Board of City Commissioners - March 26, 2018 Minutes

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Room at City Hall at 5:00 o'clock p.m., Monday, March 26, 2018.
The Commissioners present or absent were as shown following:
Present: Gehrig (via conference call), Grindberg, Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a statement with the following information: Fargo Cass Public Health will celebrate National Public Health Week April 2nd through April 8th; five Library staff members attended the Public Library Association Conference in Philadelphia, the Library is hosting a variety of programs and will host a Favorite Poem Reading event for National Poetry Month; the Planning Department reports that the Fargo metro area grew by 3,873 people between 2016 and 2017 and has an estimated population of 241,356; the MATBUS iGoEco Challenge is underway with more than 200 participants so far; and Vice President Mike Pence will be in Fargo tomorrow.

Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved moving Item No. “7” from the Consent Agenda to the end of the Regular Agenda.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on March 12, 2018 be approved as read.
Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.

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

1. 2nd reading of the following Ordinances; 1st reading, 3/12/18:
a. Amending Section 25-1509, of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages.
b. Amending Section 18-0202, of Article 18-02 of Chapter 18 of the Fargo Municipal Code Relating to Public Ways and Places.
c. Rezoning Certain Parcels of Land Lying in Timber Creek Seventh Addition to the City of Fargo, Cass County, North Dakota
d. Repealing and Re-Establishing a Conditional Overlay District on Certain Parcels of Land Lying in PTP Addition, City of Fargo, Cass County, North Dakota.
e. Rezoning Certain Parcels of Land Lying in Grayland First Addition to the City of Fargo, Cass County, North Dakota.

2. QuitClaim Deed and Release of Deed Restriction with Integra Property Group, LLC, and Release of Lien and Agreement Not to Sell or Encumber Real Property for the Nokomis I Property and Release of Lien and Agreement Not to Sell or Encumber Real Property for the Nokomis II Property.

3. Receive and file General Fund – Budget to Actual through February 28, 2018 (unaudited).

4. Applications for Games of Chance:
a. Fargo Metro Baseball Association for a raffle on 6/1/18.
b. Homeward Animal Shelter for a raffle on 4/12/18.
c. Knights of Columbus #6570 for a calendar raffle from 5/1/18 to 5/31/18.

5. Contract Agreement with Courts Plus to provide a breastfeeding friendly environment for their employees.

6. Third Amendment to Parking Management Agreement with Interstate Parking Company of North Dakota LLC.

7. Loan from the Utility Fund in the amount of $450,000.00 to the Parking Repair and Replacement Fund to make necessary repairs to the Civic Center Ramp (moved to the Regular Agenda).

8. Agreement with Willard Yellow Bird to provide Planner services and duties until 8/1/18.

9. Transfer of City asset 11424, unit 1224 from Transit Department to the Fargo Police Department effective immediately.

10. Amendment No. 2 to Agreement with First Transit.

11. License Agreement for Emergency Siren with the Park District.

12. Change Orders for the City Hall Project:
a. No. 19 for an increase of $26,725.00 for the general contract.
b. No. 20 for an increase of $8,794.00 for the general contract.

13. Extension of Lease 2018-2022 Farm Season with Evan Holmen for property in Barnes Township.

14. Purchase of one used asphalt recycler from Pavement Technologies International Corp. in the total amount of $62,995.00.

15. Contracts and bonds for Project Nos. SR-18-A1, TM-18-A1 and WA1752.

16. Bills in the amount of $3,686,352.58.

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

Negative Final Balancing Change Order No. 1 for Improvement District No. AN-17-A1 Approved:
Commissioner Grindberg moved approval of Negative Final Balancing Change Order No. 1 in the amount of -$834.23 for Improvement District No. AN-17-A1.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Change Order No. 2 for Improvement District No. TR-17-A1 Approved:
Commissioner Grindberg moved approval of Change Order No. 2 for an increase of $26,752.50 for Improvement District No. TR-17-A1.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Contract Amendment No. 2 for Improvement District No. MS-17-A0 Approved:
Commissioner Grindberg moved approval of Contract Amendment No. 2 for an increase of $11,114.00 for Improvement District No. MS-17-A0.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Removal of Improvement District No. BR-18-K1 from the 2018 CIP and Revision of the Scope of Improvement District No. BR-18-F1 Approved:
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) stating the Committee reviewed correspondence from Division Engineer Tom Knakmuhs regarding changes to the 2018 CIP. They said Improvement District No. BR-18-K1 was previously approved; however, it has been identified that the project would have major impacts to Elim Lutheran Church. Because of these impacts, they said, Elim Lutheran Church has requested that delaying the project until 2019 be considered. They said revisions to Improvement District No. BR-18-F1, decreasing the scope to only reconstruct from 4th Avenue North to 2nd Avenue North and adding a small project on a portion of 5th Street North, is recommended by staff.

Commissioner Grindberg moved the removal of Improvement District No. BR-18-K1 from the 2018 CIP and the revision of the scope of Improvement District No. BR-18-F1 be approved.

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

Exclusion of an Incentive for Improvement District Nos. BR-18-G1 and BR-18-G2 Approved:
The Board received a communication from the Public Works Project Evaluation Committee (PWPEC) regarding a recommendation from Project Manager Rick Larson regarding incentives/disincentives for Improvement District Nos. BR-18-G1
and BR-18-G2. They said because both projects are on 4th Street, staff is recommending that an incentive not be included due to each project having different start and completion dates. They said penalties will be associated with how long each intersection may be closed, as well as a completion date that will be subject to liquidated damages per the contract.

Commissioner Grindberg moved the exclusion of an incentive for Improvement District Nos. BR-18-G1 and BR-18-G2 be approved.

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

Grade Crossing Construction and Maintenance Agreement, and Easement Agreement with BNSF Railway Company Approved (Improvement District
No. BN-17-A2):
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) stating they reviewed a communication from Traffic Division Engineer Jeremy Gorden regarding approval of three agreements from BNSF for relocation of the 19th Avenue North crossing.

Commissioner Grindberg moved the Grade Crossing Construction and Maintenance Agreement and the Easement Agreement with BNSF Railway Company be approved.

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

Two Storm Sewer and Street Light Permits and the Crossing Surface Installation Agreement with BNSF Railway Company Approved (Improvement District BR-18-E1):
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) stating they reviewed a communication from Project Manager Roger Kluck regarding an agreement with BNSF to replace crossing pads to accommodate a new roadway and to widen the crossing for the sidewalk. They said two additional permits for streetlights and storm sewer were also requested with the cost of each permit being $3,700.00. BNSF is requesting reimbursement of $131,812.00 to complete the crossing pad work, they said, bringing the total payment to $139,212.00.

Commissioner Grindberg moved the two permits for storm sewer and street lights and the Crossing Surface Installation Agreement with payment to BNSF in the amount of $139,212.00 for Improvement District No. BR-18-E1 be approved.

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

No Protests Received for Storm Sewer, P.C. Concrete Paving and Incidentals Improvement District No. BN-18-G1:
The Statutory Resolution of Necessity for the construction of Storm Sewer, P.C. Concrete Paving and Incidentals Improvement District No. BN-18-G1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on February 19 and 26, 2018 and no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Grindberg moved that the Board declare that no protests have been filed to the construction of Storm Sewer, P.C. Concrete Paving and Incidentals Improvement District No. BN-18-G1.

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

Bids Received for Storm Sewer, P.C. Concrete Paving and Incidentals Improvement District No. BN-18-G1:
The bids for Storm Sewer, P.C. Concrete Paving and Incidentals Improvement District No. BN-18-G1 in the City of Fargo, North Dakota were opened at
11:30 o'clock a.m., March 21, 2018 and the bids were found to be as follows:

Dakota Underground Company Fargo, ND
Bid: $2,151,638.10

Border States Paving, Inc. Fargo, ND
Bid: $2,156,067.23

Master Construction Company, Inc. Fargo, ND
Bid: $2,181,634.75

Northern Improvement Company Fargo, ND
Bid: $2,186,849.28

KPH, Inc. Kindred, ND
Bid: $2,324,257.50

Powder River Construction, Inc. Gillette, WY
Bid: $2,444,994.20

Sellin Brothers, Inc. Hawley, MN
Bid: $2,778,953.55

Contract for Storm Sewer, P.C. Concrete Paving and Incidentals Improvement District No. BN-18-G1 Awarded to Dakota Underground Company, Inc. in the Amount of $2,151,638.10:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Storm Sewer, P.C. Concrete Paving and Incidentals Improvement District No. BN-18-G1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received March 21, 2018 for Storm Sewer, P.C. Concrete Paving and Incidentals Improvement District No. BN-18-G1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Storm Sewer, P.C. Concrete Paving and Incidentals Improvement District No. BN-18-G1 shows the bid of Dakota Underground Company, Inc. of Fargo, North Dakota, in the sum of $2,151,638.10 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Dakota Underground Company, Inc. in the sum of $2,151,638.10 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Storm Sewer, P.C. Concrete Paving and Incidentals Improvement District No. BN-18-G1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dakota Underground Company, Inc. for the sum of $2,151,638.10, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

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

No Protests Received for Bison Meadows Levee and Pond Project Improvement District No. FM-17-C1:
The Statutory Resolution of Necessity for the construction of Bison Meadows Levee and Pond Project Improvement District No. FM-17-C1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on February 19 and 26, 2018 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Grindberg moved that the Board declare that no protests have been filed to the construction of Bison Meadows Levee and Pond Project Improvement District No. FM-17-C1.

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

Bids Received for Bison Meadows Levee and Pond Project Improvement District No. FM-17-C1:
The bids for Bison Meadows Levee and Pond Project Improvement District
No. FM-17-C1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., March 21, 2018 and the bids were found to be as follows:

KPH, Inc. Kindred, ND
Bid: $1,070,655.00

R.J. Zavoral and Sons, Inc. East Grand Forks, MN
Bid: $1,196,738.00

R.L. Larson Excavating, Inc. St. Cloud, MN
Bid: $1,361,357.00

Excavating, Inc. West Fargo, ND
Bid: $1,379,258.60

Industrial Builders, Inc. Fargo, ND
Bid: $1,489,660.00

Griffin Construction Company, Inc. Chatfield, MN
Bid: $1,561,504.50

Quam Construction Company, Inc. Willmar, MN
Bid: $1,913,210.00

Sellin Brothers, Inc. Hawley, MN
Bid: $1,970,727.00

Park Construction Company Minneapolis, MN
Bid: $2,395,082.00

Central Specialties, Inc. Alexandria, MN
Bid: $2,472,911.50

Contract for Bison Meadows Levee and Pond Project Improvement District No. FM-17-C1 Awarded to KPH, Inc. in the Amount of $1,070,655.00:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Bison Meadows Levee and Pond Project Improvement District No. FM-17-C1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received March 21, 2018 for Bison Meadows Levee and Pond Project Improvement District No. FM-17-C1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Bison Meadows Levee and Pond Project Improvement District No. FM-17-C1 shows the bid of KPH, Inc. of Kindred, North Dakota, in the sum of $1,070,655.00 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from KPH, Inc. in the sum of $1,070,655.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Bison Meadows Levee and Pond Project Improvement District No. FM-17-C1 in the City of Fargo, North Dakota, be and the same is hereby awarded to KPH, Inc. for the sum of $1,070,655.00, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

Contract for Street Rehabilitation and Incidentals Project No. PR-18-A1 Awarded to Asphalt Surface Technologies Corporation:
The Board received a communication from Division Engineer Tom Knakmuhs recommending the contract for Project No. PR-18-A1 be awarded to Asphalt Surface Technologies Corporation in the amount of $62,610.00.
Commissioner Grindberg moved the contract for Street Rehabilitation and Incidentals Project No. PR-18-A1 be awarded as recommended.

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

No Protests Received for Seal Coat and Incidentals Improvement District No. PR-18-E1:
The Statutory Resolution of Necessity for the construction of Seal Coat and Incidentals Improvement District No. PR-18-E1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on February 19 and 26, 2018 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Grindberg moved that the Board declare that no protests have been filed to the construction of Seal Coat and Incidentals Improvement District No. PR-18-E1.

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

Bids Received for Seal Coat and Incidentals Improvement District No. PR-18-E1:
The bids for Seal Coat and Incidentals Improvement District No. PR-18-E1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., March 21, 2018 and the bids were found to be as follows:

Asphalt Surface Technologies Corporation St. Cloud, MN
Bid: $952,007.90

Contract for Seal Coat and Incidentals Improvement District No. PR-18-E1 Awarded to Asphalt Surface Technologies Corporation in the Amount of $952,007.90:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Seal Coat and Incidentals Improvement District No. PR-18-E1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received March 21, 2018 for Seal Coat and Incidentals Improvement District No. PR-18-E1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Seal Coat and Incidentals Improvement District No. PR-18-E1 shows the bid of Asphalt Surface Technologies Corporation of St. Cloud, Minnesota, in the sum of $952,007.90 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Asphalt Surface Technologies Corporation in the sum of $952,007.90 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Seal Coat and Incidentals Improvement District No. PR-18-E1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Asphalt Surface Technologies Corporation for the sum of $952,007.90, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-G (Various Locations in South Fargo):
Commissioner Grindberg moved the following action be taken in connection with Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-G:

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

On 4th Street South from 2nd Street South to 13th Avenue South.
On 10th Avenue South from 4th Street South to the east.
On 11th Avenue South from 4th Street South to the east.
COMPRISING:
Lots 1 thru 12, inclusive, Block 23.
Lots 1 thru 12, inclusive, Block 34.
All in Original Townsite.

Lots 1 thru 12, inclusive, Block 35.
Lots 1 thru 3, inclusive, Block 44.
All in Northern Pacific Addition.

Fred C. Hagen Addition

Lot 1, inclusive, Block 1.
All in St. John’s Addition.

Lots 1 thru 22, inclusive, Block G.
Lots 1 thru 26, inclusive, Block H.
All of Block Tt.
Lots 1 thru 12, inclusive, Block I.
Lots 1 thru 24, inclusive, Block K.
Lots 1 thru 24, inclusive, Block L.
Lots 1 thru 24, inclusive, Block U.
Lots 1 thru 24, inclusive, Block V.
Lots 1 thru 12, inclusive, Block W.
All in Charles A. Roberts’ Addition.

Lots 1 thru 12, inclusive, Block X.
Lots 1 thru 24, inclusive, Block Y.
Lots 1 thru 24, inclusive, Block Z.
Lots 1 thru 12, inclusive, Block LL.
Lots 1 thru 24, inclusive, Block KK.
Lots 1 thru 24, inclusive, Block II.
Lots 1 thru 24, inclusive, Block OO.
Lots 1 thru 24, inclusive, Block NN.
Lots 1 thru 12, inclusive, Block MM.
All in Erskine’s Addition.

Lots 1 thru 16, inclusive, Block 1.
Lots 1 thru 10 and Lots 15 thru 26, inclusive, Block 2.
Lots 1 thru 17, inclusive, Block 3.
Lots 1 thru 26, inclusive, Block 4.
Lots 1 thru 18, inclusive, Block 5.
Lots 1 thru 18, inclusive, Block 6.
Lots 1 thru 15, inclusive, Block 7.
Lots 1 thru 18, inclusive, Block 8.
Lots 1 thru 10, inclusive, Block 9.
Lots 1 thru 8, inclusive, Block 10.
All in Woodruff’s Addition.

Lots A thru H, inclusive, Block 2 of Woodruff’s Addition.
All in Rupert’s Subdivision.

Lots 1 thru 6, inclusive, Block 2 of Woodruff’s Addition.
All in Loomis Subdivision.

Lots 1 thru 8, inclusive, Block 1.
Lots 1 thru 24, inclusive, Block 2.
Lots 1 thru 22, inclusive, Block 3.
Lots 1 thru 8, inclusive, Block 4.
All in Island Park Addition.

All of the unplatted land laying in the north half of Section 7, Township 139, Range 48, bound on the north by 2nd Avenue South, bound on the south by 6th Avenue South, bound on the west by 8th Street South, and bound on the east by the Red River of the North.

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

NOW, THEREFORE, BE IT RESOLVED, That Water Main Replacement, Street Reconstruction and Incidentals Improvement District No. BR-18-G in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost from the City Engineer for Improvement District No. BR-18-G:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BR-18-G in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $3,656,153.00.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BR-18-G:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BR-18-G in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. BR-18-G in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Water Main Replacement, Street Reconstruction and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Water Main Replacement, Street Reconstruction and Incidentals Improvement District
No. BR-18-G in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said Water Main Replacement, Street Reconstruction and Incidentals improvement is to be paid from Infrastructure Sales Tax, and approximately 65% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Water Main Replacement, Street Reconstruction and Incidentals must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

Direct City Auditor's Office to Call for Bids for Improvement District No. BR-18-G:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BR-18-G in the City of Fargo, North Dakota.

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

Flood Mitigation, Street Reconstruction and Incidentals Improvement District No. FM-14-8 (2nd Street South from Main Avenue to 4th Street South):
Commissioner Grindberg moved the following action be taken in connection with Flood Mitigation, Street Reconstruction and Incidentals Improvement District
No. FM-14-8:

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

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

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

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

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

Adopt Resolution Declaring Flood Mitigation, Street Reconstruction and Incidentals Improvement District No. FM-14-8 Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Flood Mitigation, Street Reconstruction and Incidentals Improvement District
No. FM-14-8 in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said Flood Mitigation, Street Reconstruction and Incidentals Improvement District No. FM-14-8 is to be paid from Infrastructure Sales Tax and approximately 50% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Flood Mitigation, Street Reconstruction and Incidentals Improvement District No. FM-14-8 must be in writing and must be filed with the City Auditor's Office within 21 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.

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

Contract for Grading, P.C.C. Pavement, Storm Sewer, Watermain, Traffic Signals, Street Lighting, Sidewalks and Incidentals Improvement District No. BR-18-C1 Approved:
Commissioner Grindberg moved approval of the Contract between the City of Fargo and Master Construction Company, Inc. for Grading, P.C.C. Pavement, Storm Sewer, Watermain, Traffic Signals, Street Lighting, Sidewalks and Incidentals Improvement District No. BR-18-C1 in the City of Fargo, North Dakota.

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

Contract Bond for Grading, P.C.C. Pavement, Storm Sewer, Watermain, Traffic Signals, Street Lighting, Sidewalks and Incidentals Improvement District No. BR-18-C1 Approved:
Commissioner Grindberg moved approval of the following described Contract Bond as to sufficiency:
Master Construction Company, Inc., in the amount of $8,800,573.25, for Grading, P.C.C. Pavement, Storm Sewer, Watermain, Traffic Signals, Street Lighting, Sidewalks and Incidentals Improvement District No. BR-18-C1 in the City of Fargo, North Dakota.

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

Fargo Police Department Update:
Police Chief David Todd briefed the Board on recent officer involved shooting incidents in the area. He said he has shared publicly what he can and, of the four recent incidents, only one is within his jurisdiction. Investigations continue, he said, and include internal reviews to be certain rules were followed and to see if any deficiencies need correcting. An outside agency comes in to investigate use of force, he said, which usually takes 4 to 6 weeks. Initially, officers involved are placed on administrative leave, he said, and at the same time, the department tries to find ways to help officers cope.

Commissioner Strand commended the Police Department for keeping the community safe. He said he finds it a travesty that people cannot get the help they need for issues such as addiction and mental health. He said this may not have happened if services were in place to address issues extemporaneously when they unfold. There are gaps in services, he said, and individuals and families often do not know where to turn for help. He said the issues of addiction, intervention, treatment and education need to be addressed.

Chief Todd agreed there are gaps in the system for people who need mental health treatment. He shared a PowerPoint presentation outlining the Police Department’s 2017 Annual Report, which is available online. There were almost 107,000 calls for service last year, he said, equating to about 292 calls per day, 162 of which came through dispatch and 130 per day were officer initiated. He said the plan in place to increase staff has allowed the department to catch up as far as officer initiated activity. Part I crimes are the more serious category, which are down somewhat, he said, and Part II are more quality of life type issues which are driving the increase. Officers actively looking for things such as DUIs and suspicious activity are leading the officer initiated activities, he said, which are leading to investigations and leading to arrests. Also, he said, addiction driven behavior and career criminals are driving calls and activity. He said there are career criminals who are not getting effective sentencing and continue to repeat crimes. One example, he said, is an individual who had 50 cases in 2017, which were finally consolidated. He said the hope was for that individual to serve 3 to 4 years; however, unfortunately the criminal was sentenced to only 18 months, is doing time in the county jail and will likely be out in 6 to 7 months.

Hearing on Application to Transfer a Class “A” Alcoholic Beverage License from Classic Foods, LTD d/b/a Ground Round Restaurant to FSB Associates, LLC d/b/a Cowboy Jack’s Continued to April 9, 2018:
A Hearing had been set for February 26, 2018 on an application to transfer the Class "A" Alcoholic Beverage License from Classic Foods, LTD d/b/a Ground Round Restaurant to FSB Associates, LLC d/b/a Cowboy Jack’s at 506 Broadway North.
At the February 26, 2018 Regular Meeting, the Hearing was continued to this date and hour; however, City Auditor Steve Sprague asked that the Hearing be continued to April 9, 2018 due to the fact that the March 21, 2018 Liquor Control Board meeting had to be rescheduled.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on Monday, April 9, 2018.

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.

Hearing on Application to Transfer a Class “B” Alcoholic Beverage License from Main Liquors Inc. d/b/a Main Liquors to Dakota Liquors, LLC d/b/a Main Liquors Continued to April 9, 2018:
A Hearing had been set for this day and hour on an application to transfer the Class “B” Alcoholic Beverage License from Main Liquors Inc. d/b/a Main Liquors to Dakota Liquors, LLC d/b/a Main Liquors at 4000 Main Avenue.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on Monday, April 9, 2018.

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.

Hearing on Application to Transfer a Class “FA” Alcoholic Beverage License from B.A.B. 32nd Avenue South, LLC d/b/a Moe’s Southwest Grill to HRP, Fargo LLC d/b/a The Tavern Grill Continued to April 9, 2018:
A Hearing had been set for this day and hour on an application to transfer a Class “FA” Alcoholic Beverage License from B.A.B. 32nd Avenue South, LLC d/b/a Moe’s Southwest Grill to HRP, Fargo LLC d/b/a The Tavern Grill at 3233 45th Street South.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m., on Monday, April 9, 2018.

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.

Hearing on Application to Transfer a Class “FA-RZ” Alcoholic Beverage License from Mosaic Foods, LLC d/b/a Mezzaluna to Snelling Hospitality, LLC d/b/a Mezzaluna Continued to April 9, 2018:
A Hearing had been set for this day and hour on an application to transfer a Class “FA-RZ” Alcoholic Beverage License from Mosaic Foods, LLC d/b/a Mezzaluna to Snelling Hospitality, LLC d/b/a Mezzaluna at 309 Roberts Street North.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m., on Monday, April 9, 2018.

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.

Parcels of Land in Diamond Willow Addition Rezoned and a Planned Unit Development Overlay and Planned Unit Master Land Use Plan Approved (622 and 624 10th Avenue North):
At a Hearing held on November 7, 2017 the Fargo Planning Commission recommended approval of a change in zoning from MR-3, Multi-Dwelling Residential to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development Overlay and PUD Master Land Use Plan in Diamond Willow 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 project was first heard at the September 5, 2017 Planning Commission meeting. At that meeting, he said, the project was continued to the October 3, 2017 Planning Commission meeting to allow the applicant time to redesign the project based on recommendations of staff and comments from the public. At the October 3rd meeting, he said, staff and the applicant updated the Planning Commission on continuing revisions and requested the project be continued to the November 7th Planning Commission meeting. The applicant, he said, intends to build an attached home development with two groups of three units. He said one group will face 7th Street North and one group will face 10th Avenue North. He said the underlying zoning is not changing; the zone change process is included due to the PUD Overlay and PUD Master Land Use Plan, which modifies the front, rear and street side setbacks. He said the applicant is also using the alternative residential development options for attached housing, which allows more compact housing development standards. He said the plat will create six lots in one block, smaller than the minimum area for the MR-3, Multi-Dwelling Residential zone; however, allowed by the alternative development standards. Each lot will have its own alley and utility connection to the public street, he said.

In response to a question from Commissioner Piepkorn regarding the two “no” votes at the Planning Commission level, Mr. Kress said there were concerns about driveway locations, short setbacks, fitting in with historic homes and boulevard tree preservation. He said since there is a PUD Planned Unit Master Use Plan, there will be one more plan review by the Planning Commission.

Commissioner Strand said neighborhood issues and concerns need to be heard. He said neighborhoods are deteriorating and it is disappointing to see big apartment complexes in the middle of blocks next to little houses.

In response to a question from Commissioner Strand on the density of this project, Nathan Anderson of Vanderson Properties said the original plan with seven units would have worked out best; however, with extensive input from Roosevelt Neighborhood Association seeking smaller density, he worked to find common ground where it makes sense to do the project and keeping neighborhood desires in mind. He said the units are individually metered, designed for individual families and can be sold individually.

Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning, PUD, Planned Unit Development Overlay, with an update to approve the access location on a street other than a collector, and PUD Master Land Use Plan have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Piepkorn, Gehrig and Mahoney voted aye.
Commissioner Strand voted nay.
The Resolution was adopted.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Diamond Willow Addition, a Replat of Portions of Douglas 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 Diamond Willow Addition, a Replat of Portions of Douglas Addition, Fargo, Cass County, North Dakota be placed on first reading.

Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig and Mahoney voted aye.
Commissioner Strand voted nay.
The motion was declared carried.

Resolution Adopted Approving Diamond Willow 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 “Diamond Willow Addition” containing 6 Lots, 1 Block and 0.27 acres of land more or less, located at 622 and 624 10th Avenue North; and
WHEREAS, A Hearing was held November 7, 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 March 12 and 19, 2018 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., March 26, 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 “Diamond Willow Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Resolution Adopted Approving Fox First Addition (4900 19th Avenue North, and 1870 and 1890 Sheyenne Loop North):
A Hearing had been set for this day and hour to consider approval or denial of an application requesting a Plat of Fox First Addition, which is a replat of Lot 1, 2, 3, Block 1, Northern Sheyenne Land 2nd Addition into a seven lot, one block subdivision, including the dedication of a cul de sac street. The Fargo Planning Commission at their Regular Meeting on July 6, 2017 recommended approval of the above-described application.

Director of Strategic Planning and Research Jim Gilmour advised the Board that the project is a subdivision within an existing TIF District created for the Horse Park redevelopment years ago and this is a subdivision. He said it was set up to pay for infrastructure that was extended to serve the Horse Park and this industrial development. He said as TIF revenue comes in, it is used to pay towards special assessments.

In response to a question from Commissioner Gehrig about whether this applicant will be paying specials and TIF dollars will go to fund infrastructure, Mr. Gilmour said this applicant will pay special assessments for those improvements, as well as property taxes that will go into a TIF fund used to pay the City for previously installed infrastructure, primarily the Horse Park. The applicant’s specials would be the same whether this was within a TIF or not, he said.

Commissioner Gehrig said this individual will pay taxes, as the rest of the City does, and it will go to benefit someone else directly, which is what a TIF does. He said this is an unfair practice.

In response to a question from Commissioner Strand about whether the developer is aware of the special assessments affecting that region, Special Assessment Coordinator Dan Eberhardt said there are preliminary estimates set up and the applicant is aware of the specials.

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 “Fox First Addition” containing 5 Lots, 1 Block and 11.48 acres of land more or less, located at 4900 19th Avenue North, and 1870 and 1890 Sheyenne Loop North; and
WHEREAS, A Hearing was held July 6, 2017 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on March 12 and 19, 2018 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., March 26, 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 “Fox First 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 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.

Request for Tax Increment Financing for a Project at 11 12th Street North Referred to Appropriate Staff for Review:
The Board received a communication from Director of Strategic Planning and Research Jim Gilmour stating the City has received a request for Tax Increment Financing (TIF) on a proposed project at 11 12th Street North. He said the existing TIF policy is in the process of being revised and knowing new policy will not be adopted by the end of May in time for closing, existing policy would be used. He said the proposed project would be to first demolish the buildings on the property and later redevelopment that could be valued at $20 million. He said the current value of the site is $2.72 million and there are currently 89 apartments in a deteriorated building on the site. He said there are many blighted conditions on the site so the TIF program may be appropriate for the redevelopment. He said the TIF policy calls for the City Commission to review the request to determine if staff should proceed to work with the developer on a renewal plan. He said Xcel will be addressing what the property will be and for now, the property is being cleaned up to be sold to another developer.

Xcel Energy North Dakota Principal Manager Mark Nisbet said Xcel Energy is asking for consideration of a request for a project to clear and prepare the Heartland Apartments Property for redevelopment. He said this particular application seeks
$2 million in TIF eligible funds to clear and prepare the property including demolishing the buildings, removing below ground structures and making other improvements to utilities in the area including underground electric lines. He said the property is in a prime location for redevelopment. He said there are two plans, both have been approved by the North Dakota Department of Health, one at the level of just cleaning and digging what can be accessed, and the second to demolish the building, clean the whole property and make it suitable for redevelopment.

In response to a question from Commissioner Strand on the ownership of the property, Xcel Energy Assistant General Counsel Kristen Carmen said closing with Heartland Property is set for the end of May. Further options can be discussed with staff, she said, TIF assistance is being sought and the hope is for a decision prior to closing on the transaction.

Commissioner Strand said his support would be contingent on working towards the greater public good with this investment from the public. He said if this includes affordable housing or other public access, he would want the Board to champion that. He said whether those components were there could be decided later.

Commissioner Piepkorn said this being low rent now does not mean people should be living there in its current condition. This is the initial step, he said, and this will still go through the Tax Review Exempt Committee.

In response to a question from Commissioner Gehrig about why it is not supported by current policy, Mr. Gilmour said he believes it is consistent with policy; however, about a year ago the Board wanted to delay action on any TIFs until the new policy is done. The existing policy deals with areas outside of Downtown, he said, and there is not a current policy within Downtown. He said how the TIF would be structured is that Xcel would spend the $2 million to do the cleanup and the City would not put money up front for that. He said Xcel would only recover its money if there is a development down the road and if it does pay property taxes, so the risk is really with Xcel and whatever future developer may develop the property.

Commissioner Gehrig said there is a risk to the public, due to the fact that if they do go forward with development, the loan of $2 million goes against the General Fund. He said this is prime real estate and development will happen there. There have been instances where massive buildings or blocks have been cleared for development, he said, and this is not for the better of Fargo residents; it is for the better of a business, which is fine; however, they should pay for that. He said it is not the role of government to decide what should go there.

Commissioner Piepkorn moved appropriate staff be directed to submit the proposal to the City’s financial advisors to review, to prepare a renewal plan and draft a development agreement for the redevelopment of property for a project at 11 12th Street North.

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.

Request to Continue TapRide Service at North Dakota State University in Place of Route 35 for the Fall Semester Approved:
Assistant Transit Director Matthew Peterson said he would like to request that TapRide, a new on-demand service on the NDSU campus, be continued for the fall semester. He stated TapRide launched on January 8, 2018 as a pilot program to replace the evening Route 35 to provide students on the NDSU campus a safe ride. TapRide is completing an average of 13 rides per hour, he said, and has shown a need for service to areas Route 35 was unable to accommodate. He shared heat maps of pickup and drop-offs showing significant ridership at the NDSU Transit Hub and the apartment complexes south of 12th Avenue North, which, he said, were not serviced by Route 35. He said the service has been extended to 11:10 p.m. He would like to go forward with negotiations with NDSU to continue the service for the fall semester, he said. This is an on-demand ride service, similar to Uber and Lyft, he said, that students access on their smartphones and the computer does the routing for the driver. The cost to operate Route 35 was more than $6.00 a vehicle mile, he said, and the cost for TapRide, which uses a smaller vehicle, is about half that amount.

Commissioner Gehrig said he feels City government is interfering with the market and NDSU could partner with Uber or Lyft to do the exact same thing.

Commissioner Piepkorn moved the request to continue the TapRide service in place of Route 35 for the fall semester with the approval of NDSU be approved.

Second by Strand. On call of the roll Commissioners Piepkorn, Strand, Grindberg and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.

Erik Lind Appointed to the Airport Authority:
The Board received a communication from Mayor Mahoney recommending that Erik Lind be appointed to the Airport Authority to replace Don Kilander whose term will expire April 8, 2018.
Commissioner Piepkorn moved Erik Lind be appointed to the Airport Authority for a five-year term ending April 8, 2023.

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

Appointments to the Library Board:
The Board received a communication from Mayor Mahoney recommending that Mary Batcheller and Carrie Peterson be appointed to the Library Board to replace Helen Levitt who moved out of the area, and Howard Barlow who resigned. He said their terms would have expired June 30, 2018.
Commissioner Piepkorn moved Mary Batcheller and Carrie Peterson be appointed to the Library Board for three-year terms ending June 30, 2021.

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

Board of Equalization to Meet at 7:30 a.m. on Tuesday April 10, 2018:
Commissioner Grindberg moved the Board of Equalization meet at 7:30 o’clock a.m. on Tuesday, April 10, 2018.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Loan from the Utility Fund to the Parking Repair and Replacement Fund to Make Necessary Repairs to the Civic Center Ramp Approved (Moved from the Consent Agenda):
Director of Strategic Planning and Research Jim Gilmour said the need for about $450,000.00 in repairs have been identified for the Civic Center ramp, attached to the Radisson. He said he is proposing doing a loan from City funds rather than issuing bonds, and Finance Director Kent Costin and the Finance Committee recommend the Utility Fund. He said it would be spent this year and paid back between 2019 and 2021.

Commissioner Gehrig said Fargo residents were asked to raise utility rates in 2018 because apparently there was not enough money and now it is proposed to make a loan from that same utility fund for something different. He said it looks to him like the utility rate increase was not needed and he feels the City should not be paying for parking ramps.

Mayor Mahoney said the utility rates are not connected to this loan and this will save the City money.

Mr. Costin said these funds have a fund balance maintained for long-term sustainability of the programs and as a result there is cash there which the Finance Department manages though the investment portfolio. Right now, he said, the rates range from 1% to 1.5% and this is being looked at as an investment opportunity as well as simplification of an issue to be dealt with. It is not a net loss to the Utility fund because interest will be paid, he said, plus it will be a short amortization. He said interfund loans in reasonable amounts are done to defray financing expenses from an external resource. This is designed for an interest-bearing repayment schedule, he stated.

In response to a question from Commissioner Piepkorn about the benefit of maintenance to avoid further deterioration, rather than deferring repairs until getting caught up on payments on the ramps, Mr. Gilmour said these older facilities should be looked at every three to five years to keep them in good shape. He said parking funds over the past 5 to10 years have been built up to about a $2 million reserve and in part that has been used to fund the Robert’s Commons facility. Over the next four years, four lots will be paid off that were purchased from the railroad and were converted to an interfund loan a few years ago to lower the interest rate and increase the general fund return, he said. There is also a lot that was paid for by special assessment financing, he said, which will be paid off over the next three years, so over the next four years debt payments will drop about $250,000.00 per year and the repair and replacement fund can be built up yet again.

Commissioner Piepkorn said to summarize it, maintenance could be deferred; however, it will more expensive. He said this is a short-term loan and interest rates are better, so it is a win-win.

Commissioner Strand said a citizen presented a concern to him about the practice of using liquid de-icing materials on concrete that may be causing damage.

Mr. Gilmour said sand is primarily used; however, it is important to wash away chemicals in the spring since what is applied to the streets can be tracked into the ramps. He said a report on ramp maintenance can be given at a future meeting.

Commissioner Gehrig said costs could be deferred, or perhaps the City should not be building parking ramps and let the free market work. Businesses outside of Downtown must make their own parking, he said; however, for some reason Downtown is treated special.

Commissioner Piepkorn said there needs to be parking to get big employers to come to Downtown and economic development is necessary for commerce.

Commissioner Grindberg moved a loan from the Utility Fund to the Parking Repair and Replacement Fund in the amount of $450,000.00 be approved.

Second by Strand. On call of the roll Commissioners Piepkorn, Strand, Grindberg and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, April 9, 2018.

Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:28 o’clock p.m.