Fargo City Commission - March 21, 2022 Minutes
The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Chambers at City Hall at 5:00 o'clock p.m., Monday, March 21, 2022.
The Commissioners present or absent were as shown following:
Present: Gehrig, Piepkorn, Preston, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.
Mayor Mahoney read a message with the following information: A site visit done for Fargo Cass Public Health Family Planning Program received positive feedback; upcoming Library programs include Teen Time, Tech Kids Camp and Red River Valley Kids Read project and the Wiggle Room has reopened; and a video of the St. Patrick’s Day parade was viewed.
Order of Agenda Approved:
Commissioner Piepkorn moved the Order of the Agenda be approved.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
Minutes Approved:
Commissioner Preston moved that the Minutes of the Regular Meeting of the Board held on March 7, 2022 be approved as read.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
Consent Agenda Approved:
Commissioner Strand moved the Consent Agenda be approved as follows:
1. 2nd reading and final adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Golden Valley Sixth Addition to the City of Fargo, Cass County, North Dakota; 1st reading, 3/7/22.
2. Receive and file communication from Justin Nachatilo regarding the appeal of the decision of the Civil Service Commission and set a date for a hearing.
3. Site Authorizations for Games of Chance:
a. Plains Art Museum at District 64.
b. Red River Human Services Foundation at Northern, Sickies and The Elks Lodge #260.
4. Applications for Games of Chance:
a. Jaxson Thomsen Benefit for a raffle on 4/29/22; Public Spirited Resolution.
b. GiGi’s Playhouse Fargo for a raffle on 3/25/22.
c. Fargo Youth Hockey Association for a raffle board on 3/24/22.
5. Memorandum of Offer to Landowner for Easement (Temporary Construction Easement) with Swanson Health Products, Inc. (Project No. FM-14-71).
6. Encroachment Agreement with Sterling Properties LLLP at 415 7th Street South.
7. Bid award to Master Construction Company, Inc. in the amount of $834,705.00 for Project No. SR-22-A1 and to Northern Improvement Company in the amount of $141,922.00 for Project No. UR-21-A1.
8. Bid advertisement for the Project Nos. SL-22-A and TN-22-B.
9. Repealing of the COVID-19 Pandemic Overtime Temporary Employment Policy effective 3/29/22.
10. Subrecipient Agreement with Churches United for the Homeless.
11. Application for Appropriation in the amount of $10,939.00 from Civil Asset Forfeiture Fund to purchase camera replacements as presented.
12. Direct the City Attorney to prepare amendments to Fargo Municipal Code Section 1-0305, as it relates to the classification of penalty for “overweight vehicles” and “restricted use on streets.”
13. Memorandum of Understanding with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
14. Agreement for Services with Valley Veterinary Hospital, P.C.
15. 2022 budget adjustment for the acquisition of 2414 7th Avenue North.
16. Authorization Application for Airborne Vector Control.
17. Extension of the Mosquito Spraying Agreement with Airborne Vector Control, LLC for 2022 (RFP18018).
18. Bid award to JT Lawn Services and Landscaping Inc. and Valley Green and Associates for Lawn Maintenance Services (RFP22037).
19. Change Order with Bailey Nurseries, Inc. for additional trees in 2022 (RFP21122).
20. Extension of the Services Agreement Landscape Maintenance Services with Valley Green and Associates for one additional year (RFP19075).
21. Contract and bond for Project No. PR-22-A1.
22. Bills in the amount of $14,019,667.29.
Second by Preston. On call of the roll Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Contract for Asphalt Paving Rehab/Reconstruction Improvement District No. PR-22-G1 Approved:
Commissioner Strand moved the Contract between the City of Fargo and Northern Improvement Company for Asphalt Paving Rehab/Reconstruction Improvement District No. PR-22-G1 in the City of Fargo, North Dakota, be approved.
Second by Preston. On call of the roll Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Contract Bond for Asphalt Paving Rehab/Reconstruction Improvement District No. PR-22-G1 Approved:
Commissioner Strand moved the following described Contract Bond be approved as to sufficiency:
Western Surety Company, in the amount of $1,195,835.00, for Asphalt Paving Rehab/Reconstruction Improvement District No. PR-22-G1 in the City of Fargo, North Dakota.
Second by Preston. On call of the roll Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Alley Paving Improvement District No. AN-22-A (9th Avenue to 10th Avenue North Between 2nd Street and 3rd Street North):
Commissioner Strand moved the following action be taken in connection with Alley Paving Improvement District No. AN-22-A:
Adopt Resolution Creating Improvement District No. AN-22-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. AN-22-A in the City of Fargo, North Dakota, be created
From 9th Avenue to 10th Avenue North between 2nd Street and 3rd Street North.
COMPRISING:
Lots 1 through 10, Block 1.
All in Truesdell's Addition.
All of the foregoing is located in the City of Fargo, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That Alley Paving Improvement District No. AN-22-A in the City of Fargo, North Dakota, be and the same is hereby created.
Request Report and Estimate of Cost from the City Engineer for Improvement District No. AN-22-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. AN-22-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 $92,099.70.)
Order Plans and Specifications for Improvement District No. AN-22-A:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. AN-22-A in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. AN-22-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. AN-22-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. AN-22-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 Alley Paving 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 Alley Paving Improvement District No. AN-22-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 Alley Paving 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.
Direct City Auditor's Office to Call for Bids for Improvement District No. AN-22-A:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. AN-22-A in the City of Fargo, North Dakota.
Second by Preston. On call of the roll Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
New Paving and Utility Construction Improvement District No. BN-22-J (On 67th Avenue South, and 27th and 28th Streets South):
Commissioner Strand moved the following action be taken in connection with New Paving and Utility Construction Improvement District No. BN-22-J:
Adopt Resolution Creating Improvement District No. BN-22-J:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BN-22-J in the City of Fargo, North Dakota, be created
On 27th Street South from 67th Avenue South to 28th Street South, and on 28th Street South from 67th Avenue South to 27th Street South.
COMPRISING:
Lots 1 through 6, Inclusive, Block 1.
All platted within Golden Valley Third Addition.
The unplatted land in the northeast quarter of Section 11, T138N, R49W lying north of the platted lots in Golden Valley Fifth Addition, south of 67th Avenue South, east of Cass County Drain 53 and west of the platted lots in Golden Valley Third Addition (All to be platted as Golden Valley Sixth Addition).
All the foregoing located in City of Fargo, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That New Paving and Utility Construction Improvement District No. BN-22-J 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-22-J:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-22-J 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 $767,528.25.)
Order Plans and Specifications for Improvement District No. BN-22-J:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BN-22-J in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-22-J:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-22-J 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-22-J 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 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-22-J 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 81% 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.
Direct City Auditor's Office to Call for Bids for Improvement District No. BN-22-J:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BN-22-J in the City of Fargo, North Dakota.
Second by Preston. On call of the roll Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
New Paving and Utility Construction Improvement District No. BN-22-K (Various Locations in South Fargo):
Commissioner Strand moved the following action be taken in connection with New Paving and Utility Construction Improvement District No. BN-22-K:
Adopt Resolution Creating Improvement District No. BN-22-K:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BN-22-K in the City of Fargo, North Dakota, be created
On Crossroads Drive between 42nd Street South and 23rd Avenue South.
On 41st Street South between 23rd Avenue South and Crossroads Drive.
To be platted in Crossroads Corporate Center Addition.
COMPRISING:
All the unplatted land located in the Northeast quarter of Section 22, T139N, R49W. Bounded on the south by 23rd Avenue South and Interstate Business Park Addition. Bounded on the west by 42nd Street South.
To be platted in Crossroads Corporate Center Addition.
All of the foregoing is located in the City of Fargo, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That New Paving and Utility Construction Improvement District No. BN-22-K 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-22-K:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-22-K 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 $3,976,608.71.)
Order Plans and Specifications for Improvement District No. BN-22-K:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BN-22-K in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-22-K:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-22-K 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-22-K 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 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-22-K 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 New Paving and Utility Construction 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.
Direct City Auditor's Office to Call for Bids for Improvement District No. BN-22-K:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BN-22-K in the City of Fargo, North Dakota.
Second by Preston. On call of the roll Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Concrete Paving Rehab/Reconstruction Improvement District No. PR-22-C (13th Avenue South from 28th to 38th Streets South):
Commissioner Strand moved the following action be taken in connection with Concrete Paving Rehab/Reconstruction Improvement District No. PR-22-C:
Adopt Resolution Creating Improvement District No. PR-22-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. PR-22-C in the City of Fargo, North Dakota, be created
On 13th Avenue South from 28th Street South to 38th Street South.
COMPRISING:
Lot 1, Block 1, A.J.'s Addition.
Lots 1 through 3, Block 1, Boehm Addition.
Lot 1, Block 1, Cedar Crest 1st Addition.
All in Replat of Lot 1, Block 2, Runck's 1st Addition.
Lot 1, Block 1, Helenske's 1st Addition.
Lots 1 and 2, Block 1, Holtan 1st Addition.
Lot 1, Block 1, Hooters Fargo Addition.
All in Replat of Lot 2 & part of Lot 3, Block 5, Westrac 1st Addition.
And part of Lot 1, Block 1, Helenske's 1st Addition.
Lots 1 through 6, Block 1, Hub Addition.
Lots 1 through 9, Block 4B.
Lots 1 through 10, Block 4C.
Lots 1 through 10, Block 4D.
All in Replat of Block 4 of Hub Addition.
Lot 1, Block 1, Nortech Addition.
All in Replat of part of Lots 4 and 6, Block 3 of Westrac 2nd Addition.
Lots 1 and 2, Block 1, Holtan 1st Addition.
All in Replat of Lot 6, and part of Lot 7, Block 5, Westrac 1st Addition.
And part of the SW 1/4.
Lots 6 and 7, Block A.
Lots 8 and 9, Block B.
All in Morton's Subdivision.
Lot 1, Block 1, Muscatell Subdivision.
Lots 2, 4 and 5, Block 1.
Lots 1 through 3, Block 2.
Lot 1, Block 3.
Lots 1 through 12, Block 4.
All in Interstate Park Addition.
Lots 1 and 2, Block 1.
All in Interstate Park 2nd Addition.
Lots 1 and 2, Block 1, Pulkrabek's 1st Addition.
Lots 3 and 4, Block 1, Runck's 1st Addition.
Lot 2, Block 1, Runck's 2nd Addition.
All in Replat of Lot 2, Block 1 of Runck's 1st Addition.
Lot 1, Block 1, Runck's 3rd Addition.
All in Replat of Lot 2, Block 1 of Runck's 2nd Addition.
Lots 1 and 2, Block 1, Runck's 4th Addition.
All in Replat of Lot 1, Block 1, Runck's 1st Addition, Lot 2 Block 1, Runck's 3rd Addition.
And part of the SW 1/4.
Lot 1, Block 1, Lexli 1st Addition.
All in Replat of Lot 5, Block 5, Westrac 1st Addition and part of the SW 1/4.
Lot 1, Block 1.
Lots 1 through 8, Block 2.
Lots 1 and 2, Block 3.
All in Saks Addition.
Lots 1 through 3, Block 1, Sisters of Mary Addition.
Lots 1 through 26, Block 4.
Lots 17 through 21, Block 5.
All in Westgate Village Addition.
Lots 1 through 4, Block 1.
Lots 1 and 7, Block 2.
All in Replat of Block 1 of Westgate Village Addition.
Lots 1 through 11, Block 1A.
All in Replat of Block 3 of Westgate Village Addition.
Lots 1 through 4, Block 1.
Lots 1 through 9, Block 2.
Lots 1 and 2, Block 3.
Lots 1 through 3, Block 4.
Lots 1, 3, 4, 7 and 8, Block 5.
All in Westrac 1st Addition.
Lots 1 through 5, Block 2.
Lots 1 through 17, Block 3.
Lots 1 through 7, Block 4.
All in Westrac 2nd Addition.
All in Replat of part of Morton's Subdivision and part of Tennefos' 1st Subdivision.
Unplatted land in SW 1/4 of Section 11, Township 139, Range 49.
All of the foregoing is located in the City of Fargo, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That Concrete Paving Rehab/Reconstruction Improvement District No. PR-22-C 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-22-C:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PR-22-C 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 $5,771,873.52.)
Order Plans and Specifications for Improvement District No. PR-22-C:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. PR-22-C in the City of Fargo, North Dakota.
Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. PR-22-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. PR-22-C 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-22-C 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 Concrete Paving Rehab/Reconstruction 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 Concrete Paving Rehab/Reconstruction Improvement District No. PR-22-C 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 Concrete Paving Rehab/Reconstruction improvement is to be paid from State and Local Funds, and approximately 22% 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 Concrete 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-22-C:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. PR-22-C in the City of Fargo, North Dakota.
Second by Preston. On call of the roll Commissioners Strand, Preston, Gehrig, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Resident Comments:
Branden Krieger, Will Thompsen, Max DeVos and Victoria Johnson spoke on the Authentic Housing proposal and housing needs; Christopher Coen spoke about possible internal communication efficiencies; Brian Zastoupil and Richard Thomas spoke on the Wildlife Management Program.
Application to Transfer the Alcoholic Beverage License for Advanced Hospitality d/b/a Expressway Suites Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "ABH-Limited" Alcoholic Beverage License for Advanced Hospitality d/b/a Expressway Suites at 4303 17th Avenue South due to an ownership change, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
Commissioner Piepkorn moved the application be approved.
Second by Gehrig. On call of the roll Commissioners Piepkorn, Gehrig, Preston, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Amendment to the Growth Plan on Legacy I Seventh Addition Approved:
A Hearing had been set for this day and hour to consider approval of an amendment to the Growth Plan on the proposed Legacy I Seventh Addition from Low-to-Medium Density or Medium-to-High Density residential to commercial.
The Fargo Planning Commission recommended approval of the amendment to the Growth Plan at its January 4, 2022 meeting.
No written protest or objection to the amendment to the Plan has been received or filed in the Planning and Development Department.
The Board determined that no person is present to protest or offer objection to the Growth Plan amendment.
Commissioner Preston moved the amendment to the Growth Plan be approved.
Second by Gehrig. On call of the roll Commissioners Preston, Gehrig, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Parcels of Land in Legacy I 7th Addition Rezoned (6155 24th Street South):
At a Hearing held on January 4, 2022 the Fargo Planning Commission recommended approval of a change in zoning from SR-4, Single-Dwelling Residential to GO, General Office with a C-O, Conditional Overlay.
The City Auditor's Office published a Notice of Hearing stating this is the time and date set for said Hearing at which time all interested persons could appear and would be heard.
Current Planning Coordinator Donald Kress said the applicant proposed the zone change due to their main goal of developing a daycare serving more than 13 children and may also develop some neighborhood serving offices on the property. He said the Growth Plan Change is due to it being currently designated as low density residential and the applicant has gone through the necessary steps for the amendment. The plat keeps the lot about the same size, he said; however, it removes a negative access easement along 62nd Avenue and dedicates some additional easements for 25th Street.
Commissioner Preston offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.
Second by Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Preston, Gehrig, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Legacy I Seventh Addition to the City of Fargo, Cass County, North Dakota:
Commissioner Preston moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that the Ordinance Rezoning Certain Parcels of Land Lying in Legacy I Seventh Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.
Second by Gehrig. On call of the roll Commissioners Preston, Gehrig, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Resolution Adopted Approving Legacy I Seventh Addition:
Commissioner Preston offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled "Legacy I Seventh Addition" containing 1 Lot, 1 Block and 1.89 acres of land more or less, located at 6155 24th Street South; and
WHEREAS, A Hearing was held January 4, 2022 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on March 9 and 16, 2022 that a Hearing would be held in the Commission Chambers, City Hall, Fargo, North Dakota at 5:15 p.m., March 21, 2022 at which time said Plat would be considered and all interested persons would be heard.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled "Legacy I Seventh Addition" be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.
Second by Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Preston, Gehrig, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
Renewal Plan and Developer Agreement for Tax Increment Financing District No. 2021-04 Approved:
A Hearing had been set for March 7, 2022, to review a Renewal Plan and Developer Agreement for Tax Increment Financing (TIF) District No. 2021-04 for development of property at 1418 1st Avenue North. The project will be a 90-unit apartment building with parking on the main floor.
At the March 7, 2022 Regular Meeting, the Hearing was continued to this day and hour.
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.
Strategic Planning Director Jim Gilmour said the project is to demolish and cleanup the site of a warehouse destroyed by fire in 2020 and build a 90-unit apartment building with enclosed parking. Construction work would begin in 2022, he said, and be completed by the end of 2023. TIF money of approximately $3 million would be used for demolition of the remaining structure, site clean-up to address any poor soil conditions, land acquisition, public works improvements and administration, he said. TIF funds would also be used to construct NP Avenue between 14th and 14 1/2 Streets North, he said. The estimated annual TIF income is about $168,000.00 a year, he said, and the length of the TIF district would be about 11 years following the completion of the project. The benefit to the developer would be about 9 of the 11 years the TIF is in place, he stated, with the first two years going to the developer, the years 4 to 5 being prorated between the developer and the City and the final 5 years going to the developer. The City’s financial adviser PFM reviewed the project, he said, and stated, “The estimated internal rate of return is appropriate given the risk level for this type of project. Based on the information provided to PFM, the calculated internal rate of return and the coverage requirements, PFM concludes the project would not be feasible without public assistance.” He said the name J-Street comes from the name of the street prior to it being assigned a number.
In response to a question from Commissioner Gehrig asking how much of the TIF is going to the cost of the land, Mr. Gilmour said $750,000.00.
Commissioner Gehrig said he was torn on this due to the blighted area; however, he feels that is overly generous and the fact they overpaid for land is not the City’s problem.
Mr. Gilmour said the demo may be higher than in the agreement due to environmental factors and they face additional risk due to unknown clean-up costs.
Commissioner Piepkorn said the area looks better than it did a few months ago, and it will be a great project for that part of the City.
Commissioner Strand said he would like to see a really specific definition of blight.
In response to a question from Commissioner Strand asking with the unknown contamination factor, does the applicant get that portion of the TIF if the potential is not there, Mr. Gilmour said it is capped at $1.25 million and there will be documentation of all those costs.
Commissioner Preston said she has always had the question about including the land over and beyond the assessed value. She said that does need to be addressed as a policy issue.
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. 2021-04 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. 2021-04 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. 2021-04 requires the powers and authority granted in Chapter 40-58 NDCC.
5. That the Renewal Plan for Tax Increment Financing District No. 2021-04 is officially adopted by the Board.
6. That a Developer Agreement 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 declared adopted.
2nd Reading and Final Adoption of an Ordinance Repealing Section 2-0106 of Article 2-01 of Chapter 2 of the Fargo Municipal Code Relating to Term Limits for City Commission Members:
Assistant City Attorney Erik Johnson (via conference call) said this Ordinance repeals the current term limits Ordinance so that what is presented to the voters is a replacement Ordinance with minor adjustments in language addressing the litigation from last year and expecting the question be put before the voters at the next City election.
Commissioner Gehrig moved to waive second reading at length of an Ordinance Repealing Section 2-0106 of Article 2-01 of Chapter 2 of the Fargo Municipal Code Relating to Term Limits for City Commission Members.
Second by Preston. On call of the roll Commissioners Gehrig, Preston, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Commissioner Gehrig moved that the Ordinance Repealing Section 2-0106 of Article 2-01 of Chapter 2 of the Fargo Municipal Code Relating to Term Limits for City Commission Members, which was placed on its first reading March 7, 2022, be now placed on its second reading and a vote taken on the question of its final passage and adoption.
Second by Preston. On call of the roll Commissioners Gehrig, Preston, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Ordinance was duly passed and adopted.
Resolution Adopted Proposing a Term Limits Ordinance to be Placed Before the City Voters at the June 2022 Election:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, Fargo Municipal Code Section 1-0210 authorizes the Board of City Commissioners to submit proposals for enactment of an Ordinance to the City voters; and
WHEREAS, The Board of City Commissioners finds it desirable and appropriate to propose for Citywide vote an Ordinance establishing certain limitations on the number of consecutive terms in office that a member of the City Commission may serve; and
WHEREAS, An existing City Ordinance establishing term limits having been repealed by the Board of City Commissioners.
NOW, THEREFORE, BE IT RESOLVED That an Ordinance establishing term limits for members of the City Commission be proposed to the voters as follows:
Section 1. Enactment.
2-0106. Limitation on terms. No member of the Board of City Commissioners may serve more than three (3) successive four-year terms; provided that such term limitation shall be subject to the following:
A. Any member elected to a term of less than four years as a result of a vacancy on the Board shall be eligible to serve three additional four-year terms and any such partial term or terms shall not be deemed to interrupt a succession of four-year terms.
B. Any member who has completed three successive four-year terms shall not be eligible for re-election until the next regular election following the expiration of such member's third successive term.
C. Any member who has served in the capacity of Mayor, as well as City Commissioner, may not serve more than four (4) successive four-year terms.
Section 2. Effect on Seated Members of City Commission.
In addition to being applicable to future members of the Board of City Commissioners, this Ordinance shall also be applicable to any members of the Board of City Commissioners holding office at any time during the period of January 1st through July 1st, 2022.
Section 3. Effective Date.
This Ordinance shall become effective ten days after the Election results have been certified.
BE IT FURTHER RESOLVED That said proposed Ordinance be placed before the voters at the City Election to be held June 14, 2022.
Second by Preston. On the vote being taken on the question of the adoption of the Resolution Commissioners Gehrig, Preston, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.
Sample Ballot Language Regarding the Term Limits Ordinance Received and Filed:
City Auditor Steve Sprague proposed the following draft ballot language regarding the term limits Ordinance to be voted upon at the June 14, 2022 Election:
“Shall a Fargo City Ordinance establishing certain term limits be enacted, in which no member of the Board of City Commissioners may serve more than three (3) successive four-year terms and in which any member who has served in the capacity of Mayor, as well as City Commissioner, may not serve more than four (4) successive four-year terms, all as provided in the Notice of Proposed Fargo City Ordinance as published in The Forum on the _ day of _ 2022? Shall such Ordinance be approved? Yes or No.”
Commissioner Gehrig moved the sample ballot language regarding the term limits Ordinance be received and filed.
Second by Preston. On call of the roll Commissioners Gehrig, Preston, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay the motion was declared carried.
Plans for Improvement District No. BR-22-A1 Revised (32nd Avenue South Reconstruction Project): Project to be Rebid:
Assistant City Engineer Tom Knakmuhs said it was reported at the February 22, 2022 City Commission meeting three bids were received by the ND Department of Transportation for the 32nd Avenue South Reconstruction Project. All three were more than 40 percent over the Engineer’s Estimate, he said, and it is State law that the City must reject bids when the low bid is more than 40 percent over the Engineer’s Estimate. In order to keep federal funds for the project it does need to be rebid no later than November of this year, he stated. City staff and consultants met with representatives from each of the contractors who bid the project to better understand why bid prices were high, that feedback was evaluated, he said, and core issues impacting the project costs were identified. Some of the issues are labor shortages, material shortages and inflation, he said, and other issues that may be controlled are the project schedule, work zone/constructability and time of the bid letting. There is a lot of concern about being able to complete the project on time, he said, with material delivery and time of bid opening being a concern. If phasing is done, he said, there are periods when contractors cannot perform work, and one contractor stated they would need to work 7 days a week with no rain all summer to complete it on time. He said the schedule would be affected by having to move crews on and off sites, temporary pavement sections, multiple traffic control changes and slower production rates due to the confined site. He compared it to the Main Avenue construction project which had a larger right-of-way and work area and he said, 32nd Avenue has a much deeper storm sewer and sanitary sewer installation. He said a big part of the site constraint has to do with there not being any on-site staging area plus there are concerns with the deep trenches and slope stability. He said the sooner a project can be bid and the more flexibility a contractor is allowed, the more risk and cost reduction can be attained. The three options being proposed are for the same design, he said, just different phasing/constraints on how the project will be built. He said staff is proposing three offers to consider:
Option 1: Same as originally bid. Maintains one driving lane in each direction on existing roadway, bid in 2022 with all work taking place in 2023.
Pros - maintains a driving lane in each direction with minimal changes to plan.
Cons - does not address feedback, no meaningful cost savings, congested traffic, inflation costs will increase.
Option 2: Maintains one driving lane in each direction by utilizing boulevard area, bid in 2022, likely building temporary driving lanes in 2022 and all remaining work in 2023.
Pros - maintain driving lane, area for contractor.
Cons - takes out sidewalks, trees, pavement drainage issues, relocate utilities.
Option 3: Close roadway to through-traffic and reconstruct in phases (similar to Main Avenue), bid in 2022, some work in 2022 and all remaining work in 2023.
Pros - wider work zone, staging area, faster completion, saves trees and pedestrian access, reduce risk, decrease project costs.
Cons - need to close road in phases and detour traffic, plan revisions take 3 weeks, is not what was communicated to public, need access agreement for some properties.
He said the timeline depends on the decision on the option and time is needed to communicate any new plan to the public. He would like to submit plans to the NDDOT in April and hopefully bid the project June 10th with the NDDOT and have a contract award in late June or early July.
Commissioner Piepkorn said the reconstruction of 19th Avenue North hurt many small businesses and he has concerns about the impact of this project on the businesses on 32nd Avenue South when the entire road is closed in this heavy traffic area. He would like to see a better idea on how to help those businesses survive, he stated.
In response to a question from Commissioner Preston asking about the public input and how the businesses concerns will be incorporated if an option is approved now, Mr. Knakmuhs said many lessons have been learned which would be implemented. He said a big part is to get input from the public on what they feel would be beneficial if the project goes forward with phasing. The ideas he envisions that would be vetted with the consultant team, he said, is to construct in three phases of about 70-80 days per phase, leaving 22nd Street open the entire time. He said 25th Street would be reconstructed in halves, always keeping the north-south movement, Phase 1 is what could be constructed this year, he said. Once he has direction, he said, redesign will begin and an updated Engineer’s Estimate will be brought to the Commission.
Commissioner Gehrig said he feels having one lane open for a long period of time will slow traffic down dramatically and frustrate people.
In response to a question from Commissioner Strand asking if contractors work at night, Mr. Knakmuhs said there are times they do, often for things such as water or sewer tie-ins. He said most of the contractors are not set up to perform work at night, and City staff is not set up to oversee overnight projects. Production rates fall at night and safety concerns increase, he said, and if routes are detoured, there is not a lot of benefit to working at night.
Commissioner Piepkorn said there are early completion incentives and other things that can be done to encourage production. He said it stays light outside until 10:30 p.m. allowing longer hours; however, that is the construction company’s decision, not the City’s.
Mr. Knakmuhs said initially incentives were set at $10,000.00 per day for early completion; however, that did not entice anyone due to them feeling it was not achievable. He said if phasing is changed, incentives would be re-evaluated.
Mayor Mahoney said this project differs from the 19th Avenue North project in that there are good roads and access behind businesses on each side of that road for alternative routing.
In response to a question from Commissioner Strand asking whether there are options to move in or out of the project that would give some room to pare back yet continue if skyrocketing costs and limited abilities continue, Mr. Knakmuhs said the more flexibility and time given, the more contractors that may be enticed to bid a project which can result in better bids. He said the challenge is limiting the time for phasing and detouring traffic, which is attractive to contractors; however, the public may not be happy with the rate at which work takes place.
Commissioner Gehrig moved plans for Improvement District No. BR-22-A1 be revised to include Option 3 and direct the Engineering Department to rebid the project.
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
Action Regarding the Wildlife Management Program Delayed an Additional 90 Days:
Assistant City Administrator Michael Redlinger said discussions are ongoing with the Game and Fish Department, Sand Hills Archery Club and the Fargo Park District. He said 60-90 additional days is necessary for these discussions to continue and asks that action be held over.
Commissioner Piepkorn said there is progress being made; however, additional time is needed.
Commissioner Piepkorn moved action regarding the Wildlife Management Program be delayed an additional 90 days.
Second by Gehrig. On call of the roll Commissioners Piepkorn, Gehrig, Strand, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
City Auditor Steve Sprague Appointed Interim Finance Director:
City Administrator Bruce Grubb said Finance Director Kent Costin will retire effective the close of business on April 1, 2022. In the interim period before a new Finance Director is in place, the City desires to designate an Interim Finance Director, he said, and the recommendation is that City Auditor Steve Sprague be appointed until the start date of the permanent Finance Director. Mr. Sprague is not a candidate for the position of Finance Director and has served as City Auditor since 1999, he said, and has worked closely with the Finance Department team. He said as far as hiring the new Finance Director, a round of virtual interviews was held today with four candidates and a fifth interview is scheduled for Thursday.
Mayor Mahoney said interviews will likely be wrapped up this month and reasonably a hire may not join the City for two months. He said budget time is happening now and there are some grants and issues the Finance Department needs to get out soon, so Mr. Sprague will very much be a part of that.
In response to a question from Commissioner Strand asking how the candidate search was conducted, Mr. Grubb said the net was cast wider than usual, utilizing advice from DEI Director Terry Hogan to hit some national publications that have not been used in the past. He said recruiting is difficult at this point in time.
Mayor Mahoney said many of the candidates commented on how well Fargo was run. It was nice to hear the compliments and that they thought the Commission ran a tight ship, he said.
Commissioner Strand moved City Auditor Steve Sprague be appointed as Interim Finance Director effective the close of business on April 1, 2022.
Second by Gehrig. On call of the roll Commissioners Strand, Gehrig, Piepkorn, Preston and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.
Resolution Adopted to Show Support for Ukraine’s Fight for Democracy:
Commissioner Preston said she wants to make sure that Fargo shows support for what both the State and Federal level is trying to do and looks at its own investments. She said she is proposing a Resolution that addresses the City’s investments in Russian businesses and contracts the City has with companies still operating in Russia. She said everyone has been watching Russia’s invasion of Ukraine in horror and she personally knows people with family in harm’s way. Baker Tilly just happens to be one company identified, she said, and she believes they are starting efforts to remove business from Russia and this Resolution would be to encourage them and would be true for other contractual arrangements. This does not, nor was it intended to, impact any other companies that happen to be in Fargo and do business with Russia. She said she is only talking about those the City has contracts with.
Commissioner Preston moved offered the following Resolution and moved its adoption:
WHEREAS, Fargoans have family and friends who are caught in the conflict in Ukraine or are fleeing Ukraine; and
WHEREAS, The Russian invasion into Ukraine has been a horrible event for all to watch over the past weeks; and
WHEREAS, The City of Fargo contracts for services with Baker Tilly and with potential other companies which continue to do business in Russia; and
WHEREAS, The United States has placed heavy sanctions on Russian businesses, oligarchs and political leaders to inflict economic pain in an effort to stop the Russian aggression; and
WHEREAS, The State of North Dakota is removing investments from Russian companies in order to defund the Russian aggression; and
WHEREAS, Ukraine is fighting with all their might to save their democracy.
NOW, THEREFORE, BE IT RESOLVED, That the City of Fargo will communicate to Baker Tilly urging them to pull their business out of Russia until the day the Russian military and political appointees leave Ukraine
FURTHERMORE, The Fargo City Commission will direct staff to identify all businesses with which we have a contractual relationship still doing business with Russia and communicate the same.
FURTHERMORE, The City Commission will direct staff to examine any and all City investments for ties to Russian companies and disinvest in those companies.
Second by Strand. On the vote being taken on the question of the adoption of the Resolution Commissioners Preston, Strand, Piepkorn, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay the Resolution was adopted.
Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Monday, April 4, 2022.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 6:15 o’clock p.m.