Board of City Commissioners - July 15, 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 15, 2019.

The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: Fargo was hit with winds in excess of 80 miles per hour on June 29th resulting in high volumes of branches being placed on the curb - Forestry, Streets and contracted staff have worked extended days for more than 776 man-hours to date, making 5,471 stops, averaging 683 per day, there have been 97 street tree removals and 200 tons of wood chips and brush collected; Inspections has debuted its new software making it easier for citizens and contractors to accomplish plan review and permitting needs; The Library participated in opening day of the Red River Market on July 13th; a Miami-based artist has been commissioned to paint a mural on the Fargo Cass Public Health and Fargo Police Substation building in south Fargo and the public can watch the artist and area students paint a mural titled “Unity” on July 22nd from 11 a.m. to 1 p.m.; Fargo has been recognized as one of the top ten best-run cities in the US for 2019 in a study conducted by WalletHub and earlier this year WalletHub named Fargo as one of the sixth happiest cities to live in America. As the debut of a new campaign titled “We Work for You,” a video highlighting members of Team Fargo was shared that highlighted Fargo’s Solid Waste Department.

Order of Agenda Approved:
Commissioner Strand moved the Order of the Agenda be approved moving Item No. “3” from the Consent Agenda to the Regular Agenda, withdrawing Item
No. “8” from the Consent Agenda and adding a construction update to the end of 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 July 1, 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. 1st reading of the following Ordinances:
a. Amending Section 22-0301 of Article 22-03 of Chapter 22 of the Fargo
Municipal Relating to Plumbing Code.
b. Amending Section 16-0105 of Article 16-01 of Chapter 16 of the Fargo Municipal Code Relating to Waterworks System.

2. 2nd reading and final adoption of an Ordinance rezoning Certain Parcels of Land Lying in Blu Water Creek 4th Addition, City of Fargo, Cass County, North Dakota.

3. Reject the proposals received for the Park East property (moved to the Regular Agenda).
4. Sole Source Procurement for Professional Consulting Services with Walker Consultants for the parking facility portion of the proposed Mercantile Mixed-Use project.

5. Direct the City Attorney to draft a Parking Agreement with the owners of the Bison Apartments for the agreed upon terms, contingent upon the construction of the Mercantile Parking Ramp.

6. Applications for Games of Chance:
a. Osgood Kindergarten Center PTO for a raffle from 8/5/19 to 11/16/19.
b. Bison Wrestling Club for a raffle on 11/2/19.
c. Horse Race North Dakota Foundation for a calendar raffle from 7/19/19 to 7/28/19.
d. Fargo Moorhead Derby Girls for a raffle on 9/14/19.
e. River Keepers for a raffle on 8/8/19.

7. Memorandum of Offer to Landowner – Permanent Easement with Douglas James Anderson (Project No. FM-15-J2).

8. Revisions to the City Municipal Code Nos. 16-0105 and 22-0301 (withdrawn).

9. General Fund – Budget to Actual through June 2019 (unaudited).

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

11. Notice of Grant Award Amendment with the ND Department of Health for the PHEP/EPR Statewide Management Team (CFDA #93.074).

12. Direct City Attorney to review and amend Articles 10-0103, 35-0103 and 1-0305 regarding tobacco use and sales to minors.

13. Notice of Grant Award with the ND Department of Health for Water Pollution – EPA Block (CFDA #66.605).

14. Agreement for Services with Josh Ebert for the City Readiness Initiative grant.

15. Agreement with Upper Missouri District Health Unit for Statewide Tobacco Prevention Public Education Campaign.

16. Notice of Grant Award with the ND Department of Health for local public health unit tobacco prevention and control program.

17. Memorandum of Understanding with F-M Ambulance Service, Inc.

18. Bid award for conduit and fiber placement to Ernst Trenching, Inc. in the amount of $130,303.00 contingent upon Cass County Commission approval (RFP19098).

19. Bid award to McGough Construction Company, LLC in the amount of $5,250.00 for Construction Manager at Risk Services preconstruction services for the Civic Plaza, Area 1 (RFQ19106).

20. Acquisition of 1529 10th Avenue South in the amount of $47,000.00 using 2019 CDBG Block Grant Funds.

21. Bid award to Sanitation Products in the amount of $62,178.35 for one hook hoist refuse body (RFP19092).

22. Bid award to RDO Equipment in the amount of $217,000.00 for one motor grader with wing (RFP19105).

23. Memorandum of Understanding with National Audubon Society, Inc. to support their urban woods and prairies initiative.

24. Contract and bond for Project No. FM-15-J2.

25. Bills in the amount of $10,318,639.41.

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. BN-19-J1 Approved:
Commissioner Grindberg moved Change Order No. 1 for an increase of $10,201.23 for Improvement District No. BN-19-J1 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.

Negative Final Balancing Change Order No. 1 for Improvement District No. BN-18-L1 Approved:
Commissioner Grindberg moved Negative Final Balancing Change Order No. 1 in the amount of -$16,815.90 for Improvement District No. BN-18-L1 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.

Negative Final Balancing Change Order No. 5 for Improvement District No. BR-18-E1 Approved:
Commissioner Grindberg moved Negative Final Balancing Change Order No. 5 in the amount of -$8,243.95 for Improvement District No. BR-18-E1 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.

Amendment No. 3 for Improvement District No. BR-18-C0 Approved:
Commissioner Grindberg moved Amendment No. 3 to the Professional Services Agreement with Apex Engineering in the amount of $32,500.00 for Improvement District No. BR-18-C0 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.

Amended Utility Relocation and Payment Authorization to Minnkota Power Cooperative, Inc. Approved (Improvement District No. BN-19-A2):
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) stating Minnkota Power Cooperative, Inc. had additional costs during construction not included in the previously estimated amount due to snow removal to access their lines and the de-energization of both of their lines throughout the bridge construction.

Commissioner Grindberg moved to amend the utility relocation and authorize payment of $137,357.43 to MinnKota Power Cooperative Inc. for Improvement District No. BN-19-A2.

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.

Discussion on Commissioners Cost of Living Increases:
Commissioner Gehrig said the Commission packet includes the amount of his pay for his first paycheck and the amount to date, which is an approximate 10% increase. He said he noticed the increase and did not recall ever voting for a pay increase and his research showed the increase was for Cost of Living Adjustments (COLAs). He said he is asking for a more transparent process where, if Commissioners do not feel they are being paid enough, they ask the residents of Fargo for an increase. He said Commissioners are not regular employees, rather elected officials, and he wants it to be a stand-alone vote for pay increases and to remove any conflict of interest if looking at COLA. He said it is not the intent of the Board to slip in an increase for themselves along with an employee increase, which is what is happening. He said he has asked the City Attorney for appropriate language.

City Attorney Erik Johnson said the current Ordinance has a provision that indicates the salary of the Commissioners and the Mayor would be set by the budget process. The draft he made at Commissioner Gehrig’s request has language stating the monthly salary of the City Commission shall be the same and the Mayor’s may be higher without any provision for an automatic increase or other adjustment, he said, and any subsequent increase or adjustment in such salaries would be approved by Ordinance.

Commissioner Gehrig moved to direct the City Attorney to draft an Ordinance eliminating automatic increases or adjustments to the monthly salary of the City Commissioners.
The motion died for lack of a second.

Commissioner Strand said from his experience with eight years on the School Board, he feels there is no issue more contentious than when one addresses their own salaries as elected officials, which is required annually by statute. He said he led an effort to depoliticize the wages process near the end of his term with the School Board and he would not want to go down the path with the contentiousness of the public and politicized approach to wages. He said while he appreciates Commissioner Gehrig’s concern, it is clearer and cleaner to build in the cost of living adjustment. Board members should be compensated, he said, this is not a job requiring only a couple hours a week; it requires a major commitment and deals with budgets of tens and hundreds of millions of dollars.

Commissioner Grindberg said he did not know the salary of a City Commissioner until after he was elected. He said 10, 15 years ago or so, the State Legislature depoliticized legislative pay to be reflective of state pay raises and he feels the same logic can apply here.

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 July 1, 2019 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.
At the July 1, 2019 Regular Meeting, the Hearing was continued to this date and hour; however, the applicant has requested that 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 Strand. On call of the roll Commissioners Grindberg, Strand, Piepkorn, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Renaissance Zone Project for Clark Equipment Company Approved:
A Hearing had been set for July 1, 2019 to receive comments on a Renaissance Zone Project for Clark Equipment Company for a commercial lease project located at 118 Broadway North.
At the July 1, 2019 Regular Meeting, the Hearing was continued to this day and hour.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.

Planning Director Nicole Crutchfield said the Renaissance Zone Project application presented by Clark Equipment Company meets all of the minimum criteria set forth in the Renaissance Zone Plan and is consistent with the established goals and objectives. She recommended that the project be approved and noted that the lease has to be approved by the Renaissance Zone Authority as an approved project. The DFI Black Building, number 253F, was approved by the City Commission in December 2016, she said; however, the State has not provided final approval due to construction not being complete. She said the Black Building is about 95% complete and is expected to be completed soon so there is a condition in the recommendation.

Nathan Gemar, representing Doosan/Bobcat, said his company saw the value of the entrepreneurship in Downtown and how it is growing. He said the facility is more of a new business for digital innovation and technical development, software development and student development program, so it is project based. It is valuable to Fargo, he said, and Bobcat will be a key tenant in the Black Building.

In response to a question from Commissioner Grindberg about whether this team is moving from the NDSU Research Park to Downtown, Mr. Gemar said yes. He said they first were going to remodel extensively at the Research Park and Bobcat values the relationship with NDSU; however, NDSU has a presence Downtown too. Being able to expand on the excitement of Downtown, build on the start-up spiritship and attract start up talent is beneficial, he said.

Commissioner Gehrig said none of the explanations given for staying and moving to Downtown Fargo would be cause for an incentive.

Commissioner Piepkorn moved the Renaissance Zone application filed by Clark Equipment Company for a commercial lease project located at 118 Broadway North be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority, once final approval is received on DFI Black Building, LLC.

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

Hearing on Application Filed by Great Plains 1001 Holdings, LLC for Renaissance Zone Project Continued to July 29, 2019:
A Hearing had been set for this day and hour on an application filed by Great Plains 1001 Holdings, LLC for a Renaissance Zone new construction project located at 1001 and 1011 Northern Pacific Avenue North, 28 10th Street North, 1016 1st Avenue North and 11 11th Street North; 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 Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Hearing on Application Filed by Great Plains 1001 Holdings, LLC for a Payment in Lieu of Tax Exemption (PILOT) Continued to July 29, 2019:
A Hearing had been set for this day and hour on an application filed by Great Plains 1001 Holdings, LLC for a payment in lieu of property tax exemption for a project located at 1001 NP Avenue, 28 10th Street North, 1016 1st Avenue North and 11 11th Street North, which the applicant will use in operation of leasing residential apartments and commercial space; 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 Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Hearing on Application Filed by Great Plains Antique Holdings, LLC for a Payment in Lieu of Tax Exemption (PILOT) Continued to July 29, 2019:
A Hearing had been set for this day and hour on an application filed by Great Plains Antique Holdings, LLC for a payment in lieu of property tax exemption for a project located at 1017 4th Avenue North, which the applicant will use in operation of leasing residential apartments; 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 Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Hearing on Application Filed by DFI Kesler, LLC for a Payment in Lieu of Tax Exemption (PILOT) Continued to July 29, 2019:
A Hearing had been set for this day and hour on an application filed by DFI Kesler, LLC for a payment in lieu of property tax exemption for a project located at 624 2nd Avenue North, 621 1st Avenue North and 617 1st Avenue North, which the applicant will use in operation of leasing residential apartments and commercial space; 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 Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Hearing on Right-of-Way Vacation of the Alley Between Lots A B, C, D, E, F, T and U, the Vacated 10 Foot Alley Adjacent to Lots T and U, Hagaman’s Subdivision of Part of Block 2, Roberts Addition (624 2nd Avenue North and 613, 617 and 621 1st Avenue North) Continued to August 12, 2019:
A Hearing had been set for this day and hour on Right-of-Way Vacation of the Alley Between Lots A B, C, D, E, F, T and U, the vacated 10 foot alley adjacent to Lots T and U, Hagaman’s Subdivision of part of Block 2, Roberts Addition (624 2nd Avenue North and 613, 617 and 621 1st Avenue North); however, the applicant has requested the Hearing be continued to August 12, 2019.

Commissioner Grindberg moved the hearing be continued to 5:15 o’clock p.m. on Monday, August 12, 2019.

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.

Annexation of a Portion of the Northwest Quarter in Section 11, Township 138 North, Range 49 West, 5th Principal Meridian, Cass County, North Dakota, that lies East of the East Right of Way Line of Interstate Highway 29 and Auditor’s Lots 1 and 2 of the Northeast Quarter of Section 11, Township 138 North, Range 49 West, 5th Principal Meridian, Cass County, North Dakota: No Protests Received:
A Notice was published in the official newspaper for the City of Fargo, as required by law, on July 8, 2019, stating that a petition had been filed with the City of Fargo for annexation of a Portion of the Northwest Quarter of Section 11, Township 138 North, Range 49 West, 5th Principal Meridian, Cass County North Dakota, that lies East of the East Right of Way Line of Interstate Highway 29 and Auditor’s Lots 1 and 2 of the Northeast Quarter of Section 11, Township 138 North, Range 49 West, 5th Principal Meridian, Cass County, North Dakota.
No protests have been filed with the City Auditor’s Office after publication of the Notice.
The Board determined that no person is present to protest or offer objection to the annexation petition.

Current Planning Coordinator Donald Kress said the petition for annexation was brought forward by the landowner, who owns more than three-fourths of the property in the annexation area. Some of the area is owned by the City and the Southeast Cass Water Resources District, he said. There have been no protests or concerns from the public, he said, and the proposal for the property, which contains about 172 acres, is to develop it as Selkirk Place First Addition with residential and commercial development on the south side of 64th Avenue South, east of
Interstate 29.

Commissioner Strand said this is the second annexation he has seen in his term and he wrestled with the first vote so this time he is asking questions more proactively. He said there is pushback from the public when diversion plans are not firm and he would like the question of growing the City’s footprint in a floodplain addressed.

Mayor Mahoney said all of south Fargo is in the floodplain, and the land must have a FEMA Letter of Map Revision (LOMR) and basements must be floodproofed. Growth can continue in those areas, he said, and if one builds north or south of 64th Avenue, the rules are the same as everybody else. Usually the City adds what is close to infrastructure, he said, and is not doing fringe growth.

First Reading of an Ordinance Annexing a Certain Parcel of Land Lying in the Northeast Quarter of Section 11, Township 138 North, Range 49 West, in 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 moved the Ordinance Annexing a Certain Parcel of Land Lying in the Northeast Quarter of Section 11, Township 138 North, Range 49 West, in Cass County, North Dakota be placed on first reading.

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

Parcels of Land in Selkirk Place First Addition Rezoned (2816, 2886, 2896, 2990 3006 and 3340 64th Avenue South):
At a Hearing held on May 7, 2019 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural and GC, General Commercial to SR-2, Single-Dwelling Residential, SR-4, Single-Dwelling Residential, GC, General Commercial, and P/I, Public and Institutional.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Current Planning Coordinator Donald Kress said this picks up on the annexation just approved. He said 171.9 acres was annexed and the platted area in this phase is 87.8 acres. Currently, the west half is zoned GC, General Commercial and the east half is zoned AG, Agricultural, he said, and it is proposed to change zoning to SR-2 and SR-4, Single Dwelling Residential, one lot will retain GC, General Commercial and the remainder zoned PI, Public and Institutional. The developer has indicated the SR-4, Single Dwelling Residential lots may be further divided in the future, he said, and negotiations continue between the City and the property owner about a future fire station. He said the plat is slightly different than the plat shown in the agenda packet, an easement shown across the drain property was taken out of the plat and will be done by separate document. He shared a conceptual Master Plan of the full area to give an idea of what it may look like.

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 and Mahoney voted aye.
Commissioner Strand voted nay.
The Resolution was adopted.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Selkirk Place First 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 Selkirk Place First Addition to the City of Fargo, Cass County, North Dakota be place on first reading.

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

Resolution Adopted Approving Selkirk Place First 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 “Selkirk Place First Addition” containing 52 Lots, 6 Blocks and 87.82 acres of land more or less, located at 2816, 2886, 2896, 2990, 3006 and 3340 64th Avenue South; and
WHEREAS, A Hearing was held May 7, 2019 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 July 1 and 8, 2019 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., July 15, 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 “Selkirk Place First 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.

Parcels of Land in Madelyn’s Meadows Second Addition Rezoned (7269 25th Street South):
At a Hearing held on March 5, 2019 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to SR-4,
Single-Dwelling Residential and SR-5, Single-Dwelling Residential on parcels of land in Madelyn’s Meadows Second 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.

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.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Madelyn’s Meadows 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 Madelyn’s Meadows 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, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Resolution Adopted Approving Madelyn’s Meadows 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 “Madelyn’s Meadows Second Addition” containing 77 Lots, 5 Blocks and 14.5 acres of land more or less, located at 7269 25th Street South; and
WHEREAS, A Hearing was held March 5, 2019 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 July 1 and 8, 2019 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., July 15, 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 “Madelyn’s Meadows 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.

Appropriate Staff Directed to Prepare a Renewal Plan and Development Agreement for a Project Located Northeast of University Drive and 11th Avenue North:
The Board received a communication from Strategic Planning Director Jim Gilmour stating the Tax Exempt Review Committee recommends approval of a request for Tax Increment Financing (TIF) for redevelopment of a site northeast of 11th Avenue North and University Drive. He said the project would demolish 10 buildings and construct 85 apartments and 7 townhomes with demolition to being this fall and new construction completed in July 2021. The developer is requesting $950,000.00 in TIF fees paid to the City and interest on TIF costs, he said. The estimated annual TIF revenue is $123,000.00 a year, he said, and the maximum length of the TIF term would be 10 years after project completion. He said the Tax Exempt Review Committee recommends that the size of the TIF District be limited to Lots 2 and 3, the size of the initial Roers Development. Property owned by the Diocese would not be included in the TIF District and would not receive TIF funds, he said. Property taxes paid by the church for the faith-based housing would not benefit the developer, he said. Roers’ request was sent to PFM, a City financial adviser, he said, and after reviewing the request, PFM stated that based on the internal rate of return and the coverage requirements, the project would not be feasible without public assistance. PFM also concluded that the developer would bear all the risk involved with the project, he said. The next steps are to prepare a Renewal Plan and a Development Agreement for consideration at a future public hearing, he said, with that TIF size limited to Lots 2 and 3.

In response to a request from Commissioner Grindberg to share the option that the Tax Exempt Review Committee chose not to accept, Mr. Gilmour said the TIF District itself could be larger and include the faith-based housing on a portion of Lot 1. Projections, assuming $100,000.00 value per housing unit, could generate about $25,000.00 per year increase in TIF revenue, he said; however, the figure would vary with how it is assessed. A larger renewal area could be created with the money, he said, and activities with the funds could be acquisition and demolition of property so dilapidated homes could be looked at in the Roosevelt Neighborhood.

In response to a question from Commissioner Grindberg about whether anything has come from discussions on moving some of the houses, Ken Enokson, representing the Roosevelt Neighborhood, said two houses have been identified; one is to be sold to another entity and moved and the Diocese is looking at salvaging one. At least three other houses could be salvaged and moved, he said, and the hope is there would be some allocation of the TIF funds to help identify lots that can be acquired, plus some way to help with moving costs. He said funding would be needed for moving the homes, possibly parking them until lots would be available, purchasing lots and plumbing and electrical connections, perhaps through a public/private partnership with the other entities.

Mayor Mahoney said the homes have been up for sale for a while. He said the City does not own any lots at this time; however, would be willing to look at possibilities if homes could be salvaged. He said it appears the private sector has not stepped up, so if something can be done with the land trust, etc., in fairness to the developer, this needs to be figured out in the next 30 days due to the developer looking to tear down this area and starting to build this fall.

In response to a question from Mayor Mahoney on whether the Roosevelt Neighborhood would approve of the TIF if used this way, Mr. Enokson said there was initial discomfort due to lack of details and the impression that if the TIF did not go through, the project would not go through. He said they hoped that could mean going back to the table and looking at something with less density. Recognizing now that it probably is going forward, he said, the neighborhood would like help preserving some of the homes.

Larry Nygard, Roers Development, said that from his standpoint and that of the Diocese, they will do what can be done to save the homes if that is the Board’s intention. He said three, maybe four or five houses have been identified as having some value for moving. Timing is a problem, he said, although some on the southeast corner of the site could be staged, as that is the last area to be impacted. A vote on this as soon as possible is appreciated, he said, so financing can be finished and work can begin this fall. He said as far details on demolition and house moving, he feels they can work around those.

Commissioner Gehrig said the Board has been told that if the church does not happen, the Roers part does not happen; if the Roers part does not happen, the church does not happen; or if Roers does not get an incentive, none of it can happen because it is one project. Now the church has been demolished and a TIF has not been voted on, he said, and if that is the case, either the Board was not told the right thing or the fix is already in, or the incentive is not needed. He is perplexed that the church is gone, he said, and feels it is a clear indication that the “but for” question is not there and a TIF should be denied. He said Fargo is incentivizing more apartments and there are 9, 10, 12, 13 percent vacancies in some areas. He does not feel an incentive is necessary if the market can bear it, he said, and a million dollars in incentives for acquisitions and other things is not required.

Mr. Nygard said Commissioner Gehrig misstated what was presented at previous meetings. He said it was said that plans could not proceed as currently proposed without a TIF. There would be a dramatic change to the plans on behalf of the Diocese and a complete stoppage of the market rate apartment side, he said, so they would have to go back to the design board and reconfigure the project. He said that was what was represented, not that the Diocese’s project would stop completely. The demolition being viewed now is all occurring on Lot 1, he said, which is not a part of the TIF project.

Commissioner Gehrig said he would like to know if the TIF did not happen and the church is gone, would the project change and would that lot sit empty for as long as it would take to reestablish this project. He said it is not a separate project, it is literally and physically connected.

Commissioner Piepkorn said Lot 1 is the church and faith-based housing lot, there is no TIF on Lot 1 and there is no misinterpretation or false statements. They are starting their construction and have no involvement with the Board, he said.

Commissioner Grindberg said the TIF application was put in for Lot 2 and 3. He said he has been advocating what the discussions have been, working toward a compromise to do extra and working with the neighborhood. Taking it a step further, he said, whether there has been demolition or not, as policymakers the Board can move to find common ground and be sensitive to the needs of the neighborhood, the Diocese and the developer.

Commissioner Gehrig said the point being made is that if the TIF for Lot 2 and 3 does not happen, then Lot 1 and 4 do not happen, as it is drawn today. He said then it could be another year and now there is no church. The “but for” question is simply not there because they already moved forward knowing they did not need it, he said, and if the TIF is denied it will still go forward.

Commissioner Grindberg said the “but for” question does apply. He said he proposes adding options to the proposed motion to include high school build, Habitat for Humanity, potential purchasing of lots and committing to the land trust, or to relocate homes.

Commissioner Piepkorn said he chairs the Tax Exempt Review Committee and they unanimously passed the TIF strictly for Lots 2 and 3 and were not in favor of these potential options. The options are hypothetical and while they sound great, he said, he feels it should be kept as tight as possible on Lots 2 and 3 and have a TIF end as soon as possible. He said offering the neighborhood carrots to make them happy is not a good way of doing business and he will not support an expanded motion.

In response to a question Mayor Mahoney on whether the length of a TIF differs with Commissioner Grindberg’s motion, Mr. Gilmour said he assumes the TIF would still be ten years unless Commissioner Grindberg specifies otherwise and the value to the neighborhood is estimated to be $25,000.00 per year times ten years.

Commissioner Strand said showing good faith and an effort of supporting a land trust in the neighborhood would be helpful to have some seed money and funding to leverage forward.

In response to a question from Commissioner Strand about the unified project approach and whether it would remain a unified project if not funded by a TIF on either side, Mr. Gilmour said plans include parking below market-rate apartments and would continue under the faith-based apartments. He said if that got chopped off, a redesign would be needed for a different entrance and connection of the church project.

Commissioner Piepkorn said he has concerns when it comes to talking about funding a land trust, since it is not known who else is participating. He said it is a great concept; however, it needs to be known who else is in, where the money is going and who is governing it. He said this is all hypothetical and it not appropriate ways to use tax money. The focus needs to be on spending money wisely and keeping it tight, he said, not for other purposes.

Commissioner Stand said he is on the other side of Commissioner Piepkorn’s view. He said he and Commissioner Gehrig typically do not support some of these incentives and exemptions, especially for market-rate housing and he is looking for a way to get there with creativity. If voting on the TIF for the Roer’s project only, he would vote no, he said; however, the Board advanced the concept of exploring a neighborhood benefit as an expansion of this TIF. The project being looked at is maybe the fifth version of many versions, he said, and it took the neighborhood, the Planning Department and the developers to get together to the point where they can live with and go forward with it to benefit the neighborhood. Bottom line, he said, in light of the compromises and sacrifices they made, if there is not a benefit for the neighborhood, he is not in favor of the original TIF as approved by the Tax Exempt Review Committee. He said he will expand his support of TIF’s knowing incentives can be thrown to the neighborhood to bring good change. He said it does not have to be a land trust but options provide tools to work with and he is in favor of Commissioner Grindberg’s proposed motion.

Commissioner Grindberg moved appropriate staff be directed to prepare a Renewal Plan and Development Agreement for a project located Northeast of University Drive and 11th Avenue North for consideration at a future public hearing, a TIF to include the addition of faith-based housing and to use funds that are in four categories – high school build options, Habitat for Humanity, potential purchasing of lots and committing to the Land Trust on or by September 1, 2019, with the option to relocate up to 3 homes be approved.

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

Selection of Andrus Anderson, LLP and Robbins Geller Law Firms as Legal Counsel for the City in the Nationwide Opioid Lawsuit and the Contingent Fee Agreement Approved:
Mayor Mahoney said he and Commissioner Strand were tasked to look into the opioid issue and, unfortunately, ran into a deadline issue. He said City Attorney Erik Johnson protected the City in actions needed to go forward; however, the actions in no way obligate the Board. The Nationwide Opioid Lawsuit case is getting more aggressive and the feeling is something will happen this fall. He said the reasoning was somewhat influenced by the fact that Cass County has already filed suit with a company and is on the first tier of what happens. He apologizes to the Board for moving fast, he said; however, he had no choice with what needed to be filed. The Attorney General’s office has been made aware that the Board is proceeding in some manner, he stated.

City Attorney Erik Johnson said he recommends engaging a national litigation counsel regarding opioid litigation. He said he gave a report at the June 17, 2019 meeting about the litigation and the firms being discussed approached the City about a year ago when a decision was made then to stand behind the State’s lawsuit. Unfortunately a decision out of Burleigh County District Court dismissed that lawsuit in May 2019, he said, and that decision made him look at it again to see where that leaves the City. He said is seemed action needed to be taken on the day, last Tuesday, July 11th, and he visited with both firms, Motley Rice Group and Robbins Geller Law Firm who both suggested he file a complaint just to preserve a place in the timeline. That is the way these national class action negotiations can happen, he said, one gets put in a class depending on whether one has an action pending or not. It seemed prudent at that time to at least file a complaint, he said, and he took the liberty to do that; however, the Board has the option to withdraw if they choose to do so. He said it is filed under his name, not under the name of either of these two law firms and speaking for himself, he remains supportive of the State and hopes they are able to overturn the decision on appeal. There are some merits to the State’s case with respect to the kinds of remedies and damages they can attain, he said, and the issue at hand is whether to proceed with the lawsuit and engage counsel. The Robbins Geller Group represents Cass County and the City of Grand Forks, he said, so the belief is there is some value in aligning with Cass County. Both firms were asked to present their fee and contingent fee agreements, he said, and Motley Rice’s fees were structured at a higher percentage of the first million and going down as the amount of recovery comes in and the Andrus Anderson/Robbins Geller fee structure was a flat 15 percent. Following his presentation to the Board, he received a call from Motley Rice offering a flat rate of 10 percent; however, he said, he recommends ignoring that in terms of decision-making. He said he did go back to Andrus Anderson due to the fact he did not feel his position was to be negotiating that way, although Andrus Anderson was asked for the same fee arrangement as the County, he said, and they did agree to those same terms.

Commissioner Strand said when this topic first surfaced he was not inclined to think that a priority as a government subdivision was to be litigious and sue people; however, considering the egregious behavior of the companies that have led to thousands of deaths, he has turned a corner on that. He said opioids are not the only addiction in the world; however, the damage and harm to the community and the people is incalculable and a path forward is needed that addresses those harms. He said he is completely on board with joining up with the messaging that the damage to people needs to be compensated for or addressed and rectified.

Curtis Olafson, Motley Rice, LLC, said he knows the City has also consulted with another law firm and he hopes the City does take action. He said there are many advantages to his firm and there was never a good reason for the Board not to take action because of the suit by the Attorney General, who can pursue damages incurred by the State of North Dakota, which are mainly Medicaid damages. The cities and counties in North Dakota have far different damages, he said, and his group of firms has about 200 attorneys and 800 support staff. He said there is not an Attorney General in the nation who has the staff and expertise to tackle mitigation this massive and complex and the recommendation from the City Attorney to retain outside counsel is absolutely necessary in a litigation of this magnitude. He said he would caution the City not to count on money to flow down from Bismarck when it has been filtered through the office of the Attorney General and likely the Legislature. He said only 10 percent of the money from the Master Tobacco Settlement Agreement actually ended up in the hands of political subdivisions. More than a fee schedule, he said, the Board should consider the expertise and depth of knowledge and background of the law firms involved and the firms he represents are second to none.

Commissioner Grindberg said he is not comfortable with the process and will not support a motion, as he has not heard anything different to make him change his mind. He said he has a lot of faith in the Attorney General of North Dakota, as well as his colleague Senator Olafson. He said there are three reasons one sues – either for money, to change society or someone is mad. No one has been able to give a monetary loss other than Narcan purchases, he said, and the bigger expense is the County’s due to Human Services and Medicaid. A last minute negotiation to drop fees to 10 percent reinforces it is a litigation motivated on how much can be garnered with cities and counties to win a suit for more money, he said, and it seems outside what the City is vested in. He said he is not convinced and will put his eggs in the Attorney General’s basket.

Mr. Johnson said the question regarding supporting the State or not may have something to do with how the State allocates money and whether one has been in a lawsuit is one of the factors considered. Mr. Olafson is suggesting litigation damages would be separate and apart from that, which may be, he said; however, it is hard to predict. He said it is a matter of protecting the City’s interests and he feels there is a reasonable likelihood this will receive a global settlement. If litigation is not started, the City will still be a member of the class and be able to participate in that negotiation, he said, and if there is a negotiation that settles a lawsuit, it will not be tried in court. He said the value in initiating a lawsuit is to be a litigating class member and there may be value in getting a few more dollars. In the end, he said, if there were a nationwide settlement, like when the tobacco settlement occurred, money will come down whether through the State, County or City. It is hard to predict which is the best direction to go due to the fact there are unknowns, he said, so it is a matter of protecting the City’s interest by being in the lawsuit now.

Commissioner Strand moved the selection of Andrus Anderson, LLP and Robbins Geller Law firms as legal counsel for the City in the nationwide opioid lawsuit and contingent fee agreement be approved.

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

Market Adjustments for Bus Operator’s Wages Approved:
Assistant Transit Director Matthew Peterson said unemployment is low and wages for bus operators currently start at $15.10 per hour based on a contract negotiated in 2015, which is not sufficient to hire qualified individuals in the Fargo-Moorhead area. He said a competitive wage is necessary to attract qualified employees and he is looking at negotiating a contract adjustment with them to increase starting pay to $18.00 per hour. He said drivers are behind the wheel of a vehicle costing five to six hundred thousand dollars with up to 89 passengers on board at any given time, so there is a lot of responsibility. He said First Transit put the numbers together and an increase starting August 1, 2019 would require a budget adjustment of $206,101.00. He said First Transit is presently understaffed by 22 drivers, including the 10 routes that come into service in August, running the risk of not being able to operate services this fall with the start of the academic year.

Commissioner Gehrig said this is adding outside the budget cycle and for that alone he will vote no. He said a million dollars has been added in the last three meetings that were not foreseen for wages, bus routes and now for driver pay. He said the Board cannot keep adding to the budget without knowing impacts. This is over $200,000.00 this year, he said, and what about next year and the next five years? He said the Link FM could be eliminated; find drivers there and save $100,000.00.

Mr. Peterson said Commissioner Gehrig is correct, the cost is not known, which is why the Transit Department has submitted a proposal to the budget team for the last two years to bring dispatch in-house, then the costs would be known. He said when employees are contracted out, they are not employees of the Transit Department, which causes some midyear adjustments.

Commissioner Gehrig said he understands it is Mr. Peterson’s job to ask for more dollars; however, he is miffed at this Board for allowing these kinds of asks to come forward and to entertain them. He said the Board cannot keep adding to the budget without knowing the impacts now and later.

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

In response to a question from Commissioner Grindberg about the driver attrition rate, Mr. Peterson said they are 22 down right now.
Julie Sellner, First Transit, said turnover is greater than 40 percent and could be closer to 57 percent. She said they have only been able to get four people into revenue service since May, due to the fact that companies hiring CDL drivers starting wage is $15 to $22 per hour compared to $15.10, and in spite of offering bonuses and full benefit package, First Transit is not able to get people to commit. She said drivers are able to come in, receive training to get a CDL, and then start at other companies at over $20 per hour. Part of the wage increase is to bring senior employees along, she said, as they went last year with no increase.

Commissioner Grindberg said he agrees with Commissioner Gehrig that the City needs to get a handle on this with the budgeting process from HR to Finance and this needs to be managed better.

Commissioner Strand moved the market adjustments for bus operator’s wages be approved, as presented.

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

Contract Amendments for the Ground Transportation Center (GTC) Remodel Project Approved:
Cassie McNames, KLJ Engineering, gave an overview of the Planning Study and the project status after preliminary engineering. Key items from the Feasibility Study for the GTC were to increase vehicle and passenger safety, improve facility function, space utilization and accommodate growth and expansion, she said, in addition to reconfiguring the exterior parking layout for the buses, or Concept C, using the existing site. She said new findings from a structural assessment included cracked/debonded concrete overlay, broken post tension tendon (isolated incident); however, overall the facility is in good condition. She reviewed the additional maintenance and repair needs and said City staff brought forward some items not previously included that they would like to see included. She said because they are proposing to modify the extent of the deck, that reconfiguration means a $400,000.00 cost savings leaving a net cost to Transit of $9,500.00. Bids for the GTC renovations would be scheduled for November of 2019 with completion in August of 2020, she said, and the parking garage would be bid in February of 2020 and complete in September of 2020. To ensure timely completion of the final design and bidding documents over the coming weeks, she said, she is proposing the following items:
Approve GTC Deck Concept C to meet existing and short-term needs for MATBUS and leave open the option to re-evaluate Concept B at a future date as conditions change with MATBUS and parking dynamics downtown;
Approve an additional $750,000.00 in needed repair costs to support the overall GTC remodel, including costs related to transit and planning elements of the facility, of which $400,000.00 will be offset due to proceeding with GTC Deck Concept C;
Acknowledgement of the continued commitment to maintain the GTC structure in a state of good repair through a deferred maintenance schedule.

Assistant City Administrator Michael Redlinger thanked Ms. McNames and KLJ Engineering for all the good work that has gone into this study process. He said as far as financing, there is a NDDOT grant that is funding the transit portion of the project. He said with these construction documents to be prepared by KLJ, there will be the need to find an additional $9,500.00 and there is additional work to be done internally on the parking side for financing those improvements. He said the action tonight is to receive and file the report and opinion of costs. Sources of revenue will be researched including the C1 TIF District to see what is available and what other work has already been designed or contemplated in years past, and reconcile that to KLJ’s opinion of cost and summary. He said it will come back to the Board, per the schedule presented, to be discussed in 2020 for the parking side. He said the budget impacts would be in 2020, not in 2019.

In response to a request from Commissioner Grindberg for the creation of a spreadsheet outlining the original intention showing costs and credits and how it will be paid for, Mr. Redlinger said staff discussed creating such an illustration due to there being some reach-back into the 2018 budget and the 2018 study. He said staff would be happy to prepare that to help refresh the effort now in preparation for bids this fall.

Commissioner Piepkorn moved the Contract Amendments for the GTC Remodel Project be approved, as presented.
Second by Grindberg.

In response to a question from Commissioner Gehrig on whether the motion means it will be placed in this year’s budget, Mr. Redlinger said the motion is to receive the opinion of cost, the funding approval by the Commission would be later, this fall.

Commissioner Gehrig moved to amend the motion to state it is an acceptance of the cost estimates, not a budget obligation.

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

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

Proposals Received for the Park East Property Rejected:
Strategic Planning Director Jim Gilmour said in February the City of Fargo requested proposals for City-owned property at 1 - 2nd Street South. At that time, he said, City staff assumed it would be difficult to get approval for an additional access point on Main Avenue; however, the Engineering Department now believes that a right-in, right-out access to Main Avenue would be approved. This is one reason to restart the RFP process, he said, and the Finance Committee recommends the City decline the three proposals submitted for the Park East property and look at a different RFP.

Commissioner Strand said there has not been much discussion and the proposals were not seen by the Board. He said he has concerns about whether the City may have jumped the gun and whether proposals will change. He said he has concerns about what the needs are and what was being accomplished in the RFP, was it housing, commercial, mixed use or tax revenue? He said he wonders how much the applicants were going to invest and what they were going to bring to the community, and simply put, he wishes the City had not gone forward and asked for proposals. Now those who responded have shown their cards, he said, others will see what was advanced and he is still not sure it is known what direction the City is going for that parcel of land relative to the big picture. He would not be willing to come forward with an RFP until the goals are known and what is to be accomplished, and then who decides that, he asked. He is okay with rejecting the proposals; however, if he were one of those who submitted a proposal he would not be happy with this approach, he said.

Mayor Mahoney said when the RFP was issued it was not known if there could be access from Main Avenue, so there may not have been as much market interest. In addition, he said, the announcement by the Housing Authority that the High Rise may be torn down could change things, perhaps there would be a proposal for the High Rise and this parcel of land. He said to Commissioner Strand’s point, the RFP needs to define what people want to be done there, and he feels Planning and Community Development can do that and a project can be brought forward. The future of the High Rise is still in decision-making and there will be more clarity on that in three to four months, he said. With construction in that area, it would be difficult to stage another project there, he said, and through the fall some answers can be found.

Commissioner Grindberg moved the proposals received for the Park East property be rejected.

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.

Construction Update:
City Engineer Brenda Derrig said the Forum has been updating City projects each Monday, which has really helped in getting information out. She said there were a couple weeks where there was a cement shortage in town, and while it did not affect end construction time, it affected paving schedules. In addition, the impact from some large rainfall events has meant more weekend work, she said. One safety incident was reported where a contract employee was injured, she said, requiring stitches. She said social media accounts such as Twitter and Facebook are helpful in getting construction information to the public, along with FargoStreets.com. She demonstrated the interactive map where the public can look at all the projects and details. Besides construction, she said, work is underway for right-of-way permitting and the first small cell deployment could happen this fall. Some studies that the City is currently working with MetroCog on include the 17th Avenue South/Bike Gap/SafeRoutes, the NW Metro Transportation Plan and the Long-range Transportation plan. Design work is being done for the second phase of Main Avenue from Broadway to University, the 64th Avenue South design, she said, as well as North University Drive. Work is underway for all areas of Fargo to have City owned streetlights by 2021, she stated.

Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Monday, July 29, 2019.

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

The time at adjournment was 6:58 o’clock p.m.