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Board of City Commissioners - January 29, 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, January 29, 2018.

The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn, Strand.
Absent: Mahoney.
Deputy Mayor Piepkorn presiding.

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

Minutes Approved:
Commissioner Grindberg moved that the Minutes of the Regular Meeting of the Board held on January 16, 2018 be approved as read.
Second by Gehrig. All the Commissioners present 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 the following Ordinances:
a. Amending Section 10-0304, of Article 10-03 of Chapter 10 of the Fargo Municipal Code Relating to Public Safety, Morals and Welfare.
b. Amending Section 25-1506, of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages.

2. 2nd reading, waive reading and final adoption of an Ordinance Amending Section 25-1507 of Article 25-15 of Chapter 25 of the Fargo Municipal Code Relating to Alcoholic Beverages.

3. Pledged securities as of December 31, 2017.

4. Applications for Games of Chance:
a. Washington Elementary School PTA for a raffle on 4/13/18.
b. St. John Paul II Catholic Schools for a raffle on 4/28/18.
c. Dakota Southeast Chapter of Pheasants Forever, Inc. for a raffle on 3/4/18.
d. Red River Valley Figure Skating Club for a raffle on 3/11/18.
e. St. Mary’s Cathedral for a raffle on 5/6/18.
f. NDSU Judging Club for a raffle on 3/7/18.

5. Tax exemptions for improvements made to buildings:
a. William C. and Laura L. Porter, 132 North Woodcrest Drive North (3 year).
b. Monica D. Olson and Chad M. Pederson, 41 Fremont Drive South (3 year).
c. Matthew E. and Stephanie G. Gruchalla, 2834 Lilac Lane North (3 year).
d. Anthony R. and Ann R. Kallod, 2955 Peterson Parkway North (3 year).
e. Gage A. Dargan, 1910 8th Street South (5 year).
f. Clark M. and Bonnie J. Kirkpatrick, 3641 Par Street North (5 year).
g. Keith G. and Dorothy M. Davis, 3002 Madison Avenue North (5 year).
h. Shawn M. and Julie J. Stoll, 93 18th Avenue North (5 year).
i. Kenneth L. and Karen B. Wilhelm, 1001 19th Avenue South (5 year).
j. Randy and Susan Axvig, 1641 5th Street North (5 year).
k. Star-Ann M. Schank, 1327 14th Street South (5 year).
l. Aaron M. Lockwood, 3005 11th Avenue North (5 year).
m. Trent M. and Rebecca L. Amundsen, 1541 8th Street South (5 year).
n. Joel Hebert, 49 15th Avenue North (5 year).
o. Kari Bollingberg, 1246 3rd Street North (5 year).
p. Jeffrey and Christina Athy, 906 8th Street South (5 year).
q. SLM Properties I LLC, 1357 5th Street North (5 year).

6. Agreement for Services with Southeast Human Service Center for implementation of tobacco prevention activities (RFP17386).

7. Purchase of Service Agreement with ND Department of Health for HIV prevention activities (CFDA #93.940).

8. Grant Agreement with Lutheran Social Services of ND for refugee health services and interpreters.

9. Notice of Grant Award with the ND Department of Health for syringe exchange program technical assistance (CFDA #93.940).

10. Community Development Block Grant Storefront Rehab project at 1303 1st Avenue North.

11. Adopt Resolution Approving Agassiz Crossing 7th Addition (Attachment “A”).

12. Purchase of one fire pumper from Spartan ERV in the amount of $458,954.00 (PBC18071).

13. Federal Aid Recommendations for Years 2018 to 2023 and submit to Metro COG.

14. Request from Metro COG for additional planning studies to begin in 2018.

15. Right of Way Dedication Agreement with Terry and Rhonda King.

16. Bid advertisement for Project No. TM-18-A.

17. Contract and bond for Project No. WW1708.

18. Bills in the amount of $9,348,439.14.

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

Amendment No. 2 with SRF Consulting Group, Inc. for Improvement District No. QN-17-A1 Approved (Oak Grove/Memorial Parks Pedestrian Lift Bridge):
The Board received a Report of Action from the Public Works Projects Evaluation Committee (PWPEC) stating Amendment No. 2 for Improvement District No. QN-17-A1 with SRF Consulting Group covers additional work associated with the Oak Grove/Memorial Parks Pedestrian Lift Bridge Project with costs to be split 50/50 with the City of Moorhead.
Commissioner Grindberg moved Amendment No. 2 with SRF Consulting Group, Inc. for Improvement District No. QN-17-A1 in the amount of $52,426.00 to be split 50/50 with the City of Moorhead be approved.

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

P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-F (3rd to 4th Avenue North between 10th and 11th Street North):
Commissioner Grindberg moved the following action be taken in connection with P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-F:

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

From 3rd to 4th Avenue North between 10th and 11th Street North.

COMPRISING:
Lot 1, Block 1.
All in Lime Addition.

Lots 7 through 12, Block 29.
All in Roberts 2nd Addition.

All of the foregoing is located in the City of Fargo, Cass County, North Dakota.
NOW, THEREFORE, BE IT RESOLVED, That P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-F 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. AN-17-F:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. AN-17-F 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 $83,052.00.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. AN-17-F:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. AN-17-F 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. AN-17-F 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 P.C. Concrete Alley Paving and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct P.C. Concrete Alley Paving and Incidentals Improvement District No. AN-17-F 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 P.C. Concrete Alley Paving and Incidentals must be in writing and must be filed with the City Auditor's Office within Thirty 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. AN-17-F:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. AN-17-F in the City of Fargo, North Dakota.

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

Grading, P.C.C. Pavement, Storm Sewer, Watermain, Traffic Signals, Street Lighting, Sidewalks and Incidentals Improvement District No. BR-18-C (13th Avenue South from 45th Street to 52nd Street South):
Commissioner Grindberg moved the following action be taken in connection with Grading, P.C.C. Pavement, Storm Sewer, Watermain, Traffic Signals, Street Lighting, Sidewalks and Incidentals Improvement District No. BR-18-C:

Adopt Resolution Creating Improvement District No. BR-18-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. BR-18-C in the City of Fargo, North Dakota, be created

On 13th Avenue South from 45th Street South to 52nd Street South.

COMPRISING:
All land that is bounded by 7th Avenue South to the north,
45th Street South to the east,
Interstate 94 to the south,
and City of Fargo Municipal boundary to the west.

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

NOW, THEREFORE, BE IT RESOLVED, That Grading, P.C.C. Pavement, Storm Sewer, Watermain, Traffic Signals, Street Lighting, Sidewalks and Incidentals Improvement District No. BR-18-C 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. BR-18-C:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BR-18-C in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of Fargo’s cost is $8,203,897.00.)

Order Plans and Specifications for Improvement District No. BR-18-C:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. BR-18-C in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BR-18-C:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BR-18-C 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. BR-18-C in the City of Fargo, North Dakota, be and the same are hereby approved and ordered filed in the Office of the City Auditor.

Adopt Resolution Declaring Grading, P.C.C. Pavement, Storm Sewer, Watermain, Traffic Signals, Street Lighting, Sidewalks and Incidentals Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Grading, P.C.C. Pavement, Storm Sewer, Watermain, Traffic Signals, Street Lighting, Sidewalks and Incidentals Improvement District No. BR-18-C 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 a portion of said Grading, P.C.C. Pavement, Storm Sewer, Watermain, Traffic Signals, Street Lighting, Sidewalks and Incidentals Improvement is to be paid from Infrastructure Sales Tax and approximately 94% is to be assessed against the benefited property in amounts proportionate to and not exceeding the benefits to be derived by them respectively from said improvement.
Protests against the proposed Grading, P.C.C. Pavement, Storm Sewer, Watermain, Traffic Signals, Street Lighting, Sidewalks and Incidentals must be in writing and must be filed with the City Auditor's Office within Thirty 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. BR-18-C:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BR-18-C in the City of Fargo, North Dakota.

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

City Hall Project Bids for Furniture, Fixtures and Equipment Awarded:
City Administrator Bruce Grubb said the overall budget for the City Hall project included a line item for furniture, fixtures and equipment (FF&E) in the amount of $1,775,000.00. The Board approved a formal advertisement for bids, he said, and bids were opened on January 18, 2018. FF&E vendors were asked to submit a base bid amount, as well as pricing for several bid alternates, he said. In assembling the best pricing in categories, and based on a thorough review of the bids and alternate pricing, he said, the following bid awards are recommended:

Vendor /Category Bid Total
Hannaher's Workplace Interiors, Fargo, ND
chairs, tables, cabinets, etc. $ 239,670.83
Christianson's Business Furniture Plus, Fargo, ND
workstations, chairs, tables, etc. $ 960,497.12
Interoffice Workspace Furniture and Design, Fargo, ND
chairs, benches, files, etc. $ 118,647.00
Business Essentials, West Fargo, ND
lockers, erase boards, seating, etc. $ 33,494.84
Smartt Interior Construction, Fargo, ND
movable walls $ 77,511.49
Total $1,429,821.28

Allowing for a 4.5% FF&E contingency, the budget line item for FF&E has been adjusted to $1,495,000.00, he said. As a result, he said, the cost savings of $280,000.00 has been added to the overall City Hall project contingency, making it approximately $500,000.00 which could allow the project to be completed within budget.

Commissioner Strand moved the bid awards for City Hall Project Furniture, Fixtures and Equipment be approved as presented.

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

Discussion on Burying of Overhead Power Lines: Appropriate Staff Directed to Meet with Xcel Energy and Bring Forward Proposals to the Board in an Informational Meeting:
Commissioner Piepkorn said he asked for discussion on the burying of overhead power lines. He said he feels some pressure needs to be put on the Xcel Energy to bury power lines, particularly in older parts of town. Changes could be incorporated into new projects, he said, and he would encourage the power company to give the City a budget.

City Administrator Bruce Grubb said the City is in the process of putting together a franchise agreement and Xcel Energy is open to improvements relative to efficiency and things such as smart metering, and while the topic of trees has not been brought up yet, it will be discussed. He said the City has a five-year Capital Improvement Plan (CIP) showing what areas of town streets will be reconstructed and he feels Xcel Energy could be open to producing a five-year CIP for their system which could be synced up with the City’s.

Commissioner Piepkorn said he also has not seen any effort by Xcel Energy to make substations look better and he does feel Cass County Electric is doing a better job at that, in West Fargo for example. Five years is the maximum the City would want to go, he said, and he would like the power company to work on it apart from the City’s construction. He said he does not want to see utility fees raised for this when much of their infrastructure needs to be upgraded.

Mr. Grubb said a starting point for discussion is what they have invested in their infrastructure and what their plan is going forward. He said syncing up the City’s CIP with what Xcel Energy may have would help to get a feel of what that would mean for their investment. Projects would not have to match up specifically, he said; however, he thought it would be a good place to start the discussion.

In response to a question from Commissioner Gehrig about the format of the discussions, Mr. Grubb said his plan is begin with internal staff, including the City Forester, and technical staff, to come to some sort of proposal, and hold an informational meeting.
Commissioner Piepkorn said Cass County Electric is right here in the community so when there are disappointments they are aware of it right away. Xcel Energy has its corporate office elsewhere, he said, so a unified plan is important in getting their attention. He encouraged the public to contact Commissioners with comments, he said.

Commissioner Gehrig moved appropriate staff be directed to meet with Xcel Energy and bring forward a proposal at an informational meeting at a date yet to be determined.

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

State Water Commission Request for Reimbursement for FM Diversion Project Costs Approved:
Finance Director Kent Costin said the State Water Commission is requesting $1,625,005.00 for cost reimbursement for the FM Area Flood Risk Management Project for December 2017. 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 $1,625,005.00 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 and Strand voted aye.
Commissioner Piepkorn voted nay.
Absent and not voting: Mayor Mahoney.
The motion was declared carried.

State Water Commission Request for Reimbursement for FM Diversion Project Costs Approved:
Finance Director Kent Costin said the State Water Commission is requesting $1,792,502.00 for cost reimbursement for the FM Area Flood Risk Management Project for December 2017. He said the request is for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project.

Commissioner Gehrig moved the cost reimbursement request in the amount of $1,792,502.00 for the FM Diversion Flood Project for expenses related to projects excluding the Oxbow/Hickson/Bakke component of the project be approved.

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

Renaissance Zone Project for Pixeled Brewing Co. for a Commercial Lease Project at 1100 NP Avenue North Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for Pixeled Brewing Co. for a business leasing property as part of a zone project at 1100 NP Avenue North.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.

The Board received a communication from Planner Derrick LaPoint stating the Renaissance Zone Law states “a business that purchases or leases property as part of a zone project is exempt from income tax for five taxable years beginning in the year of the investment or lease for income derived from the business locations within the zone.” He said the Fargo Renaissance Zone Development Plan further states “Tenant must be leasing space in a building that has been approved as a zone project to be eligible for consideration.” He stated the Renaissance Zone Authority felt that lease projects such as the application from Pixeled Brewing Co. would generally be straightforward and could be advanced to the City Commission following staff review and would generally not require direct Authority action. He said staff review found the applicant has met the aforementioned requirements. He said the project addresses the business retention and expansion goals stated in the Renaissance Zone Development Plan.

Commissioner Strand moved the Renaissance Zone application filed by Pixeled Brewing Co. for a lease project located at 1100 NP Avenue North be approved and the income tax exemptions be granted as recommended by the Renaissance Zone Authority.

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

Renaissance Zone Project for Pulling Dessert, LLC d/b/a The Silver Lining Creamery-Fargo LLC for a Commercial Lease Project at 123 Broadway North Approved:
A Hearing had been set for this day and hour to receive comments on a Renaissance Zone Project for Pulling Dessert, LLC d/b/a The Silver Lining
Creamery-Fargo LLC for a business leasing property as part of a zone project at 123 Broadway North.
No written protest or objection to the Project has been received or filed in the City Auditor's Office.
The Board determined that no person is present to protest or offer objection to the Project.

The Board received a communication from Planner Derrick LaPoint stating the Renaissance Zone Law states “a business that purchases or leases property as part of a zone project is exempt from income tax for five taxable years beginning in the year of the investment or lease for income derived from the business locations within the zone.” He said the Fargo Renaissance Zone Development Plan further states “Tenant must be leasing space in a building that has been approved as a zone project to be eligible for consideration.” He stated the Renaissance Zone Authority felt that lease projects such as the application from Pulling Dessert, LLC d/b/a The Silver Lining Creamery-Fargo LLC would generally be straightforward and could be advanced to the City Commission following staff review and would generally not require direct Authority action. He said staff review found the applicant has met the aforementioned requirements. He said the project addresses the business retention and expansion goals stated in the Renaissance Zone Development Plan.

Commissioner Grindberg moved the Renaissance Zone application filed by Pulling Dessert, LLC d/b/a The Silver Lining Creamery-Fargo LLC for a lease project located at 123 Broadway North be approved and the income tax exemptions be granted as recommended by the Renaissance Zone Authority.

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

Parcels of Land in Valley View Second Addition Rezoned (3900 56th Street South):
At a Hearing held on January 4, 2018 the Fargo Planning Commission recommended approval of a change in zoning from MR-1, Multi-Dwelling Residential to MR-3, Multi-Dwelling Residential on Lot 1, Block 1, Valley View Second 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 the change in zoning allows more density, 24 units per acre as opposed to 16 units per acre. He said the applicant plans to build 10 additional side-by-side rental townhomes and there are 150 existing units on the property. He said the Planning Department has not heard any comments on the zoning change.
In response to a question from Commissioner Strand about whether these additional units were intended when the apartments were built, Arbor Courts, LLC Owner Brian Kounovsky said they were not. He said the intent is for a buffer between the large buildings and single-family homes across the street. He said one deciding factor was that specials are difficult to manage when there is a large green space. There were no incentives or exemptions on this project, 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 be accepted and the rezoning be approved on the basis that the proposal satisfactorily complies with the Comprehensive Plan, Standards of Section 20-0906.F (1-4) and all other applicable requirements of the LDC.

Second by Gehrig. On the vote being taken on the question of the adoption of the Resolution Commissioners Grindberg, Gehrig, Strand and Piepkorn voted aye.
Absent and not voting: Mayor Mahoney.
The Resolution was adopted.

First Reading of an Ordinance Rezoning a Certain Parcel of Land Lying in Valley View Second Addition to the 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 a Certain Parcel of Land Lying in Valley View Second Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Parcels of Land in Timber Parkway Second Addition Rezoned (4801 and 4951 Timber Parkway South):
At a Hearing held on October 3, 2017 the Fargo Planning Commission recommended approval of a change in zoning to repeal and re-establish a C-O, Conditional Overlay to Timber Parkway Second 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 the plat creates a three lot, one block subdivision and the revised Conditional Overlay maintains much of the original requirements while seeking to simplify their application and to increase pedestrian circulation within the development.
In response to a question from Commissioner Strand on whether there are or will be incentives or exemptions on the property, Mr. Kress said there are not.

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 and Piepkorn voted aye.
Absent and not voting: Mayor Mahoney.
The Resolution was adopted.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Timber Parkway Second Addition to the 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 Timber Parkway Second Addition to the City of Fargo, Cass County, North Dakota be placed on first reading.

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

Resolution Adopted Approving Timber Parkway Second 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 “Timber Parkway Second Addition” containing 3 Lots, 1 Block, and 49.2 acres of land more or less, located at 4801 and 4951 Timber Parkway South; and
WHEREAS, A Hearing was held October 3, 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, As announced in the City Commission agenda which was made available on January 25, 2018 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., on January 29, 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 “Timber Parkway Second 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 and Piepkorn voted aye.
Absent and not voting: Mayor Mahoney.
The Resolution was adopted.

Hearing on 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 Continued to February 12, 2018:
A Hearing had been set for this day and hour 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; however, the applicant is requesting the Hearing be continued to February 12, 2018.

Commissioner Gehrig moved the Hearing be continued to 5:15 o’clock p.m., Monday, February 12, 2018.

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

Commissioner Gehrig moved that the Board adjourn to 5:00 o’clock p.m., Monday, February 12, 2018.

Second by Grindberg. All the Commissioners present voted aye and the motion was declared carried.
The time at adjournment was 5:24 o’clock p.m.