Board of City Commissioners - June 18, 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, June 18, 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: The Fire Department and Fargo Cass Public Health hosted a “Play Safe! Be Safe!” program for child care providers; training drills were conducted by the Fire Department at the Heartland Apartments which will be torn down later this year; a “Take Back Tuesday” event will be held June 19th at Fargo Cass Public Health for residents to dispose of unwanted medicines; produce is ready to be harvested in the garden boxes at the entrance at Cass Public Health; the Library Summer Reading Program is underway and the Library will participate in Party in the Park events, “Streets Alive” and the Police Department’s community picnic; the Police Department is looking at redesigning beats to better balance calls and meet demands; Amy Kingzett was instrumental in efforts organizing and representing the Police Department at the torch run and opening ceremonies for the Special Olympics; police officers have received “Effective Police Interactions with Youth” training; the first week of Fargo Police Summer Camp has concluded with 21 students participating; bike racks spelling out “Fargo” in American Sign Language have been installed on the corner of Broadway and Second Avenue North.
Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved.
Second by Gehrig. 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 June 4, 2018, be approved as read.
Second by Piepkorn. 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. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of the following Ordinances:
a. 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.
b. 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.
2. 2nd reading and final adoption of the following Ordinances; 1st reading 6/4/18:
a. Amending Sections 25-3001, 25-3002 and 25-3006, and Repealing Sections 25-3003 and 25-3004 of Article 25-30 of Chapter 25 of the Fargo Municipal Code Relating to Alarm Systems.
b. Rezoning a Certain Parcel of Land Lying in Valley View 4th Addition to the City of Fargo, Cass County, North Dakota.
c. Rezoning Certain Parcels of Land Lying in Ohmer’s Addition, City of Fargo, Cass County, North Dakota.
d. Repealing and Re-Establishing a Conditional Overlay District on Certain Parcels of Land Lying in Simonson First Addition, City of Fargo, Cass County, North Dakota.
3. Appointment of William Wischer as a City Prosecutor and as an Assistant City Attorney.
4. Receive and file General Fund – Budget to Actual through May 31, 2018 (unaudited).
5. Renewal of Alcoholic Beverage Licenses and Live Entertainment Licenses until June 30, 2019, contingent on all essential requirements for renewal being met by June 30, 2018.
6. Site Authorization for Sts. Anne & Joachim Catholic Church at Sts. Anne & Joachim Catholic Church.
7. Applications for Games of Chance:
a. FM AM Rotary Club for a sports pool from 9/10/18 to 2/3/19.
b. Fargo Moorhead Derby Girls for a raffle on 7/14/18.
c. Jefferson School for a raffle on 6/28/18.
d. El Zagal Shriner – Provost Guard for a raffle on 9/6/18.
e. Fargo North High School for a calendar raffle from 8/23/18 to 5/25/18.
f. Fargo North High School for a calendar raffle from 8/23/18 to 5/25/18.
g. Steve Weidner FM Junior Tour for a calendar raffle from 7/1/18 to 6/30/19.
h. Villa Nazareth d/b/a CHI Friendship for a raffle on 11/2/18.
8. Purchase of Service Agreements with Mapleton School District and Northern Cass School District for nursing services for the 2018-2019 school years.
9. Financial Award from the ND Department of Commerce for an Emergency Solutions Grant to support housing relocation/stabilization at the Gladys Ray Homeless Shelter (CFDA #14.231).
10. Three-year contract with Great Plains Fire Equipment for structural firefighting turnout gear (RFP18162).
11. Library Board President Rachael Steenholdt as the designated representative of the City’s governing body on the Library Board and future Library Board Presidents as the designated representatives of the City’s governing body.
12. Change Orders for the City Hall Project:
a. No. 15 for an increase of $491.00 for the mechanical construction contract.
b. No. 14 for an increase of $47,753.43 for the electrical construction contract.
c. No. 15 for an increase of $2,299.98 for the electrical construction contract.
13. Adopt Resolutions approving the following Plats:
a. Timber Parkway 3rd Addition (Attachment “A”).
b. Maple Valley Fourth Addition (Attachment “B”).
14. State Historical Society Certified Local Government (CLG) Agreement for National Park Service’s Historic Preservation Grant Funds 2018.
15. 90-Minute Parking Time Zone on the west side of 3rd Street North between NP Avenue and Machinery Row Avenue.
16. Solid Waste Management Agreement for Private Haulers in the City of Fargo with Pioneer Roll-Off effective June 19, 2018.
17. Transit Department to apply for the grants as presented.
18. Contract Amendment No. 5 with Houston Engineering, Inc. in the amount of $292,200.00 for Project No. FM-14-13.
19. Reallocation of Storm Sewer Capital Funds for upcoming lift station repair projects and direct Engineering to solicit consultants through the use of the MSA.
20. Revision of the 2018 Capital Improvement Plan to include Project No. SN-18-C1 and Task Order No. 15 with Houston Engineering, Inc.
21. Bid advertisement for Project No. SN-18-C.
22. Contract and bond for Project No. FM-15-K1.
23. Bills in the amount of $9,334,009.52.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Access Agreement (Bike Trail) with Cass Rural Water Users District Approved (Improvement District No. FM-17-C1):
Commissioner Grindberg moved the Access Easement (Bike Trail) with Cass Rural Water Users District in association with Improvement District No. FM-17-C1 be approved.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
License Agreement and Contract and Grant of Easement with the United States of America, Department of Energy, Western Area Power Administration Approved (Improvement District No. FM-17-C1):
Commissioner Grindberg moved the License Agreement and Contract and Grant of Easement with the United States of America, Department of Energy, Western Area Power Administration in association with Improvement District
No. FM-17-C1 be approved
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Request from Master Construction Company, Inc. to Complete Work on Sundays and After Hours for Improvement District No. BN-17-A1 Approved:
Commissioner Grindberg moved the request from Master Construction Company, Inc. to complete work on Sundays and after hours for Improvement District No. BN-17-A1 be approved.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Request from Master Construction Company, Inc. to Complete Work on Sundays and After Hours for Improvement District No. BR-18-C1 Approved:
Commissioner Grindberg moved the request from Master Construction Company, Inc. to complete work on Sundays and after hours for Improvement District No. BR-18-C1 be approved.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Creation of Improvement District No. BN-18-F and Use of the MSA for Design Approved:
Commissioner Grindberg moved the creation of Improvement District No. BN-18-F and use of the MSA for design, contingent upon the Developer Agreement for reimbursement, be approved.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Infrastructure Request Contingent Upon the Execution of the Special Assessment Security Agreement and Letter of Credit Approved (Improvement District No.
BN-18-K1):
Commissioner Grindberg moved the infrastructure request be approved contingent upon the execution of the Special Assessment Security Agreement and letter of credit for Improvement District No. BN-18-K1.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn, Strand 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, Site Grading, Street Lighting and Incidentals Improvement District No. BN-18-F (Madelyn’s Meadows Addition):
Commissioner Grindberg moved the following action be taken in connection with Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Site Grading, Street Lighting and Incidentals Improvement District No. BN-18-F:
Adopt Resolution Creating Improvement District No. BN-18-F:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BN-18-F in the City of Fargo, North Dakota, be created
On 72nd Avenue South just south of the southern line of Golden Valley 1st Addition.
On 73rd Avenue South, just west of 25th Street South to Cass County
Drain 53.
On 26th Street South between 73rd Avenue South and the southern line of Golden Valley 1st Addition.
On 30th Street South between 72nd Avenue South and 73rd Avenue South.
On Madelyn Way South.
COMPRISING:
Lots 1 through 16, Block 1.
Lots 1 through 18, Block 2.
Lots 1 through 13, Block 3.
All platted in Madelyn’s Meadows First Addition.
All of the unplatted land in southeast quarter section of T138N R49W
Section 11 line east of Cass County Drain 53. A portion of which is to be platted as Madelyn’s Meadows First Addition.
All of the foregoing located in City of Fargo ET, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Site Grading, Street Lighting and Incidentals Improvement District No. BN-18-F 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-F:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-18-F 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 $2,309,509.28.)
Order Plans and Specifications for Improvement District No. BN-18-F:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BN-18-F in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-18-F:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-18-F 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-F 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, Site Grading, Street 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, Site Grading, Street Lighting and Incidentals Improvement District No. BN-18-F 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, Site Grading, Street 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-F:
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-F in the City of Fargo, North Dakota.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Storm Sewer, P.C. Concrete Paving, Street Lights and Incidentals Improvement District No. BN-18-K (Fox First Addition):
Commissioner Grindberg moved the following action be taken in connection with Storm Sewer, P.C. Concrete Paving, Street Lights and Incidentals Improvement District No. BN-18-K:
Adopt Resolution Creating Improvement District No. BN-18-K:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BN-18-K in the City of Fargo, North Dakota, be created
On Sheyenne Loop North, west of north leg of Sheyenne Loop North, just south of 19th Avenue North.
COMPRISING:
Lots 2 through 5, Block 1.
All platted in Fox First Addition.
All of the foregoing located in the City of Fargo, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That Storm Sewer, P.C. Concrete Paving, Street Lights and Incidentals Improvement District
No. BN-18-K 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-K:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-18-K 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 $474,554.08.)
Order Plans and Specifications for Improvement District No. BN-18-K:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BN-18-K in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-18-K:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-18-K 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-K 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, P.C. Concrete Paving, Street Lights 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, P.C. Concrete Paving, Street Lights and Incidentals Improvement District No. BN-18-K 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, P.C. Concrete Paving, Street Lights and Incidentals must be in writing and must be filed with the City Auditor's Office within 14 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-K:
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-K in the City of Fargo, North Dakota.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Contract for Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-18-A1 Approved:
Commissioner Grindberg moved approval of the Contract between the City of Fargo and CC Steel, LLC for Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-18-A1 in the City of Fargo, North Dakota.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Contract Bond for Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-18-A1 Approved:
Commissioner Grindberg moved approval of the following described Contract Bond as to sufficiency:
The Cincinnati Insurance Company, in the amount of $424,725.00, for Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-18-A1 in the City of Fargo, North Dakota.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Second Reading and Final Adoption of an Ordinance Amending Section 25-1506, 25-1507, 25-1508 and 25-1509.1 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages:
City Attorney Erik Johnson said this Ordinance is for the DCP-E License and the second reading has been placed on the Regular Agenda in the interest of making certain there was an opportunity for comment. He said there has been no further input since the first reading two weeks ago.
Commissioner Grindberg moved that an Ordinance Amending Section 25-1506, 25-1507, 25-1508 and 25-1509.1 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages which was placed on its first reading June 4, 2018, be now placed on its second reading and a vote taken on the question of its final passage and adoption.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Piepkorn and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.
There was consent to waive reading of the Ordinance in its entirety and no one was present to request that the Ordinance be read.
On the vote being taken on the question of the final passage and adoption of the Ordinance, Commissioners Grindberg, Strand, Piepkorn and Mahoney voted aye.
Commissioner Gehrig voted nay.
The Ordinance was duly passed and adopted.
Amendment to the 2017 Community Development Action Plan to Reflect a Change in Scope and Location of the Fraser Ltd. Project Approved (2726 18th Street South):
A Hearing had been set for this day and hour on an amendment to the 2017 Action Plan for Housing and Community Development to reflect a change in scope and location of the Fraser Ltd. project.
The Board received a communication from Planning Director Nicole Crutchfield asking for an amendment to its 2017 Community Development Action Plan to reflect a change in scope and location for CDBG funding awarded to Fraser Ltd. She said the proposed plan amendment would allow for the redirection of funds originally reserved for the transitional living program house, to instead support facility upgrades of an intermediate care facility, which provides housing to adults with developmental disabilities.
Commissioner Strand moved the 2017 Community Development Action Plan Amendment for the Fraser Ltd. Project be approved.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Piepkorn, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Annexation of Property Located in the Southeast Quarter in Section 11, Township 138 North, Range 49 West, Cass County, North Dakota (Golden Valley Addition): No Protests Received:
A Notice was published in the official newspaper for the City of Fargo, as required by law, on June 11, 2018, stating that a petition had been filed with the City of Fargo for annexation of a portion of property located in the Southeast Quarter of Section 11, Township 138 North, Range 49 West of the 5th Principal Meridian, Cass County, North Dakota containing 35.22 acres, more or less.
No protests have been filed with the City Auditor’s Office after publication of the Notice.
The Board determined that no person is present to protest or offer objection to the annexation petition.
Current Planning Coordinator Donald Kress said the annexation request is by the petition of the property owner and approval of the annexation is necessary prior to the plat and zoning change for Madelyn’s Meadows Addition, the next item on the agenda.
First Reading of an Ordinance 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:
Commissioner Grindberg moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived; and moved first reading of an Ordinance 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.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Parcels of Land in Madelyn’s Meadows Addition Rezoned (7269 25th Street South):
At a Hearing held on May 1, 2018 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to SR-4, Single Dwelling Residential; P/I, Public 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 outlined the area to be developed. He said there will be 40 residential lots on the east side, a center area that will remain zoned Agricultural intended for future development and lots on the west side to be zoned Public Institutional with a Conditional Overlay. Of the lots on the west side, he said, a lot will become property of the Fargo Park District, one is dedicated to the Southeast Cass Water Resource District for future drain work and one is for a city levee. He said there is an area for future development along a street to be rezoned and platted in the future; however, the connectivity is needed now for access.
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, Piepkorn, Strand 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 Madelyn’s Meadows 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 Madelyn’s Meadows 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, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Resolution Adopted Approving Madelyn’s Meadows 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 “Madelyn’s Meadows Addition” containing 45 Lots, 3 Blocks and 36.83 acres of land more or less, located at 7269 25th Street 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 June 4 and 11, 2018 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., June 18, 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 “Madelyn’s Meadows 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.
Second by Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye. and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
Hearing on the Special Assessment List for Water Main Replacement, Force Main Construction, Street Reconstruction Improvement District No. BR-16-B Continued to July 2, 2018:
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 Regular Meeting, the Hearing was continued to October 23, 2017.
At the October 23, 2017 Regular Meeting, the Hearing was continued to May 21, 2018.
At the May 21, 2018 Regular Meeting, the Hearing was continued to this day and hour.
Commissioner Strand moved the Hearing be continued to 5:15 o’clock p.m., Monday, July 2, 2018.
Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Piepkorn, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Hearing on Special Assessment List for Various Improvement Districts Continued to July 2, 2018:
A Hearing had been set for this day and hour on the special assessment list 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 at 1% per annum over the net rate on bonds financing said projects:
Drain 10 Channel Repairs Improvement District No. 6237.
P.C. Concrete Alley Paving Improvement District No. AN-16-A.
P.C. Concrete Alley Paving Improvement District No. AN-16-B.
P.C. Concrete Alley Paving Improvement District No. AN-16-C.
P.C. Concrete Alley Paving Improvement District No. AN-16-E.
Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Paving, Street Lights Improvement District No. BN-15-K.
Sanitary Sewer, Water Main, Storm Sewer, Concrete Paving, Street Lights Improvement District No. BN-15-N.
Sanitary Sewer, Water Main, Storm Sewer, Grading, Paving, Street Lights Improvement District No. BN-16-E.
Water Main, Storm Sewer, P.C. Concrete Paving, Street Lights Improvement District No. BN-16-F.
Sanitary Sewer, Storm Sewer, Paving, Street Lights Improvement District No. BN-16-L.
Water Main Replacement, Street Reconstruction Improvement District
No. BR-15-A.
P.C. Concrete Pavement, Concrete Curb and Gutter, Asphalt Pavement Improvement District No. PN-14-7.
Concrete Curb and Gutter, Asphalt Pavement, Street Lights Improvement District No. PN-15-E.
P.C. Concrete Pavement, Concrete Curb and Gutter, Asphalt Pavement Improvement District No. PN-15-L.
Concrete Curb and Gutter, Asphalt Pavement, Street Lights Improvement District No. PN-15-M.
Concrete Curb and Gutter, Asphalt Pavement, Street Lights Improvement District No. PN-15-N.
Grading, P.C.C. Pavement, Storm Sewer, Traffic Signals, Street Lights, Sidewalks Improvement District No. PR-14-0.
Traffic Signals Improvement District No. TN-16-B.
Traffic Signals Improvement District No. TN-16-E.
Sanitary Sewer, Water Main, Storm Sewer Improvement District No. UN-15-M.
Sanitary Sewer, Water Main, Storm Sewer Improvement District No. UN-15-N.
Water Main Replacement Improvement District No. UR-16-A.
Division Engineer Brenda Derrig said she is requesting action on the special assessment list associated with the projects be delayed until July 2, 2018 to complete the reassessment of the projects created since adoption of the 2016 Infrastructure Funding Policy on November 23, 2015 and the interim approval of the 2013 Infrastructure Funding Policy on May 21, 2018. During that time, she said, 136 projects were created with 38 of those affected by the change in policy. Of those 38, she said, four have been approved by the City Commission and property owners are already making payments on the special assessments; five are complete and ready to be bonded in July 2018; 17 are complete and will be bonded later in 2018 or in 2019 and 12 are still under construction. She said an evaluation of all 38 projects needs to be completed prior to the discussions on funding options. Notices have already been sent out to property owners about this Hearing, she said, and while she would like action delayed, property owners could now be given an opportunity to be heard.
Mayor Mahoney said the Commissioners have heard individually from property owners on Broadway who are pleased their assessments will be reduced.
Ivan Sauvageau, 2314 Broadway, thanked the Commissioners for listening to the concerns of the property owners.
Commissioner Strand acknowledged the role Mr. Sauvageau had in reaching out early in the process and thanked him for educating everyone on the impacts and heightening understanding and action.
Commissioner Gehrig said when looking at the impact in dollars, he would request the 1% rate be compared to a reduction to a 1/2% or something different.
Mayor Mahoney said the Committee will meet and discuss specials; however, the 1% is not insignificant and he would not want to change it for just one item without looking into it in full detail. There are financial consequences in changing the infrastructure funding, he said, and with more cost for the City, revenue has to be found somewhere. The State of Minnesota goes up to 3.5%, he said, and he knows of no City in North Dakota at less than 1.5%. It would need to be studied in detail to see what risk it could put the City at, he said, and Commissioners could think about it; however, he feels there needs to be further discussion.
Commissioner Grindberg moved action on the special assessment list for the construction of the above listed Improvement Districts be continued to 5:15 p.m., Monday, July 2, 2018.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Monday, July 2, 2018.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment 5:29 o’clock p.m.