Board of City Commissioners - July 1, 2019 Minutes
The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 5:00 o'clock p.m., July 1, 2019.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn (via conference call), Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.
The Mayor read a message with the following information: Fargo Cass Public Health has started its Annual Community Garden boxes; the Fargo Police Department recently held its 25th Annual Community Picnic; and the Inspections Department will present a video showcasing some projects that were wrapped up in the past year, including completed dilapidated building cases as well as building and housing rehabilitation projects.
Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved moving Item No. “23” from the Consent Agenda to the Regular Agenda.
Second by Gehrig. 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 June 17, 2019 be approved as read.
Second by Strand. All the Commissioners voted aye and the motion was declared carried.
Consent Agenda Approved:
Commissioner Grindberg moved the Consent Agenda be approved as follows:
1. Receive and file the following Ordinances:
a. Amending Section 16-0105 of Article 16-01 of Chapter 16 of the Fargo Municipal Code Relating to Waterworks System.
b. Amending Section 22-0301 of Article 22-03 of Chapter 22 of the Fargo Municipal Code Relating to Plumbing Code.
2. 2nd reading and final adoption of the an Ordinance Amending Section 25-1506 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Restrictions on Sale, Service or Dispensing of Alcoholic Beverages.
3. Applications for property tax exemptions for improvements made to buildings:
a. Reid Middaugh, 419 7th Avenue South (5 year).
b. Grant Syverson and Melissa H. Burkland, 415 8th Street South (5 year).
c. Matthew and Jescia Hopper, 1103 9th Avenue South (5 year).
4. Applications for Games of Chance:
a. Fargo North High School for a 50/50 raffle from 8/5/19 to 5/29/20.
b. Fargo North High School for a 50/50 raffle from 8/5/19 to 5/29/20.
c. Knights of Columbus 4th Degree Assembly 788 for a calendar raffle from 1/1/20 to 1/20/20.
d. St. Anthony of Padua Parish Fall Bazaar for bingo and a raffle on 9/29/19.
e. Villa Nazareth Dba CHI Friendship for a raffle from 9/1/19 to 10/11/19.
5. Purchase Agreement with Thomas N. and Audrey Renae Erdmann in the amount of $305,000.00 for property located at 767 Royal Oaks Drive North (Project No. FM-19-B).
6. Negative Final Balancing Change Order No. 2 in the amount of -$3,675.00 for Project No. EP-17-A1.
7. Bid award to Industrial Builders, Inc. in the amount of $2,306,969.18 for Project No. FM-15-J2.
8 Bid awards to Naseth Construction (general contractor) in the amount of $194,000.00, Moorhead Electric (electrical contractor) in the amount of $43,615.00 and Reiland Bros. Plumbing, LLC (mechanical contractor) in the amount of $74,040.00 for the bathroom-remodeling project at the FARGODOME.
b. Sole Source Procurement with Gopher Stage Lighting in the amount of $56,500.00 for updates to the existing lighting control system at the FARGODOME.
9. Receive and file Comprehensive Annual Financial Report (CAFR) and Independent Auditor’s Report for the year ending December 31, 2018.
10. Resolution Authorizing the Execution and Delivery of the Intergovernmental Agreement (Series 2019); Authorizing First Amendment to Loan Agreement from Wells Fargo Bank, N.A., to the City of Fargo; and Consenting to First Amendment to Loan Agreement between Wells Fargo Bank, N.A. and Cass County (Attachment “A”).
11. Resolution Authorizing the Issuance of Not to Exceed $42,000,000.00 City of Fargo Refunding Improvement Bonds, Series 2019A, Prescribing the Terms and Covenants Thereof, and Creating a Fund for the Payment Thereof (Attachment “B”).
12. Notice of Grant Award with the ND Department of Health for Public Health Emergency Preparedness (PHEP) – All Hazards Allocation (CFDA #93.069).
13. Notice of Grant Award with the ND Department of Health for Enhancing Harm Reduction (CFDA #93.354).
14. Notice of Grant Award with the ND Department of Health for Public Health Emergency Preparedness (PHEP) – Statewide Management Team (CFDA #93.069).
15. Notice of Grant Award with the ND Department of Health for State aid to local public health units.
16. Notice of Grant Award with the ND Department of Health for the PHEP – City Readiness Initiative (CFDA #93.069).
17. Notice of Grant Award with the ND Department of Health for Regional Environmental Health Services – State Aid.
18. Purchase of Service Agreement with the ND Department of Health for Women’s Way Program (CFDA #93.898).
19. Notice of Grant Award Amendment with the ND Department of Health for the WIC Program (CFDA #10.557).
20. Administrative Services Agreements with Discovery Benefits, LLC.
21. 2019 Mosquito Control Agreement with Cass County Government.
22. Sole Source Procurement with NCFI Polyurethanes for geotechnical polyurethane lifting foam (QF19094).
23. Request for Proposal for the Core Neighborhoods Plan (moved to the Regular Agenda).
24. Sole Source Procurement with Reach Partners, Inc. for assistance in the Planning Department.
25. State Historical Society Certified Local Government Agreement for National Park Service’s Historical Preservation Grant Funds 2019.
26. 3-year extension to the Recycling Agreement with Minnkota Enviroservices, Inc.
27. Draft Lease Agreement with North Central Bus & Equipment, Inc. for TapRide service to the Fargo Industrial Park.
28. Amendment to ND Department of Transportation Contract No. 38171124A.
29.Contracts and bonds for Project Nos. FM-14-13 and PR-19-C1.
30. Bills in the amount of $13,127,024.98.
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.
Relocation and Re-coating of Pipeline for Improvement District No. PN-18-B1 Approved:
The Board received a communication from the Public Works Projects Evaluation Committee stating there is a need to relocate a 10-inch petroleum pipeline at the intersection of 41st Street as well as re-coat 300 feet of pipeline at approximately 600 feet east of 41st Street for additional protection. They said the total estimated cost for pipeline relocation and re-coating is $482,990.00.
Commissioner Grindberg moved the relocation and re-coating of pipeline in the amount of $482,990.00 for Improvement District No. PN-18-B1 be approved.
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.
Change Order No. 1 for Improvement District No. BR-18-G2 Approved:
Commissioner Grindberg moved Change Order No. 1 for an increase of $22,000.00 for Improvement District No. BR-18-G2 be approved.
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.
Change Order No. 2 and Time Extension for Improvement District No. NN-18-A1 Approved:
Commissioner Grindberg moved Change Order No. 2 for an increase of $19,087.50 and a 30-day time extension for Improvement District No. NN-18-A1 be approved.
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.
Final Balancing Change Order No. 3 for Improvement District No. BR-16-F1 Approved:
Commissioner Grindberg moved Final Balancing Change Order No. 3 for an increase of $71,680.05 for Improvement District No. BR-16-F1 be approved.
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.
Final Balancing Change Order No. 3 for Improvement District No. TN-16-F1 Approved:
Commissioner Grindberg moved Final Balancing Change Order No. 3 for an increase of $7,961.26 for Improvement District No. TN-16-F1 be approved.
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.
Contract Amendment No. 1 for Improvement District No. TR-18-B0 Approved:
Commissioner Grindberg moved Contract Amendment No. 1 with Stantec Consulting Services Inc. in the amount of $23,008.00 for Improvement District No. TR-18-B0 be approved.
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.
Contract Amendment No. 2 for Improvement District No. BR-18-A2 Approved:
Commissioner Grindberg moved Contract Amendment No. 2 with SRF in the amount of $104,663.12 for Improvement District No. BR-18-A2 be approved.
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.
No Protests Received for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-G1:
The Statutory Resolution of Necessity for the construction of P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-G1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on May 27 and June 3, 2019 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Grindberg moved that the Board declare that no protests have been filed to the construction of P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-G1.
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.
Bids Received for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-G1:
The bids for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-G1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., June 26, 2019 and the bids were found to be as follows:
Key Contracting, Inc. West Fargo, ND
Bid: $477,507.50
All Finish Concrete, Inc. West Fargo, ND
Bid: $499,996.00
Contract for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-G1 Awarded to Key Contracting, Inc. in the Amount of $477,507.50:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-G1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received June 26, 2019 for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-G1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-G1 shows the bid of Key Contracting, Inc. of West Fargo, North Dakota, in the sum of $477,507.50 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Key Contracting, Inc. in the sum of $477,507.50 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-G1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Key Contracting, Inc. for the sum of $477,507.50, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.
Second by Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Gehrig, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-19-A (Various Locations in North Fargo):
Commissioner Grindberg moved the following action be taken in connection with Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-19-A:
Adopt Resolution Creating Improvement District No. NR-19-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. NR-19-A in the City of Fargo, North Dakota, be created
LOCATION (Site 1):
Storm Sewer Lift Station #36 located on 16th Avenue North and west of 45th Street.
COMPRISING (Site 1):
Lots 1 through 4, Inclusive, Block 1.
Lot 1, Block 2.
Located in Sheyenne Industrial Center Second Addition.
Lots 1 and 2, Block 1.
Lots 6 and 7, Block 1.
Lots 1 through 3, Inclusive, Block 2.
Lots 1 through 4, Inclusive, Block 3.
Located in Sheyenne Industrial Center Third Addition.
Lots 1 and 4, Block 1.
Located in Sheyenne Industrial Center Fourth Addition.
Lots 1 and 2, Block 1.
Located in the Sheyenne Industrial Center Fifth Addition.
Lot 1, Block 1.
Located in the 47th Street North Addition.
Lots 1 through 3, Inclusive, Block 1.
Lots 5 through 7, Inclusive, Block 1.
Lots 1 through 3, Inclusive, Block 2.
Lots 1 through 6, Inclusive, Block 3.
Lots 1 through 6, Inclusive, Block 4.
Lots 1 through 3, Inclusive, Block 5.
Located in Fayland Industrial First Addition.
Lots 1 and 2, Block 1.
Located in Stollenwerk Wilm Addition.
All unplatted land in the southeast quarter of Section 33, T. 140 N, R. 49 W, 5th Principal Meridian.
All unplatted land in the southwest quarter of Section 33, T. 140 N, R. 49 W, 5th Principal Meridian.
All unplatted land in the northeast quarter of Section 33, T. 140 N, R. 49 W, 5th Principal Meridian.
All unplatted land in the northwest quarter of Section 33, T. 140 N, R. 49 W, 5th Principal Meridian.
All of the foregoing located in the City of Fargo, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-19-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. NR-19-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. NR-19-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 $504,769.51.)
Order Plans and Specifications for Improvement District No. NR-19-A:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. NR-19-A in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. NR-19-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. NR-19-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. NR-19-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.
Direct City Auditor's Office to Call for Bids for Improvement District No. NR-19-A:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. NR-19-A in the City of Fargo, North Dakota.
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.
Contract for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Pavement and Incidentals Improvement District No. BN-19-C1 Approved:
Commissioner Grindberg moved the Contract between the City of Fargo and Dirt Dynamics, LLC for Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Pavement and Incidentals Improvement District No. BN-19-C1 in the City of Fargo, North Dakota, be approved.
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.
Contract Bond for Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Pavement and Incidentals Improvement District No. BN-19-C1 Approved:
Commissioner Grindberg moved the following described Contract Bond be approved as to sufficiency:
RLI Insurance Company, in the amount of $794,882.54, for Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Pavement and Incidentals Improvement District No. BN-19-C1 in the City of Fargo, North Dakota.
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.
Contract for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-19-J1 Approved:
Commissioner Grindberg moved the Contract between the City of Fargo and Fox Underground, Inc. for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-19-J1 in the City of Fargo, North Dakota, be approved.
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.
Contract Bond for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-19-J1 Approved:
Commissioner Grindberg moved the following described Contract Bond be approved as to sufficiency:
Ohio Farmers Insurance Company, in the amount of $636,944.49, for Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-19-J1 in the City of Fargo, North Dakota.
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.
Contract for Street Lighting and Incidentals Improvement District No. SL-19-B1 Approved:
Commissioner Grindberg moved the Contract between the City of Fargo and Strata Corporation for Street Lighting and Incidentals Improvement District No. SL-19-B1 in the City of Fargo, North Dakota, be approved.
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.
Contract Bond for Street Lighting and Incidentals Improvement District No. SL-19-B1 Approved:
Commissioner Grindberg moved the following described Contract Bond be approved as to sufficiency:
Western Surety Company, in the amount of $747,390.75, for Street Lighting and Incidentals Improvement District No. SL-19-B1 in the City of Fargo, North Dakota.
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.
Contract for Storm Sewer, Storm Sewer Repairs, P.C. Concrete Paving and Incidentals Improvement District No. UR-19-A1 Approved:
Commissioner Grindberg moved the Contract between the City of Fargo and Fox Underground, Inc. for Storm Sewer, Storm Sewer Repairs, P.C. Concrete Paving and Incidentals Improvement District No. UR-19-A1 in the City of Fargo, North Dakota, be approved.
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.
Contract Bond for Storm Sewer, Storm Sewer Repairs, P.C. Concrete Paving and Incidentals Improvement District No. UR-19-A1 Approved:
Commissioner Grindberg moved the following described Contract Bond be approved as to sufficiency:
Ohio Farmers Insurance Company, in the amount of $788,540.00, for Storm Sewer, Storm Sewer Repairs, P.C. Concrete Paving and Incidentals Improvement District No. UR-19-A1 in the City of Fargo, North Dakota.
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.
Fargo-Moorhead Diversion Project Update:
John Shockley, FM Diversion Authority Attorney, said the overall finance plan for the project is under development and there will be a public review of the updated finance plan. He said the Authority is also looking at what the sales tax numbers are and the projections moving forward, along with some of the changes in the permanent financing package. He said the Authority is currently working on a letter of interest with respect to the US Environmental Protection Agency (EPA). He said the WIFIA (Water Infrastructure Finance and Innovation Act) Program divides projects that are eligible for EPA financing and US Army Corps of Engineer (USACE) financing. The Diversion project, he said, has about $1.3 billion worth of elements that are subject to and available for EPA financing, and under the EPA rules the Authority can receive up to 49% of that amount in a loan. He said the advantage of securing an EPA WIFIA loan is the payments are not due until five years after the project is completed; therefore, if the project is completed in 2026, principal payments do not start until 2031. He said the other advantage to a WIFIA loan is it is a 35-year repayment at U.S. Treasury rates and it is hard to compete with that in the private bond market. He said the final advantage of a WIFIA loan is that the Authority can sculpt the debt service to match the revenues produced by the sales tax. He said this is very positive news and the Authority will soon be submitting a letter of interest to the EPA and an answer should come within 90 to 120 days as to if the Authority will be invited to apply. He said the USACE is in the process of starting its own WIFIA program and the Authority will apply for that program when available. The Authority is also working through some of the state revolving loan funds, he said, to determine if there are some elements that could be financed through that program, which is a 30-year term at 2% interest. He said regarding the Buffalo Red River Watershed District (BRRWD) permit, the Diversion Authority submitted a permit application to the BRRWD for elements of the project located within its jurisdiction. He said it was not a permit for the entire project; it was simply for the items located within that watershed district as part of the approval of the Minnesota Department of Natural Resources (MNDNR) permit. The MNDNR findings of fact specifically indicated that local governing units could not say “no” to the project within their jurisdiction so there is a disagreement between the position taken by MNDNR and the BRRWD. The Authority will appeal that permit denial and the BRRWD has expressed the desire to continue talking about it and seeking an alternative solution to litigation. He said the permit denial does not stop the project and, in fact, it does not prohibit the Authority from reapplying in the future or coming to some sort of solution with the BRRWD. He said this is a very large and complex project and there will be many different permit applications to many governing units, so it is a process; however, the Authority will continue to work through these issues and will continue with this year’s construction. A judge has authorized that the construction of the inlet can continue, he said, and also determined that bidding can proceed for the construction of the Wild Rice inlet and the western tie back levee and the P3 procurement can recommence. The construction efforts for this year are ongoing, he said, and each year going forward there will be another segment of construction within the program and the Authority will continue to match up the construction and the long-term financing.
Commissioner Strand said the Authority is so close to having a project; however, there are these bumps in the road that delay it and he is concerned about the costs of the delays and the risks to communities. He said with the weather of late, there may be an event and everyone will wish the Diversion were in place. He would like to know how to get past the disagreements, he said, and invest in the future for protection rather than the millions of dollars spent continually in litigation.
Mr. Shockley said the short-term plan is to try to work out the issues with the BRRWD who have expressed an intent to try to work with the Authority rather than incur the cost of litigation; therefore, the Authority is going to work as hard as it can to resolve the issues from a business standpoint. He said sometimes decisions need to be appealed to judges and the Authority’s strategy has always been to try to mitigate the risk of going to litigation by reaching out to different parties and bringing them to the table to resolve differences. Due to the size and complexity of the project, he said, there are going to be bumps along the road and the project crosses many jurisdictions. Every time there is an election, whether it is a township board or a city board, the Authority has to spend time educating newly elected members. He said the good news is the BRRWD came back with five issues they are concerned about and those are doable issues.
Commissioner Strand said in his communications over the years with people upstream, their message has been they do not always feel there are people on the City Commission who understand farmers and their world and the culture of living on farms. He said he grew up on a farm and he understands the farming culture and he wants people impacted to know there are voices at the City Commission who will fight for them and for fair mitigation and proper easements. He said this project needs to get past litigation and get to the point where the Authority is investing in the project and investing in the people who are the City’s partners, including the farmers whose lands are impacted. He said it is critical and with weather events and weather cycles, there is no time to waste.
Fargo Youth Initiative Report:
Planning Director Nicole Crutchfield said the City Commission created the Fargo Youth Initiative (FYI) in 2012 to unite and empower the voice of Fargo youth through direct action and teamwork. She said since 2012 a group of smart, caring and committed young leaders from public and private schools in Fargo have met regularly to discuss opportunities and issues facing young people in the community.
Tate Fisher, Juliet Sampson and Grace Beauchamp, FYI members, said the vision of the FYI is an atmosphere where youth have a positive and sustainable impact on the community. They said three main functions of FYI are to serve as a liaison between the City and the youth of Fargo, to investigate needs, problems and issues affecting youth, and to research issues and make recommendations to the City Commission. They said there are 16 members from Fargo high schools, including six from North, six from Davies, two from South and one from Shanley. Their “Impact Fargo 2019” event was held April 15th, they said, and the students who attended discussed what they like about Fargo and what they would like to change. Things they liked included outdoor events, all in one recycling, Fargo maintaining a small town feel, parks, the many opportunities in athletic and academic sectors and the fact that Fargo has a “good family vibe.” Wants and changes, they said, included more outdoor concerts and festivals, more winter events, pop-up restaurants, marketing more aggressively to youth, making Downtown and other places safer for minors, improved lighting on streets and more spaces Downtown that are open late for minors. FYI’s future plans, they said, include getting near equal representation from all Fargo schools, continued research on top needs of the youth in Fargo, implementing initiatives beyond “Impact Fargo” and collaborating with City officials.
In response to the FYI group, who asked how they could help the Commissioners in the coming year, Commissioner Strand said he would welcome policy advice if there were topics that concern them, which would be a great civics exercise.
Mayor Mahoney asked what the group thought about adding rentable scooters Downtown, if they have any ideas on what to do with some of the empty lots in north Fargo and advised them to get involved, which would make a difference as they go through life.
Commissioner Grindberg suggesting having discussions with the Planning Department about the Land Development Code and neighborhood preservation and to give the Commission some ideas and concepts on how to make the community better.
Server Training Discussion:
Commissioner Gehrig said there have been some legitimate concerns recently about liquor licenses and specifically compliance checks and server training. Per ordinance, he said, the City is supposed to strive to complete four compliance checks per liquor establishment per year. He said there are nearly 200 liquor establishments in Fargo, including restaurants, bars and off sales; therefore, that means at least three checks per day are needed, which is a lofty goal, but a goal the City needs to shoot for and knows it will take many man-hours and the second issue is server training.
In response to a question from Commissioner Gehrig asking how many server training classes are held per month, who is conducting the classes and what is the percentage of compliance, City Auditor Steve Sprague said 50 percent was the compliance number in January; however, in January a letter was sent to licensees who were falling short and server training is now closer to 80 percent. He said he knows that is not 100 percent; however, it is certainly a much better number. The classes hold about 50 people, he said, and are held one day each week. He said once a class is completed, a server’s certification is good for three years and after three years, a server can renew their certification online and they are certified for another three years.
Commissioner Gehrig said the Ordinance states, “Every holder of an alcoholic license in the City of Fargo shall implement a program of mandatory server training and the server training shall be approved by the Fargo Police Department and/or its designee.” He said a police officer, sheriff or others in law enforcement conduct the training and he would like the City Commission to consider that the City not do the training. He said the Ordinance does not say that the City has to have police officers conducting the class, just that the training be approved by the Police Department. It takes many man-hours to do this training, he said, and he thinks each establishment could have its own training if the training is approved by the City. He said he wanted to see if the Commission had an appetite to change this Ordinance and if so, he will refer it back to the Liquor Control Board for a decision or some ideas then bring it back to the City Commission. He said he is not suggesting that the City just stop the training and throw it back to the bar owners; however, over time, the City could implement a system where bars and restaurants are able to train their own employees and perhaps train them better due to the fact that they can focus on their area of Fargo and their clientele. He said a bar Downtown is very different from a bar on the southside.
Police Chief Dave Todd said the reason law enforcement does the training is for consistency. He said the Fargo Police Department provides the majority of training and can do more than four classes a month if the demand is there; however, he does not think that is the issue. He said he understands the concerns about the time involved for officers and whether that time could be used somewhere else; however, if the Police Department is approving the course perhaps that can be addressed. He said another thing with the Ordinance is oversight and asking liquor license holders to provide their own oversight might be a conflict of interest.
Mayor Mahoney said compliance was 50 percent and now it is 80 percent. He asked Commissioner Gehrig to take this issue back to the Liquor Control Board for discussion. The intent of the Ordinance, he said, was to make sure liquor establishments were not serving those who are under age and the issue of overserving. He said consistency is key.
Chief Todd said he knows that many servers grumble about having to take the class; however, anonymous reviews taken after the class show the overwhelming majority think the class is well done and worthwhile.
Commissioner Gehrig said the Police Department can oversee the syllabus for the class and his biggest concern is the use of officer time. He said there are a finite number of officers and the City is not meeting the compliance check standard. He said there are better uses of police officer time and efforts and he will take this discussion back to the Liquor Control Board to see how the process can be improved.
Commissioner Piepkorn said he thinks this is a great suggestion, there are many concerns about training and compliance and he thinks Liquor Control Board members can have a good discussion.
Hearing on a Zoning Change to Repeal and Re-Establish a C-O, Conditional Overlay in Timber Parkway Third Addition Withdrawn (4801 and 5081 Timber Parkway South):
A Hearing had been set for June 3, 2019 on a petition requesting a zoning change to repeal and re-establish a C-O, Conditional Overlay in Timber Parkway Third Addition.
At the June 3, 2019 Regular Meeting, the Hearing was continued to June 17, 2019.
At the June 17, 2019 Regular Meeting, the Hearing was continued to this day and hour; however, the petition has been withdrawn by the applicant.
Parcels of Land in BLU Water Creek 4th Addition Rezoned (4609 33rd Avenue South):
At a Hearing held on June 4, 2019 the Fargo Planning Commission recommended approval of a change in zoning from LC, Limited Commercial to GC, General Commercial, on parcels of land in BLU Water Creek 4th 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.
Current Planning Coordinator Donald Kress said retaining the provisions of the Conditional Overlay has the effect of restricting the permitted and conditionally permitted uses in the proposed General Commercial (GC) zoning to mostly match the permitted and conditionally permitted uses in the existing Limited Commercial (LC) zoning. He said this action would lessen the impact of the zoning change on the surrounding properties, which include some residential properties. The GC zoning would allow greater lot coverage than the LC zoning, he said, and greater height than the LC zoning.
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 BLU Water Creek 4th Addition, 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 BLU Water Creek 4th Addition, City of Fargo, Cass County, North Dakota be placed on first reading.
Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Hearing on Renaissance Zone Project for Clark Equipment Company Continued to July 15, 2019:
A hearing had been set for this day and hour on a Renaissance Zone Project proposal by Clark Equipment Company for a commercial lease project located at 118 Broadway North; however, the applicant has requested that the hearing be continued to July 15, 2019.
Commissioner Grindberg moved the hearing be continued to 5:15 o’clock p.m. on Monday, July 15, 2019.
Second by Strand. On call of the roll Commissioners Grindberg, Strand, Piepkorn and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.
Hearing on Transfer of a Class “A” Alcoholic Beverage License from Firebox, LLC d/b/a Firebox to International African Restaurant and Nightclub, LLC d/b/a International African Restaurant and Nightclub Continued to July 29, 2019:
A Hearing had been set for this day and hour on an application to transfer the Class “A” Alcoholic Beverage License from Firebox, LLC d/b/a Firebox to International African Restaurant and Nightclub, LLC d/b/a International African Restaurant and Nightclub at 4554 7th Avenue South notice of which had been duly published in the official newspaper for the City of Fargo; however, the applicant has requested the Hearing be continued to July 29, 2019.
Commissioner Grindberg moved the Hearing be continued to 5:15 o’clock p.m. on Monday, July 29, 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.
Application Filed by Hoffberger Escape, LLC d/b/a Rough Cut Social for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Hoffberger Escape, LLC d/b/a Rough Cut Social for a Class "C-W" Alcoholic Beverage License at 1100 NP Avenue, Suite 102, 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.
City Auditor Steve Sprague said a Class “C-W” Alcoholic Beverage License authorizes the licensee to sell beer and wine “on-sale” only, no food sales are required and a physical bar is allowed. He said this is a new type of business that has become popular and includes axe throwing.
Amy Stockburger and Stacy Hoffman, owners, and Alysa Simunek, general manager, said they own three similar businesses in Sioux Falls. They said the features of their businesses are public recreation and social hangout areas; therefore, the front area of the business in Fargo will include life-sized games such as Connect Four and Jenga as well as Hammerschlagen. Their businesses, they said, belong to the World Axe Throwing League and axe throwing is similar to darts. The goal, they said, is to bring a variety of entertainment options to the Fargo community and they specialize in corporate events, birthday parties, holiday gatherings, bachelor and bachelorette parties and basic family/friend outings. They said they will hire “axeperts” and managers locally, estimated sales tax paid to the City would be $20,000.00 to $25,000.00 annually and all equipment and supplies will be purchased locally.
Mr. Sprague said he has been working with the applicants to get the proper building permits; therefore, the recommendation from the Liquor Control Board is to approve the license contingent on the owners getting the proper building permits in place.
Commissioner Gehrig moved the application be approved contingent upon the owners getting the proper building permits.
Second by Grindberg. 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.
Application Filed by Drumconrath Brewing Company, LLC d/b/a Drumconrath Brewing Company for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Drumconrath Brewing Company, LLC d/b/a Drumconrath Brewing Company for a Class "Y" Alcoholic Beverage License at 630 1st Avenue North, No. 6, 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.
City Auditor Steve Sprague said a Class “Y” Alcoholic Beverage License authorizes a production brewery to obtain a brewer license and a retailer license. He said they must be licensed by the State Tax Commissioner and no food sales are required. The brewery has been in business in Mapleton for a number of years, he said, and now has the opportunity to move into Drekker’s Downtown location.
Commissioner Gehrig moved the application be approved.
Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
State Water Commission Request for Cost Reimbursement for FM Diversion Flood Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $973,992.33 for cost reimbursement for the FM Metropolitan Area Flood Risk Management Project for April 2019. He said the request is for land expenses in the Diversion Channel Phase 1A and for work on the in-town flood mitigation project at 2nd Street South and Main Avenue.
Commissioner Strand moved the cost reimbursement request as presented in the amount of $973,992.33 for the FM Diversion Flood Project be approved.
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.
State Water Commission Request for Cost Reimbursement for FM Diversion Flood Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $88,136.44 for cost reimbursement for the FM Metropolitan Area Flood Risk Management Project for May 2019. He said the request is for expenses related to the Oxbow/Hickson/Bakke component of the project.
Commissioner Strand moved the cost reimbursement request in the amount of $88,136.44 for the FM Diversion Flood Project for expenses related to the Oxbow/Hickson/Bakke component of the project be approved.
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.
State Water Commission Request for Cost Reimbursement for FM Diversion Flood Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $1,294,793.15 for cost reimbursement for the FM Metropolitan Area Flood Risk Management Project for May 2019. He said these costs are related to expenses for land for the Diversion Channel and southern embankment, residential location assistance, demolition of flood buyouts and for work on the in-town flood mitigation project at 2nd Street South and Main Avenue.
Commissioner Strand moved the cost reimbursement requests as presented in the amount of $1,294,793.15 for the FM Diversion Flood Project be approved.
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.
Appointments to the Library Board Approved:
The Board received a communication from Mayor Mahoney stating the terms of Mary Dickson and Rachael Steenholdt on the Library Board expire on June 30, 2019. Ms. Steenholdt is willing to continue her service on the Board, he said; however, Ms. Dickson is unable to be reappointed as State Law limits Library Board members to two, three-year terms and Ms. Dickson has served two terms. He said he is recommending Whitney Oxendahl be appointed to the Library Board and Rachael Steenholdt be reappointed.
Commissioner Strand moved the reappointment of Rachael Steenholdt and the appointment of Whitney Oxendahl to the Library Board for three-year terms ending June 30, 2022, be approved.
Second by Gehrig. On call of the roll Commissioners Strand, Gehrig, Grindberg, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Appointments to the Civil Service Commission Approved:
The Board received a communication from Mayor Mahoney recommending that Nancy Jordheim and Mike Wenaas be reappointed to the Civil Service Commission.
Commissioner Strand moved the reappointments of Nancy Jordheim and Mike Wenaas to the Civil Service Commission for three-year terms ending June 30, 2022, be approved.
Second by Gehrig. On call of the roll Commissioners Strand, Gehrig, Grindberg, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Randy Engelstad Appointed to the Special Assessment Commission:
The Board received a communication from Mayor Mahoney recommending that Randy Engelstad be appointed to the Special Assessment Commission to replace Joe Burgum whose term expires on July 1, 2019.
Commissioner Strand moved the appointment of Randy Engelstad as a Member of the Special Assessment Commission for a three-year term ending July 1, 2022 be approved.
Second by Gehrig. On call of the roll Commissioners Strand, Gehrig, Grindberg, 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 2019-2020 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 2019-2020 academic school year. He said he would like to recommend the following interested participants:
Returning members: Chloe Bry (South-12); Olivia Drake (Davies-11); Yvonnah Marshall (South-11); Hadley Mineer (North-12); Erika Spanjer (North-10); and Kha “Andy” Tao (Davies-10).
New members: Claire Bailly (Shanley-12); Sophie Brantner (Oak Grove-9); Andrew Green (Oak Grove-9); Jayden Lindgren (Davies-9); Aarya Panwalkar (North-10); Olivia Quinlan (Davies-11); and Abbey Rudd (North-10).
Commissioner Strand moved the members be appointed to the Fargo Youth Initiative for the 2019-2020 school year be approved as recommended.
Second by Gehrig. On call of the roll Commissioners Strand, Gehrig, Grindberg, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Appointments to the Board of Adjustment:
The Board received a communication from Mayor Mahoney stating the terms of Mark Lundberg and Matthew Boreen on the Board of Adjustment expire on June 30, 2019. Mr. Boreen is willing to continue service on the Board, he said; however, Mr. Lundberg no longer wants to serve on the Board. He said he is recommending that Matthew Boreen be reappointed and Mike Mitchell, who has been serving as an Alternate member, be appointed to the Board of Adjustment.
Commissioner Strand moved the reappointment of Matthew Boreen to the Board of Adjustment for a three-year term ending June 30, 2022 and the appointment of Mike Mitchell to fill the vacancy on the Board for a term ending June 30, 2022 be approved.
Second by Gehrig. On call of the roll Commissioners Strand, Gehrig, Grindberg, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Request for Proposal (RFP) for the Core Neighborhoods Plan Approved (Moved from the Consent Agenda):
The Board received a communication from Director of Planning and Development Nicole Crutchfield stating staff is requesting formal approval to move forward with an RFP to hire a professional consultant to conduct and develop a Core Neighborhood Plan. She said the planning process is intended to build upon the work recently completed with the Downtown InFocus Plan by bringing together City officials, residents, the development community and other stakeholders to collaboratively expand planning efforts to the neighborhood surrounding the Downtown core. The study will build upon the vision and goals of the GO2030 Comprehensive Plan, identify and respond to current conditions and issues and guide public and private investment in the City’s core neighborhoods, she said. The study area will be from 19th Avenue North south to I-94, then east to the Red River and west to 25th Street, she said. Not all neighborhoods are the same, she said, and they are going to have individual characteristics; however, there are some similar issues, including property maintenance and character, code enforcement, affordable housing, school enrollment, aging infrastructure and other livability issues. She said the project outcomes will include a collective and broadly supported future vision and plan for the core neighborhoods, as well as improved trust and understanding amongst citizens, City staff and the development community, a framework for enhanced neighborhood identify and vibrancy, clearly defined implementation actions and relevant data and information. She said the RFP proposals are due on August 23rd with a project kickoff planned in December 2019 and project completion at the end of 2020.
In response to a question from Commissioner Grindberg asking why the neighborhood just south of I-94 was not included, Ms. Crutchfield said at this point the focus is on the core neighborhood. The area south of I-94 to 32nd Avenue is going to need some additional deep dive analysis, she said, and the Planning Department did not feel like this should be a one-size-fits-all plan.
Commissioner Grindberg moved the request for an RFP for the Core Neighborhoods Plan be approved.
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.
Assistant City Administrator Michael Redlinger said after the storm on Saturday, City crews were busy all weekend with cleanup. He said this will be a long-term recovery operation and the focus is to remove all of the downed trees and branches, then Forestry crews will inspect the trees, look for additional damage and catch any structural problems. He said during this initial cleanup period, he asks that property owners move downed tree limbs and branches to the boulevard as quickly as possible so crews can pick them up. He said there is a significant amount of work to do, private contractors have been brought in to assist Public Works and Forestry and he asks that the public to be patient and understanding due to the fact that this was a significant citywide event.
Commissioner Grindberg moved that the Board adjourn to 5:00 o’clock p.m., Monday, July 15, 2019.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 5:56 o’clock p.m.