Board of City Commissioners - March 25, 2019 Minutes

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Room at City Hall at 5:00 o'clock p.m., March 25, 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: The Fire Department is preparing for the upcoming flood fight as well as continuing the captain promotional process; Fargo Cass Public Health WIC, Fargo Public Library and United Way are collaborating to promote reading to children; the dangerous building at 1101 7th Street North has been taken down; training continues for the new Inspections software; Assistant Director of Inspections Chris Rose has received the Brent Snyder Award from Region III of the International Code Council; the Library is hosting sessions for National Noodle Month and National Poetry Month; the Block 9 ramp precast is nearing its final stages of assembly; there is an information display at Library locations and the City seeks public input on a master plan for the area surrounding the new City Hall; the Police Department held a swearing-in and promotion ceremony; Officer Jesseca White was named to the United Way’s 35 Under 35 program; the PD Intel Team gave a presentation to City leaders on Intelligence Led Policing; Lt. Travis Stefonowicz has been accepted to attend the FBI National Academy in Quantico, Virginia; and Livability.com has ranked Fargo as No. 11 in their list of the Top 100 Best Places to Live in America for 2019.

Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved moving Item No. “15” from the Consent Agenda to the Regular Agenda and adding an item to the end of the Regular Agenda to award the bid for the rental of an emergency flood pump.
Second by Gehrig. 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 March 11, 2019 be approved as read.
Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.

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

1. Receive and file an Ordinance Repealing and Re-enacting Article 17-02, 17-04 and 17-05 and Enacting Articles 17-06 through 17-16 of Chapter 17 of the Fargo Municipal Code Relating to Sewers and Sewerage.

2. 2nd reading and final adoption 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; 1st reading 3/11/19.

3. Applications for property tax exemptions for improvements made to buildings:
a. Stacy A. Lieser, 1706 14th Street South (5 year).
b. American Federal Bank, 215 5th Street North (5 year).
c. Bruce Thompson, 910 7th Street North (5 year).
d. Erik Berg, 1110 3rd Avenue North, Unit 701W (5 year).

4. Applications for Games of Chance:
a. Fargo Rotary Club for a raffle on 5/22/19.
b. Kappa Alpha Theta-Gamma Nu for a raffle on 4/17/19.
c. Fargo Post 2 Baseball Club for a calendar raffle from 7/1/19 to 8/30/19.
d. Homeward Animal Shelter for a raffle on 4/11/19.

5. Bid award in the amount of $115,296.00 to MidStates Wireless for Outdoor Warning Sirens (RFP19017).

6. Lot split and sale of excess land located at 2 6th Avenue North with the condition that the buyer will remove the existing gate well, storm sewer and fill in the existing pond.

7. Final Balancing Change Order No. 4 for an increase of $373.00 for Project No. TR-17-B1.

8. Contract Amendment No. 6 with Houston Engineering Inc. in the amount of $42,700.00 for Project No. FM-14-13.

9. Right of Way permit for storm sewer reconstruction with payment to BNSF in the amount of $3,700.00 for Project No. UR-19-A1.

10. Maintenance Agreement (Public Right of Way) with Border States Paving.

11. Purchase Agreement with Jeffrey L. Johnson and Marsha E. Johnson, Trustees of the Jeffrey L. Johnson Living Trust and Marsha E. Johnson and Jeffrey L. Johnson Trustees of the Marsha E. Johnson Living Trust for property located at 747 Royal Oaks Drive North (Project No. FM-19-B).

12. Bid award to 3D Specialties, Inc. for 2019 Flood Emergency Traffic Control Contractor Assistance – City Wide.

13. Bid award in the amount of $70,885.00 to Asphalt Surface Technologies Corporation for Project No. PR-19-A1.

14. Bid advertisement for Project Nos. SL-19-A and UR-19-A.

15. Task Order No. 1 with Houston Engineering Inc. to provide Flood Survey Assistance (Project No. FE-19-C1) and bid awards for rapid deploy flood fighting products and rapid deploy product installation (Project No. FE-19-E1) (Moved to the Regular Agenda).

16. Notice of Grant Award with the ND Department of Health for Title X Family Planning Program services (CFDA #93.217).

17. Purchase of Service Agreement with the ND Department of Human Services, Behavioral Health Division for substance abuse prevention.

18. Recommended amendments to the Metropolitan Council of Governments Articles of Association.

19. Short-term Lease Agreement with FM Metropolitan Council of Governments.

20. Request for a Fargo Police Department Summer Camp Mentor position.

21. Purchase of one sweeper/scrubber from Tennant Sales and Service Company for a contract total of $59,777.42 (PBC19871).

22. Bid award in the amount of $49,068.00 per year for an 8-year lease to CapFirst Equipment Finance for one 2019 excavator (RFP18309).

23. Authorization of staff to enter into an Agreement with Reile’s Transfer and Delivery, Inc. for transportation and handling of filled sandbags and at-the-ready services for filled sandbags used in the primary line of protection during the 2019 flood event.

24. FAA Aerial Mosquito Spraying Authorization Application for Airborne Custom Spraying, Inc.

25. Bid advertisement for near-term ozone improvements project (Project No. WA 1862) and raw water valve improvements project (Project No. WA 1951).
26. Contract and bonds for Project Nos. SN-19-A1 and SR-19-A1.

27. Bills in the amount of $5,878,216.73.

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.

City of Fargo Concurs with the NDDOT Bid Award for Improvement District No. BR-18-A1:
The Board received a communication from Transportation Division Engineer Jeremy Gorden stating bids were opened by the NDDOT on March 8, 2019 for the Main Avenue Reconstruction Project - Red River to Broadway Improvement District No. BR-18-A1. He said there were three bids and the low bid was Dakota Underground Company with a bid of $10,295,720.11. The Engineers estimate was $9,917,260.38, he said, and Fargo’s construction cost share is $3,629,179.87. He said there are Special Assessments associated with this project and no protests have been received; therefore, protests should be declared insufficient.

Commissioner Grindberg moved the City of Fargo concur with the NDDOT Bid Award for Improvement District No. BR-18-A1 to Dakota Underground Company in the amount of $10,295,720.11.

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

No Protests Received for Seal Coat and Incidentals Improvement District No. PR-19-E1:
The Statutory Resolution of Necessity for the construction of Seal Coat and Incidentals Improvement District No. PR-19-E1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on February 18 and 25, 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 Seal Coat and Incidentals Improvement District No. PR-19-E1.

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

Bids Received for Seal Coat and Incidentals Improvement District No. PR-19-E1:
The bids for Seal Coat and Incidentals Improvement District No. PR-19-E1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., March 20, 2019 and the bids were found to be as follows:

Asphalt Surface Technologies Corporation St. Cloud, MN
Bid: $1,113,083.55

Asphalt Preservation Company, Inc. Detroit Lakes, MN
Bid: $1,171,394.61

Contract for Seal Coat and Incidentals Improvement District No. PR-19-E1 Awarded to Asphalt Surface Technologies Corporation in the Amount of $1,113,083.55:
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 Seal Coat and Incidentals Improvement District No. PR-19-E1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received March 20, 2019 for Seal Coat and Incidentals Improvement District No. PR-19-E1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Seal Coat and Incidentals Improvement District No. PR-19-E1 shows the bid of Asphalt Surface Technologies Corporation of St. Cloud, Minnesota, in the sum of $1,113,083.55 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 Asphalt Surface Technologies Corporation in the sum of $1,113,083.55 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Seal Coat and Incidentals Improvement District No. PR-19-E1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Asphalt Surface Technologies Corporation for the sum of $1,113,083.55, 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, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Request from KPH, Inc. to Complete Work on Sundays and After Hours Approved (Improvement District No. BN-19-A1):
The Board received a communication from the Public Works Projects Evaluation Committee regarding a request submitted by KPH, Inc. to work the next four Sundays and work after the hours stated within the contract to complete the work in the drain that would be impacted by a spring flood. They said they have placed pilings and would like to work 24 hours a day to complete the formwork and reinforce steel needed to build the bridge piers.
Commissioner Grindberg moved the request from KPH, Inc. to complete work on Sundays and after hours for Improvement District No. BN-19-A1 be approved.

Second by Gehrig. On call of the roll Commissioners Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.

No Commissioner being absent and none voting nay, the motion was declared carried.

Street Lighting and Incidentals Improvement District No. SL-19-E (7th and 8th Street North from 15th to 17th Avenue North):
Commissioner Grindberg moved the following action be taken in connection with Street Lighting and Incidentals Improvement District No. SL-19-E:

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

7th and 8th Street North from 15th to 17th Avenue North.

COMPRISING:
Lots 13 through 24, Block 1.
Lots 1 through 24, Block 2.
Lots 1 through 12, Block 3.
Lots 1 through 11, Block 12.
Lots 1 through 24, Block 13.
Lots 14 – 24, Block 14.
Chandlers Broadway Addition.

Lot W 299.5’ of 13 through 15.
Ohmers Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Street Lighting and Incidentals Improvement District No. SL-19-E 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. SL-19-E:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. SL-19-E 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 $285,395.90.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. SL-19-E:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. SL-19-E 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. SL-19-E 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 Street Lighting 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 Street Lighting and Incidentals Improvement District No. SL-19-E 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 Street Lighting 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. SL-19-E:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. SL-19-E in the City of Fargo, North Dakota.

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

Traffic Signal Improvements and Incidentals Improvement District No. TN-19-A (17th Avenue and University Drive North):
Commissioner Grindberg moved the following action be taken in connection with Traffic Signal Improvements and Incidentals Improvement District No. TN-19-A:

Adopt Resolution Creating Improvement District No. TN-19-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. TN-19-A in the City of Fargo, North Dakota, be created
The Intersection of 17th Avenue and University Drive North.

COMPRISING:
Bound to the North by 19th Ave N.
Bound to the South by 15th Ave N.
Bound to the East by 10th Street N.
Bound to the West by 18th Street N.

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

NOW, THEREFORE, BE IT RESOLVED, That Traffic Signal Improvements and Incidentals Improvement District No. TN-19-A in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost from the City Engineer for Improvement District No. TN-19-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. TN-19-A in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $285,726.25.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. TN-19-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. TN-19-A in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. TN-19-A in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Traffic Signal Improvements 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 Traffic Signal Improvements and Incidentals Improvement District No. TN-19-A in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said Traffic Signal Improvements and Incidentals improvement is to be paid from Infrastructure Sales Tax and approximately 30% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Traffic Signal Improvements 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. TN-19-A:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. TN-19-A in the City of Fargo, North Dakota.

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

Contract for P.C. Concrete Paving and Incidentals Improvement District No. PN-18-C1 Approved:
Commissioner Grindberg moved the Contract between the City of Fargo and Northern Improvement Company for P.C. Concrete Paving and Incidentals Improvement District No. PN-18-C1 in the City of Fargo, North Dakota, be approved.

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

Contract Bond for P.C. Concrete Paving and Incidentals Improvement District No. PN-18-C1 Approved:
Commissioner Grindberg moved the following described Contract Bond be approved as to sufficiency:
Western Surety Company, in the amount of $367,050.00, for P.C. Concrete Paving and Incidentals Improvement District No. PN-18-C1 in the City of Fargo, North Dakota.

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

Applications for Abatement or Refund of Taxes #s 4481, 4482 and 4483 for the 2018 Tax Year Filed by David Sholy for Property Located at 346 27th Circle South, 334 27th Circle South and 3510 Park Avenue South Denied:
The Board received a communication from City Assessor Ben Hushka recommending that the applications filed by David Sholy for Application #4481 for a reduction in value from $191,000.00 to $115,000.00 on property located at 346 27th Circle South, for Application #4482 for a reduction in value from $207,000.00 to $130,000.00 on property located at 334 27th Circle South and for Application #4483 for a reduction in value from $346,600.00 to $325,000.00 on property located at 3510 Park Avenue South be denied. He said 334 and 346 27th Circle South are primarily unimproved sites utilized as part of the storage yard for the landscaping business S&S Landscaping, he said, and 334 27th Circle South has a small storage building that was moved onto the site in 2012. He said both sites were part of a land reappraisal effort in 2018 for commercial land between Main Avenue and I-94.

Mr. Sholy said he was shocked when he received the tax notices that one lot’s value increased 74% and the other 85%; he thought it was a mistake. Comparisons are used to calculate values, he said, and he does not see the similarities. The other sites have high visibility, are on known streets, have electricity, water and sewer, sidewalks and entrances, parking, grass and landscaping, while on his properties at 27th Circle do not. A neighbor was told, in order to build, they would have to excavate the dirt and bring in sand and gravel for a stable base at a cost of $90,000.00, he said. Another neighbor was told the same and cancelled his building plans, he said, so even if a similar lot were found, his land would have a $90,000.00 negative. He said the house at 3510 Park Avenue South is also assessed high and he did not find similarities on the list he was provided. He said the comparables have amenities his house does not have and Trulia and Zillow put the value of the house at $323,000.00 and $326,000.00, respectively.

Mr. Hushka said valuations were at $2.50 per square foot on the area near the land in question and when the land reappraisal was done this year, sales indicated those valuations were quite low. There has been six or seven years between appraisals, he said, which is not unusual when updating land. Most often land values change in developed land, he said, and when land adjustments are done, all the properties are looked at, including the improved sites. The land is vacant so this is why there is a huge increase, he said. He said the action of the Board sends a recommendation to the County Commission.

Commissioner Strand moved based upon Mr. Hushka’s recommendation that the applications for Abatement or Refund of Taxes #s 4481, 4482 and 4483 filed by David Sholy for abatement or refund of taxes for the 2018 tax year on property located at 346 27th Circle South, 334 27th Circle South and 3510 Park Avenue South be denied.

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

Proposal to Alter and Expand the Renaissance Zone Boundary from 47 Blocks to 48 1/2 Blocks Approved:
A Hearing had been set for this day and hour on the proposal to alter and expand the Renaissance Zone boundary from 47 blocks to 48 1/2 blocks, adding one and 1/2 blocks.

The Board received a communication from Planning Director Nicole Crutchfield stating the City received a request from LHS Investments LLC to add one additional Renaissance Zone (RZ) block to the City of Fargo RZ Plan. She said the one block is located between 6th Avenue North, Oak Street North, the railroad and Wildflower Grove Park. She said LHS Investments LLC has plans to construct a multifamily development on the proposed RZ Block 54. She said the City received a second request from 201 Hospitality LLC to add an additional RZ block to the City of Fargo RZ Plan. She said the block is located between 2nd Avenue North, 3rd Avenue North, 5th Street North and 4th Street North and 201 Hospitality LLC has plans to remodel the exterior and interior of the Radisson on the proposed RZ
Block 55.

In response to a question from Commissioner Gehrig about whether all blocks need to be congruent, Ms. Crutchfield said one block can be a satellite block.

Commissioner Gehrig said if a block is going to be outside the current RZ area, why not move it somewhere that is not Downtown, it could be a pilot in another area rather than packing everything Downtown. He said he also does not like the idea of adding new blocks; he would like to see incentives reared back, not extended further. He said this, along with the new guidelines for Tax Exempt Review, is giving signals that the City of Fargo is going to start giving more and more incentives, not less and less and for that reason he will not support it.

Ms. Crutchfield said once a project comes through, a block is closed and can be reassigned somewhere else. She said every five years there is a chance to do a full inventory.

Commissioner Piepkorn said other parts of town could benefit from the option of having Renaissance Zones. He said activity is desired and once approved these projects will go forward, which is important too.

In response to a question from Commissioner Strand about whether the City decides if it wants an area developed or whether it happens when a developer wants an area developed and asks for a tax incentive, Ms. Crutchfield said a master plan is part of the process and staff has known about this potential block for some time along with some potential blocks surrounding the core neighborhood area and an outreach process is also part of the five year plan.

In response to a question from Commissioner Strand asking how long the Radisson has been on the tax rolls, Director of Strategic Planning and Research Jim Gilmour said the structure was built around 1983 and came back on the tax rolls in 2007.

Commissioner Grindberg said he was one of six sponsors of the Renaissance legislation in 1999. He said it was morphed against Michigan law about repurposing areas of aging infrastructure, in Michigan’s case it was downtowns specifically. It has worked well in Fargo, he said, and if it were to go far from Downtown, a revisit of the legislative intent may be needed as some of the infrastructure is not as dated, which was the intent of repurposing the Downtown area. He said the Opportunity Zones recently passed by Congress have designated areas as well.

Mr. Gilmour said Fargo’s Opportunity Zones has five census districts extending as for north as 12th Avenue to south of Downtown and from the river to nearly the edge of the City. He said some different investment groups are putting together Opportunity funds to help fund redevelopment projects in older areas.

Commissioner Strand said he advocates Renaissance Zones; however, he also wants it to fit with what the neighbors want as in the Oak Grove neighborhood.

Ms. Crutchfield said a plat was approved and she believes a zoning application will be coming forward. A zoning application on the site with a PUD was previously approved, she said; however, the applicant is going to adjust that. A neighborhood meeting had an attendance of 20 to 30 people recently, and the review comments are still being processed, she stated.
Commissioner Piepkorn moved the Renaissance Zone Boundary expansion be approved.

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.

Resolution Adopted Approving Maier Second Addition (1135, 1141 and 1201 49th Avenue South): Declaration of Easement (Drainage Easement) Approved:
Current Planning Coordinator Donald Kress said this is a replat of a portion of Lot 4, Block 2, Maier First Subdivision and unplatted tax Lots 23 and 24 in the Southeast Quarter of Section 37, Township 139 North, Range 49 West. He said the subject properties are located at 1135, 1141 and 1201 49th Avenue South and encompass approximately 21,233 square feet. He said the applicant is proposing a one lot, one block major subdivision with a Subdivision Waiver with diameter measurements of 110 feet of right-of-way and 66 feet of pavement to retain the existing cul-de-sac for the purpose of reconfiguring flood buyout lots into one lot that will meet future development market demand. He said the Land Development Code requires that the turnaround diameter of a cul-de-sac provide 140 feet of right-of-way and 100 feet of pavement. He said a drainage easement is included as a separate document to allow flexibility in the future as that property develops. Several neighbors spoke at the July 3, 2018 Planning Commission meeting with concerns about future use of the property and a possible apartment building; however, he said, it is currently zoned SR-2, Single-Dwelling Residential, which does not allow multi-family homes.

Mayor Mahoney said this is a flood buyout being platted so in the future someone could put a home there.

Brian Johnson, 1209 49th Avenue South, said the drainage is finally moving acceptably now and he does not want fill or dirt work being brought in to affect drainage. He said many years were spent pumping backyards out until the City came in and removed houses and graded the acreage and it is working fine now. He does not want to go back to two sump pumps in his back yard since there is no place to pump it in the front anymore since they lost the ditch. He said if there is a lot of snow in the future there will be a problem with where to put snow since now much of it is pushed on that lot.

Construction Services Division Engineer Tom Knakmuhs said the drainage easement document is intended to provide a buffer to maintain future drainage.

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 “Maier Second Addition” containing 1 Lot, 1 Block and .704 acres of land more or less, located at 1135, 1141 and 1201 49th Avenue South; and
WHEREAS, A Hearing was held July 3, 2018 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on March 11 and 18, 2019 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., March 25, 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 “Maier 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.

Commissioner Grindberg moved the Declaration of Easement (Drainage Easement) 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.

Parcels of Land in Providence at Prairie Farms Addition Rezoned (5764, 5788, 5810, 5830, 5850, 5866, 5882, 5892, 5906, 5920 31st Street South):
At a Hearing held on July 3, 2018 the Fargo Planning Commission recommended approval of a change in zoning from SR-4, Single-Dwelling Residential with a C-O, Conditional Overlay to SR-4, Single-Dwelling Residential and P/I, Public and Institutional with a C-O, Conditional Overlay.

The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.

Current Planning Coordinator Donald Kress said the plat proposes to take larger lots and create 16 lots, 15 residential and a Park District lot to accommodate access to Park District owned property. He said the lots, even though they front 31st Street, will have an internal street crossing each lot accessing an internal driveway with only two accesses off 31st Street. The current C-O does not allow attached housing, he said, so the proposed change in zoning proposes a change in the C-O, Conditional Overlay removing the prohibition against attached housing and the P/I, C-O restricts uses for that lot to parks, open spaces and recreational space.

Michael Domitrovich, Urban Concepts FM, said he hopes the project will start in six weeks. He said a goal was to keep specials low while bringing up property values, so the single-family homes are attached. The beginning market is $599,900.00 on these making it a nice asset to the area, he stated.

In response to a question from Commissioner Grindberg on why it took so long for the project to come before the Board when the Planning Commission approved it last July, Mr. Kress said getting the drainage to work on the Park lot was complex.
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 and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it 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 Rezoning Certain Parcels of Land Lying in Providence at Prairie Farms Addition, 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 Providence at Prairie Farms Addition, Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Providence at Prairie Farms 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 “Providence at Prairie Farms Addition” containing 16 Lots, 1 Block and 4.5 acres of land more or less, located at 5764, 5788, 5810, 5830, 5850, 5866, 5882, 5892, 5906, 5920 31st Street South; and
WHEREAS, A Hearing was held July 3, 2018 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on March 11 and 18, 2019 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., March 25, 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 “Providence at Prairie Farms 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 Airport First Addition Rezoned (2102 12th Street North):
At a Hearing held on February 5, 2019 the Fargo Planning Commission recommended approval of a change in zoning from LI, Limited Industrial to LC, Limited Commercial.
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 the applicant proposes to add two additional stories to the existing building, with the first floor remaining as commercial and office space and the second and third floors each having four apartment units. Mr. Kress said the CUP was approved by the Planning Commission with no City Commission action being required on the CUP. The zoning change is to allow residential use, he said. There is a rare set of covenants in the area that the City is party to that come from the original plat in 1969, he said. Those covenants originally prohibited any residential use in this zone, he said, and the applicant did go through the process provided in the covenants to modify those.

Commissioner Strand 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 Grindberg. On the vote being taken on the question of the adoption of the Resolution Commissioners Strand, Grindberg, Piepkorn, Gehrig 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 Airport First Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Strand 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 Airport First Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Hearing on Application Filed by Pho D’Licious, Inc. d/b/a Pho D’Licious for a Class “H” Alcoholic Beverage License at 623 NP Avenue North Continued to April 22, 2019:
A Hearing had been set for this date and hour on the application filed by Pho D’Licious, Inc. for a Class “H” Alcoholic Beverage License at 623 NP Avenue North; however, City Auditor Steve Sprague has asked that this hearing be continued to
April 22, 2019. He said the applicant needed to get a building permit secured and Health Department issues addressed, so when he gets further down the line the applicant will come back to Liquor Control.
Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. on Monday, April 22, 2019.

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

Application Filed by CRA3 Investments LLC d/b/a Wingstop for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by CRA3 Investments LLC d/b/a Wingstop for a Class "H" Alcoholic Beverage License at 2653 45th Street South, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
Commissioner Piepkorn moved the application be approved.

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

Application to Transfer the Class “FA” Alcoholic Beverage License from Transcendent Hospitality Group LLC d/b/a Four Points by Sheraton to Fargo South Hospitality LLC d/b/a Four Points by Sheraton Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "FA" Alcoholic Beverage License from Transcendent Hospitality Group LLC d/b/a Four Points by Sheraton to Fargo South Hospitality LLC d/b/a Four Points by Sheraton at 5064 23rd Avenue South, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
Commissioner Piepkorn moved the application be approved.

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

Application to Transfer the Class “B-Limited” Alcoholic Beverage License from Lakemode Liquors d/b/a Lakemode Liquors to Cash Wise Liquors LLC d/b/a Hornbacher’s Wine & Spirits Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "B-Limited" Alcoholic Beverage License from Lakemode Liquors, Inc. d/b/a Lakemode Liquors to Cash Wise Liquors LLC d/b/a Hornbacher’s Wine & Spirits at 4265 45th Street South, Suite 121, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
Commissioner Piepkorn moved the application be approved.

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

Richard Engen Appointed to the Airport Authority:
The Board received a communication from Mayor Mahoney recommending that Richard Engen be appointed to the Airport Authority to replace Stephen Blazek whose term will expire on April 8, 2019.
Commissioner Gehrig said there has been 60% turnover in the appointments to the Airport Authority in the last four years and, while he has no problem with the recommended appointment, knowledge is lost when turnover happens quickly. He said he encourages thoughtfulness in how quickly members are turned over.

Commissioner Strand moved Richard Engen be appointed to the Airport Authority for a five-year term ending April 9, 2024.
Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn, Gehrig, Grindberg and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Appointments to the Fargo Dome Authority:
The Board received a communication from Mayor Mahoney recommending that Blake Nelson, Park District nominee, and Nancy Jordheim, Board of Education nominee, be reappointed and Vern Bennett, Cass County Commission nominee, be appointed to the Fargo Dome Authority. Mr. Bennett replaces Darrell Vanyo, who no longer serves on the Cass County Commission.
Commissioner Strand moved Blake Nelson and Nancy Jordheim be reappointed and Vern Bennett be appointed to the Fargo Dome Authority for four-year terms ending April 1, 2023.

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

Request for a Resolution Opposing House Concurrent Resolution No. 3037 Nullifying North Dakota’s Ratification of the Equal Rights Amendment Failed for Lack of a Majority:
Commissioner Strand said he has had outreach from citizens requesting the Board take a stand on House Concurrent Resolution No. 3037.

Karen Stoker, 1510 8th Street South, said equality of rights under the law should not be denied on account of sex. She said by 1977 North Dakota was one of 35 states to have ratified the Equal Rights Amendment; however, two weeks ago the North Dakota House passed a resolution nullifying the state’s ratification. She said women do not have equal rights. She said they do not have legal rights that are afforded to race or religion; there are issues with pay parity, violence against women and sexual discrimination. She said millions of hours over a hundred years have been dedicated to fighting for equal for equal and it is reprehensible that North Dakota would nullify the ratification of the Equal Rights Amendment.

Arlette Preston, 505 Broadway, said from an employer’s perspective, this action is unnecessary in that the deadline to ratify the ERA is 40 years past. She said she does not know why the Legislature felt they had to bring this up at this point. It sends a bad message to anyone thinking of relocating or researching the Fargo community, she stated.

Commissioner Grindberg said he requested a copy of the testimony from the House Committee on the bill and talked with the Chair of the Committee who will hear the bill Thursday. He said there is a growing debate across the country to renew the debate to solidify this in the Constitution. He said four or five states have withdrawn over the last few years and there is legal interpretation on whether that is allowed. Cass County votes, in the House, were 10 for and 10 against, which says it is divided, he said, and it is important to know what local legislators think versus 144 that show up in Bismarck from across the state. He said in looking at his own legislative district, two women who he has the utmost respect for had different votes on this issue, so that compares to the national debate that has happened for decades about moving this into the Constitution. He said he has talked with four of his former colleagues in the Senate and it is divided from their perspective and three of the four said it is not a City Commission issue; it is theirs in the State Legislature. The legal question is whether States can withdraw and some credible sources think Congress is unlikely to act, he said. He looked at the National League of Cities to see how big of a debate this is across the nation and did not find anything that appears cities across the nation are moving into the arena, he said, with the exception being a recent municipality debate with preemption at the North Carolina Legislature about allowing cities to determine their own discrimination laws. He said that backs up with a gentleman he talked with who is closer to the judicial system who says since the ERA movement in the 1970s, federal, state and local laws have been enacted across the nation to address the issue. In 2017, Mayor Mahoney signed the City’s updated discrimination policy, he said, and in his experience in the Legislature, he voted repeatedly to include sexual orientation to be part of North Dakota’s discrimination laws so he feels his record stands as personally doing the right thing. He said he struggles with this being a City Commission action and he is concerned with the precedence. He said there is the ability to send messages on various legislation, such as a letter he and the Mayor recently worked on for a bill the City of Fargo supported; however, it was defeated. There has been other messaging from staff and discussions at the City Commission level about taking positions or empowering the Mayor or staff in a collective way unless deemed appropriate to bring forward as Commissioner Strand has done here. It is an important issue, he said; however, he struggles with whether the Board needs to take action on items such as this.

Ms. Stoker said that even with amendments, the ERA has not reached equality. She said her concern with the discussion at the House and some of the comments and information being shared at the debate is false, erroneous and fear mongering. She strongly recommends the Board take this precedent. She said the definition of leadership is someone who goes first and Fargo is a leader in the State in many areas and it is important to respect all citizens and provide equal rights for women.

Commissioner Piepkorn said he would have like to have seen a copy of all the information before the meeting, specifically House Concurrent Resolution No. 3037 as to how the bill reads, since that is what is being voted on. It needs to be in front of them for the City Commission to vote on it and to see what it is, he said, as it makes it tough for him if he does not see it.

Josie Danz, 420 Broadway, said the City of Fargo taking a stand would be symbolic as the largest city and a big economic center for the state. She said if North Dakota goes through with HCR 3037 it would send a terrible message to anyone looking to make North Dakota his or her home and would set the state back greatly. It is important that Fargo act as a leader on this important issue, she stated.

Commissioner Gehrig said the amendment being discussed would read “the equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex” and the 14th Amendment in part reads “no state shall deprive a person of life, liberty or property without due process of law nor deny any person within its jurisdiction the equal protection under the law.” It is the same thing, he said, and it is not the Board’s place to vote on this, it is a Constitutional Amendment at the highest level and it is the State that would vote on it. He said he feels the City should leave it alone, it is covered by the 14th Amendment of the United States Constitution.

Commissioner Strand thanked those who stepped up and asked for consideration of the topic. For those who say it is not a legislative issue, he said, when it comes to people issues everyone needs to get into the world present and reflect the attitudes that will help to succeed at recruiting the people that will live and work here. He said the message needs to be that Fargo is a welcoming, accepting community and that everyone is treated equally as best as possible. He said he hopes the Legislature would listen to Fargo and the people who say these things matter. He said it matters what future generations are told, what type of expectations there are and how high the bar is set and how people are treated. He said he is disappointed that the Legislature went down this path, they did not have to raise an issue that will polarize and cause fighting over something as simple as whether men and women are equally treated and if they should be. He said many perceive it to be anti-women and he hopes it is withdrawn. He said there would be no harm in putting an aye vote to this; however, it will do some harm, perhaps, if the Board does not support the messaging that this great city puts out to the world and the state.

Mayor Mahoney said a quandary that happens sometimes is that people in the Legislature see the City helping with issues as interfering with the legislative process. Equal rights is paramount in getting people to come and work here, he said and are we an embracing city or pushing people away. Options would be to reach out to legislators, or do a motion to send a message, he said, or if Commissioners are concerned they have not seen the wording there is an option to table it for two weeks; however, the Hearing is this week and any influence the City would have would be lost.

Commissioner Grindberg said his conversation with some women friends in the Senate was not that they felt the Legislature is heavy handed by telling the City what to do, it was more that this is a matter to deal with in the Legislature. He said they did not have an opinion one way or the other, it is more of a Legislative issue and whether the City Commission is going to have any influence. Either way this vote goes, he said, a message can be sent to the lobbyist or City staff to oppose the measure on Thursday, which is customary with past practice on how the City deals with certain pieces of legislation.

Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The Equal Rights Amendment was passed by Congress on
March 22, 1972 and sent to the states for ratification; and
WHEREAS, Forty-three years ago, North Dakota became the 34th state to ratify the ERA; and
WHEREAS, The North Dakota Senate will be voting on House Concurrent Resolution No. 3037 which nullifies the ratification of the ERA passed by the ND Legislature in 1975; and
WHEREAS, The passage of this Resolution will communicate a lack of support in this state for continued efforts by women to achieve equal pay for equal work, protection of rights in the workplace and in public spaces, and it will disaffirm the important role women play in the economy of this state; and
WHEREAS, In this time of low unemployment and multiple open positions to which businesses are attempting to attract applicants, the City of Fargo needs to be mindful of the existence of a welcoming attitude towards potential workforce participants.
NOW, THEREFORE, BE IT RESOLVED, That the Fargo City Commission opposes the passage of HCR 3037 and communicate that opposition to legislators representing the citizens of the City of Fargo and to the Governor.

Second by Grindberg. On call of the roll, Commissioners Strand and Mahoney voted aye.
Commissioners Gehrig, Grindberg and Piepkorn voted nay.
The motion was declared lost for lack of a majority.

Report on Tax Increment Financing (TIF) Districts:
Director of Strategic Planning and Research Jim Gilmour said the City Commission previously requested a report on TIF Districts, to include beginning year of the TIF District, base year and current property values, fund balances, outstanding obligations and plans, anticipated 2019 revenue and the expected year TIF Districts can close. He said right now there are 16 TIF Districts in place from which the City will receive TIF revenue in 2019. Two additional TIF Districts have been approved by the City Commission, Block 9 and District 2015-02, he said; however, revenue will not start with those districts until the projects have increased in value. He said property values within the districts has increased and therefore the property taxes paid by property owners in these districts has increased. Overall, he said, property values increased from a base value of $10 million to a value of $347 million in 2018. TIF property tax revenue is now $4.6 million and the base property tax revenue is about $130,000.00, he said. Prior to 2011, he said, there was no limit to how long a TIF District could be in place. Now, he said, districts are capped at 25 years and the City’s policy has been to limit TIF Districts that provide repayment of development costs to developers to 15 years. The projected need of the TIF District is estimated based on the anticipated time period needed to generate TIF revenue sufficient to pay for all costs or the limit established either by ND Century Code or by a Development Agreement, he said.

Mayor Mahoney said it is important to be aware of the impact of TIF Districts and the fact that the value has gone up so much.

In response to a request from Commissioner Gehrig to explain the impact when the $4.6 million of TIFs come off, since most people think it is used the same way, Mr. Gilmour said when a TIF District is in place, rather than being distributed to the schools, parks, county, airport, etc., the property tax revenues come to the City to reimburse for costs incurred. He said as the TIF Districts close, the same amount of taxes will be paid; however, rather than revenues going to the City of Fargo TIF fund, it will go to the all the taxing jurisdictions locally as well as the statewide mill levies.

Commissioner Gehrig said the upside is that when the taxing entities see the increase in their revenue, hopefully they can cut their mills.

Closing of Tax Increment Financing (TIF) District 2001-01 Approved:
The Board received a communication from Strategic Planning Director Jim Gilmour stating the Finance Committee is recommending that Section 22 TIF District 2001-01 close due to the fact that there is sufficient revenue in the fund to build approved and contemplated projects, which can be implemented over the next two to five years. He said the District was created to provide infrastructure to the section of land immediately southwest of I-29 and I-94 and included the construction of 42nd Street between I-94 and 32nd Avenue South, including power line relocation. Since the creation of TIF District 2001-01, property tax values in the TIF District have increased to $226,094,311.00 and jurisdictions that receive property tax revenue will receive additional property taxes from the properties in the area, he said.

In response to a question from Commissioner Piepkorn asking whether West Fargo School District, for example, was still getting property tax revenue during the TIF, Mr. Gilmour said they were, however; the value was based on a lower value.

Commissioner Gehrig moved Tax Increment Financing District 2001-01 be closed and to direct the City Assessor to report to the County Auditor that additional TIF funds are not needed and that TIF District 2001-01 should not be included in this year’s report to the County.

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

Performing Arts Center Taskforce Update:
Commissioner Piepkorn said the Performing Arts Center Taskforce is a very good group and still has a couple months to go. He said the site selection is focused on the Civic Center location and next there will be more refined details such as an architectural rendering, with the next two major challenges being funding and the cost of the building. With a more precise idea of where it may be, the next step is to find out what it will cost, he said, and how to pay for it. He said he is optimistic about funding and it will be unique.

In response to a question from Mayor Mahoney about the debate on locations, Commissioner Piepkorn said three sites were reviewed – the former steel company site, the other end of the block where City Hall is located and the Civic Center. The main thing about the Civic Center site is the skyway connection to four enclosed parking lots and it is within walking distance from Broadway. He said there were many pros and cons to the sites and the pedestrian and parking issues were key.
Commissioner Strand said this is an important discussion that has been happening for years and now is a moment to reach out to the Board relative to what was discussed by the Taskforce. He said the group may propose a Performing Arts Center on the location of the current Civic Center and he can understand that and everything they are weighing suggests that is the better location relative to the MidAmerica Steel site or the plaza. He said he would pose a critical question to the Board and the community as to whether they are open to or whether there is another potential use for the Civic Center and if there is an idea out there. He said if there is a developer or someone in the private world that would like to bring a proposal or concept to consider, this is the time to do it. He said a potential reuse may not exist for the Civic Center; however, his conservative side says to ask the community if there are suggestions, proposals or ideas before the decision is made. He said it may not be there; however, he would feel remiss to take down a public asset then after the fact find out a public or private use should have been explored.

Commissioner Grindberg said he appreciates the update. He said the project may need a feasibility study with a community survey and key stockholder feedback from those individuals who run companies that have the ability to pledge $5 or $10 million dollars and those opinions will really matter. He would not support City funds into this until the private sector is well over 50%, he said, and would not vote for that until the private sector has stepped up in a major way. There is a sophisticated process for fundraising that may have to be brought in at some point, he said.

Commissioner Piepkorn said that is on their list. He said it is a very good group, there are lively discussions and anybody is welcome to come to the meetings.

Flood Update:
City Administrator Bruce Grubb said the first update of the season was presented at the last Board meeting to inform the Commissioners and public about the current probabilistic flood forecast at the time. He said the first deterministic forecast will be issued in the next couple of weeks. A joint flood tabletop training exercise between the City and County was held as a refresher for staff a week ago, he said, and the first public flood meeting was held this morning, which was well attended and included outside agency representatives.

Division Engineer Nathan Boerboom reviewed the current spring outlook and the City’s plans for a potential 41-foot crest. He shared PowerPoint slides showing when higher crest elevations could occur based off the forecast from the National Weather Service indicating a 50% chance of a 37.9-foot flood and 10% chance of 40.3 feet. He said the flood forecast issued in 2009 issued at the same time showed close to the same forecast. Obviously, he said, the type of crest depends on the snowmelt experienced and there is the chance that levels similar to 2009 could be seen. He outlined the preparations already begun to protect to a 41-foot crest with 2-feet of freeboard. He said those preparations range from staffing assignments, coordination with USACE for emergency clay levee construction, snow removal where sandbagging operation and sandbag levees will be needed and procuring outside resources for filling and placing sandbags, rapid deploy products, backup pumps, etc. Flood meetings are set for April 1st at the Fargodome and April 2nd at Centennial School with presentations at 7:00 p.m., he said. Neighborhood protection plans will be available for viewing at the meetings, he said, and Engineering staff will be available to answer questions. He shared a high detail map of the 41-foot crest protection plan and said there is an interactive flood stage map available on the City’s website which shows river level stages from 18 feet all the way up to 44 feet and shows the potential impact to property if the City does not win the flood fight.

In response to a question from Commissioner Grindberg about the date the trigger could be pulled on activating levee creation, etc., Mr. Boerboom said historically, once the river starts rising there is about seven days until the crest is reached. He said with the amount of work expected, it is possible to wait for the first deterministic forecast; however, has not been determined how long it will take to construct the temporary clay levies; therefore, it may need to start in advance of that seven-day window.

Mayor Mahoney said Sioux Falls just had a rain flood event and if something similar happens with two inches of rain causing difficulties, the City does not want to be underprepared. Ideally, he said, this will be more orderly than the chaos of 2009.

Mr. Boerboom said the goal is to have everything in place so if the City needs to start tomorrow, it could happen.

In response to a question from Commissioner Grindberg on who decides to pull the trigger, City Administrator Bruce Grubb said that is a big decision and in the past, those type of actions have come before the Board in Special City Commission meetings.

In response to a question from Commissioner Strand asking about what the reaction would be now if the Diversion were already in place, considering all the work done since the 2009 flood, Mr. Boerboom said if the Diversion were in place and the City had all the additional projects finished for safely passing 37 feet through town, there would be no discussion of emergency measures within the City at the 5% level of 41.4 feet which is essentially the 100-year flood plain level. He said preparations would be putting emergency floodwalls in place and getting all the storm sewer lift stations operating. He said during an event levees would be monitored.

In response to a question from Mayor Mahoney asking Commissioner Grindberg whether there is anything the public can help with as far as the hurdles with the finances in his work at the State Legislature, Commissioner Grindberg said things are at the tail end in the House Environment and Education Committee’s subcommittee. He said he expects to know Tuesday or Wednesday how Senate Bill 2020 will be amended. There are still some moving parts about financing and he feels things are in a good place, he said; however, it may take until the end of the session to get it right.

Bid Award for Emergency Flood Pump Rental Approved:
Director of Operations Ben Dow said this item was requested to be added to the agenda due to the amount being higher than $50,000.00 and was fast tracked due to the emergency preparations. He said resources are becoming limited with the flooding in Sioux Falls and Nebraska and it is important to obtain these large pumps soon. He said these trailer-mounted pumps carry 2,700 to 5,000 gallons per minute.

Commissioner Piepkorn moved the bid award in the amount of $51,413.50 to Bierschbach Equipment for emergency flood pump rental be approved.

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

Task Order No. 1 with Houston Engineering Inc. to Provide Flood Survey Assistance (Project No. FE-19-C1) and Bid Awards for Rapid Deploy Flood Fighting Products (Project No. FE-19-E1) and Rapid Deploy Product Installation (Project Nos. FE-19-G1 and FE-19-G2) Approved (Moved from the Consent Agenda):
Division Engineer Nathan Boerboom said included in the packet is a list of items being procured in advance of the flood fight. He said Task Order No. 1 has no recommended changes; however, for the Rapid Deploy Flood Fighting Products, he would like to amend the Report of Action to include the purchase of an additional $25,200.00 worth of trap bags making the total purchase cost $197,400.00. He said trap bags are used to reduce the number of sandbags and reliance on volunteers in areas where emergency clay levees cannot be constructed. He said it was necessary to put out an RFP for contractor assistance to install the trap bags and five contractors responded and even though these contracts are awarded, the City will be able to dictate when to proceed and if for some reason construction does not happen, there is no cost to the City for cancelling the contract.

Commissioner Grindberg moved Task Order No. 1 with Houston Engineering to provide flood surveying assistance (Project No. FE-19-C1) be approved; award the bid to TrapBags in the amount of $197,400.00 for rapid deploy products (Project
No. FE-19-E1); and award the bid for rapid deploy product installation to Northern Improvement Company (Project No. FE-19-G1) and Excavating, Inc. (Project
No. FE-19-G2).

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

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, April 8, 2019.
Second by Strand. All the Commissioners voted aye and the motion was declared carried.

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