Fargo City Commission - April 11, 2023 Special Meeting

Agreeable with a call for a Special Meeting issued by Mayor Mahoney, the Board of City Commissioners of the City of Fargo, North Dakota, convened in a Special Meeting in the City Commission Chambers at City Hall at 9:00 o'clock a.m., Tuesday, April 11, 2023.

The Commissioners present or absent were as shown following:
Present: Kolpack, Piepkorn, Strand, Mahoney.
Absent: Preston.
Mayor Mahoney presiding.

Mayor Mahoney said there are some flood contracts that need Commission action now rather than waiting until next week.

Flood Action Items:
Division Engineer Nathan Boerboom shared the slides shown recently at a press conference including graphs of updated melt simulation. It was a longer than normal winter, he said, thus the need to focus on 50% probability and higher of a 34.2 to a 39-foot eventual river crest. He shared protection plans and the need for potential emergency measures. Current planning is for a 38-foot river crest, he said; however, emergency measures will not be deployed until the actual crest is forecast by the National Weather Service. The initial deterministic forecast suggests the river will reach 29 feet a week from today, he said, and these forecasts are updated around noon daily moving forward. There are a handful of emergency contracting items that need to be approved today, he said. The request was for hourly rates for equipment and labor with various scenarios, he said, and past performance and ability to build levies on a timely manner were considered. He said contracts are written so there is no cost if no emergency measures are deployed.

Public Works Director of Operations Ben Dow said staff recommends low bidder Reile’s Transfer and Delivery, Inc. to handle filled sandbags as they have done it many times in the past. Four bids were received for emergency pumps, he said, and staff recommends the contract be awarded to United Rentals. Pumps will likely be set up next week at a 28-foot flood level, he said, due to being at 100% pumping capacity at that time and gates to the river will be closed.

Flood Emergency Contract Awards Approved:
a. Washed Sand, Pit Run Sand, Class 5, Crushed Concrete & Crushed Rock City Wide to Aggregate Industries and Northern Improvement Co. (Project No. FE-23-A1).
b. Emergency Clay Levee Installation & Removal City Wideto Excavating Inc. (Project No. FE-23-B1).
c. Rapid Deploy Project Installation & Removal North Fargo to Fox Underground (Project No. FE-23-C1).
d. Rapid Deploy Project Installation & Removal South Fargo to Northern Improvement Co. (Project No. FE-23-C2).
e. Flood Emergency Traffic Control Contractor Assistance City Wide to Northstar Safety, Inc. (Project No. FE-23-D1).
f. Emergency Flood Pump Rental to United Rentals (EM23070).
g. Emergency Transportation and Handling of Filled Sandbags to Reile’s
Transfer and Delivery, Inc. (EM23073).

Commissioner Piepkorn moved the Flood Emergency Contract Awards be approved as presented.

Second by Kolpack. On call of the roll Commissioners Piepkorn, Kolpack, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

Cooperation Agreement Between the United States of America and City of Fargo for Emergency Flood Assistance Approved:
Mr. Boerboom said this Agreement would allow for the City, if they reached the end of their resources, the Army Corp of Engineers would be able to step in and assist building clay levees and provide technical assistance. The need is not anticipated, he said; however, it is wise to have the paperwork in place. In 2009, 2011, 2012 and 2013 the Corps essentially built all the clay levees, he said; however, now with all the flood mitigation measures taken, their assistance is not needed until the City reaches a stage of 40 feet or higher.

Commissioner Strand moved the Cooperation Agreement Between the United States of America and City of Fargo for Emergency Flood Assistance be approved.

Second by Kolpack. On call of the roll Commissioners Strand, Kolpack, Piepkorn and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

Addendum – City of Fargo, Cass County Mutual Aid Agreement – Joint Sandbag Construction Operation 2023 Flood Approved:
Mr. Boerboom said the agreement spells out how the costs being incurred for the sandbag filling operations will be divided between the two entities. He said they will be divided appropriately based on the number of bags each entity gets.

Commissioner Kolpack moved the Addendum - City of Fargo, Cass County Mutual Aid Agreement – Joint Sandbag Construction Operation 2023 Flood be approved.

Second by Piepkorn. On call of the roll Commissioners, Kolpack, Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

Yard Damage Restoration Program 2023 Approved:
Mr. Boerboom said the Yard Damage Restoration Program was implemented after the 2009 flood due to extensive damage to properties with sandbagging in backyards. Since then there have been programs allowing property owners to submit forms for reimbursement for damages, he said. To be eligible for City reimbursement, he said, property owners must first submit a claim to their insurance company and if denied or if premiums increase significantly, they would then be eligible for this program. If insurance pays for it, he said, this program would pay the deductible. He said included for approval is an entry form for approval to enter property to complete sandbag levees.

Commissioner Kolpack moved the Yard Damage Restoration Program 2023 be approved as presented

Second by Piepkorn. On call of the roll Commissioners Kolpack, Piepkorn, Strand and Mahoney voted aye.
Absent and not voting: Commissioner Preston.
The motion was declared carried.

In response to a question from Commissioner Piepkorn asking if the remaining owners of houses in the flood plain left to be acquired have been encouraged to proceed, Mr. Boerboom said in the last month, staff has reached out to all the remaining property owners to re-engage and to start the process to acquire the last handful of properties. One is currently occupied that the City owns, he said, and the agreement with the individual is that the City would not flood fight that structure. He said it would be a Board decision whether to offer sandbags for properties that the City has been trying to acquire.

Commissioner Piepkorn said this is the point where, if levels get significantly high, it is time for those properties to go and the City needs to be prepared for the possibility of quick take.

Mr. Boerboom said with the amount of buyouts completed, the remaining homes can be isolated easily and could be left on the wrong side of a clay levee.

Commissioner Strand moved the meeting be adjourned.
Second by Kolpack. All the Commissioners present voted aye and the motion was declared carried.
The time at adjournment was 9:16 o’clock a.m.