Board of City Commissioners - May 6, 2019 Minutes
The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 5:00 o'clock p.m.,
May 6, 2019.
The Commissioners present or absent were as shown following:
Present: Gehrig (via conference call), Grindberg, Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.
The Mayor read a message with the following information: Construction season is here and improvements come with added congestion and delay, the public can stay current on detour routes, business access and all other project updates by accessing FargoStreets.com; it is National Nurses Week and Fargo Cass Public Health is fortunate to have a wonderful nursing team who works each day to meet the needs of the community; North Dakota State Park passes are available to check out at the Library; eight new officers will be sworn into the Fargo Police Department on May 13th; lieutenants and sergeants in Field Services are starting to move upstairs in the BSE station to allow for renovations in their current work area which will be expanded to allow for future growth at the Police Department as the City continues to grow, Street Crimes, Narcotics and others will also soon be moving into the second floor of the BSE building; the Forestry Department has started tree planting; in 1990, Dennis Walaker started the Adopt-A-Street program which continues, and this spring, contracts were sent to 27 groups which is the highest number to date; it is Cleanup Week in Fargo, West Fargo, Moorhead, Dilworth and Clay County, an annual event that gives residents an opportunity to dispose of furniture, appliances, brush, household garbage and other large items on their garbage collection day at no charge.
Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved.
Second by Piepkorn. 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 April 22, 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. 1st reading 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.
2. Amendment No. 1 to Agreement for Services with Valley Veterinary Hospital, P.C.
3. Applications for property tax exemptions for improvements made to buildings:
a. Andrew and Alexis L. Scott, 2816 39 1/2 Avenue South (5 year).
b. Kathleen Neugebauer, 420 6th Avenue South, Unit 303 (5 year).
4. Site Authorization for Games of Chance:
a. Plains Art Museum at King Pin Casino (The Bowler), Blue Wolf Casino (West Acres Bowl), Wild Bill’s Sports Saloon, Corner Pocket Casino (Fargo Billiards and Gastropub) and Big Top Bingo.
b. Boys and Girls Club of the Red River Valley at Red River Lanes and Pickled Parrot.
5. Applications for Games of Chance:
a. North Dakota CPA Society Foundation for a raffle on 5/23/19.
b. Roger Maris Celebrity Golf Tournament for a raffle on 6/24/19.
6. Bid award for mowing noxious or other weeds and tall grasses to Bosh Enterprises, Inc. as the primary mowing contractor and Valley Green and Associates as the alternate mowing contractor at an hourly rate (RFP19073).
7. Notice of Grant Award with the ND Department of Health for Ryan White Part B Program/Case Management for People Living with HIV/AIDS (CFDA #93.917).
8. Purchase of Service Agreement with Kindred Public School District for nursing services for the 2019-2020 school year.
9. Site Access Agreement with 223 Main Ave LLC.
10. Corrected block numbering of the previously approved Renaissance Zone boundary adjustment to Blocks 55 and 56.
11. Request to apply for the 2019 ND Department of Emergency Services State Homeland Security Grant.
12. Bid award to Q3 Contracting for a 3-year contract for concrete utility cuts restoration (RFP19018).
13. Bid award to Kinetic Leasing in the amount of $36,520.00 per year for one rear load refuse truck (RFP18149).
14. Bid award to Valley Green and Associates for Landscape Maintenance Services (RFP19075).
15. Change Order No. 2 for a time extension to 8/30/19 for Project No. SN-18-C2.
16. Bid awards to Fargo Electric in the amount of $143,494.00 for Project No. SL-19-A1 and Fox Underground, Inc. in the amount of $788,540.00 for Project No. UR-19-A1.
17. Bid advertisement for Project Nos. FM-15-J (Phase 2) and PR-19-C.
18. Bid award to CC Steel, LLC in the amount of $954,750.00 for raw water valve improvements for Project No. WA1951.
19. Change Order No. 3 for an increase of $427,492.82 for Improvement District No. DN-18-A1.
20. Adopt Resolutions Approving the following Plats:
a. Lenthe’s First Addition (Attachment “A”).
b. Inland Truck Parts Company 2nd Addition (Attachment “B”).
21. Contract and bond for Project No. TR-19-A1.
22. Bills in the amount of $6,739,133.01.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Change Order No. 3 for a Time Extension for Improvement District No. BN-18-K1:
Commissioner Grindberg moved Change Order No. 3 for a time extension to May 8, 2019 for Improvement District No. BN-18-K1 be approved.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Change Order No. 4 for Improvement District No. NR-17-B1 Approved:
Commissioner Grindberg moved Change Order No. 4 for an increase of $157,709.00 Improvement District No. NR-17-B1 be approved.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
No Protests Received for Street Lighting and Incidentals Improvement District No. SL-19-E1:
The Statutory Resolution of Necessity for the construction of Street Lighting and Incidentals Improvement District No. SL-19-E1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on
April 1 and 8, 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 Street Lighting and Incidentals Improvement District No. SL-19-E1.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Bids Received for Street Lighting and Incidentals Improvement District No. SL-19-E1:
The bids for Street Lighting and Incidentals Improvement District No. SL-19-E1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., May 1, 2019 and the bids were found to be as follows:
Fargo Electric Construction, Inc. Fargo, ND
Bid: $138,904.00
Moorhead Electric, Inc. Fargo, ND
Bid: $144,723.25
Strata Corporation Grand Forks, ND
Bid: $298,362.50
Contract for Street Lighting and Incidentals Improvement District No. SL-19-E1 Awarded to Fargo Electric Construction, Inc. in the Amount of $138,904.00:
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 Street Lighting and Incidentals Improvement District No. SL-19-E1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids May 1, 2019 for Street Lighting and Incidentals Improvement District
No. SL-19-E1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Street Lighting and Incidentals Improvement District No. SL-19-E1 shows the bid of Fargo Electric Construction, Inc. of Fargo, North Dakota, in the sum of $138,904.00 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 Fargo Electric Construction in the sum of $138,904.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Street Lighting and Incidentals Improvement District No. SL-19-E1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Fargo Electric Construction, Inc. for the sum of $138,904.00, 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 Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
No Protests Received for Traffic Signal Improvements and Incidentals Improvement District No. TN-19-A1:
The Statutory Resolution of Necessity for the construction of Traffic Signal Improvements and Incidentals Improvement District No. TN-19-A1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on April 1 and 8, 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 Traffic Signal Improvements and Incidentals Improvement District No. TN-19-A1.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Bids Received for Traffic Signal Improvements and Incidentals Improvement District No. TN-19-A1:
The bids for Traffic Signal Improvements and Incidentals Improvement District No. TN-19-A1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m.,
May 1, 2019 and the bids were found to be as follows:
Moorhead Electric, Inc. Fargo, ND
Bid: $279,966.75
Strata Corporation Grand Forks, ND
Bid: $358,414.70
Contract for Traffic Signal Improvements and Incidentals Improvement District No. TN-19-A1 Awarded to Moorhead Electric, Inc. in the Amount of $279,966.75:
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 Traffic Signal Improvements and Incidentals Improvement District
No. TN-19-A1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received May 1, 2019 for Traffic Signal Improvements and Incidentals Improvement District No. TN-19-A1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Traffic Signal Improvements and Incidentals Improvement District No. TN-19-A1 shows the bid of Moorhead Electric, Inc. of Fargo, North Dakota, in the sum of $279,966.75 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 Moorhead Electric in the sum of $279,966.75 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Traffic Signal Improvements and Incidentals Improvement District No. TN-19-A1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Moorhead Electric for the sum of $279,966.75, 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 Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Pavement and Incidentals Improvement District No. BN-19-F (Eagle Valley 3rd Addition):
Commissioner Grindberg moved the following action be taken in connection with Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Pavement and Incidentals Improvement District No. BN-19-F:
Adopt Resolution Creating Improvement District No. BN-19-F:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BN-19-F in the City of Fargo, North Dakota, be created
On 23rd Street South from 73rd Avenue South to 76th Avenue South.
On 24th Street South from Eagle Valley Drive South to 74th Avenue South.
On Eagle Valley Drive South from 24th Street South to 23rd Street South.
On 74th Avenue South from 25th Street South to 23rd Street South.
Along 25th Street South from 73rd Avenue South to 76th Avenue South.
COMPRISING:
Lots 8 through 9 and Lot 20, Block 5.
Lots 1 through 2, Block 7.
All in Eagle Valley Addition.
Lots 1 through 14, Block 1.
Lots 1 through 15, Block 2.
All in Eagle Valley Third Addition.
A Replat of Lot 1, Block 6, Eagle Valley Addition.
A 300’ strip of un-platted land in the Southeast Quarter of Section 11, Township 139 North and Range 49 West, located outside the corporate limits of the City of Fargo.
All of the foregoing, unless mentioned, is located in the City of Fargo, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Pavement and Incidentals Improvement District No. BN-19-F 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. BN-19-F:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-19-F in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $2,015,360.53.)
Order Plans and Specifications for Improvement District No. BN-19-F:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BN-19-F in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-19-F:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-19-F 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. BN-19-F 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 Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Pavement 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 Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Pavement and Incidentals Improvement District No. BN-19-F 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 Sanitary Sewer, Water Main, Storm Sewer, Site Grading, Concrete Curb and Gutter, Asphalt Pavement and Incidentals must be in writing and must be filed with the City Auditor's Office within fifteen 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. BN-19-F:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BN-19-F in the City of Fargo, North Dakota.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Street Lighting and Incidentals Improvement District No. SL-19-B (Various Locations in North Fargo):
Commissioner Grindberg moved the following action be taken in connection with Street Lighting and Incidentals Improvement District No. SL-19-B:
Adopt Resolution Creating Improvement District No. SL-19-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. SL-19-B in the City of Fargo, North Dakota, be created
19th Avenue North to 29th Avenue North and between Broadway North and Evergreen Road North.
COMPRISING:
All property located within the area bordered:
Bound on the West by Broadway North.
Bound on the North Mid-Block 29th and 28th Avenue North.
Bound on the North Mid-Block Broadway to 3rd Street North.
Bound on the North Mid-Block 27th and 26th Avenue North.
Bound on the North Mid-Block 3rd Street North to Elm Street North.
Bound on the North Mid-Block 28th Avenue North and North Woodcrest Street.
Bound on the East 300’ of Evergreen Road North.
Bound on the South Mid-Block 20th and 19th Avenue North.
Lots 1 through 8, Block 1.
Lots 1 through 17, Block 2.
Lots 1 through 16, Block 3.
Lots 1 through 20, Block 4.
Lots 1 through 16, Block 5.
Lots 1 through 6, Block 6.
Lots 1 through 8, Block 7.
Lots 1 through 3, Block 8.
Lot 1, Block 9.
Lot 1, Block 10.
Oral A. Holm Addition.
Lots 1 through 8, Block 1.
Lots 1 through 10, Block 2.
Lot 1, Block 3.
Lots 1 through 17, Block 4.
Lots 1 through 8, Block 5.
Minnie Hector Smith Addition.
Lots 1 through 22, Block 1.
Lots 1 through 22, Block 2.
Lots 1 through 24, Block 3.
Lots 1 through 24, Block 4.
Lots 1 through 24, Block 5.
Lots 1 through 26, Block 6.
Lots 1 through 14, Block 7.
Lot 1, Block 8.
North Park Addition.
Lots 1 through 8, Block 1.
Lots 1 through 17, Block 2.
Lots 1 through 16, Block 3.
Lots 1 through 34, Block 4.
Lots 1 through 8, Block 5.
Lots 1 through 17, Block 6.
Louise S. Newman Addition.
Lots 1 through 13, Block 1.
Longfellow Park Addition.
Lots 1 through 34, Block 1.
Lots 1 through 34, Block 2.
Halland-Newman Addition.
Lots 1 through 16, Block 1.
Lots 1 through 15, Block 2.
Lot 1, Block 3.
Halland-Newman Second Addition.
Lots 1 through 9, Block 1.
Lots 1 through 22, Block 2.
Lots 1 through 12, Block 3.
Lots 1 and 2, Block 4.
Lots 1 through 4, Block 5.
Lots 1 through 13, Block 6.
Woodcrest Addition.
Lots 1 through 10, Block 7.
Lots 1 through 26, Block 8.
Lots 1 through 18, Block 9.
Lots 1 through 9, Block 10.
Lots 1 through 23, Block 11.
Lots 1 through 6, Block 12.
Woodcrest Second Addition.
Unplatted portion in S.W. 1/4 SECTION 29, TPW 140N, 48W 29.
Platted portion of the unplatted portion of S.E 1/4 OF SECTION 30, TWP 140N, 48W 30.
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-B 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-B:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. SL-19-B 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 $1,127,167.63.)
Order Plans and Specifications for Improvement District No. SL-19-B:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. SL-19-B in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. SL-19-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. SL-19-B 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-B 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-B 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-B:
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-B in the City of Fargo, North Dakota.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Contract for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-19-G1 Approved:
Commissioner Grindberg moved the Contract between the City of Fargo and Northern Improvement Company for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-19-G1 in the City of Fargo, North Dakota, be approved.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Contract Bond for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-19-G1 Approved:
Commissioner Grindberg moved the following described Contract Bond be approved as to sufficiency:
Western Surety Company, in the amount of $2,099,564.05, for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-19-G1 in the City of Fargo, North Dakota.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Contract for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-19-F1 Approved:
Commissioner Grindberg moved the Contract between the City of Fargo and FM Asphalt, LLC for Asphalt Mill and Overlay and Incidentals Improvement District
No. PR-19-F1 in the City of Fargo, North Dakota, be approved.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Contract Bond for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-19-F1 Approved:
Commissioner Grindberg moved the following described Contract Bond be approved as to sufficiency:
Farmington Casualty Company, in the amount of $1,551,626.10, for Asphalt Mill and Overlay and Incidentals Improvement District No. PR-19-F1 in the City of Fargo, North Dakota.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Water Utility State Revolving Fund Loan Project List Received and Filed:
Water Utility Director Troy Hall stated that to fulfill a federal requirement for a Water Utility State Revolving Fund (SRF) Loan he will outline the project called “Fargo Water Supply and Treatment Improvement Project.” The new loan is budget neutral, he said, and the total debt service will be about the same as it was in 2015, with several projects being pulled together in the $24 million loan to keep the financing simple. He said the project list includes the New Downtown Water Tower, Drain 27 Conveyance Improvements, Lime Softening Water Treatment Plant (LSWTP), Crypto Compliance Improvements, Water Treatment Plant Ozone Improvements and Water Treatment Plant Phase 2 Improvements. He said the Water Treatment Plant is about 20 years old so some fix-it projects are necessary and the Ozone improvements will occur in three phases.
In response to a question from Commissioner Piepkorn asking about the savings benefit from reconfiguring some of the lines, Mr. Hall said costs are still being assessed; however, customers have been getting reverse osmosis water since September through the new plant. He said finished water has not been sent out of the new plant yet; however, each month there is savings over the past and it appears to be over six figures in cost savings.
Mayor Mahoney said the pipe change resulted in changes in cost and chemicals and the taste of the water is still wonderful.
Mr. Hall said technology in the new plant has helped when monitoring source water as evidenced during the flood. He said there was a time when switching to the Sheyenne River would have been considered due to taste and odor compounds; however, since the data was available showing the Red River was fine, no change was made. He said when water is high there is much more sediment which really affects the pretreatment process. It is much softer water, too, he said, since it is diluted down with runoff and requires adjustments to the plant to achieve the desired water.
Commissioner Gehrig moved the Water Utility State Revolving Fund Loan Project List be received and filed.
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.
Purchase of the Land under the Island Park Ramp and Necessary Budget Increase Approved: Closure of the C-1 Tax Increment Financing (TIF) District Beginning in the 2020 Tax Year Approved:
The Board received a communication from Director of Strategic Planning and Research Jim Gilmour, stating Bank of the West and Wells Fargo have proposed that the purchase price for the land under the Island Park Ramp be priced at $20.00 a square foot or $870,000.00. The previous City-ordered appraisal was $16.75 a square foot, he said, which is $728,625.00, and City Assessor Ben Hushka reviewed the appraisal and did not see any reasons for concern. The Finance Committee recommended that the budget for the land purchase be increased to $870,000.00, he said, and the City Commission approve purchase agreements with Bank of the West and Wells Fargo for $20.00 a square foot. He said previously approved budgets for the C-1 Tax Increment Financing (TIF) District included purchase of the land under the Island Park Ramp and restoration work to the Island Park Ramp and GTC parking garage. TIF revenue for the 2019 tax year will increase available money for these activities to $1.9 million, he said, and the Finance Committee is recommending that the budget for the GTC restoration work increase to $665,638.00. After the purchase of the land is complete, he said, the City is required to end the C-1 TIF District beginning in the 2020 tax year.
He said with the closeout of the TIF, starting in the 2021 budget year, the Fargo School District would receive approximately $143,000.00, the City $47,000.00, Cass County $44,000.00 and the Park District $25,000.00.
In response to a question from Commissioner Gehrig asking if the City is obligated to purchase the land under the parking ramp, Mr. Gilmour said it is in the agreement that it must be purchased in 2019.
In response to a question from Commissioner Strand asking why the purchase price was the last thing determined rather than having done it up front, Mr. Gilmour said there were limited funds available when the ramp was built so the decision was made to lease the land for 25 years at no cost and then pay market value when the bonds for the construction of the ramp were paid off.
Commissioner Grindberg moved the purchase of the land under the Island Park Ramp and necessary budget increases for the land and GTC renovations and the closure of the C-1 TIF District beginning in the 2020 tax year be approved.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioners being absent and none voting nay, the motion was declared carried.
Hearing on an Application for a Zoning Change for Bentley Place First Addition Withdrawn (5570 32nd Avenue South):
A Hearing had been set for this day and hour on the application to consider approval or denial of an application requesting a Zoning Change to repeal and re-establish a C-O Conditional Overlay on Lot 4, Block 1, Bentley Place First Addition; however, the application has been withdrawn.
Petition Requesting the Rezoning of Parcels of Land in BLU Water Creek Third Addition Denied (4504 32nd Avenue South):
At a Hearing held on April 2, 2019 the Fargo Planning Commission recommended denial of a request to repeal and reestablish a C-O, Conditional Overlay on Lot 1, Block 1 BLU Water Creek Third Addition.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said the request is to allow off-premise advertising signs, which are currently prohibited by the existing Conditional Overlay. He shared a photo simulation of the proposed billboard placement. He said the City of Fargo has many Conditional Overlays along arterial roadways south of I-29 that prohibit off-premise advertising and as development along corridors in the southwest area of Fargo began, including 45th Street, 32nd Avenue, 52nd Avenue and Veterans Boulevard, many of these areas were intended for commercial or mixed use development and zoned with Conditional Overlays establishing design standards and prohibiting off-premise advertising. The intent of the prohibition along the corridors, he said, was to not replicate the many off-premise advertising billboards found on Main Avenue or University Drive South. Approving the application would establish a precedent on how these corridors will develop, he said, and it is likely additional applications will be submitted to make similar requests.
In response to a question from Commissioner Strand asking why the request is outside the acceptable range of the sign changes that have happened over the years, Mr. Kress said there are still places to put billboards even if not placed on this stretch of I-29 and adjacent corridors. He said this has to do with the intended look and the idea that a lot of high intensity advertising right along those corridors demanding attention is not the look favored by those original Conditional Overlays.
Mayor Mahoney said the Planning Commission worked on this with the sign industry and the decision was made that rather than having this like Main Avenue where there are numerous billboards, there would be a change. He said denying this reaffirms that decision and the Commission has been strong in not allowing more.
Commissioner Piepkorn said the work of the sign committee went for a couple years. He said driving that corridor is noticeably different from the rest of the City. He said while some signage was allowed around Scheel’s Arena due to the events there, there was reluctance to have additional signage.
Commissioner Piepkorn moved the request for a zoning change to repeal and re-establish a C-O, Conditional Overlay on Lot 1, Block 1, BLU Water Creek Third Addition be denied.
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.
Petition Requesting the Rezoning of Parcels of Land in Timber Creek Eighth Addition Denied (5131 Prosperity Way South):
At a Hearing held on April 2, 2019 the Fargo Planning Commission recommended denial of a request to repeal and reestablish a C-O, Conditional Overlay on Lot 2, Block 1, Timber Creek Eighth Addition.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said the applicant wants to remove the existing Conditional Overlay. He shared photo simulations obtained from the applicant that show a 35-foot high sign with two digital sign faces facing east and west. He said staff recommended denial of the request at the April 2, 2019 Fargo Planning Commission meeting with a unanimous vote of 11-0. He said the basis for denial is that the proposed modification would be opposed to the original intent of the Conditional Overlay.
Commissioner Piepkorn moved the request for a zoning change to repeal and re-establish a C-O, Conditional Overlay on Lot 2, Block 1, Timber Creek Eighth Addition be denied.
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.
Parcels of Land in Fred C. Hagen Addition Rezoned (200, 310 and 430 4th Street South):
At a Hearing held on April 2, 2019 the Fargo Planning Commission recommended approval of a change in zoning from SR-2, Single Dwelling Residential and AG, Agricultural to P/I, Public/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 this is in the area of Dike East, Dike West and the lift station. He said applicants are the Park District and City of Fargo due to the current SR-2, Single Dwelling Residential not being appropriate for the location. The P/I, Public/Institution zoning is appropriate, he said, and the C-O Conditional Overlay restricts the land uses to what is currently there.
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.
Second by Strand. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Strand, Piepkorn, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
Extension of a City of Fargo Bank Loan with Wells Fargo for the FM Diversion Approved:
The Board received a communication from Finance Director Kent Costin stating the City and Cass County have existing loans outstanding with Wells Fargo to fund the FM Diversion project costs. He said each entity has a $100 million loan authorization and the County has drawn all of its loan funds, while the City has drawn $50,250,000.00 of its loan authorization. These loans have a maturity date of July 31, 2019, he said, and the Finance teams from Cass County and the City have requested renewal terms to extend these loans for a two-year period with similar terms and conditions. He said the FM Diversion Authority approved the full 2019 budget last month and land acquisitions are a major component of the budget that need to precede the construction of the FM Diversion project. He said the City anticipates the need to utilize loan proceeds within the next two-years as the project progresses.
John Shockley, FM Diversion Authority Attorney, reviewed the terms and conditions of the loan. The relationship with Wells Fargo began in 2016 with the first series of temporary financing loans, which were renewed in 2017, he said, and this proposal is to renew it for an additional two-year period. The current interest rate will be variable, he said, and based on the Libor interest rate, consistent with prior loan documents and somewhat better than last time around, about 2.39 percent. The loans are based on sales tax revenues, he said, they are not a general obligation of the City, so Wells Fargo only has the ability to collect sales taxes pledged to the City. Once the project is fully rolling and the financing plan is finalized, he said, these will be rolled over into permanent obligations. He said if WIFIA (Water Infrastructure Finance and Innovation Act) financing is available, it could be rolled into a long-term loan. If a WIFIA loan is not available, he said, the intent would be to roll the debt into permanent sales tax bonds with as long of a term as possible to lower the annual debt service payment.
In response to a question from Commissioner Gehrig asking if the extension is not granted would that mean there would not be access to the additional $49 million of temporary financing, Mr. Shockley said if the terms were not extended it would be necessary to finance the $50 million that has been drawn. He said it is a temporary, revolving line of credit with some flexibility built in and there is an end date due to two years being a long time in the credit world for a temporary obligation. Over the next 60 to 90 days, he said, some time will be taken for analysis of the financial plan. During the first part of this year the amount of funding available has increased by $480 million, he said, $300 million from the federal side and $180 million from the State of North Dakota. Currently the Minnesota Legislature is still in session with a bill still in progress, so that will not be known until the end of the session. He said the financial plan will be worked and appropriate adjustments made to come up with a solution on how to get the P3 portion of the project bid out. He said recommencing procurement of the P3 later this year with the intent of getting bids next year on the P3 portion and a Notice to Proceed with Construction sometime in the later part of 2020.
Commissioner Grindberg moved the extension of a City of Fargo bank loan with Wells Fargo for the FM Diversion for a two-year period using similar terms and conditions be approved.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay the motion was declared carried.
(Commissioner Gehrig absent).
Civic Plaza Contextual Planning and Landscape Master Plan Presentation:
The Board received a communication from Planning Director Nicole Crutchfield stating the City Commission approved a contract with Bishop Land Design, LCC (BLD) to provide professional services for contextual and site programming services for the Fargo Civic Plaza. She said Scott Bishop has studied the area for future design and development and his work included several stakeholder interviews, public meetings, a public survey and integrated work with the Performing Arts Center Taskforce. As a result of this work, Mr. Bishop has compiled a final report, she said, and will present further analysis of the plaza, primarily connecting the vision from the Downtown InFocus plan and the work he has conducted over the past five months.
Mr. Bishop shared a presentation highlighting the vision of a Civic Plaza. He said it is important to be sure the space being looked at is capable of being a civic plaza, understanding scale, programmatic flexibility, seasonality and civic expression. Challenges in Fargo are related to the river morphology and the ancient glacial lake that was once here, he said, and some of those challenges will be part of how the space is managed. The functionality is achieved by bringing living and static things together, he said, including storm water management. He said the space is complex, both from a natural course and a utilities standpoint and in addition, things that influence the space include existing conditions, warm and cool spots, shadows and wind. He shared ideas of an expanded network connecting to Broadway and the riverfront. One option, he said, is a broad connection and a secondary connection to the riverfront and Moorhead with a bike and walk lift bridge. Second Avenue plays a key role in connecting Block 9 to the Civic Plaza, he said, with either a reduced roadway or a shared use corridor, referred to as a woonerf, a word that means cars and people share space, not necessarily at the same time. Permanent kiosks or micro retail spaces on 2nd Avenue can allow business start-ups and, he said, could help activate 2nd Avenue. The goal on 4th Street would be to calm traffic, bring the plaza out slightly onto the road profile, and allow the enhancements of the Downtown Plan, such as capturing storm water. It now appears the Civic Center site may be the option chosen by the Performing Arts Taskforce, he said, and what that may mean for the plaza is still being considered, with that area having a true connection to the Skyway and 2nd Avenue. He said not many people access the river and it would be important to see that folks take advantage of that resource. Survey questions included how often people are Downtown, transportation, events, character of Fargo, what a plaza should be, environment, materials, features, ecological components and activities. A key component is Luis Jiménez’ first public commission sculpture “Sodbuster,” he said, which is a large 24-foot sculpture commissioned by the City in 1977 and an icon for Fargo, valued at about a half million dollars. He said “Sodbuster” had damage and the Plains Art Museum put the sculpture into conservation through a grant and that work has taken place over the past three years and is now complete and ready to be placed within the Civic Plaza. Therefore, to honor the commitment of the grant, a plan needs to be formulated of how to place it; he said, with the timeframe to place by late September. It will need to be lit, ADA accessible and protected from the harsh environment, he said, and an interpretation of the artist’s wishes will come by Susan Jiménez, the spouse, since the artist has passed.
In response to a question from Commissioner Piepkorn about needing to keep “Sodbuster” out of the sun, Mr. Bishop said the restoration work added a level of protection not on the original work. He said if it were in the middle of a parking lot it would be fully exposed at all times of day, which would be a harsher environment than on a plaza and set back in a softscape or having some trees or a building protecting it. He said the proposed location by the Library is a shady spot.
In response to a question from Commissioner Strand about whether placing the art out in the elements is the best choice, Plains Art Museum Director Andy Maus said part of the reason the sculpture deteriorated is that it was the artist’s first public commission. He said all the trial and error has been corrected by McKay Lodge Conservation, so it can exist in its natural state as the artist intended. The original timeline was for placement last fall, he said; however, a year extension was granted from the Institute of Museum and Library Services, so the current timeline is this calendar year.
In response to a question from Commissioner Strand about what will be done with the Ten Commandments monument on the plaza and whether it has been part of the dialogue, City Attorney Erik Johnson said there is an Ordinance that says any monument that has been in place in the City for 40 years or longer is to remain in the same place. The Ordinance was drafted in response to the last controversy over the Ten Commandments monument, he said, so that will need to be part of the conversation.
Ms. Crutchfield said the intent of this presentation is to ensure the Board is part of the conversation, for dialogue and public awareness. She said moving ahead, suggestions for technical documents will come back for placing “Sodbuster,” as well as understanding the conceptual design.
In response to a question from Commissioner Piepkorn about how all the different aspects that need to be incorporated will be accomplished, Mr. Bishop said combining the conceptual plaza design, the bridge design and “Sodbuster” will help coordinate everything. He said it would be unfortunate to design all these things in a bubble; they are obviously in the same space. He said the design concepts could be tied together, and then budget execution and the timeline could be discussed. He said tying it all together is key to success.
Commissioner Piepkorn said having the sculpture near the Public Library offers an opportunity for a story telling explanation about the how special that very valuable piece is. Commissioner Strand said it is something to denote that the City of Fargo originally purchased this art. He said this is placemaking, investment and culture enhancement and the City leaders from that time need to be commended and thanked for the example of how to do this, that it can be wise and prudent and can create a better future. He said there needs to be more art, a whole plaza and city full of art; however, this is a good start.
Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, May 20, 2019.
Second by Grindberg. All the Commissioners present voted aye and the motion was declared carried.
The time at adjournment was 6:20 o’clock p.m.