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Board of City Commissioners - March 11, 2019

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Room at City Hall at 5:00 o'clock p.m., March 11, 2019.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn, Strand, Mahoney (via conference call).
Absent: None.
Deputy Mayor Piepkorn presiding.

Order of Agenda Approved:
Commissioner Gehrig moved the Order of the Agenda be approved.

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

Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on February 25, 2019 be approved as read.

Second by Gehrig. 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. 2nd reading and final adoption of an Ordinance Repealing and Re-Establishing a Conditional Overlay District on Certain Parcels of Land Lying in BLU Water Creek 4th Addition, City of Fargo, Cass County, North Dakota.

2. Applications for property tax exemptions for improvements made to buildings:
a. Bruce E. and Elizabeth M. Thompson, 434 7th Avenue South (5 year).
b. Nicholas Rintoul, 1461 7th Street North (5 year).
c. Kevin M. and Wendy A. Miller, 38 18th Avenue North. (5 year).

3. Applications for Games of Chance:
a. St. Joseph’s School for a raffle on 3/16/19.
b. NDSU Saddle and Sirloin Club for a raffle on 4/10/19.
c. Kappa Delta Sorority for a raffle on 3/25/19.
d. Essentia Health Fargo Foundation for a raffle on 4/4/19; Public Spirited Resolution.
e. Grace Lutheran School for a raffle on 3/23/19.

4. Receive and file a report of City investment holdings as of 12/31/18.

5. Sole Source Procurement with Odney Media for a campaign regarding e-cigarettes tobacco program (SSP19036).

6. Wildlife Management Program Report for 2018-2019 and Resolution authorizing program for 2019-2020 (Attachment “A”).

7. Award Ground Transportation Center (GTC) Design/Bid/Build project to KLJ, Inc.

8. Tax Increment Financing (TIF) and Payment in Lieu of Taxes (PILOT) Application Fee Schedule.

9. Bid award for Concrete Utility Cut Repair to Q3 Contracting Inc. (RFP 19018).

10. Bid awards for Aggregate Materials, Concrete, Asphalt, Emulsified Asphalt and Re-Bar (RFP 19019).

11. Purchase Agreement with Janice L. Springer for property located at 709 Royal Oaks Drive North (Project No. FM-19-B).

12. Memorandum of Offer to Landowner, Permanent Easement (Levee for Flood Control) and Agreement for Use of Easement Area Granted to City with Elaine A. Fiske (Project No. 5946-02).

13. Bid advertisement for Project No. TR-19-A.

14. Contract award in the amount of $714,573.00 to Traffic Control Corporation for Project No. TR-18-A2.

15. Revisions to the 2019 Capital Improvement Plan removing Project No. TM-19-A1 and the 40th Avenue North Bridge Maintenance Project and adding the NP/Center Avenue Bridge Maintenance Project No. QR-19-A1.

16. Negative Final Balancing Change Order No. 3 in the amount of -$1,690.00 for Project No. SR-18-A1.

17. Concur with low bid and recommend the City of Moorhead award the bid in the amount of $627,878.00 to PCI Roads, LLC for Project No. QR-19-A1.

18. Bills in the amount of $6,433,955.96.

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

Early Building Permit for Property at 19th Avenue and 43rd Street North Approved (Improvement District Nos. UN-18-C1 and PN-18-C1):
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) stating the committee reviewed an application for an early building permit submitted by Arion Group, LLP/Enclave Construction for their EW Wylie building at 19th Avenue North and 43rd Street. They said as part of the early building permit the applicant will provide a deposit that could be used to repair any impacts from the site construction to the municipal project. This lot has 1,202 feet of frontage; therefore, the deposit will be $24,040.00, they said.
Commissioner Grindberg moved the Agreement for Early Building Permit with Arion Group, LLP and Enclave Construction be approved.

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

Negative Final Balancing Change Order No. 2 for Improvement District No. BR-17-L1 Approved:
Commissioner Grindberg moved Negative Final Balancing Change Order No. 2 in the amount of -$55,187.53 for Improvement District No. BR-17-L1 be approved.

Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Mahoney, Strand and Piepkorn 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. BN-18-G1 Approved:
Commissioner Grindberg moved Final Balancing Change Order No. 3 for an increase of $23,638.40 for Improvement District No. BN-18-G1 be approved.

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

Change Order No. 3 and Time Extension for Improvement District No. NR-18-A1 Approved:
Commissioner Grindberg moved Change Order No. 3 for an increase of $62,725.80 and a 31-day time extension for Improvement District No. NR-18-A1 be approved.

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

Change Order No. 3 and Time Extension for Improvement District No. FM-17-C1 Approved:
Commissioner Grindberg moved Change Order No. 3 for an increase of $99,997.00 and a 31-day time extension for Improvement District No. FM-17-C1 be approved.

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

No Protests Received for Concrete Paving, Signing, Street Lights and Incidentals Improvement District No. PN-18-C1:
The Statutory Resolution of Necessity for the construction of Concrete Paving, Signing, Street Lights and Incidentals Improvement District No. PN-18-C1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on February 4 and 11, 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 Concrete Paving, Signing, Street Lights and Incidentals Improvement District No. PN-18-C1.

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

Bids Received for Concrete Paving, Signing, Street Lights and Incidentals Improvement District No. PN-18-C1:
The bids for Concrete Paving, Signing, Street Lights and Incidentals Improvement District No. PN-18-C1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., March 6, 2019 and the bids were found to be as follows:

Northern Improvement Company Fargo, ND
Bid: $1,754,746.26

Dakota Underground Company, Inc.Fargo, ND
Bid: $1,862,718.10

All Finish Concrete, Inc. West Fargo, ND
Bid: $1,927,022.70

Paras Contracting Inc. Fargo, ND
Bid: $2,083,090.80

Opp Construction, LLC Fargo, ND
Bid: $2,274,653.45

Strata Corporation Grand Forks, ND
Bid: $2,560,719.93

Contract for Concrete Paving, Signing, Street Lights and Incidentals Improvement District No. PN-18-C1 Awarded to Northern Improvement Company in the Amount of $1,754,746.26:
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 Concrete Paving, Signing, Street Lights and Incidentals Improvement District No. PN-18-C1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received March 6, 2019 for Concrete Paving, Signing, Street Lights and Incidentals Improvement District No. PN-18-C1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Concrete Paving, Signing, Street Lights and Incidentals Improvement District No. PN-18-C1 shows the bid of Northern Improvement Company of Fargo, North Dakota, in the sum of $1,754,746.26 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 Northern Improvement Company in the sum of $1,754,746.26 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Concrete Paving, Signing, Street Lights and Incidentals Improvement District No. PN-18-C1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Northern Improvement Company for the sum of $1,754,746.26, 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, Mahoney, Strand and Piepkorn voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Asphalt Mill and Overlay and Incidentals Improvement District No. PR-19-G (Various Locations in North Fargo):
Commissioner Grindberg moved the following action be taken in connection with Asphalt Mill and Overlay and Incidentals Improvement District No. PR-19-G:

Adopt Resolution Creating Improvement District No. PR-19-G:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. PR-19-G in the City of Fargo, North Dakota, be created

LOCATION (Section 1):
On Lilac Lane North from Maple Street North to Willow Road North (including cul-de-sac).
On Maple Street North from 29th Avenue North to Willow Road North.
On 28th Avenue North from Maple Street North to the end of cul-de-sac.
On North Woodcrest Drive North from Maple Street North to Willow Road North.
On Meadowlark Lane North from Maple Street North to Lilac Lane North.
On Willow Road North from Maple Street North to North Woodcrest Drive North.
On Park Lane North east of North Woodcrest Drive North.
On North Woodcrest Drive North from South Woodcrest Drive North to end of cul-de-sac.

LOCATION (Section 2):
On 10th Street North from 31st Avenue North to 28th Avenue North.
On 9 ½ Street North from 30th Avenue North to 19th Avenue North.
On 9th Street North from 32nd Avenue North to 19th Avenue North.
On 8th Street North from 32nd Avenue North to 28th Avenue North.
On 8th Street North from 25th Avenue North to 19th Avenue North.
On 7th Street North from 25th Avenue North to 19th Avenue North.
On 31st Avenue North from 10th Street North to Broadway North.
On 30th Avenue North from east of 10th Street North to Broadway North.
On 29th Avenue North from east of 10th Street North to Broadway North.
On 28th Avenue North from 10th Street North to 8th Street North.
On 25th Avenue North from 10th Street North to 8th Street North.
On 22th Avenue North from 10th Street North to Broadway North.

COMPRISING (Section 1):
Lots 4 & 5, Block 5, Longfellow Addition.

Lots 1 through 19, Block 1.
Lots 1 through 28, Block 2.
All in North Oaks Addition.

Lots 1 through 5, Block 6.
Lots 1 through 10, Block 8.
Lots 1 through 10, Block 9.
Lots 1 and 2, Block 10.
All in Elm Tree Park 2nd Addition.

Lots 5 through 14, Block 8.
Lots 5 through 14, Block 9
Lots 5 through 9, Block 10.
Lot 14, Block 11.
Lots 1 through 7, Block 14.
All in Woodcrest 2nd Addition.

Lots 1 through 10, Block 13.
Lots 5 through 18, Block 15.
Lots 13 through 25, Block 16.
Lots 1 through 7, Block 17.
All in Woodcrest 3rd Addition.

Lots 1 through 8, Block 18.
Lots 1 through 16, Block 19.
Lots 1 through 9, Block 20.
Lots 1 through 11, Block 21.
Lots 1 through 9, Block 22.
All in Woodcrest Park Addition.

COMPRISING (Section 2):
Lots 1 through 3, Block 1, Sunwood Addition.
Lots 1 through 7, Block 1.
Lots 1 through 6, Block 2.
All in Cedarholm Addition.

Lots 1 through 16, Block 1.
Lots 1 through 16, Block 2.
Lots 1 through 16, Block 3.
Lots 1 through 8, Block 4.
Lots 5 through 12, Block 5.
Lots 5 through 16, Block 6.
Lots 1 through 16, Block 7.
Lots 1 through 8, Block 8.
All in Knollbrook Addition.

Lots 1, 2, 15 and 16, Block 1.
Lots 1 through 16, Block 2.
Lots 1 through 46, Block 3.
Block 4.
Lots 1 through 20, Block 5.
Block 6.
All in Laurence Yunker 1st Addition.

Lots 1 through 10, Block 7.
Lots 1 through 8, Block 8.
All in Laurence Yunker 2nd Addition.

Lots 1 through 7 and 15 through 28, Block 1.
Lots 1 through 28, Block 2.
Lots 1 through 14, Block 3.
All in Peter Sway 1st Addition.

Lots 3 through 18, Block 1.
Lots 1 through 18, Block 2.
Lots 1 through 9, Block 3.
All in Peter Sway 2nd Addition.

Lots 5 through 8, Block 1.
Lots 1 through 8, Block 2.
Lots 1 through 4, Block 3.
Lots 1 through 11, Block 4.
All in Peter Sway 3rd Addition.

Lots 1 through 13, Block 1.
Lots 1 through 13, Block 2.
Lots 1 through 13, Block 3.
Lots 1 through 13, Block 4.
All in Peter Sway 4th Addition.

Lots 1 through 13, Block 1.
Lots 1 through 26, Block 2.
Lots 1 through 13, Block 4.
Lots 1 through 26, Block 5.
Lots 1 through 10, Block 7.
Lots 1 through 21, Block 8.
Lots 1 through 16, Block 9.
All in Peter Sway 5th Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Asphalt Mill and Overlay and Incidentals Improvement District No. PR-19-G 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. PR-19-G:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PR-19-G in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $2,300,199.50.)

Order Plans and Specifications for Improvement District No. PR-19-G:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. PR-19-G in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. PR-19-G:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. PR-19-G 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. PR-19-G in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Asphalt Mill and Overlay and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Asphalt Mill and Overlay and Incidentals Improvement District No. PR-19-G in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Asphalt Mill and Overlay and Incidentals must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

Direct City Auditor's Office to Call for Bids for Improvement District No. PR-19-G:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. PR-19-G in the City of Fargo, North Dakota.

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

Board of Equalization to Meet at 7:30 a.m. on Tuesday April 9, 2019:
Commissioner Strand moved the Board of Equalization meet at 7:30 o’clock a.m. on Tuesday, April 9, 2019.

Second by Gehrig. On call of the roll Commissioners Strand, Gehrig, Grindberg, Mahoney and Piepkorn 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 Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $135,130.77 for cost reimbursement for the FM Area Flood Risk Management Project for January 2019. He said the request is for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project.
Commissioner Grindberg moved the cost reimbursement request in the amount of $135,130.77 for the FM Diversion Flood Project for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project be approved.

Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Mahoney, Strand and Piepkorn 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 Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $13,901.70 for cost reimbursement for the FM Area Flood Risk Management Project for January 2019. He said the request is for expenses related to projects in the Oxbow/Hickson/Bakke component of the project.
Commissioner Grindberg moved the cost reimbursement request in the amount of $13,901.70 for the FM Diversion Flood Project for expenses related to projects in the Oxbow/Hickson/Bakke component of the project be approved.

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

Presentation Regarding the Neighborhood Revitalization Initiative (NRI) Program:
Planning Director Nicole Crutchfield said Gate City Bank has created a $2,000,000.00 loan pool for the City of Fargo’s Neighborhood Revitalization Initiative Program. She said loans from the program are available to homeowners of owner-occupied residences that are more than 40 years old, have an assessed value of less than $250,000.00 and are repayable over 10 or 15 years at a low interest rate. This is an important program for the community, she said, and helps to stabilize housing. She said loans are capped at $75,000.00 and applications can be found on the City of Fargo website. The Planning Department starts the application process, she said, and then coordinates with Gate City Bank and the Inspections Department. She said the deadline to apply for a NRI loan is October 31, 2019, and she wants to clarify that this is a local program and not the same as the federal Community Development Block Grant program.
In response to a question from Commissioner Gehrig asking if the loans are income-dependent, Ms. Crutchfield said they are not.
Representatives from Gate City Bank said the cornerstone of the bank is to provide a better way of life for the community and its customers. They said since 2003, more than $14 million has been pledged to the NRI program and 345 property owners have taken advantage of the program, which has saved more than $1 million in interest.
Commissioner Strand said he wants to publicly acknowledge Gate City Bank’s assistance and said the partnership between the bank and City is valuable and integral to the efforts to open up more affordable housing and to help at-risk neighborhoods.
Gate City Bank representatives presented a check for $2,000,000.00 to Deputy Mayor Piepkorn and the Commissioners representing the available funds.

Hearing on Special Assessments for Sewer Repairs on Certain Properties in the City of Fargo:
A Hearing had been set for this day and hour on the special assessments for sewer repairs on the list of properties on file in the City Auditor’s Office.
No appeals have been filed in writing against any item appearing on such special assessment list and no person is present at this Hearing to appeal or offer any objection thereto.
City Auditor Steve Sprague said the City has a program to assist property owners with emergency sewer repairs. He said the City will contribute about a third of the cost and the homeowner can pay the balance or petition the City for the balance to be special assessed. He said for repairs done in 2018, the total amount to be special assessed is about $532,000.00. It is a 15-year assessment, he said, at 5 percent interest.
Commissioner Gehrig said this is not like a typical special assessment and it is an easy loan to get. Homeowners are requesting this from the City, he said, and it is a service the City provides.
Commissioner Gehrig said the interest rate is a fair number and is a balancing act so as not to undercut banks. He said he wants residents to know the nuts and bolts of this program.
In response to a question from Commissioner Gehrig asking if homeowners have to get bids for the repairs, Mr. Sprague said homeowners are required to get multiple bids; however, if there is a certain plumber the homeowner likes, they can request that certain plumber.
In response to a question from Commissioner Grindberg asking if the repairs are somewhat driven by tree roots and also tied in with street repairs, Mr. Sprague said when the City does water main replacement, some homeowners choose that time to do sewer repairs. Most times, he said, it is very much reactive after sewer lines fail or homeowners are having other issues. He said most people do not think about the sewer as long as it works.
Commissioner Strand moved the sewer repair special assessment list be approved.

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

Parcels of Land in Schatz 4th Addition Rezoned (5622, 5630 and 5650 34th Avenue South; 5621, 5631 and 5651 36th Avenue South; and 3435, 3475 and 3501 56th Street South):
At a Hearing held on February 5, 2019 the Fargo Planning Commission recommended approval of a change in zoning to repeal and re-establish a C-O, Conditional Overlay.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Long Range Planning Coordinator Aaron Nelson said the original C-O on the property is intended for commercial development; however, the applicant has a more detailed development plan for the area. He said the proposed C-O maintains all of the original C-O requirements, while seeking to extend the use of portable signs until June 30, 2021, or until the development has been completed and issued certificates of occupancy within the completed development, whichever comes first.
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.

First Reading of an Ordinance Repealing and Re-Establishing a Conditional Overlay District on Certain Parcels of Land Lying in Schatz Fourth 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 Repealing and Re-Establishing a Conditional Overlay District on Certain Parcels of Land Lying in Schatz Fourth Addition, City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Plat of King Third Addition (3173 43rd Street South):
A Hearing had been set for this day and hour to consider approval or denial of an application requesting a Plat of King Third Addition (Major Subdivision) a replat of Lot 6, Block 1, King Second Addition, City of Fargo, Cass County, North Dakota.
Long Range Planning Coordinator Aaron Nelson said the applicant wants to replat one existing lot into two new lots and would dedicate an additional 20 feet of public right-of-way for 32nd Avenue South. He said a negative access easement along 32nd Avenue South would prevent vehicular access to and from this arterial street. An access and utility easement accommodates access and utilities from 43rd Street South, he said.
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 “King Third Addition” containing 2 Lots, 1 Block and 1.67 acres of land more or less, located at 3173 43rd Street South; and
WHEREAS, A Hearing was held January 3, 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 February 25 and March 4, 2019 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., March 11, 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 “King Third 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.

Land Development Code (LDC) Diagnostic Study Approved:
The Board received a communication from the Planning Department requesting formal approval to move forward with a Request for Proposal (RFP) to hire a professional consultant to conduct a Land Development Code (LDC) Diagnostic Study. They said the study would bring City staff, elected officials, Planning Commission members and other stakeholders through a process to analyze the effectiveness of the City’s LDC and review processes in order to assess the potential for future improvement and to identify the best course of action for achieving improvement.
Planning Director Nicole Crutchfield said a professional consultant would be hired for the study, someone with expertise on best practices. She said the current LDC was drafted in 1998 and needs a refresh as the City tries to build in more flexibility. A complete overhaul is not needed, she said; however, she would like to see some options and understand the strengths and weaknesses of current development needs as well as a clear rational for supporting a preferred alternative.
In response to a question from Commissioner Grindberg about getting neighborhoods and citizens involved and what is the monetary side of the study, Ms. Crutchfield said there has been a lot of community dialogue with neighborhoods about Planned Unit Developments and the lack of predictability. She said more clarity is needed which will reduce fear and anxiety. She said she would like to see listening sessions with all of the stakeholders, the public, neighborhoods and by region, including some of the rural neighborhoods in the southeast part of the City, to get a spectrum of needs and desires as well as the best form-based codes. She said there are different types of LDCs and Omaha, Nebraska, and Sioux Falls, South Dakota, have adopted hybrid LDCs based on Euclidian zoning. It is possible to rewrite the LDC in house, she said; however, that would take a lot of focus and attention and she would like to have peers make some recommendations. Rewriting a LDC is not a small feat, in house it could take two to four years, she said, depending on how much motivation there is in the community. She said she is expecting the process to take about six months after the RFP is awarded and complete the study in February 2020. She said in last year’s budget, Planning was able to ask for an increase in consulting fees and a LDC rewrite could cost anywhere from $200,000.00 to $400,000.00.
In response to a question from Commissioner Strand about different plans and strategies and how this project relates to Go2030 and Downtown InFocus, Ms. Crutchfield said Downtown InFocus is a neighborhood plan. The big picture and the LDC are all the details, such as how much for setbacks, how wide are the boulevards, how wide are the streets and the vision of what the community looks like and how to get there.
Commissioner Strand said a clarified plan is needed with less gray areas. He said he would like to see policy direct the Board.
Commissioner Strand moved the request to initiate and draft a Request for Proposal for a Land Development Code Diagnostic Study be approved.

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

Amendment Number 1 to the Project Partnership Agreement (PPA) for Construction of the Fargo-Moorhead Metropolitan Area Flood Risk Management Project Approved:
The Board received a communication from the Metro Flood Diversion Authority stating that the Assistant Secretary of the Army (Civil Works) has approved an amendment to the PPA that will increase federal participation in the Diversion Project to $750,000,000.00, representing a $300,000,000.00 increase in Federal support to the project. With the approval of the PPA Amendment Number 1 by the Department of the Army, they said, the non-federal sponsors are now asked to to consider and approve the amendment.
Assistant City Administrator Michael Redlinger said following the work of the Governor’s Task Force and local elected officials from Fargo, Moorhead, Cass County and Clay County, there is a Plan B project for the F-M Diversion project and a revised fin ancing plan, which included securing additional federal funding. Sponsors recently visited Washington, DC, he said, to talk about the federal funding request and the federal government has approved an increase in funding for the project from $450 million to $750 million. He said the non-federal sponsors are now being asked to approve the amendment to the PPA, which includes the additional funding.
In response to a question from Commissioner Gehrig asking how does the Board know that the funds will be appropriated or does this document do that, Mr. Redlinger said this document expresses the intent of the federal government to fully fund the program and it also commits the Corps work plan to funding that increased share and $750 million would be owned to the project as Congress appropriates funds.
Commissioner Grindberg said the blueprint was set in the 2013 Legislative Session and once the PPA was formed in 2016, this is now an effort with the federal government along with support from Minnesota and North Dakota. He said the Corps is excited about the project and they know what it means for this region and what it could mean for savings with other projects across the country. He said the Diversion Authority members testified in Washington, DC, and it was a great job by everyone involved. He said questions are coming from the state governments; however, now that they know the federal government is committed, the technical reviews will work themselves out. He said this is a giant step forward and great timing.
In response to a question from Commissioner Strand asking if this will pave the way at the state level for shoring up support, Commissioner Grindberg said now that it is that the certain federal government is committed to this project, there are still other issues to resolve during 2019 so this project can start in 2020.
Commissioner Strand said there has been a lot of debate about the Diversion and flood protection; however, just look outside. With what is going on right now, he said, and the potential of flooding, it is absolutely and utterly essential that Fargo gets this protection. He said everyone is concerned with the weather and what will be coming down the river, so he is thankful that the federal government has stepped up its support.
Commissioner Grindberg moved Amendment Number 1 to Project Partnership Agreement between The Department of the Army and the City of Fargo, North Dakota, the City of Moorhead, Minnesota, and the Metro Flood Diversion Authority for Construction of the Fargo-Moorhead Metropolitan Area Flood Risk Management Project be approved.

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

Spring Flood Outlook:
City Administrator Bruce Grubb said the latest probabilistic flood forecast was released and the risk of flooding has increased due to the snow event last Saturday and another snow event predicted Thursday. He said it is a good idea that this is on the agenda to talk about and staff will continue to have updates every two weeks. He said internally staff has started to get prepared. The Emergency Operations Center is planning an internal tabletop exercise, he said, for an emergency flood and the City will be prepared if called upon.
Division Engineer Nathan Boerboom said the National Weather Service’s most recent flood outlook predicts there is a 95 percent chance the Red River in Fargo will hit 31.1 feet and a 50 percent chance for 35 feet. He said with the construction of the floodwall on 2nd Street near City Hall, a clay levee will not have to be built on 2nd Street. Minor flood stage is 18 feet, he said, and that is when Elm Street goes under. A moderate flood stage is 25 feet, he said, and major flooding starts at 30 feet. He said the crest will most likely be in mid-April; however, that date could change depending on any amounts of snowfall and rain received and temperatures. He said at 31.1 feet, 2nd Street where Park East Apartments once stood, will close due to the ongoing construction of the levee, Elm Street will close and the 12th Avenue North and the Broadway Red River bridges will close. At 34.9 feet, he said, emergency clay levees will be needed in isolated areas and the removable floodwalls will be installed on 2nd Street, which will close the First Avenue Bridge. He said with every inch the river rises, sandbag levees will need to be constructed, additional areas may need emergency levees and there will be more traffic impacts. He said if the river gets to 39.1 feet, the City will need to significantly increase flood-fighting efforts. He said once the rivers thaw and start moving, the crest would be in about a week, which will be the time to deploy all of those emergency measures. He said conditions in March 2009 were much different due to the amount of ground moisture and the moisture content of the snow. This year, he said, the moisture content of the snow is much less and the ground is not saturated. The projects completed since 2009, he said, include more than 21 miles of levees and floodwalls, 17 lift stations and 240 property acquisitions. Even with these completed projects, he said, the City is not out of the sandbagging business. Temporary flood-fighting measures are still required to fight a 2009 flood event including one million sandbags and 20 miles of emergency levees. In 2009, he said, 7 million sandbags were needed and 52 miles of levees were built; however, Fargo is in a significantly better position today than in 2009. He said preparations have begun, including securing outside resources such as pumps, equipment and materials, supplies of sandbags, pumps and other equipment have been inventoried, sources of fill material for levee construction have been identified and action points are being reviewed and refined.
In response to a question from Deputy Mayor Piepkorn asking if a snow emergency were declared and no parking was allowed in certain sections of town if that would help City snowplows, Mr. Dow said the parking system of odd and even days does not help. He said the snow has come so fast there is no time to catch up. Crews have already hauled almost 15,000 loads of snow from arterial roads to make space for what is coming, he said, and right now a snow emergency and parking restriction would not work due to the fact that he does not have the iron or the people to handle it. Towing companies have a lot of trucks, he said; however, if the City were to declare parking restrictions, much of the towing would be in the college area due to the fact that there are a lot of buildings in that area where there is not enough parking for all of the cars. He said as of now, there is no solution to that problem. He said Public Works is getting everything secured and when the word goes out, they will be ready. He said the ditches are full of snow and when the melt starts, there will be a lot of overland flooding.
In response to a question from Commissioner Strand on what the advice should be to the citizens to be prepared, Mr. Boerboom said there is map on the City’s website to locate a home’s flood level. He also said everyone should have flood insurance; however, there is a 30-day waiting period for the insurance to become effective.
In response to a question from Commissioner Grindberg regarding filling a million sandbags and how many volunteers are needed, Mr. Grubb said the City would need a week to get set-up and ready for the three sandbag spiders. He said once the spiders are set-up, in a 10-hour day, if fully staffed with 80 people each, 150,000 sandbags a day can be made. He said it will take about six or seven days to get prepared.

Engineering Department Authorized to Obtain Appraisals and Begin Negotiations for the Purchase of Properties in the Belmont Area:
Division Engineer Jody Bertrand said the Belmont area is between the Water Treatment Plant and Lindenwood Park where levees need to be constructed. He said 25 properties in this area have been acquired, which was necessary for Phase 2 of construction. He said there are four remaining properties to be acquired for Phase 3 of the project for possible construction in 2020. He said existing flood protection alignments are adjacent to the Belmont project and Phase 2 and Phase 3 will connect to the Lindenwood Levee to the south and to the 4th Street South levee system to the north. The project features earthen levees, floodwalls, storm sewer lift station improvements, utility relocations and provides protection for the FEMA 100-year floodplain. With Phase 2, he said, bids will go out soon for building the floodwall and levee and for Phase 3 in 2020, there are four properties to acquire and it will be similar in size to Phase 2 and it will connect to the water intake structure for the Water Treatment Plant. He said many different engineering alternatives have been explored for construction behind the homes in the Belmont area; however, the costs of doing that far exceed the value of the remaining properties. He said the house at 1458 River Road was placed on the National Registry of Historic Places in May 2017; however, there are no federal funds involved in the Belmont project, only state and local funds, therefore no historical documentation is required. He said the City can do historic documentation, such as a comprehensive oral history by the owners and large format photography. An appraiser has been selected, he said, and if appraisals are done in 2019, negotiations can commence and then work towards valuation and timing with the property owners.
In response to a question from Commissioner Strand asking how this affects the Stern house, Mr. Bertrand said Engineering did look at doing a variety of projects; however, due to floodway and geotechnical constraints and trying to tie the floodwall back to the west with borings, it would only undermine the foundation even more. He said contractors would not bid on the project because of the risks.
In response to a question from Commissioner Strand asking if the instruction from the City Commission is to save this house and can it be accomplished, Mayor Mahoney said no contractor will bid on the project because it is too unstable and sandbagging cannot protect the house.
City Engineer Brenda Derrig said the costs are difficult and will affect the FEMA floodway. The stability line is so close to the house, she said, and the sacrifice would be that the line of protection cannot be completed, FEMA will not certify it and it is near the Water Treatment Plant, where the City is servicing multiple cities. She said they have explored multiple options and visited with contractors and because it is in such an unstable area, it is not feasible. She said what the Engineering Department is asking from the Board is the approval to get the appraisals and start visiting with the homeowners, to see what happens and then come back to the Board with either a purchase agreement or if another direction needs to be explored.
Commissioner Grindberg said he wants to see the data and the costs from a standpoint of engineering analysis and is not comfortable moving forward without seeing those things first. He said there has been a lot of effort put into this for the past two years and with all the engineers in the world, there has to be a way to figure this out.
Ms. Derrig said it is in an unstable area and the costs, even if it were possible, would exceed $2 million. The biggest issue is the distance from the house and it is huge risk for the contractors to be that close to a house and other structures and due to insurance claims against the work they are doing, contractors are getting more apprehensive.
Deputy Mayor Piepkorn said the motion is only to begin negotiating, it is not a final motion and the Board is not closing on anything. He said this is about protecting the Water Treatment Plant and the City, not just one house and one homeowner. This is a critical part of the City that needs to be protected to 500 years, he said.
John Stern, 1458 South River Drive, said his house has a value for future generations. He said he appreciates all of the work Engineering has done and he is fine with the motion to begin negotiations. He said there were only three houses in Fargo like his house designed by Frank Lloyd Wright’s granddaughter and two have already been torn down. He said he disputes the numbers from Engineering and suggests there must be another way to approach this and save the house, not just for himself but also as a part of the uniqueness of Fargo. He said Fargo and the Midwest have a habit of tearing down history. He said it has been acknowledged that it is technically possible to save the house, but it will be very difficult and if it is going to cost $2 million, he will not stand in the way.
Commissioner Gehrig said he is glad to hear the homeowner will not stand in the way if the costs are that much more than the value of the home. Ultimately, he said, it is a risky, costly endeavor and it is possible it will break the house. He said then the City has to look at it as a weak spot in the wall that cannot be certified. He said the Commissioners are looking at what is best for the City and the historic point is valid and the costs are valid; however, this is very expensive for one home. He said there may be a way forward, this is not a final decision and after appraisals and negotiations, there will be a greater debate.
Mayor Mahoney said the issue is the geotechnical instability and the Water Treatment Plant is at risk. He said contractors have refused to bid on the project due to the fact that it will damage the house. The City has gone after this for many months, he said, trying to find a solution and they cannot find it. He said the reason for clay diking in Belmont is the City would have to take out many affordable houses in the neighborhood. The 37-foot requirement with the Diversion Project changed the game, he said, and the City just spent $110 million on the Water Treatment Plant, which is a regional water supplier. He said it is very tough situation; however, there is no engineering solution.
Commissioner Strand said everyone has to be practical and realistic; however, before he agrees to demolish a historic structure, demolition has to be the only option. He said he wants to protect historic buildings against government subdivisions and someone needs to stand up for the structures that do not have a voice. He said if there is any way at all that it is affordable and feasible without risking the neighborhood to save a house that is on the historic register, he wants to see that data. He said he will not vote for removing the home unless it is absolutely the only option.
Commissioner Gehrig moved the Engineering Department be authorized to obtain appraisals for the property located at 1458 South River Drive and to begin negotiating the purchase of the four remaining properties in the Belmont area.

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

Commissioner Grindberg moved that the Board adjourn to 5:00 o’clock p.m., Monday, March 25, 2019.

Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:27 o’clock p.m.