Far More is Happening Here

Board of City Commissioners - January 28, 2019

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 28, 2019.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn, Strand, Mahoney.
Mayor Mahoney presiding.

The Mayor read a message with the following information: The FARGODOME finished 2018 with an operating surplus 7 percent higher than budgeted and attendance at events last year was more than 543,000 people; the North Dakota Department of Health completed a site visit at Fargo Cass Public Health; January is Cervical Health Awareness Month; the Inspections Department and the
Home Builders Association of Fargo-Moorhead will cohost an open house on April 11th in the Inspections Department where citizens and contractors can talk about code changes with Inspectors and learn about the department’s new software that will ease the permitting process; programs at the Library over the next two weeks will include Crafternoon sessions, Current History Book Club, Discovery Play sessions, Project English and Beginner Yoga for Adults; Fargo Police Officer Dan Bair was named the Officer of the Year and the Police Department has released a new recruiting video on its Facebook page; Livability.com has placed Fargo No. 3 on the list of “The 7 Most Recession-Proof Cities in the U.S;” and the February 11th City Commission meeting will be held in the new Chambers in the new City Hall.

Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved moving Item No. “10” from the Consent Agenda to the Regular Agenda and adding an update on snow removal.

Second by Grindberg. 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 14, 2019 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. 2nd reading and final adoption of the following Ordinances; 1st reading 1/14/19:
a. Amending Section 2-0203 and Enacting Section 2-0205 of Article 2-02 of Chapter 2 of the Fargo Municipal Code Relating to Elections.
b. Amending Article 24-04 of Chapter 24 of the Fargo Municipal Code Relating to Wireless Telecommunications.

2. Applications for property tax exemptions for improvements made to buildings:
a. Gary J. and Amie C. Haugo, 808 8th Street South (5 year).
b. Brian J. and Edith A. Lee, 2201 North Flickertail Drive South (5 year).
c. Zachary P. and Trisha J. Johnson, 1701 14th Street South (5 year).
d. Brent and Dawn Barth, 1621 7th Avenue South (5 year).
e. Martin P. and Mona L. Heggedal, 138 Prairiewood Drive South (3 year).
f. Reuben D. and Beth M. Viland, 182 Prairiewood Drive South (3 year).
g. Brooke E. Austin, 1625 3rd Street North (5 year).
h. Maury C. and Sharon T. Morgan, 2101 8th Street North (5 year).
i. Andrew J. Myer, 1617 8th Street South (5 year).
j. Joshua D. and Rebekah K. Nelson, 1802 18th Street South (5 year).
k. Andrew P. and Billiejo A. Shae, 1813 8th Street South (5 year).

3. Applications for Games of Chance:
a. BIO Girls for a raffle on 4/5/19.
b. St. John Paul II Catholic Schools for a raffle on 4/27/19.
c. Muskies Inc. F-M Chapter for a raffle on 2/7/19.
d. Nativity Elementary for a raffle board on 2/1/19.
e. Boosters of ND Elite Dancers “bonded” for a raffle on 2/17/19.

4. Pledged securities as of 12/31/18.

5. Purchase Agreement with BDN Properties, LLP for properties located at 665 and 683 Royal Oaks Drive North

6. Grant Award and Acceptance from the Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $7,150.00 and designate the Rape and Abuse Crisis Center as a pass-through grant recipient (CFDA #16.738).

7. Agreement for Services with Gia Rassier.

8. Agreement for Services with Annie Wood.

9. Notice of Grant Award from the ND Department of Health for HIV Prevention Activities/Syringe Services Program Grant and Purchase of Service Agreement from the ND Department of Health for HIV Prevention Activities for HIV/HCV Counseling, Testing and Referral (CFDA #93.940).

10. Purchase of Service Agreement from the ND Department of Health for targeted testing for TB Infection and Treatment (CFDA #93.116) (moved to the Regular Agenda).

11. Agreement for Services with Erica Frank.

12. Agreement for Services with Janice Tweet.

13. Acceptance of the FY 2018 State Homeland Security Grant Program award in the amount of $75,363.00.

14. Memorandum of Understanding Regarding Ed Clapp Elementary and Dr. James Carlson Library.

15. Bid award to Hartland Fuels in the amount of $666,266.16 for fuel purchase in the 3rd and 4th Quarters of 2019 (RFV19007).

16. Cancellation of the Sales Agreement with Butler Machinery for the purchase of one crawler dozer (RFP18310) and reissue a new RFP.

17. Bid award to CapFirst Equipment Finance in the amount of $55,930.00 per year for 5 years for one motorgrader with wing (RFP18302).

18. Contract Amendment No. 2 with Houston Engineering in the amount of $14,952.00 for Project No. MS-14-20.

19. Contract Amendment No. 1 with Flint Group in the amount of $6,892.50 for Project No. MS-18-F0.

20. Agreement for Engineering Services with Houston Engineering, Inc. in the amount of $213,168.00 for Project No. BN-19-A3.

21. Bid award to Absolute Marketing for marketing services at Transit (RFP19005).

22. Receive and file the MATBUS Transit Facility Study.

23. Bills in the amount of $9,263,294.62.

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

Negative Final Balancing Change Order No. 2 for Improvement District No. PR-18-F1 Approved:
Commissioner Strand moved Negative Final Balancing Change Order No. 2 in the amount of -$38,396.98 for Improvement District No. PR-18-F1 be approved.

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

Change Order No. 1 and Time Extension for Improvement District No. UN-18-B1 Approved:
Commissioner Strand moved Change Order No. 1 for an increase of $9,522.64 and a time extension to June 18, 2019 for Improvement District No. UN-18-B1 be approved.

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

Change Order No. 8 and Time Extension for Improvement District No. BN-17-B1 Approved:
Commissioner Strand moved Change Order No. 8 for an increase of $8,580.00 and a time extension to May 15, 2019 for Improvement District No. BN-17-B1 be approved.

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

Contract Amendment No. 2 for Improvement District BN-17-A3 Approved:
Commissioner Strand moved Contract Amendment No. 2 with KLJ in the amount of $176,644.63 for Improvement District No. BN-17-A3 be approved.

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

Cost Participation and Maintenance Agreement with the NDDOT for Reconstruction of Main Avenue Approved (Improvement District No. BR-18-A1):
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) regarding a Cost Participation and Maintenance (CPM) Agreement associated with the reconstruction of Main Avenue from the Red River Bridge to Broadway. They said funding for the project will consist of Federal Highway Funds from the NDDOT’s Regional Highway System, Water Main Replacement Funds, Water Utility Funds, Sewer Utility Funds, Sales Tax (local) and Special Assessments. The total estimated project cost, they said, is $11,809,293.00.

Commissioner Strand moved the Cost Participation and Maintenance Agreement with the NDDOT for Reconstruction of Main Avenue Improvement District No. BR-18-A1 be approved.

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

Service Agreement with Minnkota Power Cooperative, Inc. for Utility Relocation Approved (Improvement District No. BN-19-A2):
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) stating they reviewed a communication from Division Engineer Kevin Gorder regarding relocation of Minnkota Power’s high voltage transmission line. They said the line parallels the 52nd Avenue South right-of-way on the north side and previously five locations were identified that needed to be relocated to facilitate the street reconstruction; however, one was able to be eliminated through design modification, leaving a total of eight conflicting locations. They said the estimated cost for all relocations and adjustments is $81,000.00, which is $24,000.00 more than previously stated.

Commissioner Strand moved the Service Agreement with MinnKota Power Cooperative, Inc. for utility relocation in the adjusted amount of $81,000.00 for Improvement District No. BN-19-A2 be approved.

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

City of Fargo Concurs with the NDDOT Bid Award for Improvement District No. BN-19-A2:
The Board received a communication from City Engineer Brenda Derrig stating bids were opened by the NDDOT on January 11, 2019 for the 52nd Avenue South Reconstruction Project – 45th Street to 63rd Street. She said there were four bids and the low bid was KPH, Inc. of Fargo, North Dakota with a bid of $19,197,385.45. The Engineers estimate was $18,560.312.60, she said, and there were no protests received and the project requires no special assessment escrow. Fargo’s share is estimated to be $11,767,770.00, she said.

Commissioner Strand moved that the City of Fargo concur with the NDDOT Bid Award for Improvement District No. BN-19-A2 to KPH, Inc. in the amount of $19,197,385.45.

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

Concrete Paving, Curb and Gutter, Storm Sewer, Sanitary Sewer, Watermain, Sidewalk, Street Lighting, Traffic Signals, Landscaping and Incidentals Improvement District No. BR-18-A (Main Avenue from 2nd Street North to Broadway):
Commissioner Strand moved the following action be taken in connection with Concrete Paving, Curb and Gutter, Storm Sewer, Sanitary Sewer, Watermain, Sidewalk, Street Lighting, Traffic Signals, Landscaping and Incidentals Improvement District No. BR-18-A:

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

On Main Avenue from the Red River of the North to Broadway.

COMPRISING:
An area bound on the north by 4th Avenue North, bound on the west by Broadway to 1st Avenue South including lot 19 & 20, ALL OF VAC 6 ST S & 2 AVE S & ALL OF VAC ALLEYS & W 1/2 OF VAC 5 ST S of Original Townsite and UNPLATTED IN N 1/2 SEC 7, TWP 139N, RGE 48 W, THAT PT OF ISLAND PK 1150 FT WIDE LYING E OF 7 ST S & EXTENDING FROM N LN OF 2 AVE S EXTENDING TO N LN OF C A ROBERTS ADDN & ISLAND PARK, bound on the south by UNPLATTED IN N 1/2 SEC 7, TWP 139N, RGE 48 W, THAT PT OF ISLAND PK 1150 FT WIDE LYING E OF 7 ST S & EXTENDING FROM N LN OF 2 AVE S EXTENDING TO N LN OF C A ROBERTS ADDN & ISLAND PARK and BEG AT A PT ON LEFT BANK OF RED RIVER OF N 506.64 FT S & 449.91 FT W OF SE COR OF BLK 4, WHITES 2, TO CITY OF MOORHEAD, MN, SAID PT CORRESPONDING & RELATED TO & 60 FT SWLY FROM CENTERLINE STATION 12 PLUS 66.48 OF FARGO- MOORHEAD FLOOD CONTROL PROJ AS ESTAB BY U S CORPS OF ENGINEERS, THEN ALG LEFT BANK OF RED RIVER OF N AS PLATTED BY GENERAL LD OFFICE IN 1860, TO A PT CORRESPONDING & RELATED TO & 60 FT NWLY FROM CENTERLINE STATION 2 PLUS 50, SD PT BEING 494.19 FT NLY & 332.56 FT WLY OF SE COR OF BLK 4, WHITES 2 ADDN TO CITY OF MOORHEAD, MN AS EST BY U S CORPS OF ENGINEERS, THEN IN AN UPSTREAM DIR, FOLL W BANK OF RED RIVER OF N ALG AN 08 DEG 11 MIN 30 SEC CURVE TO LEFT AS ESTAB BY U S CORPS OF ENGINEERS TO PT OF BEG of Fred C. Hagen Addition, bound on the east by the Red River of the North.

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

NOW, THEREFORE, BE IT RESOLVED, That Concrete Paving, Curb and Gutter, Storm Sewer, Sanitary Sewer, Watermain, Sidewalk, Street Lighting, Traffic Signals, Landscaping and Incidentals Improvement District No. BR-18-A in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. BR-18-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BR-18-A 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 $11,810,236.00.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BR-18-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BR-18-A in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. BR-18-A 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 Concrete Paving, Curb and Gutter, Storm Sewer, Sanitary Sewer, Watermain, Sidewalk, Street Lighting, Traffic Signals, Landscaping 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 Concrete Paving, Curb and Gutter, Storm Sewer, Sanitary Sewer, Watermain, Sidewalk, Street Lighting, Traffic Signals, Landscaping and Incidentals Improvement District No. BR-18-A in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said Concrete Paving, Curb and Gutter, Storm Sewer, Sanitary Sewer, Watermain, Sidewalk, Street Lighting, Traffic Signals, Landscaping and Incidentals Improvement District No. BR-18-A is to be paid from Street Sales Tax and approximately 17.37% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Concrete Paving, Curb and Gutter, Storm Sewer, Sanitary Sewer, Watermain, Sidewalk, Street Lighting, Traffic Signals, Landscaping and Incidentals must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.
NOW, THEREFORE, BE IT RESOLVED, That Concrete Paving, Curb and Gutter, Storm Sewer, Sanitary Sewer, Watermain, Sidewalk, Street Lighting, Traffic Signals, Landscaping and Incidentals Improvement District No. BR-18-A in the City of Fargo, North Dakota, be and the same is hereby created.

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

P.C. Concrete Paving and Incidentals Improvement District No. PN-18-C (Various Locations in North Fargo):
Commissioner Strand moved the following action be taken in connection with P.C. Concrete Paving and Incidentals Improvement District No. PN-18-C:

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

On 43rd Street North from 19th Avenue North to 28th Avenue North.
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 located in Laverne’s Addition.

COMPRISING:
Lot 1, Block 1.
All in Phoenix Addition.

Lots 1 through 13, Block 1.
Lots 1 through 7, Block 2.
Lots 1 through 5, Block 3.
Lots 1 through 4, Block 4.
All in Laverne’s Addition.

A portion of Lot 2, Block 1 approximately 14.7 acres bounded on the south by the north lot line of Lot 1 of said Block; the east by the northerly extension of the east lot line of Lot 2 a distance of 950.93’; the north by the easterly extension of the north right of way line of 24th Avenue North a distance of 655.00’; and the west by the 41st Street North east right of way line.
All in NDSU West Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That P.C. Concrete Paving and Incidentals Improvement District No. PN-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. PN-18-C:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PN-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 $2,511,359.60.)

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. PN-18-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. PN-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. PN-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 P.C. Concrete Paving 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 PC Concrete Paving and Incidentals Improvement District No. PN-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 PC Concrete Paving and Incidentals must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

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

City Attorney’s Office Directed to Draft a Revision to Fargo Municipal Code 25-15-06(3) to Allow No More than Two Class “B-Limited” Alcoholic Beverage Licenses to be Held by a Class “B-Limited” Alcoholic Beverage License Holder:
The Board received a communication from City Auditor Steve Sprague stating that Jodi Plecity, owner of Lakemode Liquors, had agreed to sell a Class “B-Limited” Alcoholic Beverage License to Hornbacher’s and the transfer was approved by the City Commission on October 22, 2018. Due to a series of delays, he said, that transaction was not completed before Coborn’s purchased Hornbachers. By ordinance, he said, Coborn’s cannot own a second Class “B-Limited” Alcoholic Beverage License and the Liquor Control Board requested that the City Attorney’s Office review the Ordinance to determine if a waiver could be granted.
Assistant City Attorney Nancy Morris said there is no waiver provision, therefore, Coborn’s cannot hold a second Class “B-Limited” Alcoholic Beverage License unless the Ordinance were changed to address the situation, allowing Coborn’s to hold more than one license. She said there is one Class “B-Limited” Alcoholic Beverage License presently available based on population.

Commissioner Piepkorn said he feels sorry for Ms. Plecity; however, he has concerns about changing policy to solve an issue for one person. The intention behind the original license was to limit it to one and now to help her the policy would be changed for the entire City.

In response to a question from Commissioner Gehrig about how long the other Class “B-Limited” Alcoholic Beverage License has been on the shelf and not utilized, Mr. Sprague said the one was originally approved for Hornbacher’s at Village West; however, it was returned to go forward with Lakemode Liquors. He said the classification was created 12 years ago and several have been issued.

Commissioner Gehrig said he is supportive of allowing more than one. He said if the policy were changed to allow more than one, the existing one would probably sell which means more business and more of what people want, so let the market decide where these go.

In response to a question from Commissioner Grindberg on whether the Ordinance could be adopted and have a sunset so it goes away after addressing this one issue, Ms. Morris said changing the Ordinance would address a particular situation which could be limited to a period of time, so someone else that has a “B-Limited” license could also apply for the available license.

In response to a question from Mayor Mahoney on whether an exception could be made under this circumstance, Ms. Morris said in this situation it would be Coborn’s that would apply for the available license and she sees no reason to hold them in a different position than any other Class “B-Limited” Alcoholic Beverage License holder. An exception would be for Ms. Plecity, she said, who is selling the goods and her goodwill with that business. A “B-Limited” license comes back to the City if operations are changed, she said, and the Ordinance provides that whomever buys the license has a preference to that license and still must comply with all the other application procedures for that license. It would be Coborn’s application that would be looked at, and whether to give Coborn’s an exception, she said, which under the circumstances requires a change in the law.

Commissioner Piepkorn said, as he understands it, the “B” licenses were created and worded to avoid having only a few people hold many of the licenses as had happened with “A” licenses. He said it seems to be a policy change to fit a specific problem and he is concerned about setting a precedence.

Ms. Morris said the Ordinance does not prevent the holder of a “B-Limited” license from holding a “B” license.

Commissioner Gehrig said the “B-Limited” license was created to allow new people to enter the market due to a trend of the same people getting more and more licenses. He said he feels demand has been shown, fulfilled and licenses are still available. He said to limit these licenses in the first place is arbitrary, the market will limit them since they cannot sustain if there are too many of them. He said changing the Ordinance now is prudent.

Commissioner Strand moved the City Attorney’s Office be directed to draft a revision to Fargo Municipal Code 25-1506(3) authorizing no more than two Class “B-Limited” Alcoholic Beverage Licenses to be held by a Class “B-Limited” Alcoholic Beverage License holder.

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

Application to Transfer the Class “H” Alcoholic Beverage License from Pizza Boy Fargo, LLC d/b/a Uncle Maddio’s Pizza Joint to Pipa’s Pizza LLC d/b/a Uncle Maddio’s Pizza Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "H" Alcoholic Beverage License from Pizza Boy Fargo, LLC d/b/a Uncle Maddio’s Pizza Joint to Pipa’s Pizza LLC d/b/a Uncle Maddio’s Pizza at 1690 45th Street South, Suite 2, 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.

Commissioner Grindberg moved the application 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.

Parcels of Land in Golden Valley Second Addition Rezoned (6737 25th Street South):
At a Hearing held on July 3, 2018 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to SR-4, Single-Dwelling Residential and P/I, Public and Institutional with a C-O, Conditional Overlay.
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 property is located within the 2007 Future Land Use Plan. He said the plan was amended in 2016 on this property and designates this property as “Residential Area – Lower to Medium Density.” This land use designation includes the SR-4 zoning, the P/I zoning for HOA-owned (Homeowners’ Association) lots in this land use designation. The 10-acre Plat will create 33 single-family lots zoned SR-4 and one private park lot which would be owned and maintained by the HOA which will also maintain some of the landscape easements. He said the Conditional Overlay on the park is to restrict uses to those appropriate to a single residential neighborhood like this to keep it focused on being a park, a green space and an open area. He shared the Conceptual Master Plan to show how the whole area of Golden Valley west of 25th Street could be developed in the future. He said the applicant, on his own, held a Public Meeting with adjacent neighbors early on in the process.

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

Second by Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Gehrig, Piepkorn, 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 Golden Valley Second Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Grindberg moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in Golden Valley Second Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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.

Resolution Adopted Approving Golden Valley Second Addition:
Commissioner Grindberg offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Golden Valley Second Addition” containing 34 Lots, 4 Blocks and 10.4 acres of land more or less, located at 6737 25th Street South; and
WHEREAS, A Hearing was held July 3, 2018 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on January 14 and 21, 2019 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., January 28, 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 “Golden Valley Second 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.

Action on the City of Fargo Tax Exempt Review Committee Policy and Guidelines Delayed for One Month:
The Board received a communication from Director of Strategic Planning and Research Jim Gilmour stating the proposed City of Fargo Tax Exempt Review Committee Policy and Guidelines includes policy for Tax Increment Financing (TIF) and University Mixed Use (UMU) tax exemptions that had been separate polices in the past. The Tax Increment Financing Policy is substantially different from the previous policy, he said, and now applies to the entire City, including Downtown and establishes review criteria for the different types of Tax Increment Districts and moves the review process to the Tax Exempt Review Committee. He said there are also changes to policy on Payment in Lieu of Taxes (PILOT) incentives for housing. A financial review requirement was added to that process, he said, and the policy allows for longer-term exemptions if needed to make a project feasible. The changes to the tax exemption policies for UMU housing projects are not major, he said, and there are just a few changes to the policy on tax exemptions for primary sector businesses due to that policy being revised in 2017. He said the updated policy and guidelines include an outline of available incentive options and general evaluation objectives, guidelines on remodeling exemptions, residential new construction and new industry exemption/PILOT policies for UMU, PILOT and TIF guidelines. The policy, if approved, would be effective as of January 28, 2019, he said, and remain in effect until the next review after the June 2020 City election. He said the City supports the mission of economic development through the use of tax incentive programs for the private sector. The goal, he said, is to create high quality jobs by attracting new and expanding existing private sector businesses. He said the City also supports affordable housing opportunities and growing the City’s tax base, which enhances the City’s livability, vibrancy and quality of life.

Commissioner Piepkorn said there have been concerns about having the ability to review whether applicants have done as they promised and now that is included in the policy. The affordable housing aspect is good, he said, and if the effort is not made to focus on that, especially in Downtown, it will be more and more difficult to have lower rents Downtown due to the property values going up. He said there has been a lot of opportunity for feedback from the public and developers, with good input. The new policy includes many changes incorporated from many groups, he said, and it is not carved in stone, changes can be made.

Commissioner Strand said he has questions and bringing it to an action item now does not allow an opportunity to go through the policies and talk it through. He said he would like to meet in a Brown Bag Meeting to look at the policies that existed and to ask questions. He said he questions how other cities do it, how they have affordability built into incentive programs, how is it Fargo does not and why can’t the City of Fargo and what could Fargo do. Low income tax credits are limited by population and not a big player, he said, so it is market rate, affordable and workforce housing. He said workforce development is a high priority and he is not sure that this policy addresses that.

Commissioner Gehrig said he likes some of the changes, such as the clawback provision and the base value change. He said it seems there is an expansion of incentives and he has questions on how that came about. He said he is afraid incentives may be expanding when they should be retracting to let the market level out. He said he does not want to see empty storefronts when higher and higher incentives can no longer be offered. He said it also concerns him that the policy still says incentives are not offered for things such as offices, healthcare, hospitality and professional buildings, yet an incentive was given to a dental office just recently. Guidance is in there, he said; however, elsewhere there are things that seem to contradict. He said this moves from a broadly-based notion of trying to create jobs in the private sector to being more about development and redevelopment, which is expansive and could be anything. The low income component needs to be interjected into the projects receiving incentives, he said and he agrees with Commissioner Strand that it would be good to discuss this in a Brown Bag Meeting.

Mayor Mahoney said one of the things that has happened is that taxes have been brought down so the ability to do it in five to ten years at seventy-five percent does not always work. He said it is difficult for the feedback to get back to the developer to make it worth their while. Fargo is competing against other places around the country, he said, a group of investors in Fargo is looking at other cities so a decision could depend on how incentives are blended in order to get them to stay here. He said the decision could be delayed for two to four weeks to allow time for something like a Brown Bag Meeting and more discussion.

Commissioner Piepkorn said he wants the Commissioners to feel comfortable before a decision is made so delaying action would be acceptable.

Commissioner Grindberg said he hopes a delay would not be too long or take it into spring when construction season starts.

Commissioner Strand said he would like to focus on affordable housing and how other cities do it and why can’t Fargo. He said if someone comes to the public trough for public assistance, what does the general public get out of it. Not being able to charge more than fifty percent of market rate is not affordable housing, he said, and the developer is getting public assistance to build the project. He said he has a predisposition to not favor tax incentives for private market housing and developments and he wants a better understanding.

Commissioner Grindberg said he has not been able to find a definition of affordable housing and low income is a different discussion.

Commissioner Strand said affordability is relative to wherever you are on your spectrum of income. He said the term workforce housing needs to be used more and incentives directed more for that.

Commissioner Piepkorn said it is more complicated than this policy, this is only a piece of it and work has to be done with other government entities in Fargo. He said every low income senior project in Fargo is full before it gets completed.

Commissioner Piepkorn moved to approve the new City of Fargo Tax Exempt Review Committee Policy and Guidelines.
Second by Grindberg.
Commissioner Strand moved action on the City of Fargo Tax Exempt Review Committee Policy and Guidelines be delayed one month.

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

Purchase of Service Agreement from the ND Department of Health for Targeted Testing for TB Infection and Treatment (CFDA #93.116) Approved (Moved from the Consent Agenda):
Commissioner Piepkorn said there was a breakout of Tuberculosis in Mankato, Minnesota, making TB a topic of legitimate concern. He said he was also advised of an exposure in Fargo’s Sanford where doctors and nurses had to go through the procedure. He said this is a serious issue.

Mayor Mahoney said this is for money from the State for testing and treating, so it is preventive medicine.

Commissioner Strand said this is a delicate topic and talking health issues and harm reduction is one thing; however, he does not want to get into targeting certain populations of people and identifying them as bringing different risks or not. He said this is a good topic to vet at the Board of Health meeting.

Commissioner Piepkorn said his main point is, if people are knowingly being brought here having a contagious disease, no matter the race, that is not a good move and people will be held accountable, the Board, the Federal government, the State government and Lutheran Social Services. He said public safety is one of the main accountability issues.

In response to a question from Commissioner Strand about the risk to the community of refugees in particular, Director of Fargo Cass Public Health Desi Fleming said they are tested with strict standards to not let people with active TB come to this country. Refugees are screened before they leave their country of residence, she said, then screened again within 30 days of arriving in the United States. She said TB is treatable and if there is active disease, it is handled and does not cause issues due to monitoring and stringent guidelines to treat it, assuring there is no risk to the public. She said there are some states that do not treat latent TB; however, here it is treated to prevent it from going active. The Board of Health meets February 15th at noon, she said, and there will be discussion on TB which would be an opportunity for anyone with questions.

Commissioner Strand moved the Purchase of Service Agreement from the ND Department of Health for targeted testing for TB infection and treatment be approved.

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

Snow Removal Update:
Commissioner Grindberg said I-29 was slick this morning and he saw five accidents that may not have happened had the State not put the material they did on the roadway in this extreme cold.

Director of Operations Ben Dow said applying liquid on roads is delicate and the City of Fargo is diligent to not using liquids once the pavement reaches five degrees and is dropping. He said everything can change fast with factors like wind, pavement temperature and air temperature. He said at this point, State agencies are choosing to use liquids at different application rates and mixing in additional chemicals. He said pavement temperature plays an important part, along with dew point and wind. His staff is educated on the process, he said, and understands how the chemistry works. He said salt brine is 23% salt and the rest is water so if there is any snow on the road surface when it is added it can melt it; however, it can also melt out real fast and refreeze and turn into black ice. He said right now there is a lot of compaction on the roads and it is too cold to use any other product than a sand/salt mixture. He said sand can be a double-edge sword, it needs to be picked up, and it can be just as bad for the rivers and streams. He said the snow dump on 12th Avenue, west of the landfill is a very large pile, about 400 truckloads have been hauled, 12 hours per night for about 14 nights straight.

Legislative Update:
City Administrator Bruce Grubb said each Department Head has been asked to pick out the bills in their area of expertise and create their own tracking list which will be merged into one master list to provide to Commissioners. He said information will be shared by staff on whether they support or oppose a bill, the reasons why and a column will be added to show whether testimony has been provided.

In response to a question from Mayor Mahoney on whether anyone would like to make a final statement with this being the last Commission meeting in this room, Commissioner Strand said there have been some terrific visuals in this space. One being the interest shown when the Roosevelt Neighborhood Association fills the room, he said, and another when the Native American Commission brought the proposal to declare Indigenous Peoples Day. He said seeing the folks from the tribes and their regalia was memorable. City Hall Chambers is where people meet, he said, and his favorite part is the visual of the people that the Board serves.

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, February 11, 2019.

Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:17 o’clock p.m.