Board of City Commissioners - February 26, 2018 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, February 26, 2018.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a statement with the following information: The Health Department hosted seminars on bed bugs and has workshops scheduled to support breastfeeding; Library events include Reading the World Book Club, Seusstastic Day, a houseplant workshop and a program on Haiti; U32 apartment developers will start a second building this summer on 32nd Avenue North; The Fargo Project was featured in Art Place America; Police Chief David Todd responded to the recent school shooting in Florida stating Fargo School Resource Officers understand the importance of their roles and will not hesitate to face evil head on to protect students; Fargo’s entry in the 6th Annual Pinewood Derby for Vets at the VFW took first place in the Mayors’ Challenge.

Order of Agenda Approved:
Commissioner Gehrig moved the Order of the Agenda be approved, moving Item Nos. “9” and “29” from the Consent Agenda to the Regular Agenda.
Second by Grindberg. 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 February 12, 2018 be approved as read.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.

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

1. Receive and file an Ordinance Amending Section 25-1509, of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages.

2. Receive and file and Ordinance Amending Section 18-0202, of Article 18-02 of Chapter 18 of the Fargo Municipal Code Relating to Public Ways and Places.

3. 2nd reading, waive reading and final adoption of the following Ordinances; 1st reading, 2/12/18:
a. Amending Section 25-1506, of Article 25-15 of Chapter 25 of the Fargo
Municipal Code Relating to Alcoholic Beverages.
b. Amending Section 10-0304, of Article 10-03 of Chapter 10 of the Fargo Municipal Code Relating to Public Safety, Morals and Welfare.

4. Resolution Establishing License Application Qualification Guidelines (Attachment “A”).

5. Appointment of Alissa R. Olson as an Assistant City Attorney.

6. Applications for Games of Chance:
a. Davies Young Guns for a raffle on 5/31/18.
b. Fargo South High for a raffle on 4/14/18.
c. USA Wrestling of North Dakota for a raffle on 7/19/18.
d. Wellspring for the World for a raffle on 3/1/18.

7. Tax exemptions for improvements made to buildings:
a. Chad R. Justesen, 2304 Centennial Rose Drive South (3 year).
b. Ace Group LLP, 3344 18th Street South (3 year).
c. Peter W. Zuger and Aubrey Fiebelkor-Zuger, 178 Prairiewood Drive South (3 year).
d. Michael S. Dawson, 614 8th Street South (5 year).
e. Ida M. Scherr, 1614 29th Avenue South (5 year).
f. Gregory C. Harness, 1139 5th Street North (5 year).
g. Gregory C. Harness, 1139 5th Street North (5 year).
h. Cupertino Cottages LLC, 1022 1st Street North (5 year).
i. Karen D. Drager, 1026 1st Street North (5 year).
j. James R. Williams, 1115 7th Avenue North (5 year).
k. Charles F. Schmidt and Shawn L. Wing Schmidt, 1307 Oak Street North (5 year).
l. Richard G. and Kathleen Zaylskie, 415 7th Avenue South (5 year).
m. Melanie I. and Troy T. Rudnick, 1918 17th Street South (5 year).

8. 3-year extension to the Agreement with Paymentus Corporation to provide IVR and web payment services.

9. 6-month extension of the Class “A” Alcoholic Beverage License for the Firebox (moved to the Regular Agenda).

10. Amendment to Agreement with Community Medical Services Montana-Private, LLC to provide medication assisted treatment and counseling (SSP17270).

11. Amended Notice of Grant Award with the ND Department of Health for family planning depression screening.

12. Online Services Agreement with GovernmentJobs.com, Inc. d/b/a NEOGOV to provide an applicant tracking system.

13. Agreement with Carl Walker to provide professional engineering services for repairs to city parking structures.

14. Resolution approving Plat of Edition Second Addition (Attachment “B”).

15. Community Housing Development Organization (CHDO) Sponsor Agreement with Beyond Shelter, Inc. and HomeField 2, LLLP to undertake certain activities with HOME grant funds and Declaration of Access Easement (Autumn Fields Second Addition).

16. Certificates of Substantial Completion for the Police Department Remodeling Project at the Border States Electric Building.

17. Authorization of the Fargo Police Department Summer Camp Program as well as a temporary/seasonal positions specific to the camp, funded through grants and charitable donations.

18. Authorization Application for Airborne Custom Spraying to provide FAA Aerial Mosquito spraying.

19. Bid awards for 2018 forestry services.

20. Purchase of one crawler crane from Spyder Crane in the amount of $62,300.00.

21. Purchase of one articulated wheel loader from RDO Equipment in the amount of $223,388.00.

22. Agreement for Entry and Construction with Judie A. VandeVoort as Trustee of the Judie A. VandeVoort Revocable Living Trust (Project No. FM-15-K0).

23. Sole Source Procurement with Border States Electric to provide Millerbernd street lighting poles and pole parts.

24. Bid award for aggregate materials, concrete, asphalt, emulsified asphalt and re-bar (RFP18067).

25. Bid award for water main materials, miscellaneous materials, fire hydrants/parts and miscellaneous street materials (RFP18066).

26. Change Orders for Project No. WA1301:
a. No. 14 for an increase of $63,662.00 for the general construction contract.
b. No. 12 for an increase of $157,582.27 for the mechanical construction contract.
c. No. 7 for an increase of $73,791.00 for the electrical construction contract.

27. Sole Source Procurement with Connection for the Supervisory Control and Data Acquisition (SCADA) network equipment for the Membrane Water Treatment Plant in the amount of $73,223.07.

28. Bills in the amount of $6,570,863.21.

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

Creation and Addition of Improvement District No. FM-14-83 to the 2018 Capital Improvement Plan Approved:
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) stating the Committee reviewed correspondence from Division Engineer Nathan Boerboom regarding a recommendation to create and add a project to the 2018 Capital Improvement Plan (CIP). They said this is the last phase of the 2nd Street South Flood Mitigation Project located directly south of the Main Avenue intersection and includes the reconstruction of Storm Sewer Lift Station No. 1, construction of a removable floodwall across 2nd Street South and reconstruction of the floodwall east of 2nd Street South to the U.S. Army Corps of Engineers specifications. They said due to the condition and age of the pavement on 2nd Street South, staff is recommending it be added to the Diversion Authority’s project and additional pavement will be the City’s responsibility and will be funded according to the City’s Infrastructure Funding Policy.

Commissioner Gehrig moved the creation and addition of Improvement District No. FM-14-83 to the 2018 Capital Improvement Plan be approved.

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

Negative Final Balancing Change Order No. 4 for Improvement District No. PR-17-H1 Approved:
Commissioner Gehrig moved approval of the Negative Final Balancing Change Order No. 4 in the amount of -$66,156.83 for Improvement District No. PR-17-H1.
Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Bids Received for Reconstruction of City Order Sidewalks Improvement District No. SR-18-A1:
The bids for City Order Sidewalks Improvement District No. SR-18-A1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., Wednesday, February 21, 2018 and the bids were found to be as follows:

Dirt Dynamics, LLC Fargo, ND
Bid: $235,450.00

Paras Contracting, Inc. Fargo, ND
Bid: $281,865.00

Master Construction Company, Inc. Fargo, ND
Bid: $298,575.00

Ti-Zack Concrete, Inc. LeCentre, MN
Bid: $318,175.00

Hazelton Construction Moorhead, MN
Bid: $401,037.50

Contract for City Order Sidewalks Improvement District No. SR-18-A1 Awarded to Dirt Dynamics, LLC in the Amount of $235,450.00:
Commissioner Gehrig offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of City Order Sidewalks Improvement District No. SR-18-A1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received February 21, 2018 for City Order Sidewalks Improvement District No. SR-18-A1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for City Order Sidewalks Improvement District No. SR-18-A1 shows the bid of Dirt Dynamics, LLC of Fargo, North Dakota, in the sum of $235,450.00 to be the lowest and best bid received.
NOW, THEREFORE, BE IT RESOLVED, That the Board of City Commissioners finds and declares the bid received from Dirt Dynamics, LLC in the sum of $235,450.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for City Order Sidewalks Improvement District No. SR-18-A1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Dirt Dynamics, LLC for the sum of $235,450.00, subject to the supervision, inspection and approval of the City Engineer, and in accordance with the Plans and Specifications filed in the office of the City Auditor.

Second by Grindberg. On the vote being taken on the question of the adoption of the Resolution Commissioners Gehrig, Grindberg, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Street Lighting and Incidentals Improvement District No. SL-17-B (13th Avenue South to I-94 and University Drive South to 1st Street South):
Commissioner Gehrig moved the following action be taken in connection with Street Lighting and Incidentals Improvement District No. SL-17-B:

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

South High Area, 13th Avenue South to I-94, University Drive South to 21st Street South.

COMPRISING:
Bound by the East of University Drive South,
Lots 1 through 22, Block 1.
Lots 1 through 26, Block 2.
Lots 1 through 25, Block 3.
Lots 1 through 26, Block 4.
Lots 1 through 26, Block 5.
Block 6.
All in Bohnsack’s 1st Addition

Bound on the East by University Drive South,
Bound on the South by Interstate Highway 94,
Lots 1 to 5, Block 7.
Lots 10 through 20, Block 7.
Lots 1 through 24, Block 8.
Lots 1 through 23, Block 9.
Lots 1 through 24, Block 10.
Lots 2 through 13, Block 11.
Block 12.
Lots 1 through 10, Block 13.
Lots 1 through 10, Block 14.
All in Bohnsack’s 2nd Addition

Lots A through L, Block 11.
1st Subdivision of Lot 1, Block 11.
All in Bohnsack’s 2nd Addition

Bound on the East by University Drive South,
Bound on the South by Interstate Highway 94,
Block 15.
Lots 1 through 5, Block 16.
Lots 1 through 8, Block 17.
Lots 1 through 10, Block 18.
Lots 1 through 12, Block 19.
Lots 1 through 14, Block 20.
Lots 1 through 16, Block 21.
All in Bohnsack’s 3rd Addition

Block 8.
Fargo Investment Company 1st Addition

Lots 1 to 17, Block 2.
Buland’s Subdivision

Lots 1 through 26, Block 7.
All in Huntington’s Addition

Block 1.
Lewis Addition

Bound on the North by 13th Avenue South,
Bound on the East by University Drive South,
Lots 1 through 26, Block 1.
Lots 1 through 26, Block 2.
Lots 1 through 24, Block 3.
Lots 1 through 26, Block 4.
Lots 3 through 26, Block 5.
Lots 1 through 26, Block 6.
Lots 1 through 26, Block 7.
Lots 1 through 26, Block 8.
Lots 1 through 26, Block 9.
Lots 1 through 26, Block 10.
Lots 1 through 26, Block 11.
Lots 1 through 26, Block 12.
Lots 1 through 26, Block 13.
Lots 1 through 26, Block 14.
Lots 1 through 26, Block 15.
Lots 1 through 26, Block 16.
Lots 1 through 26, Block 17.
Lots 1 through 26, Block 18.
Lots 1 through 26, Block 19.
Lots 7 through 20, Block 20.
Lots 1 through 26, Block 21.
Lots 1 through 16, Block 22.
Lots 1 through 16, Block 23.
Lots 1 through 16, Block 24.
Lots 1 through 16, Block 25.
Lots 1 through 16, Block 26.
Lots 1 through 16, Block 27.
Lots 1 through 16, Block 28.
All in Morton and Doty’s Addition

Lots 1 through 6, Block 20.
Lots 21 through 26, Block 20.
All in Towne Squire Subdivision Addition

Lots 1, Block 1.
Lots 16 through 30, Block 1.
Block 2.
Lots 1 through 32, Block 3.
Lots 1 through 32, Block 4.
Lots 1 through 32, Block 5.
All in Sally Hilleboe Subdivision

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

Bound on the West by Harold A. Johnson’s 1st Addition
Lots 1 through 19, Block 1.
Lots 1 through 12, Block 2.
Lots 1 through 17, Block 3.
All in Harold A. Johnson’s 1st Addition

Bound on the North by 13th Avenue South,
Bound on the West by Harold A. Johnson’s 2nd Addition
Lots 1 through 9, Block 4.
Lots 1 through 9, Block 5.
All in Harold A. Johnson’s 2nd Addition

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

NOW, THEREFORE, BE IT RESOLVED, That Street Lighting and Incidentals Improvement District No. SL-17-B in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost from the City Engineer for Improvement District No. SL-17-B:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. SL-17-B in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $2,314,484.06.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. SL-17-B:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. SL-17-B in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. SL-17-B in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Street Lighting and Incidentals Improvement District No. SL-17-B Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Street Lighting and Incidentals Improvement District No. SL-17-B1 in the City of Fargo, North Dakota, according to the Engineer’s Report for this district and the Plans and Specifications approved by the Board of City Commissioners of the City of Fargo, North Dakota, filed in the Office of the City Auditor, and open for public inspection. A map of the district is attached hereto and incorporated as if fully set forth herein.
That the entire cost of said improvement be specially assessed against the benefited property in said improvement district in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Street Lighting and Incidentals must be in writing and must be filed with the City Auditor's Office within 30 days after the first publication of this Resolution.
BE IT FURTHER RESOLVED, That the City Auditor's Office is hereby instructed to publish this Resolution, as required by law.

Direct City Auditor's Office to Call for Bids for Improvement District No. SL-17-B:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. SL-17-B in the City of Fargo, North Dakota.

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

State Water Commission Request for Reimbursement for FM Diversion Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $36,355.00 for cost reimbursement for the FM Area Flood Risk Management Project for January 2018. He said the request is for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project.
Commissioner Piepkorn moved the cost reimbursement request in the amount of $36,355.00 for the FM Diversion Flood Project for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project be approved.
Second by Gehrig. On call of the roll Commissioners Piepkorn, Gehrig, Strand, Grindberg and Mahoney voted aye.
No Commissioner being absent and none voting nay the motion was declared carried.

State Water Commission Request for Reimbursement for FM Diversion Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $780,105.00 for cost reimbursement for the FM Area Flood Risk Management Project for January 2018. He said the request is for expenses related to projects in the Oxbow/Hickson/Bakke component of the project.
Commissioner Grindberg moved the cost reimbursement request in the amount of $780,105.00 for the FM Diversion Flood Project for expenses related to projects in the Oxbow/Hickson/Bakke component of the project be approved.

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

City Attorney’s Office Directed to Draft an Amendment to Section 25-1509.1 of the Fargo Municipal Code to Allow Alcohol Consumption in Public at Select Downtown Community Partnership Events:
City Auditor Steve Sprague said City of Fargo Ordinance 24-1509.1 prohibits consumption of alcohol in a public place without a liquor license. He said events such as beer gardens or outside events are handled through Class “E” permits, which allow a licensee to take their alcohol license off their licensed premises. He said one exception is at the FARGODOME which allows consumption in public in a specifically designated area for tailgating. He said the Downtown Community Partnership (DCP) is requesting the ordinance be amended to allow consumption in public at designated DCP events such as Corks and Canvas.

Downtown Community Partnership President/CEO Melissa Rademacher shared a packet of information that included comparable ordinances and a proposed alcohol management and safety checklist that could be implemented per event. She said the DCP is requesting an amendment allowing consumption in public at designated DCP events. If patrons are allowed to carry a drink from location to location, she said, she feels the amount of alcohol consumed would be decreased. General agreement is that if this proposal is handled appropriately, it could enhance DCP events, increase traffic, positively engage existing local businesses and possibly lead to a decrease in consumption, she said. An opportunity to test this would be in July at the Street Fair, she said.

Commissioner Piepkorn said he would like to see this go back through the Liquor Control Board for a closer look. He said this is a huge change and he would like to see what other cities, such as Sioux Falls, South Dakota have done.

Ms. Rademacher said Sioux Falls sees success with their events due to the fact that their liquor law allows the DCP to have a liquor license.

Mr. Sprague said he would like to see if there is general support from the Board on whether to move down the path of changing the ordinance to allow consumption in public. Obviously, he said, details need to be worked out.

Commissioner Strand said he supports the concept and sees this as a start and an opportunity to see how the community reacts.

Commissioner Gehrig said this is a good first step. He said if this is successful, Commissioners need to be prepared for others outside of Downtown to ask for the same leeway for events with similar parameters.

Commissioner Gehrig moved to direct the City Attorney’s Office to draft an amendment to Section 25-1509.1 of the Fargo Municipal Code to allow consumption of alcohol in public at select Downtown Community Partnership events.

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.

Application to Transfer the Class “AB” Alcoholic Beverage License from Mom’s Kitchen Inc. d/b/a Tailgator’s Sports Café to Demeske Enterprises Inc. d/b/a Tailgator’s/Mom’s Kitchen Approved:
A Hearing had been set for January 29, 2018 on the transfer of a Class “AB” Alcoholic Beverage License from Mom’s Kitchen Inc. d/b/a Tailgator’s Sports Café at 1322 Main Avenue to Demeske Enterprises Inc. d/b/a Tailgator’s/Mom’s Kitchen.
At the January 29, 2018 Regular Meeting, the Hearing was continued to February 12, 2018.
At the February 12, 2018 Regular Meeting, the Hearing was continued to this date and hour.

City Auditor Steve Sprague said the hearing had been continued previously due to some details that needed to be worked out. He said as he understands it, the details of the sale/transfer have been agreed to now and they are ready to move forward.

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.

Hearing on an Application to Transfer a Class “A” Alcoholic Beverage License from Classic Foods, LTD d/b/a Ground Round Restaurant to FSB Associations, LLC d/b/a Saloon Continued to March 26, 2018:
This was the time and date set for a Hearing on an application to transfer the Class "A" Alcoholic Beverage License from Classic Foods, LTD d/b/a Ground Round Restaurant to FSB Associations, LLC d/b/a Saloon at 506 Broadway North, notice of which had been duly published in the official newspaper for the City of Fargo; however, the applicant is requesting the Hearing be continued to March 26, 2018.

City Auditor Steve Sprague said the Liquor Control Board has not acted on the application due to the fact that there was not enough information and concerns about the location and oversaturation of licenses Downtown. He said he met with the applicant today and discovered more information that may make more sense when Liquor Control looks at it again. He said a franchise is involved and it will be more of a bar and grill than what was originally thought.

Commissioner Piepkorn said he and some of the neighbors have concerns about this. He said with this at the proposed location, there would be three Class “A” licenses on Broadway within 100 yards. Downtown is Fargo’s jewel, he said, and care must be taken not to turn it into a row of bars. He said more food service would be good; however, it is still a Class “A” license.

Commissioner Gehrig said the City already limits the types of liquor licenses and he feels it is going in the wrong direction to limit where they go. Let the people decide, he said. There are other ways to place limitations, he said, such as basing licenses on square footage and number of seats. He said he will bring the idea to the Liquor Control Board to hire an outside consultant to look at Fargo’s laws and how things have been done and from there find a better way forward. He said there is a willing seller and a willing buyer and it would be a dangerous thing to stop because someone believes Downtown has too many bars.

Commissioner Piepkorn said this is a legitimate public safety concern and in his opinion three bars within 100 yards Downtown is a recipe for issues. He said many people have spent a lot of time and effort to rejuvenate Downtown and Broadway.

Mayor Mahoney said looking at the logistics of the law would be good. He said this is an opportunity to have an interesting discussion at the Liquor Control Board to find ideas and discuss whether limitations are appropriate.

Commissioner Grindberg moved the Hearing be continued to 5:15 p.m. on Monday, March 26, 2018.

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

Application Filed by Cash Wise Liquor d/b/a Cash Wise Liquor for a Class “B-Limited” Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Cash Wise Liquor d/b/a Cash Wise Liquor for a Class "B-Limited" Alcoholic Beverage License at 4985 Timber Parkway South, notice of which had been duly published in the official newspaper for the City of Fargo.
No written protest or objection to the granting of the application has been received or filed in the office of the City Auditor, and said application has been approved by the Police Department as to the character of the applicant.
The Board determined that no person is present at this Hearing to protest or offer objection to the granting of the application.

City Auditor Steve Sprague said this is a new license for an off sale at the new Cash Wise grocery store site north of 52nd Avenue South and east of Interstate 29. He said this is the last Class “B-Limited” license currently available.

Commissioner Gehrig moved the application be approved.

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

Parcels of Land in Rocking Horse Farms 5th Addition Rezoned (5801 52nd Avenue South): Covenants, Conditions and Restrictions Agreement Approved:
At a Hearing held on January 4, 2018 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to SR-3,
Single-Dwelling Residential and P/I, Public and Institutional in Rocking Horse Fargo 5th Addition.
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.

Senior Planner Donald Kress said this zoning is consistent with the 2003 Southwest Future Land Use Plan, amended in 2014 as part of the Rocking Horse Farms Second Addition, which designates this property for lower to medium density residential development. He said the project is for residential and park development with 48 lots in three blocks. He said a lot will be transferred to the Fargo Park District and two orphan lots will be owned by the Home Owners Association (HOA). He shared an additional late document of the amended Covenants, Conditions and Restrictions (CC&R) agreement that gives clear guidance on how lots are maintained by the HOA, taxes paid, etc. if the HOA is no longer effective. He said it spells out how the City would be able to deal with the common area lots. He said there are no TIFs or other incentives associated with the project and no public comment has been received.

City Attorney Erik Johnson said the City is not taking on an obligation; the sole purpose for the approval of the document is to allow the Mayor and City Auditor to step in to the shoes of the HOA and enforce a levy or assessment to pay for things should the need arise.

Mike Love, Houston Engineering, said he represents the developer. He said the unique nature of the existing circle in the development has created some issues with double fronting lots and pocket parks. He said Lot 13, the lot the pond is located on, will be deeded to the Park District. The CC&R was drafted as a basic starting point to satisfy the City’s need for clarity in language for the HOA, he said; and there will be amendments as far as design control that will come back to the Board. He said there will be four and half foot sidewalks and a connective trail system.

In response to a question from Commissioner Gehrig about the uniqueness of the City interjecting themselves into contracts, Mr. Johnson said it is not common; however, not without precedence. He said this comes about when there is a park land lot or storm water pond that is its own parcel and not attached to something that has value.

Commissioner Gehrig said it is best to not get involved with neighborhood tiffs and he is glad this is not standard procedure.

Mr. Kress said the orphan lot issue is a common problem faced by many jurisdictions and this is not an atypical practice.

Commissioner Grindberg moved the Covenants, Conditions and Restrictions Agreement be approved and 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 Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Piepkorn, Strand and Mahoney voted aye.
Commissioner Gehrig voted nay.
The motion was declared carried.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Rocking Horse Fargo 5th Addition, City of 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 Rocking Horse Fargo 5th Addition, City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Rocking Horse Farm 5th Addition:
Commissioner Grindberg offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Rocking Horse Farm Fifth Addition” containing 48 Lots, 3 Blocks and 17.19 acres of land more or less, located at 5801 52nd Avenue; and
WHEREAS, A Hearing was held January 4, 2018 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on February 19 and 26, 2018 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., February 26, 2018 at which time said Plat would be considered and all interested persons would be heard.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “Rocking Horse Farm Fifth Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of
Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Developer Agreements with Border States Industries, Inc., Matrix Properties Corporation and Scheels All Sports, Inc. Approved:
A Hearing had been set for this day and hour on three Developers Agreements for the Tax Increment Financing (TIF) District No. 2001-01 for Interstate Business Park. The purpose of the Hearing is to consider three Developer Agreements, including a consideration if the agreements would be unfair competition to other developers/businesses. The agreements provide for the use of a TIF for new streets, storm water facilities and a traffic signal.

Strategic Planning Director Jim Gilmour said the City Administrator and the Planning Department have been working with property owners on the Interstate Business Park development infrastructure. The development includes the future headquarters of Border States Electric, which is now under construction, he said, and infrastructure which is needed to service Border States Electric and adjacent properties. The Renewal Plan tied to the agreements was adopted in 2001, he said, and identified the need for TIF funds for infrastructure to service development in this area. The infrastructure identified in that Renewal Plan includes the facilities in development agreements with each of the three, Border States Industries, Inc., Matrix Properties Corporation and Scheels All Sports, Inc. He said the agreements state that TIF funds will be used for a portion of the cost of new streets, storm water facilities and a traffic signal Matrix and Scheels will have special assessment deferrals until they plat their properties. He said five main points covered are: a portion of the parkway at 23rd Avenue would be continued to the east to connect with 31st Street and 26th Avenue to complete the loop, those special assessments would be capped at about $208 a front foot, provisions for regional storm water facilities, provisions for a regional storm water facility to serve the Border States Electric and Matrix Properties; TIF funds would be used for a traffic light at 23rd Avenue and 42nd Street.

BSI Vice President Phil Settles said building of their facility is in progress and the need is there for the roads.

In response to a question from Commissioner Gehrig regarding why this is a TIF and not an assessment, Mr. Gilmour said it is really a combination of both. He said TIF money is being used to cap the special assessments at a lower rate because it is a difficult property to access given there is not a way to bring 26th Avenue over the Interstate and no natural set of arterial deflectors.

Commissioner Piepkorn said it was best to do all three at one time for more flexibility of moving things, such as drain placement. There were a lot of moving parts, he said, and he thanked the staff for all the hard work that went into it.

Border States Industries CEO Tammy Miller said BSI is excited about the new facility. She said the plan is to move into the new building by spring of 2019. She said growth was a factor when the plan was launched and today there are 38 positions open for the new corporate headquarters in Fargo and five in the Fargo branch. She said last Friday it was announced they will open two new branches in Washington and Idaho.

Commissioner Piepkorn moved the Developer Agreements with Border States Industries, Inc., Matrix Properties Corporation and Scheels All Sports, Inc. in association with Tax Increment Financing District No. 2001-01 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.

Resolution Adopted Approving Plat of Interstate Business Park Addition (3801 26th Avenue South, 3901, 4001 and 4155 23rd Avenue South, and 2880 and 2852 Thunder Road South):
A Hearing had been set for this day and hour to consider approval or denial of an application requesting a Plat of Interstate Business Park Addition a replat of Lot 1, Block 1, Adams 7th Addition and part of the Northeast Quarter of Section 22, Township 139 North, Range 49 West of the 5th Principal Meridian. The Fargo Planning Commission at their Regular Meeting on April 4, 2017 recommended approval of the above-described application.

Senior Planner Donald Kress said the version of this plat that was recommended for approval by the Planning Commission on April 4, 2017, has been revised to exclude an area of approximately 55 acres from the northern portion of the plat, dedicate some additional right of way and reconfigure Lots 1 and 2, Block 1 so that Lot 2 now touches public right of way. He said the project site was zoned GC General Commercial in June 2017.

Commissioner Grindberg offered the following Resolution and moved its adoption:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “Interstate Business Park Addition” containing 3 Lots, 1 Block and 37.49 acres of land more or less, located at 3801 26th Avenue South, 3901, 4001, and 4155 23rd Avenue South, and 2880 and 2852 Thunder Road South; and
WHEREAS, A Hearing was held April 4, 2017 by the Fargo Planning Commission, and notice of such Hearing had been published, as required by law, and said Plat had been approved by the Fargo Planning Commission and by the City Engineer; and
WHEREAS, The City Auditor's Office published a Notice of Hearing on said Plat in the official newspaper for the City of Fargo on February 12 and 19, 2018 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., February 26, 2018 at which time said Plat would be considered and all interested persons would be heard.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “Interstate Business Park Addition” be and the same is hereby in all things affirmed and approved on the basis that it complies with the Standards of
Article 20-06, and all other applicable requirements of the Land Development Code, and that the Mayor of the City of Fargo and the appropriate City Officials are hereby directed to endorse their approval on the Plat and then direct Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

Second by Piepkorn. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

2018 Community Development Action Plan for Housing and Community Development Approved:
A Hearing had been set this day and hour on the proposed 2018 Community Development Action Plan for housing and community development resources, which will be used in the next fiscal year in accordance with the community’s Consolidated Plan update.

The Board received a communication from Planning Director Nicole Crutchfield stating the Community Development Committee is recommending approval of the 2018 Community Development Action Plan. She stated the proposed budget anticipates $637,000.00 in Community Development Block Grant (CDBG) funds and $336,000.00 in HOME funds to be available, as well as approximately $50,000.00 in HOME Program Income. She said activities in the 2018 Action Plan include the following:

HOUSING:
Community Development Housing Organization (CDHO) Project - $100,000.00 in HOME funds for construction of affordable housing.
Housing Rehabilitation-Owner Occupied - $465,000.00 to be available for rehabilitation of existing owner-occupied housing units. This includes $213,000.00 in CDBG and $252,000.00 in HOME funds.
Special Assessment Assistance - $15,000.00 in CDBG funds to assist low-income homeowners with annual special assessments.

DOWNTOWN PROJECTS:
$100,000.00 in CDBG funds for projects that address slum and blight conditions in downtown Fargo.

PUBLIC SERVICE PROJECTS:
Housing Education - $15,000.00 to support Tenant and Homebuyer Education classes in the Fargo-Moorhead community.
Homeless Initiatives - $38,000.00 in CDBG funds to support homeless initiatives at the Gladys Ray Shelter and 10-year plan activities.
Metro Transportation Initiative - $5,000.00 in CDGB funds to provide transportation to low and moderate income participants.
Snow Removal Assistance - $2,000.00 in CDBG funds to offer snow removal assistance to low income senior households and people with disabilities.
NDSCS-Job Training - $30,000.00 in CDBG funds to provide job skills training and development to low-income and New American populations.

FACILITIES/CAPITAL NEIGHBORHOODS:
Fraser, Ltd. - $17,000.00 in CDBG funds to assist with costs of upgrades to an Independent Living Program house.
Rape and Abuses Crisis Center - $60,000.00 in CDBG funds to improve the safety and security at the center.
Rebuilding Together - $10,000.00 in CDBG funds to support home improvements to low-income seniors, veterans and disabled individuals.

PLANNING, ADMINISTRATION AND FAIR HOUSING:
High Plains Fair Housing Center - $5,000.00 in CDBG funds to support comprehensive outreach and fair housing education.
Planning and Administration - $127,000.00 in CDBG funds for project development, planning and administrative costs associated with the delivery of the CDBG program. HOME funds will provide an additional $34,000.00 for administration.

Commissioner Strand moved the 2018 Community Development Action Plan be approved.

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

Creation of a New Subcommittee to Revisit the Results of the Feasibility Study for a Fargo Performance Center Approved:
The Board received a communication from City Administrator Bruce Grubb stating the City Commission in 2014 appointed a subcommittee, chaired by Commissioner Piepkorn to evaluate the potential of repurposing the Civic Center into a performance venue. That final feasibility study was presented to the City Commission in August 2015 and received and filed at that time. He said no further action has been taken pending construction of City Hall, which is expected to be completed this spring. He said he is recommending the formation of a new subcommittee to establish a plan of next steps in the process to include the completion of a preliminary design and cost estimate, as well as a plan of financing. He said it is anticipated that the financing plan would consider a private-public partnership and include a plan for a private fundraising campaign. He shared drone video footage of the City Hall project and Civic Center.

Todd Medd, JLG Architects, representing the feasibility consulting team, said his firm worked closely with city staff, HVS and Schuler Shook preparing the Civic Center Feasibility Study Final Report. He shared the PowerPoint presentation of the Market and Feasibility Study report from August, 2015 and summarized the findings. He said the findings were for a 116,000 square foot venue with seating capacity of about 2,400 with a lot of opportunity for multipurpose use and flexibility going forward. The focus was on theatrical options and flat floor venues, he said, with it being more than a Friday and Saturday night venue. He said the total project cost was more than $50 million, whether it was demolished and rebuilt or built brand new.

In response to a question from Commissioner Strand on whether an option was explored that built a new facility in addition to using the Civic Center for other needs, Mr. Medd said there was not a third option.

Commissioner Piepkorn said the main reason for not exploring a third option was that land acquisition to build a new facility would add tremendous costs to the project.

Mr. Medd said they found there was demand for building new, which would be more functional and offer more flexibility for seating options and architecture. He said private investment is an important part of funding. He said the consensus two and a half years ago was a recommendation for a new build, with next steps being to reinitiate the subcommittee, define costs and create better imagery to build excitement for the project

Commissioner Grindberg said when he saw this item on the agenda, he drafted a Resolution for discussion that he proposes be submitted for adoption at the next City Commission meeting. He said the Chamber’s “Fueling the Future” session included discussion on a performance center as well as a convention center. He said he heard comments that the community is good at studying; however, not good at executing. There is a need for tactical direction, he said, as well as to be more definitive at this level with some specifics, rather than just another committee. His proposed draft resolution includes definition, not just a study, he said, and his intent is to be more definitive, empower the private sector and to set things in motion. He said he would like public and board comments and then in two weeks would like a motion presented that has a clear direction behind it. He read aloud his proposed resolution.

Commissioner Gehrig said it would be great to have a performing arts center; however, the City just built a new City Hall, there was just a $100 million expansion to the water plant, a $100 million expansion is planned for the wastewater plant, there is a need for roads, gutters, etc. that are paid for by taxes which are going up and will go up again. There are gigantic needs in the City, he said; plus a new cost estimate is coming for the FM Diversion.

In response to a question from Commissioner Strand about who would serve on the subcommittee, the Mayor said he would appoint the members similar to the first subcommittee which consisted of 2 Commission co-chairs, 2 City staff, 2 Fargo Dome Authority Members, a Civic Auditorium Board Member and a local events promoter.

Mayor Mahoney said he likes Commissioner Grindberg’s idea of getting a plan and moving forward. He said he likes the idea of private money along with public money in performing arts and the idea behind a consultant would allow professional help to raise money in the private sector. He said there is interest in a 2,500 seat facility that can compete nationally for things that go on in the city. A convention center would cost an additional $50 million to $100 million, he said, and he has asked the Chamber to look at how to finance it. He is happy to look at a convention center, he said; however, taking events that could happen at the FARGODOME and moving them to a convention center could make the FARGODOME unprofitable. An addition to the FARGODOME of $20 million to $40 million could allow it more variety, he said. Not wanting to increase taxes, he said, different ways of financing need to be explored, perhaps there could be a TIF Downtown. He said Commissioner Grindberg’s aggressive timeline looks good and there may be opportunities to reduce costs.

Commissioner Grindberg said the legislative process works and he feels the public needs to be heard prior to any motion being made.

Commissioner Gehrig said an arts center could easily lose money. He said creating a TIF district takes money from the School and Park Districts and taxes go up or funding is diminished because of it.

Commissioner Piepkorn said he likes things kept simple and talk about a convention center will kill this. He said the Board is not approving anything now, this is to go back and refine the numbers. He said a performing arts center would be a huge economic driver that will create jobs and is a great opportunity. He said there would not be a TIF district and taxes would not be raised.

Commissioner Strand said he favors exploring the topic again and wants current contemporary information. He said he would like the Arts and Culture Commission included in the discussion as well. He supports Commissioner Grindberg’s practical approach, he said, and if those timelines and recommendations can be adhered to, all the better. He supports getting the ball rolling, he said, and would like to see what it will look like and whether there is buy-in from the public.

Commissioner Piepkorn moved the formation of a new subcommittee to complete the Fargo Performing Center feasibility study be approved, establishing a plan of next steps in the process, to include the completion of preliminary design and cost estimates, as well as a plan of financing.

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

At 6:35 p.m. the Board took a 10-minute recess.
After recess: All Commissioners present. Mayor Mahoney presiding.

Request to Retrofit the Civic Center with HVAC Equipment Approved:
The Board received a communication from City Administrator Bruce Grubb regarding the need to retrofit the Civic Center with certain HVAC equipment that is currently located in the old City Hall building. He said the demolition of the old City Hall will result in the removal of a cooling tower, piping and controls that are necessary for providing cooling to the Civic Center and City Administration offices. He said during the preparation of bidding documents for the demolition of old City Hall, a plan was also developed to retrofit the Civic Center with stand-alone HVAC equipment. Additionally, he said, maintenance staff from Buildings and Grounds informed the Civic Center that the steam boiler plant has reached the end of its useful life and it is recommended for replacement at this time. For these reasons, he stated, a retrofit/fit-up of the Civic Center HVAC system is recommended. The estimated cost, he said, is $780,000.00 and a recommended funding plan for the work would be financed through a short-term inter-fund loan, with terms of 5, 7 or 10 years at an annual interest rate of 1.5%. He said he is asking for approval with Sole Source Procurement approval of Obermiller Nelson Engineering based on their experience and knowledge of the mechanical relationship between the old City Hall and the Civic Center.

In response to a question from Commissioner Piepkorn on whether any of the equipment is movable, Mr. Grubb said some could likely be removed and reinstalled if at some point in the future, the Civic Center should come down and a new building would go up. He estimated that about a half a million dollars worth could be reused.

Commissioner Strand said he is conflicted on this since the previous discussion was just about a $50 million facility.

In response to a question from Commissioner Strand about whether events already booked could be relocated somewhere else until the fate of the Civic Center was determined in order to cut costs, Mayor Mahoney said once the old City Hall is removed and the building divided, there is no choice.

Commissioner Piepkorn moved the Civic Center be retrofitted with HVAC equipment with funding to come from a short-term interfund loan.

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

Lease/Purchase of the Border States Electric IT Building Approved:
City Administrator Bruce Grubb said that as of mid-2017 the City has been leasing the warehouse space at Border States Electric for the Police Department Field Services Division. He said Border States leases that building from Red River Properties LLP, so technically the City is subleasing and the City is interested in purchasing the building in 2019 when the lease expires. He said in negotiating with the ownership group, who wanted to keep it as an investment for 10 years, the time period was reduced to five years with an option to purchase the building. He said in front of the Board tonight for discussion is a building acquisition opportunity at 2401 3rd Avenue North, a building also owned by Border States Electric, located north of the new Police station and west of Public Works/Central Garage. He said the property was included in the sublease agreement and includes 18,500 square feet of space currently used by Border States Electric for their Information Technology Division. BSE will be vacating the building in early 2019 to relocate to a new corporate office space in south Fargo. He said there is an option to either lease or purchase the building per a previous approved agreement with BSE; however, the deadline for exercising the option is March 1, 2018. He said he is asking the Board to approve a formal notification to BSE of the City’s intent to exercise the lease/purchase option for the building. A number of departments would be interested in moving to that location, he said, among them are: Red River Valley Dispatch Center, Public Safety, Water Meters or Solid Waste Utility. He said the location near Central Garage would be good for any of them. He said negotiations would be based on appraisals of the buildings and land and as far as funding the building opportunities exist when the former Public Health building vacates and when the downtown Police Department administration building becomes vacant in 2019.

In response to a question from Commissioner Gehrig about whether he is requesting the lease/purchase option or purchase option, Mr. Grubb said purchase.

In response to a question from Commissioner Grindberg about implications of these decisions on the budget, Mr. Grubb said this would be a 2019 budget issue. He said in some other cases, a debt financing plan was utilized for purchase.

Mayor Mahoney said the Red River Dispatch Center would have to be in a secure area; there are many moving parts and many departments that could utilize a building in that area. He said it is best to take opportunities when they come up.

Commissioner Strand moved a formal notification to Border States Electric of the City’s intent to exercise the purchase option for the building located at 2401 3rd Avenue North 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.

Discussion on Alcoholic Beverage Licenses: Six-month Extension of the Class “A” Alcoholic Beverage License for the Firebox Approved (Moved from the Consent Agenda):
Commissioner Piepkorn stated he asked this item be moved from the Consent Agenda to the Regular Agenda to open the discussion on the concept of having the City buy liquor licenses back to reissue or explore other ideas. He said it would be good to find a way to gradually turn over the system. He said he is not intending to single out Firebox; however, he would like to take the opportunity to discuss a license buyback component to the licensing system.

City Auditor Steve Sprague said having the City buy back a license presents an interesting scenario. He said it would take one license out of the free market and the City could issue at a rate other than the free market. He said an Ordinance change in June 2014 essentially made licenses nontransferable unless the business is selling it as a continuation of the business.

Joe Burgum, 514 10th Avenue South, said Fargo’s liquor license system is in need of an overhaul. He said he has researched how other communities have accomplished it, for example, St. Paul did an optional buy back with a sunset and in his opinion the cleanest way would be to offer a global buy back.

Mayor Mahoney said the concept of buying back licenses has been considered in the past. He said he would like the Liquor Control Committee to consider options.

Mr. Sprague said the Auditor’s office received a request to extend the Firebox Class “A” Alcoholic Beverage license. He said the license was secured from the Olive Garden and the original intent was to open a bar in the Meadowlark Building. He said the licensee decided not to open a bar and has been actively pursing selling the license since that time. He said this is the Firebox’s second extension request and the City Commission granted a six-month extension to Firebox at its August 14, 2017 meeting.

Douglas Murch, Conmy Feste Attorneys, said he represents Firebox, and there are negotiations with a potential bar owner, the results of which should be known soon.

Commissioner Piepkorn moved a six-month extension of the Class “A” Alcoholic Beverage License for the Firebox be approved.

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

Installation of Dedicated Bicycle Lanes along 4th Street South from 12th Avenue to 2nd Street South Approved (Improvement District No. BR-18-G1) (Moved from the Consent Agenda):
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) regarding possible bike lane options along 4th Street. They said Engineering staff held a Public Input Meeting with a group living along and in the area. They said a handout was provided at the meeting showing three options along with a voting ballot and at the end of the meeting the ballots were counted resulting in Option No. 2 receiving the most votes.

Transportation Division Engineer Jeremy Gorden shared the PowerPoint presentation from the public meeting and explained three options offered. A survey of the Neighborhood Association indicated a preference for Option 2. He said staff recommends utilizing the 2017 Fargo Moorhead Metropolitan Bicycle and Pedestrian Plan (Option No. 2) and installation of dedicated bike lanes along 4th Street South from 12th Avenue to 2nd Street South. He said this affects street parking so likely there will be adjustments to the winter parking restrictions allowing parking on these avenues.

Commissioner Grindberg moved the installation of dedicated bicycle lanes along 4th Street South from 12th Avenue to 2nd Street South be approved.

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

Commissioner Grindberg moved that the Board adjourn to 5:00 o’clock p.m., Monday, March 12, 2018.
Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:16 o’clock p.m.