Board of City Commissioners - May 20, 2019

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 4:00 o'clock p.m., May 20, 2019
The Commissioners present or absent were as shown following:
Present: Grindberg, Piepkorn, Strand, Mahoney.
Absent: Gehrig.
Mayor Mahoney presiding.
Mayor Mahoney announced that there are pending litigation matters to be discussed in Executive Session for the purposes of attorney consultation pursuant to ND Century Code Section 44-04-19.1(2) in the pending litigation matter of City of Fargo v. Karen Wieland and with respect to matters which are currently being negotiated with the Fargo Municipal Airport Authority to discuss negotiating strategy or provide negotiating instructions to the City’s attorney or other negotiator, said executive session being necessary due to the fact that open meeting discussions regarding such negotiations would have an adverse fiscal effect on the bargaining position of the City pursuant to NDCC § 44-04-19.1(9).

Commissioner Piepkorn moved the Commissioners meet in Executive Session in the River Room as authorized by NDCC, Section 44-04-19.1 subsections 2 and 9 to discuss said matters.
Second by Grindberg. All the Commissioners present voted aye and the motion was declared carried.

At 4:02 o’clock p.m. the Board moved to the River Room to discuss said matters in Executive Session.
Members present were: Gehrig, Grindberg, Piepkorn, Strand and Mahoney.

The Executive Session closed at 5:04 o’clock p.m. and the meeting reconvened in public session at 5:08 o’clock p.m.
Members present were: Gehrig, Grindberg, Piepkorn, Strand and Mahoney.

The Mayor read a message with the following information: The Fire Department is observing Home Fire Sprinkler Week; Fargo Cass Public Health has installed outdoor sharps kiosks at the Harm Reduction Center and at the main Public Health building; the ND Department of Human Services’ Behavioral Health Division has awarded funds to FCPH to continue efforts to decrease access to unwanted prescription opioids and increase access to Naloxone and recovery support services; May is Building Safety Month and the safety of buildings and properties is what the Inspections Department works on every day; the Library’s annual Summer Reading Program starts June 3rd; the Fargo Human Relations Commission has joined the Community Workforce Inclusion Council; the Arts and Culture Commission is seeking input from the public about installation of public art; eight new police officers have been sworn in; the Law Enforcement Memorial Service was held last week at Lindenwood Park; Brock Morrison has joined the City as Director of Facilities Management; and the Mayor announced that the Communications Department’s Creative Services Division will now be showing short videos on tree planting and the plastic bag recycling challenge.

Order of Agenda Approved:
Commissioner Strand moved the Order of the Agenda be approved omitting Item No. “14” and moving Item Nos. “28” and “29” from the Consent Agenda to the Regular Agenda.

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

Minutes Approved:
Commissioner Grindberg moved that the Minutes of the Regular Meeting of the Board held on May 6, 2019 be approved as read.

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

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

1. 2nd reading and final adoption of an Ordinance Amending Section 4-0106 of Article 4-01 of Chapter 4 of the Fargo Municipal Code Relating to the General Provisions Governing City Officials and Employees; Amending Section 11-0814 of Article 11-08 of Chapter 11 of the Fargo Municipal Code Relating to Environmental Nuisances; and Amending Section 1-0305 of Article 1-03 of Chapter 1 of the Fargo Municipal Code Relating to Ordinance Violations; 1st reading, 5/6/19.

2. Waive requirement that final passage not be had until at least one week after 2nd reading of an Ordinance Rezoning Certain Parcels of Land Including all of Fred C. Hagen Addition and Adjacent Unplatted Parcels.

3. Receive and file update and status report from the City Attorney on the Roberts Alley utilities burial project.

4. Applications for property tax exemptions for improvements made to buildings:
a. Ronald J. and Kathryn M. Norby, 3420 Peterson Parkway North (5 year).
b. Bryce F. and Starla J. Anderson, 3320 Par Street North (5 year).
c. Jason Wisniewski, 915 Broadway North (5 year).

5. Site Authorizations for Games of Chance:
a. American Gold Gymnastics, Inc. at Side Street Grille and Pub and The Box.
b. North Dakota Association for the Disabled, Inc. at Bulldog Tap, O’Kelly’s and Shotgun Sally’s Rock N Roll Saloon.
c. VFW Post 762 at the VFW Club.
d. West Fargo Hockey Association at Fort Noks Bar of Gold.

6. Applications for Games of Chance:
a. Kringen Club, Inc. for bingo from 7/1/19 to 6/30/20.
b. UND Alumni Association and Foundation for a raffle on 6/26/19; Public Spirited Resolution.

7. Receive and file General Fund – Budget to Actual through April 2019 (unaudited).

8. Purchase of Service Agreement with Central Cass Public School District for nursing services for the 2019/2020 school year.

9. Workforce Solutions Services Agreement with TrainND SE by NDSCS.

10. Benefit Plan Agreement with Blue Cross Blue Shield of ND.

11. Professional Services Agreement with Bishop Land Design, LLC for the Fargo Civic Plaza.

12. Renewal of the Agreement for Long-Term Temporary Highway Closure with the NDDOT.

13. Bid award to Industrial Builders, Inc. in the amount of $2,016,010.00 for the Cell 19 and Partial Closure Construction Project No. SW19-01.

14. Receive and file the estimated costs to expand Transit Services into the Industrial Park (omitted).

15. Authorizing Resolution for the Transit Department (Attachment “A”).

16. Grant applications as outlined, the local share of the grant and upon successful receipt of funds grant execution.

17. Maplewood Estates Development and Access Agreement, Memorandum of Agreement Regarding Development and Access Agreement with Maplewood Estates, LLC and Maplewood Estates Homeowners Association, Inc. and The Maplewood Estates Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges with Maplewood Estates, LLC.

18. Amendment to Developer and Road Use Agreement with Block 9 Partners, LLC.

19. Amendment No. 3 with Houston Engineering Inc. in the amount of $67,171.75 for Project No. MS-14-20.

20. Change Order Nos. 1, 2 and 3 for an increase of $37,614.91 for Project No. SN-18-A1.

21. Access Agreement with the Fargo Park District for Project No. FM-19-B.

22. No bids received for Project No. FM-14-71; project to be rebid at a future date.

23. Bid award to PKG Contracting in the amount of $657,069.00 for near-term ozone improvements (Project No. WA 1862).

24. Contract and bond for Project No. TP-19-B1.

25. Bills in the amount of $8,165,086.34.

Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg (abstained from voting on Item No. 9), Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Change Order No. 2 for a Time Extension for Improvement District No. BN-18-A1 Approved:
The Board received a communication from the Public Works Evaluation Committee (PWPEC) stating a time extension for KPH is being requested due to weather delays and unsuitable borrow material.
Commissioner Gehrig moved Change Order No. 2 for a time extension to June 2, 2019 for Improvement District No. BN-18-A1 be approved.

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

Final Balancing Change Order No. 2 for Improvement District No. BN-18-E1 Approved:
Commissioner Gehrig moved Final Balancing Change Order No. 2 for an increase of $17,681.01 for Improvement District No. BN-18-E1 be approved.

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

Petition for Alley Paving between Roberts Street and Broadway between 1st and 2nd Avenues North in Roberts Addition and Addition of Improvement District No. AN-19-G to the 2019 CIP:
This item was moved to the Regular Agenda.

P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-G (Roberts Alley from 1st to 2nd Avenues North):
This item was moved to the Regular Agenda.

No Protests Received for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Pavement and Incidentals Improvement District No. BN-19-C1:
The Statutory Resolution of Necessity for the construction of Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Pavement and Incidentals Improvement District No. BN-19-C1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on April 29 and May 6, 2019 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Gehrig moved that the Board declare that no protests have been filed to the construction of Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Pavement and Incidentals Improvement District No. BN-19-C1.

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

Bids Received for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Pavement and Incidentals Improvement District No. BN-19-C1:
The bids for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Pavement and Incidentals Improvement District No. BN-19-C1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., May 15, 2019 and the bids were found to be as follows:

Dirt Dynamics Fargo, ND
Bid: $794,882.54

Northern Improvement Company Fargo, ND
Bid: $798,609.02

Fox Underground, Inc. West Fargo, ND
Bid: $806,105.45

FM Asphalt, LLC Moorhead, MN
Bid: $829,007.90

Border States Paving, Inc. Fargo, ND
Bid: $841,380.97

Dakota Underground Company, Inc.Fargo, ND
Bid: $986,488.00

Contract for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Pavement and Incidentals Improvement District No. BN-19-C1 Awarded to Dirt Dynamics in the Amount of $794,882.54:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Pavement and Incidentals Improvement District No. BN-19-C1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 15, 2019 for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Pavement and Incidentals Improvement District No. BN-19-C1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Pavement and Incidentals Improvement District No. BN-19-C1 shows the bid of Dirt Dynamics of Fargo, North Dakota, in the sum of $794,882.54 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 Dirt Dynamics in the sum of $794,882.54 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Pavement and Incidentals Improvement District No. BN-19-C1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dirt Dynamics for the sum of $794,882.54, 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 Grindberg. On the vote being taken on the question of the adoption of the Resolution Commissioners Gehrig, Grindberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Presentation on the Public Safety Compensation Study: Market Adjustments for Public Safety Positions Approved:
The Board received a communication from Director of Human Resources Jill Minette stating that the Human Resources Team, in collaboration with leadership from the Police and Fire Departments, launched a Public Safety Compensation Study last fall. A survey was developed and 28 cities from 11 states within this region were invited to participate, she said, and eight completed the survey, with another four providing some information. For the remaining cities, she said, data was extracted from the pay plans or contracts in order to include as much compensation and benefit information as possible. The purpose of the study was to determine if the City’s pay plan and benefits are competitive within the region for public safety positions, she said, and the parity between police officer and firefighter positions throughout the region was also studied. She said the analysis of the data shows the starting rate of pay for police and fire positions are competitive; however, it begins to lag in the local and regional market early in the pay ranges for police and fire positions. She said recommendations reviewed and approved by the Position Evaluation Committee (PEC) on May 9th will better align the public safety pay ranges and make the City of Fargo more competitive, supporting recruitment and retention goals. She said the recommendations are as follows:
• Police and Fire positions remain in the current grade assigned.
• The range spreads for public safety positions expand from 30% to 36% spreads to 36% to 51% spreads by expanding the top of the ranges.
• The movement between the steps accelerates to allow for higher step increases of 5% to 6% rather than 2% to 3%.
• The implementation plan is to apply the market adjustment retroactively to December 31, 2018 (the start of the first pay period of 2019), applying the new step rates on individual step increase dates throughout 2019.
• The overall cost of implementation is approximately $473,812.00.
Fire Chief Steve Dirksen said there has been a steady decline in people who want to be firefighters and he has seen an exodus of personnel to other Fire Departments for higher compensation and for private sector jobs due to better pay and work schedules. He said 20 years ago, the Fire Department had 200 to 300 applicants for one to five job openings. In February of this year, he said, only 25 people signed up to take the firefighter test.
Police Chief David Todd said he has been talking about compensation for a long time. Recruitment is tough, he said, and for many young people, law enforcement is not a career option due to the fact that there are too many other choices. He said he tries very hard to create a welcoming atmosphere and he has formed officer committees to help determine policy. He said he is thankful to the City Commission for getting the Police Department moved out of the cramped Downtown headquarters and being able to hire more officers; however, the Police Department has fallen behind in compensation. He said he has lost many officers over the past few years due to compensation and he has already lost 10 officers this year due to the fact that they can get paid the same or more in cities such as Moorhead and West Fargo where there is higher compensation and fewer calls for service. That, he said, is not sustainable. He said the City invests significantly in the training of its police officers and this compensation hike will go a long way in retaining those trained officers.
In response to a question from Commissioner Grindberg regarding the step increases added in 2017, Ms. Minette said steps 12 and 13 were added for police officers and firefighters.
In response to a question from Commissioner Piepkorn regarding Fire Department ranks and pay, Chief Dirksen said most cities have firefighters designated as drivers/apparatus operators. According to the proposed compensations, he said, Fargo firefighters will max out at Step 7 and firefighters designated as drivers/apparatus operators will continue to receive increases through Step 10. He said it takes a very skilled person to drive a 50-foot ladder truck loaded with highly specialized equipment through traffic.
In response to a question from Commissioner Gehrig about the cost of benefits for police officers and firefighters, Ms. Minette said this presentation is only about wages and there are no recommendations at this time to change benefits.
Commissioner Gehrig said he thinks doing this out of the budget cycle is a mistake. He said he wants to see a five-year budget due to the fact that these numbers will go up quickly. He said he supports an increase; however, not now and not until he sees more data.
Mayor Mahoney said he does not like making changes mid-year either. This is something the City Commission has to address, he said, and yes, it will have impacts; however, the City has to remain competitive.
Commissioner Piepkorn said this is fundamental local government and in order to have the best public safety employees, the City has to compensate them or they will go elsewhere. He said the Human Resources staff did a phenomenal job with this study and he wants to commend them.
Commissioner Strand said the City is only as good as its people and he thanked the fire and police personnel for bringing up their concerns.
In response to questions from Commissioners Grindberg and Piepkorn, asking how the City will pay for the increases, City Administrator Bruce Grubb said due to some of the vacancies in the Fire and Police Departments, there would be extra funding available and the City usually ends the year with some money unspent.
Mayor Mahoney said the City Commission had asked for the local and regional study last August and the increases were a response to the marketplace.
Commissioner Piepkorn said the problem for the City was in the middle of the salary schedule, although starting pay was fairly strong. He said as a City Commissioner, public safety is one of his main responsibilities.
In response to a question from Commissioner Grindberg asking if this market study is the same as the other market studies done about every three years, Ms. Minette said this study was much more comprehensive than past studies.
Commissioner Strand moved the recommendations of the PEC be approved as presented retroactive to December 31, 2018 with the new step rates applied on individual step increase dates.

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

At 6:05 p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Public Hearing on Community Development Block Grant (CDBG) and HOME Programs 2019 Action Plan and Budget and Amendments to 2018 Action Plan Activities and Budget/5-Year Consolidated Plan Activity:
A Hearing had been set for this day and hour to consider the Community Development Block Grant (CDBG) and HOME Programs 2019 Action Plan and Budget as well as Amendments to the 2018 Action Plan Activities and Budget/5-year Consolidated Plan Activity.
Community Development Planning Coordinator Tia Braseth said the priorities established for the grant and programs resulted from citizen participation and a community meeting. The City’s 5-year priorities, she said, include affordable housing, activities to end homelessness, neighborhood revitalization and poverty reduction. She said every March, HUD does a Timely Expenditure Test and Fargo failed in 2019 due to projects not coming to fruition, taking on a lot of small projects and limited City staff resources. She said failing the test once is not uncommon; however, failing twice could result in withholding of funds. To pass the next test, she said, the City must stay focused and on schedule, choose large projects to expend funds quickly, choose quick and easy spending activities such as property acquisition and public facilities improvements, and partner with organizations that are prepared to quickly and correctly finish projects by February 2020. The proposed amendments, she said, include canceling the Special Assessments Assistance Program due to a City of Fargo Administration determination and a Rape and Abuse Crisis Center (RACC) Public Facilities Improvement Project the RACC declined due to changes in the agency’s needs from the time of application. The revised activity is a reduction of $250,000.00 in the Slum and Blight Abatement/Hazardous Property Clearance activity, she said, and those funds were redirected to new Affordable Housing Development projects. Each proposed amendment was detailed in a public notice published on May 13, 2019, she said, and the timeline for the amendments, including the 30-day public comment period, were also outlined in the public notice. She said the 30-day public comment period runs through June 12th and final City Commission consideration will be June 17th.
Mayor Mahoney closed the public hearing.

Application Filed by Bernbaum Inc. d/b/a Bernbaum’s for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Bernbaum Inc. d/b/a Bernbaum’s for a Class "GH" Alcoholic Beverage License at 402 Broadway North, 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, Grindberg, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Application Filed by Brew Bird Inc. d/b/a Brew Bird for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Brew Bird Inc. d/b/a Brew Bird for a Class "F" Alcoholic Beverage License at 30 University Drive North, 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, Grindberg, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Application to Transfer the Class “FA Golf” Alcoholic Beverage License from BCZ, LLC d/b/a 9 Iron Bar & Grill to Brickhouse Tavern LLC d/b/a Brewtus Clubhouse Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "FA Golf" Alcoholic Beverage License from BCZ, LLC d/b/a 9 Iron Bar & Grill to Brickhouse Tavern LLC d/b/a Brewtus Clubhouse at 4400 Clubhouse Drive, 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, Grindberg, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

State Water Commission Request for Cost Reimbursement for FM Diversion Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $6,421,825.61 for cost reimbursement for the FM Area Flood Risk Management Project for March 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 $6,421,825.61 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, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

State Water Commission Request for Cost Reimbursement for FM Diversion Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $59,863.29 for cost reimbursement for the FM Area Flood Risk Management Project for March 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 $59,863.29 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, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Request for Tax Increment Financing for a Project Located Northeast of University Drive and 11th Avenue North Referred to Appropriate Staff for Review:
Director of Strategic Planning and Research Jim Gilmour said Commissioner Strand asked him to go over the Tax Increment Financing (TIF) renewal plans on this particular block. He said in July 2018, the City Commission directed the Planning Department to prepare renewal plans on four blocks in the Roosevelt Neighborhood and at that time, no TIF districts were to be included. In November 2018, he said, the City Commission approved renewal plans on three blocks in the Roosevelt Neighborhood and all blocks in the University Mixed Use Zoning District. Since then, four dilapidated houses were demolished within the Renewal Plan Area, in the spring of 2019, three more houses that were dilapidated were demolished, he said, and two additional dilapidated houses have been permitted to be demolished. He said what is before the City Commission is Roers’ request for TIF assistance for a housing project and some things that can be done with the Renewal Plan to provide some assistance for the developer and activities that could benefit the neighborhood. He said eligible actions are the acquisition of property and the demolition of property and public facilities; therefore, as the City develops this plan, what he anticipates doing is bringing forward an option to use a portion of the TIF money to acquire and rehab other homes in the Roosevelt neighborhood as a way to promote single-family housing. He said he recently met with the Roosevelt Neighborhood Association asking for their input and the neighborhood opposes the TIF. The City Commission now needs to decide to proceed with the renewal plan or reject the request, he said.
In response to a question from Commissioner Grindberg asking if this could help seed a land trust, Mr. Gilmour said he thinks it can. He said land acquisition is an eligible activity as well as demolition. He said one option would be acquiring a dilapidated house in the neighborhood, clearing it and making it available for the land trust. He said there have also been discussions with Roers about the proposed townhomes and if any of those lots could be acquired and incorporated into a land trust. He said he needs some direction if the City Commission wants to go forward with these ideas due to the fact that it will take some time. He said the earliest a Renewal Plan and Development Agreement would be back before the City Commission is July 15, 2019.
In response to a question from Commissioner Gehrig asking in order to acquire land for the land trust, would the plot have to be within the TIF District, Mr. Gilmour said it would not have to be within the TIF District; however, it would have to be within the Renewal Plan area, which the City could make larger to cover the entire neighborhood.
Mayor Mahoney said this vote is only to move the request to the financial advisers then after financial analysis, it will go to the Tax Exempt Review Committee before coming back to the City Commission.
Mr. Gilmour said Roers has to request a specific dollar amount and activities. The City would then have to see if those requests are eligible, the financial adviser will decide if money is needed to make the project feasible, he said, and look at the return with or without assistance, then make a recommendation. He said a delay would move the build back a year.
Commissioner Piepkorn said he would like to see the proposal go to the financial advisers for review and to the Tax Exempt Review Committee. The Renewal Plan is a separate issue, he said.
Mr. Gilmour said a Renewal Plan requires a certain amount of public hearings and notice and it will be at least eight weeks from when a Renewal Plan is started and creation of the TIF District before it would be back to the City Commission for any action. He said the City could look at the feasibility in the short-term; however, that would delay the project.
In response to a question from Mayor Mahoney asking if a Renewal Plan would delay the project if a TIF is recommended, Mr. Gilmour said in order to create the TIF District, there is a required 30-day comment period and various hearing notices; therefore, if the TIF District is within the adoption of the Renewal Plan and the various hearing notices, which are required, it will be hard to get it back to the City Commission by July 15th. He said it does not take long to write the Renewal Plan due to the fact that some background research has already been done; however, the approval process is outlined in state law and with notices to the county and others, if this is back to the City Commission in a month and it is approved, the earliest a Development Agreement is done would be August.
In response to a question from Commissioner Piepkorn asking if the Newman Center project is a completely separate project and would not be included in the TIF, Mr. Gilmour said the church and the parking for religious purposes is exempt from property taxes. The faith-based housing would be paying property taxes, he said, so the City can capture income from that part of the project, which could go into the TIF to help the neighborhood.
Commissioner Piepkorn said this is a lot of “Inside Baseball” information that needs clarification before going forward. He said this is a very big decision as to whether to include the faith-based housing, not include it or only include the Roers property. He said these questions will affect the whole project.
Mr. Gilmour said he could come back with two versions. He said the size of the TIF could be just for the Roers site, not for the faith-based housing.
Commissioner Piepkorn said the Tax Exempt Review Committee should be involved in this conversation to help decide how to proceed.
In response to a question from Commission Grindberg asking if the Tax Exempt Review Committee would have the discretion to take those paths, Mr. Gilmour said the intent of the Tax Exempt Review Committee is reviewing this and deciding how big the TIF District should be and what should be included.
Mayor Mahoney said the Tax Exempt Review Committee meets in June and will address the question.
Commissioner Strand said as a rule, he would stand with the neighborhood; however, what Mr. Gilmour has suggested is to see if the City can turn the TIF into a benefit for the Roosevelt neighborhood and not just the developer. He said the Roosevelt neighborhood is the most at-risk and the most affected by the shift of the location of campus housing. He said he is concerned about the neighborhood and their voice regarding the City’s policies and he wants to see what Mr. Gilmour and the Tax Exempt Review Committee can come up with. He said he chairs the Community Development Committee where affordable housing, poverty and blight are front-burner topics. If the City can approach this and come up with a TIF where there are some tradeoffs and the City will leverage investment into the neighborhood going forward, he said, he is open to hearing that. If it looks like this is only going to benefit the developer, he said, he will land with the neighborhood, who is opposed to the TIF.
Commissioner Piepkorn moved appropriate staff be directed to submit the proposal to the City’s financial advisers for review for a project located Northeast of University Drive and 11th Avenue North.
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.

City of Fargo Pledge to Fueling Our Future Approved:
The Board received a communication from Strategic Planning Director Jim Gilmour stating Fueling Our Future is an initiative to implement programs for economic development, workforce development and quality of life in the metro area. He said the Greater Fargo Moorhead Economic Development Corporation (GFMEDC) and the Fargo Moorhead West Fargo Chamber of Commerce (FMWFCC) have led the development of this program and the private and public sectors will lead the program. Over the next four years, he said, Fueling Our Future has requested $400,000.00 from the City of Fargo to support the program.
Craig Whitney, FMWFCC, said this is a long-term community initiative for regional decision-making, created to position the region for success in the future. He said the Chamber Board has been studying the concept for several years and decided this initiative is needed to complement all of the positive things occurring in the region’s marketplace. He said the Board commissioned a feasibility study and established a financial goal of raising $5 million in the first four years, of which $4 million will come from the private sector and $1 million from the public sector. He said collaboration with the GFMEDC is needed to ensure success and a governance board will oversee and vote on the initiatives and what funds will be dedicated. He said the board will be made up of private and public investors.
Joe Raso, GFMEDC, said Fueling Our Future has three pillars and the first is workforce and talent. He said the City Commission made budget decisions tonight about public safety compensation and in order to get those dollars into the City coffers, more business is needed to drive the economy and get people into the marketplace to drive more property and sales taxes. The second pillar, he said, is prosperity, which is about economic development. The GFMEDC is doing things every day, he said, to help primary sector businesses attract and retain workforce and what is needed is bigger, longer term business development initiatives for businesses to be successful. The third pillar, he said, is place and what is being done as a marketplace regionally on both sides of the river to attract and retain people and companies. What types of amenities are needed to be successful and who is responsible falls on multiple organizations, he said, and that is the crux of Fueling Our Future. This is not a four-year initiative, he said, it is the start of the first of four years for what he hopes will be many initiatives, such as what Sioux Falls has done for the last 35 years and the Metropolitan Area Projects Plan in Oklahoma City. He said what he and Mr. Whitney are talking about is a partnership around a structure that has been done in other places and it is time for this region to take hold, join arms and do it.
In response to a question from Commissioner Gehrig asking what other cities are paying, Mr. Raso said West Fargo has already committed $400,000.00.
Commissioner Gehrig said these studies all touch the same areas and government’s job is to help with information, not fund them. He said the City is happy to help support these studies and give any needed information; however, he does not think $400,000.000 is going to make or break a study.
Mr. Whitney said this is not a study; this is a long-term initiative that will include many people from the community in education, the public and private sector and will identify specific challenges such as K-12. He said these are things that will take a long time to work on; however, they will put the region in a much better position 10, 15 or 20 years from now. He said he has found there are many things that can be done for students, such as introducing them to opportunities after high school and making them aware of it at a young age. The region is missing the boat for the thousands of college students in the region, he said, and it needs to be demonstrated to them why they should consider staying in this region.
Commissioner Grindberg said in 1992 the EDC set its sights on generating 6,000 jobs in four years with 80 percent of the funding coming from the private sector and 20 percent from the public with the EDC raising about $2 million. He said there is a lot of energy around regionalism and he likes this call to action, which has not existed for many years. This is a strategy that took almost two years to plan, he said, and the community and the region are ready for this due to the fact that even though a lot of great things have been happening, there has not been a consistent, unified plan and this initiative is exciting. He said in his opinion, 80 percent from the private sector and 20 percent from the public is a fair deal.
Commissioner Piepkorn said he is glad West Fargo is participating due to the fact that in the past, it was always Fargo’s turn to buy lunch. He said this has to be put into the budget and he is glad the Chamber and the GFMEDC are working together instead of competing against each other. Fargo, Moorhead, West Fargo and the region have to be aggressive, some cities spend a lot more than $400,000.00 and this is a good bang for the buck.
In response to a question from Commissioner Strand asking what will the board look like and is the City making a commitment only to a concept, Mr. Whitney said a governance board will be formed and made up of major investors and the City of Fargo will have a seat on that board. He said the board will review and decide what the projects are, what are the costs and will have the final vote on what is supported.
In response to a question from Commissioner Strand asking if this will only be focused on new jobs, or will it also include how to step up the standard of living for many people, affordable housing and childcare, Mr. Raso said the initiative has to be holistic. He said the GFMEDC’s focus is primary sector jobs, which are higher wages; however, they have to be mindful of what this looks like for the entire region and not just the workforce. He said affordable housing and childcare issues will be addressed.
Commissioner Strand moved $100,000.00 be pledged to Fueling Our Future and to revisit this effort again in a year.

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

Commissioner Piepkorn moved $400,000.00 be pledged to Fueling Our Future at $100,000.00 a year beginning in year 2020.

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

Petition for Alley Paving between Roberts Street and Broadway between 1st and 2nd Avenues North in Roberts Addition and Addition of Improvement District No. AN-19-G to the 2019 CIP Approved (Moved from the Consent Agenda):
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) stating a petition was received representing the majority of property impacted regarding the creation of an Improvement District for the design and construction of alley improvement in the 100 block of Roberts Alley. They said staff is recommending the addition of Improvement District No. AN-19-G to the 2019 CIP for the removal and replacement of the east public alley between Roberts Street and Broadway, between 1st and 2nd Avenues North in Roberts Addition.
Commissioner Strand said he asked that this item be moved from the Consent Agenda to the Regular Agenda due to the fact that he had heard from a business downtown that will be negatively impacted by this project.
In response to a question from Commissioner Strand asking what support and outreach has been done for the impacted businesses, City Engineer Brenda Derrig said she first wants to explain the process for people who want their alley paved. She said the first step is to complete a petition and 55 percent or more of the property owners abutting the alley have to sign the petition in order for the petition to be considered and only the property owners’ signatures are counted. The request then goes to PWPEC, she said, with recommendation from staff verifying ownership. Once approved by PWPEC, the design process starts, she said, and when the design is complete, the assessment district is created, approved by the City Commission and the project is advertised for bids. She said there is a 30-day protest period; however, it can only be protested by the owners. Engineering staff has visited with the owners of Scan Design and Halberstadt’s about the paving project, she said, as well as encroachments and options for deliveries. Due to those discussions, she said, the project has been separated to minimize delivery delays and the owners and tenants are coming at this jointly on how to handle options. She said with the project separation, the businesses will be impacted for two weeks instead of 30 days.
In response to a question from Commissioner Strand about two projects, one for the alley and one for the power lines, Ms. Derrig said this request is to pave the alley, which will include conduits.
In response to a question from Commissioner Strand asking if this has any correlation to the three-way mix for the power lines in Roberts Alley between the City, Kilbourne and Xcel, Ms. Derrig said this project does not relate to the power lines in Roberts Alley and alley paving is 100 percent special assessed.
Mary Larsien Cantrel, an owner of Scan Design, said she did not talk to anyone about the project until she saw it in the newspaper. She said the store has been in its current location for 15 years and very heavy things come in and go out of the store every day, with a truck coming every day. She said someone from the City has talked with her to try to find some solutions and they have modified the project, so it is only going to be about 14 days; however, they can only unload on the avenues surrounding the store. As you can imagine, she said, leaving the truck open, the chaos of cars and pedestrians and hauling heavy furniture down a busy sidewalk is not ideal. She said the fact that they were not included in any of the discussions was disappointing.
Allen Larsien, an owner of Scan Design, said the business has been Downtown since 2004 and they have endured many things; however, the business cannot endure this. He said in the past, things have been stolen from the trucks when they are left unattended and that is concerning.
In response to a question from Commissioner Strand asking since they had alerted him to this situation, is their now a workable plan with which they are comfortable, Mary and Allen said they are not comfortable and the plan is not doable.
Mike Zimney, Kilbourne Group, said parking and delivery access on Broadway can be arranged and he could designate spots in front of the Black Building as “delivery only” for two weeks.
Ms. Derrig said Mr. Zimney and others from Kilbourne are aware of this situation, will make adjustments and will have a neighborhood meeting.
Commissioner Strand said in the future, there has to be a checklist so all parties involved are part of the process.
Commissioner Piepkorn moved the petition for Alley Paving between Roberts Street and Broadway, between 1st and 2nd Avenues North in Roberts Addition and the Addition of Improvement District No. AN-19-G to the 2019 CIP be approved.

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

P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-G Approved (Roberts Alley from 1st to 2nd Avenues North):
Commissioner Piepkorn moved the following action be taken in connection with P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-19-G:
Adopt Resolution Creating Improvement District No. AN-19-G:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. AN-19-G in the City of Fargo, North Dakota, be created
The east most alley from 1st Avenue North to 2nd Avenue North between Broadway North and Roberts Street North.
COMPRISING:
Lots 1 through 6 and the east 50 feet of Lots 10 through 12, Block 2.
All in Roberts Addition.
Lots A through F.
All in Hagaman’s Subdivision of part of Block 2 in Roberts Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-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. AN-19-G:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. AN-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 $464,306.00.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. AN-19-G:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. AN-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. AN-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 P.C. Concrete Alley Paving and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-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 P.C. Concrete Alley Paving and Incidentals must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

Direct City Auditor's Office to Call for Bids for Improvement District No. AN-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. AN-19-G in the City of Fargo, North Dakota.

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

Appropriate Staff Directed to Move Forward with the Bidding of Project No. FM-14-13, Including the Wieland Property as a Bid Alternate:
City Attorney Erik Johnson said the Executive Session today included discussion of the pending City of Fargo v. Karen Wieland lawsuit. He said there has been some activity with the lawsuit recently, including an appeal and over the course of the past few months the Engineering Department has been planning a project to button up the Oakcreek neighborhood with respect to flood control. He said he is looking for direction from the City Commission to include or not include the Wieland property in the project that it is now going out for bids.
City Engineer Brenda Derrig said Project No. FM-14-13 will be the final
flood-risk mitigation construction project for the Oakcreek neighborhood. She said when combined with the other flood protection, completion of this project will allow future floods to be fought with a fully-intact levee in place along Drain 27 from I-29 to South University Drive. The cost will be more per lineal foot to install the levee for a single lot at a later date, she said, and the project will eliminate the need to protect for a spring flood along with the disruption of the neighborhood, which has suffered disruptions for many years. She said to delay this project any more simply extends the disruption. She said a retaining wall will be installed in Oakcreek and it is mandatory that the wall extend into the Wieland property due to the fact that the wall needs to be stained and matched to the existing wall. She said no matter what, there will be disruption on the Wieland property, even if the house remains. All of the buyouts have been completed on this particular block, she said and the houses have been moved out and only the Wieland house remains, although no one is living in the house.
Commissioner Piepkorn moved the findings of staff regarding Project No. FM-14-13 be approved as presented and appropriate staff be directed to move forward with the public bidding for the project with the Wieland property included in the bid as an alternate.

Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Strand, Gehrig and Mahoney 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, June 3, 2019.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:18 o’clock p.m.