 10, Block 1, Urban Plains Retail Addition; Lots 1-3, Block 3 and Lot 1, Block 4, Urban Plains Center Addition; Parts of Lots 3 and 5, and all of Lot 4, Block 1, Urban Plains Northeast Retail Addition; and Lots 2-3, Block 1, Urban Plains Northeast Retail 2nd 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.
Current Planning Coordinator Donald Kress said the applicant is seeking a handful of modifications to the existing Conditional Overlay that will allow greater flexibility of design for the future development of vacant properties within Urban Plains. He said proposed modifications are to building form and style with recesses and projections, façade features, building materials and pedestrian connectivity.
Austin Morris, Enclave Development, said as this property continues to be developed, there are more and more challenges faced due to outdated design restrictions. He said in trying to create a pedestrian friendly, downtown-like area in a suburban environment, the developers have run into constraints with materials. He said with the original draft language from 15 years ago, the developers cannot use new product types that are available today. He said the changes requested are only updates to the original draft language.
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 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:
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 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 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 Authorizing the Issuance of Not to Exceed $43,500,000.00 City of Fargo, North Dakota Refunding Improvement Bonds, Series 2018D, Prescribing the Terms and Covenants Thereof, and Creating a Fund for the Payment Thereof: Resolution Creating the Funds of Improvement Districts, Providing for and Appropriating Special Assessments for the Support and Maintenance of Said Funds and Authorizing the Issuance of Not to Exceed $43,500,000.00 Improvement Warrants (Series 2018D) Thereon:
The Board received a communication from Finance Director Kent Costin that the City is planning to sell Refunding Improvement Bonds in July. He said due to the timing of the City Commission calendar and anticipated level of planned debt issuances in the bond market on July 16th, Springsted, Inc., the City’s financial adviser, is recommending issuance of the City’s securities on July 11th. He said this is a strategic planning decision that should provide excellent results that do not compete with other bond issuers. He said the bonds will be marketed and sold as long as the final bids are within the Resolution parameters.
Terry Heaton, Client Representative with Springsted, Inc., said she is recommending a change in the time to sell due to the July 4th holiday and there are not enough investors involved in order to get a good rate. She said bond sales are usually held on Mondays; however, by going from a Monday to a Wednesday there will be a lower supply, which will result in a better response from investors and better rates. She said there would have to be a committee to receive the low bid on July 11th, which would consist of the Mayor, the City Auditor and the Finance Director, who would act and then at the July 16th City Commission meeting, the Board can vote on the results. The Resolution presented today is the authorization to sell the bonds on a better day, she said, when we can come in to a lower supply, get the cash in the door and get better response from underwriters.
In response to a question from Commissioner Grindberg asking if there is a downside to moving the sale date, Ms. Heaton said there is no downside and the only difference is due to the holiday and City Commission meeting dates, she wants to get the best market for the City by picking a day when there is less supply. She said this also locks in the rates when there are some indications interest rates will be rising.
In response to a question from Commissioner Grindberg asking if an email to the Commissioners can be sent on July 11th apprising them of the results of the sale, Assistant City Nancy Morris said the Committee cannot make a decision outside of the public meeting; however, the Commissioners can be informed of the bid results.
Commissioner Grindberg moved the Resolutions entitled “Resolution Authorizing the Issuance of Not to Exceed $43,500,000.00 City of Fargo, North Dakota Refunding Improvement Bonds, Series 2018D, Prescribing the Terms and Covenants Thereof, and Creating a Fund for the Payment Thereof” and “Resolution Creating the Funds of Improvement Districts, Providing for and Appropriating Special Assessments for the Support and Maintenance of Said Funds, and Authorizing the Issuance of Not to Exceed $43,500,000.00 Improvement Warrants (Series 2018D) Thereon” referred to as “Attachments B and C” be adopted and attached hereto.
Second by Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Piepkorn, Strand, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
Commissioner Piepkorn Appointed Deputy Mayor:
The Board received a communication from Mayor Mahoney recommending Commissioner Piepkorn be appointed Deputy Mayor.
Commissioner Grindberg moved Commissioner Piepkorn be appointed Deputy Mayor.
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.
Liaison Commissioner Assignments Approved:
Mayor Mahoney said he visits with the Commissioners for input on how each would like to be involved and then he works to obtain a balance. He said the liaison assignments are important for each to manage. He submitted the following recommendations for Liaison Commissioner Assignments:
Gehrig
Departments: Enterprise/Utilities, Fire, Information Services
Committees: Diversion Authority (alternate), Liquor Control, Metro COG, Utility Committee
Board Liaison: Fargo Youth Initiative, Library, Red River Basin Board
Grindberg
Departments: Planning
Committees: Diversion Authority, Metro Area Transit Coordinating Board, Metro COG, Renaissance Zone
Board Liaison: Board of Adjustment, Board of Appeals, Civil Service, Housing Authority
Mahoney
Departments: City Commission, Finance, Human Resources, Operations, Police
Committees: Ambulance Committee, Cass County Planning Commission, Community Development, Diversion Authority, GFMEDC, Lake Agassiz Water Authority, Position Evaluation Committee, Tax Exempt Review, Vector Control, Finance Committee, Public Works Projects Evaluation Committee, Utility Committee
Piepkorn
Departments: Engineering
Committees: Diversion Authority, Fargodome Finance, GFMEDC, Lake Agassiz Water Authority (alternate), Liquor Control, Metro COG, Position Evaluation, Renaissance Zone, Tax Exempt Review, Finance Committee
Board Liaison: Airport Authority, Auditorium, Downtown Community Partnership
Fargo Dome Authority, Parking, Red River Basin Board, Special Assessment
Strand
Departments: Health, Transit
Committees: Community Development, Diversion Authority (alternate), Metro COG, Metro Area Transit Coordinating Board, Food Systems Advisory Committee, Traffic Tech Advisory
Board Liaison: Arts and Culture, Board of Health, Historic Preservation, Human Relations, Native American
Commissioner Gehrig moved the recommendation be amended to appoint himself as Liaison Commissioner on the Airport Authority.
The motion died for lack of a second.
Commissioner Grindberg said when this motion passes, and he thinks it will, he looks forward to Commissioner Piepkorn's role with the Airport Authority. He said he thinks the City of Fargo, and the five members of this Board, need to be open-minded when it comes to operations of the airport. He said there seems to be somewhat of an agenda and he would like to see things done in a collaborative spirit whether it is operations or a parking ramp and he thinks it is important that he shares this information with the Board.
Commissioner Piepkorn said the main thing to keep in mind is everyone here is on the same team. He said the airport is a vital part of the City’s economic growth, the two cannot be separate, the City and the Airport Authority need to work together and he thinks they will.
Commissioner Strand moved the recommendations submitted by Mayor Mahoney be approved as outlined above.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Piepkorn and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.
Resolution to Adopt Rules and Regulations Relative to the Operation of the Agenda and Conduct of City Commission Meetings Delayed for Two Weeks:
Assistant City Attorney Nancy Morris said this same Resolution has been in effect since at least 1985 and following an election, it is standard procedure for the Board to look over the rules to see if the desire is to continue operating under the same rules.
Commissioner Strand said he has questions regarding Items “F” and “G” under “RULES GOVERNING CONDUCT OF CITY COMMISSION MEETINGS” about reconsidering issues after 28 days and motions to reconsider. He said he would like to delay this item for two weeks so he can discuss some of the issues with the Assistant City Attorney.
Commissioner Strand moved the Resolution to Adopt Rules and Regulations Relative to the Operation of the Agenda and Conduct of City Commission Meetings be delayed for two weeks.
Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn, Gehrig, Grindberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
State Water Commission Request for Reimbursement for FM Diversion Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $521,819.00 for cost reimbursement for the FM Area Flood Risk Management Project for May 2018. He said the request is for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project.
Commissioner Grindberg moved the cost reimbursement request in the amount of $521,819.00 for the FM Diversion Flood Project for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project be approved.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Strand, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay the motion was declared carried.
State Water Commission Request for Reimbursement for FM Diversion Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $567,145.00 for cost reimbursement for the FM Area Flood Risk Management Project for May 2018. He said the request is for expenses related to projects in the Oxbow/Hickson/Bakke component of the project.
Commissioner Grindberg moved the cost reimbursement request in the amount of $567,145.00 for the FM Diversion Flood Project for expenses related to projects in the Oxbow/Hickson/Bakke component of the project be approved.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig and Mahoney voted aye.
Commissioner Piepkorn voted nay.
The motion was declared carried.
Preliminary Approval of PILOT Assistance to Dakota Beach Capital, LLC for a Proposed Project at 914 and 918 15th Street North Approved: Appropriate Staff Directed to Draft a Developer’s Agreement:
The Board received a communication from Strategic Planning Director Jim Gilmour regarding a request for assistance from the Payment in Lieu of Taxes (PILOT) program for a proposed project near North Dakota State University. He said James Pladson and Austin Morris, representing Dakota Beach Capital, LLC, have proposed a project that would be a redevelopment of the site and construction of a 16-unit apartment building with interior and exterior parking. He said City policy calls for the City Commission to review the request to determine if staff should proceed to work with the developer on the project and forward the PILOT application to the City financial advisers for review. He said this is the initial request to go forward with the review or not.
Commissioner Gehrig said this policy has been in effect for more than 15 years and he wondered how long the City should be doing this. He said he thought the consensus of the Board was to never vote for apartment incentives again and if by doing this, is the Board missing opportunities for other parts of town.
Mayor Mahoney said this is just a vote to move forward with a review, not a vote for a PILOT.
In response to a question from Commissioner Strand regarding feedback from the neighborhood, Mr. Gilmour said there has been none to date and that feedback would be expected at a public hearing. He said the land is currently zoned for University Mixed Use and this project would be blight removal. He said the PILOT encourages private development, removes blight and contributes to implementation. He said this plan meets three objectives at this point.
Commissioner Grindberg said he is inclined to support this project; however, he needs more data.
Austin Morris, Dakota Beach Capital LLC, said the two homes are now rentals to NDSU students and the costs to renovate them are prohibitive due to the condition of the structures as well as asbestos abatement.
Commissioner Piepkorn moved preliminary approval of PILOT assistance to Dakota Beach Capital, LLC for a proposed project at 914 and 918 15th Street North and that appropriate staff be directed to draft a Developer’s Agreement.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg and Mahoney voted aye.
Commissioners Strand and Gehrig voted nay.
The motion was declared carried.
Second Reading and Final Adoption of an Ordinance Amending Sections 18-0304, 18-0308 and Enacting Section 18-0318 of Article 18-03 of Chapter 18 of the Fargo Municipal Code Relating to Use and Care of Streets and Sidewalks Delayed for Two Weeks (Moved from the Consent Agenda):
Planning Administrator Nicole Crutchfield said this ordinance creates the legal framework for the Summer 2018 Food Truck Pilot Program. She said Downtown stakeholders want to provide comment and input into the program, therefore she would like an additional two weeks to collect and distill those comments and then make a presentation and request City Commission approval of the pilot program policy document.
Joe Burgum, 514 10th Avenue South, said he operates a food truck site Downtown and this pilot program will be something to learn from such as how to deal with permits and complaints and the contrast of having a food cart that can be on the sidewalk versus a food truck, which has to be on private property.
Randy Thorson, Downtown business owner, said he has seen success with the food trucks partnering with bars and breweries. He said another issue is there are five restaurants on NP Avenue and if there are food trucks on both sides of the road, that will affect parking and access for the restaurants. He is hoping the Board will continue the decision for the program for two weeks in order to figure all of that out.
Commissioner Piepkorn moved that the second reading and final adoption of an Ordinance Amending Sections 18-0304, 18-0308 and Enacting Section 18-0318 of Article 18-03 of Chapter 18 of the Fargo Municipal Code Relating to Use and Care of Streets and Sidewalks, which was placed on its first reading June 18, 2018, be delayed for two weeks.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Strand, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay the motion was declared carried.
Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, July 16, 2018.
Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:29 o’clock p.m.