Fargo City Commission - February 24, 2020 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., Monday, February 24, 2020.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: the Police Department Honor Guard conducted a flag-lowering ceremony last week in memory of Officer Jason Moszer; Fargo Cass Public Health will offer the Shingrix vaccine February 28th; Inspections personnel will attend training that, in conjunction with the building code, includes updated accessibility standards; Library programs include Crafternoon and Teen Time sessions, History Book Club, a series on foreign language film classics, Seusstastic Day, Project English, Design-A-Bookmark Contest, the Northern Narratives writing project and the Winter Read-a-Thon; Fargo and Cass County are actively monitoring forecasts and conditions in anticipation of a potential spring flood event, residents can use the City’s interactive flood stage map at FargoND.gov/floodmap to determine potential property impacts at various river stages and residents are encouraged to consider purchasing flood insurance soon due to the 30-day delay before a policy goes into effect.

Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved withdrawing Item No. “6” from the Consent Agenda.

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

Minutes Approved:
Commissioner Piepkorn moved that the Minutes of the Regular Meeting of the Board held on February 10, 2020 be approved as read.
Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.

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

1. Applications for Games of Chance:
a. North Central Turfgrass Association for a raffle on 2/26/20.
b. Gigi’s Playhouse Fargo for a raffle on 3/6/20; Public Spirited Resolution.
c. St. Joseph’s School for a raffle on 3/21/20.
d. St. Mary’s Cathedral for a raffle on 5/3/20.

2. Negative Final Balancing Change Order No. 2 in the amount of -$576.00 for Project No. TP-19-B1.

3. Settlement Agreement and Mutual Release of Claims (Amendment No. 1) with Master Construction Co., Inc.

4. Bid award to Quantum Spatial in the amount of $234,230.00 for Professional Services for Project No. MS-19-H1.

5. Receive and file a report of City investment holdings as of 12/31/19.

6. Mural Agreement with Catie Miller (this item was withdrawn).

7. Amendment to Purchase of Service Agreement with ND Department of Human Services for mobile outreach program.

8. Memorandum of Understanding with Sanford Medical Center Fargo.

9. Resolution Approving Plat of Progressive Retail Center Addition (Attachment “A”).

10. Proposal from Rebuilding Together for the redevelopment of 1015, 1019, 1023 and 1027 13th Avenue South.

11. Request for Bids for Public Facility Improvements at the Gladys Ray Homeless Shelter.

12. Resolution Establishing Application and Approval Process and Eligibility Criteria for Civil Asset Forfeiture (Attachment “B”).

13. Application for Appropriation from Civil Asset Forfeiture Fund for a two-year subscription to tip411.

14. Application for Appropriation from Civil Asset Forfeiture Fund for Fargo Police Department Crimes against Children Unit Evidence Storage Server.

15. Bid award for aggregate materials, concrete, asphalt and emulsified asphalt (RFP20012).

16. License Agreement with the Park District of the City of Fargo (primitive trail).

17. License Agreement with the Park District of the City of Fargo (biking trail).

18. Bid award to Northdale Oil in the amount of $651,870.00 for fuel purchase for the 3rd and 4th quarters of 2020 (RFV20010).

19. Amendment to Contract No. 38180972A with the NDDOT.

20. Contract and bond for Project No. UR-19-E1.

21. Bills in the amount of $9,320,120.80.

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

Change Order Nos. 15 and 16 for Improvement District No. BR-18-A1 Approved:
Commissioner Strand moved Change Order Nos. 15 and 16 for an increase of $27,597.51 for Improvement District No. BR-18-A1 be approved.

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

Joint Powers Agreement with Cass Rural Water Users District for the 64th Avenue South Water Main Approved (Improvement District No. BN-20-C1):
The Board received a communication from the Public Works Projects Evaluation Committee stating the City is working on the urbanization design of 64th Avenue South between 25th and 33rd Streets. They said the existing 16-inch water main installed in 2007 was placed within the 33-foot statutory right of way and funded by Cass Rural Water Users District. With the urbanization of 64th Avenue South, they said, the existing water main is in conflict with the proposed structures in multiple locations and in discussions with Cass Rural Water staff, it was determined the best alternative would be to relocate the existing water main further to the north within the newly acquired right of way.

Commissioner Strand moved the Joint Powers Agreement with Cass Rural Water Users District for the 64th Avenue South water main be approved.

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

No Protests Received for Sanitary Sewer, Water Main, Storm Sewer, Street Reconstruction and Incidentals Improvement District No. BR-20-C1:
The Statutory Resolution of Necessity for the construction of Sanitary Sewer, Water Main, Storm Sewer, Street Reconstruction and Incidentals Improvement District No. BR-20-C1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on January 20 and 27, 2020 and no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Strand moved that the Board declare that no protests have been filed to the construction of Sanitary Sewer, Water Main, Storm Sewer, Street Reconstruction and Incidentals Improvement District No. BR-20-C1.

Second by Grindberg. On call of the roll Commissioners Strand, Grindberg, Gehrig, Piepkorn 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, Street Reconstruction and Incidentals Improvement District No. BR-20-C1:
The bids for Sanitary Sewer, Water Main, Storm Sewer, Street Reconstruction and Incidentals Improvement District No. BR-20-C1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., February 19, 2020 and the bids were found to be as follows:

KPH, Inc. Fargo, ND
Bid: $2,492,014.65

Dakota Underground Company, Inc. Fargo, ND
Bid: $2,514,519.44

Contract for Sanitary Sewer, Water Main, Storm Sewer, Street Reconstruction and Incidentals Improvement District No. BR-20-C1 Awarded to KPH, Inc. in the Amount of $2,492,014.65:
Commissioner Strand 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, Street Reconstruction and Incidentals Improvement District No. BR-20-C1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received February 19, 2020 for Sanitary Sewer, Water Main, Storm Sewer, Street Reconstruction and Incidentals Improvement District
No. BR-20-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, Street Reconstruction and Incidentals Improvement District No. BR-20-C1 shows the bid of KPH, Inc. of Fargo, North Dakota, in the sum of $2,492,014.65 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 KPH, Inc. in the sum of $2,492,014.65 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Sanitary Sewer, Water Main, Storm Sewer, Street Reconstruction and Incidentals Improvement District
No. BR-20-C1 in the City of Fargo, North Dakota, be and the same is hereby awarded to KPH, Inc. for the sum of $2,492,014.65, 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 Strand, Grindberg, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Water Main Replacement, Street Reconstruction, Asphalt Mill and Overlay and Incidentals Improvement District No. BR-20-E1: Protests Received and Declared Insufficient:
The Statutory Resolution of Necessity for the construction of Water Main Replacement, Street Reconstruction, Asphalt Mill and Overlay and Incidentals Improvement District No. BR-20-E1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on January 20
and 27, 2020 and protests representing less than 1 percent of the legal protest area have been received and filed in the office of the City Auditor within the legal protest period.

Commissioner Strand moved the protests be received and filed and declared insufficient.

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

Bids Received for Water Main Replacement, Street Reconstruction, Asphalt Mill and Overlay and Incidentals Improvement District No. BR-20-E1:
The bids for Water Main Replacement, Street Reconstruction, Asphalt Mill and Overlay and Incidentals Improvement District No. BR-20-E1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., February 19, 2020 and the bids were found to be as follows:

Northern Improvement Company Fargo, ND
Bid: $1,754,601.35

Border States Paving, Inc. Fargo, ND
Bid: $1,769,655.10

Dakota Underground Company Fargo, ND
Bid: $1,777,242.32

KPH, Inc. Fargo, ND
Bid: $1,785,109.50

Contract for Water Main Replacement, Street Reconstruction, Asphalt Mill and Overlay and Incidentals Improvement District No. BR-20-E1 Awarded to Northern Improvement Company in the Amount of $1,754,601.35:
Commissioner Strand offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Water Main Replacement, Street Reconstruction, Asphalt Mill and Overlay and Incidentals Improvement District No. BR-20-E1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received February 19, 2020 for Water Main Replacement, Street Reconstruction, Asphalt Mill and Overlay and Incidentals Improvement District
No. BR-20-E1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Water Main Replacement, Street Reconstruction, Asphalt Mill and Overlay and Incidentals Improvement District No. BR-20-E1 shows the bid of Northern Improvement Company of Fargo, North Dakota, in the sum of $1,754,601.35 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Northern Improvement Company in the sum of $1,754,601.35 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Water Main Replacement, Street Reconstruction, Asphalt Mill and Overlay and Incidentals Improvement District
No. BR-20-E1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Northern Improvement Company for the sum of $1,754,601.35, 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.

Asphalt Mill and Overlay and Incidentals Improvement District No. PR-20-E (Various Locations):
Commissioner Strand moved the following action be taken in connection with Asphalt Mill and Overlay and Incidentals Improvement District No. PR-20-E:

Adopt Resolution Creating Improvement District No. PR-20-E:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. PR-20-E in the City of Fargo, North Dakota, be created

LOCATION (Section 1):
On Elm Street North from Kandi Lane to 12th Avenue North.

LOCATION (Section 2):
On 26th Avenue North from Elm Street North to 241’ west of 3rd Street North.
On 27th Avenue North from Elm Street North to 241’ west of 3rd Street North.
On 2nd Street North from 25th Avenue North to 28th Avenue North.
On 3rd Street North from 25th Avenue North to 28th Avenue North.

LOCATION (Section 3):
On Kirsten Lane South from 25th Street South to 27th Street South.
On 33rd Avenue South from 25th Street South to 27th Street South.
On 33 ½ Avenue South from 27th Street South to 28th Street South.
On 34th Avenue South from 25th Street South to 32nd Street South.
On Dakota Park Circle South from 34th Avenue South to 32nd Street South.
On 35th Avenue South from 28th Street South to 32nd Street South.
On 35 ½ Avenue South from 28th Street South to 32nd Street South.
On 35 ½ Court Avenue South from 28th Street South to 32nd Street South.
On Ruth Drive South from Kirsten Lane South to 33rd Avenue South.
On 27th Street South from 32nd Avenue South to 34th Avenue South.
On 28th Street South from 32nd Avenue South to 36th Avenue South.
On 29th Street South from 35th Avenue South to 35 ½ Avenue South.
On 30th Street South north of 35 ½ Avenue South.
On 31st Street South from 35th Avenue South to 35 ½ Avenue South.

LOCATION (Section 4):
On Copperfield Court South south of 40th Avenue South.
On Oakcreek Drive South off of 44th Avenue South.
On 44th Avenue South from 25th Street South to Oakcreek Drive South.

COMPRISING (Section 1):
Bound on the north by the Red River of the North.
Bound on the east by the Red River of the North.
Bound on the south by 12th Avenue North the Red River of the North to 3rd Street North.
Bound on the west by 3rd Street North from 12th Avenue North to 32nd Avenue North. Then north on Cherry Lane North from 32nd Avenue North to 35th Avenue North. Then north along the west lot line of Lot 21, Block 1 of
Van Raden’s 4th Addition. Then north through unplatted land to the Red River of the North.

COMPRISING (Section 2):
Lot 4, Block 1.
Lots 1 and 7, Block 2.
Lot 1, Block 3.
All in Edgewood 1st Addition.

Lots 1 and 8 through 16, Block 3.
Lots 1 and 18 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.
All in Oral A. Holm Addition.

Lot 1, Block 1, Sunrise Addition.

Lots 12 through 24, Block 5.
Lots 1 through 26, Block 6.
Lots 1 through 14, Block 7.
All in North Park Addition.

COMPRISING (Section 3):
Bound on the north by 32nd Avenue South from 25th Street South to 32nd Street South.

Bound on the east by 25th Street South from 32nd Avenue South to the SE corner of Lot 1, Block 2, Park’s 1st Addition. Then west along the Southern edge of Lots 1 through 13, Block 2, Park’s 1st Addition. Then south along the Eastern edge of Lot 1, Block 1, Mehl 2nd Addition. Then west along the Southern edge of Lot 1, Block 1, Mehl 2nd Addition. Then south along the Eastern edge of Lot 5, Block 1, Mehl/First Addition. Then west along the Southern edge of Lots 5 and 6, Block 1, Mehl/First Addition. Then south along 28th Street South to Lot 2, Block 1, Community Baptist Church Subdivision. Then east along the Northern edge of Lot 2, Block 1, Community Baptist Church Subdivision. Then south along the Eastern edge of Lot 2, Block 1, Community Baptist Church Subdivision. Then east along the Northern edge of Lot 2, Block 3, Stonebridge Farms 2nd Addition. Then South along the Eastern edge to the SE corner of Lot 2, Block 3, Stonebridge Farms 2nd Addition.

Bound on the south by 36th Avenue South from 25th Street South to 28th Street South. Then the Southern edge of Lots 1 through 16, Block 2, Stonebridge Farms 3rd Addition.

Bound on the west by 32nd Street South from 32nd Avenue South to the SW corner of Lot 11, Block 2, Dakota Park 2nd Addition. Then east along the Southern edge of Lots 10 and 11, Block 2, Dakota Park 2nd Addition. Then south along the Western edge of Lot 2, Block 1, Hunters Prairie 2nd Addition to the SW corner of Lot 4, Block 2, Hunters Prairie 2nd Addition. Then west along the Southern edge of Lot 3, Block 2, Hunters Prairie 2nd Addition. Then south along 32nd Street South to the SW corner of Lot 16, Block 2, Stonebridge Farms 3rd Addition.

COMPRISING (Section 4):
Lots 1 through 13, Block 1, Copperfield Addition.

Lots 1 through 25, Block 1.
Lots 28 through 33, Block 1.
Lots 1 through 10, Block 2.
All in Oakcreek Addition.

Lots 1 and 2, Block 1, Oakcreek Second Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Asphalt Mill and Overlay and Incidentals Improvement District No. PR-20-E in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost from the City Engineer for Improvement District No. PR-20-E:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PR-20-E in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $2,684,137.00.)

Order Plans and Specifications for Improvement District No. PR-20-E:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. PR-20-E in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. PR-20-E:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. PR-20-E in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. PR-20-E in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Asphalt Mill and Overlay and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Asphalt Mill and Overlay and Incidentals Improvement District No. PR-20-E in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Asphalt Mill and Overlay and Incidentals must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

Direct City Auditor's Office to Call for Bids for Improvement District No. PR-20-E:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. PR-20-E in the City of Fargo, North Dakota.

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

In-Lieu Payment from Prairie St. John’s for the Planting of Trees Approved:
The Board received a communication from City Forester Scott Liudahl stating Prairie St. John’s, in partnership with Shultz and Associates Architects, will soon be proceeding with construction of a new 4-story, 128 bed behavioral health facility on the southeast portion of the property. He said there are eight publicly owned street trees along 6th Avenue South (four being mature oak) proposed to be removed as part of the project. Due to site challenges and project complexities, he said, there are no options for constructing the facility in a different location and there are no options for attempting construction without removing the trees. He said options for tree mitigation were discussed with the Public Works Project Evaluation Committee, including the in-lieu planting of additional trees on-site or near the site. The Revised Chapter 19 Tree Preservation and Protection Ordinance will state how street tree impacts are consistently handled in the future, he said. In this case, he said, Forestry, Fargo Park District and Shultz and Associates Architects reviewed and discussed options and consulted with Prairie St. John’s owners and to reach an acceptable and creative agreement. He said in addition to the LDC’s requirement to plant new street trees along 6th Avenue South, Prairie St. John’s has agreed to fund 40 new trees to be planted in Island Park and the surrounding area.

Mayor Mahoney said Mr. Liudahl gave a Forestry presentation earlier today for the Commissioners and he thanked Mr. Liudahl for the updated information.

Mr. Liudahl said last October a private project impacted three public trees and through negotiations, trees were removed and a mitigation plan was put into action that became part of the Developer’s Agreement. He said before a specific tree Ordinance is in place, and in order to stay consistent with the previous process, the solution in this case is in-lieu funding for new trees.

In response to a question from Commissioner Piepkorn asking what the mix of trees is, considering some of these are very old oak trees, Mr. Liudahl said part of the 40 trees will be a mixture of oak trees along with others to match the site. He said some of the oak trees are over a hundred years old and oak is a sensitive species; however, the ones planned are two inches so a smaller plant without much of a root system to be removed in the ball and burlap process. He said given the site and soil conditions, in his experience they will establish fairly quickly.

Commissioner Piepkorn moved the in-lieu payment from Prairie St. John’s for the planting of 40 new trees in Island Park and the surrounding area to be included in the Developer’s and Right-of-Way Use Agreements 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.

Request for Tax Increment Financing for a Project Located at 703, 705 and 711 10th Avenue North Referred to Appropriate Staff for Review:
The Board received a communication from Director of Strategic Planning and Research Jim Gilmour stating that the City has received a request for Tax Increment Financing (TIF) for a proposed project at 703, 705 and 711 10th Avenue North. There is a 114-year-old house with seven apartments on one lot, he said, and the other two lots are vacant. One of the vacant lots was the site of a dangerous building action by the City, prior to it being acquired and removed by the current owner/developer, he said. The proposed project, he said, would include redevelopment of the site and demolition of the old house, followed by the construction of several buildings with townhouse-type apartments with about
22 housing units. He said the estimated construction cost of the new buildings is $5 million and the TIF request is for $535,000.00 of extraordinary costs including property acquisition, demolition and utilities. The site has blighted conditions, he said; therefore, the TIF program may be appropriate for the redevelopment of this site and the property is zoned MR-3, which allows high-density residential. TIF policy calls for the City Commission to review the request to determine if staff should proceed to work with the developer on a Renewal Plan, he said, and forward an application to the City’s financial advisers for review.

Commissioner Piepkorn said this is the initial step; however, he is concerned that there are single-family homes in the neighborhood and it is important the neighbors are aware and have an opportunity for comment.

Nate Anderson, Uptown Lofts, LLC, said they originally applied for a setback variance and surrounding neighbors were notified in that process. One respondent expressed concerns about increased traffic flow, he said. He shared an image of the area and tentative building plans for Phase 1, which is for the 703 and 705 10th Avenue North parcels, for two townhome structures with three units each. He said 711 10th Avenue North still has six tenants and the developer will be able to provide similar housing for them. The business plan is to attract families to north Fargo with a walkable distance to Sanford for employment and to the downtown, he said.

Brandon Raboin, Uptown Lofts, LLC, said the integrity and character of the area can be taken into account.

In response to a question from Mayor Mahoney on the price point for the units, Mr. Anderson said they will be for rental purposes and the current pro forma is $1,600.00 per month per unit. There are some similar units being built in the area that are being sold, he said, and this project will promote a similar type of feel.

In response to a question from Commissioner Strand about the financial breakdown for the TIF request and the statement that it is due to the acquisition of the land being above the appraised value, Mr. Raboin said that had the land been simply vacant it would have been different than having a blighted structure that had to be torn down. He said it is comparing value of connected land, which is difficult to get in north Fargo, against actual value.

Mr. Anderson said they are comparing this project to current square foot rates for this type project on the south side of town and as he understands it, this type of incentive is utilized for additional costs of procuring the land.

Mr. Gilmour said three types of activities are typically eligible for TIF’s, which were also used on the Roer’s project. The first is to help with some costs of land acquisition, second for demolition and third for public facilities into the site, he said.

In response to a question from Commissioner Strand asking whether this had an element of incentives for the neighborhood like the Roer’s project TIF, Mr. Gilmour said it does not at this point; however, it is early in the financial review.

In response to a question from Commissioner Strand asking whether the developer would do the project without TIF financing support in place, Mr. Anderson said their initial intent was to do a larger multi-family complex that would have had a better financial performance; however, the decision was to go with townhome style units in trying to keep a more residential feel while promoting somewhat higher density than it is currently. He said the answer would be “no,” the numbers do not work to do this type of mid-density project and the land would then be eyed for a larger multi-family project, either by them or another developer.

Mr. Raboin said there is a different clientele looking for a 2-bed, 1-bath apartment building compared to a 3-bed, 2-bath with a large attached garage.

Commissioner Grindberg said he supports the request to do more research and study. He said there is interest in knowing what the incentive means for affordability. His quick math at a 10 percent cap rate on their investment comes out to about $1,850.00, he said, and perhaps rent numbers could be even lower.

Harold Thompson, Roosevelt Neighborhood Association (RNA), said they have not met formally with the developer and he understands the plans are still preliminary. He said there are some details such as the small front yard setback they are interested in. The RNA favors TIFs for these types of projects, he stated; however, the RNA will want to make sure it falls within the MR-3 requirements in terms of size and scale.

Planning Director Nicole Crutchfield said the plans have not been finalized through the Planning Department. She said an application for a variance was processed and denied by the Board of Adjustment.

Mr. Thompson said there were three, single-family homes built on that site with one increased to a seven-plex over its life, which resulted in nine units that would increase to 22 units and now this feels like it is doubling in size. He said doubling it to twelve would be something more compatible to scale. He said the RNA is interested in reviewing final plans to make sure they support the scale and architecture of the neighborhood, as well as workforce housing for families. He said he does not see enough green space in the preliminary plans to support children. He said the RNA hopes the future development plans will include design goals and details that provide products that enhance the most positive characteristics for neighborhood elements and these current plans do not.

Commissioner Strand said when there is public funding his preference is to help with market rate housing and that affordable components be included. He said when a half million dollars in public involvement is requested, what does the public get? He said he feels the City needs to start requiring that. He said he is also concerned with the path of more apartments everywhere and less home ownership in general and if he were approached for a project with ownership, it may sway his view. He said $200,000.00 of the request is being described as the developer paying more than the property is worth and he does not feel that it is the public’s responsibility to help a private developer pay more for something just so they can get it. He is okay with the discussion going forward with the neighborhood; however, he said, he does not favor the use of public tax breaks and incentives.

Commissioner Gehrig said he supports the project taking old buildings and putting useful things back in. They are saying that without a TIF they would not do this project, which is pretty wide, he said, they could do something similar. He said he is glad the public is becoming more aware the City is giving tax dollars away for developers to buy overpriced land in order to keep this ball bouncing near Downtown.

Commissioner Piepkorn moved appropriate staff be directed to submit the proposal to the City’s financial advisers for review for a project located at 703, 705 and 711 10th Avenue North.

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.

Hearing on Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2020 Continued to 3/9/20:
A Hearing had been set for this day and hour to consider the City’s Section 5307 Federal Transportation Administration Grant Preliminary Program of Projects for 2020; however, the Hearing has been continued to March 9, 2020.
Commissioner Grindberg moved the hearing be continued to 5:15 o’clock p.m. on Monday, March 9, 2020.

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

Application Filed by 3 Kings Lounge LLC d/b/a 3 Kings Lounge for a Class “F” Alcoholic Beverage License Withdrawn:
A Hearing had been set for January 27, 2020 on the application filed by 3 Kings Lounge LLC d/b/a 3 Kings Lounge for a Class “F” Alcoholic Beverage License to be located at 21 18th Street South.
At the January 27, 2020 Regular Meeting the Hearing was continued to this day and hour; however, the applicant has withdrawn the application.

Application Filed by STL of North Dakota, Inc. d/b/a Target Wine and Spirits for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by STL of North Dakota, Inc. d/b/a Target Wine and Spirits for a Class "B-Limited" Alcoholic Beverage License at 4202 13th Avenue Southwest, 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.

City Auditor Steve Sprague said Target plans to add onto its existing store to accommodate a liquor store, which will not be accessible from the inside of the store and will only have an exterior entrance on the north side of the building. He said the applicant is aware of the Ordinance limitation stating the licensed premise may not be any closer than 100 feet to a grocery store, drug store or gasoline service station and has submitted designs for the store that meet that requirement.

Commissioner Piepkorn said the first meeting with Target representatives was in May of 2018 and he did not hear any negative feedback. They are abiding by the existing rules, he said, and he complimented Mr. Sprague who does the behind the scenes work and makes it look seamless. He said he personally likes local retailers; however, Target is following the rules and are good business people and will set a good example

In response to a question from Commissioner Gehrig asking about the “B-Limited” Alcoholic Beverage License, Mr. Sprague said they are created when the City grows to a certain population level. He said this license was turned back to the City and has been available for about two years. The issuance cost is $80,000.00 and is not transferable unless the business is sold, he said. It is a full liquor license, he said, so it is beer, wine and spirits.

Commissioner Piepkorn moved the application be approved.

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

Hearing on Special Assessments for Sewer Repairs on Certain Properties in the City of Fargo:
A Hearing had been set for this day and hour on the special assessments for sewer repairs on the list of properties on file in the City Auditor’s Office.
No appeals have been filed in writing against any item appearing on such special assessments list and no person is present at this Hearing to appeal or offer any objection thereto.

City Auditor Steve Sprague said annually the City has a sewer repair policy where if a property owner has to fix their sewer line, they come to the City and in certain cases, the City will pay part of that repair. He said what has been seen lately is 100% on the homeowners, with an amortization of 15 years at a 5% interest rate. The assessment roll total this year is more than$1 million, he said, and averages about $10,000.00 per property.

Commissioner Gehrig said these are the good assessments, people ask for them and are aware of it.

In response to a question from Commissioner Strand asking of these roughly 100 repairs, how many were emergency projects vs. proactive and the cost difference, Mr. Sprague said most all of them were some type of emergency sewer backup. He said in some cases, repairs are done to make sure the sewer line will not cause problems down the road such as when additional work is done at a house. Winter is more expensive due to frost charges, he said, or locations that require traffic to be diverted or shut down roadways, concrete panels vs. asphalt can affect cost as well as sewer depth. He said some areas of town have very deep sewers and old cast iron failures are being replaced with PVC with good connections to a main so it only needs to be fixed once.

In response to a question from Commissioner Strand asking whether people know these are options, Mr. Sprague said most do. He said it is important if this happens to someone to, even though it is an emergency, get a couple of different quotes as prices can vary.

Commissioner Gehrig moved the sewer repair special assessments list be approved as presented.

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

Hearing on Alley Vacation of the Alley between Lot 12, Block 26 and a Part of Lot 7 and All of Lots 8-12, Block 25, Roberts Second Addition Continued to March 9, 2020:
A Hearing had been set for August 12, 2019 on an application for the Alley Vacation of the alley between Lot 12, Block 26 and a part of Lot 7 and all of Lots 8-12, Block 25, Roberts Second Addition (1001 NP Avenue North and 28 10th Street North).
At the August 12, 2019 Regular Meeting the Hearing was continued to August 26, 2019.
At the August 26, 2019 Regular Meeting the Hearing was continued to October 21, 2019.
At the October 21, 2019 Regular Meeting the Hearing was continued to November 18, 2019.
At the November 18, 2019 Regular Meeting the Hearing was continued to December 16, 2020.
At the December 16, 2019 Regular Meeting the Hearing was continued to January 27, 2020.
At the January 27, 2020 Regular Meeting the Hearing was continued to February 10, 2020.
At the February 10, 2020 Regular Meeting the Hearing was continued to this day and hour; however, the applicant has requested the Hearing be continued to March 9, 2020.

Commissioner Grindberg moved the hearing be continued to 5:15 o’clock p.m. on Monday, March 9, 2020.

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

Appointments to the Airport Position Evaluation Committee Approved:
The Board received a communication from Mayor Mahoney stating as discussed and agreed to during mediation with the Municipal Airport Authority (MAA), an Airport Position Evaluation Committee (APEC) would be formed to determine future salaries for Airport staff. The MAA has appointed Don Kilander and Tammy Linn as its appointees, he said, and he is recommending that Fargo City Commissioner John Strand and current City of Fargo Civil Service Commission member Jane Pettinger be the City’s appointees.

Commissioner Grindberg moved the appointments of members to the Airport Position Evaluation Committee be approved, as presented.

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

Applications for Property Tax Exemptions for Improvements Made to Buildings Approved:
a. Bill J. and Denise M. Duke, 419 9th Avenue South (5 year).
a. Jean C. Voorhees, 319 Broadway North, Unit 306 (5 year).
b. DC Rehab LLC, 1146 2nd Street North (5 year).
c. Russell L. Forsman, 1202 11th Avenue North (5 year).

Commissioner Piepkorn moved the applications be approved.

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

Spring Flood Update:
Mayor Mahoney said it may seem early to get into flooding; however, part of the issue driving the flood update is that a declaration will need to be made which helps receive funding.

City Administrator Bruce Grubb said the National Weather Service (NWS) started putting out a probabilistic flood forecast at the end of January, making spring flooding a topic of conversation. He said it is appropriate to start briefing the Board on what the forecasts look like, what they mean to the City and what to consider in preparation. Fall was extremely wet and there was heavy snowfall in early winter, he said; however, the past 30-45 days have been relatively dry. He said it was decided to collaborate with Cass County this spring, particularly with respect to sandbag production. Likely, he said, some efficiencies could be gained by joining forces; however, in doing that, it is important to be cognizant of predictions on both the Red and Sheyenne Rivers. Picking a strategy and level to protect against is tricky, he said, with three of the last seven flood fights hitting the upper levels between the 10% and 5%, two of them at 50% and two at 90%. The plan is to err on the side of caution, he said, which has worked well so far and the plan is to win another one.

Division Engineer Nathan Boerboom shared a presentation highlighting data from the February 13th NWS Probabilistic Forecast, historic crests, flow at freeze-up, a table of the range for the 2020 spring flood outlook and the last seven flood events. He said Grand Forks and the entire Red River Valley has experienced one of the wettest falls and there is a lot of water in the system. He said the 2008 fall crest of 25.49 feet only surpassed the fall crest in Fargo of 23.40 feet. It is important to plan for all options, he said, and it is easy to scale back and adjust appropriately. The probabilistic forecast is what there is to plan off of today, he said, one cannot wait for the deterministic forecast to be able to plan and deploy emergency measures in a timely manner. He said in 2019 there was a perfect melt with four weeks of no precipitation, highs in the mid-forties and back to freezing at night so the water was slowly metered through the system.

Public Works Director of Operations Ben Dow reviewed the actions taken at increasing flood levels. Things get started at 16 feet when floodgates for storm sewer lift stations are closed, he said, and by 25 feet, the City is closed off to the river and 100% dependent on pumping. As the flood stages increase, he said, there is always the concern about rainfall. He outlined the road closures, which begin at 18 feet.

Mr. Boerboom said it is important to have all plans in place and the City is now planning for the 10% or 39-foot stage on the river. He said with a 39-foot crest level and two feet of freeboard to allow for rainfall, ice jams or anything that causes an unexpected spike, the City is in a much better position than 10 years ago. The City is still looking at about 8 miles worth of emergency measures, which range from about
5 miles of clay levees, 1.5 miles of rapid deploy products, he said, and unfortunately, almost 2 miles of sandbag levees. He said if 22 miles worth of levees and floodwalls had not been completed over the past 10 years, it would be a much different flood fight. Some preparations have begun such as starting the procurement process for outside resources, supplies inventoried, fill material sources identified and plans refined, he said.

In response to a question from Commissioner Grindberg about sandbag inventory, how many are needed and how many days are needed, Mr. Grubb said using a 10% start out planning level strategy between the City and Cass County, it is estimated the need is 400,000 sandbags in total; 250,000 for Fargo and 150,000 for the county. Last year, he said, the plan was to produce sandbags for two weeks; however, once the deterministic forecast was released it was realized not as many were needed. He said about 100,000 sandbags can be produced per day at Sandbag Central and partnering with the County, he would like to produce sandbags for four days from March 10th through the 13th from 7:00 a.m. to 7:00 p.m., working with University students and Fargo Public Schools with a goal of 400,000 sandbags. The next NWS probabilistic forecast is February 27th, he said and the Diversion Authority meets that day. Fargo, West Fargo and Cass County would like to make a declaration together at the same time, he said, partially due to certain equipment procurements that need to be completed for Sandbag Central. He said of the 400,000 sandbags made last year, 20,000 were used around town and after the flood threat passed, they were relocated to outside storage. In October, he said, 40,000 sandbags were sent to help Jamestown with flooding on the James River. Stored sandbags are affected when moved on pallets and exposed to weather elements so, he said, once those sandbags are no longer frozen the usable ones will be placed onto pallets. He said he will update the Board in two weeks.

Bid Awards for Flood Fight Materials Approved:
Division Engineer Nathan Boerboom presented a table outlining the results of the bids received for RFP20044, Project No. FE-20-B1, for supplying aggregate materials typically used during a spring flood fight. Typically, he said, the lowest quote is used and if materials become short, they go to the others to pull the additional resources available. He said he is seeking the Board’s acceptance of all five quotes, keeping in mind that that likely the lowest quote from Aggregate Industries may be the only one used.

Commissioner Piepkorn said this is an example of the need to get the FM Diversion built. He said such temporary measures are not acceptable for the largest city in North Dakota.

Commissioner Strand said there is a history of March blizzards, and March is just around the corner with the ground being already saturated. That, along with a delayed melt factor could mean trouble, he said, so preparing for the worst is essential. This is an example of climate change and the need for preparation, he said, considering the examples around the world of erratic weather experiences of floods and droughts. As far as the FM Diversion, he said, there needs to be mediation and resolution with the upstream folks to move forward. He said delays in the courtroom are costing not only protection but increasing the cost $60 million per year.

Commissioner Piepkorn moved the bid awards for flood fight materials be approved as presented.

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 Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, March 9, 2020.

Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:09 o’clock p.m.