Board of City Commissioners - January 3, 2017 Minutes

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Room at City Hall at 5:00 o'clock p.m., Tuesday, January 3, 2017.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

Mayor Mahoney read a statement with the following announcements: The cleaning of every sanitary sewer pipe within the City is completed every four years and in 2016 Public Works cleaned more than 121 linear miles of sewer pipe; the Fire Department wants to remind people of the dangers of carbon monoxide poisoning; the Planning Department has worked with the Park District and Block 9 development teams to review plans that include a public plaza and parking ramp, an ice skating rink, splash pad water feature, a concert space and public art sculptures.

Order of Agenda Approved:
Commissioner Grindberg moved the Order of the Agenda be approved continuing Item No. “30i” to 5:15 p.m. on January 17, 2017, and adding Item No. “37” to the end of the Regular Agenda for a discussion on the Tree Removal Policy.

Second by Gehrig. 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 December 19, 2016 be approved as read.

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

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

1. Receive and file Ordinance Amending Ordinance No. 5066 Pertaining to Zoning of Brandt Crossing Tenth Addition, Fargo, Cass County, North Dakota.

2. Purchase of Service Agreement with the ND Department of Health in the amount of $17,000.00 for tuberculosis screening activities (CFDA No. 93.116).

3. Contract Amendment with the ND Department of Health for the immunization program (CFDA Nos. 93.268 and 93.539).

4. Grant Award from the ND Department of Health for the workplace breastfeeding support project in the amount of $5,000.00.

5. Agreement for Provision of City Readiness Initiative Grant Activities in Clay County for Clay County Public Health Department to share resources in the event of a public health emergency.

6. Recommendation from the PEC to classify the new Accounting Analyst position at the FARGODOME to a Grade 10 effective immediately.

7. Resolution Authorizing Officers to Make Deposits and Withdrawals and approval of designated depositories (Attachment “A”).

8. Taxicab License for Ash Town Taxi.

9. Designation of the Rape and Abuse Crisis Center as a pass-through grant recipient of the grant award from the Byrne Justice Assistance Grant Program in the amount of $9,750.00 for FY 2017.

10. Applications for Games of Chance:
a. El Zagal Shrine Arab Patrol for a raffle on 3/3/17.
b. Muskies Inc. F-M Chapter for a raffle on 2/9/17.

11. Applications for property tax exemptions for improvements made to buildings:
a. Linda G. Fiocchi Trust, 3134 23rd Street South (3 Year).
b. Thomas M. and Keri L. Desutter, 2220 25th Avenue South (3 Year).
c. Milan D. and Elsie A. Knutson, 3202 Peterson Parkway North (3 Year).
d. Todd A. and Janna M. Manthei, 1448 23rd Street South (3 Year).
e. Andrea Bullinger, 1133 7th Street North (5 Year).
f. Sandra F. Clinton, 1613 8th Avenue South (5 Year).
g. Jared L. Ladbury and Janelle L. Stahl-Ladbury, 2402 9th Street North 5 Year).
h. Mei X. and Jessica A. Unruh, 1409 12th Street North (5 Year).
i. Jessica A. Ziegler, 1734 14 1/2 Street South (5 Year).
j. Kimberly M. and Kenneth Anderson, 1421 7th Street South (5 Year).
k. Carmen E. Benson, 1720 23rd Street South (5 Year).
l. Michele K. Ehlebracht, 1429 5th Avenue South (5 Year).
m. Diane R. Heagle, 912 9th Avenue South, Unit 1 (5 Year).
n. Todd and Lindsay B. Peterson, 66 Meadowlark Lane North (5 Year).
o. Stephanie M. Rasmussen, 109 15th Avenue North (5 Year).
p. Shawnden J. Martin and Rachel E. Wade, 1744 23rd Street South (5 Year).

12. Budget amendment in the amount of $242,405.00 from the general parking fund to the parking capital fund for the Roberts Commons parking facility.

13. Change Order No. 1 to extend the substantial completion date from 12/21/16 to 2/20/17 for The Fargo Project-Water Features.

14. Pilot Filter Agreement with Moorhead Public Service for the joint purchase of a pilot filter skid.

15. Change Order No. 7 for an increase of $143,494.72 for the general construction contract for Project No. WA1301.

16. Change Order No. 4 for an increase of $7,631.50 for Project No. WW1402-9.

17. Change Order No. 4 for an increase of $71,493.14 for Project No. WW1403.

18. Plan of Finance for the implementation of the single stream recycling program.

19. Change Orders for the City Hall Project:
a. No. 2 for an increase of $3,260.00 for general construction contract.
b. No. 3 for an increase of $26,160.00 for general construction contract.
c. No. 1 for an increase of $13,222.00 for mechanical construction contract.
d. No. 2 for a decrease of $4,100.00 for mechanical construction contract.

20. Memorandum of Offer to Landowner for permanent and temporary easement from Brenda Elmen Ordal, Et al. (Project No. PR-17-A0).

21. Memorandum of Offer to Landowner for temporary easement from IdeaOne Telecom, Inc. (Project No. PR-17-A0).

22. Contract Award for consulting services to AE2S in the amount of $77,500.00 for the Storm Water Utility Fee Schedule Study (Project No. MS-15-P0).

23. License Agreement with Midcontinent Communications and direct staff to prepare an Alley Vacation Plat for the East West Alley between 1st and 2nd Avenue North-Broadway and Roberts.

24. Encroachment Agreement with 701 Collective, LLC at 701 University Drive North.

25. Bills in the amount of $19,457,618.18.

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

Change Order and Additional Compensation Request for Improvement District No. UR-16-A1 Denied:
Commissioner Grindberg moved the Change Order, Additional Compensation Request and Contract Time Extension from Robert Gibb and Sons, Inc. for Improvement District No. UR-16-A1 be denied.

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

Contract Time Extensions for Improvement District Nos. BR-16-E1 and BR-16-A1 Denied:
Commissioner Grindberg moved the Contract Time Extensions for Improvement District Nos. BR-16-E1 and BR-16-A1 be denied.

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

Change Order No. 1 for a Contract Time Extension for Improvement District No. PR-16-F1 Approved:
Commissioner Grindberg moved approval of Change Order No. 1 for a contract time extension for substantial completion to November 14, 2016 and final completion to November 28, 2016 for Improvement District No. PR-16-F1.

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

Grading, Salvaged Base, P.C. Concrete Pavement, Bridge Widening, Ramp Construction, Retaining Wall, Storm Sewer, City Utilities, Box Culvert, Curb and Gutter, Sidewalk, Signing, Marking, Traffic Signals, Street Lighting and Incidentals Improvement District No. PR-17-A (32nd Avenue South from 42nd Street South to 32nd Street South):
Commissioner Grindberg moved the following action be taken in connection with Grading, Salvaged Base, P.C. Concrete Pavement, Bridge Widening, Ramp Construction, Retaining Wall, Storm Sewer, City Utilities, Box Culvert, Curb and Gutter, Sidewalk, Signing, Marking, Traffic Signals, Street Lighting and Incidentals Improvement District No. PR-17-A:

Adopt Resolution Creating Improvement District No. PR-17-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. PR-17-A in the City of Fargo, North Dakota, be created 32nd Avenue South from 42nd Street South to 32nd Street South.

COMPRISING:
Bounded on the east by 28th Street South.
Bounded on the west by 45th Street South.
Bounded on the north by Interstate 94.
Bounded on the south by the following parcels:

Lots 1 through 14, Inclusive, Block 3.
All in Hunters Prairie First Addition.

Lots 1 through 8, Inclusive, Block 3.
All in Hunters Prairie Second Addition.

Lot 1, Block 2.
All in Stonebridge Farms Fourth Addition.

Lots 1 through 4, Inclusive, Block 5.
All in Replat of part of Southwood Park Addition.

Lot 1, Block 1.
All in Inland Truck Parts Company Addition.

Lots 6 and 9, Block 1.
All in DK First Addition.

Lot 4, Block 1.
All in Asleson Farms Third Addition.

Lot 1, Block 1.
All in West Wind 2nd Addition.

Lots 1 and 2, Block 1.
Lots 1 and 21, Block 2.
Lots 1 and 19, Block 3.
Lots 1 and 16, Block 4.
Lots 1 and 14, Block 5.
Lots 1 and 14, Block 6.
Lots 1 and 14, Block 7.
Lots 18 and 19, Block 8.

All in Pointe West Second Addition.

All of the unplatted land lying in Section 22, Township 139, Range 49.

All of the unplatted land lying in the west half of Section 23, Township 139, Range 49.

All of the unplatted land lying in the north half of Section 27, Township 139, Range 49.

All of the unplatted land lying in the north half of Section 26, Township 139, Range 49.

All of the foregoing land lying in the City of Fargo, Cass County, North Dakota.

NOW, THEREFORE, BE IT RESOLVED, That Grading, Salvaged Base, P.C. Concrete Pavement, Bridge Widening, Ramp Construction, Retaining Wall, Storm Sewer, City Utilities, Box Culvert, Curb and Gutter, Sidewalk, Signing, Marking, Traffic Signals, Street Lighting and Incidentals Improvement District No. PR-17-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. PR-17-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PR-17-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 $23,368,634.00.)

Order Plans and Specifications for Improvement District No. PR-17-A:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. PR-17-A in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. PR-17-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. PR-17-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. PR-17-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 Grading, Salvaged Base, P.C. Concrete Pavement, Bridge Widening, Ramp Construction, Retaining Wall, Storm Sewer, City Utilities, Box Culvert, Curb and Gutter, Sidewalk, Signing, Marking, Traffic Signals, Street Lighting and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Grading, Salvaged Base, P.C. Concrete Pavement, Bridge Widening, Ramp Construction, Retaining Wall, Storm Sewer, City Utilities, Box Culvert, Curb and Gutter, Sidewalk, Signing, Marking, Traffic Signals, Street Lighting and Incidentals Improvement District No. PR-17-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 Grading, Salvaged Base, P.C. Concrete Pavement, Bridge Widening, Ramp Construction, Retaining Wall, Storm Sewer, City Utilities, Box Culvert, Curb and Gutter, Sidewalk, Signing, Marking, Traffic Signals, Street Lighting and Incidentals must be in writing and must be filed with the City Auditor's Office within 21 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-17-A:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. PR-17-A in the City of Fargo, North Dakota.

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

Property at 1458 South River Drive Referred to the Historic Preservation Commission for Further Analysis:
Mayor Mahoney said Commissioners Strand and Piepkorn asked to reconsider a vote taken by the City Commission on November 7, 2016 on the recommended alignment of the proposed levee/floodwall and associated infrastructure and authorization to pursue construction of the project and acquisition of necessary property rights that may include eminent domain for Project FM-15-J2. Mayor Mahoney said he would like the Engineering staff to present the project and then those affected by the project may speak. He said many people have reached out to the Board on this topic.

Division Engineer Jody Bertrand reviewed the Belmont Park Area Flood Mitigation Project and shared a map showing the location of the properties anticipated for purchase. A straight levee was considered, he said, as well as a combination levee/floodwall, which was chosen as the recommended option due to that alignment saving more houses. He said of questionnaires returned, two were in opposition; one at 1458 South River Drive and the second had concerns about traffic. Additional evaluation has been done since the last discussion, he said, focusing on the property at 1458 South River Drive. If a floodwall were constructed, the height would be seventeen feet and 32 feet would be required for width, he said, and would require piling pounded in about ten feet from the foundation of the house with significant risk of damaging the structure. He said costs were compiled for different heights with the estimated costs for this property exceeding a million dollars to install. He said considering what could happen to the foundation, plus contingencies and unknowns, additional project costs for this property could be $2.2 million. Typical clay installations are about $300/foot, he said, and on a 75-foot lot, for a clay levee to go through the middle of the lot would cost about $22,500.00, drastically less. Once the project is constructed, he said, certification would be requested from FEMA resulting in 25 homes being removed from the floodplain and relieving those homeowners from paying flood insurance for the duration of a federally-backed mortgage. He said the estimated cost for the recommended option was $3.4 million; however, it is $5.6 million for the revised option.

City Engineer April Walker said when the comp plan was adopted, the direction was to build protection to 39.5 feet for anything below that. She said a plan was not created for property at 39.5 or above, although emergency protection would still be needed down Lindenwood Drive. She said the comp plan did not address property above 39.5 feet when prioritizing where money would be spent to bring property out of the floodplain. She said FEMA certification for the 100-year adopted floodplain of 39.3 feet is possible because an emergency levee could be tied in to ground at the 100-year elevation. That changes again if the floodplain goes up to 41 feet, she said, which is why the diversion is needed. The comp plan is the interim measure to protect for the current floodplain, not the future floodplain, she stated.

In response to a question from Commissioner Grindberg about the difference between this and the Cavett house which had to be taken by eminent domain, Ms. Walker said in that case the houses were high enough; however, there were on hills with valleys between, which allowed water to go around and the house had to be removed to build the primary line contiguous. In this case, she said, the ground is high enough to tie into and stop.

In response to a question from Commissioner Strand about issues of historical relevance of the Stern home at 1458 South River Drive, Ms. Walker said it is not an issue as far as developing the project. She said it is a home of unique character; however, not on the historic register to her knowledge, therefore not an issue. Even if it were on the historic register, she said, there are not federal dollars attached to the project, so there would be no need to go through that documentation process.
In response to a question from Commissioner Strand about how this differs from the Kinzler home which was moved earlier this year, Ms. Walker said while that home had historic value in its original community of Fergus Falls, once it was relocated here it technically did not have historic value that would place it on the historic register in Fargo. She said the Board of City Commissioners directed Engineering staff to work with the Kinzlers to move that home, it was a Commission decision, not a staff decision.

Mayor Mahoney said there was a cost issue with the Kinzler home as well, $1.8 million versus $800,000.00.

In response to a question from Commissioner Gehrig about whether this project is still required with the FM Diversion, Ms. Walker said it depends on what the Board wants to set as a goal. She said the goal has been to try to provide 500-year flood fightable protection for the water treatment plant which would be a result of this project and the diversion. She said if the desire is to have the diversion provide a 100-year level of protection, then taking this home would not be needed, it would be protected to a 100-year level by the diversion.

Commissioner Piepkorn said in the 2009 flood, this neighborhood was in the most precarious position and is next door to the water treatment plant, making it one of the most critical areas in the whole city. He said he feels it is important to let the engineers make the call on the alignment, and not the City Commission.

Aubrey Zuger, attorney representing Joyce Cole, said Ms. Cole is a dedicated Fargo citizen who owns the home at 1502 South River Road. She said the one level home allows her to live an independent lifestyle, even at an advanced age, and she has access to family members nearby. Ms. Cole has built a $35,000.00 levee to ensure she could continue to live in the same home and neighborhood. She said she feels it may be difficult to meet requirements needed to move Ms. Cole due to her specific needs. She said that in order to take Ms. Cole’s home by eminent domain, it must be for a necessary taking and does not warrant the taking of this home. She said these homes are protected and will be even more protected with the $2.2 billion, federally approved FM Diversion project which the city is in support of and would reduce a 100-year flood event from 42.4 feet to 35 feet in Fargo. She said she believes there will be additional acquisition costs and possible losses to the tax base, as well as social impacts to consider. She said she would request a study be done on protecting Ms. Cole’s home and feels the City needs to explore less expensive options to removing these homes.

John Stern, 1458 South River Road, said neighbors were shocked when they received the letter from the Engineering Department. He said after the meeting last May when the project was explained, the take-away was that it was a plan Engineering came up with that seemed like it would never happen. He said the plan does not seem complete, when spending $5 million and still having a temporary clay dike on the south side along Lindenwood Drive. The cost estimates do not seem to include acquisition costs for the houses, he said, so costs will likely be much higher. He said he is not willing to part with his house no matter what. He said he lives in an architectural masterpiece, designed by the granddaughter of Frank Lloyd Wright and her husband. He said he would challenge costs and it may be worth having an outside engineer look at it, since he feels he is protected between 40 and 41 feet and is out of the floodplain. He asked the historic architectural nature of the house be considered and an application process has been started with the National Historic Registry. He said he would like the memo he sent to the Commissioners in December included in the record.

Daniel Holm, 1514 South River Drive, said he put in a new basement and raised up his home. He said he came from the neighborhood meeting about the project feeling secure and now wonders what happened.

Commissioner Strand said he would like due diligence done to see whether Mr. Stern’s home is historic and whether that changes the dialogue and parameters.

Commissioner Piepkorn said each buyout is a difficult decision and not taken lightly. The FM Diversion is at least eight to ten years away, he said, and flood protection is needed and the water plant must be protected. This is about protecting our city for years ahead, he said, and while there is optimism, the Diversion is not a done deal. A flood could have $20 billion in economic impact, he said.

Commissioner Gehrig agreed these are not easy decisions; however, he said, if the Board agrees the water treatment must be protected to this level then the answer is a given.

Commissioner Strand moved the Stern property at 1458 South River Drive be extracted from the decision made November 7, 2016 and be referred to the Fargo Historic Preservation Commission for further analysis and no further action be taken on the property until the Board has heard back from the Historic Preservation Commission.

Second by Grindberg. On call of the roll Commissioners Strand, Grindberg and Mahoney voted aye.
Commissioners Gehrig and Piepkorn voted nay.
The motion was declared carried.

Discussion on How to Best Notify Constituents Who May Be Affected by Items on the Agenda:
City Engineer April Walker said normal procedure for acquisitions is to have a public meeting and once comment is received back, it is taken to the Public Works Project Evaluation Committee (PWPEC). She said then PWPEC makes a recommendation to the Board. She said she is hearing that the Board would like a notification back to the property owners letting them know the date it will be on the City Commission agenda. That has not been a part of the process, she said; however, it is something that can be added.

Application Filed by Midcontinent Communications for a Five-Year Property Tax Exemption Approved:
A Hearing had been set for December 19, 2016 on an application filed by Midcontinent Communications (Midco) for a five-year property tax exemption for a project at 4624 28th Avenue South which the applicant will use in the operation of hosting, data storage, network monitoring and data center services to business customers. At the December 19, 2016 meeting, the Hearing was continued to this day and hour. The Board determined that no person is present at this Hearing to protest or offer objection thereto.

City Assessor Ben Hushka said the Tax Exempt Review Committee met with the applicant at their November meeting with much discussion focusing on the number of jobs created, the question about competitors and the definition of a data center, particularly what a Tier 3 data center is. He said the committee decided more information was needed and the Economic Development Corporation agreed to do some research.

Mark Vox, Greater Fargo/Moorhead Economic Development Corporation (GFMEDC), said they found there are potentially three existing companies in the metro area that provide data center services: 702 Communications based in Moorhead resells Tier 1 service; DCN in Fargo did not return contact information; and Consolidated Communications offers Tier 3 service; however, they have not gone through the certification process. He said Consolidated Communications is 1,700 square feet while Midcontinent Communications is proposing 16,000 square feet. The State of North Dakota’s sales tax exemption policy on telecom equipment for a data center requires it to be built within a 16,000 square foot facility or larger, he said.

Commissioner Piepkorn said it was difficult for the Tax Exempt Review Committee to get a grasp on data centers. He said adding three jobs is not impressive; however, the economic impact is not only the jobs.

Justin Forde, Midco, said this is a new technology and industry for the company and forty sites in the region were evaluated before zeroing in on this one. He said this would be the only Tier 3 facility in the area and data is becoming so critical and there is a great need to store that data. He said this would be a catalyst for the region and would benefit many IT groups, healthcare and financial industries.

In response to a question from Commissioner Gehrig about whether Midco would build this in Fargo without the incentive, Mr. Forde said it is highly unlikely. He said without the incentive and if there are issues with power or any other issues with the site, the company would revisit the list of 40 sites within the region.

Commissioner Gehrig said Fargo is the best location for this facility. In order to be a Tier 3, two power sources such as Xcel plus Cass County Electric for example are needed and almost no other location can do that. While he is happy Midco is here, the incentive does not need to be given away and he believes the project would happen without the incentive.

Commissioner Strand said technology will bring an inundation of change and in the future the definition of primary sector may change. He said he feels this data center will benefit the business sector.

Commissioner Grindberg said this having the primary sector designation was the deciding factor for him.

Mr. Hushka pointed out a correction on page 2 of the application, the annual amount of the tax exemption, is closer to $100,000.00, not over $2 million as submitted.

Commissioner Piepkorn moved that the application filed by Midcontinent Communications for a five-year 100% property tax exemption for a project at 4624 28th Avenue South, pursuant to Chapter 40-57.1, NDCC be approved.

Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Strand and Mahoney voted aye. Commissioner Gehrig voted nay. The motion was declared carried.

Application to Transfer the Alcoholic Beverage License from BDH Hotel Ventures, LLC d/b/a Radisson to 201 Hospitality LLP d/b/a Radisson-Fargo Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "ABH" Alcoholic Beverage License from BDH Hotel Ventures, LLC d/b/a Radisson to 201 Hospitality LLP d/b/a Radisson-Fargo at 201 5th Street North 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 the Radisson Hotel is changing ownership. He said at the time of the Liquor Control Board meeting, there were some public health issues and it came to the Board with some conditions; however, he has received notification that those issues have been resolved meaning it comes now for full approval.

Commissioner Piepkorn moved the application be approved.

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

Application Filed by JL Beers, Inc. d/b/a JL Beers for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by JL Beers, Inc. d/b/a JL Beers for a Class "FA-RZ-M" Alcoholic Beverage License at 518 1st Avenue North, 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 the applicant is changing their business model to offer signature cocktails and in order to do that a license to serve full alcohol is needed. He said at this time the “M” designation which allows them to sell growlers is not attached to the “FA-RZ” license so likely the applicant will come before the Liquor Control Board again for that additional designation.

Commissioner Piepkorn moved the application be approved.

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

Application Filed by Vinyl Taco, Inc. d/b/a Vinyl Taco for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Vinyl Taco, Inc. d/b/a Vinyl Taco for a Class "FA-RZ-M" Alcoholic Beverage License at 520 1st Avenue North, 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 Grindberg moved the application be approved.

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

Application Filed by Izumi Sushi and Hibachi All You Can Eat, Inc. d/b/a Izumi Sushi and Hibachi Buffet for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Izumi Sushi and Hibachi All You Can Eat, Inc. d/b/a Izumi Sushi and Hibachi Buffet for a Class "F" Alcoholic Beverage License at 5050 13th Avenue South, Suite 5, 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 is a second location for Iszumi Sushi and Hibachi.

Commissioner Strand moved the application be approved.

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

Renaissance Zone Project for North 500 Block LLC at 508 1/2 Broadway North Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for North 500 Block LLC at 508 1/2 Broadway North.

No written protest or objection to the Project 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 Project. The Board received a communication from Planner Derrick LaPoint stating the Renaissance Zone Project application presented by North 500 Block LLC meets all of the minimum criteria set forth in the Renaissance Zone Plan and is consistent with the established goals and objectives. The Renaissance Zone Authority recommended that the project be approved, he said.

Mr. LaPoint said the applicant is Enclave Development who seeks to renovate the second floor only, removing the apartments and replacing them with an upscale office space.

Commissioner Piepkorn said although it is a small number, the Board needs to be aware that this means some low cost housing is being lost.

Commissioner Strand said he did not see the name Enclave within the application and in the future he would like to see better identification of who the principals are in the projects, every entity has principals registered by the Secretary of State. He said this is another fine example of a Renaissance Zone project.

Commissioner Piepkorn moved the Renaissance Zone application filed by North 500 Block LLC for a project located at 508 1/2 Broadway North be approved and the income tax and property tax exemptions be granted as recommended by the Renaissance Zone Authority.

Second by Grindberg. On call of the roll Commissioners Piepkorn, Grindberg, Strand and Mahoney voted aye. Commissioner Gehrig voted nay. The motion was declared carried.

Amendment to the Growth Plan of Calico Prairie Addition Approved (4462 30th Avenue South) Approved:
A Hearing had been set for this day and hour to consider approval of an amendment to the Growth Plan consisting of Calico Prairie Addition. The Fargo Planning Commission recommended approval of the amendment to the Growth Plan at their December 6, 2016 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 Grindberg moved the amendment to the Growth Plan be approved.

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

Parcels of Land in Calico Prairie Addition Rezoned (4462 30th Avenue South):
At a Hearing held on December 6, 2016 the Fargo Planning Commission recommended approval of a change in zoning from LC, Limited Commercial to MR-3, Multi-Dwelling Residential. 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.
Commissioner Grindberg offered the following Resolution and moved its adoption: WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal 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 Grindberg, 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 Calico Prairie Addition, Fargo, Cass County, North Dakota:
Commissioner Grindberg 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 Calico Prairie Addition, Fargo, Cass County, North Dakota be placed on first reading.

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

Parcels of Land in Hogan’s Addition Rezoned (501 and 507 15th Avenue North and 1510 5th Street North):
At a Hearing held on December 6, 2016 the Fargo Planning Commission recommended approval of a change in zoning from SR-2, Single-Dwelling Residential to SR-4, Single-Dwelling Residential.
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.
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff be accepted and the rezoning be approved on the basis that the proposal 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 Grindberg, 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 Hogan’s Addition, Fargo, Cass County, North Dakota:
Commissioner Grindberg 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 Hogan’s Addition, Fargo, Cass County, North Dakota be placed on first reading.

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

Hearing on Text Amendment to Sections 20-0401 and 20-0402 of the Fargo Municipal Code (Land Development Code) Relating to Telecommunications Facilities Continued to January 17, 2017:
This was the time and date set for a Hearing on the Text Amendments to Sections 20-0401 and 20-0402 of the Fargo Municipal Code (Land Development Code) Relating to Telecommunications Facilities; however, Planning staff has asked that the Hearing be continued to January 17, 2017.

In response to a question from Commissioner Grindberg about whether the January deadline will still be met if the item is moved back two weeks, Planning Administrator Nicole Crutchfield said the Text Amendment continues to be on track; however, staff has requested this be continued due to a miscommunication between Planning, Engineering and the Attorney’s offices.

Assistant City Attorney Nancy Morris said the Ordinance was first Received and Filed two weeks ago and with that included the Land Development Code (LDC) Amendment that will be needed. The Planning Commission will consider the item at their January 4, 2017 meeting, she said, and it will come back to the Board in two weeks for first reading on January 17, 2017 with final adoption on January 30, 2017. She said this and the Small Cell Ordinance which is on first reading later in this agenda, will come together on January 30th with Resolution for guidelines and fees, and all the things that must fall into place for the Article 24-04 Ordinance.

Commissioner Strand moved the Hearing be continued to 5:15 o’clock p.m. on Tuesday, January 17, 2017.

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

At 6:25 p.m. the Board took a five-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

First Reading of an Ordinance Enacting Article 24-04 of Chapter 24 of the Fargo Municipal Code Relating to Wireless Telecommunications Facilities in the Public Right of Way:
Division Engineer Brenda Derrig said comments have been received from additional communication companies regarding small cell antennas since publication of the Ordinance on the December 19, 2016 agenda. She said comments taken into consideration include concerns about the moratorium on new poles, fees, consultants for permit review, antennae size and distance between facilities, ground mounted vs. underground equipment and flexibility in heights. She said the request is for first reading of the revised Ordinance, to be followed with final reading and adoption January 17, 2017, and by January 30, 2017 the guidelines and associated fees will be presented for Resolution.

In response to a question from Commissioner Strand about whether this conflicts with any existing policies about public/private use, and minimizing unintended consequences, City Attorney Erik Johnson said cities have a long list of powers and this is allowed in the same way public utilities use right of ways.

Commissioner Grindberg moved first reading of an Ordinance Enacting Article 24-04 of Chapter 24 of the Fargo Municipal Code Relating to Wireless Communication Facilities in the Public Right of Way.

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

Request for a Waiver from River Setback Ordinance No. 4818 by Diamond Rock Properties for Property Located at 508 Oak Street North Approved:
The Board received a communication from Division Engineer Jody Bertrand stating the Engineering Department has reviewed the setback waiver submitted by Diamond Rock Properties for the proposed improvements at 508 Oak Street North. He said the proposed structures are located within the limited disturbance zone setback (LDZS) which City Ordinance No. 4818 requires any structure larger than 120 square feet to receive a waiver from the City Commission in order to receive a building permit. The proposed structures are located entirely outside the minimum disturbance setback (MDZS), he said, and the entire site is above the FEMA 100-year Base Flood Elevation and the 41-Foot Water Surface Evaluation Inundation Area (WSEIA). After reviewing the submittal, he said, staff feels it is a complete submittal which meets all the necessary requirements of the City policy as well as the necessary criteria to be considered for a setback waiver by the City Commission.

Commissioner Grindberg moved the request from Diamond Rock Properties for property located at 508 Oak Street for a waiver from River Setback Ordinance No. 4818 be approved.

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

Resolution Adopted Authorizing the Issuance of Annual Appropriation Bonds, Taxable Series 2017A for Video and Signage Upgrade Project at the Fargodome:
Finance Director Kent Costin said a bond sale was approved earlier this year to fund the Fargodome video upgrades. He said that sale will reimburse the Fargodome Capital Escrow Fund for funds disbursed. He said the plan is to sell bonds on January 11, 2017 using a negotiated sales process with Baird as the bond underwriter and the interest rate is estimated at 3.71%. He said it will be an eleven-year bond because of how funds were appropriated. He said it is an investment play in anticipating there will be more made by investing the funds than borrowing the money.

Commissioner Piepkorn expressed appreciation for Mr. Costin’s expertise and participation in the process.

Commissioner Gehrig said he supports it; however, it is not like getting a loan and then paying it back. There is some risk associated with the investment strategy, he said.

Commissioner Piepkorn moved the Resolution entitled "Resolution Authorizing the Issuance of Annual Appropriation Bonds, Taxable Series 2017A (Fargodome Project) Approving Certain Actions, Awarding the Sale Thereof, Prescribing the Terms and Covenants Thereof, and Creating a Fund for the Payment Thereof and referred to as Attachment "B", be adopted and attached hereto.

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

Submission of Grant Applications by Cass County Emergency Management Approved:
The Board received a communication from Fire Chief Steve Dirksen stating the Fargo and Cass County Emergency Managers were recently apprised of two grant opportunities available through FEMA. He said the first is a 36-month grant that has a $2.5 million cap for a Program to Prepare Communities for Complex Coordinated Terrorist Attacks (CCTA), and the second is for an Integrated Emergency Management Course (IECM).

Emergency Services Coordinator Leon Schlafmann said there is a short timeframe with a deadline of February 10, 2017 for the application, which requires a commitment. The grant involves multi-jurisdictional coordination, so Cass County, Clay County, Fargo, Moorhead and West Fargo would be included. There would be 36 months of planning and training with some tabletop exercises and at the end, a three-day full-scale exercise involving multiple things happening at the same time to fully test the system. There is no cost to the city, he said; however, there are time and personnel commitments.

Commissioner Gehrig moved the submission of grant applications by Cass County Emergency Management for the Prepare Communities for Complex Coordinated Terrorist Attacks (CCTA) Program and the Preparing Communities for a Complex Coordinated Attack Integrated Emergency Management Course (IEMC) be approved.

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

Update on Parking and the Roberts Commons Ramp Artwork:
Andy Renfrew, Interstate Parking, said the duties of on-street parking enforcement downtown were acquired by Interstate Parking in February and coincided with change in philosophy and the fine structure for time zone violations downtown. First time violators are issued a warning now, he said, and given a downtown parking guide, while repeat violators are fined based on a graduated scale. He shared historical data on time zone violations and described available parking permits.

Planner Derrick LaPoint shared on-street parking data collected and said data shows there is availability downtown. He said there a plenty of spaces, just not in the prime areas. He said the downtown parking guide will be updated and is a good resource for downtown visitors.

Planning Director Jim Gilmour said the Roberts Commons Parking Facility and Development will have 455 parking spaces, approximately 70 apartments and main floor commercial space. Costs are being reviewed for the parking, he said, with the goal to have the facility turned over to the city April 24th and in operation by May 1, 2017. He said more than 500 inquiries for these monthly parking spaces have been received. He said art possibilities were researched; however, the Parking Commission was not able to reach a consensus on design and the metal screen on the ramp will not have an artistic design as has been discussed.

Commissioner Strand said if the Commission stands for public art, then the Commission must be prepared to fund it. He said art by committee is not easy and usually diminished. He is concerned that an opportunity is being lost for a basic piece of art that will always be there, he stated.

Commissioner Grindberg said it was suggested the City Commission should make the decision on the artistic design on the screen on the ramp; however, he did not feel comfortable with that.

Commissioner Piepkorn said this represents an opportunity for the Art and Culture Commission. He said the decision should not be rushed just due to a construction deadline and he would not want to be known for being part of a process that approved something that the public does not want.

Commissioner Gehrig says this whole discussion makes his point on public art.

Appointments to the Metropolitan Council of Governments Policy Board Approved:
The Board received a communication from Mayor Mahoney stating Metropolitan Council of Governments Executive Director William Christian is requesting the City Commission appoint representatives to the Metro COG Policy Board for 2017. Mayor Mahoney recommends the following be appointed to the Board for 2017:
City Commissioner Tony Gehrig
City Commissioner Tony Grindberg
City Commissioner Dave Piepkorn
City Commissioner John Strand ·
Planning Commission Chair Jan Ulferts Stewart
Planning Commissioner Rocky Schneider
John Q. Paulsen
John Gunkelman and Shara Fischer as the Planning Commission's alternates.

Commissioner Grindberg moved the Board approve and confirm the above listed City of Fargo appointees to the Metropolitan Council of Government Policy Board for 2017.

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

Discussion on House Moving and Tree Removals:
City Engineer April Walker said in the process of negotiating with property owners for home acquisition there was a request to revisit the long-standing practice of not allowing boulevard tree removal in areas where homes were removed. She said the practice has been challenged by someone in the acquisition process due to it being established under a previous Board. The practice was brought back to the Public Works Projects Evaluation Committee (PWPEC) and staff has indicated they would like to maintain the current practice of prohibiting tree removal to support relocation of flood buyout houses. She said she would like feedback from the Board for the person being negotiated with.

Division Engineer Jody Bertrand showed maps of the areas of concern and estimated tree impacts in Copperfield Court, Oakcreek and Woodcrest (Project No. MS-15-K0).

Ms. Walker said since the information did not get into the agenda packet for the Commissioners to review, she would like to bring the item back in two weeks if the Board would like a change. If the Board supports the current practice, no action would be necessary, she stated.
The Board was in agreement to support the current tree removal practice. No action was taken on this item.

Commissioner Grindberg moved that the Board adjourn to 5:00 o’clock p.m., Tuesday, January 17, 2017.

Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:23 o’clock p.m.