Board of City Commissioners - September 10, 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, September 10, 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: Jan Eliassen, Director of the Fargo Cass Public Health Harm Reduction Division received the 2018 Pioneer Award on September 5th during the Recovery Reinvented event at the Civic Center; Fargo Cass Public Health will host several flu shot clinics in September and October; the Library’s weekly Fall Storytime series starts today and “Culture and Colors of Pakistan” will be September 16th at 2 p.m. at the Main Library and is part of Welcoming Week FM 2018; Police Department Community Trust Officers held Fargo United events at Madison and Jefferson schools; a project to plant 4,500 new trees along 10th Street North between 37th Avenue North and County Road 20 is a partnership between the Park District, the City, River Keepers, Dakota Audubon and the Cass County Soil Conservation District and will be held September 12th.
Order of Agenda Approved:
Commissioner Strand moved the Order of the Agenda be approved.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
Minutes Approved:
Commissioner Grindberg moved that the Minutes of the Regular Meeting of the Board held on August 27, 2018 be approved as read.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
Consent Agenda Approved:
Commissioner Grindberg moved the Consent Agenda be approved as follows:
1. Waive requirement to receive and file an Ordinance one week prior to 1st reading and 1st reading of the following Ordinances:
a. Amending Section 35-0102, of Article 35-01 of Chapter 35 of the Fargo Municipal Code Relating to the Sale of Tobacco Products.
b. Amending Section 35-0201, of Article 35-02 of Chapter 35 of the Fargo Municipal Code Relating to the Sale of Tobacco Products.
2. 2nd reading and final adoption of the following Ordinances; 1st reading 8/27/18:
a. Rezoning Certain Parcels of Land Lying in Champions Gate at Prairie Farms Addition to the City of Fargo, Cass County, North Dakota.
b. Amending Section 25-1513, of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages.
c. Amending Section 01-0305, of Article 01-03 of Chapter 01 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.
3. Applications for Games of Chance:
a. Lend-a-Hand Up for a raffle on 9/23/18; Public Spirited Resolution.
b. Bobbi Jo Garcia Benefit for a raffle and raffle board on 9/30/18; Public Spirited Resolution.
4. Application filed by Coneflower Farmhouse LLC for a five-year tax exemption for improvements made to a building at 13 8th Street South.
5. Amendment to Purchase of Service Agreement with the ND Department of Human Services, Behavioral Health Division for substance abuse prevention.
6. Proposed 2019 Public Safety Compensation Study and Position Evaluation Committee (PEC) and Budget Team Funding Recommendations for the following Personnel Requests:
prevention.
6. Proposed 2019 Public Safety Compensation Study and Position Evaluation Committee (PEC) and Budget Team Funding Recommendations for the following Personnel Requests:
Buildings and Grounds:
Request to reclassify Physical Plant Coordinator (Grade 13) to Director of Facilities Management (Grade 20). Annual cost of request: $27,747.00. Budget Committee recommends approval of the request effective upon approval.
Communications and Public Affairs:
Request to create a Graphic Designer and Social Media Strategist (Grade 12). Annual cost of request: $53,082.00. Classification approved, position not funded in 2019.
Request to reclassify Programming and Videography Manager (Grade 8) to Creative Services Manager (Grade 13). Annual cost of request: $11,253.00. Budget Committee recommends approval of the request effective December 31, 2018.
Request to create a Creative Services Producer (Grade 9). Annual cost of request: $42,141.00. Budget Committee recommends approval of the request effective December 31, 2018.
Request to reclassify Communications and Public Affairs Manager from (Grade 16) to (Grade 17). Annual cost of request: $5,200.00. Budget Committee recommends approval of the request effective December 31, 2018.
Engineering:
Request to reclassify/title change the following:
Engineering Technician Supervisor to Project Manager. Annual cost of request: $0.00. Budget Committee recommends approval of the request effective upon approval.
Engineering Technician III (Grade 13) – 3 incumbents to Survey Crew Chief (Grade 14). Annual cost of request: $11,835.00. Budget Committee recommends approval of the request effective upon approval.
City Engineer from (Grade 23) to (Grade 24). Annual cost of request: $5,845.00. Budget Committee recommends approval of the request effective upon approval.
Division Engineer (re-evaluated) (Grade 22) to Assistant City Engineer (Grade 23). Annual cost of request: $5,845.00. Budget Committee recommends approval of the request effective upon approval.
Division Engineer (OOG) – 5 incumbents to Division Engineer (Grade 22 OOG) to (Grade 22). Annual cost of request: $0.00. Budget Committee recommends approval of the request effective upon approval.
Sign and Signal Operations Manager to Traffic and Lighting Operations Manager. Annual cost of request: $0.00. Budget Committee recommends approval of the request effective December 31, 2018.
Request to create an Assistant Traffic and Lighting Operations Manager (Grade 16). Annual cost of request: $76,523.00. Classification approved, position not funded in 2019.
Traffic Maintenance Tech II (Grade 10) – 3 incuments to Traffic and Lighting Maintenance Tech II (Grade 11). Annual cost of request: $8,861.00. Budget Committee recommends approval of the request effective December 31, 2018.
FARGODOME:
Request to reclassify the following:
Administrative Assistant (Grade 5) to Administrative and Auxiliary Services Associate (Grade 7). Annual cost of request: $2,350.00. Budget Committee recommends approval of the request effective December 31, 2018.
Administrative and Auxiliary Service Manager (Grade 10) to (Grade 11). Annual cost of request: $3,723.00. Budget Committee recommends approval of the request effective December 31, 2018.
Food and Beverage Event Manager (Grade 10) to Food and Beverage Manager (Grade 13). Annual cost of request: $4,035.00. Budget Committee recommends no reclassification.
Finance:
Request to reclassify Accounting Supervisor from (Grade 15) to (Grade 16). Annual cost of request: $4,742.00. Budget Committee recommends approval of the request effective December 31, 2018.
Request to reclassify Accounting Manager from (Grade 18) to (Grade 19). Annual cost of request: $5,387.00. Budget Committee recommends approval of the request effective December 31, 2018.
Fire:
Request to reclassify the following:
Firefighters (Grade X11) – 77 incumbents to (Grade X12). Annual cost of request: $273,000.00. Budget Committee recommends Firefighters to remain at Grade X11 adding Steps 12 and 13 at an annual cost of $38,613.00. Public Safety Compensation Study will be conducted in 2019.
Assistant Fire Chiefs (Grade 19) – 3 incumbents to (Grade 20). Annual cost of request: $19,718.00. Budget Committee recommends no reclassification, Public Safety Compensation Study will be conducted in 2019.
Assistant Fire Chief – Fire Marshal (Grade 19) to Assistant Fire Chief (Grade 20). Annual cost of request: $7,030.00. Budget Committee recommends no reclassification, Public Safety Compensation Study will be conducted in 2019.
Fire Battalion Chiefs (Grade X17) – 6 incumbents to (Grade X18). Annual cost of request: $36,096.00. Budget Committee recommends no reclassification, Public Safety Compensation Study to be conducted in 2019.
Fire Inspectors/Investigator (Grade 14) – 5 incumbents to Deputy Fire Marshal (Grade 15). Annual cost of request: $20,696.00. Budget Committee recommends approval of the request effective December 31, 2018.
Fire Captain (X14) – 29 incumbents to Fire Captain (X15). Annual cost of request: $119,883.00. Budget Committee recommends no reclassification, Public Safety Compensation Study to be conducted in 2019.
Human Resources:
Request to reclassify Human Resource Assistant (Grade 7) to Human Resource Associate (Grade 11). Annual cost of request: $4,846.00. Budget Committee recommends no reclassification.
Request to reclassify Human Resource Associate (Grade 10) to (Grade 11). Annual cost of request: $3,286.00. Budget Committee recommends no reclassification.
Request to reclassify Human Resource Generalists (Grade 13) – 3 incumbents to Human Resource Manager (Grade 14). Annual cost of request: $10,712.00. Budget Committee recommends approval of the request effective December 31, 2018.
Inspections:
Request to reclassify Inspections Administrator/Building Official (Grade 18) to Inspections Director/Building Official (Grade 22). Annual cost of request: $9,319.00. Budget Committee recommends approval of the request effective July 1, 2018.
Request to reclassify Deputy Administrator – Inspections (Grade 15) to Assistant Director - Inspections (Grade 17). Annual cost of request: $4,451.00. Budget Committee recommends approval of the request effective July 1, 2018.
Request to reclassify Building Inspector II (Grade 13) to Building Inspector III (Grade 15). Annual cost of request: $8,341.00. Budget Committee recommends approval of the request effective April 1, 2018.
Request to reclassify Building Inspector I (Grade 12) to Building Inspector II (Grade 13). Annual cost of request: $4,389.00. Budget Committee recommends approval of the request effective April 1, 2018.
Municipal Court:
Request to reclassify Associate Deputy Clerks of Municipal Court (Grade 8) – 5 incumbents to (Grade 9). Annual cost of request: $14,394.00. Budget Committee recommends approval of the request effective December 31, 2018.
Public Health:
Request to reclassify Executive Director Shelter/WMU Operations (Grade 15) to Director of Harm Reduction and Shelter Services (Grade 17). Annual cost of request: $4,850.00. Budget Committee recommends approval of the request effective December 31, 2018.
Request to reclassify Director of Environmental Health from (Grade 17) to (Grade 18). Annual cost of request: $4,638.00. Budget Committee recommends approval of the request effective December 31, 2018.
Request to reclassify Public Health Nursing Coordinator (Grade 14) to Public Health Nursing Supervisor (Grade 15). Annual cost of request: $3,391.00. Budget Committee recommends no reclassification.
Request to reclassify Accountant – Public Health (Grade 15) to (Grade 16). Annual cost of request: $4,743.00. Budget Committee recommends approval of the request effective December 31, 2018.
Request to reclassify Health Educator to Health Educator II (Grade 13). Annual cost of request: $21,247.00. Budget Committee recommends no reclassification.
Request to reclassify Environmental Health Practitioner I (Grade 12) – 5 incumbents to (Grade 13). Annual cost of request: $17,221.00. Budget Committee recommends no reclassification.
Request to reclassify Environmental Health Practitioner II (Grade 13) – 2 incumbents to (Grade 14). Annual cost of request: $8,257.00. Budget Committee recommends no reclassification.
Request to reclassify Community Health Educator (Grade 12) - 4 incumbents to (Grade 13). Annual cost of request: $19,884.00. Budget Committee recommends no reclassification.
Request to reclassify Public Health Nurse (Grade 13) – 31 incumbents to (Grade 14). Annual cost of request: $176,669.00. Budget Committee recommends no reclassification.
Request to reclassify Emergency Prep Environmental Health Practitioner II from (Grade 14) to (Grade 15). Annual cost of request: $3,536.00. Budget Committee recommends no reclassification.
Request to reclassify Director of Environmental Health from (Grade 17) to (Grade 18). Annual cost of request: $7,716.00. Budget Committee recommends approval of the request effective December 31, 2018.
Library:
Request to reclassify the Children’s Services Manager – Children’s Coordinator (Grade 14) to Children’s Services Manager (Grade 15). Annual cost of Request: $6,136.00. Budget Committee recommends no reclassification.
Public Works:
Request to reclassify Public Works Crew Leader (Grade 11) – 7 incumbents to (Grade 12). Annual cost of request: $24,606.00. Budget Committee recommends no reclassification.
Transit Maintenance (Public Works):
Request to create a Fleet Services Attendant Lead (Grade 10). Annual cost of request: $45,469.00. Budget Committee recommends classification, position not funded in 2019.
Request to reclassify the following:
Maintenance Attendant II – Bus Cleaner (Grade 8) – 4 incumbents to Fleet Services Attendants – FT (Grade 7). Annual cost of request:
($11,565.00). Budget Committee recommends no reclassification.
Maintenance Attendant I – Bus Cleaner PT (Grade 5) – 4 incumbents to Fleet Services Attendant – PT (Grade 7). Annual cost of request: $7,175.00. Budget Committee recommends no reclassification.
Transit:
Request to reclassify the following:
Transit Director from (Grade 20) to (Grade 22). Annual cost of request: $15,954.00. Budget Committee recommends approval of the request at a (Grade 21), effective December 31, 2018 at an annual cost of $7,925.00.
Assistant Transit Director from (Grade 15) to (Grade 18). Annual cost of request: $18,928.00. Budget Committee recommends approval of the request at a (Grade 16), effective December 31, 2018 at an annual cost of $3,827.00.
Request to create the following:
Transit Fixed Route Dispatcher (Grade 6) – 5 incumbents. Annual cost of request: $180,275.00.
Office Associate II (Grade 7). Annual cost of request: $39,374.00.
Transit Road Supervisor (Grade 7) – 2 incumbents. Annual cost of request: $54,913.00.
Budget Committee does not recommend positions being approved.
Water:
Request to reclassify Public Works Supervisor (Grade 14) – 2 incumbents to Utility Supervisor (Grade 15). Annual cost of request: $7,800.00. Budget Committee recommends approval of the request effective July 1, 2018.
Wastewater:
Request to reclassify Public Works Supervisor (Grade 14) – 2 incumbents to Utility Supervisor (Grade 15). Annual cost of request: $8,694.00. Budget Committee recommends approval of the request effective July 1, 2018.
Transit Maintenance:
Request for reorganization of Transit Maintenance Department from Public Works to Transit. Annual cost of request: $0.00. Budget Committee recommends approval effective upon approval.
7. Set September 24, 2018 at 5:15 p.m. as the date and time for a hearing on a dangerous building at 1101 7th Street North.
8. Grant Agreement with the ND Department of Corrections and Rehabilitation and the ND Association of Counties (CFDA #16.540) for federal grant funds from the Office of Juvenile Justice and Delinquency Prevention.
9. Amendment to the Bank of North Dakota application for a loan under the Infrastructure Revolving Loan Fund Program.
10. Revision to the 2018 CIP and select Mid American Signal as the vendor for Project No. TR-18-A1.
11. Change Order No. 2 for an increase of $1,373.35 for Project No. FM-15-K1.
12. Amendment No. 3 with SRF Consulting Group for an increase of $37,440.19 for Project No. QN-17-A1.
13. Designated Bus Stop Policy.
14. RFP to replace or rehabilitate transit bus shelters, pending approval by the State of ND Transit Division.
15. Transfer of City Paratransit Unit Nos. 1189 and 1217 to Handi-Wheels Transportation, Inc. effective immediately.
16. Declaration of Easement (Utility) and utility permit at 64th Avenue South and I-29.
17. Contracts and bonds for Project Nos. HD-18-A1 and SN-18-C2.
18. Bills in the amount of $8,470,351.51.
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. 7 for a Time Extension for Improvement District No. BN-17-B1 Approved:
Commissioner Grindberg moved approval of Change Order No. 7 for a time extension suspending the substantial liquidated damage from August 13, 2018 through September 14, 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.
Utility Relocation for Improvement District No. DN-18-A1 Approved:
Commissioner Grindberg moved approval of the utility relocation and authorize payment to Midco in the amount of $9,500.00 for Improvement District No. DN-18-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.
Task Order Amendment No. 2 for Improvement District No. NN-17-A0 Approved:
Commissioner Grindberg moved Task Order Amendment No. 2 with Apex Engineering for an increase of $3,774.00 for Improvement District No. NN-17-A0 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.
Change Order No. 4 for Improvement District No. BR-17-F1 Approved:
Commissioner Grindberg moved approval of Change Order No. 4 for an increase of $75,736.60 for Improvement District No. BR-17-F1.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
No Protests Received for Drain Improvements and Incidentals Improvement District No. DN-18-A1:
The Statutory Resolution of Necessity for the construction of Drain Improvements and Incidentals Improvement District No. DN-18-A1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on May 18 and June 4, 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 Drain Improvements and Incidentals Improvement District No. DN-18-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.
Bids Received for Drain Improvements and Incidentals Improvement District No. DN-18-A1:
The bids for Drain Improvements and Incidentals Improvement District
No. DN-18-A1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., September 5, 2018 and the bids were found to be as follows:
Key Contracting, Inc. West Fargo, ND
Bid: $1,419,233.50
R.J. Zavoral and Sons, Inc. East Grand Forks, MN
Bid: $1,558,622.50
Comstock Construction, Inc. Wahpeton, ND
Bid: $1,598,400.00
Griffin Construction Company, Inc. Chatfield, MN
Bid: $1,607,379.31
Contract for Drain Improvements and Incidentals Improvement District No. DN-18-A1 Awarded to Key Contracting, Inc.in the Amount of $1,419,233.50:
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 Drain Improvements and Incidentals Improvement District
No. DN-18-A1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received September 5, 2018 for Drain Improvements and Incidentals Improvement District No. DN-18-A1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Drain Improvements and Incidentals Improvement District No. DN-18-A1 shows the bid of Key Contracting, Inc. of West Fargo, North Dakota, in the sum of $1,419,233.50 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Key Contracting, Inc. in the sum of $1,419,233.50 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Drain Improvements and Incidentals Improvement District No. DN-18-A1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Key Contracting, Inc. for the sum of $1,419,233.50, 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.
Sanitary Sewer, Water Main, Storm Sewer and Incidentals Improvement District No. UN-18-C (Various Locations in North Fargo):
Commissioner Grindberg moved the following action be taken in connection with Sanitary Sewer, Water Main, Storm Sewer and Incidentals Improvement District No. UN-18-C:
Adopt Resolution Creating Improvement District No. UN-18-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. UN-18-C in the City of Fargo, North Dakota, be created
On 43rd Street North from 19th Avenue North to 2647’ north to the 1/4 section line.
On 41st Street North from 900’ north of 19th Avenue North to 24th Avenue North.
On 24th Avenue North between 41st Street North and 43rd Street North.
All to be platted in Laverne’s Addition.
COMPRISING:
Lot 1, Block 1.
All in Phoenix Addition.
Lot 1, Block 1.
The west 695’ of the south 2344’ less the platted 41st Street North right of way of Lot 2, Block 1.
All in NDSU West Addition.
All of the unplatted land in the southwest 1/4 of Section 27, Township 140 North, Range 49 West to be platted as Laverne’s Addition.
The south 300’ of the unplatted land in the northwest 1/4 in Section 27, Township 140, Range 49 West.
All of the foregoing is located in the City of Fargo, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That Sanitary Sewer, Water Main, Storm Sewer and Incidentals Improvement District No. UN-18-C 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. UN-18-C:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. UN-18-C 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 $1,974,264.14.)
Order Plans and Specifications for Improvement District No. UN-18-C:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. UN-18-C in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. UN-18-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. UN-18-C 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. UN-18-C in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.
Adopt Resolution Declaring Sanitary Sewer, Water Main, Storm Sewer and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Sanitary Sewer, Water Main, Storm Sewer and Incidentals Improvement District No. UN-18-C in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Sanitary Sewer, Water Main, Storm Sewer and Incidentals Improvement District No. UN-18-C must be in writing and must be filed with the City Auditor's Office within 14 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.
Direct City Auditor's Office to Call for Bids for Improvement District No. UN-18-C:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. UN-18-C 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 for Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Site Grading, Street Lighting and Incidentals Improvement District No. BN-18-F2 Approved:
Commissioner Grindberg moved approval of the Contract between the City of Fargo and Northern Improvement Company for Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Site Grading, Street Lighting and Incidentals Improvement District No. BN-18-F2 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 Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Site Grading, Street Lighting and Incidentals Improvement District No. BN-18-F2 Approved:
Commissioner Grindberg moved approval of the following described Contract Bond as to sufficiency:
Western Surety Company, in the amount of $1,828,498.38, for Sanitary Sewer, Water Main, Storm Sewer, Concrete Curb and Gutter, Asphalt Pavement, Site Grading, Street Lighting and Incidentals Improvement District No. BN-18-F2 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.
Policy Related to Broadcasting and Recording of Public Meetings Approved:
Commissioner Gehrig said he feels public meetings should be recorded whenever possible and placed on the City website. He said this is an attempt to make a policy official and he proposed the following:
The City of Fargo is committed to promoting transparency in government and has made investments in the technology and personnel required to do so.
In support of this mission, it shall be the policy of the City to make all efforts to televise, livestream and webcast regularly scheduled and special meetings of the various committees, commissions, boards and taskforces appointed by the City Commission. This will include brown bag, study and educational sessions.
All meetings held within the City Commission Chambers, where members of the public may attend in person, shall be recorded and broadcast in real-time.
Every effort will be made to record and broadcast City-related public meetings not held within the City Commission Chambers as technology and staffing resources allow.
Commissioner Piepkorn said a number of meetings are not currently televised and he is concerned that there will be additional costs related to having all meetings broadcast, such as expenses to have additional staff attend every meeting.
Communications and Public Affairs Manager Gregg Schildberger said there would not be additional cost associated with broadcasting all the meetings. An employee attends nearly every meeting currently held in the Commission Chambers, he said, and in most cases, they can handle the additional workload without additional work time.
Commissioner Strand said every element of transparency that can be delivered to the public has value.
Mayor Mahoney said the equipment in the new City Hall will have advantages compared to the current equipment.
In response to a question from Commissioner Grindberg about this going far beyond the requirement in the ND Century Code for open meetings, City Attorney Erik Johnson said North Dakota’s open meeting law has requirements on quorums, notices and minutes; however, recording is not a requirement.
Commissioner Strand said the public needs to know that Executive Sessions are an exemption for recording, protected by law and confidential.
Commissioner Gehrig moved the Policy for Broadcasting and Recording all public meetings held in the Commission Chambers be approved and to make efforts to televise, livestream and webcast meetings.
Second by Strand. On call of the roll Commissioners Gehrig, Strand, Grindberg and Mahoney voted aye.
Commissioner Piepkorn voted nay.
The motion was declared carried.
State Water Commission Request for Reimbursement for FM Diversion Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $125,211.00 for cost reimbursement for the FM Area Flood Risk Management Project for July 2018. He said the request is for expenses related to projects in the Oxbow/Hickson/Bakke component of the project.
Commissioner Grindberg moved the cost reimbursement request in the amount of $125,211.00 for the FM Diversion Flood Project for expenses related to projects in the Oxbow/Hickson/Bakke component of the project be approved.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay the motion was declared carried.
State Water Commission Request for Reimbursement for FM Diversion Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $268,273.00 for cost reimbursement for the FM Area Flood Risk Management Project for July 2018. He said the request is for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project.
Commissioner Grindberg moved the cost reimbursement request in the amount of $268,273.00 for the FM Diversion Flood Project for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project be approved.
Second by 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.
Ordinance Amending Section 8-1425, of Article 8-14 of Chapter 8 of the Fargo Municipal Code Relating to Bicycles to be Placed on First Reading at the Next Regular Meeting of the Board:
Assistant City Attorney Nancy Morris said this item is to receive and file regarding bicycle penalties. She said Commissioner Piepkorn raised concerns about penalties at the last meeting and she has reviewed the Ordinances for inconsistencies. She said now most are the same as driving violations and this moves things around a bit. She said, for example, the $40.00 penalty was moved back down to a $5.00 penalty for a juvenile under age 12 riding in the downtown area on a bicycle unaccompanied.
Commissioner Piepkorn said a two-week turnaround was very good result. He said he likes the line “Share the Road and Share the Responsibility” and this is an opportunity to increase safety.
In response to a question from Commissioner Strand about whether there has been input or feedback from the bicycle community since this has been a short turnaround, Ms. Morris said this is for receive and file which gives room for public input.
Commissioner Piepkorn moved the Ordinance Amending Section 8-1425, of Article 8-14 of Chapter 8 of the Fargo Municipal Code Relating to Bicycle be received and filed and placed on first reading at the next Regular Meeting of the Board.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Ordinance Amending Section 01-0305, of Article 01-03 of Chapter 01 of the Fargo Municipal Code Relating to General Provisions to be Placed on First Reading at the Next Regular Meeting of the Board:
Commissioner Piepkorn moved the Ordinance Relating to Amending
Section 01-0305 of Article 01-03 of Chapter 01 of the Fargo Municipal Code Relating to General Provisions be received and filed and placed on first reading at the next Regular Meeting of the Board.
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Parcels of Land in Royal Oaks Addition Rezoned (3400 and 3500 Broadway and 610 37th Avenue North):
At a Hearing held on August 7, 2018 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to P/I, Public and Institutional.
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 for the Wastewater Treatment Plant on north Broadway which has been zoned AG, Agricultural since 1937 and this zone change is to change it to P/I, Public and Institutional which is the appropriate zone for such a public facility and a large two-phase project will soon begin to improve the facilities.
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.
Second by Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Section 19, Township 140 North, Range 48 West in Royal Oaks Addition, Fargo, Cass County, North Dakota:
Commissioner Grindberg moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in Section 19, Township 140 North, Range 48 West and Royal Oaks Addition, Fargo, Cass County, North Dakota be placed on first reading.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Hearing on an Application Filed by Enclave Development LLC for Payment in Lieu of Tax Exemption (PILOT) Continued to October 8, 2018:
A Hearing had been set for August 27, 2018 on an application filed by Enclave Development for payment in lieu of property tax exemption for a project at 312 11th Street North, which the applicant will use in operation of 60 to 75 housing units and amenity space.
At the August 27, 2018 meeting, the Hearing was continued to this date and hour.
Commissioner Grindberg moved that the Hearing be continued to 5:15 o’clock p.m., Monday, October 8, 2018.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application Filed by Dakota Beach Capital LLC for Payment in Lieu of Tax Exemption (PILOT) Approved:
A Hearing had been set for this day and hour on an application filed by Dakota Beach Capital LLC for payment in lieu of property tax exemption for a proposed project at 914 and 918 15th Street North near NDSU.
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 the project would be the removal of two older homes and construction of a new 16-unit apartment building with interior and exterior parking. He said no zoning change is required for this project. He said property taxes would remain at the current level for the first five years and then be based on 50% of the increased property in years six through ten. The project now pays $4,800.00 per year property taxes, he said, and that amount will continue for five years, then increase in year six to about $16,000.00 for five years and come fully on the tax rolls of about $28,000.00 in year eleven. He said there is still work to do on the Development Agreement, which will come back for the next meeting.
In response to a question from Commissioner Strand about whether this is affordable housing, Mr. Gilmour said one of the goals of the program is that rents do not exceed 150 percent of fair market rent and it is not aimed at creating lower income housing. He said there are other PILOT programs with that goal; however, this is more market rate housing. He said affordable housing depends on what ones income is, what is affordable for one may not be for someone else.
In response to a question from Commissioner Strand about Fargo’s vacancy rate for apartments, Mr. Gilmour said it is a little below nine percent. He said it varies by area; somewhat lower in the Downtown or by West Acres at about seven percent, while further out have higher vacancy rates. He said a vacancy rate of about five to six percent is where there is still competition, when it gets higher, the construction rates slow and Fargo is beginning to see that.
Commissioner Strand said he does not feel the public should contribute to targeted tax breaks and incentives when there is a high vacancy rate and a project does not contribute to affordable housing.
Mayor Mahoney said one of the Roosevelt neighborhood concerns is having students there to keep schools open and apartments may be something that helps the school system, somewhat opposite of what one may think about single-family homes.
Commissioner Piepkorn moved that the application filed by Dakota Beach Capital LLC for a 10-year payment in lieu of tax exemption pursuant to
Chapter 40-57.1, NDCC be approved as follows:
Year 0 through 5 $ 4,800.00
Year 6 through 10 $16,105.00
Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg and Mahoney voted aye.
Commissioners Gehrig and Strand voted nay.
The motion was declared carried.
Ordinance Enacting Article 3-23 of Chapter 3 of the Fargo Municipal Code Relating to Collection of Utilities and Services to be Placed on First Reading at the Next Regular Meeting of the Board:
City Auditor Steve Sprague said this is a paradigm shift on the thought process on collecting utility bills. He said it came about now due to looking at billing bare ground and parking lots for storm water runoff. He said past practice was that if a utility bill is not paid, turning off the water service could be a leverage to pay; however, now there is a need for another method if there is not a water meter. Proposed changes would make landlords and tenants both responsible for the utility bills, he said, and likely there would be fewer properties turned over for collection due to the fact that there would now be a strong collection method. He said the Auditor’s Department would prepare a list in June each year to see which properties the City would want to proceed with in this way, notice would be provided to property owners in July that their unpaid utility bill is going to be added to their property tax and then there would be a public hearing and the City Commission would be asked to approve the list in August. The timeline would be similar to that of the nuisance abatement lists.
Commissioner Strand moved the Ordinance Enacting Article 3-23 of Chapter 3 of the Fargo Municipal Code Relating to Collection of Utilities and Services be received and filed and placed on first reading at the next Regular Meeting of the Board.
Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn, Gehrig, Grindberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Dangerous Building Proceedings for a Building Located at 427 15th Avenue South Upheld:
City Attorney Erik Johnson said a public hearing was held on August 13, 2018 in the matter of an alleged dangerous building at 427 15th Avenue South. The legal owner of the building is James Peter Sabo, he said, and following testimony from Inspections Administrator Bruce Taralson, homeowners in the neighborhood and the property owner himself, a motion was approved determining the building to be a dangerous building, that the City Attorney’s office be directed to prepare and serve the owner with the appropriate Findings of Fact and Order and that staff secure removal of the structure if it is not removed within the time allowed by the Board’s order. Several days after the hearing, he said, Mr. Sabo’s attorney, Jonathan Garaas, submitted a letter to the Board asserting a number of arguments challenging the validity of the August 13th determination. He said, as it turns out that the requirement to send notice of the hearing to Mr. Sabo by certified mail; however, that did not happen. He said Mr. Garaas is correct in stating that the requirement that Mr. Sabo be sent a notice of the August 13th hearing by certified mail was not met. However, Mr. Johnson said, Mr. Sabo had actual notice of the August 13th hearing, as evidenced by the affidavits submitted to the City Commission with the agenda packet for this meeting and most notably, since Mr. Sabo actually appeared at the August 13th meeting, he was not prejudiced by the lack of written notice. Despite the lack of prejudice to Mr. Sabo, out of a sense of fairness to Mr. Sabo, Mr. Johnson suggests the Board allow Mr. Sabo an additional opportunity, with the presence of his attorney, to provide additional testimony. He said he would also ask that the Board approve the draft Findings of Fact and Order to be signed by the Mayor and served properly on Mr. Sabo which would begin the 30-day time period where he would have to demolish the building or the City would.
Commissioner Grindberg moved the letter to the City Commission from the City Attorney dated September 6, 2018, the affidavits and the August 17, 2018 letter from Jonathon Garaas be received and filed as part of this matter.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Strand, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Commissioner Grindberg moved additional testimony be provided.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Strand, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Mr. Garaas argued that due process of law has not been followed. In this case, he stated, North Dakota statute and even the City’s own ordinances, require written notice must be given to the owner prior to initiating any attempt at destruction of a dangerous building. The documents rely on a 50% rule and, he said, he feels the wrong ordinance is being cited. The definition being used is from Article 21-0402 “Standards for repair, vacation or demolition” when instead it should be Article 21-0401 “Definitions,” he said. The 50% rule from the ordinance the City is imposing is based on original value, which would have been less than $30,000.00, he said. He said if there is evidence a dangerous building can be repaired, the first duty is that the Board order it repaired. There is nothing wrong with Mr. Sabo’s building, he said, there were structural concerns and a complete remodeling of the structure was planned. Permits were issued, he said; however, an inspection in June resulted in the permit being pulled, otherwise the building would have been repaired. He said one complication was that construction of a $3,000.00 steel support beam to help support the second floor was halted when the permit was pulled and he shared a letter from a structural engineer outlining the structural deficiencies. Standards say the building could and should be repaired, he said. The building’s assessed value is at $156,000.00, he said, and once remodeled, it will be worth $225,000.00.
Commissioner Piepkorn said he is interested in hearing what Mr. Sabo has to say. He said Mr. Garaas will have the opportunity to continue with the legal process and he can pursue that with the City Attorney.
In response to a question from Commissioner Piepkorn about whether he has owned the property for 20 years, Pete Sabo, owner of 427 15th Avenue South, said he had the property for 20 years. However, he said, he had nothing to do with the house for six or seven years due to the fact that it was under a contract for deed with another party, who is the one who tore walls out.
Commissioner Piepkorn said for Mr. Sabo to have let the property remain in the condition it is in for so many years is very disrespectful to his neighbors.
Mr. Sabo said he apologized last time and he apologizes again to the neighbors. He said he made a choice to put 44 people back to work by rebuilding the Bison Turf and making it a priority before remodeling this house, plus he has had medical issues that have slowed him down.
In response to a question from Mayor Mahoney about whether he has a contractor hired who can finish the work by January 1, 2019, Mr. Sabo said he had people hired for siding the day he was told his permit was canceled and it has been sitting for a month now.
In response to a question from Commissioner Strand on whether Mr. Sabo received a certified written notice, Mr. Johnson said the City fully acknowledges that written notice of the August 13th hearing was to be sent to Mr. Sabo by certified mail, which did not happen. Mr. Sabo received actual notice and showed up at the hearing and gave commentary, he said, so he was not prejudiced. He said if Mr. Garaas were to appeal the Board’s decision to District Court likely Mr. Garaas would make the argument that written notice was not given, which the City would acknowledge.
Commissioner Grindberg moved to uphold the decision made on August 13, 2018 deeming the property at 427 15th Avenue South dangerous.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Strand, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Commissioner Grindberg moved the Findings of Fact and Order pertaining to the property at 427 15th Avenue South be approved.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Strand, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
At 6:02 p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.
Public Hearing for Comment on the 2018, Payable 2019, Tax Levy and the 2019 Preliminary Budget:
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 be heard.
Mayor Mahoney said the agenda indicated the budget would be adopted at the meeting; however, the hearing is to receive public comment on the 2019 Preliminary Budget and the next meeting will include amendments to the budget. He said the budget team has decided to look more in depth at the conflicting issues raised recently where the firefighters came forward with a wage survey that says they are underpaid while the City’s own regional survey shows something different. He said a team will be set up including Fire and Police, Human Resources and the Budget Team to go into greater depth and there may be a budget correction brought forward mid-year.
Finance Director Kent Costin said a couple years ago Cass County initiated a change in State law about budget notices and consolidating all the taxing entities onto a single page and showing an estimate of the impact of each and every tax entity’s tax levy decisions. This is the first year of this change in law, he said, and every taxpayer with a property tax bill in excess of $100.00 should have received a notice from Cass County detailing the levies, which was done to provide better information to the taxpayer to understand who was levying the tax and the implication on the individual property. Another change, he said, is that due to the fact that notice was sent to each property owner, there was no need to publish the notice in the newspaper.
Richard Olek, representing Amvets Jon Greenley Post #7, 1001 1st Avenue South, said they received the notice and while they do not have a problem with the assessment on the building, their parking lot next door increased 45.18 percent.
City Assessor Ben Hushka said he recommends Mr. Olek contact the Assessor’s office for a review. He said any property that received a value increase of 10 percent or more over the previous year would have received an increase notice in March prior to the Board of Equalization meeting in April when the actual hearings were held on valuations. He said this notice is somewhat confusing because it does have value information, not strictly budget information. There is no opportunity lost, he said, any review that could have been done in April can still be done now.
Commissioner Piepkorn said part of the issue might be that parking lots used to have no assessment at all; however, now flat parking lots are beginning to have assessments.
Mayor Mahoney closed the public hearing.
Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, September 24, 2018.
Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:16 o’clock p.m.