Board of City Commissioners - November 20, 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., Monday, November 20, 2017.
The Commissioners present or absent were as shown following:
Present: Gehrig, Piepkorn, Strand, Mahoney.
Absent: Grindberg.
Mayor Mahoney presiding.

The Mayor announced that the Department of Homeland Security and FEMA have determined the City of Fargo will increase to a Class 5 in the National Flood Insurance Program Community Rating System due to the floodplain management activities implemented by the City. The increase qualifies residents within the City for a 25 percent discount in premium costs of flood insurance. His statement also included the following information: all high schools and middle schools in Cass County now have Narcan nasal spray as part of a preventive community-wide response to the opioid crisis; about 75 guests were served at Fargo Cass Public Health’s Heart-n-Soul Community Café, which aims to end hunger and food insecurity in the area by providing healthy and delicious food; 13 people have completed the first “Stepping On” fall prevention workshop sponsored by FCPH; more than 2,100 people took the Library’s Strategic Planning Survey; programs at the Library over the next couple of weeks include a movie series, a presentation about North Dakota nurses who served in World War II, craft classes, a visit by some of the dancers from FM Ballet and a Reader’s Theatre Workshop; on December 1st at the Fargo Theatre, the Police Department will host the premiere of “Unity,” a music video featuring Officers Bloom and Niemeyer and students from several Fargo schools; MATBUS Quarter Days will take place the Friday and Saturday after Thanksgiving, and every Saturday in December; the National Council for Home Safety and Security has named Fargo to the top 100 Best Cities to Raise Kids in the U.S.; and this year’s Xcel Energy Holiday Lights Parade will be November 21st at 6:30 p.m.

Order of Agenda Approved:
Commissioner Strand moved the Order of the Agenda be approved.
Second by Gehrig. All the Commissioners present voted aye and the motion was declared carried.

Minutes Approved:
Commissioner Gehrig moved that the Minutes of the Regular Meeting of the Board held on November 6, 2017 be approved as read.
Second by Piepkorn. All the Commissioners present voted aye and the motion was declared carried.

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

1. Waive requirement to receive and file the Ordinance one week prior to 1st reading and 1st reading of the following Ordinances:
a. Amending Article 13-10 of Chapter 13 of the Fargo Municipal Code Relating to Aquatic Venues.
b. Amending Article 21-04 of Chapter 21 of the Fargo Municipal Code Relating to the International Building Code.

2. Receive and file General Fund – Budget to Actual through October 31, 2017 (unaudited).

3. Six-month extension of the Class “FA” Alcoholic Beverage License for the Green Mill.

4. Receive and file Investment Performance Report for the Quarter Ended 9/30/17.

5. Three-year Mail Service Agreement, with the option of a 2-year extension, with American Mail House, Inc. for mail handling services.

6. Applications for Games of Chance:
a. Home Builders Care Fargo – Moorhead for a raffle on 3/16/18.
b. Fargo Angels Hockey Club for a calendar raffle from 12/1/17 to 12/3/17.
c. Fargo Angels Hockey Club for a calendar raffle from 12/10/17 to 3/4/18.

7. Tax exemptions for improvements made to buildings:
a. Kevin and Jeanne Moug, 4406 Carrie Rose Lane South (3 year).
b. Todd D. and Kristina M. Olson, 2967 Peterson Parkway North (3 year).
c. Kathleen A. Durben-Cooper and Williams Flavis, 1305 4th Street North (5 year).
d. Todd Plath, 220 8th Street South, Unit D2 (5 year).
e. Conrad J. Klinkhammer, 1422 10th Avenue South (5 year).
f. Leon S. Heinrich, 301 Forest Avenue North (5 year).
g. Patrick A. and Annette K. Schultz, 1731 Whitestone Circle South (5 year).
h. Kina Wong, 910 10th Street South (5 year).
i. Kina Wong, 910 10th Street South (5 year).
j. Steven P. and Stacy R. Stenerson, 2110 Sterling Rose Lane South (5 year).
k. Jessica L. and Kyle K. Sandvik, 217 26th Avenue North (5 year).
l. Gerald M. and Gail A. Gabrielson, 419 24th Street South, Unit 2 (5 year).
m. Fonda L. Lunde, 2012 28th Avenue South (3 year).

8. Purchase of Service Agreement with the ND Department of Human Services, Behavioral Health Division for substance abuse prevention (2017).

9. Purchase of Service Agreement with the ND Department of Human Services, Behavioral Health Division for substance abuse prevention (2018).

10. Resolution Approving Inspection Fees, License Fees, Permit Fees and Reinstatement Fees – Environmental Health for 2018 (Attachment “A”).

11. Recommendation from the PEC to eliminate the 18-month promotion policy for Public Works Equipment Operators, to start new Equipment Operators at Level II and to reclassify the current Equipment Operator I’s to Equipment Operator II’s effective upon approval.

12. Bid award for winter pruning operations to Cougar Tree Care, Inc. in the amount of $83,740.00 for area projects and to All-Terrain Grounds Maintenance in the amount $29,350.00 for raise Projects 1, 2 and 3 (RFP17314).

13. Negative Final Balancing Change Order No. 1 in the amount of -$315.75 for Project No. UR-16-B1.

14. Change Order No. 3 for an increase of $73,118.34 for Project No. FM-15-B2.

15. Change Order No. 2 for an increase of $17,716.20 for Project No. FM-17-B1.

16. Change Order No. 1 for an increase of $39,597.95 for Project No. TR-17-A1.

17. Sole Source Procurement with PerkinElmer Health Sciences, Inc. for a new atomic absorption spectrophotometer in the amount of $48,537.04 (Project No. WA1301).

18. Change Orders for Project No. WA1301:
a. No. 12 for an increase of $144,218.00 for the general construction contract.
b. No. 10 for an increase of $66,868.12 for the mechanical construction contract.

19. One year guaranteed cost contract extension with Aqua-Pure Inc. for polymer chemicals at the Water Treatment Plant.

20. Bid award for snow removal services at bus shelters and hubs in the amount of $89,000.00 to Valley Green and Associates for a five-year contract.

21. Proposed change to Route 24 effective 12/1/17.

22. Bid award of one dual auto side load refuse packer to Sanitation Products in the amount of $304,250.00 (RFP17324).

23. Bid award of one used asphalt paver to Swanston Equipment in the amount of $148,600.00 (RFP17323).

24. Bid award for police squad set-ups to Code 4 Services in the amount of $17,127.71 (RFP17322).

25. Bid award to Dirt Dynamics in the amount of $141,505.00 for Project No. UR-17-C1.

26. Contract and bond for Project No. FP-17-A1.

27. Bills in the amount of $13, 739,809.700

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

Time Extension for Improvement District No. TN-16-F1 Approved:
Commissioner Piepkorn moved approval of a time extension to May 14, 2018 for substantial completion of Improvement District No. TN-16-F1.

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

Change Order No. 3 for Improvement District No. BR-17-C1 Approved:
Commissioner Piepkorn moved approval of Change Order No. 3 for an increase of $16,225.14 for Improvement District No. BR-17-C1.

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

Amended Engineer’s Report for Improvement District No. BR-18-B Approved:
The Board received an Amended Engineer’s Report from Division Engineer Jeremy Gorden for P.C. Concrete Pavement, Storm Sewer, Watermain, Sanitary Sewer, Lift Station, Sidewalk, Traffic Signals and Incidentals Improvement District No. BR-18-B.
Commissioner Piepkorn moved the Amended Engineer’s Report for Improvement District No. BR-18-B be approved.

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

Amended Engineer’s Report for Improvement District No. PR-17-B Approved:
The Board received an Amended Engineer’s Report from Division Engineer Jeremy Gorden for P.C. Concrete Pavement, Storm Sewer, Sanitary Sewer, Pedestrian Box Culvert, Lift Station, Traffic Signals, Street Lighting, Sidewalk and Incidentals Improvement District No. PR-17-B.
Commissioner Piepkorn moved the Amended Engineer’s Report for Improvement District No. PR-17-B be approved.

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

Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-17-A:
Commissioner Piepkorn moved the following action be taken in connection with Storm Sewer lift Station Modifications and Incidentals Improvement District No.
NR-17-A:

Adopt Resolution Creating Improvement District No. NR-17-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. NR-17-A in the City of Fargo, North Dakota, be created

LOCATION (Section 1):
Storm Sewer Lift Station No. 9 located on Main Avenue and 45th Street.

LOCATION (Section 2):
Storm Sewer Lift Station No. 16 located on 2nd Avenue South between 18th Street South and 21st Street South.

LOCATION (Section 3):
Storm Sewer Lift Station No. 14 located on 26th Avenue South between 25th Street South and 27th Street South.

LOCATION (Section 4):
Storm Sewer Lift Station No. 69 located on 40th Avenue South between 66th Street South and the Sheyenne River.

COMPRISING (Section 1):
An area bound on the north by Main Avenue, bound on the south by Interstate 94, bound on the west by 45th Street South and bound on the east by 38th Street South.

Areas included outside the boundary as follows:

Lot 1, Block 1.
Located in Prairie Public Broadcasting Addition.

Lots 1 and 2, Block 1.
All in Wallworks Subdivision.

Lots 1 through 5, Inclusive, Block 1.
All in Comstock First Addition.
Lots 1 and 2, Block 1.
All in Corwin FLP I First Addition.

Lots 1 through 7, Inclusive.
All in Sprague’s Subdivision.

Lots 1 through 71, Inclusive, Block 1.
Lots 1 through 6, Inclusive, Block 2.
Lots 1 through 33, Inclusive, Block 3.
Lots 1 through 7, Inclusive, Block 4.
Lots 1 through 20, Inclusive, Block 5.
Lots 1 through 16, Inclusive, Block 6.
Lots 1 through 4, Inclusive, Block 7.
All in Westfield First Addition.

Lots 1 through 6, Inclusive, Block 1.
Lots 1 through 12, Inclusive, Block 2.
Lots 1 through 14, Inclusive, Block 3.
Lots 1 through 15, Inclusive, Block 4.
Lots 1 through 20, Inclusive, Block 5.
Lots 1 through 10, Inclusive, Block 6.
All in Westfield Second Addition.

Lots 1 through 4, Inclusive, Block 1.
All in Rabanus Farmstead Addition.

Lot 2, Block 1.
Lots 4 and 5, Block 1.
All in Wal-Mart First Addition.

Lot 1, Block 1.
Located in Wal-Mart Second Addition.

Lots 3 through 5, Inclusive, Block 1.
All in Rabanus 2nd Addition.

Lots 1 and 3, Block 1.
All in Rabanus Third Addition.

Lots 1 and 2, Block 1.
Located in Rabanus 4th Addition.

Lots 4 through 6, Inclusive, Block 1.
Lots 1, 2 and 4, Block 3.
Lots 1a, 1b, 1c and 1e, Block 4.
Lots 2 and 3, Block 5.
All in Replat of Wells Fargo Addition.

Lots 1 through 7, Inclusive, Block 1.
Lots 1 through 3, Inclusive, Block 3.
All in Noridian Center Addition.

Lot 1, Block 1.
Located in Noridian Center 3rd Addition.

Lots 1 and 2, Block 1.
Located in Scheels All Sports Center Addition.

Lot 1, Block 1.
Located in Roers First Addition.

Lots 1 through 3, Inclusive, Block 1.
All in Wells Fargo Park Addition.

Lots 1 and 2, Block 1.
All in Ramsey Addition.

Lots 1 through 16, Inclusive, Block 1.
All in Skaff’s First Addition.

Lots 1 through 12, Inclusive, Block 1.
All in Skaff’s Second Addition.

Lots 1 through 4, Inclusive, Block 1.
All in Skaff’s Third Addition.

Lot 1, Block 1.
Located in Replat of Home Depot Addition.

Lots 1 through 4, Inclusive, Block 1.
All in Dakota West Addition.

Lot 1, Block 1.
Lots 1 through 33, Inclusive, Block 2.
Lots 1 through 33, Inclusive, Block 3.
Lots 1 through 17, Inclusive, Block 4.
All in Dakota West Second Addition.

Lots 1 and 2, Block 1.
Located in Replat of Schatz First Addition.

Lot 1, Block 1.
Located in Schatz Second Addition.

Lots 1 through 4, Inclusive, Block 1.
Lots 1 through 20, Inclusive, Block 2.
Lots 1 through 9, Inclusive, Block 3.
All in Amber Fields First Addition.

Lots 1 through 11, Inclusive, Block 1.
Lots 1 through 16, Inclusive, Block 2.
All in Amber Fields Second Subdivision.

COMPRISING (Section 2):
Lots 6 through 9, Inclusive, Block 11.
Lots 4 through 6, Inclusive, Block 12.
Lots 7 through 9, Inclusive, Block 12.
Lots 4 through 6, Inclusive, Block 13.
Lots 7 through 9, Inclusive, Block 13.
Lots 4 through 6, Inclusive, Block 14.
Lots 7 through 9, Inclusive, Block 14.
Lots 4 through 6, Inclusive, Block 15.
Lots 7 through 9, Inclusive, Block 15.
All in Egbert O’Neil and Haggart’s Addition.

Lots 1 through 13, Inclusive, Block 5.
Lots 1 through 12, Inclusive, Block 6.
All in Arneson’s Addition.

Lots 7 through 9, Inclusive, Block 4.
Lots A10 and B10, Block 4.
Lots 7 through 12, Inclusive, Block 5.
Lot 2, Block 6.
Lot 1, Block 7.
Lot B2, Block 7.
Lots 1 through 12, Inclusive, Block 8.
Lots A1, B1 and C1, Block 9.
Lots 2 through 10, Inclusive, Block 9.
All in Fuller’s Addition.

Lots C through F, Inclusive, Block 10.
Lot B, Block 11.
Lots B through D, Inclusive, Block 12.
Lots D and E, Block 13.
Lot C, Block 14.
Lots D and E, Block 15.
Lots D and E, Block 16.
Lot C, Block 17.
Lots A, C and D, Block 18.
Lots A through D, Inclusive, Block 24.
Lots A through F, Inclusive, Block 25.
Lots A through D, Inclusive, Block 26.
Lots A through F, Inclusive, Block 27.
All in Eddy & Fuller’s Auditor’s Outlots.
Lot 1, Block 1.
Lot 1, Block 2.
All in Bethany Homes Addition.

Lots 7 through 9, Inclusive, Block 10.
Lots 7 through 12, Inclusive, Block 11.
Block 12.
Block 13.
Lots 1 through 12, Inclusive, Block 14.
Lots 4 through 9, Inclusive, Block 15.
Lots 4 through 9, Inclusive, Block 26.
Lots 1 through 12, Inclusive, Block 27.
Block 28.
Lots 4 through 9, Inclusive, Block 31.
All in Original Townsite Addition.

Lots 4 through 9, Block 38.
All in Northern Pacific Addition.

Lots 6 through 11, Inclusive, Block 41.
All in King’s Subdivision.

Lots 7 through 12, Inclusive, Block B.
Lot 1, Block D.
Lots 13 through 22, Inclusive, Block D.
Lot 1, Block O.
Lots 14 through 24, Inclusive, Block O.
Lots 1 through 30, Inclusive, Block Q.
Lot 1, Block R.
Lots 14 through 24, Inclusive, Block R.
All in Cha’s A. Roberts’ Addition.

Lots 4 through 6, Inclusive, Block 2.
All in Phelp’s Subdivision.

Lots 1 through 9, Inclusive, Block 1.
Lots 12 through 16, Inclusive, Block 1.
Lots 1 through 5, Inclusive, Block 2.
All in Monson’s Subdivision.

Lots A through D, Inclusive, Block 2.
Lots N through Q, Inclusive, Block 2.
All in Maclaren’s Subdivision.

Lots 1 through 4, Inclusive, Block A.
Lost 11 through 14, Inclusive, Block A.
Lots 1 through 4, Inclusive, Block B.
Lost 11 through 14, Inclusive, Block B.
All in Herbst’s Subdivision.

Lots 1 through 7, Inclusive, Block 1.
Lots 1 through 12, Inclusive, Block 2.
Lots 1 through 24, Inclusive, Block 3.
Lots 1 through 26, Inclusive, Block 4.
Lots 1 through 26, Inclusive, Block 5.
Lots 1 through 24, Inclusive, Block 6.
Lots 1 through 24, Inclusive, Block 7.
All in the Aldrich and Robert’s Addition.

Lots 1 through 6, Inclusive.
All in W.D. Sweet’s Addition.

Lots 1 through 12, Inclusive, Block 4.
Lots 1 through 11, Inclusive, Block 8.
All in Darling’s Addition.

Lots 1 through 24, Inclusive, Block 7.
Lots 1 through 24, Inclusive, Block 8.
Lots 1 through 14, Inclusive, Block 9.
Lots 23 through 28, Inclusive, Block 9.
Lots 15 through 20, Inclusive, Block 10.
All in Darling’s Second Addition.

Lot 1, Block 1.
Located in Carl Ben Eielson Addition.

Lots 1 through 6, Inclusive, Block 1.
Lots 9 through 14, Inclusive, Block 1.
Lots 1 through 6, Inclusive, Block 2.
Lots 1 through 11, Inclusive, Block 4.
Lots 1 through 7, Inclusive, Block 5.
All in Fredrikson Addition.

Lots 1 through 26, Inclusive, Block 5.
Lots 1 through 26, Inclusive, Block 6.
Lots 1 through 26, Inclusive, Block 7.
Lots 1 through 26, Inclusive, Block 8.
Lots 1 through 16, Inclusive, Block 9.
Lots 1 through 26, Inclusive, Block 10.
Lots 1 through 13, Inclusive, Block 11.
Lots 15 through 20, Inclusive, Block 11.
Lots 21 through 29, Inclusive, Block 11.

Block 1.
Located in Acme’s Addition.

Lots 1 through 12, Inclusive, Block 1.
Lots 1 through 8, Inclusive, Block 2.
Lots 1 through 13, Inclusive, Block 3.
All in Acme’s Second Addition.

Lots 1 through 9, Inclusive, Block 1.
All in Green Acres Addition.

Lots 1 through 6, Inclusive, Block 7.
Lots 1 through 6, Inclusive, Block 8.
Lots 1 through 7, Inclusive, Block 9.
Lots 1 through 7, Inclusive, Block 10.
All in Meehan’s Addition.

Lots 1 through 9, Inclusive, Block 4.
Lots 1 through 9, Inclusive, Block 5.
All in Harold A. Johnson’s Second Addition.

Lots 1 through 13, Inclusive, Block 1.
Lots 14 through 21, Inclusive, Block 1.
Lots 1 through 9, Inclusive, Block 2A.
Lots 1 through 27, Inclusive, Block 2B.
Lots 1 through 22, Inclusive, Block 3.
Lots 1 through 11, Inclusive, Block 4.
Lots 1 through 8, Inclusive, Block 5A.
Lots 1 through 10, Inclusive, Block 5B.
Lots 1 through 16, Inclusive, Block 5C.
Lots 17 through 27, Inclusive, Block 6.
Lots 28 through 36, Inclusive, Block 6A.
Lots 1 through 18, Inclusive, Block 6B.
Lots 1 through 11, Inclusive, Block 7.
Lots 1 through 12, Inclusive, Block 7A.
Lots 1 through 34, Inclusive, Block 8.
Lots 1 through 14, Inclusive, Block 9.
Lots 1 through 15, Inclusive, Block 10.
Lots 1 through 30, Inclusive, Block 11.
Lots 1 through 26, Inclusive, Block 12.
Lots 27 through 36, Inclusive, Block 12A.
Lots 3 through 8, Inclusive, Block 13A.
Lots 1 through 24, Inclusive, Block 14A.
Lot 1, Block 15.
All located in South View Villages Addition.

Lots 1 through 16, Inclusive, Block 1.
All in Sunshine Village First Addition.

Lots 1 and 2, Block 1.
Lots 2 and 3, Block 2.
All in Fargo South Addition.

Lots 1 through 4, Inclusive, Block 1.
All in Jeffries Office Park Addition.

Lots 1 and 2, Block 1.
Lots 1 through 9, Block 2.
Lots 1 and 2, Block 4.
Lots 1 and 2, Block 5.
All in S & W 2nd Addition.

Lot 6, Block 3.
Located in Centrac Addition.

Lots 1 through 3, Inclusive, Block 1.
Lots 1 through 5, Inclusive, Block 2.
All in McVets Addition.

Lot 1, Block 1.
Located in Pete’s Addition.

Lots 1 through 3, Inclusive, Block 1.
All in Tennefos Addition.

Lots 1 through 6, Inclusive, Block 2.
All in Tennefos First Subdivision.

COMPRISING (Section 3):
Lots 1 through 3, Inclusive, Block 1.
All in Charlies 3rd Addition.

Lot 1, Block 1.
Located in Charlies 2nd Addition.

Lots 1 and 2, Block 1.
All in Beautiful Savior Second Addition.

Lot 1, Block 6.
Lots 1 through 3, Inclusive, Block 8.
All in Bluemont Lakes Third Addition.

Lot 1, Block 1.
Located in Fargo Baptist Addition.

Lots 1 and 2, Block 1.
All in Fargo Baptist 2nd Addition.

Lots 1 through 16, Inclusive, Block 1.
All in Woodbury Parkhomes Addition.

Lots 9 through 42, Inclusive, Block 1.
Lot 47, Block 1.
Lots 1 through 10, Inclusive, Block 3.
Lots 1 through 5, Inclusive, Block 4.
Lot 1, Block 5.
All in Woodbury Park Addition.

Lots 1 through 8, Inclusive, Block 1.
All in Woodbury Park Second Addition.

Lots 1 through 4, Inclusive, Block 1.
Lots 1 through 11, Inclusive, Block 2.
All in Parkview South Sixth Addition.

Lots 1 through 5, Inclusive, Block 1.
Lots 1 through 6, Inclusive, Block 3.
All in Parkview South Fifth Addition.

Lots 11 through 26, Inclusive, Block 2.
Lot 1, Block 3.
Lots 1 through 9, Inclusive, Block 4.
Lots 1 through 17, Inclusive, Block 5.
All if Parkview South First Addition.

Lots 1 through 14, Inclusive, Block 1.
Lots 1 through 9, Inclusive, Block 2.
All in Parkview South Seventh Addition.

Lots 1 through 12, Inclusive, Block 1.
Lots 1 and 2, Block 2.
All in Replat of Wheatland Pines First Addition.

Lots 24 and 25, Block 2.
Lot 32, Block 2.
All in Parkview South Second Addition.

Lots 1 through 13, Inclusive, Block 1.
Lots 1 through 4, Inclusive, Block 2.
All in Westlake Sixth Addition.

Lots 1 through 5, Inclusive, Block 1.
All in Grove Second Addition.

Lots 1 through 8, Inclusive, Block 1.
Lots 1 through 5, Inclusive, Block 2.
All in Grove Third Addition.
Lots 1 through 19, Inclusive, Block 1.
Lots 1 through 19, Inclusive Block 2.
All in Westlake Fifth Addition.

Lots 1 through 11, Inclusive, Block 1.
Lots 1 through 8, Inclusive, Block 2.
All in Grove Addition.

Lots 1 through 13, Inclusive, Block 1.
Lots 1 through 12, Inclusive, Block 2.
All in Westlake Fourth Addition.

Lots 1 through 13, Inclusive, Block 1.
Lots 1 through 14, Inclusive, Block 2.
All in Westlake First Addition.

Lots 1 through 12, Inclusive, Block 1.
Lots 1 through 30, Inclusive, Block 2.
All in Westlake Second Addition.

Lots A through P, Inclusive, Block 1.
All in Westlake Third Addition.

Lots 1 through 7, Inclusive, Block 1.
All in Parkview First Addition.

Lots 1 and 2, Block 1A.
Located in Bluemont Lakes First Addition.

Lots 1 through 10, Inclusive, Block 1.
All in Bluemont Park First Addition.

Lots 1 through 15, Inclusive, Block 1.
All in Bluemont Park Second Addition.

Lots 2 through 14, Inclusive, Block 1.
Lots 1 through 5, Inclusive, Block 2.
All in Bluemont Park Third Addition.

Lots 1 through 13, Inclusive, Block 4.
All in Bluemont Lakes Second Addition.

Lots 84 through 94, Inclusive, Block 2.
Lots 1 through 14, Inclusive, Block 3.
All in Bluemont Lakes First Addition.

Lot 1, Block 1.
Lots 1 through 5, Inclusive, Block 2.
All in J & R Addition.

Lots 1 through 10, Inclusive, Block 1.
Lots 1 through 29, Inclusive, Block 2.
Lots 1 through 26, Inclusive, Block 3.
Lots 1 through 13, Inclusive, Block 4.
Lots 1 through 11, Inclusive, Block 5.
Lots 1 through 16, Inclusive, Block 6
Lots 1 through 8, Inclusive, Block 7.
Lot 1, Block 8.
All in Wentz Addition.

Lots 1 through 10, Inclusive, Block 1.
Lots 1 through 11, Inclusive, Block 2.
Lots 1 through 22, Inclusive, Block 3.
Lots 1 through 21, Inclusive, Block 4.
Block 5.
Lots 1 through 11, Block 6.
Lots 1 through 11, Block 7.
All in O’Graf Addition.

Lot 1, Block 1.
Located in Goldmark Addition.

Lot 1, Block 1.
Located in Goldmark Second Addition.

Lots 3 and 4, Block 1.
All in Replat of Mjelde Addition.

Lot 1, Block 1.
Located in Oak Court Addition.

Lot 1, Block 1.
Lot 1, Block 2.
All in S & W 3rd Addition.

COMPRISING (Section 4):
Lots 1 through 10, Inclusive, Block 1.
Lots 1 through 8, Inclusive, Block 3.
Lots 9 through 34, Inclusive, Block 4.
Lots 1 through 5, Inclusive, Block 5.
Lots 1 through 6, Inclusive, Block 7.
Lots 1 through 20, Inclusive, Block 8.
Lots 1 through 20, Inclusive, Block 9.
Lots 1 through 13, Inclusive, Block 10.
Lots 1 through 15, Inclusive, Block 11.
Lots 1 through 32, Inclusive, Block 12.
Lots 1 through 4, Inclusive, Block 13.
Lots 6 through 16, Inclusive, Block 13.
Lots 1 through 21, Inclusive, Block 14.
Lots 1 through 21, Inclusive, Block 15.
Lots 1 through 12, Inclusive, Block 16.
Lot 2, Block 17.
All in Osgood First Addition.

Lots 1 through 13, Inclusive, Block 1.
Lots 1 through 18, Inclusive, Block 2.
Lots 1 through 6, Inclusive, Block 3.
All in Osgood Second Addition.

Lots 1 through 7, Inclusive, Block 1.
All in Osgood Third Addition.

Lots 1 through 4, Inclusive, Block 1.
All in Sheyenne Estates Addition.

Lots 1 through 8, Block 1.
All in Osgood River Addition.

Lots 1 through 18, Inclusive, Block 1.
All in Villas by the Greens Addition.

Lots 1 and 2, Block 1.
All in Ferguson First Addition.

Private Drive, Block 1.
Lots 7 through 15, Inclusive, Block 2.
All in Osgood Villas Addition.

Lots 7 through 10, Inclusive, Block 1.
All in Osgood Villas Second Addition.

Lots 1 through 4, Inclusive, Block 1.
All in Osgood Villas Third Addition.

Lots 1 through 3, Inclusive, Block 1.
Lots 1 through 8, Inclusive, Block 2.
Private Drive, Block 2.
All in Osgood Villas Fourth Addition.

Lots 1 through 5, Inclusive, Block 1.
All in South Beach Townhomes Addition.

Lots 18 through 35, Inclusive, Block 4.
Lots 1 through 46, Inclusive, Block 5.
Lot 48, Block 5.
Lots 1 through 19, Inclusive, Block 6.
Lots 1 through 13, Inclusive, Block 7.
All in Osgood Farms First Addition.

Lots 32 and 33, Block 1.
All in Tuscan Villas at Osgood Addition.

Lots 1 through 16, Inclusive, Block 1.
Lots 1 through 7, Inclusive, Block 2.
All in Tuscan Villas at Osgood Second Addition.

Lots 1 and 2, Block 1.
All in Osgood Kindergarten Center and Park Addition.

Lots 1 through 67, Inclusive, Block 1.
Lots 1 through 10, Inclusive, Block 2.
Lots 1 through 28, Inclusive, Block 3.
Lots 1 through 26, Inclusive, Block 4.
Lots 1 through 7, Inclusive, Block 5.
Lots 1 through 5, Inclusive, Block 7.
All in Rocking Horse Farm 2nd Addition.

Lots 1 through 5, Inclusive, Block 1.
All in Rocking Horse Farm 3rd Addition.

Lots 1 and 2, Block 1.
All in Rocking Horse Farm 4th Addition.

Lot 1, Block 3.
Lot 1, Block 4.
Lot 1, Block 5.
All in Rocking Horse East Second Addition.

All unplatted land in the southeast quarter of Section 32, T139N, R49W, 5th Principal Meridian.
All unplatted land in the northwest quarter of Section 32, T139N, R49W, 5th Principal Meridian.

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

NOW, THEREFORE, BE IT RESOLVED, That Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-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. NR-17-A:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. NR-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 $490,137.62.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. NR-17-A:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. NR-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. NR-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.

Direct City Auditor's Office to Call for Bids for Improvement District No. NR-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. NR-17-A in the City of Fargo, North Dakota.

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

Contract for Storm Sewer, Asphalt Paving, Concrete Curb and Gutter, Street Lighting, Sidewalk and Incidentals Improvement District No. BN-16-H1 Approved:
Commissioner Piepkorn moved approval of the Contract between the City of Fargo and Border States Paving, Inc. for Storm Sewer, Asphalt Paving, Concrete Curb and Gutter, Street Lighting, Sidewalk and Incidentals Improvement District No. BN-16-H1 in the City of Fargo, North Dakota.

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

Contract Bond for Storm Sewer, Asphalt Paving, Concrete Curb and Gutter, Street Lighting, Sidewalk and Incidentals Improvement District No. BN-16-H1 Approved:
Commissioner Piepkorn moved approval of the following described Contract Bond as to sufficiency:
Liberty Mutual Insurance Company, in the amount of $912,477.70, for Storm Sewer, Asphalt Paving, Concrete Curb and Gutter, Street Lighting, Sidewalk and Incidentals Improvement District No. BN-16-H1 in the City of Fargo, North Dakota.

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

Applications for Abatement or Refund of Taxes #4469, #4470 and #4471 Submitted by Paradigm Tax Group Representing Wal-Mart Real Estate Business Trust on Property at 3757 55th Avenue South, 4731 13th Avenue South and 4831 13th Avenue South Denied:
The Board received a communication from City Assessor Ben Hushka recommending that the application filed by Kendric M. Olson of Paradigm Tax Group representing Wal-Mart Real Estate Business Trust for the Walmart store at 3757 55th Avenue South requesting a reduction in value from $18,515,500.00 to $8,601,800.00, the Walmart store at 4731 13th Avenue South requesting a reduction in value from $15,649,700.00 to $9,836,100.00 and the Sam’s Club store at 4831 13th Avenue South requesting a reduction in value from $8,851,500.00 to $6,190,000.00 for the 2015 tax year be denied. He said the City’s valuations on all three properties are a result of the original appraisals when the properties were built and annual adjustments and reappraisals over time. He said those valuations were based on market analysis and applied to all properties with similar occupancies and uses. He said the Assessor’s office arrived at the current values using the same valuation methodology and approaches used to arrive at the valuations of all other similar properties in the City. The information included by the applicant, he said, contains screen shots of the Cass County tax system from 2009 to 2016 and the current property information from the City of Fargo website. He said the applicant also included a page listing 26 sales of big box stores from outside of the local market. He said the vast majority of those sales are properties that have been put up for sale after going vacant and in poorer locations than the subject properties. He said the applicant did not provide an appraisal or a value analysis or indicate in any way how the requested value was calculated. He said the applicant also did not provide evidence or proof that the assessment is in error or has been done in an arbitrary, unreasonable or capricious manner. He said the applicant has also filed abatements on other Sam’s Club and Walmart stores across North Dakota. He said the law firms approach is not the same as it was in previous years when the attorneys would come to him in person and engage in some dialogue about the local market and competing properties. He said at that time, if they asked for an informal review, his office would comply with the request. He said now the firms are only using comparable “dark stores” and valuing good stores in good markets as abandoned and vacant. He said all of the stores in Fargo are in the best market area of the City and many of the stores are building additions and remodeling.

In response to a question from Commissioner Piepkorn, asking if there is a better way to deal with these types of applications, Mr. Hushka said the applications regarding commercial property abatements in their current format are becoming a problem for his department and he suggests developing a policy to establish a standard set of rules for submitting the applications, including a requirement to provide a certified appraisal.
Commissioner Gehrig moved based upon Mr. Hushka's recommendation that applications #4469, #4470 and #4471 filed by Kendric M. Olson of Paradigm Tax Group Representing Wal-Mart Real Estate Business Trust for abatement or refund of real estate taxes for the 2015 tax year on property at 3757 55th Avenue South, 4731 13th Avenue South and 4831 13th Avenue South be denied.

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

Applications for Abatement or Refund of Taxes #4461 and #4466 Filed by J.W. Chatum & Associates Representing Coborn’s, Inc. on Property at 1401 33rd Street South Denied:
The Board received a communication from City Assessor Ben Hushka recommending that the application filed by Blake Newell of J.W. Chatum & Associates, representing Coborn’s, Inc. on property at 1401 33rd Street South for the 2016 and 2017 tax years requesting a reduction in the valuation from $9,600,000.00 to $5,589,810.00 be denied. He said the valuation of subject property is a result of subsequent ongoing construction and annual adjustments over time, based on market analysis and applied to all properties with similar occupancies and uses. He said the value on the subject property is in line with market value and is equitable with how similar properties are valued. He said the information from the applicant is almost exclusively sales, asking sale prices and asking lease rates for completely dissimilar properties in other markets. He said most of the sales information is for properties that have been put up for sale after going vacant, usually in poorer locations than the subject property. He said the same information is provided in the applicant’s 2016 and 2017 abatement applications that were filed on all 10 Coborn’s facilities across the state of North Dakota. He said there is no appraisal or value analysis provided by the applicant to support any proof of why the applicant feels the assessment is in error or has been done in an unreasonable, arbitrary or capricious manner. He said there is also no indication as to how the applicant arrived at the value requested. This property was denied a request for an adjustment of the 2017 valuation by the City Board of Equalization, he said, and the County and State Boards of Equalization also denied any reduction of valuation for the 2017 assessment on this property.
Commissioner Gehrig moved based upon Mr. Hushka's recommendation that applications #4461 and #4466 filed by Blake Newell of J.W. Chatum & Associates, representing Coborn’s, Inc. for abatement or refund of real estate taxes for the 2016 and 2017 tax years on property at 1401 33rd Street South be denied.

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

Hearing on Application Filed by Cathedral Lofts, LLC for Payment in Lieu of Tax Exemption (PILOT) Continued to December 18, 2017:
A Hearing had been set for this day and hour on an application filed by Cathedral Lofts, LLC for payment in lieu of property tax exemption for a project located at 719 7th Street North, which the applicant will use in operation of an apartment building with 34 one-bedroom apartments.
No written protests have been filed for the attention of the Board.
City Assessor Ben Huschka said Cass County has exercised the option to participate only in the first five years of this incentive for their share of the payment in lieu of tax at the equivalent of 100 percent improvement exemption. He said Fargo Public Schools intends to participate fully in the incentive.

Jesse Craig, Craig Development, said the project is a 34-unit apartment building; however, the unit mix was changed to include efficiency apartments that will rent for $675.00 a month with heated indoor parking and laundry hookups. He said the property currently is a five-plex and generates about $1,500.00 per year in tax revenue for the county and the five-plex is almost at the end of its life span. He said once the building is torn down, there will be a $7,500.00 loss in tax revenue over five years; however, with the PILOT, in year six, the new project will pay $23,000.00 in tax revenue to the county, which will more than make up for what is lost in the first five years. He said the life span of the new property would be about 50 years and that would mean about $3,000,000.00 in income for county residents. He said from his standpoint, this is a good investment and without the incentive, the project will not happen. He said he could delay the project because the current property is rented, or he could sell the property to Sanford, who will most likely tear down the five-plex and put in a parking lot. He said if Sanford buys the property there would be no tax revenue due to the fact that Sanford is tax exempt. He said he has already purchased the land for $406,000.00 and he actually outbid Sanford for the property in order to keep it as housing. He said the cost to build downtown needs to be taken into consideration as there is no place on the site to store materials and storing and hauling materials is time and money.

In response to a question from Commissioner Gehrig about the monthly rents for the apartments, Mr. Craig said efficiencies will be $675.00, one bedrooms $925.00 and two bedrooms $1,350.00.

Commissioner Piepkorn said he thinks this is a great project; however, even though it is not required at this time, there needs to be a low-income housing option. He said he is not going to vote for apartments anymore unless there is a low-income component.

Mr. Craig said there is a difference between low income and affordable. He said due to land prices and building costs downtown, it is nearly impossible to hit that $600.00 a month mark. He said he has been trying to get his arms around the LIHTC (Low-Income Housing Tax Credit), he has met with Fargo Housing’s Executive Director Lynn Fundingsland, and he went through the whole process of 4 percent versus 9 percent credits, which is a lot to figure out in a short period of time.

Commissioner Gehrig said when the Board grants a PILOT, the City does not lose any money. He said the City charges everyone else for what the developer is not paying. He said if the government was losing money, he would vote for incentives and that is how it should work.

Mr. Craig said the City is charging back the incentives to residents through special assessments.

Commissioner Gehrig said special assessment revenue is a different pot of money used for different reasons.

Mr. Craig said when he builds downtown he has to pay for utilities up front. He said there is a big difference when building on barren land versus trying to build downtown. He said he thought the incentives were for bringing growth and new construction downtown and he is just following City policy. He said he is not the bad guy and he is not fleecing the City. He said the citizens are paying for five years; however, what about the next 45 years? He said there is very little land left downtown and the PILOT is for the core of downtown. He said after this project and another one in Oak Grove, unless there is eminent domain and the City takes down a block, people do not have to sell; therefore, it becomes blight and is not rentable and there is no income.

Commissioner Strand said there is a policy in place for which Mr. Craig qualifies; however, there is a shift in the number of Commissioners supporting the existing policy. He said the purpose of PILOTs is job creation; however, the City has allowed variances for downtown apartment projects. He said he prefers to follow a policy that serves as a road map for applicants and decision makers. He said there are many cities that have addressed similar issues, including St. Louis Park, Minnesota, where there is a 15 percent to 18 percent requirement in affordability components in apartments if developers come to the public trough. He said he does not support PILOTs for apartments as they do not create jobs and they do not support affordability and he does not want to contribute to gentrification.

Commissioner Strand moved a moratorium be placed on PILOTs until further discussion happens with the Tax Exempt Review Committee.

Second by Gehrig. On call of the roll Commissioners Strand and Gehrig voted aye.
Commissioner Piepkorn and Mayor Mahoney voted nay.
Absent and not voting: Commissioner Grindberg.
The motion died for lack of a majority.

Mayor Mahoney said Mr. Craig followed the policy and PILOTs do remove blight. He said Mr. Craig can sell the property to Sanford and they do not pay taxes; therefore, if Mr. Craig is granted the exemption, taxes will be paid. He said there are many properties downtown that have paid the same tax and not increased in value. He said if the City looks at how tax exemptions have helped, property values downtown have gone from $10 million to $325 million. He said he thinks $695.00 for an apartment is reasonable for people who work downtown and it is hard to do the 10 percent to 15 percent affordable housing unless that is written into the policy. Mr. Craig’s project went through policy as it is now and, he said, it should not affect this project.

Commissioner Strand said he has twice requested that the Tax Exempt Review Committee review this discussion and that is still his request. He said he would like to see if there could be any recommendations that can gain the support of the Commission going forward.

Commissioner Piepkorn said he would like Mr. Craig to work with Mr. Fundingsland to try to get firmer numbers. He said he does not support the City financing apartments and at some point that was legitimate; however, it is not what the City should now be doing. He said the City cannot afford to lose independent developers and this is a challenging situation; however, low-income housing is a very big concern in the City.

Mr. Craig said he cannot put low-income housing in this project. He said if he could find a place where he could buy land for $14.00 a square foot, then the numbers would work. He said it is a long process with bonding, financing and bidding and then plans and drawings are needed. He said to shut the project down that was bought and designed under current policy then try to rewrap and put it back in Terry Stroh’s hands to redraw, that alone is more than $50,000.00 in architectural fees. He said then add $27.00 a square foot on top of that, it was a nightmare just to redesign to add efficiencies and two-bedrooms, which was another $12,000.00 in architectural fees. He said trying to accommodate affordable and low-income housing is a whole other thing. He said he knows his tenants and to think that housing does not create jobs is wrong. He said tenants living in his apartments work at or go to downtown bars and restaurants and they would not be there if they did not live downtown. He said he lives downtown, he has his office downtown and he builds downtown. He said there are not just college students and young professionals in his buildings; there are also working people. He said he has managed Section 42 low-income housing. He said the paperwork is a dilemma when it comes to qualifying and recertifying, then someone has to manage it, whether it is Fargo Housing, himself or the City. He said there are a lot of moving parts. He said changing the rules mid-game is not fair. He said he bought the property a year ago. He said who is going to buy any property downtown now at $27.00 a square foot, then have to worry for six months or a year that the project will get denied or the policy is going change? He said he definitely will not be doing it anymore.

In response to a question from Commissioner Strand about apartment vacancy numbers, Planning Director Jim Gilmour said the current rate is about 8.8 percent. He said builders are still building apartments, as there is a need for more
one-bedroom units downtown and near NDSU. He said the ideal vacancy rate is 5 percent to 6 percent. He said builders overshot the market the past three years and many apartment developers have paused and some are looking at projected growth where they see the vacancy rate at 5 percent.

Commissioner Gehrig moved the application filed by Cathedral Lofts, LLC for a 10-year payment in lieu of tax exemption be denied.
The motion died for lack of a second.

In response to a question from Commissioner Piepkorn asking if the hearing is continued, will it jeopardize the project, Mr. Craig said the project is already dead, no matter the vote. He said he will participate in discussions about the incentive policy; however, if this project does not get the full 10-year PILOT, there is no way he can make low income or affordability work in this project. He said he can still contact Sanford and they will buy the property from him.

Commissioner Piepkorn said there needs to be a discussion and Mr. Craig needs to give honest answers as to why affordable housing will not work in his project. He said this would be a discussion to decide what affordable means.

Commissioner Piepkorn moved the Hearing be continued to 5:15 o’clock p.m. Monday, December 18, 2017.

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

Renaissance Zone Project for Power Plates Meals LLC for a Lease Project at 621 2nd Avenue North Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for Power Plates Meals LLC for a business leasing property as part of a zone project at 621 2nd Avenue 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 Law states “a business that purchases or leases property as part of a zone project is exempt from income tax for five taxable years beginning in the year of the investment or lease for income derived from the business locations within the zone.” He said the Fargo Renaissance Zone Development Plan further states “Tenant must be leasing space in a building that has been approved as a zone project to be eligible for consideration.” He stated the Renaissance Zone Authority felt that lease projects such as the application from Power Plates Meals LLC would generally be straightforward and could be advanced to the City Commission following staff review and would generally not require direct Authority action. He said the business will occupy about 980 square feet of the DFI Roberts building by April 2018 and he estimate a $62,500.00 income tax exemption over five years. He said there would be no property tax exemption as this is part of the larger DFI Roberts project. He said staff review found the applicant has met the aforementioned requirements and the project addresses the business retention and expansion goals stated in the Renaissance Zone Development Plan.
Commissioner Piepkorn moved the Renaissance Zone application filed by Power Plate Meals LLC for a lease project located at 621 2nd Avenue North be approved and the income tax exemptions be granted as recommended by the Renaissance Zone Authority.

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

Application to Transfer the Alcoholic Beverage License from River Smash, LLC d/b/a Smashburger to Colvingsod Concepts, LLC d/b/a Smashburger Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "H" Alcoholic Beverage License from River Smash, LLC d/b/a Smashburger to Colvingsod Concepts, LLC d/b/a Smashburger at 1801 45th Street South, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.
City Auditor Steve Sprague the previous owner of Smashburger has sold the business and the new owner wants to acquire the business’ liquor license.

In response to a question from Commissioner Piepkorn asking if the business was moving, Dylan Soderstrom, the new owner of Smashburger, said the business is staying at its current location on 45th Street South.
Commissioner Gehrig moved the application be approved.

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

Application Filed by Off the Hook Seafood, LLC d/b/a Deep Blue Seafood for a Class “GH” Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Off the Hook Seafood, LLC d/b/a Deep Blue Seafood for a Class "GH" Alcoholic Beverage License at 4480 23rd Avenue South, Suite 4, 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 business is now closed for remodeling; however, when the business reopens, it will be able to offer more room for seating.
Commissioner Strand moved the application be approved.

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

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, December 4, 2017.

Second by Gehrig. All the Commissioners present voted aye and the motion was declared carried.
The time at adjournment was 6:06 o’clock p.m.