Far More is Happening Here

Board of City Commissioners - January 14, 2019 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., January 14, 2019.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: Fire Chief Steve Dirksen has been named Vice Chairman of the Commission for Fire Accreditation International; an art class will be offered to current and former guests of the Gladys Ray Shelter; Fargo Cass Public Health has flu vaccine available; the City issued building permits worth $515 million in 2018, up 8 percent from 2017; the Library circulated 1,026,953 print and digital items in 2018 and attendance at Library programs and events last year was 27,607; the Police Department has held down crime rates by utilizing intelligence-led policing and their efforts are becoming a model other Police Departments are emulating; MATBUS provided 2,014,738 passengers rides in 2018, an increase of 6 percent from 2017, there was a 20 percent reduction in mechanical missed trips and social media, website, rider alert and MATBUS app usage increased 68 percent; Livability.com has named Fargo No. 5 on its list of the 10 Best Places to Move to Get a Fresh Start in 2019; above-grade concrete pours on the Block 9 tower and precast assembly of the parking ramp have started; and Derek Fletcher has joined the City as Creative Services Producer.

Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved moving Item Nos. “4” and “7” from the Consent Agenda to the Regular Agenda.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Gehrig moved that the Minutes of the Regular Meeting of the Board held on January 2, 2019 be approved as read.
Second by Strand. All the Commissioners voted aye and the motion was declared carried.

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

1. 1st reading of an Ordinance Amending Section 2-0203 and Enacting Section 2-0205 of Article 2-02 of Chapter 2 of the Fargo Municipal Code Relating to Elections.

2. 2nd reading and final adoption of the following Ordinances; 1st reading 1/2/19:
a. Amending Section 7-0302 of Article 7-03 of Chapter 7 of the Fargo Municipal Code Relating to the Fire Department.
b. Amending Section 8-0305 and Enacting Section 8-0323 of Article 8-03 of Chapter 8 of the Fargo Municipal Code Relating to Regulations Governing Operators.
c. Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Penalties for Non-Criminal Violations.
d. Rezoning Certain Parcels of Land Lying in Egbert, O’Neil and Haggart’s Addition to the City of Fargo, Cass County, North Dakota.

3. Applications for property tax exemptions for improvements made to buildings:
a. Connie J. Payne, 1302 10th Street South (5 year).
b. Sam and Leah Melquist, 1311 5th Street South (5 year).
c. Stacey M. and Chad Gratton, 3007 2nd Street North (5 year).
d. Clyde Trautman, 1626 6th Street South (5 year).
e. Bryan S. and Tifanie K. Gelinske, 1602 3rd Street North (5 year).
f. Michael S. McMullen, 1409 8th Street South (5 year).
g. Rader Family LLC, 1317 14th Street South (5 year).
h. Chelsey R. Frydenlund, 2422 Demores Drive South (5 year).
i. Chad G. and Karie L. Whiting, 2713 Southgate Drive South (5 year).
j. Donald W. Gilbertson, 709 16th Street South (5 year).
k. Dave and Denise Kolpack, 1322 6th Avenue South (5 year).
l. Long T. Nguyen, 718 26th Street North (5 year).

4. Direct the City Attorney’s Office to prepare the necessary Ordinance or Ordinance Amendment to address unlawful snow depositing on private property (moved to the Regular Agenda).

5. Amended Gaming Site Authorizations for Northern Prairie Performing Arts at Pour House and O’Clevy’s.

6. Agreement for Provision of Health Services for Cass County by Fargo Cass Public Health.

7. Grant Agreement with Lutheran Social Services of North Dakota for medical screening/TB follow-up visits (moved to the Regular Agenda).

8. Voluntary National Retail Food Regulatory Program Standards (Retail Standards) Grant Program to provide Fargo Cass Public Health with Standard 2 Training of Regulatory Staff.

9. Direct the City Attorney’s Office to amend Article 21-06 of the Fargo Municipal Code to include FEMA’s policy on cumulative substantial improvements.

10. 2019 Social Service Fund allocations.

11. Acceptance of a $1,000.00 donation from Corwin Brothers for the Fargo Police Department Canine Unit.

12. Purchase of one mechanical high dump street sweeper from Northern Truck Equipment Corporation in the amount of $210,516.00 (RFP19006).

13. May-October residential curbside brush chipping program to follow the 2-week recycling schedule beginning May 1, 2019.

14. Winter closure of the rear yard sidewalks located on the southern side of the 4200 block of 49th Avenue South.

15. Lease Agreement with Jefferson Partners, L.P. to lease space at the GTC.

16. Amendment to Contract No. 38170156A with the ND Department of Transportation.

17. Temporary Encroachment/Use Agreement with Spartan Garages, LLC for property located at 1101 25th Avenue North, as well as a $500.00 use fee.

18. Updated 2019 Capital Improvement Plan.

19. Contract Amendment No. 4 with AE2S for an increase of $53,000.00 for Project No. MS-15-P0.

20. Change Order No. 1 for an increase of $38,270.00 for Project No. SN-17-A1.

21. Rescind the contract award to Mid-American Signal, reject all other proposals and issue a new RFP for Project No. TR-18-A1.

22. Bid advertisement for Project Nos. SN-19-A and SR-19-A.

23. Bills in the amount of $5,958,109.51.

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

Memorandum of Offer to Landowner Temporary and Permanent Easement from University of Northwestern – St. Paul for Improvement District No. BN-19-A1 Approved:
The Board received a communication from Land Acquisition Specialist Shawn Bullinger requesting authorization to proceed with a Memorandum of Offer to Landowner for a Temporary and Permanent Easement from University of Northwestern – St. Paul in association with Improvement District No. BN-19-A1 as recommended 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 Gehrig moved the Memorandum of Offer to Landowner Temporary and Permanent Easement from University of Northwestern – St Paul in association with Improvement District No. BN-19-A1 be approved.

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

Utility Relocation for Improvement District No. BN-19-A2 Approved:
The Board received a communication from Project Manager Roger Kluck regarding relocation of Minnkota Power’s high voltage transmission line. He said the line parallels the 52nd Avenue right-of-way and there are five locations identified by Minnkota that will need to be relocated to facilitate the street reconstruction.
Commissioner Gehrig moved the utility relocation and payment authorization in the amount of $57,000.00 to Minnkota Power for Improvement District BN-19-A2 be approved.

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

Main Avenue Street Reconstruction Update Received and Filed (Improvement District No. BR-18-A1):
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) stating the Committee discussed and provided feedback regarding the landscaping architecture plan design of the Main Avenue Street Reconstruction Project Improvement District No. BR-18-A1. They said Public Works and Forestry have reviewed the plans and have provided SRF Consulting with feedback and changes desired on the plan.
Commissioner Gehrig moved the Main Avenue Street Reconstruction Update Improvement District No. BR-18-A1 be received and filed.

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

Change Order No. 2 for Improvement District No. BN-18-G1 Approved:
Commissioner Gehrig moved Change Order No. 2 for an increase of $9,548.09 for Improvement District No. BN-18-G1 be approved.

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

Change Order No. 2 for Improvement District No. DN-18-A1 Approved:
Commissioner Gehrig moved Change Order No. 2 for an increase in the amount of $86,199.00 for Improvement District No. DN-18-A1 be approved.

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

Contract Amendment No. 4 for Improvement District No. MS-17-A0 Approved:
Commissioner Gehrig moved Contract Amendment No. 4 in the amount of $8,000.00 with Houston Engineering for Improvement District No. MS-18-A0 be approved.

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

On-Street Parking Recommendations Approved (Broadway between 2nd and 3rd Avenue North):
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) regarding proposed on-street parking changes that will come as a result of the Block 9 project.
Transportation Division Engineer Jeremy Gorden said the developer of Block 9 has talked to the Parking Commission, the Downtown Community Partnership Board of Directors, the Traffic Tech Advisory Committee and PWPEC, therefore these changes have been well vetted. He said in the southwest corner of the plaza there will be no parking, including a half-block on Broadway and a half-block on 2nd Avenue North. He said some parking spots on Broadway will switch from diagonal to parallel, three of the spots will be a drop-off zone for valet parking and those spots will wrap around to 3rd Avenue. He said an additional six parking spots will be zoned for 15-minute parking, the east end of the block will switch from diagonal to parallel and 5th Street parking remains unchanged.
Commissioner Piepkorn moved the On-Street Parking recommendations be approved.

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.

Heather Keeler-Johnson Appointed to the Native American Commission:
The Board received a communication from Mayor Mahoney recommending that Heather Keeler-Johnson be appointed to the Native American Commission to fill the vacancy created by the resignation of Ruth Buffalo. He said Ms. Buffalo’s term would have expired on June 30, 2020.
Commissioner Strand moved Heather Keller-Johnson be appointed to the Native American Commission to fill the unexpired term of Ruth Buffalo ending June 30, 2020.

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.

Small Cell Fee Discussion: 1st Reading of an Ordinance Amending Article 24-04 of Chapter 24 of the Fargo Municipal Code Relating to Wireless Telecommunications: Resolution Authorizing Wireless Telecommunication Facility Guidelines Adopted:
Division Engineer Kevin Gorder said small cells are equipment that mount to existing streetlights, traffic signals, bus stops, buildings and other structures and have emerged as wireless companies develop 5G systems. He said the Federal Communications Commission (FCC) has issued an order, effective today, on small cells, which limits local communities’ response to installation of small cells as well as provisions on what local communities can charge. He said the Small Cell Ordinance was adopted in 2017 in anticipation of the deployment of the new and changing 5G technology by multiple providers. Some applications have been received, he said; however, no small cells have been deployed in the City right-of-way. The FCC order has extensive pronouncements to facilitate the rapid deployment of 5G technology, he said, including directives to municipalities pertaining to the providers’ use of the right-of-way. He said the revisions to the Ordinance are an effort to arrive at a controlled “yes” and to demonstrate a good faith effort to work with providers to facilitate the deployment of this emerging technology for the benefit and protection of the residents of Fargo. In addition, he said, a Resolution for the adoption of the guidelines clarifies and gives effect to the FCC order. He said this includes detailed application criteria and aesthetics guidelines in order to review permit applications and ensure the restrictive time limitations, referred to as “shot clocks,” are satisfied. He said the FCC order directly addresses attachment and application fees and was presented to the Public Works Projects Evaluation Committee (PWPEC). The proposed guidelines adopt the fee approved by PWPEC as well as the application fee structure directed in the FCC order, he said. The FCC order says that state or local governments cannot prohibit deployment, fee restrictions are based on actual costs to administer and review the process, they must be reasonable to the applicant and fair between all competitors, he said. The FCC order also states aesthetics must be reasonable, he said, and be no more burdensome than other infrastructure deployments. The proposed fee schedule, he explained, would be an annual fee of $175.00 per site, with an application fee of $500.00 for up to five sites with an additional $100.00 per site after five. He said a Master Attachment Agreement would be in place for 10 years and he is recommending the applicant pay for any legal costs for preparing and processing the Agreement. Applicant responsibilities, he said, would include upgrading footings and poles if needed to support new devices, installing a new LED fixture and providing replacement poles in the event of a knockdown or other damage. He said the City is expecting a slow roll out, with 15 to 25 installations per year, per carrier and a full build out could be estimated at 60 small cells per square mile per carrier. He said to put that into context for the City at approximately 50 square miles and assuming four carriers, the potential is for 12,000 small cells in Fargo.
In response to a question from Commissioner Piepkorn, who said he has concerns about visual clutter and is there a way to limit the amount of cells in one area or could all the carriers be on one pole, Mr. Gorder said he has talked with Verizon and their concern is interference between devices. He said in general, providers are reluctant to talk about it.
Commissioner Piepkorn said the City should try to reduce the clutter as much as possible; however, everyone wants the available technology and it is something that needs to be on the City Commission’s radar.
City Attorney Erik Johnson said his team is working on the aesthetic guidelines, which will address Commissioner Piepkorn’s concerns. He said the FCC regulations are promoting the desire of society to have connectivity but at the same time, the impacts on the City are significant.
Commissioner Piepkorn moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Amending Article 24-4 of Chapter 24 of the Fargo Municipal Code Relating to Wireless Telecommunications be placed on first reading and the Resolution entitled “Resolution Authorizing Wireless Telecommunication Facility Guidelines” and referred to as Attachment “A,” be adopted and attached hereto.

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 to Transfer the Class “C” Alcoholic Beverage License from Men’s Hair World LLC d/b/a Hair Salon to Men’s Hair World LLC d/b/a Men’s Hair World at 1801 45th Street South, Suite L1 Approved:
A Hearing had been set for January 2, 2019 on the transfer of a Class “C” Alcoholic Beverage License from Men’s Hair World LLC d/b/a Hair Salon to Men’s Hair World LLC d/b/a Men’s Hair World at 1801 45th Street South.
At the January 2, 2019 Regular Meeting, the Hearing was continued to this date and hour.
City Auditor Steve Sprague said the applicant, Heidi Marie Kroetch, has set forth a 12-week plan to address the debt concerns discovered in the initial background check. He said if after that time she has cleared the debt, she would meet the qualifications for the license. He said there are three options for the applicant at this time, including: denial, which was originally recommended; delay the approval for 12 weeks to see if she meets the qualifications; or approve the transfer with the condition that if she falls off the plan and the debt is not cleared by renewal time in June, the license would not be renewed. He said Police Chief David Todd agreed the third option is the way to move forward.
Commissioner Gehrig moved the application be approved contingent upon the recommended conditions being met.

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

Resolution Adopted Approving Plat of Craigs Oak Grove Addition (43, 44 and 48 5th Avenue North, 10, 14 and 22 6th Avenue North and 505, 509, 515 and 519 Oak Street North):
A Hearing had been set for this day and hour to consider approval or denial of an application requesting a Plat of Craigs Oak Grove Addition (43, 44 and 48 5th Avenue North, 10, 14 and 22 6th Avenue North and 505, 509, 515 and 519 Oak Street North).
Current Planning Coordinator Donald Kress said the Plat includes a vacation of a public right-of-way, which requires a super majority vote for approval. He said the Plat includes seven lots zoned MR-2 and three lots zoned DMU. The Plat proposes that all ten lots be combined into a single lot, he said; however, the two zonings would remain. The PUD, he said, is leftover from an earlier proposed development and there are no zoning changes to vote on tonight. There are some right-of-way modifications, he said, including an alley and part of 5th Avenue, which will be vacated and a portion of the right-of-way dedicated to a cul-de-sac. He said there is also a subdivision waiver, which reduces the diameter of the cul-de-sac and waives the need for an additional sidewalk. There is also flood protection involved in the Plat, he said, and the applicant will grant the City a flood control easement for a new levee to be built around the project. He said the Plat also includes setback covenants and a Developer’s Agreement.
Malcom Butler, 73 South Terrace, said he did not know much about this project until just recently. He said there is concern in the neighborhood and with the Fargo Neighborhood Coalition that there is a Plat change without a plan for a development and feels the neighborhood and the developer need to talk to each other
Jessie Craig, Craig Development, said this project is two years in the making. He said he has had four neighborhood meetings and has discussed it openly; however, the plans have changed multiple times. He said he knows he cannot put the cart before the horse and he does not want to go too deep into the plan until he knows what he can build on. This is a very complex site, he said, and will not be an inexpensive project. He said he has been working with engineers, soil remediation needs to be done, there is a holding pond, a gate valve needs to be removed and many other issues. To answer the neighborhood concerns, he said, there will be multiple meetings regarding the project moving forward.
Carol Pearson, 69 North Terrace, said the Oak Grove neighborhood is a tight-knit, friendly neighborhood with historic homes and tree-lined streets that are popular with bikers and walkers. She said it is a vibrant neighborhood with homes built between 1890 and 1950 with solid bones and reasonable prices. Oak Grove is designated as a historical neighborhood, she said, and it is a unique treasure with small arts and crafts-type homes, and is known historically as Mechanics Row for the middle and lower-middle class. She said many of the homes in the Plat are among the most historic and instead of razing these homes, renovations would keep them visible and beautiful. She said another concern is the choke point of traffic due to the fact that North River Road was removed and now the only roads out are 6th and 7th Streets and a big development would drastically increase traffic flow problems. Her other concern, she said, is the aesthetics of multi-story apartments adjacent to the park, which is wild, open and free. She said the soil in the neighborhood is not stable and she lost her office in Menard Hall at North Dakota State University, therefore she knows soils matter. She said that she and her neighbors believe in growth; however, any new project should follow the design of the neighborhood and they want a project that enhances and strengthens the neighborhood.
Jordan Runsvold, 1030 Oak Street, and Treasurer of the Horace Mann Area Neighborhood Association, said he did meet with Mr. Craig in 2017 and he invites more meetings and more collaboration so they can work together to get a project together that suits the neighborhood.
Shanna Krogh, 514 Oak Street, said she and her husband have lived in the Oak Grove neighborhood for about two years and they echo the other neighbor’s concerns. She said she is open to more meetings and future collaborations.
In response to question from Commissioner Strand, asking if a Plat change is necessary before a project is envisioned, Mayor Mahoney said the developer does not know what they can build without knowing the outcome of the Plat.
Commissioner Strand said he hopes the developer and neighbors can come up with a plan everyone can embrace and he would like to see more communication on what is being proposed.
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 “Craigs Oak Grove Addition” containing 1 Lot, 1 Block and 2.9 acres of land more or less, located at 43, 44 and 48 5th Avenue North, 10, 14 and 22 6th Avenue North, and 505, 509, 515 and 519 Oak Street North; and
WHEREAS, The Plat includes the vacation of 5th Avenue North, and an alley, and a replat of part of Block 27, part of Block 28, and the vacated portions of Elm Street, Block 28 alley and 5th Avenue North, Keeney and Devitts 2nd Addition to the City of Fargo, Cass County, North Dakota, including a Subdivision Waiver to reduce the size of a cul-de-sac and a right-of-way name change; and
WHEREAS, A Hearing was held June 5, 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 December 10, 17, 24, and 31, 2018 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., January 14, 2019 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 “Craigs Oak Grove Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

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

Petition for a Zoning Change in St. Paul’s Newman Center Addition, Planned Unit Development Master Land Use Plan and Plat Continued to February 11, 2019:
At a Hearing held on June 5, 2018 the Fargo Planning Commission recommended approval of a change in zoning from MR-3, Multi-Dwelling Residential, LC, Limited Commercial and SR-3, Single-Dwelling Residential to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development and a Planned Unit Development Master Land Use Plan for 1113, 1117, 1119, 1129, 1131, 1141 North University Drive; 1112, 1118, 1122, 1126, 1130, 1134, 1138, 1142, 1146 12th Street North; 1201, 1211, 1213, 1215, 1223 11th Avenue North, Lots 1-10, Block 2, College Addition and Lots 1-4 and 15-23, Bolley’s Subdivision of Block 9 of Chapin’s Addition.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Ken Enockson, 1202 8th Street North, said the majority of comments tonight will be negative toward the development. He said the neighborhood does not have an issue with the Newman Center and its plans; the issue is the multi-family, high-density units that Roer’s Development would own. He said the project belongs in a University Mixed Use Zone and allowing this project in the Roosevelt neighborhood will set a precedent for other investors who will expect the same treatment.
Jim Laschkewitch, 1016 College Street, said he is opposed to the market-rate housing in the development and he hopes there can be a compromise. He said there are issues with the Land Development Code and he has repeatedly come before the Planning Commission and the City Commission to protect the neighborhood. He said there has been a cycle of disinvestment in the neighborhood with single family homes converted to rentals, which eliminates potential buyers and takes away affordable housing. He wants investors to help the neighborhood, he said, and has a vision for an investment cycle by working with groups such as Rebuilding Together and Habitat for Humanity. He said he would like to see a Neighborhood Revitalization or Renaissance Zone program to provide investment opportunities with an updated City process. There needs to be more code enforcers, he said, and lines need to be drawn to protect single-family homes.
Harold Thompsen, 1309 9th Street North, said his observations of the project are that is too dense, too tall and not enough parking.
Judy Thompsen, 1309 9th Street North, said she would like to see a water memorial for Samuel Trout.
Ken Lepper, 1021 8th Avenue North, is angry this project is being proposed in the neighborhood. He said he has invested in the neighborhood where he owns a single-family home and he does not want to move. He said the current zoning undermines the neighborhood and it has been used against them.
Michael Shirk, 901 11th Avenue North, said the foot traffic for the past couple of years has been reduced due to the fact that many homes are boarded up. He said in previous years he had to install a security light to keep people out of this backyard and cars were parking in his driveway. He said with this project, he is afraid those issues will return.
Jean Bultman, 1142 11th Street North, said the project will bring more traffic and more problems. She said she wants to keep the neighborhood as single-family homes and more people will create parking problems.

At 6:21 p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Larry Nygard, Roers Development, said this is a very unique project that started in 2014 with a discussion with the Newman Center. He said he met with City staff and the Roosevelt Neighborhood Association in 2016 about the objective of the project. He said the project was revised in 2017 and in 2018, after a lot of public outcry, the company took a pause and regrouped, which resulted in a complete rework of the plan. The initial concept, he said, was 24 faith-based housing units and 124 apartments, which was scaled back and townhomes were introduced. He said the project is not eliminating single-family housing as the block in question currently has only three homes that are owner-occupied and none with children.
In response to a question from Commissioner Piepkorn about the need for a continuous part of the project along University Drive, Mr. Nygard said that area will be connected by underground parking and shared amenities.
Dean Bresciani, North Dakota State University, said the University is growing and it was planned years in advance to work in cooperation with the adjacent neighborhoods. He said NDSU is expecting record enrollment and will continue to grow, which is good for the City, region and state. He said NDSU students are academically focused and they want to live close to campus. The safety of the students is critical, he said, and many of the living conditions in the rentals near campus are not ideal.
Ashley Stoppleworth and Nicolette Bitz, NDSU students, said the help they received from St. Paul’s Newman Center made them better leaders, students and members of the community. They said they are grateful to the Newman Center for helping them and are happy the Newman Center wants to continue to invest in tomorrow’s leaders.
Rebecca Knutson, President of the Fargo Board of Education, said the City needs to consider all of the students who want to live close to a school. She said she is offering her support to continue the conversation about this project and consider that it does not benefit just one institution.
Jon Fischer, NDSU student, said many of the homes in the Roosevelt neighborhood are boarded up and condemned and there have been many problems with squatters and crime. He said the Newman Center project would be a positive addition to the neighborhood.
Commissioner Strand said he hopes middle ground can be found and it is more important to get it right rather than get it done.
Commissioner Grindberg said he appreciates all of the dialogue, which has moved everyone to a higher level of professionalism and that was loud and clear tonight. He said there has been a lot of progress, including the hiring of another City Inspector. The City is enforcing codes, he said, not letting properties become run down and has taken the position to become more proactive. He said all of the neighborhood groups’ voices have been heard and he appreciates the straightforward approach.
Mayor Mahoney closed the public hearing.
Commissioner Grindberg moved the Petition for a Zoning Change in St. Paul’s Newman Center Addition, Planned Unit Development Master Land Use Plan and Plat be continued to 5:15 o’clock p.m., Monday, February 11, 2019.

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

Bid Awards for Phase 2 of the Police Department Headquarters Remodel Project Approved:
Police Chief David Todd said City Administrator Bruce Grubb has done a lot of work on leases and Deputy Chief Joe Anderson has been the Project Manager in this two-phase project that started in 2016. He said Phase 1 was completed in late 2017 and 130 personnel moved in to the north half of the building. He said squad cars now park in the warehouse area, which has increased efficiencies, there are locker rooms for all sworn officers, there is a briefing room that seats 50 people, an area to store duty bags and a fitness area with equipment acquired through donations, which has been a big morale booster. Shulz and Associates is the architect for Phase 2, he said, and the firm is engaging with various work groups on what is needed, including the fit-up of the south side of the building after BSE moves to its new building. He said the southside fit-up will be for the remaining Police Department divisions, including Administration and Investigations. He said Phase 2 includes the price of purchasing the furniture, fixtures and equipment from BSE, which is high-end and in very good condition and the building also includes a training room, which will be beneficial to all staff members. He said when Phase 2 is complete, there will be about 212 full-time staff members in the same location, which is about 20 percent of the City’s workforce. He said this is a significant project and an excellent value.
In response to a question from Commissioner Piepkorn, asking for a ballpark figure for the cost of constructing a brand new building, Chief Todd said the only comparison he is aware of is the St. Cloud (Minnesota) Police Department, who built a new facility about 10 years ago for about $23 million. He said it is a great bang for the buck buying an existing building, converting it to the needs of the Police Department, added efficiencies and plenty of parking.
In response to a question from Commissioner Gehrig about additional costs down the road, including the cost of buying the building, Chief Todd said the cost will be whatever the appraised value of the building is at the time of purchase.
City Administrator Bruce Grubb said additional costs would be signage, wiring of cameras and microphones in the interview rooms, which will be done internally by the City’s Information Services Department, and relocating evidence shelving from the old building to the new building.
Mayor Mahoney said at some point, the old Police and Public Health buildings Downtown will be sold, which will help recoup some funds.
In response to a question from Commissioner Stand asking why the City did not purchase the building, Mr. Grubb said purchase was the first option; however, BSE is leasing the building from Red River Valley Properties, a group who owns the building as an investment. He said the group wants to continue leasing it for five years and then there will be an option to purchase.
Chief Todd said the Police Department published a Request for Proposals (RFP) for Phase 2 of the Fargo Police Station Remodel Project. He said bids were opened on December 19, 2018 and low bid results were as follows:
General Contractor – Meinecke-Johnson Company $1,074,300.00
Mechanical Contractor – Peterson Mechanical, Inc. $ 203,400.00
Electrical Contractor – Grotberg Electric, Inc. $ 443,000.00
Total Bid Amount $ 1,720,700.00
Commissioner Piepkorn moved the bids for Phase 2 of the Police Department Headquarters Remodel Project be accepted as presented.

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.

No Action Taken on a Request to Direct the City Attorney’s Office to Prepare an Ordinance or Ordinance Amendment to Address Unlawful Snow Depositing on Private Property (Moved from the Consent Agenda):
The Board received a communication from Assistant City Attorney Alissa Farol stating she would like permission and direction from the Board to prepare an Ordinance making it unlawful to deposit snow on the property of another. The City has received a number of complaints from property owners about neighbors blowing or dumping snow on their property, she said, and current state and city laws do not address this concern.
Commissioner Gehrig said he asked that this item be moved to the Regular Agenda due to the fact that he had questions about enforceability and how can it be proven when there is wind. He said in this part of the country, weather conditions can change in a heartbeat, you can clear your driveway and five minutes later, it is back. The City cannot legislate good neighbors, he said; people have to talk to their neighbors. He said he lives in the Roosevelt neighborhood, his driveway runs from the street all the way to the back yard where his garage is located and he has a lot of area to cover when it snows. He said when he moved into the house, he spoke with his neighbors, asked if he could blow snow into their yard, they said “of course, just don’t hit the house.” That is what being a good neighbor is all about, he said, and he is not going to legislate how people interact with their neighbors. He said this is a civil matter and people should be adults about it.
No action was taken on this item.

Grant Agreement with Lutheran Social Services of North Dakota Approved (Moved from the Consent Agenda):
The Board received a communication from Director of Public Health Desi Fleming requesting approval of an agreement with Lutheran Social Services of North Dakota (LSS) in the amount of $2,365.00 for interpretation and translation services for new refugees health screening, physical examination and Tuberculosis (TB) follow-up visits.
Commissioner Piepkorn asked that this item be moved from the Consent Agenda to the Regular Agenda due to the fact that three years ago, the Board was told refugees were being screened for TB and he would like to know how many refugees in Fargo have TB.
Ms. Fleming said per Century Code, Fargo Cass Public Health (FCPH) is responsible for TB treatment and case management for all residents of Cass County. She said the grant money is from the Office of Refugee Resettlement, through LSS for FCPH to do case management. She said FCPH does not do medical screenings and only gets referrals after refugees are done with screenings. This money, she said, is for support of interpreting costs when FCPH sees refugee clients for TB case management
In response to a question from Mayor Mahoney asking how many refugees have come into the state with TB, Ms. Fleming said 2018 numbers were 138 cases of TB case management and 97 percent of those cases were latent TB infection, which means it is not transmissible. She said a person only transmits TB when it is active and of the 97 percent, less than 18 percent are refugees and in total, there were five active cases and none of the five were refugees. She said with any positive TB test, FCPH has to monitor it whether they get funding or not.
Commissioner Piepkorn said the City has to stop allowing refugees in to Fargo until health screenings are done and it needs to stop today. He said the Board was told this was happening three years ago and obviously, it is not. He said if a person has latent TB it can turn in to active TB anytime and it cannot be predicted. He said the City needs to stop refugee acceptance immediately and if not, people will die.
Ms. Fleming said for perspective, in the U.S. last year there were 528 deaths from TB and 80,000 influenza deaths; therefore, the City should be more concerned about influenza. She said if a person has active TB, they have symptoms of the illness and it is obvious they are sick. There are no active cases of TB in the refugee population, she said.
In response to a question from Commissioner Gehrig, asking if the City has the legal authority to stop refugee placement, City Attorney Erik Johnson said he was not aware of a point where City government can interject themselves in the placement of refugees and that issue would have to be evaluated.
Commissioner Grindberg said he is almost sure that decision cannot happen at the City Commission level.
Commissioner Piepkorn moved to stop the placement of refugees in the City of Fargo until screenings are done by the Fargo Cass Public Health Department.

The motion died for lack of a second.

Commissioner Strand moved the Grant Agreement with Lutheran Social Services of North Dakota be approved.

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

Legislative Update:
Mayor Mahoney said now that the Legislature is in session, department heads within the City are compiling lists of bills that are of importance to the City and fall under their specific area of expertise. He said when he speaks in Bismarck he wants to speak for the City and Commission as a whole according to present City policy; however, if there is debate about a specific topic, he may ask that the issue be placed on the Commission agenda for further discussion. He said a list of bills would be emailed each week to each Commissioner and if, after reading the list, a Commissioner wants to further discuss a topic, it can be placed on the City Commission agenda and the correct City department head or someone with the right expertise will be available to answer questions at the meeting.
City Administrator Bruce Grubb said as of today, there are more than 500 bills, which is a lot of reading. He said Department heads will read all of the bills and decide, depending on the subject matter, who is the expert on a particular subject and compile a separate list. Each week those separate lists will be merged into one list, along with a list of the following week’s hearing schedule, and emailed to each Commissioner member. He said he is willing to come before the Board every two weeks to discuss the bills; however, things move very quickly and he thinks this is a good system. He said he wants to maximize the Commissioner’s time and keep everyone updated about issues important to the City.
Commissioner Gehrig said receiving an emailed list of topics is a good idea so he knows about the issues.
Commissioner Strand said as long as those testifying in Bismarck reflect the City’s existing practices, he is fine with the system. He said he is not going to micromanage Department heads and their expertise; however, if something comes up about for example, taxes, incentives or caps, then it should go on the agenda for further discussion.
Commissioner Grindberg said things moves fast at the Legislature and he is in agreement to empower staff to monitor bills. He said the Commission should be talking about higher priority items, such as the Prairie Dog Bill and eminent domain.

Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Monday, January 28, 2019.

Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:35 o’clock p.m.