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Board of City Commissioners - November 5, 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, November 5, 2018.

The Commissioners present or absent were as shown following:
Present: Grindberg, Piepkorn, Strand, Mahoney.
Absent: Gehrig.
Mayor Mahoney presiding.

Members of Boy Scout Troop 229 led the Pledge of Allegiance.

The Mayor read a message with the following information: Ken Tinquist and Chris Ohman passed the National Environmental Health Association’s Registered Environmental Health Specialist exam; Inspections Deputy Administrator Christine Rose received the Gerald H. Jones Code Official of the Year Award from the International Code Council; the Library is hosting events during Native American Heritage Month and other programs include American Sign Language storytimes, crafternoons, yoga, basic cooking class, paper beads crafts and a recycling event for children; City-issued building permits are up 10 percent from the same period last year; PD Community trust officers and hip-hop group DPB and CREW premiered their second music video, “It’s Time;” the City is partnering with MinnKota Recycling through November to promote the “Cans for Cash” City of Fargo Recycling Challenge; Commissioner Strand will attend the National League of Cities Convention in Los Angeles and be a panelist at a workshop addressing addiction in small cities; and UPS is bringing cargo jet service to Hector International Airport and adding approximately 70 jobs.

Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved moving Item Nos. “16,” “19” and “29” from the Consent Agenda to the Regular Agenda and adding an item to the Regular Agenda to consider an Agreement with the NDDOT for a Federal Aid Highway Project.
Second by Piepkorn. All the Commissioners present 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 October 22, 2018, be approved as read.

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

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

1. 2nd reading and final adoption of an Ordinance Enacting Article 39-01 of Chapter 39 of the Fargo Municipal Code Relating to Collection of Utilities and Services.

2. Consent and Subordination to Declaration Establishing a Plan of Condominium Ownership for City Centre Lofts.

3. Change Order No. 2 for an increase of $41,086.40 for the Civic Center Ramp.

4. Applications for property tax exemptions for improvements made to buildings:
a. Charles B. and Kristy J. Heitkamp, 1922 20th Avenue South (3 year).
b. Tracy Green, 1525 32nd Street South (3 year).
c. Donna L. Lewis, 1920 20th Avenue South (3 year).
d. Jackson L. Strom and Lindsey K. Haverland, 1521 9th Street South (5 year).
e. Kristian and Jennifer Nelson, 1714 Prairie Lane South (5 year).
f. Wade E. Kline and Ann Arbor Miller, 1349 7th Street South (5 year).
g. Le Roy J. and Diann F. Mikula, 1615 14th Avenue South (5 year).
h. Conrad J. Barnes, 2815 2nd Street North (5 year).
i. Oscar L. and Elda A. DeLeon, 2932 Southgate Drive South (5 year).
j. Donita K. Kaspari T/O/D, 1525 8th Street South (5 year).

5. Site Authorizations for Games of Chance:
a. Fargo Metro Baseball Association at the Empire Tavern Inc.
b. Prairie Public Broadcasting Inc. at Peppers.

6. Applications for Games of Chance:
a. Red River Children’s Advocacy Center for a raffle and raffle board on
11/15/18.
b. Lend A Hand Up – Dakota Medical Foundation for a raffle on 11/19/18.
c. Bethany Vincent Bingo Bash benefit for bingo and a raffle on 11/23/18; Public Spirited Resolution.
d. Handi-Wheels Transportation Inc. for a raffle on 12/21/18.
e. Davies Eagle Elite for a raffle on 11/17/18.

7. Engagement letter for auditing services with Eide Bailly, LLP for the 2018-2020 calendar years.

8. Notice of Grant Award with the ND Department of Emergency Services Division of Homeland Security for the FY 18 State Homeland Security Grant for purchase of regional response equipment and training (CFDA #97.067).

9. Notice of Grant Award Amendment with the ND Department of Health for the City Readiness Initiative (CFDA #93.074).

10. Contract Agreement with BNG Team to provide a breastfeeding friendly environment.

11. Purchase of Service Agreement with the ND Department of Human Services for Substance Abuse Prevention.

12. Lease with Option to Purchase Agreement No. 40001568 with CapFirst Equipment Finance, Inc. for a crawler dozer (RFP18123).

13. Bid award in the amount of $7,675.00 each to Brasco International for purchase of 10 bus passenger shelters (RFP18292).

14. Change Order No. 3 for a 12-day time extension for Project No. FM-15-F2.

15. Change Order No. 1 for an increase of $71,861.00 for Project No. BP-00-43.

16. 2019 Capital Improvement Plan (moved to the Regular Agenda).

17. Task Order with Wenck Associates, Inc. in an amount not to exceed $177,270.00 for Project No. SW 16-03 Phase II.

18. Change Order No. 1 for an increase of $7,050.00 for Project No. WW1708.

19. 2019 Parking Rates as recommended by the Parking Commission (moved to the Regular Agenda).

20. Resolution Approving Plat of Parkview South Eighth Addition (Attachment “A”).

21. Maintenance Certification for Urban Federal Aid Projects with the NDDOT.

22. Sole Source Procurement with Cass County Electric Cooperative for electrical improvements at the Sheyenne River Pump Station in the amount of $40,125.98 (Project No. WA1510).

23. Change Order No. 2 for an increase of $576.00 for Project No. WA1510.

24. Change Order No. 21 for an increase of $43,944.00 for Project No. WA1301 (general construction contract).

25. One year guaranteed cost contract extension with Aqua-Pure Inc. for polymer chemicals at the Water Treatment Plant.

26. Contracts and bonds for Project Nos. SW1603 (electrical), SW1603 (mechanical), WA1753 (general contract) and WA1753 (electrical contract) (moved to the Regular Agenda).

27. Bills in the amount of $10,940,715.13.

Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Joint Powers Agreement with Cass County and Southeast Cass Water Resource District Approved (BN-19-A1):
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) stating they recommend approval of the Joint Powers Agreement with Southeast Cass Water Resource District and Cass County for Drain 27 bridge work associated with the 52nd Avenue South reconstruction project.

Commissioner Strand moved the Joint Powers Agreement with Cass County and Southeast Cass Water Resource District be approved.

Second by Grindberg. On call of the roll Commissioners Grindberg, Strand, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig
The motion was declared carried.

Separation of the Main Avenue Reconstruction Project Into Two Separate Improvement Districts:
This item was moved to the Regular Agenda.

Change Order No. 1 for a Time Extension for Improvement District No. NN-17-A1 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) stating a time extension for Jensen Brothers Construction, Inc. is being requested due to supplier delays. They said modifications to the lift station structure resulted in a delay as well as the delivery of the pumps. They said all other contract times not related to the pumps will be completed by October 31, 2018.

Commissioner Strand moved Change Order No. 1 for a time extension for Substantial Completion (pumps) to November 15, 2018 and Substantial Completion (gates) to December 31, 2018 be approved.

Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Engineering Services Agreement Amendment No. 3 for Improvement District No. BR-18-C0 Approved:
Commissioner Strand moved the Engineering Services Agreement Amendment No. 3 with Apex Engineering Group in the amount of $97,300.00 for Improvement District No. BR-18-C0 be approved.

Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Change Order No. 1 and Time Extension for Improvement District No. BN-18-K1 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) stating during design and bidding, the developer did not want to include the driveways into the design and are now requesting driveways to be completed for an increase in the amount of $37,845.00. They said Fox Underground is requesting an additional 13 days due to weather related delays and after evaluation, staff recommends an 11-day time extension be applied to the Substantial Completion date.

Commissioner Strand moved Change Order No. 1 for an increase of $37,845.00 and an 11-day time extension for Improvement District No. BN-18-K1 be approved.

Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Piepkorn and Mahoney voted aye be approved.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Memorandum of Offer to Landowner - Temporary Easement (Construction) with Sharon Klukken Caswell Approved (Improvement District No. BN-19-A1):
The Board received a communication from Land Acquisition Specialist Shawn Bullinger stating a Memorandum of Offer to Landowner for a Temporary Easement with Sharon Klukken Caswell in association with Improvement District No. BN-19-A1 has been recommended for purchase by the City Engineering office. He said a final purchase price has been reached and authorization from the Board is requested to proceed with the purchase.

Commissioner Strand moved the Memorandum of Offer to Landowner –Temporary Easement (Construction) with Sharon Klukken Caswell in association with Improvement District No. BN-19-A1 be approved.

Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Memorandum of Offer to Landowner - Temporary Easement (Construction) with Dakota Prep Athletics, LLC Approved (Improvement District No. BN-19-A1):
Commissioner Strand moved the Memorandum of Offer to Landowner - Temporary Easement (Construction) with Dakota Prep Athletics, LLC in association with Improvement District No. BN-19-A1 be approved.

Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Memorandum of Offer to Landowner - Temporary Easement (Construction) with Todd L. and Lori A. Funfar Revocable Trust Approved (Improvement District
No. BN-19-A1):

Commissioner Strand moved the Memorandum of Offer to Landowner – Temporary Easement (Construction) with Todd L. and Lori A. Funfar Revocable Trust in association with Improvement District No. BN-19-A1 be approved.

Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Memorandum of Offer to Landowner - Temporary Easement (Construction) with Howard and Barbara Gensler Approved (Improvement District No. BN-19-A1):
Commissioner Strand moved the Memorandum of Offer to Landowner – Temporary Easement (Construction) with Howard and Barbara Gensler in association with Improvement District No. BN-19-A1 be approved.

Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Memorandum of Offer to Landowner - Temporary Easement (Construction) with Greenscape Companies, Inc. Approved (Improvement District No. BN-19-A1):
Commissioner Strand moved approval of the Memorandum of Offer to Landowner – Temporary Easement (Construction) with Greenscape Companies, Inc. in association with Improvement District No. BN-19-A1.

Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Memorandum of Offer to Landowner - Temporary Easement (Construction) with Ken Pawluk, LLC Approved (Improvement District No. BN-19-A1):
Commissioner Strand moved the Memorandum of Offer to Landowner – Temporary Easement (Construction) with Ken Pawluk, LLC in association with Improvement District No. BN-19-A1 be approved.

Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Contract for Sanitary Sewer, Water Main, Storm Sewer and Incidentals Improvement District No. UN-18-C1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and KPH, Inc. for Sanitary Sewer, Water Main, Storm Sewer and Incidentals Improvement District No. UN-18-C1 in the City of Fargo, North Dakota be approved.

Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Contract Bond for Sanitary Sewer, Water Main, Storm Sewer and Incidentals Improvement District No. UN-18-C1 Approved:
Commissioner Strand moved the following described Contract Bond as to sufficiency be approved:
Western Surety Company, in the amount of $1,457,460.25, for Sanitary Sewer, Water Main, Storm Sewer and Incidentals Improvement District No. UN-18-C1 in the City of Fargo, North Dakota.

Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Fire Department Update:
Chief Dirksen said the Insurance Service Office (ISO) provides a rating system for communities to help set insurance rates. He said when he came to Fargo seven years ago, the ISO rating was Class 3 and in 2013, the City attained a rating of
Class 2. ISO now changed its practice to evaluate every five years instead of every ten years, he said, and now Fargo has reached an elite group of Fire Departments, being one of 329, less than half of a percent, to have a Class 1 rating. He said credit goes to not only the work of the Fire Department, but to the Water Department, Central Garage, Police Department and Dispatch Center. He said future thought is put into size of lines, placement of hydrants and maintenance, water flow, public education and department training. He said there could be homeowner insurance reductions resulting from the higher ISO rating for low fire losses and he encouraged the public to discuss it with their insurance agent.

Second Reading and Final Adoption of an Ordinance Amending Section 8-1009 of Article 8-10 of Chapter 8 of the Fargo Municipal Code Relating to Parking Regulations:
Assistant City Attorney Nancy Morris said this was delayed from the last meeting to give time for further consideration of the area being added. She said the area for the 4th Street winter parking restrictions was going to be east of 4th Street; however, now it will be west of 4th Street to 5th Street and 12th Avenue South.

Commissioner Piepkorn moved that the proposed Ordinance Amending Section 8-1009 of Article 8-10 of Chapter 8 of the Fargo Municipal Code Relating to Parking Regulations, which was placed on its first reading October 8, 2018 be placed on its second reading and a vote taken on the question of its final passage and adoption.

Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

There was unanimous 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 Piepkorn, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The Ordinance was duly passed and adopted.

Hearing on a Dangerous Building Located at 826 10th Street North Continued to November 19, 2018:
A Hearing had been set for this day and hour on a dangerous building located at 826 10th Street North.
Commissioner Grindberg moved the Hearing be continued to 5:15 o’clock p.m. on Monday, November 19, 2018.

Second by Piepkorn On call of the roll Commissioners Grindberg, Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Renewal Plans for District Nos. 2018-01, 2018-02 and 2018-03 for the Redevelopment of Three Blocks in Beardsley’s Addition Approved:
A Hearing had been set for October 22, 2018 regarding Renewal Plans for District Nos. 2018-01, 2018-02 and 2018-03 for the Redevelopment of Three Blocks in Beardsley’s Addition.
At the October 22, 2018 meeting, the Hearing was continued to this date and hour.

Director of Strategic Planning and Research Jim Gilmour said in July the Board approved a request from Roers Development to prepare four renewal plans for blocks in the Roosevelt Neighborhood. Three plans have been prepared, he said, and the block of the proposed Newman/Roers development has been delayed pending the outcome of the zoning request. He said the three plans designate the areas as appropriate for redevelopment and have a general description of the Plan for redevelopment. The purpose of the Renewal Plans, he said, is to document blighted conditions and to adopt a policy to encourage the removal of dilapidated structures as soon as possible. He said unlike most renewal plans, a Tax Increment Financing District is not being created at this time; however, the plans note that it could be done in the future which would be a separate action of the Board. He said neighbors were notified and he worked with the Roosevelt Neighborhood Association and there were not many concerns as it is already zoned University Mixed Use. He received four phone calls, he said, two suggesting taking vacancy rates into consideration when redevelopment occurs, one hoping for the removal of an additional home and one concerned with the appearance of the properties in the interim. He shared an aerial drone view of the area to give context of the area identifying the homes to be removed and he said he expects demolition on some would begin soon.

Commissioner Grindberg moved approval of the three Resolutions Adopting Renewal Plans 2018-01, 2018-02 and 2018-03 for the Redevelopment of Three Blocks in Beardsley’s Addition.

Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Application Filed by Enclave Development, LLC for Payment in Lieu of Tax Exemption (PILOT) Approved:
A Hearing had been set for August 27, 2018 on an application filed by Enclave Development, LLC for payment in lieu of tax exemption for a project located at 312 11th Street North and adjoining parcels where the applicant will construct a new Downtown apartment project.
At the August 27, 2018 meeting, the Hearing was continued to
September 10, 2018.
At the September 10, 2018 meeting, the Hearing was continued to
October 8, 2018.
At the October 8, 2018 meeting, the Hearing was continued to this day and hour.
No written protests have been filed for the attention of the Board.
The Board determined that no person is present at this Hearing to protest or offer objection thereto.

Director of Strategic Planning and Research Jim Gilmour said this request is for a new downtown apartment building project of 60 to 75 units to be located west of the 300 Lime building which is at 303 11th Street North plus adjoining parcels 302, 306, 312 and 316 11th Street North and 1109 3rd Avenue North. He said the vacant property pays about $5,200.00 per year in property taxes. The new building in year six would pay about $31,000.00 per year, he said, and by year 11, it would be $120,000.00 to $130,000.00 per year. Both the School District and County were contacted, he said, and School District agreed to participate; however, the County chose to only participate for five years.

Austin Morris, Enclave Development, said some goals of the Downtown InFocus Study were to bring additional market rate housing to the Downtown area and to grow the housing base to promote economic vitality and grow the economic base. He said while he cannot share much information about the tenant base at 300 Lime, that information would tell a lot about the wide array of people who want to and choose to live Downtown and who he feels want more options. He said it is challenging to make a project financially feasible Downtown; however, Downtown is a beacon for the City and occupancy rates are strong. He said he sees an opportunity to encourage more development Downtown. He said the markets that affordable and market rate housing serve are different.

In response to a question from Commissioner Piepkorn on whether this project makes rents lower, Mr. Morris said it makes a project feasible that otherwise would not be. He said challenges with infill development are tight sites with no area to do material handling, plus they are pushed to do density to build a sufficient base of units and to meet the standards of high quality housing with aesthetically dynamic facades to preserve vitality. He said like 300 Lime, some amenities are embedded in the rent level and heat, AC, cable, internet and parking are included.

Commissioner Grindberg said he was on a panel at NDSU last week on topics of general interest to students and he was taken aback that the consistent answer from students from outside North Dakota when they were asked why they chose NDSU, it was affordable housing.

In response to a question from Commissioner Grindberg about removing some amenities to achieve less cost and if it would still cashflow from the standpoint of a marketable property compared to an apartment owner with a 30-year old project who has to reinvest without incentives to remain competitive in a quality environment, Mr. Morris said in dense urban areas, the renter expects amenities. He said people live Downtown for the community aspect, whether coffee shops, bars, etc., and make use of community rooms. He said the price difference proportionately in adding amenities or not is not the biggest cost being added; it is more the features in innate requirements of building Downtown, such as parking, that are drivers of cost as compared to suburban environments.

Commissioner Strand said $895.00 to $1,850.00 per month for rent seems daunting.

Mr. Morris said rents have gone up. Efficiencies and one-bedrooms rent well; however, the larger units are usually roommate situations and having enough parking for them is difficult.
In response to a question from Commissioner Strand about the profitability rate, which is approximately 7.72% with public assistance and 13% less without assistance, Mr. Morris said PFM runs its own separate analysis and his rate of return and internal annual rates of return is closer to 5% and the only way to capture additional rate of return would be selling or refinancing since it is paying down principle.

Mr. Gilmour said the analysis looks at how much less would this building have to cost in order for them to not need the assistance and how much more would rent have to be in order to be feasible. It was determined to be unreasonable to cut $1.4 million from the budget and it is not feasible to get that much more in rent, he said.
Commissioner Strand said these are great projects. His concern is public assistance for market rate projects like this.

In response to a question from Commissioner Strand regarding whether a variance for this project is expected as was requested for 300 Lime, City Engineer Brenda Derrig said if they do not build to the 41 plus 1.2 foot elevation a variance would have to be requested again; however, it is expected they would build to the appropriate elevation. She said there is no plan yet to evaluate.

Mayor Mahoney said tonight’s discussion is on the question of the PILOT, the elevation would be discussed later when the plans come out.

Commissioner Piepkorn moved that the application filed by Enclave Development, LLC for a 10-year payment in lieu of tax exemption pursuant to Chapter 40-57.1 be approved as follows:

Year 0 through 5 $0
Year 6 through 10 $31,572.00

Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg and Mahoney voted aye.
Commissioner Strand voted nay.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Parcels of Land in Gardenia Addition Rezoned (6357 and 6395 27th Street South):
At a Hearing held on July 3, 2018 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to SR-2,
Single-Dwelling Residential.

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 this is a zone change and plat located along 64th Avenue South at 27th Street. It creates one block with two lots, he said, and Lot 1 would be vacant and Lot 2 would contain the existing house. He said it is one of the few AG, Agricultural zoned properties left and the zone change to
SR-2, Single-Residential is appropriate and consistent with the Growth Plan. The applicant, Robert Kost, plans to build a new house on the property, he said.
In response to a question from Commissioner Grindberg on whether the applicant understands the imminent nature of special assessments in this area, Mr. Kost acknowledged that he does.

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 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, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The Resolution was adopted.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Gardenia 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 Gardenia Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Resolution Adopted Approving Gardenia 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 “Gardenia Addition” containing 2 Lots, 1 Block and 1.8 acres of land more or less, located at 6357 and 6395 27th Street South; and
WHEREAS, A Hearing was held July 3, 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 October 22 and 29, 2018 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., November 5, 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 “Gardenia 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, and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The Resolution was adopted.

Text Amendment to Amend Sections 20-02 through 20-07 and Section 20-09 of the Fargo Municipal Code (Land Development Code) Relating to the Correction of Typos and Errors; the Clarification of Existing Standards; Building Material Requirements in the DMU, Downtown Mixed-Use, Zoning District; Standards Eligible for Modification Within a PUD, Planned Unit Development, Zoning District; Setbacks for Accessory Structures; Floor Area for Home Occupations; and Vehicle Drive-Through Stacking Spaces Approved:
A Hearing had been held by the Fargo Planning Commission on October 2nd for the purpose of considering a request for a text amendment to Sections 20-02 through 20-07 and Section 20-09 of the Fargo Municipal Code (Land Development Code) relating to Correction of Typos and Errors; the Clarification of Existing Standards; Building Material Requirements in the DMU, Downtown Mixed-Use, Zoning District; Standards Eligible for Modification Within a PUD, Planned Unit Development, Zoning District; Setbacks for Accessory Structures; Floor Area for Home Occupations; and Vehicle Drive-Through Stacking Spaces and the Fargo Planning Commission at such Hearing recommended to the Board of City Commissioners that the request be approved.
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.
There have been no written or verbal protests to the request and no one is present to protest thereto.

Current Planning Coordinator Donald Kress said these amendments codify interpretations that are used by staff and are not dramatically new regulations or departures from what is being done. He said the purpose and intent of the proposed edits are to correct grammar errors or clarify language so it more effectively conveys how the Ordinance is implemented in practice. He said the City Attorney has reviewed the amendment corrections thoroughly.

Commissioner Strand moved the request be approved on the basis the proposed Text Amendment complies with Section 20-0904.E (1-3) of the Land Development Code.

Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

First Reading of an Ordinance Amending Sections 20-0212, 20-0216, 20-0302, 20-0402, 20-0403, 20-0502, 20-0612, 20-0701, 20-0704, 20-0705, 20-0901, 20-0907 and 20-0914 of Articles 20-02 through 20-07 and 20-09 of Chapter 20 of the Fargo Municipal Code Relating to the Land Development Code of the City of Fargo:
Commissioner Strand moved the Ordinance Amending Sections 20-0212, 20-0216, 20-0302, 20-0402, 20-0403, 20-0502, 20-0612, 20-0701, 20-0704, 20-0705, 20-0901, 20-0907 and 20-0914 of Articles 20-02 through 20-07 and 20-09 of Chapter 20 of the Fargo Municipal Code Relating to the Land Development Code of the City of Fargo be placed on first reading.

Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Policy for the Determination and Review of Storm Water Service Charges Approved and Resolution Adopted:
The Board received a communication from Storm Water Utility Division Engineer Jody Bertrand stating a final public meeting was held on October 30th for discussion of the service charge. He said the Engineering Department is recommending approval of the Policy for the Determination and Review of the Storm Water Service Charge and adoption of the Resolution Authorizing Storm Water Service Charge. He said the City has adopted an ordinance establishing a Storm Water Service Charge for paying a portion of the cost of construction, reconstruction, repair and improvements for the maintenance, operation and use of the storm sewer system. The service charge, he said, will be based on a parcel’s anticipated contribution of storm water runoff to the storm sewer system. He said under the charging system established in City ordinance, a parcel that contributes a higher peak storm water runoff rate and volume based on size and impervious surface area will pay a higher charge. As a result, he said, charges allocated under this methodology will better reflect a parcel’s fair share of the costs of operating and maintaining the storm sewer system. He said assigning costs and making charges based on size and amount of impervious surfaces is available through the use of Light Imaging Detection and Ranging (LIDAR) aerial imagery and GIS technology. However, he said, due to land subdividing or replatting, parcel sizes may change over time and improvements to properties may increase or decrease impervious areas. He said the proposed policy is for LIDAR data collection to occur on a three-year cycle. He said the policy will allow changes to be made to parcel billing to provide the most accurate and up to date data and the respective computations of charges.

Commissioner Piepkorn moved the Policy for the Determination and Review of Storm Water Service Charges be approved and Resolution Authorizing Storm Water Service Charge and referred to as Attachment “B” be adopted and attached hereto.

Second by Strand On call of the roll Commissioners Piepkorn, Strand, Grindberg and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Anna Johnson Appointed to the Native American Commission:
The Board received a communication from Mayor Mahoney recommending that Anna Johnson be appointed to the Native American Commission to fill the vacancy created by the resignation of Clinton Alexander. Mr. Clinton’s term would have expired on June 30, 2019, he said.

Commissioner Strand moved Anna Johnson be appointed to the Native American Commission to fill the unexpired term of Clinton Alexander ending June 30, 2019.

Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn, Grindberg and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Cost of Participation, Construction and Maintenance Agreement with North Dakota Department of Transportation for 52nd Avenue South from 45th Street to West of 63rd Street Approved (Improvement District No. BN-19-A):
The Board received communication from Transportation Division Engineer Jeremy Gorden recommending approval of a Cost of Participation, Construction and Maintenance (CPM) Agreement with the North Dakota Department of Transportation (NDDOT) for 52nd Avenue South from 45th Street to west of 63rd Street. He said the project is for the reconstruction of 52nd Avenue South from 45th Street to west of 63rd Street. He said the project will consist of a four-lane road section with center median, removing the existing bridge over Drain 27 and replacing it with two new bridges, installing a new traffic signal at Veterans Boulevard and at 63rd Street, converting 47th Street, 53rd Street and 53rd Avenue South intersections to RCUT intersections (Reduced Conflict U-turn Intersections) for improved safety, constructing shared use paths on both sides of the avenue throughout the project limits, and installing new street lighting. He said 52nd Avenue South is functionally classified as a major arterial roadway, he said, and the purpose of the project is to reconstruct and improve 52nd Avenue South from 45th Street to 63rd Street to serve as an important link in the multimodal transportation system. The estimated construction cost is approximately $14,564,414, he said, and funding for the project will consist of Federal Highway Funds from the NDDOT’s Urban Roads Program (Federal), City of West Fargo Funds, Cass County Highway Department Funds, Southeast Cass Water Resource District Funds and City of Fargo Special Assessment Funds. The project’s funding summary is as follows:

Federal Highway Funds – NDDOT Urban Roads Fund $9,349,354.00
SE Cass Water Resource District $ 486,156.00
Cass County Highway Department $1,400,000.00
City of West Fargo $ 195,000.00
Special Assessments – Street Reconstruction $6,830,575.00

City Engineer Brenda Derrig said this project is set to be bid in Bismarck on November 9th and the project is scheduled to have a substantial completion date of October 25, 2019.

Commissioner Piepkorn moved the Cost of Participation, Construction and Maintenance Agreement with North Dakota Department of Transportation for Improvement District No. BN-19-A be approved.

Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Update on the 2019 Capital Improvement Plan (Moved from the Consent Agenda):
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) stating that they reviewed a report of projects to be included in the 2019 Capital Improvement Plan (CIP).

City Engineer Brenda Derrig said the proposed 2019 CIP is coming in front of the Board to allow time for review and discussion and likely in a month or so they will bring back a final plan for approval. She encouraged the Commissioners to reach out to the Engineering Department with any questions or comments. Some highlights, she said, are that water main replacement projects have been removed for next year as a result of reverting to the 2013 Special Assessment policy. She said even with those removed; the proposed plan for next year is about $80 million.

Commissioner Strand said he has had questions on how traffic management lights are special assessed and how those benefits are determined.

Commissioner Grindberg said the Special Assessments Taskforce is in the process of looking at and evaluating various options. He said he would like a more detailed presentation of the process used to determine the CIP list and who makes the decision to go into a specific neighborhood, make that investment and spend that money. He said he would like to know what comes to the Board and why, and what can be different. He said there is the Engineering team, what they do and their opinion; however, there is also the reality of cost. Years ago, he said, a point was made that there were 600 water main breaks per year and the citizens passed a sales tax and the City is doing reconstruction. Moving beyond 2019 into 2020, and if the Prairie Dog Fund passes the Legislature, he said, there will be more tools to drive down costs and to say how it will be financed in the future.

Mayor Mahoney said the City is responding to continued growth and is committed to having a solid city and structure. Water main breaks are down to between 45 and 50 per year now, he said, and the counter question would be if the process slows down, the water main breaks could go up.

Ms. Derrig said a presentation can be done on street rehab and why specific streets are selected for mill and overlays and there is a whole system used to measure the quality of the roads. She said this is based on the current infrastructure funding policy and if that changes the CIP would change.

Parking Rate Schedule for 2019 Approved (Moved from the Consent Agenda):
The Board received a communication from Assistant Planning Director Mark Williams stating the Parking Commission has recommended changes be made to the monthly parking rates for City-owned parking facilities. He said Interstate Parking, the company that manages and consults with the City, has recommended a parking rate increase.
Commissioner Piepkorn said the newer parking ramp fees will be increased slightly and most of the flat surface lots remain the same. He said it is basically supply and demand. The RoCo Parking ramp is beautiful and well lit and at capacity, he said. The Civic lot may be looked at to see if it could be added onto, he said, as well as another possible ramp Downtown. He complemented Interstate Parking on their professionalism and service.

Mr. Williams said a lot of data is collected regarding usage and it is good practice to look and keep up.
Commissioner Piepkorn said regarding the bids for airport parking, Interstate Parking’s proposal would have given a half million dollars over five years and the Airport Authority did not accept their bid. He said he believes Interstate’s bid should be accepted, they have done well by the City of Fargo and he feels they would do well for the airport.

Commissioner Piepkorn moved the 2019 Parking Rate Schedule be approved.

Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Separation of the Main Avenue Reconstruction Project Into Two Separate Improvement Districts Approved (Moved from the Consent Agenda):
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) regarding the need to break Improvement District No. BR-18-A1 into two separate projects. They said the eastern portion of the project (Improvement District No. BR-19-A1) would be bid on March 9, 2019 and the western portion would be bid in October or November of 2019. Due to the significant amount of easements, the project will require with BNSF, and with this being a large and complicated project, staff recommends completing the work over two construction seasons, they said.

City Engineer Brenda Derrig said splitting the project would allow an earlier completion date and more flexibility if unexpected issues on Main Avenue were found. She said they are looking at starting at Second Street and going through Broadway, which will open up Broadway, 4th Street and 2nd Street cross streets while work takes place between Broadway and University.

Commissioner Piepkorn said splitting the project into two projects would lessen the impact and help find more information about the old infrastructure under the street. Closing Main Avenue is a big deal, he said, and it will be important to use all the incentives possible, such as early completion and making sure to start right away in the spring.

In response to a question from Commissioner Strand regarding whether this would result in a two-year delay impacting businesses on Main Avenue, Ms. Derrig said options were discussed with business owners who felt that by not tearing up the whole stretch it would allow for more proximity and containment of the project.

Commissioner Grindberg said this project has to stand the test of time so that in ten years there is not discussion on building it different; it has to be done right the first time. There is a vibrant, growing Downtown, he said, and with traffic patterns, congestion and projects like this it takes longer to get around.

Commissioner Piepkorn moved the separation of Improvement District No. BR-18-A1 to complete the reconstruction of Main Avenue as two projects with the eastern portion (Improvement District No. BR-18-A1) being bid on March 9, 2019 and the western portion (Improvement District No. BR-19-A1) being bid in the fall of 2019 be approved.

Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Gehrig.
The motion was declared carried.

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, November 19, 2018.
Second by Grindberg. All the Commissioners present voted aye and the motion was declared carried.

The time at adjournment was 6:28 o’clock p.m.