Fargo City Commission - April 5, 2021
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, April 5, 2021.
The Commissioners present or absent were as shown following:
Present: Gehrig, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.
The Mayor read a message with the following information: This week is National Public Health Week; April is National Sexually Transmitted Disease (STD) Awareness Month; this is National Library Week and this year’s theme is “Welcome to the Library;” the “Alexander Hamilton: Immigrant, Patriot, Visionary” exhibit will be on display at the downtown Main Library through April 28th; April’s Stay-at-Home Book Party event is April 15th on the Library’s Facebook page; and a video from the Fire Department of the March 22nd fire at Mid-America Steel was shown.
Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.
Minutes Approved:
Commissioner Strand moved that the Minutes of the Regular Meeting of the Board held on March 22, 2021 be approved as read.
Second by Preston. All the Commissioners voted aye and the motion was declared carried.
Consent Agenda Approved:
Commissioner Gehrig moved the Consent Agenda be approved as follows:
1. 1st reading of an Ordinance Amending Section 1-0305, of Article 01-03 of Chapter 01 of the Fargo Municipal Code Relating to Classification of Ordinance Violations.
2. 2nd reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Chas A. Roberts Addition to the City of Fargo, Cass County, North Dakota.
3. Agreement for Property Demolition for property located at 1021 10th Street North and Memorandum of Agreement Regarding Agreement for Property Demolition with Select Portfolio Servicing, Inc.
4. Site Authorizations for Games of Chance:
a. Jon Greenley Amvets Post #7 at the Hi-Ho Burgers and Brews and Amvets.
b. Red River Human Services Foundation at The Elks Lodge #260 and The Northern.
c. Plains Art Museum at Wild Bill’s Sports Saloon, King Pin Casino (The Bowler), Blue Wolf Casino (Cactus Jack’s/West Acres Bowl) and Big Top Bingo.
d. Horse Race North Dakota at Edgewood Tavern.
e. Boys & Girls Club of the Red River Valley at Fargo Billiards/Gastropub (amended).
5. Application for Games of Chance for Fargo Lions for a sports pool from 9/13/21 to 12/27/21.
6. Transfer of the Class “FA” Alcoholic Beverage License from Chef’s Table at 670 4th Avenue North to The Boiler Room at 210 North Broadway and a six-month extension of the Class “FA-RZ” Alcoholic Beverage License once held at The Boiler Room.
7. Sole Source Procurement (SSP) and Purchase Agreement with Haworth, Inc. for office furniture (SSP21082).
8. Maintenance Agreement (Public Right of Way) with EOLA Landholdings, LLC.
9. Permanent Easement (Flood Levee) and Easement (Temporary Construction Easement) with David J. Clardy 2017 Revocable Trust in association with Project No. FM-19-E.
10. Amendment to License Agreement with Malcolm Butler and Carol Pearson, and Easement (Temporary Construction Easement) and Permanent Easement (Levee for Flood Control) with Malcolm G. Butler (Project No. FM-19-F).
11. Encroachment Agreement (Balcony Installation) with Mosaic Group, LLC.
12. Bid awards to Meyer Contracting, Inc. in the amount of $6,635,152.64 for Project No. FM-19-F1 and to Master Construction Company, Inc. in the amount of $668,206.50 for Project No. SR-21-A1.
13. State Water Commission request for cost reimbursement for the FM Metro Area Flood Risk Management Project for costs totaling $9,862,646.70.
14. Notice of Grant Award with the ND Department of Health and Human Services for Title X Family Planning Program (CFDA #93.217).
15. Agreement with Richland County Health Department.
16. Notice of Grant Award Amendment with the ND Department of Health for Family Planning PHQ-2 and PHQ-9 Screening (CFDA# 93.994).
17. Subaward Agreement with the National Environmental Health Association.
18. Set April 19, 2021 at 5:15 p.m. as the date and time for a hearing on a dangerous building at 1343 2nd Avenue South.
19. Memorandum of Understanding with Family Healthcare Center, Inc.
20. Change Order No. 3 for a time extension to the substantial completion date to 4/30/21 for the GTC Underground Project (BP0041).
21. Waiver of Protest Agreement with Arcadia-Park View, LLC.
22. Resolution Approving Plat of Timber Parkway Fifth Addition (Attachment “A”).
23. Sole Source Procurement with czb, LLC (SSP21051).
24. Bid award to Mansfield Oil Company in the amount of $601,097.00 for fuel purchase for the 3rd and 4th quarters of 2021 (RFV21027).
25. Bid award to A&I Distributing in the amount of $75,029.70 for 2021 oil products (RFP21065).
26. Bid award to NAPA Auto Parts in the amount of $30,879.72 for 2021 filter products (RFP21064).
27. Extension of the Services Agreements – Lawn Maintenance Agreements with Glacier Snow Management Company, and Valley Green and Associates for the 2021 mowing season (RFP17063 and RFP17115).
28. Purchase of one S-330 Air Curtain Burner from Air Burners, Inc. in the amount of $187,287.66 (PBC21-S330).
29. Fargo Public Schools Garbage Collection Service Contract renewal through 10/31/26.
30. Change Order No. 4 in the amount of -$4,500.00 for GTC Remodel Project (AFB20017).
31. Budget adjustment for additional security services at the GTC and removal of the U-pass cost on the NDSU agreements for the 2020-2021 academic year.
32. Amendment No. 1 for Task Order No. 8 with Apex Engineering Group in the amount of $17,800.00 for Project No. WA1910.
33. Task Order No. 10 with Apex Engineering Group in the amount of $681,160.00 for Project No. WA1910.
34. Change Orders for Project No. WA1863:
a. No. 1 for an increase of $72,000.00 and a 46-day time extension (general contract).
b. No. 1 for an increase of $8,016.89 (electrical contract).
35. Change Order No. 2 for an increase of $30,900.00 for Project No. WA2004.
36. Contracts and bonds for Project Nos. PR-21-A1, PR-21-B1 and WA2005 (electrical, mechanical and construction).
37. Bills in the amount of $8,514,484.37.
Second by Piepkorn. On call of the roll Commissioners Gehrig, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Change Order No. 2 for a Time Extension for Improvement District No. NN-10-A1 Approved:
Commissioner Gehrig moved Change Order No. 2 for a time extension to the Substantial Completion Date for Improvement District No. NN-19-A1 be approved.
Second by Piepkorn. On call of the roll Commissioners Gehrig, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Infrastructure Request for Improvement District No. BN-21-J1 Approved with Contingencies (69th Avenue South, Golden Valley Fifth Addition):
The Board received a Report of Action from the Public Works Projects Evaluation Committee stating the developer had made an Infrastructure Request for 69th Avenue South, Golden Valley Fifth Addition in order to complete the connectivity within the development. They said the developer has met four of the seven requirements and there are three remaining required items.
Commissioner Gehrig moved the Infrastructure Request for Improvement District No. BN-21-J1 be approved contingent plat recordation, execution of the Special Assessment Security Agreement and Letter of Credit and to direct Engineering to start the design.
Second by Piepkorn. On call of the roll Commissioners Gehrig, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Contract for Consulting Engineering Services to Apex Engineering Group Approved (Improvement District No. BN-20-A2):
The Board received a Report of Action from the Consultant Selection Committee stating proposals for the Construction Administration Services for Improvement District No. BN-20-A2, North University Drive from 32nd Avenue to 40th Avenue North, were received from Apex Engineering Group and SRF Consulting Group, Inc. They said the recommendation is to award the contract for consulting engineering services to Apex Engineering Group.
Commissioner Gehrig moved the Contract Award for Consulting Engineering Services for Improvement District No. BN-20-A2 to Apex Engineering Group be approved.
Second by Piepkorn. On call of the roll Commissioners Gehrig, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
No Protests Received for Paving and Utility Rehab/Reconstruction Improvement District No. BR-21-E1:
The Statutory Resolution of Necessity for the construction of Paving and Utility Rehab/Reconstruction Improvement District No. BR-21-E1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on March 3 and 10, 2021 and no protests have been filed in the office of the City Auditor within the legal protest period.
Commissioner Gehrig moved that the Board declare that no protests have been filed to the construction of Paving and Utility Rehab/Reconstruction Improvement District No. BR-21-E1.
Second by Piepkorn. On call of the roll Commissioners Gehrig, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Bids Received for Paving and Utility Rehab/Reconstruction Improvement District No. BR-21-E1:
The bids for Paving and Utility Rehab/Reconstruction Improvement District No. BR-21-E1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m.,
March 31, 2021 and the bids were found to be as follows:
Master Construction Company, Inc. Fargo, ND
Bid: $870,890.85
Dakota Underground Company, Inc. Fargo, ND
Bid: $1,034,426.00
KPH, Inc. Fargo, ND
Bid: $1,187,285.50
Contract for Paving and Utility Rehab/Reconstruction Improvement District No. BR-21-E1 Awarded to Master Construction Company, Inc. in the Amount of $870,890.85:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Paving and Utility Rehab/Reconstruction Improvement District
No. BR-21-E1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received March 31, 2021 for Paving and Utility Rehab/Reconstruction Improvement District No. BR-21-E1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Paving and Utility Rehab/Reconstruction Improvement District No. BR-21-E1 shows the bid of Master Construction Company, Inc. of Fargo, North Dakota, in the sum of $870,890.85 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 Master Construction Company, Inc. in the sum of $870,890.85 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Paving and Utility Rehab/Reconstruction Improvement District No. BR-21-E1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Master Construction Company, Inc. for the sum of $870,890.85, 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 Gehrig, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
Asphalt Mill and Overlay Improvement District No. PR-21-C1: Protests Received and Declared Insufficient:
The Statutory Resolution of Necessity for the construction of Asphalt Mill and Overlay Improvement District No. PR-21-C1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on March 3 and 10, 2021 and protests representing less than one percent of the legal protest area have been received and filed in the office of the City Auditor within the legal protest period.
Commissioner Gehrig moved the protests be received and filed and declared insufficient.
Second by Piepkorn. On call of the roll Commissioners Gehrig, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Bids Received for Asphalt Mill and Overlay Improvement District No. PR-21-C1:
The bids for Asphalt Mill and Overlay Improvement District No. PR-21-C1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., March 31, 2021, and the bids were found to be as follows:
Border States Paving, Inc. Fargo, ND
Bid: $2,119,304.05
FM Asphalt, LLC Moorhead, MN
Bid: $2,143,474.90
Central Specialties, Inc. Alexandria, MN
Bid: $2,210,429.60
Northern Improvement Company Fargo, ND
Bid: $2,415,784.40
Contract for Asphalt Mill and Overlay Improvement District No. PR-21-C1 Awarded to Border States Paving, Inc. in the Amount of $2,119,304.05:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Asphalt Mill and Overlay Improvement District No. PR-21-C1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received March 31, 2021 for Asphalt Mill and Overlay Improvement District No. PR-21-C1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Asphalt Mill and Overlay Improvement District No. PR-21-C1 shows the bid of Border States Paving, Inc. of Fargo, North Dakota, in the sum of $2,119,304.05 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 Border States Paving, Inc. in the sum of $2,119,304.05 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Asphalt Mill and Overlay Improvement District No. PR-21-C1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Border States Paving, Inc. for the sum of $2,119,304.05, 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 Gehrig, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
New Paving and Utility Construction Improvement District No. BN-21-B (Various Locations in South Fargo):
Commissioner Gehrig moved the following action be taken in connection with New Paving and Utility Construction Improvement District No. BN-21-B:
Adopt Resolution Creating Improvement District No. BN-21-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BN-21-B in the City of Fargo, North Dakota, be created
LOCATION:
On 25th Street South from 73rd to 75th Avenue South.
On Madelyn’s Lane South, 26th Street South, 28th Street South and 29th Street South between 73rd and 74th Avenue South.
On 27th Street and 30th Street between 73rd and 130’ south of 74th Avenue.
On 74th Avenue between Madelyn’s Lane South and 30th Street South.
To be platted in Madelyn’s Meadows Fourth Addition.
COMPRISING:
Lots 1 through 4, Block 2.
All platted in Chrisan First Subdivision.
Lots 1 through 7, Block 2.
Lots 14 through 20, Lots 34 through 43 and Lot 53, Block 3.
Lots 6 through 24, Block 5.
All platted in Eagle Pointe 1st Addition.
Lots 1 through 7 and lots 18 through 26, Block 1.
Lots 1 through 4 and lots 15 through 18, Block 2.
Lots 17 through 22, Block 3.
All platted in Eagle Pointe 2nd Addition.
Lots 1 through 11, Block 1.
Lots 1 through 11, and lots 30 through 40, Block 2.
Lots 1 through 11, Block 3.
All platted in Eagle Valley Second Addition.
Lots 27 through 36, Block 3.
Lots 1 through 10, and Lots 29 through 38, Block 4.
Lots 10 through 19, Block 5.
All platted in Eagle Valley Addition.
Lots 1 through 10, Block 1.
Lots 1 through 12, Block 2.
Lots 1 through 18, Block 3.
All platted within Eagle Valley Fourth Addition.
Lots 1 through 14, Block 1.
Lots 1 through 15, Block 2.
All platted within Eagle Valley Third Addition.
The north half of the south half of the southeast quarter of Section 11, T138N, R49W of Cass County (to be platted as Madelyn’s Meadows 4th Addition).
The south half of the south half of the south east quarter of Section 11, T138N, R49W of Cass County, less the easterly 100’.
All of the foregoing is located in the City of Fargo, Cass County, North Dakota and its Extra-Territorial Area.
NOW, THEREFORE, BE IT RESOLVED, That New Paving and Utility Construction Improvement District No. BN-21-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. BN-21-B:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-21-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 $3,937,828.10.)
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-21-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-21-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. BN-21-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 New Paving and Utility Construction Improvement District No. BN-21-B 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 New Paving and Utility Construction Improvement District No. BN-21-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 a portion of said New Paving and Utility Construction improvement is to be paid from State and Local Funds, and approximately 83% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed New Paving and Utility Construction 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.
Second by Piepkorn. On call of the roll Commissioners Gehrig, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Asphalt Wear Course Improvement District No. PN-21-A (Various Locations in South Fargo):
Commissioner Gehrig moved the following action be taken in connection with Asphalt Wear Course Improvement District No. PN-21-A:
Adopt Resolution Creating Improvement District No. PN-21-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. PN-21-A in the City of Fargo, North Dakota, be created
LOCATION (Section 1):
On 10th Street North from 32nd Avenue North to north end of cul-de-sac.
LOCATION (Section 2):
On 33rd Avenue South from 45th Street South to Seter Parkway South.
On 36th Avenue South from 190’ east of 54th Street South to Veterans Boulevard South.
On 37th Avenue South from 54th Street South to 56th Street South.
On 38th Avenue South from 54th Street South to 56th Street South.
On Justice Drive South from 54th Street South to 56th Street South.
On Cordova Loop South off of 36th Avenue South.
On Crimson Loop South off of 37th Avenue South.
On 47th Street South from 32nd Avenue South to 33rd Avenue South.
On 49th Street South from 30th Avenue South to 32nd Avenue South.
On 51st Street South from 32nd Avenue South to 33rd Avenue South.
On 54th Street South from 36th Avenue South to 38th Avenue South.
On Valley View Drive South from 36th Avenue South to 37th Avenue South.
On 55th Street South from 37th Avenue South to 38th Avenue South.
LOCATION (Section 3):
On 17th Street South from 73rd Avenue South to 75th Avenue South.
On 18th Street South from 73rd Avenue South to 75th Avenue South.
On 19th Street South from 75th Avenue South to 76th Avenue South.
On 20th Street South from 73rd Avenue South to 75th Avenue South.
On 21st Street South from 73rd Avenue South to 75th Avenue South.
On 75th Avenue South from 17th Street South to 21st Street South.
COMPRISING (Section 1):
Lots 3 through 28, Block 1, Bison Village Addition.
COMPRISING (Section 2):
Lots 1 and 2, Block 1, Encore Second Addition.
Lots 1 through 7, Block 8, Urban Plains by Brandt First Addition.
Lot 2, Block 1, Bentley Square Addition.
Lots 4 and 5, Block 1, Blu Water Creek Addition.
Lots 1 through 3, Block 1, Blu Water Creek Second Addition.
Lots 1 and 2, Block 1, Blu Water Creek Third Addition.
Lot 1, Block 1, Blu Water Creek 4th Addition.
Lots 1 through 6, Block 1, Blu Water Creek 5th Addition.
Lot 2, Block 3.
Lots 1 through 12, Block 6.
Lots 1 through 24, Block 7.
Lots 1 through 24, Block 8.
Lots 1 through 24, Block 9.
Lots 1 through 12, Block 10.
Lots 1 through 14, Block 11.
Lots 1 through 14, Block 12.
Lots 1 through 12, Block 13.
Lots 1 through 28, Block 14.
All in Brandt Crossing 1st Addition.
Lots 1 through 3 and 10, Block 1, Brandt Crossing 2nd Addition.
Lots 1 through 4, Block 1.
Lots 13 through 17, Block 1.
All in Brandt Crossing 3rd Addition.
Lots 2 through 5, Block 1, Brandt Crossing 4th Addition.
Lot 2, Block 1, Brandt Crossing 5th Addition.
Lots 1 and 2, Block 1, Brandt Crossing 6th Addition.
Lots 3 and 4, Block 1, Brandt Crossing 7th Addition.
Lot 1, Block 1, Brandt Crossing 8th Addition.
Lots 1 through 6, Brandt Crossing 14th Addition.
Lots 1 and 2, Block 1, BNG Addition.
Lots 1 through 7, Block 1.
Lots 1 through 9, Block 2.
Lots 1 through 7, Block 3.
Lots 1 through 35, Block 4.
Lots 1 through 14, Block 5.
Lots 1 through 14, Block 6.
All in Farmstead at Brandt Addition.
Lot 1, Block 3, Schatz 3rd Addition.
Lots 2 through 4, Block 1, Schatz 4th Addition.
Lots 21 through 27, Block 2.
Lots 1 through 14, Block 3.
Lot 1, Block 4.
Lots 1 through 11, Block 5.
Lots 1 through 8, Block 6.
All in Valley View Addition.
Lot 1, Block 1, Valley View 2nd Addition.
Lots 1 through 10, Block 1.
Lots 1 through 12, Block 2.
All in Valley View 3rd Addition.
Lots 1 through 10, Block 1.
Lots 1 through 60, Block 2.
Lots 1 through 8, Block 3.
Lots 1 through 8, Block 4.
Lot 1, Block 5.
All in Valley View 4th Addition.
Lots 1 through 19, Block 1.
Lots 1 through 13, Block 2.
Lots 1 through 11, Block 3.
Lots 1 through 18, Block 4.
All in Valley View 5th Addition.
Lot 1, Block 1, Valley View Seventh Addition.
Lots 1 through 5, Block 1, Valley View Eighth Addition.
COMPRISING (Section 3):
Lots 15 through 24, Block 1.
Lots 19 through 36, Block 3.
Lots 1 through 38, Block 4.
Lots 1 through 19, Block 5.
All in Eagle Valley Addition.
Lots 1 through 18, Block 1.
Lots 1 through 40, Block 2.
Lots 1 through 20, Block 3.
All in Eagle Valley Second Addition.
All of the foregoing is located in the City of Fargo, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That Asphalt Wear Course Improvement District No. PN-21-A in the City of Fargo, North Dakota, be and he same is hereby created.
Request Report and Estimate of Cost From the City Engineer for Improvement District No. PN-21-A;
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PN-21-A in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $1,584,384.80.)
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. PN-21-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. PN-21-A in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. PN-21-A in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.
Adopt Resolution Declaring Asphalt Wear Course Improvement District No. PN-21-A 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 Wear Course Improvement District No. PN-21-A in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That 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 Wear Course must be in writing and must be filed with the City Auditor's Office within 30 days after 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.
Second by Piepkorn. On call of the roll Commissioners Gehrig, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Asphalt Paving Rehab/Reconstruction Improvement District No. PR-21-G (Carious Locations in North Fargo):
Commissioner Gehrig moved the following action be taken in connection with Asphalt Paving Rehab/Reconstruction Improvement District No. PR-21-G:
Adopt Resolution Creating Improvement District No. PR-21-G:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. PR-21-G in the City of Fargo, North Dakota, be created
LOCATION:
Highway 81 from 40th Avenue North to 44th Avenue North and 40th Avenue North from BNSF Railway east to County Drain 10.
COMPRISING:
Lot 1, Block 1.
Platted within North Fargo Industrial Addition.
All of the foregoing is located in the City of Fargo, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That Asphalt Paving Rehab/Construction Improvement District No. PR-21-G in the City of Fargo, North Dakota, be and the same is hereby created.
Request Report and Estimate of Cost From the City Engineer for Improvement District No. PR-21-G:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PR-21-G in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $691,901.03.)
Order Plans and Specifications for Improvement District No. PR-21-G:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. PR-21-G in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. PR-21-G:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. PR-21-G in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. PR-21-G in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.
Adopt Resolution Declaring Asphalt Paving Rehab/Reconstruction Improvement District No. PR-21-G 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 Paving Rehab/Reconstruction Improvement District No. PR-21-G in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That a portion of said Asphalt Paving Rehab/Reconstruction improvement is to be paid from State and Local Funds, and approximately 89% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Asphalt Paving Rehab/Reconstruction 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-21-G:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. PR-21-G in the City of Fargo, North Dakota.
Second by Piepkorn. On call of the roll Commissioners Gehrig, Piepkorn, Preston, 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-21-B (Various Locations in North and South Fargo):
Commissioner Gehrig moved the following action be taken in connection with Street Lighting and Incidentals Improvement District No. SL-21-B:
Adopt Resolution Creating Improvement District No. SL-21-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. SL-21-B in the City of Fargo, North Dakota, be created
LOCATION:
SECTION 1:
The area between 27th and 32nd Avenue North and between Broadway and Elm Street North, and on 29th Avenue North between Elm and Maple Street North, where there currently are no City of Fargo street lights in place or where the existing street lighting system needs replacement.
SECTION 2:
On 5th Street North between 18th and 19th Avenue North, where there are no City of Fargo streetlights in place.
SECTION 3:
On 14-1/2 and on 15-1/2 Avenue South between 11th and 12th Street South and on 11th and 12th Street South between 14-1/2 and 15-1/2 Avenue South, where there are no City of Fargo streetlights in place.
COMPRISING (Section 1):
Lots 1 through 19, Block 1.
Lots 1 through 15, Block 2.
Asp Addition.
Lots 1 through 7, Block 2.
Lots 1 through 13, Block 3.
Lots 1 through 18, Block 4.
Lots 1 through 35, Block 5.
Lots 2 through 21, Block 6.
Lots 1 through 37, Block 7.
Lots 1 through 31, Block 8.
Lots 1 through 22, Block 9.
Lots 1 through 18, Block 10.
Lots 1 through 14, Block 11.
Lots 1 through 11, Block 12.
Lots 1 through 11, Block 13.
Edgewood First Addition.
Lots 1 through 20, Block 1.
Lots 1 through 10, Block 2.
Block 3.
Block 5.
Lots 1 through 44, Block 6.
Lots 1 through 16, Block 9.
Lots 1 through 21, Block 10.
Edgewood Second Addition.
Lots 1 through 10.
Subdivision of Block 7.
Lots 1 through 12.
Subdivision of Block 8.
Edgewood Second Addition.
Lots 1 through 3, Block 1.
Lots 12 through 22, Block 2.
Elm Tree Park Addition.
Lots 9 through 16, Block 5.
Lots 1 through 8, Block 7.
Oral A. Holm Addition.
Lot 1 and Lots 3 through 13, Block 1.
Longfellow Park Addition.
Lots 14 through 26, Block 6.
Lots 1 through 14, Block 7.
North Park Addition.
Lots 1 to 4, and Lots 6 to 8, Block 1.
Trollwood Land.
Lots 5A and 5B, Block 1.
Trollwood Land Two.
Lot 1, Block 1.
Lots 11 through 18, Block 1.
Lots 1 through 3, Block 2.
Van Raden’s Addition.
Lots 6 through 9, Block 1.
Van Raden’s Second Addition.
COMPRISING (Section 2):
Lots 101 through 119 and Lots 161 through 179.
All in North Broadway Addition.
COMPRISING (Section 3):
Lots 10 through 24, Block 1.
Lots 1 through 17, Block 2.
Lots 1 through 24, Block 3.
Lots 1 through 14, Block 4.
Buland’s Subdivision.
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-21-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-21-B:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. SL-21-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 $1,378,269.27.)
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. SL-21-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. SL-21-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-21-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 Improvement District No. SL-21-B 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-21-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.
Second by Piepkorn. On call of the roll Commissioners Gehrig, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Contract for Southwest Regional Pond Phase 1 Improvement District No. FP-19-A1 (General Contract) Approved:
Commissioner Gehrig moved the Contract between the City of Fargo and R.J. Zavoral and Sons, Inc. for Southwest Regional Pond Phase 1 Improvement District No. FP-19-A1 in the City of Fargo, North Dakota, be approved.
Second by Piepkorn. On call of the roll Commissioners Gehrig, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Contract Bond for Southwest Regional Pond Phase 1 Improvement District No. FP-19-A1 (General Contract) Approved:
Commissioner Gehrig moved the following described Contract Bond be approved as to sufficiency:
Western Surety Company, in the amount of $4,365,306.54, for Southwest Regional Pond Phase 1 Improvement District No. FP-19-A1 in the City of Fargo, North Dakota.
Second by Piepkorn. On call of the roll Commissioners Gehrig, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Resident Comments:
Alexander Simon spoke about bias and racism, and Wess Philome and Christopher Coen spoke about the Police Department.
Application to Transfer the Alcoholic Beverage License from Big Erv’s Bar and Grill, LLC d/b/a Big Erv’s at Rose Creek to Living the Dream, LLC d/b/a Legends Approved:
A Hearing had been set for March 22, 2021 on an application to transfer the Class "FA-Golf" Alcoholic Beverage License from Big Erv’s Bar and Grill, LLC d/b/a Big Erv’s at Rose Creek to Living the Dream, LLC d/b/a Legends at 1500 East Rose Creek Parkway South.
At the March 22, 2021 meeting, the Hearing was continued to this day and hour.
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 this is a transfer to another ownership group, which will run the concessions and golf course alcoholic beverage service.
Commissioner Piepkorn moved the application be approved.
Second by Gehrig. On call of the roll Commissioners Piepkorn, Gehrig, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application Filed by Aparium Hotel Group, LLC d/b/a Jasper Hotel for an Alcoholic Beverage License Approved:
A Hearing had been set for March 22, 2021 on the application filed by Aparium Hotel Group, LLC d/b/a Jasper Hotel for a Class "ABH" Alcoholic Beverage License at 215 Broadway North, notice of which had been duly published in the official newspaper for the City of Fargo.
At the March 22, 2021 meeting, the Hearing was continued to this day and hour.
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 this is for the hotel that is going to open in Block 9.
In response to a question from Commissioner Preston asking why the City is not using other background search options in order to have access to records in other states and could Eide Bailly assist with those searches, Mr. Sprague said due to an audit, the Police cannot use the FBI to do background checks for liquor licenses; therefore, those checks were discontinued and the Police now use only free services. He said Eide Bailly’s qualifications are limited to employment background checks.
In response to a question from Commissioner Strand asking if it is important to include in a background check when an applicant missed a car payment and what information is actually valuable for the background check without dragging the applicant back through some painful times in their lives, Commissioner
Piepkorn said the topic can be added to the Liquor Control Board agenda for discussion.
Commissioner Gehrig moved the application be approved.
Second by Piepkorn. On call of the roll Commissioners Gehrig, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application to Transfer the Alcoholic Beverage License from Lucky U, LLC d/b/a Lucky’s 13 Pub to Eclectic Culinary Concepts, Inc. d/b/a Lucky’s 13 Pub Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "FA" Alcoholic Beverage License from Lucky U, LLC d/b/a Lucky’s 13 Pub to Eclectic Culinary Concepts, Inc. d/b/a Lucky’s 13 Pub at 4301 17th Avenue South, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague said this transfer is due to a more than 5 percent ownership change.
Commissioner Piepkorn moved the application be approved.
Second by Gehrig. On call of the roll Commissioners Piepkorn, Gehrig, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application to Transfer the Alcoholic Beverage License from Harihar, LLC d/b/a Himalayan Yak to 4 Stars Group, LLC d/b/a Himalayan Yak Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "GH" Alcoholic Beverage License from Harihar, LLC d/b/a Himalayan Yak to 4 Stars Group, LLC d/b/a Himalayan Yak at 1450 25th Street South, Suite 160, 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 this transfer is due to a more than 5 percent ownership change.
Commissioner Gehrig moved the application be approved.
Second by Strand. On call of the roll Commissioners Gehrig, Strand, Piepkorn, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application to Transfer the Alcoholic Beverage License from Pizza Ranch 45 St. Inc. d/b/a Pizza Ranch Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "H" Alcoholic Beverage License from Pizza Ranch 45 St. Inc. d/b/a Pizza Ranch at 4480 23rd Avenue South, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
CIty Auditor Steve Sprague said this transfer is due to a stock ownership change and there is no corporate name change. He said the current owners are retiring and the new owners of this location own four other Pizza Ranch sites.
Faith Dixon, Moorhead, said liquor should not be in a family restaurant. She said when alcohol is served where children are present there are problems, especially for people who cannot control themselves when drinking.
Commissioner Piepkorn said this not a new license, it is a transfer of an already-existing liquor license. He said there are many pizza places that do not serve alcohol.
Commissioner Gehrig moved the application be approved.
Second by Piepkorn. On call of the roll Commissioners Gehrig, Piepkorn, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Application Filed by Packet Digital, LLC for a 5-Year Property Tax Exemption Approved:
A Hearing had been set for this day and hour on an application filed by Packet Digital, LLC for a property tax exemption for a project at 3241 University Drive South where the applicant will be manufacturing battery and power management systems for drone and space vehicles.
No written protests have been filed for the attention of the Board.
The Board determined that no person is present at this Hearing to protest or offer objection thereto.
Strategic Planning Director Jim Gilmour said the applicant would pay the full land tax estimated at approximately $4,700.00 annually. He said the value of the building is estimated at $717,000.00 and the property tax savings would be about $10,500.00 per year. The company is proposing to add 13 jobs over the next five years, he said, that pay between $20.00 and $35.00 per hour.
Ryan Aasheim, Greater Fargo Moorhead Economic Development Corporation, said this is an ecosystem building company developing embedded systems technology software, battery power technology for drones and it fills many of the technological gaps in the Fargo area, which are fundamental building elements in attracting other companies. He said in reaching out to drone and unmanned aircraft system (UAS) technology companies throughout the world to see if they may have an interest in relocating or expanding to the Fargo market, many of those companies are telling him they have plans to meet with Packet Digital.
Terri Zimmerman, Chief Executive Officer at Packet Digital, said the company is an engineering firm making the transition to manufacturing power management solutions. She said the company recently won some contracts and had to outsource the manufacturing to a company in Idaho. Packet Digital wants to build a facility in south Fargo to start manufacturing those parts, she said. There is a paradigm shift with batteries today, she stated, with a move to lithium-ion batteries, and 90 percent of those batteries are manufactured in China with a need to manufacture them in the U.S. Packet Digital’s expertise for power management, system integration and electronic design can bring battery management systems into high performance vehicles, electric aviation and soon into the next generation of space vehicles, she said. The company works with many companies around the world, she said, including military customers and NASA and is recognized as a leader in the industry. She said the company makes smart batteries and smart charging systems with multiple layers of safety, she stated. Many of the company’s engineers were hired from NDSU, she said, and the company employs embedded software programmers and mobile app developers. She said the company is currently building power management solutions for a drone standing almost 6 feet tall and can carry up to a 70-pound payload with vertical takeoff and landing, which presents many power-management issues. She said the company recently won Department of Defense contracts to manufacture batteries and charging solutions and the company is building battery management systems for electric vehicles, including an electric racecar. This is an exciting market and Packet Digital is excited for its potential expansion in south Fargo, she said.
In response to a question from Commissioner Gehrig asking if the company does not get the incentive will it move or not expand in Fargo, Ms. Zimmerman said the company is looking at multiple locations and talking to a number of different organizations. She said battery development goes on in many areas of the country, including Boston and southern California. She is from North Dakota, she said, her family is in North Dakota and she wants to stay in North Dakota. She said she is passionate about creating jobs in Fargo and this incentive would certainly help the business step into manufacturing.
Commissioner Piepkorn said the score for Packet Digital from the Tax Exempt Review Committee was the highest there has been in a long time and the jobs they will create offer excellent pay.
Commissioner Strand said the new jobs offer living wages and he supports it entirely.
Commissioner Piepkorn moved that the application filed by Packet Digital, LLC for a 5-year property tax exemption pursuant to Chapter 40-57.1, NDCC be approved.
Second by Preston. On call of the roll Commissioners Piepkorn, Preston, Strand and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.
Application Filed by Tecton Products LLC for Payment in Lieu of Tax Exemption (PILOT) Approved:
A Hearing had been set for this day and hour on an application filed by Tecton Products LLC for a payment in lieu of property tax exemption for a project at 4401 15th Avenue North that designs and manufactures custom fiberglass pultrude parts.
No written protests have been filed for the attention of the Board.
The Board determined that no person is present at this Hearing to protest or offer objection thereto.
Strategic Planning Director Jim Gilmour said Tecton has a 100,000 square foot building in the Industrial Park and is proposing to add another 100,000 square feet. It will be a $16 million investment over the next five years, he said, and would create approximately 80 jobs, all paying more than $15.00 an hour. He said there were some changes in the application and while Tecton will spend $16 million on the building, he said, a more accurate assessed value is $11 million; therefore, that change is reflected in the application. He said the Tax Exempt Review Committee recommends approval, the Cass County Commission reviewed the application and voted to participate in the property tax exemption. He said he has not heard from the School District; however, it is presumed they will participate due to the fact that the 30-day window to object has passed. He said this is a 10-year exemption with the first five years at 100 percent exemption and as often is done with projects that have large numbers of jobs and large capital investments, the City schedules it so it gets an average of 50 percent of the property taxes in years 6 through 10, with payments starting at $33,000.00 and increasing to $161,000.00 and in year 11, the full amount is paid.
Ryan Aasheim, Greater Fargo Moorhead Economic Development Corporation, said Tecton has been around since the early 1990s and has a good history in the market which continues to expand and is seeing explosive growth. He said Tecton is another kind of ecosystem builder that is part of the window-manufacturing cluster in the region. He said this is another very solid project with $16 million for the building, which does not include millions of dollars in investment in equipment and increasing employee numbers significantly over the next few years. He said with previous PILOTs, Tecton continues to exceed projections from those requests.
Tom Gohdes, Director of Operations for Tecton, said Tecton is part of the Marvin family of companies and Fargo is home to the company’s headquarters. He said Tecton has two facilities in Fargo’s Industrial Park and a facility in Roanoke, Virginia. He said the company is trying to decide how to continue to grow and expand and it is a complex decision. Since opening in 1991, he said, Tecton has attracted a million square feet of Marvin manufacturing space to the Fargo and West Fargo region with thousands of jobs. There is not much talk about Fargo being a hot spot for high performance window manufacturing, yet it is, he said. Tecton and Marvin have made a lot of investments in their manufacturing locations, he said, and Tecton’s headquarters in Fargo include engineering functions and the research and development center and the company wants to continue to grow and make those investments where it makes the most sense. He said Tecton is bringing many high-paying jobs to the region for manufacturing, paying $20.00 to $25.00 an hour. There is a lot of pressure in the market, he said, and discussions have been whether to expand in Fargo or Roanoke or build a new green field facility in another location.
In response to a question from Mayor Mahoney asking what are fiberglass pultrude parts, Mr. Gohdes said continuous glass filaments are run through a resin system to make dimensionally stable, thermally-efficient profile shapes. He said Tecton manufactures the fiberglass parts that go around the window frames and the windows are assembled at the Marvin locations.
In response to a question from Commissioner Piepkorn asking how much more square footage would be added, Mr. Gohdes said the company is in conceptual design phases now; however, the expansion would cover about half of the additional 25 acres of the lot where the current plant is located, which leaves an additional 25-acre plot if the company ever wanted to do something else. He said right now the company is looking at a 100- to 150-square-foot expansion.
In response to a question from Commissioner Preston asking about average wages in the Fargo market and are Tecton’s above the average wage, Mr. Gohdes said direct labor positions, such as inspectors and operators, earn significantly more than many of Tecton’s white-collar employees.
Mr. Gilmour said Tecton is suggesting it may build 50 percent bigger than what they have in the application; therefore, that information should be added to the motion for the Assessor, who will want to know whether the 100,000 square feet is exempt or up to the 150,000 square feet.
Commissioner Gehrig said it is time for Fargo to start knowing its worth. He said if someone is partnering with Marvin, they are partnering with others in the community and all these partners are here so the City needs to stop giving away tax dollars and burdening people with higher property taxes. He said businesses grow in Fargo due to the fact that Fargo is the best place for them. He said he does not think a 5- or 10-year incentive is going to make a huge difference in the plans. The company gets a good workforce in a safe community where they can grow and make money if they invest, he said, and in return Fargo gets a great business and that is the symbiotic relationship.
Commissioner Piepkorn said Fargo is in competition every day and if anyone thinks Fargo can say it is just a great place and people will show up, that is a mistake.
In response to a question from Commissioner Preston regarding the redlining in the application and if that is related to a smaller footprint, Mr. Gilmour said when he looked at the fact that Tecton is going to spend $16 million on the building and realistically the property is not going to be valued that high by the Assessor due to the fact that the Assessor is going to look at it at like other buildings in town; therefore, to provide a more accurate estimate of how the Assessor will decide what it is worth and the value of the property tax exemption, he put in $11 million.
Commissioner Preston said she is uncomfortable with leaving this open not knowing if the project will be bigger or not.
Mr. Gilmour said if they build a larger building, it will mean more jobs.
Commissioner Preston said the application does not indicate that information.
Mayor Mahoney said the company is responding to the growth in the housing market; therefore, what the company has decided is it probably has to expand more rather than less and the question now should be is the Commission committed to giving a tax break to get them to expand due to the fact that ultimately, it will be worth more taxes to Fargo if it goes to 150,000 square feet.
In response to a question from Commissioner Gehrig asking if the Commission approves the 150,000 and Tecton only does 100,000 is there a penalty, Mr. Gilmour said he is suggesting there would not; therefore, if the motion is for 150,000 square feet, it is covered either way.
Commissioner Piepkorn said he wants to be sure what the motion is. He said if the Commission is approving vague numbers, that is not good business and he thinks the Commission needs to be more precise. He said it is challenging what the company is doing, it is working on the project; however, for the Commission to approve something it is important to have accurate numbers so he needs to know how to word the motion.
In response to a question from Commissioner Preston asking how this will be resolved and does the company have to come back, Mr. Gilmour said the company would have to reapply for the additional 50,000 square feet if it decides to build the additional space. He said what would change would be the payment of taxes in years 6 through 10 due to the fact that is going to be based on what the Assessor estimates the building is going to be worth.
Commissioner Preston said the jobs and payroll projected would be different. She said in the application it appears the company is going to build a 100,000 square foot building, add one assembly line and 15 to 20 jobs.
Mr. Gilmour said as business picks up, which has been the company’s practice, it fits as much into the building as it can in the long term; however, in the short term it is not going to fill the whole building right away, it will be gradually ramped up.
Commissioner Preston moved that the application filed by Tecton Products LLC for a 10-year payment in lieu of tax exemption pursuant to Chapter 40-57.1, NDCC be approved as follows:
Years 1-5 $0
Year 6 $33,540.00
Year 7 $68,000.00
Year 8 $104,279.00
Year 9 $141,478.00
Year 10 $161,907.00
Second by Piepkorn. On call of roll Commissioners Preston, Piepkorn, Strand and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.
At 6:10 p.m., the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.
Renewal Plan for Tax Increment Financing District No. 2021-01 Approved:
A Hearing had been set for this day and hour to review a Renewal Plan for Tax Increment Financing (TIF) District No. 2021-01. The purpose of the Hearing is to review a plan for redevelopment along the river in Downtown Fargo. The project will include redevelopment of sites between 4th Street and the Red River from 7th Avenue South to 5th Avenue North. TIF funds would be used for demolition, environmental cleanup, development incentives, affordable housing, public facilities and infrastructure.
No written protest or objection to the Plan has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Plan.
The Board received a communication from Strategic Planning Director Jim Gilmour stating City staff has completed work on a Renewal Plan for redevelopment of property along the river in Downtown Fargo, and property the City owns and other property where there is a high potential for development. He said the City Commission directed the preparation of this plan in October 2020 and the Fargo Planning Commission has reviewed the Plan and determined it is consistent with the GO2030 Plan and the Downtown InFocus Plan. The Renewal Plan includes a description of activities to implement the plan and creates a Tax Increment Financing (TIF) District to pay for a portion of these activities, he said, and as required by state law, the Fargo School District, Fargo Park District and Cass County have been notified of this Renewal Plan and the hearing. He said there is a long-term plan for a lot of public and institutional uses to continue to exist, as well as mixed-use housing and commercial. What is not seen in the plan, he said, is industrial or vacant surface parking lots; therefore, this plan is supportive of clearing out some of the one-story industrial type buildings and getting development on the existing surface parking lots along the river. The new floodwall, as well as the Diversion Project, are going to encourage development along the river, he said. Some of the existing tools to encourage the development, he said, include the Renaissance Zone, which provides some private property tax exemptions and the Opportunity Zone, which encourages investment in projects with various federal tax breaks. One area where the TIF would be used is the Mid-America site, where the Environmental Protection Agency (EPA) states there needs to be some clean-up, he said. If the site can be cleaned up, he said, it is going to attract more investors than if the City tries to sell it as-is. He said other things the City needs to work on at the Mid-America site is how to provide flood protection and those plans are not final. Other riverfront TIF potential, he said, includes the Lashkowitz High Rise, which has multiple issues and the cost to redevelop it would exceed the value. Plans on how to redevelop the site are still in the works, he said; however, there is going to be a funding gap and he does not know if TIF money is going to be enough to fill it as this is going to be an expensive redevelopment. He said there tends to be some money available for new low-income housing; however, trying to clear the site will be a challenge and he does not think the City wants it to sit empty for a long time. The City has received a Federal grant for a Downtown pedestrian bridge and TIF money could potentially be used for the required local match in order to add amenities Downtown. He said another opportunity for new development is the School District warehouse building. He said having a clean site for development is going to make it more attractive to developers and the City Land Use Plan is to not maintain warehousing along the river; therefore, clearing the warehouse site out would have a high potential for housing. Other potential redevelopments, he said, are the Burrell and Colonial sites, which the Fargo Housing Authority owns, and the Civic Center parking ramp. With the new City Hall, he said, there is a potential to connect to the Skyway System from the north side of the building; however, this will depend on what is decided with the Civic Auditorium. In the long run there is really nothing to connect to on the north side of City Hall, he said; however, down the road there might be riverfront potential and the Civic Plaza has the potential to bring more activity Downtown. These are just some of the potential projects, he said, and if this plan is adopted it does not mean all of it has to be done. Some of the items the City may want to do soon, he said, is sell some of its property at the former Park East Apartments, finish demolishing the school warehouse, which would stimulate development, and sell the vacant Public Health building. He said looking up and down the river there is about $60 million in value and there is a potential to get another $150 million in development along the river and as that happens, it would bring more revenue and more activity Downtown. He said the City will not see significant income from the TIF for several years due to the fact that it takes a while to build, it takes a while for exemptions to expire and it takes a while for that first property tax bill to be due.
Wess Philome said he reads how people of color are constantly looking for welfare or handouts and they should just pick themselves up by the bootstraps. He said when he comes to City Hall, he sees people who do not need handouts, they are big business and have a lot of money, yet ask for handouts, which is welfare from the City. He said he is asking the Commissioners to be mindful there is a community of people who could use some opportunities and it would be nice to see some diversity amongst businesses and business owners.
In response to a question from Commissioner Preston asking about costs for clean-up at the Mid-America site, Mr. Gilmour said the City could bond for the money, essentially sell TIF bonds as was done for the parking garages. He said if it is a smaller amount, there could be some internal borrowing until the project is completed and then sell bonds or sell some sort of debt.
In response to a question from Commissioner Preston asking about plans for the Burrell and Colonial sites, Mr. Gilmour said the buildings are owned by the Fargo Housing Authority, who may bring in another non-profit housing member and decide whether the buildings are rehabbed or they need to be taken down. He said the front of the building looks nice; however, everything behind it does not and he is not sure what is the long-term best solution.
In response to a question from Commissioner Gehrig asking if this is approved, what is the duration of the TIF, Mr. Gilmour said the maximum is 25 years, which can be extended to 30 years, which is the maximum according to Century Code
In response to a question from Commissioner Gehrig asking if the City demolishes the Mid-America site and someone wants to build something there, could they still get a PILOT, Mr. Gilmour said they could.
Commissioner Gehrig said he wants the Commission to understand this is a terrible idea, this is wealth redistribution from the middle class and the poor to wealthy developers. He said the City is taking money that should go to schools, roads, bridges and parks and the City is going to take that money to clean-up the Mid-America site and then a wealthy developer is going to buy that property, build something and get a 25-year incentive. He said these incentives will go on forever due to the fact that City will keep extending them and the citizens are never going to see the value. The longest TIF was 40 years and this is nothing but cronyism so wealthy people can build castles, he said.
In response to a question from Commissioner Strand asking if it is possible for a private developer to buy the Mid-America site as is from the City and is that worth exploring, Mr. Gilmour said there have been developers looking at it and no developer has stepped up, even those who usually take old places and rehab them, mostly due to the remedial issues.
Mayor Mahoney said if the City wants to develop the Mid-America site, the City has to do something to incentivize people and part of the incentive might be tearing it down. He said the other issue is the site has no flood protection.
Commissioner Strand said he likes the idea of redeveloping this part of the City; however, if the City can conceivably minimize its liability and get a result that would be equivalent, he would like to have that idea explored.
Commissioner Piepkorn said this is just the initial step. There are many things such as the High Rise, low-income and workforce housing. He said it is part of the Commission’s responsibility to monitor the TIF and selling some of the City-owned properties. The City has become much more disciplined about ending TIFs, he said, and this TIF is critical for Downtown's future and will set the tone for a long time.
In response to a question from Commissioner Gehrig asking if the School Board has the right to vote, Mr. Gilmour said the School District and the County can opt out if there is a development incentive. He said demolition of a building is not a property tax incentive; therefore, they would not be able to opt out.
Commissioner Piepkorn offered the following Resolution, and moved its adoption:
WHEREAS, Certain areas within the City are in need of development in order to prevent further deterioration and to preserve property values; and
WHEREAS, The Board of City Commissioners desires to avail itself of the power and authority granted by Chapter 40-58 NDCC.
NOW, THEREFORE, BE IT RESOLVED, By the Board of City Commissioners as follows:
1. That one or more slum or blighted areas or areas consisting of industrial or commercial property, or a combination of those areas of properties exist in the City of Fargo.
2. That the development, rehabilitation, conservation or redevelopment or a combination thereof, of the area contained within the Renewal Plan for Tax Increment Financing District No. 2021-01 is necessary in the interest of public health, safety, morals or welfare of the residents of the City of Fargo.
3. That the area designated as the Renewal Plan for Tax Increment Financing District No. 2021-01 is underdeveloped and is appropriate for a development or renewal project.
4. That such development, rehabilitation, conservation or redevelopment of the area contained in the Renewal Plan for Tax Increment Financing District No. 2021-01 requires the powers and authority granted in Chapter 40-58 NDCC.
5. That the Renewal Plan for Tax Increment Financing District No. 2021-01 is officially adopted by the Board.
6. That Developer's Agreements be prepared in regard to the Tax Increment exemption.
7. That the appropriate staff be directed to request the county auditor and treasurer to compute, certify and remit tax increments resulting from the development or renewal of the area in accordance with the plan and any modifications thereof and that the county auditor and treasurer shall do so in accordance with this section.
Second by Preston. On the vote being taken on the question of the adoption of the Resolution Commissioners Piepkorn, Preston, Strand and Mahoney voted aye.
Commissioner Gehrig voted nay.
The Resolution was adopted.
COVID-19 Update:
Director of Fargo Cass Public Health (FCPH) Desi Fleming said as of today there are 527 active cases, almost double the number since last meeting, and 29 people are hospitalized across the State, also an increase from last meeting when that number was in the teens. She said there have been 199 deaths in Cass County and the variant strains have increased significantly, with the UK variant the most prominent. She said people should continue to mask, physical distance and avoid large crowds. COVID-19 testing numbers are steady, she said, and FCPH is busy with vaccinations, with 107,000 vaccinations given in Cass County with 31.7 percent of people in Cass County fully vaccinated. There are many opportunities to receive vaccines, she said, and everyone should make an informed decision and consider getting a vaccine.
In response to a question from Commissioner Preston asking what is happening with schools, Ms. Fleming said there have been some outbreaks in schools and some schools have gone back to distance learning. She said many of the cases are in the younger, not vaccinated population. She said she has been talking to schools asking if FCPH can come to the schools and do vaccinations due to the fact that the younger, more mobile group is an area of concern.
In response to a question from Commissioner Preston asking how many teachers and essential works have been vaccinated, Ms. Fleming said about 70 percent of teachers are vaccinated and she does not have a specific category for essential workers; however, the 18-64 age group is about 48 percent vaccinated.
City of Fargo Temporary Employment Policy COVID-19 Pandemic Overtime Approved; Temporary Employment Policy Families First Coronavirus Response Act (FFCRA) Effective Through 5/31/21; City of Fargo Emergency Paid Leave Temporary Employment Policy COVID-19 Repealed:
Human Resources Director Jill Minette said there are three COVID-19 employment policies she would like to discuss. She said first is the COVID-19 Pandemic Overtime Temporary Policy, which is intended to supplement the City’s regular overtime and comp time policy as the regular overtime policy allows for overtime under emergency circumstances including an Emergency Declaration. With the discussion this evening related to the Emergency Declaration, she said, it was important to have a temporary policy in place to authorize overtime for non-exempt and exempt employees working on pandemic-related functions. She said the policy would extend overtime payments for non-exempt and exempt employees actively working in continued response to the pandemic and would cover periods of time when an Emergency Declaration may not be active; however, pandemic response efforts are ongoing. She said the second policy is the Family's First Coronavirus Response Act (FFCRA) Temporary Policy, which the City first adopted on April 1, 2020 to comply with the Federal Act and while FFCRA expired December 31, 2020, the City continued voluntarily offering paid leave under FFCRA based on guidance from the Department of Labor. She said the City would like to continue offering FFCRA leave through May 30, 2021 and then discontinue the policy at that time. The third policy is Emergency Paid Leave (EPL), she said, and the City would like to discontinue this policy effective today. She said the temporary policy was first adopted in March 2020 and reinstated in November 2020 in order to support departmental continuity of operation plans and staffing rotations necessary at that time; however, EPL is not needed at this time.
In response to a question from Commissioner Preston asking what percentage of employees are vaccinated, Ms. Minette said the vaccine has been widely available to employees over the last couple of weeks; however, the City has not asked employees to voluntarily self-report at this time so she does not know a number.
Commissioner Gehrig moved the policies be approved or repealed as presented.
Second by Strand. On call of the roll Commissioners Gehrig, Strand, Piepkorn, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay the motion was declared carried.
Emergency Declaration for the COVID-19 Pandemic Terminated: Action on Moratorium on Take-out and Delivery of Alcoholic Beverages and Other Policies Delayed until April 19, 2021:
Mayor Mahoney said the first Emergency Declaration was on March 16, 2020 and the City is now at a point where he would like to drop the Emergency Declaration; however, it can be brought back if conditions change and there would be a meeting of the City Commission to approve a new Emergency Declaration. He said he has been watching the wastewater testing and there was a jump in numbers last week; however, those numbers are coming down and the true incidence of the virus in the community is probably at a much lower rate than in the past and that number will continue to decline as more people are vaccinated. He said there are about 3,000 extra vaccines in the community and he has asked Fargo Cass Public Health, Sanford and Essentia to try walk-in clinics where anyone who wants to get a vaccine can get one without an appointment. He said Essentia, Sanford and FCPH have also volunteered to have nurses go to business with more than 500 employees to give vaccines. He said he and the Commissioners are strongly urging people to get the vaccine, which is safe. Those who get the vaccine will have fewer symptoms if they get COVID-19, he stated, and if someone has had COVID-19, the vaccine will protect them from the variants. He said is very important for people to think about getting the vaccine so everyone can have a nice summer.
Commissioner Preston moved the Emergency Declaration for the COVID-19 Pandemic be terminated.
Second by Gehrig.
In response to a question from Commissioner Strand asking if the Moratorium on delivered food and alcoholic beverages ends when the Emergency Declaration ends, City Attorney Erik Johnson said the Moratorium on takeout and delivery of food and alcoholic beverages was modified on October 19, 2020 and ends when the Emergency Declaration ends.
Commissioner Gehrig said the Commission should make those laws go away due to the fact that they are working and no one is complaining. He said the City Attorney should look at the laws and possibly change them permanently.
Commissioner Piepkorn said restaurants would prefer to have customers come in to eat, which is more profitable and employees get tips. The main reason for the Moratorium, he said, was to help restaurants and bars survive the pandemic. He said the Liquor Control Board could discuss it; however, he feels the majority of businesses would rather have customers come in.
Commissioner Strand said he does not want to assume anything and would like to know what the bars and restaurants want. He said he would rather continue the Moratorium and bring the topic back in two weeks due to the fact that no one knows the Moratorium is ending at midnight.
Commissioner Strand moved to delay action on Take-out and Delivery of Alcoholic Beverages and Other Policies until April 19, 2021 to allow time to hear about the successes and failures of the program from the restaurant and bar industry, as well as from law enforcement and public health officials.
Second by Piepkorn. On call of the roll Commissioners Strand, Piepkorn, Gehrig, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
On call of the roll on the original motion, as amended, Commissioners Preston, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay the motion was declared carried.
Presentation Regarding the Neighborhood Revitalization Initiative (NRI) Program:
Planning Director Nicole Crutchfield said the 2021 NRI Program funding from Gate City Bank is $2 million this year and it is important to the community with loan rates as low as 2.59% APR for 10- to 15-year options. She said loans can range from $10,000.00 to $75,000.00 and are available to owners of an owner-occupied residence that is 40 years or older with an assessed value of less than $250,000.00. Other requirements, she said, include automatic payments from a Gate City Bank checking account and all applicants are subject to credit qualifications and a home evaluation.
2020 Fargo Fire Department Annual Report:
Fire Chief Steve Dirksen said the Department earned accreditation from the Commission in Fire Accreditation International in 2020; however, the goal of proactive prevention, preparedness and public education programs was less than expected due to the pandemic. There were 7,312 EMS calls, he said, which was a 17 percent increase compared to 2019. Training in 2020 included water rescue teams, tripod set-up and shoring in trench rescues, he said, and five new recruits trained for eight weeks and 107 hours were spent on breathing apparatus repair and testing. He said weekly and monthly evaluations were done on emergency vehicles with the goal of maintaining an organization that effectively administers and manages the physical resources of the Department. He said 2020 tested the Department’s ability to be dynamic and staff was able to react quickly to continue to provide services and almost 97 percent of the staff has been vaccinated. He said calls for service in 2020 totaled 12,973, and those calls have steadily increased since 2011. He said Station 1, which serves the Downtown area, saw the most responses in 2020 with 3,654. The total dollar value due to fire loss in 2020 was $5.9 million, he said, a significant increase from 2019 due to the Elim and Woodchuck fires; however, the dollar value of total property saved in 2020 was $3.3 million. Response times continue to be a concern, he said, with the benchmark time of 6 minutes and 20 seconds compared to the current average of 8 minutes and 47 seconds. He said some of the other major accomplishments in 2020 included retaining the ISO Class 1 rating, which affects homeowner insurance rates, no stations were closed due to COVID-19 and development continued with the Red River Valley Unmanned Aircraft Systems Group.
In response to question from Commissioner Piepkorn regarding new South side stations and response times, Chief Dirksen said new stations would significantly reduce response times. He said in some of those areas, especially in the Station Eight and Station Nine areas, there are extended response times with many at 10 minutes or longer from when a call comes in to when the Department arrives on scene. He said Downtown had the most calls in 2020, averaging about 10 a day, and what may have to be explored is adding more personnel Downtown.
In response to a question from Commissioner Strand asking about the prevalence of apartment fires and is the City up to speed with codes, policies and zoning, Chief Dirksen said Fargo is the leader in the State and the region when it comes to adopting codes. He said there are some buildings built to older codes that are not required to have certain things; however, all new buildings have new codes.
Urban Grant Program Funds from NDDOT for 2nd Street North Pedestrian Bridge Accepted:
City Engineer Brenda Derrig said the City has been awarded funding for the 2nd Street North Pedestrian Bridge through the Urban Grant Program from the North Dakota Department of Transportation (NDDOT). She said the estimated costs for the project are approximately $3 million and the City would be responsible for design and construction fees, which are estimated at about $600,000.00. The City applied for funds in 2019, 2020 and 2021 for the bridge, she said; however, in 2019 Fargo did not receive funding and in 2020, only $1.1 million was awarded and due to changes in the CIP and partial funding of projects, those funds were not accepted. In 2021, the full $2.4 million request was awarded, which requires an 80/20 match.
Planning Director Nicole Crutchfield said over the years, there have been a number or projects and studies that contemplated the plaza and connection to the river.
Ms. Derrig said once the funds are accepted, the City will begin the RFP process for design and construction implementation in 2023. She said once that is completed, she will return to the City Commission with design options and will be seeking design confirmation.
In response to a question from Commissioner Gehrig asking if the assumption is the $600,000.00 gap funding would come from the TIF, Ms. Derrig said the City could also use sales tax or funding from the CIP.
Commissioner Gehrig said it is great the City is getting a grant for something it does not need. He said the City needs to fix potholes and bridges that are falling apart; the City does not need to spend money on a bridge no one needs. He said the grant needs to be denied and the focus should be on needs, not wants.
Commissioner Strand moved the Urban Grant Program funds from the NDDOT for the 2nd Street North Pedestrian Bridge be accepted.
Second by Preston. On call of the roll Commissioners Strand, Preston, Piepkorn and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.
Policy Change in the Tax Increment Financing Review Process Approved: Appropriate Staff Directed to Prepare a Renewal Plan and Development Agreement for a Project Located at 1702 1st Avenue North:
The Board received a communication from Director of Strategic Planning and Research Jim Gilmour stating the Tax Exempt Review Committee is recommending a change in the process for reviewing applications for Tax Increment Financing (TIF). He said the existing policy is for an initial review by the City Commission prior to staff working on a Renewal Plan and Development Agreement. The Tax Exempt Review Committee is recommending the Tax Exempt Review Committee, rather than the City Commission, do the initial review, he said, which would allow the Tax Exempt Review Committee to review the appropriateness of the first phase and the need for property tax incentives in the second phase of the review. He said there is one pending request for a TIF from Drekker Brewing and should the City Commission approve the TIF process change, the Tax Exempt Review Committee did review the Drekker application and recommended a financial review and staff begin working on a Renewal Plan. He said if the City Commission makes this change in the TIF process that work would begin. Should the City Commission not make the change, he said, he is asking that the request be reviewed and then the City Commission can decide if preparation of a financial review and Renewal Plan should begin. He said the current process is to bring requests for TIFs directly to the City Commission. The process changed about a year ago and the review process was moved from the Finance Committee to the Tax Exempt Review Committee since it also does the final review; therefore, if there is a project the Tax Exempt Review Committee does not like or does like a lot, then the Tax Exempt Review Committee can give some guidance early on rather than bringing it to the City Commission. He said the City Commission meetings are long and it is hard to bring in a project when the Tax Exempt Review Committee has not had any time to review it with staff. In response to a question from Commissioner Gehrig asking if the Tax- Exempt Review Committee denied it, could a business or company come to the City Commission instead, Mr. Gilmour said someone could appeal to the City Commission if an application is denied by the Tax Exempt Review Committee.
Commissioner Gehrig said he does not see any problem with the current system, this will not save time if something is denied and it is actually adding steps. He said this is putting a rubber stamp in the hands of unelected people.
Mr. Gilmour said it would save time due to the fact that the Commissioners will have more financial data when trying to determine a vote.
Commissioner Strand said he is open to having a discussion; however, he is not comfortable voting “yes” on anything tonight. He said TIFs and PILOTs are up in the air, the City Commission just had a meeting to start discussing this and all of a sudden there is a policy change. He said he is not inclined to turn the policy upside down right now. The second question is the Drekker proposal, he said, and it has not been advertised as a Public Hearing, which is standard procedure.
Commissioner Preston said what is confusing is two recommendations for two different scenarios. She said this particular motion is it to allow the financial review part of the process not about the actual approval of the TIF.
Mr. Gilmour said the applicant is stuck in a pipeline. The City Commission has not wanted to act on any TIF requests, he said; therefore, the Tax Exempt Review Committee said it could do it, that is probably a better way to start; therefore, the Tax Exempt Review Committee looked at this proposal and recommended the Drekker proposal should go to the review process. He said the current policy says it needs to go to the City Commission first so either the Commission should look at it or should agree with the policy change.
Commissioner Preston said if the Hyde project would have gone to the Tax Exempt Review Committee to determine whether a financial study would be done it would have had probably been a recommendation that it not proceed; however, it came to the City Commission first and Commissioners did not have the information nor the expertise to decide, yet decided not to go forward with it. She said it makes sense to her due to the fact that there are experts around the table at the Tax Exempt Review Committee who are deciding whether the City go forward with a financial study or not.
Commissioner Strand said for example the project where the developer wanted to put a park inside an apartment complex, the City Commission turned it down; therefore, why waste the applicant’s time if the City Commission is not inclined to say this is what it wants to do with TIFs.
Mr. Gilmour it would not be wasting time. He said if the financial analysis says it does not follow policy, it would not have been recommended.
Commissioner Piepkorn said this policy is only to have a financial study done, it is not why the City is doing incentives and where should the City be doing incentives. He said he hopes that question is still going to get addressed and maybe it is the timing here that is causing concern.
Mr. Gilmour said Drekker is trying to find out if they could get started this spring, timing is important and Drekker is looking for an answer.
Commissioner Strand said when the City Commission votes down some of these TIFs it is three to two votes; therefore, the City Commission is not unified and not consistently on the same page.
Commissioner Piepkorn said the City Commission does not have to be unanimous, that is what makes this successful and there are different votes with different mixes of people and that is how the system works. He said it is not complicated and he recommends this due to the fact that it is cleaning up the process.
Commissioner Preston moved the policy change for the Tax Increment Financing review process be approved and that appropriate staff be directed to prepare a Renewal Plan and Development Agreement for a project located at 1702 1st Avenue North.
Second by Piepkorn. On call of the roll Commissioners Preston, Piepkorn and Mahoney voted aye.
Commissioners Gehrig and Strand voted nay.
The motion was declared carried.
Second Reading and Final Adoption of an Ordinance Amending Section 25-1512 Through 25-1515 and Enacting Sections 25-1513 Through 25-1517 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Restrictions on Sale, Service or Dispensing of Alcoholic Beverages:
In response to a question from Commissioner Strand asking for an explanation of the Ordinance, Assistant City Attorney Nancy Morris said the Ordinance changes the makeup of the Liquor Control Board and the review process for some violations.
Commissioner Preston moved that the proposed Ordinance Amending Section 25-1512 through 25-1515 and Enacting Section 25-1513 Through 25-1517 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Restrictions on Sale, Service or Dispensing of Alcoholic Beverages, which was received and filed on March 8, 2021, and was placed on its first reading on March 22, 2021, be now placed on its second reading and a vote taken on the question of its final passage and adoption.
Second by Strand. On call of the roll Commissioners Preston, Strand, Piepkorn and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.
There was unanimous consent to waive reading of the Ordinance in its entirety and no one was present to request that the Ordinance be read.
On the vote being taken on the question of the final passage and adoption of the Ordinance Commissioners Preston, Strand, Piepkorn and Mahoney voted aye.
Commissioner Gehrig voted nay.
The Ordinance was duly passed and adopted.
Update on the City of Fargo and Municipal Airport Authority Separation Process:
City Attorney Erik Johnson said the Mayor and Municipal Airport Authority have been negotiating a new Memorandum of Understanding (MOU) which has resulted in a term sheet that identifies what the goals are and in this particular case, the goal both parties have endorsed is to have a separation of the Airport from the City in terms of the services the City provides, including Finance, Human Resources and Information Technology. He said there would still be a supportive and cooperative relationship; however, the Airport would obtain those services independent of the City. The Airport will present a proposal as to how it is going about separating from the City by April 15th, he said, and the City will review the proposal and have an opportunity to ask questions and ultimately if things progress as planned, there would be an amended MOU drafted and presented to the City Commission for formal approval. He said part of the approval would be a Transition Agreement and the transition process would end by December 31, 2021.
Mayor Mahoney said the new path forward is to have an independent, separate, autonomous Municipal Airport Authority, there will still be some statutory connection to the City and the Mayor and the Commission will appoint the Airport board. He said Airport employees are no longer City employees, they will have their own processes, practices and funding. He said many in the City and on the City Commission have worked on this and he wants to keep the public informed on the progress.
Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Monday, April 19, 2021.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 8:01 o’clock p.m.