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City Commission

Board of City Commissioners - January 2, 2018

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Room at City Hall at 5:00 o'clock p.m., Tuesday, January 2, 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: Tera Orr, a WIC nutritionist at Fargo Cass Public Health, has been certified as a lactation consultant; this year’s theme for the Library’s Winter Read-a-Thon is “Make Reading Your Winter Sport;” the Police Department is now occupying the former Border States Electric building; the City staffs and funds the Gladys Ray Shelter, partners with Beyond Shelter and Fargo Housing Authority and, along with social service funds, helps in a community-wide goal to end homelessness; however, current extreme cold weather is presenting challenges. Along with Churches United and their partnering programs the City is working to come up with solutions. Donations from the public would help.

Order of Agenda Approved:
Commissioner Strand moved the Order of the Agenda be approved, making a correction to Item No. “14” to read Improvement District No. BR-18-B1, not Project No. BR-18-C1.

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

Minutes Approved:
Commissioner Piepkorn moved that the Minutes of the Regular Meeting of the Board held on December 18, 2017 be approved as read.

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

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

1. Receive and file an Ordinance Amending Section 25-1507 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages.

2. 1st reading of an Ordinance Amending Section 35-0102 of Article 35-01 of Chapter 35 of the Fargo Municipal Code Relating to the Sale of Tobacco Products.

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

4. Appointment of Dorsey & Whitney, LLP to serve as the City’s bond counsel firm effective 1/1/18.

5. Applications for Games of Chance:
a. TNT Kid’s Fitness for a raffle and raffle board on 1/11/18; Public Spirited Resolution.
b. Matt Jensen Benefit for a raffle and raffle board on 2/10/18; Public Spirited Resolution.
c. North Central Turf Grass Association for a raffle on 3/1/18.

6. Tax exemptions for improvements made to buildings:
a. Blake J. and Nicole A. Nelson, 2501 Lilac Lane North (5 year).
b. Charles D. Smith, 1526 13 1/2 Street South (5 year).
c. Nathan R. Evenson and Jamie L. Heller, 2486 West Country Club Drive (5 year).
d. John H. and Kristin E. Osborne, 93 28th Avenue North (5 year).
e. Jeffrey J. and Renee Schweitzer, 114 Prairiewood Drive South (5 year).
f. Brian D. and Colleen E. Scherer, 1731 Park Boulevard South (5 year).
g. Bradley T. and Deborah E. Wimmer, 2501 West Country Club Drive South, Unit B (5 year).

7. Contract Agreement with Fargo Park District to implement healthy concession stand options.

8. Direct City Attorney’s office to review and update Articles 11-0805 through 11-0807.

9. Contract Agreement with AE2S to provide marketing and communication for the breastfeeding initiative.

10. Agreement for Services with Janice Tweet to develop and pilot a fruit and vegetable food recovery system for the 2018 growing season.

11. Adopt Resolutions Approving the following Plats:
a. Vista Village Sixth Addition (Attachment “B”).
b. Vista Village Seventh Addition (Attachment “C”).

12. Master Professional Services Agreements for 2018-2020 with Terracon Consultants, Inc., Northern Technologies, LLC and Braun Intertec Corporation for construction materials testing services for Project No. MS-18-A0.

13. Setback Waiver Request for property at 519 Oak Street North.

14. Real Estate Purchase and Sale Agreement with BNSF Railway Company in association with Improvement District No. BR-18-B1 and execution of the Entry and Confidentiality Agreement.

15. Bid award in the amount of $1,259,098.90 to Industrial Builders, Inc. for Project No. QN-17-A1.

16. Bills in the amount of $16,845,286.86.

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

Time Extension for Improvement District No. BN-17-H1 Approved:
Commissioner Grindberg moved approval of a time extension to 11/7/17 for substantial completion of Improvement District No. BN-17-H1.

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

No Protests Received for Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-17-A1 (Storm Sewer Lift Station Nos. 9, 16, 14 and 69):
The Statutory Resolution of Necessity for the construction of Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-17-A1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on November 27 and December 4, 2017 and no protests have been filed in the office of the City Auditor within the legal protest period.

Commissioner Grindberg moved that the Board declare that no protests have been filed to the construction of Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-17-A1.

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

Bids Received for Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-17-A1:
The bids for Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-17-A1 in the City of Fargo, North
Dakota were opened at 11:30 o'clock a.m., December 13, 2017 and the bids were found to be as follows:

Key Contracting, Inc. Fargo, ND
Bid: $495,192.00

PKG Contracting, Inc. Fargo, ND
Bid: $556,069.00

R&R Excavating, Inc. Hutchinson, MN
Bid: $561,448.04

Geislinger & Sons, Inc. Watkins, MN
Bid: $590,510.00

Contract for Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-17-A1 Awarded to Key Contracting, Inc. in the Amount of $495,192.00:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, The City Engineer has prepared and filed a detailed statement of the estimated costs of Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-17-A1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received December 13, 2017 for Storm Sewer Lift Station Modifications and Incidentals Improvements Improvement District No. NR-17-A1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-17-A1 shows the bid of Key Contracting, Inc. of Fargo, North Dakota, in the sum of $495,192.00 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 Key Contracting, Inc. in the sum of $495,192.00 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Storm Sewer Lift Station Modifications and Incidentals Improvement District No. NR-17-A1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Key Contracting, Inc. for the sum of $495,192.00, 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 Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

Resolutions Adopted Prescribing Rates and Charges for Water and Wastewater Utility Services for the 2018 Calendar Year:
The Board received a communication from Wastewater Utility Director Jim Hausauer and Water Utility Director Troy Hall submitting resolutions prescribing rates and charges for utility services for the Water and Wastewater Utility funds. They said these rate adjustments were approved by the City Commission as part of the 2018 annual budget.

Mr. Hausauer said the recommended 3% rate increase is essentially based on a revenue adequacy mode. He said there will be years when there are modest increases or decreases in water and wastewater rates.

Mr. Hall said a 3% increase in water rates amounts to about $.96 per month for the average homeowner, or $11.50 per year. He said it is a 20-year plan, so it is looked at long-term.

In response to a question from Commissioner Piepkorn asking when was the last rate increase, Mr. Hausauer said the last change was in 2014 when rates were reduced 16%. Wastewater rates now are lower than they were in 2006, he said, with Fargo residents paying a flat rate of $16.00 per household. West Fargo will be charged volume metrically, he said, so they will pay Fargo $3.00 per 1,000 gallons of wastewater they send and rates West Fargo residents pay will be their issue.

Commissioner Gehrig said he is liaison Commissioner for the utilities and feels staff does a great job. Becoming a regional provider is great, he said, and there is a lot being invested and many customers being taken on. The City is making money, he said, and he feels enough money is made to run the operations. Twenty percent is being taken from utilities for the General Fund, he said, and he feels the rates are being increased for the General Fund and he will vote “no” on a rate increase as he did with the budget.

Mayor Mahoney said state law allows up to 20 percent to be taken out of utilities. He said the long term plan for funding has been well thought out and Fargo still has one of the lowest utility rates in the state.

Commissioner Grindberg said when the budgeting process begins, he would like to see a presentation, perhaps in May, from City Administrator Bruce Grubb on overall revenue fees. He said he is interested in the increased revenue from becoming a regional center and how that impacts the budgeting process, perhaps allowing the City to rely less on the mill levy and more on fees.

Commissioner Grindberg moved the Resolutions prescribing rates and charges for Water and Wastewater Utility services for the 2018 calendar year and referred to as Attachments “D” and “E” be adopted and attached hereto.

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.

Tom Thompson Reappointed to the City Hall-Auditorium Commission:
The Board received a communication from Mayor Mahoney recommending that Tom Thompson be reappointed to the City Hall-Auditorium
Commission.

Commissioner Strand moved Tom Thompson be reappointed to the City Hall-Auditorium Commission for a three-year term ending January 1, 2021.

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.

Laetitia Hellerud Appointed to the Human Relations Commission:
The Board received a communication from Mayor Mahoney recommending that Laetitia Hellerud be appointed to the Human Relations Commission to fill the unexpired term of Tanya RedRoad who resigned.

Commissioner Strand moved Laetitia Hellerud be appointed to the Human Relations Commission for a term ending July 1, 2019.

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.

Reappointments to the Renaissance Zone Authority:
The Board received a communication from Mayor Mahoney recommending that Steve Swiontek and Cari Luchau be reappointed to the Renaissance Zone Authority.
Commissioner Strand moved Steve Swiontek and Cari Luchau be reappointed to the Renaissance Zone Authority for three-year terms ending January 1, 2021.

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.

Discussion on Process for Tax Exempt Policy:
Commissioner Grindberg said he made reference at the meeting when Cathedral Lofts, LLC and the Tax Exempt Policy was discussed that perhaps policy needs to be more consistent. He said he would like to see some stability/predictability and suggests the policy could follow the two-year cycle of when new Commissioners are seated. He said he would like the City Attorney to look at a procedure or policy to review the tax exempt policy every two years, which would allow new Commissioners to have an opinion on the policy and once voted on, it would stand for two years. The goal is not to provide influence on an individual vote, he said, it is to present the policy for a two-year cycle.

Commissioner Piepkorn said such reviews can take time. He said he would caution against doing it too often or it could be under review all the time. He said he does not see a need to subsidize apartments in downtown, landlords are charging more for them than before.

Commissioner Strand said the issue of affordability is not going away. He said he supports being proactive and exploring ways to achieve affordability.

Hearing on a Dangerous Building Located at 1011 5th Avenue South: Finding of Fact and Order and Notice to Property Owner Approved:
Appropriate Staff Directed to Secure Removal of the Building Should the Owner Fail to Do So:

A Hearing had been set for this day and hour on a dangerous building located at 1011 5th Avenue South.

Inspections Administrator Bruce Taralson said the item is before the Board again because of the requirement to post the City Attorney action, Finding of Fact and Order to Show Cause. He said there are some new indications of an owner who may want to have the house taken down themselves. A new action is needed to extend the time, he stated.

City Attorney Erik Johnson pointed out the packet that was published online indicated an incorrect address and to be clear, the property being voted on is at 1011 5th Avenue South.

Commissioner Piepkorn moved the building located at 1011 5th Avenue South be determined to be a dangerous building and that it be ordered to be demolished and, specifically, that the Finding of Fact and Order for the demolition of said building be, and hereby are, approved and appropriate staff is hereby directed to secure the removal of the building on or before February 20, 2018 should the owner fail to do so.

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 a Dangerous Building Located at 1410 1st Avenue South: Finding of Fact and Order Approved: Appropriate Staff Directed to Secure Removal of the Building Should the Owner Fail to Do So:
A Hearing had been set for this day and hour on a dangerous building located at 1410 1st Avenue South.
The Board received a communication from Inspections Administrator Bruce Taralson submitting a Notice of Dangerous Building Order at 1410 1st Avenue South. He said the property owner has failed to comply with the order to remove the heavily damaged structure within the time allowed. Pursuant to Fargo Municipal Code Section 21-0405, he said, a Hearing was scheduled and Order to Show Cause issued that required the property owner to appear and show cause why the building should not be ordered to be demolished and removed with the costs of that removal to be assessed against the property.

Mr. Taralson said the timeframe is set at a month and a half to see if anyone will come forward and claim ownership. Bank representatives have talked about the property; however, he said, no one wants to take possession. He said unless someone comes out of the woodwork, the City will end up following through with demolition of the property.

City Attorney Erik Johnson said the cost of demolition would be assessed to the property and if there is no one to pay the taxes, it gets lumped in with unpaid taxes. In the end, he said, it could be forfeited to the County then typically the County would quitclaim it to the City. He said perhaps costs can be recouped through the sale of the lot.

Commissioner Strand thanked Mr. Taralson and his staff and said having more action now on some of these properties is good. He said code enforcement is important in keeping neighborhoods viable and keeping neighborhoods from deteriorating to the disadvantage of the neighbors.

Commissioner Grindberg moved the building located at 1410 1st Avenue South be determined to be a dangerous building and that it be ordered to be demolished and, specifically, that the Finding of Fact and Order for the demolition of said building be, and hereby are, approved and appropriate staff is hereby directed to secure the removal of the building on or before February 20, 2018 should the owner fail to do so.

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

Application to Transfer the Alcoholic Beverage License from Lone Star Steakhouse d/b/a Lone Star Steakhouse to Clink LLC d/b/a Luna Coffee Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "FA" Alcoholic Beverage License from Lone Star Steakhouse d/b/a Lone Star Steakhouse to Clink LLC d/b/a Luna Coffee at 1545 University Drive 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 last June, David Schlossman was trying to broker a deal from a realtor’s perspective to transfer the Lone Star Steakhouse license to himself then find a buyer; however, that was denied and he was granted time to try to find a buyer. He said an Ordinance change in June 2014 essentially made such licenses nontransferable unless the business is selling it as a continuation of the business. He said if someone closes up shop and wants to transfer a license that was issued after June of 2014, the license comes back to the City; however, this license was more than 30 years old. He said Luna Coffee is interested in upgrading from a
Class “I” Alcoholic Beverage License which only allows them to serve beer and wine to the Class “FA” License be able to serve mixed drinks.

Commissioner Piepkorn moved the application 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.

Application Filed by KLP Lodging, LLC d/b/a AmericInn Fargo for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by KLP Lodging, LLC d/b/a AmericInn Fargo for a Class "ABH-Limited" Alcoholic Beverage License at 4325 23rd Avenue 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 license would allow the hotel to offer a Manager’s Special, which is a limited time during the day that they can give away alcohol to hotel guests, and also allows off-sale to guests to bring beer or wine back to their rooms. The background check brought some concerns on the DUI history of the manager, he said; however, knowing it is the owner at risk for the license, it would be up to them to see that things stay as they should

Commissioner Grindberg moved the application be approved.

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

Application Filed by Hornbacher’s Inc. d/b/a Hornbacher’s Wine & Spirits for an Alcoholic Beverage License Approved:
A Hearing had been set for this day and hour on the application filed by Hornbacher’s Inc. d/b/a Hornbacher’s Wine & Spirits for a Class "B-Limited" Alcoholic Beverage License at 4101 13th Avenue 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 it is required that off-sale be 100 feet from a grocery store and this meets that requirement. He said this is in the strip mall where Village West Liquors was; however, further east in a different location.

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 Vacation of a Portion of 2nd Street North Between 1st Avenue North and 5th Avenue North of North Dakota R-1 Urban Renewal
Addition Withdrawn (2nd Street North from 1st Avenue North to 5th Avenue North):

A Hearing had been set for November 20, 2017 on a Vacation of a portion of 2nd Street North between 1st Avenue North and 5th Avenue North of North Dakota R-1 Urban Renewal Addition.
At the November 20, 2017 Regular Meeting, the Hearing was continued to December 18, 2017.
At the December 18, 2017 Regular Meeting, the Hearing was continued to this day and hour; however, the Planning Department has
requested the vacation be withdrawn.

Commissioner Grindberg moved the Hearing on a Vacation of a portion of 2nd Street North between 1st Avenue North and 5th Avenue North of North Dakota R-1 Urban Renewal Addition be withdrawn.

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

Hearing on a Dedication Plat of 2nd Street North on Portions of North Dakota R-1 Urban Renewal Addition, Keeney and Devitt’s Second Addition and Portions of Vacated 2nd Street North, 4th Avenue North and 5th Avenue North Withdrawn (2nd Street North from 1st Avenue to 5th Avenue North):
A Hearing had been set for November 20, 2017 on a Dedication Plat of 2nd Street North on Portions of North Dakota R-1 Urban Renewal Addition, Keeney and Devitt’s Second Addition and Portions of Vacated 2nd Street North, 4th Avenue North and 5th Avenue North.
At the November 20, 2017 Regular Meeting, the Hearing was continued to December 18, 2017.
At the December 18, 2017 Regular Meeting, the Hearing was continued to this day and hour; however, the Planning Department has
requested the plat be withdrawn.

Commissioner Grindberg moved the Hearing on a Dedication Plat of 2nd Street North on Portions of North Dakota R-1 Urban Renewal Addition, Keeney and Devitt’s Second Addition and Portions of Vacated 2nd Street North, 4th Avenue North and 5th Avenue North be withdrawn.

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

Parcels of Land in BLU Water Creek Addition, BLU Water Creek Second Addition and Bentley Square Addition Rezoned (4504, 4582, 4600, 4648 and 4682 32nd Avenue South, 3233 and 3265 45th Street South, and 4507 and 4609 33rd Avenue South):
At a Hearing held on December 5, 2017 the Fargo Planning Commission recommended approval of a change in zoning to repeal and re-establish a C-O, Conditional Overlay on Lots 2-6, Block 1, BLU Water Creek Addition, Lots 1-3, Block 1, BLU Water Creek Second Addition and Lot 2, Block 1, Bentley Square 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.

Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

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

First Reading of an Ordinance Repealing and Re-establishing A Conditional Overlay District on Certain Parcels of Land Lying in BLU Water Creek Addition, BLU Water Creek Second Addition and Bentley Square 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 Repealing and Re-establishing a Conditional Overlay District on Certain Parcels of Land Lying in BLU Water Creek Addition, BLU Water Creek Second Addition and Bentley Square Addition, City of Fargo, Cass County, North Dakota be placed on first reading.

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

Parcels of Land in The District of Fargo Third Addition Rezoned (3751 53rd Avenue South):
At a Hearing held on November 7, 2017 the Fargo Planning Commission recommended approval of a change in zoning to repeal and re-establish a C-O, Conditional Overlay on Lots 1 through 3, Block 1, District of Fargo Third 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 changes proposed in the C-O, Conditional Overlay include changes in the area of building and site design intended to provide more flexibility in the design of buildings while keeping the design intent of the original overlay. He said the change is dealing with signage allowing a shorter pylon sign on individual properties than the original C-O, Conditional Overlay allowed; however, providing for the option for one, 60-foot high pylon sign to be shared with all three businesses allowing the opportunity for visibility from I-29.

Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

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

First Reading of an Ordinance Repealing and Re-establishing A Conditional Overlay District on Certain Parcels of Land Lying in The District of Fargo Third 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 Repealing and Re-establishing a Conditional Overlay District on Certain Parcels of Land Lying in The District of Fargo Third Addition, City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving The District of Fargo Third Addition:
Senior Planner Donald Kress said the plat is for a minor subdivision. He said minor subdivision plats do not usually come before the Board; however, it includes a sidewalk waiver. He said the LDC requires a sidewalk along the entire property frontage; however, in this case there would be no purpose in extending the existing sidewalk since it runs into the Interstate right-of-way. He said 53rd Avenue is a public street that turns into the Walmart loading dock, which would not be an area for pedestrians; therefore, the extension of the sidewalk would serve no purpose of connectivity or accessibility.

In response to a question from Commissioner Strand about public right-of-way and if it differs when there is no sidewalk, Mr. Kress said the right-of-way is still there, there is just no sidewalk.

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 “The District of Fargo Third Addition” containing 3 Lots, 1 Block and 3.89 acres of land more or less, located at 3751 53rd Avenue South; and
WHEREAS, A Hearing was held October 3, 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, As announced in the City Commission agenda which was made available on December 28, 2017 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., on January 2, 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 “The District of Fargo Third 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 the Petitioner to file same for record in the Office of the Recorder of Cass County, North Dakota.

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

Amendment to the Planned Unit Development Master Use Plan in Harwood’s Addition Approved (703 and 707 10th Street North):
At a Hearing held on December 5, 2017 the Fargo Planning Commission recommended approval of an amendment to the PUD Planned Unit Development Master Use Plan for Lots 17-18 and portions of Lots 1-2, Block 4 of Harwood’s Addition.
The Fargo Planning Commission recommended approval of the amendment to the PUD Planned Unit Development Master Use Plan at their December 5, 2017 meeting.
No written protest or objection to the amendment has been received or filed in the Planning and Development Department.
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.
The Board determined that no person is present to protest or offer objection to the amendment to the Planned Unit Development.

Senior Planner Donald Kress said this is the 710 Lofts project on 10th Avenue North. He said the applicant wishes to amend the PUD to include an additional property in the existing Planned Unit Development. The addition will allow for additional parking.

In response to a question from Commissioner Gehrig on whether adding property increases the incentive that was granted, Planning Director Jim Gilmour said adding parking to this TIF District would not increase or affect the incentive.

Commissioner Grindberg moved the request be approved.

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

First Reading of an Ordinance Amending the Planned Unit Development Use Master Land Use Plan and Final Plan for Certain Parcels of Land Lying in Harwood’s Addition to the City of Fargo:
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 Amending the Planned Unit Development Use Master Land Use Plan and Final Plan for Certain Parcels of Land Lying in Harwood’s Addition to the City of Fargo be placed on first reading.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Gehrig, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Text Amendment to Amend Section 20-0402.R.1.b of the Fargo Municipal Code (Land Development Code) Relating to the Screening of Outdoor Storage Areas:
A Hearing had been held by the Fargo Planning Commission on November 7, 2017 for the purpose of considering a request for a Text Amendment to Amend Section 20-0402.R.1.b of the Fargo Municipal Code (Land Development Code) relating to the screening of outdoor storage areas and the Fargo Planning Commission at such Hearing recommended to the Board of City Commissioners that the request be approved.
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 the amendment allows more options for required screening of outdoor areas; it does not reduce the requirement for screening.

Commissioner Grindberg moved the request be approved on the basis the proposed Text Amendment complies with Section 20-0904.E (1-3) of the Land Development Code.

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

First Reading of an Ordinance Amending Section 20-0402.R.1.b of Article 20-04 of Chapter 20 of the Fargo Municipal Code (Land Development Code) Relating to Screening of Outdoor Storage Areas:
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 Amending Section 20-0402.R.1.b of Article 20-04 of Chapter 20 of the Fargo Municipal Code (Land Development Code) Relating to Screening of Outdoor Storage Areas be placed on first reading.
Second by Piepkorn. On call of the roll Commissioners Grindberg, Piepkorn, Strand, Gehrig and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Parcels of Land in Ohmer’s Addition Subdivision Rezoned (1314 12th Street North):
At a Hearing held on December 5, 2017 the Fargo Planning Commission recommended approval of a change in zoning from MR-3, Multi-Dwelling Residential to LC, Limited Commercial with a C-O, Conditional Overlay on Lot 29 of Ohmer’s Addition Subdivision of Lots 65 through 68.
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 is a proposal by the Alpha Gamma Rho House Corporation for a parking lot that is not contiguous to the Alpha Gamma Rho property making it not able to have the same zoning as that property. He said it is intended to be used as parking for its residents and the LC, Limited Commercial zoning is the least intense zoning available to allow for a freestanding parking lot. A C-O, Conditional Overlay on the property will restrict the use to a commercial parking lot only.

Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff and the Planning Commission be accepted and the rezoning be approved with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

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

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Ohmer’s Addition Subdivision of Lots 65 through 68, 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 Ohmer’s Addition Subdivision of Lots 65 through 68, City of Fargo, Cass County, North Dakota be placed on first reading.

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

Parcels of Land in Ohmer’s Addition Subdivision Rezoned (1310 12th Street North):
At a Hearing held on December 5, 2017 the Fargo Planning Commission recommended approval of a change in zoning from MR-3, Multi-Dwelling Residential to LC, Limited Commercial with a C-O, Conditional Overlay on Lot 30 of Ohmer’s Addition Subdivision of Lots 65 through 68.
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 property is owned by the Lutheran Center and in contrast to the previous item, this property is adjacent to the Lutheran Center so it can be zoned P/I, Public Institutional. The parking lot has been there for some time and the change to P/I, Public Institutional will make it conforming. The C-O, Conditional Overlay will restrict the lot to religious institution use and commercial parking, he said.

Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning have been complied with; and
WHEREAS, There have been no written or verbal protests to the request for rezoning and no one is present to protest thereto.
NOW, THEREFORE, BE IT RESOLVED, That the findings of staff and the Planning Commission be accepted and the rezoning be approved
with the Conditional Overlay requirements listed in the Ordinance on the basis that it satisfactorily complies with the Comprehensive
Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

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

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Ohmer’s Addition Subdivision of Lots 65 through 68, 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 Ohmer’s Addition Subdivision of Lots 65 through 68, City of Fargo, Cass County, North Dakota be placed on first reading.

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

Commissioner Grindberg moved that the Board adjourn to 5:00 o’clock p.m., Tuesday, January 16, 2018.
Second by Gehrig. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 5:47 o’clock p.m.