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Board of City Commissioners - September 24, 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 24, 2018.
The Commissioners present or absent were as shown following:
Present: Gehrig (via conference call), Grindberg, Piepkorn, Strand, Mahoney.
Mayor Mahoney presiding.
The Mayor read a statement with the following information: Finance and Auditors offices are now on different floors in the new City Hall; Fargo Cass Public Health (FCPH) has received a Barclay-Giel Seed Grant to support the Harm Reduction Center; Suzanne Schaefer has been named Director of Nursing for FCPH; flu-shot clinics at various senior centers in Fargo are planned as well as at the FCPH building; several author events are planned at the Library as part of this year’s One Book, One Community reading project; the Police Department has welcomed five new officers; the Police Department and Officer Mike Clowers continue to work as a collection point for American flags that need to be retired; and Fargo was ranked No. 19 on financial information site WalletHub’s list of 150 of the Best-Run Cities in America.

Order of Agenda Approved:
Commissioner Strand moved the Order of the Agenda be approved, moving Item Nos. “1b,” “2a” “20” and “21” from the Consent Agenda to the Regular Agenda.

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

Minutes Approved:
Commissioner Piepkorn moved that the Minutes of the Regular Meeting of the Board held on September 10, 2018 be approved as read.

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

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

1. Receive and file the following Ordinances:
a. Amending Section 8-1009 of Article 8-10 of Chapter 8 of the Fargo Municipal Code Relating to Parking Regulations.
b. Amending Sections 38-0101, 38-0103, 38-0105, 38-0106 & 38-0107, of Article 38-01 of Chapter 38 of the Fargo Municipal Code Relating to Street Lighting and Traffic Control Devices System (moved to the Regular Agenda).

2. 1st reading of the following Ordinances:
a. Amending Section 8-1425, of Article 8-14 of Chapter 8 of the Fargo Municipal Code Relating to Bicycles (moved to the Regular Agenda).
b.Amending Section 01-0305, of Article 01-03 of Chapter 01 of the Fargo Municipal Code Relating to General Provisions.
c. Enacting Article 3-23 of Chapter 3 of the Fargo Municipal Code Relating to Collection of Utilities and Services.

3. 2nd reading and final adoption of the following Ordinances; 1st reading 9/10/18:
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.
c. Rezoning Certain Parcels of Land Lying in Section 19, Township 140 North, Range 48 West and Royal Oaks Addition Fargo, Cass County, North Dakota.

4. Receive and file General Fund – Budget to Actual through August 31, 2018 (unaudited).

5. Agreement for the Financial Support of Valley Water Rescue.

6.Applications for Games of Chance:
a. Achievements Unlimited Foundation for a raffle board on 10/12/18.
b. Home Builders Care of Fargo-Moorhead Foundation for a raffle on 10/9/18.
c. River Keepers for a raffle on 10/14/18.
d.Bennett Elementary PTA for bingo from 10/5/18 through 2/1/19.
e. Great Plains Food Bank for a raffle on 11/20/18; Public Spirited Resolution.
f. Freedom Resource Center for a raffle on 10/4/18.
g. Oak Grove Lutheran (Parent Organization) for a raffle on 10/5/18.

7. Change Order No. 4 for an increase of $38,880.00 with Western Specialty Contractors for additional deck recoating work at the Island Park Ramp.

8. Bid award in the amount of $38,200.00 to A&R Roofing Co. for roof replacement at Fire Station No. 3 (RFP18282).

9. Agreement for Services with Nate Hendrickson for the administration and instruction of Child Care Physical Activity Health Code training.

10. Agreement for Services with the ND Department of Health for Stepping On workshops.

11. Service Agreement with Fargo Public Schools for Special Education services for the 2018-2019 school year.

12. Agreement for Services with Samantha Nienow to build an online training module Supporting Breastfeeding in Child Care.

13. Amendment to Agreement with Janice Tweet.

14. Recipient of Inaugural Barclay-Giel Seed Grants from the Public Health Service Foundation.

15. Direct the City Attorney’s Office to work with the Health Department to review and update Article 25-33 regarding tattoos, body art and piercings.

16. Resolution Approving Inspection Fees, License Fees, Permit Fees and Reinstatement Fees – Environmental Health (Attachment “A”).

17. North Dakota Department of Transportation Traffic Safety Contract (CFDA #s 20.616 and 20.600).

18. Transition of the contract position for Municipal Court Bailiff to a FTE Sworn Police Officer.

19. Letter expressing general support for the additional housing proposed with The Edge 2 at 1329 5th Avenue North.

20. Acceptance of the Kresge and Bush Foundation grant awards for the implementation of the next phase of The Fargo Project for Integrating Creative Placemaking into Inclusive Urban Planning (moved to the Regular Agenda).

21. Direct Planning Staff and the Community Development Committee to further explore Community Land Trust with the FM Area Foundation (moved to the Regular Agenda).

22. Forward Contract to Northdale Oil, Inc. for fuel in the 1st and 2nd quarters of 2019 (RFV18208).

23. City of Fargo Bus Advertising Wrap Agreement Advertising Agreement No. 18-F12 with WDAY.

24. Amendment to Engineer-Owner Agreement No. 3 with KLJ in the amount of $3,000.00 for Project No. FM-15-K0.

25. Purchase Agreement in the amount of $335,000.00 with Norman D. and Jodi J. Robinson for property located at 763 Royal Oaks Drive North (Project No. FM-19-B).

26. Bid award in the amount of $74,234.00 to VCI Environmental, Inc. for City Hall Asbestos Abatement.

27. Contract and bond for Project No. WW1701 (Phase II).

28. Bills in the amount $7,524,013.92.

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.

Memorandum of Offer for Temporary (construction) Easement with Perry Real Estate Fargo South, LLC 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 Construction Easement with Perry Real Estate Fargo South, LLC in association with Improvement District No. BN-19-A1 has been recommended for purchase by the City Engineering office. He said the City will pay Perry Real Estate Fargo South, LLC $1,775.00 for the easement.
Commissioner Strand moved the Memorandum of Offer for temporary (construction) easement with Perry Real Estate Fargo South, LLC in association with Improvement District No. BN-19-A1 be approved.

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.

Early Building Permit for Property at 1860 Sheyenne Loop North Approved (Improvement District No. BN-18-K1):
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) stating the committee reviewed an application for an early building permit submitted by S&G Partners, LLC for a building at 1860 Sheyenne Loop North. They said the applicant will provide a deposit in the amount of $5,600.00 that could be used to repair any impacts from the site construction to the municipal project.
Commissioner Strand moved the Early Building Permit for Property located at 1860 Sheyenne Loop North (Improvement District No. BN-18-K1) be approved.

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.

Change Order No. 1 and Time Extension for Improvement District No. FM-17-C1 Approved:
The Board received a communication from the Public Works Evaluation Committee (PWPEC) stating the contractor is seeking a change order and time extension due to unsuitable soil for LOMR fill use. They said the settlement reached with the contractor is a 20-day time extension to allow time to complete the levee and get better fill dirt moved for the LOMR and street fill in Bison Meadows. They said the change order also includes an additional payment for restoration of the new borrow areas in the amount of $95,552.50.
Commissioner Strand moved Change Order No. 1 for an increase of $95,552.50 and a 20-day Time Extension for Improvement District No. FM-17-C1 be approved.

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.

No Protests Received for Storm Sewer Lift Station, Storm Sewer and Incidentals Improvement District No. NN-18-A1:
The Statutory Resolution of Necessity for the construction of Storm Sewer Lift Station, Storm Sewer and Incidentals Improvement District No. NN-18-A1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on August 20 and 27, 2018 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Strand moved that the Board declare that no protests have been filed to the construction of Storm Sewer Lift Station, Storm Sewer and Incidentals Improvement District No. NN-18-A1.

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.

Bids Received for Storm Sewer Lift Station, Storm Sewer and Incidentals Improvement District No. NN-18-A1:
The bids for Storm Sewer Lift Station, Storm Sewer and Incidentals Improvement District No. NN-18-A1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., Wednesday, September 19, 2018 and the bids were found to be as follows:

CC Steel, LLC Fargo, ND
Bid: $1,498,468.20

John T. Jones Construction Company Fargo, ND
Bid: $1,546,891.00

Swanberg Construction, Inc. Valley City, ND
Bid: $1,554,498.75

Key Contracting, Inc. West Fargo, ND
Bid: $1,628,812.00

Industrial Contract Services, Inc. Grand Forks, ND
Bid: $1,698,272.75

Industrial Builders, Inc. West Fargo, ND
Bid: $1,911,991.80

Contract for Storm Sewer Lift Station, Storm Sewer and Incidentals Improvement District No. NN-18-A1 Awarded to CC Steel, LLC in the Amount of $1,498,468.20:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Storm Sewer Lift Station, Storm Sewer and Incidentals Improvement District No. NN-18-A1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received September 19, 2018 for Storm Sewer Lift Station, Storm Sewer and Incidentals Improvement District No. NN-18-A1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Storm Sewer Lift Station, Storm Sewer and Incidentals Improvement District No. NN-18-A1 shows the bid of CC Steel, LLC of Fargo, North Dakota in the sum of $1,498,468.20 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 CC Steel, LLC in the sum of $1,498,468.20 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Storm Sewer Lift Station, Storm Sewer and Incidentals Improvement District No. NN-18-A1 in the City of Fargo, North Dakota, be and the same is hereby awarded to CC Steel, LLC for the sum of $1,498,468.20, 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 Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Strand, Piepkorn, Gehrig, Grindberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Bids Received for Sanitary Sewer, Water Main, Storm Sewer and Incidentals Improvement District No. UN-18-B1:
The bids for Sanitary Sewer, Water Main, Storm Sewer and Incidentals Improvement District No. UN-18-B1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., Wednesday, September 19, 2018 and the bids were found to be as follows:

Fox Underground, Inc. Fargo, ND
Bid: $662,801.75

Dakota Underground Company Fargo, ND
Bid: $678,528.60

Dirt Dynamics Fargo, ND
Bid: $700,219.31

Ryan Contracting Company Elko, MN
Bid: $748,234.80

CC Steel, LLC Fargo, ND
Bid: $873,715.50

RL Larson Excavating, Inc. St. Cloud, MN
Bid: $881,504.30

J.R. Ferche, Inc. Rice, MN
Bid: $1,067,002.70

Contract for Sanitary Sewer, Water Main, Storm Sewer and Incidentals Improvement District No. UN-18-B1 Awarded to Fox Underground, Inc. in the Amount of $662,801.75:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Sanitary Sewer, Water Main, Storm Sewer and Incidentals Improvement District No. UN-18-B1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received September 19, 2018 for Sanitary Sewer, Water Main, Storm Sewer and Incidentals Improvement District No. UN-18-B1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Sanitary Sewer, Water Main, Storm Sewer and Incidentals Improvement District No. UN-18-B1 shows the bid of Fox Underground, Inc. of Fargo, North Dakota, in the sum of $662,801.75 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 Fox Underground, Inc. in the sum of $662,801.75 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Sanitary Sewer, Water Main, Storm Sewer and Incidentals Improvement District No. UN-18-B1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Fox Underground, Inc. for the sum of $662,801.75, 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 Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Strand, Piepkorn, Gehrig, Grindberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Contract for Drain Improvements and Incidentals Improvement District No. DN-18-A1 Approved:
Commissioner Strand moved approval of the Contract between the City of Fargo and Key Contracting, Inc. for Drain Improvements and Incidentals Improvement District No. DN-18-A1 in the City of Fargo, North Dakota.

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.

Contract Bond for Drain Improvements and Incidentals Improvement District No. DN-18-A1 Approved:
Commissioner Strand moved approval of the following described Contract Bond as to sufficiency:
Western Surety Company, in the amount of $1,419,233.50, for Drain Improvements and Incidentals Improvement District No. DN-18-A1 in the City of Fargo, North Dakota.

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.

Update from the Greater Fargo Moorhead Economic Development Corporation:
Joseph Raso, President of the Greater Fargo Moorhead Economic Development Corporation (GFMEDC), presented the Fargo Quarterly Update, which covered June through August 2018 and he outlined its various programs in relation to the City. He said he has 25 years of experience working in the economic development field in the Midwest, most recently in Colorado. He said his mission in Fargo is to focus on primary sector jobs, those that bring money into the region. He said the primary sector is the first need, which trickles to local businesses. He said year-to-date, six of twelve total Guaranteed Investment Fund loan approvals are from Fargo, totaling $632,000.00 in loan funds and part of $41.6 million in capital investments by the companies. He stated that $66.00 of every $1.00 of a loan comes back to grow the economy. He said the GFMEDC is working on recruitment projects, including a potential U.S. Department of Agriculture office in Fargo. He also said that the United Way, the F-M Foundation, the Chamber of Commerce and the Fargo-Moorhead Convention and Visitors Bureau have launched the liveinfargo.com website for those who want to inform the rest of the world what it is like to live in Fargo and all the wonderful things offered in Fargo. He said he attended a Workforce Development Council meeting and met with the human resources team at Sanford Health to discuss how the GFMEDC can support Sanford’s recruiting initiatives. The GFMEDC has created talking points, he said, to assist investors and partners when talking about the GFMEDC. In addition, he said, the F-M Ambassador page on Facebook has increased to more than 290 members and gives members the ability to learn about and sell Fargo. He said the GFMEDC will host an FM Welcome Party in October.

Commissioner Grindberg said he appreciates Mr. Raso’s comments about the primary sector and looks forward to working with him. Mr. Raso’s leadership and tenure in other states brings a perspective as the debate continue on incentives. He said he hopes Mr. Raso can assist in advancing the topic of incentives and show the true meaning of return on investment.

In response to a question from Commissioner Strand asking what degree English Learning Language (ELL) classes can help with workforce needs, Mr. Raso said many organizations can play a role in assisting with workforce needs such as ELL, including the United Way.

Mr. Raso said while he was working in Colorado he heard a lot of buzz about Fargo and the City is on the map in a big way. He said his role is to take the authentic messaging about Fargo and share it. He said if the GFMEDC does not brand Fargo in an authentic way, someone else will.

Hearing on a Dangerous Building Located at 1101 7th Street North Continued to October 22, 2018:
A Hearing had been set for this day and hour on a dangerous building located at 1101 7th Street North.
The Board received a communication from Inspections Administrator Bruce Taralson requesting that the hearing be continued to Monday, October 22, 2018.
Commissioner Piepkorn moved the hearing be continued to 5:15 o’clock p.m., Monday, October 22, 2018.

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.

Application Filed by SMC Fargo JV, LLC d/b/a Fargo Courtyard for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by SMC Fargo JV, LLC d/b/a Fargo Courtyard for a Class "ABH" Alcoholic Beverage License at 2249 55th Street South, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.

Police Chief David Todd said the “ABH” license would allow the Courtyard by Marriot to serve “on-sale” or “off-sale.” He said the application is mainly to allow the hotel to have a bistro that would offer alcoholic beverages. He said this type of business model is common for most Courtyard by Marriot locations in the country.
Commissioner Piepkorn moved the application be approved.

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

Thomas Jefferson and Bryce Alme Johnson Reappointed to the Housing and Redevelopment Authority:
The Board received a communication from Mayor Mahoney recommending that Thomas Jefferson and Bryce Alme Johnson be reappointed to the Housing and Redevelopment Authority.
Commissioner Strand moved Thomas Jefferson and Bryce Alme Johnson be reappointed to the Housing and Redevelopment Authority for three-year terms ending September 30, 2021.

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

Appointment of Members to the Fargo Youth Initiative for the 2018-2019 School Year Approved:
The Board received a communication from City Commissioner Tony Gehrig on his recommendations for appointments to the Fargo Youth Initiative (FYI) for the 2018-2019 academic school year. He said he would like to recommend the following interested participants:
Returning members: Martha Denton (North-12), Tate Fisher (North-12), Ameena Jovonovich (North-11), Jack Lingle (Davies-11), Morgan Mastrud (North-12), Hadley Mineer (North-11), Juliet Sampson (Davies-12), Ed Shen (Davies-12).
New members: Grace Beauchamp (Shanley-12), Kaitlyn Bellum (Oak Grove-12), Chloe Bry (South-11), Olivia Drake (Davies-10), Yvonnah Marshall (South-10), Erika Spanjer (North-9), Kha (Andy) Tao (Davies-9), Mya Winjum (Davies-11).
Commissioner Grindberg moved the members be appointed to the Fargo Youth Initiative for the 2018-2019 school year as recommended.

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.

Tax Levies for the Budget Year Beginning January 1, 2019 and Ending December 31, 2019 Approved:
Mayor Mahoney said highlights of the 2019 budget include continuation of current major initiatives such as: the Police Department lease of Border States Electric corporate offices; permanent flood protection; the Red River Water Supply Project; the new water treatment plant startup; focus on neighborhoods and code enforcement; opioid reduction efforts with treatment options; and a portion of the General Fund Capital funded through the Capital Project Fund. He said new initiatives include: reorganization of the Engineering and Inspections Departments; the hiring of a Facilities Manager; a new pumper truck for the Fire Department; and completion of a market personnel wage survey. He also said initial hikes in utility fees were lowered at the request of Commissioner Piepkorn.

In response to a question from Commissioner Strand asking about Fire Department wages, Mayor Mahoney said Human Resources Director Jill Minette is preparing local and regional data to look at what the City needs to do in the market and hopefully there will be funds mid-budget to make some changes. He said the goal of salaries for Fire Department personnel is that the City wants to be in the market. He said the Fire Department is losing veteran firefighters and the City wants to retain its workforce. He said he does not want to give false hope that this survey and study will take 30 days; it will take time.

Commissioner Gehrig said the Link FM bus premise was to help provide parking for City employees during construction of the new City Hall; however, it was never really used for that purpose. He said cutting the Link FM from the budget could save $150,000.00.

Commissioner Piepkorn said Link FM started a few years ago and with the construction of Block 9 now and for the next two years, pressure for parking downtown will be more than ever and it would not be prudent to end the route now. He said with changes at the Moorhead Center Mall, changing the route could be an option.

Commissioner Gehrig moved the Link FM route be eliminated.
The motion died for lack of a second.

Commissioner Gehrig said now that Police vehicles park indoors and the number of employees requested and approved is less, all of these things would reduce the amount of funds needed in the vehicle maintenance fund.

Mayor Mahoney said Public Works Director Ben Dow reviewed the vehicle maintenance fund and it is as tight as it can be.

Commissioner Gehrig moved the vehicle maintenance fund be reduced.
The motion died for lack of a second.

Commissioner Gehrig said the $500,000.00 Arts and Social Services Fund should be eliminated and those funds used for property tax relief. He said it does not make sense that the City is not reducing any mills for property tax relief, pay for firemen is an issue and everyone is saying how tight things are in the budget, yet at the same time the City is using taxpayer dollars to fund charities.
Commissioner Gehrig moved the Arts and Social Services Fund be eliminated and the funds be used for property tax relief.
The motion died for lack of a second.

Commissioner Gehrig said the Cost of Living Adjustment (COLA) in this year’s budget is 2 percent across the board. He said that adds up to about $1 million. He said the City is lagging in wages for employees in the low- and mid-range, and employees in the higher range of pay tend to stick around a long time.
Commissioner Gehrig moved that the City move to a 3-2-0 model for pay increases.
The motion died for lack of a second.

Commissioner Gehrig said the Reserve Fund is about $10 million bigger than its stated purpose; therefore, that fund’s purpose should be changed or that fund drawn back.
Commissioner Gehrig moved that $500,000.00 be allocated from the Reserve Fund to be used for property tax relief.
The motion died for lack of a second.

Commissioner Gehrig said the proposed budget is not going up by 1.9 percent; it is going up 6 percent. He said the City took $4 million from the General Fund and moved it to a different fund. He said there is no relief for property taxes, utility costs are going up when they should be going down due to regionalization, and the Board cannot even remove small things such as Link FM. He said he does not see any end in sight and he will not be approving this budget.

Commissioner Strand said he commends Commissioner Gehrig for standing up for what he believes in; however, this budget was developed over many months and perhaps Commissioner Gehrig should have advanced his concerns earlier so they did not come up at the 11th hour. He said he is not, at this final moment, going to turn the budget upside down.

Commissioner Gehrig said he did bring up in the past cuts to Link FM, arts and social services, reserves and changes in the COLA, not just in this final hour. He said he wants the public to know about these things. He said the changes he is proposing could save $2.5 million to $3 million and there are certainly more he wants to bring to the Board’s attention. He said he was hoping that at least some of his motions would pass.

In response to a question from Commissioner Strand, asking if the City is prepared for flexibility in the budget to increase public safety in light of the upward trend of violent crimes, Police Chief David Todd said since he was named Chief four years ago, there have been 30 personnel added and the Commission has shown excellent support for the Police Department. He said he understands the challenges of this being a tough year financially; however, the fact that the Board is willing to look at personnel mid-year is satisfactory. He said as far as an upward trend in violent crimes, there have been five homicides in Fargo so far this year, which is unusual. He said there is some type of connection with all of these homicides and there is not a public danger.
Commissioner Piepkorn moved the 12-month budget beginning January 1, 2019 and ending December 31, 2019 be approved as follows:

General Fund $98,238,000

Special Revenue Funds:
City Share of Special Assessments $586,000
Noxious Weeds 25,000
Convention Bureau 2,267,355
Regional Law Enforcement Training Center 80,534
Court Forfeits 160,000
Skyway Maintenance 176,000
Downtown Business Improvement District 330,000
Neighborhood Revitalization Initiatives (NRI) 5,150
Community Development Block Grants 665,838
HOME Program 30,000
Neighborhood Stabilization Grant 148,025
HOME Projects 536,782
Parking Authority Operations 1,952,007
Parking Repair and Replacement 756,750
Newman Outdoor Stadium 220,000
Total Special Revenue Fund Expenditures $7,939,441

Debt Service Fund Expenditures $70,818,685

Enterprise Funds:
Water $31,028,661
Solid Waste 18,133,318
Wastewater 15,994,132
Forestry 2,385,743
Street Lighting 3,147,792
Storm Sewer 2,042,877
Vector Control 695,600
Southeast Cass Sewer 48,700
FARGODOME 7,321,027
Airport Authority 41,026,349
Total Enterprise Fund Expenses $121,824,199

Pension Trust Funds:
City Employee Pension 3,511,000
Police Pension 4,250,500
Total Pension Trust Funds $7,761,500

Grand Total - All Funds $306,581,825
Preliminary Tax Levies Are:
General Fund 47.90
City Share of Special Improvements 1.10
Airport Construction 2.00
Total Proposed Mills to be Levied for 2018 Budget 51.00

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

Ordinance Relating to Street Lighting and Traffic Control Devices System to be Placed on 1st Reading at the Next Regular Meeting of the Board (Moved from the Consent Agenda):
Division Traffic Engineer Jeremy Gorden said he worked with Assistant City Attorney Nancy Morris on revising the Ordinance to create the street light and traffic control utility fund to bring in revenue.

In response to a question from Commissioner Strand asking to what degree this Ordinance will impact customers and to what degree will it relieve special assessments for street and traffic lights, Mr. Gorden said it will cost an additional $1.00 per month for a single family residence, apartments will be $2.00 to $4.50 and commercial will be $8.00 to $16.00. He said the rates will not have any impact on special assessments. He said the fee is strictly for maintenance of street and traffic lights and with this change, seven employees will be funded and their purpose is to maintain what the City currently has.

Commissioner Piepkorn said the main focus of replacing street lights and updating traffic signals has been in older neighborhoods and it is being done one neighborhood at a time. He said this is a public safety issue and to fix what is broken.

Commissioner Gehrig said the maintenance service used to come out of the general fund, now it has been moved out and is funded differently; therefore, it looks like the fund is going down when in fact it is not.

Commissioner Strand moved to receive and file an Ordinance Amending Sections 38-0101, 38-0103, 38-0105, 38-0106 and 38-0107, of Article 38-01 of Chapter 38 of the Fargo Municipal Code Relating to Street Lighting and Traffic Control Devices System and that the Ordinance be placed on first reading at the next Regular Meeting of the Board.

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

Ordinance Relating to Bicycles to be Placed on 2nd Reading at the Next Regular Meeting of the Board (Moved from the Consent Agenda):
Commissioner Strand said he asked that this item be moved to the Regular Agenda due to the fact that he had heard comments from several community members and he wanted to make sure the Board had satisfactorily engaged the community in the discussion.

Chief Todd said the average fine is $5.00 for bicycles and the change in the Ordinance reflects what a traffic offense would cost, whether it is a bicycle or motor vehicle. He said the Police Department does advocate for bicycle safety and it is talked about at picnics, unity events, schools and parks and the Police Department also partners with groups to give out bicycle helmets. He said a $5.00 fine for a bicycle violation is not much of a deterrent and officers are not writing the tickets due to the amount of resources required for that $5.00 ticket, including the officer’s time and processing it at court. He said a $20.00 fine is more in line with moving violations.

Justin Kristan, 508 19th Avenue West, West Fargo, said he is not opposed to the fines and agrees that the fines should align with those for motorists. Changes in the fine structure, he said, should be data-driven by citations that are served, not by some subjective feeling. He said some people like bicycles and some do not; however, those who are creating dangerous situations should be fined. He said money talks; however, he feels there needs to be a deeper discussion and a standardized fine structure.

Dan Farnsworth, Transportation Planner at MetroCog, said everyone wants to see increased bicycle safety. He said it is good to get comments from the public and perhaps create some type of marketing campaign for bicycle safety. He said he would approve of whatever it takes to get people to follow the rules of the road. He said he endorses increased fines if it promotes safety.

In response to a question from Commissioner Strand, asking if bicycle fines are a high priority for law enforcement, Commissioner Piepkorn said safety is the issue, especially with children due to the fact that they do not know the rules of the road. He said comments he received from bicycle riders have been positive and this is an opportunity for more safety to get bicyclists to follow rules of road.

John Peterson, Fargo, said he does not have a problem with higher fines. He said if someone in a car hits him, it is serious and it is just as serious if he is on his bicycle and causes an accident; therefore, he is for more enforcement.

Commissioner Piepkorn moved first reading of an Ordinance Amending Section 8-1425, of Article 8-14 of Chapter 8 of the Fargo Municipal Code Relating to Bicycles and that the Ordinance be placed on second reading at the next Regular Meeting of the Board.

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

Kresge and Bush Foundation Grant Awards for the Implementation of the Next Phase of The Fargo Project for Integrating Creative Placemaking into Inclusive Urban Planning Approved (Moved from the Consent Agenda):
Commissioner Strand said he asked that this item be moved to the Regular Agenda to let people know about this good news and to continue the evolving dialogue in the community about inclusion and diversity.

Planning Administrator Nicole Crutchfield said the Kresge and Bush Foundation grants are a way to get more people around the table and bring in other parts of the community. She said the work involves various groups including the Human Relations Commission, the Arts and Culture Commission, the Community Development Committee, the Police Department, the Health Department and other agencies and non-profit organizations. She said the next step is to develop a community-wide needs assessment, build community-wide partnerships with other agencies and non-profits, problem identification and creative problem solving through artist-led activities, implementation and demonstration of solutions. She said the City will receive $10,000.00 from the Bush Foundation and the Kresge Foundation awarded a $250,000.00 grant, both for The Fargo Project. She said there are no match requirements for either grant; however, the grants do build on in-kind programs already in process.

Commissioner Grindberg moved the Kresge and Bush Foundation Grant Awards for the Implementation of the Next Phase of The Fargo Project for Integrating Creative Placemaking into Inclusive Urban Planning be approved.

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.

Planning Staff and Community Development Committee Directed to Further Explore a Community Land Trust with the FM Area Foundation (Moved from the Consent Agenda):
Planning Director Nicole Crutchfield said the Community Development Committee has been working on the Community Land Trust idea for more than a year. She said interns in the Planning Department worked with the F-M Area Foundation and its Executive Director Tim Beaton to answer questions on how a Community Land Trust could be used as a tool for affordable housing.

Mr. Beaton said the goal is to create the Cass-Clay Community Foundation, a separate entity from the F-M Foundation. In order to start the foundation, he said, by-laws will have to be created, there will have to be an application for nonprofit status and so on. He said Planning staff and the Community Development Committee have performed research on the benefits of a land trust and think a land trust would be a beneficial tool for assisting with housing solutions and developing wealth for residents in the community. He said there are many successes attributed to land trusts throughout the country and his group is further analyzing how these benefits can translate to the Fargo-Moorhead community. He said further investigation is needed; however, this is an initial step and the group will be asking the City to appoint someone who can work directly with the Foundation going forward.

Commissioner Strand said this is not an end-all solution; however, it can be used as part of the solution for workforce housing and development and is a win for everyone. He said this is the beginning of something terrific.

In response to a question from Commissioner Grindberg, asking where this will be a year from now, Mr. Beaton said there is some activity now and it is usually three years for a land trust to be sustainable; however, he said there are projects now that are ready to go.

In response to a question from Commissioner Grindberg asking if the land trust has any tentacles to the Opportunity Zone, Strategic Planning and Research Director Jim Gilmour said the Opportunity Zone is for profit enterprises. He said with the land trust there would be upfront costs for the land, which is the key to getting it off the ground.

In response to a question from Commissioner Piepkorn asking if a building on land trust land could be mixed-use or does the entire property have to be for housing, Mr. Beaton said anything could be on the land, including retail or a combination of housing and retail. He said when the cost of the land is removed, a mortgage could be less than rent. He said one of the concerns was banks would not issue loans for homes on land trust land; however, banks do it all over the country.

Commissioner Strand said there are 288 land trusts in the United States and the biggest one is in Burlington, Vermont. He said the City of Fargo can define what its land trust is and make it what it wants to be and it is fun to think about it.

Commissioner Strand moved to direct Planning Staff and the Community Development Committee to further explore a Community Land Trust with the FM Area Foundation.

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.

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, October 8, 2018.

Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:22 o’clock p.m.