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Fargo City Commission Chambers Hero

Board of City Commissioners - February 11, 2019

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 11, 2019.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

The Mayor read a message with the following information: It was three years ago today Officer Jason Moszer died in the line of duty; tonight’s City Commission meeting is the first to be held in the new City Commission Chambers; Ty Filley has joined the City as Public Information Coordinator; Fargo Cass Public Health will host the Annual Nicotine Dependence Conference on February 15th; upcoming Library programs include Crafternoons for Kids, a dance workshop and storytime with Gasper’s School of Dance and the FM Ballet, a Valentine’s and Anti-Valentine’s Party for teens, a screening of the film “Fatima,” a “Cooking Healthy with Your Instant Pot” class, a tea tasting event, a board game event and Beginner Yoga classes; the Arts and Culture Commission is accepting submissions for the Creative Capital Sponsorship program; Chief Todd spent some time at the North Dakota Legislative Session recently, speaking to lawmakers about seized asset forfeiture and public safety protection orders; and the Police Department will officially have control of the entire Border States Electric building on February 18th.

Order of Agenda Approved:
Commissioner Gehrig moved the Order of the Agenda be approved, omitting Item No. “27b” from the Regular Agenda.

Second by Grindberg. All the Commissioners 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 28, 2019 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. 2nd reading and final adoption of an Ordinance Rezoning Certain Parcels of Land Lying in Golden Valley Second Addition to the City of Fargo, Cass County, North Dakota.

2. Skyway Use Agreement with DFI BC LLC.

3. Applications for property tax exemptions for improvements made to buildings:
a. Steven K. and Michele T. Anderson, 2220 Centennial Rose Drive South (3 year).
b. Richard and Stephanie Kopp, 901 8th Street North (5 year).
c. Banner LLC, 222 Broadway North (5 year).
d. Warner Investment Corporation, 318 Broadway North (5 year).
e. Matthew J. and Jennifer A. Braun, 1129 1st Street North (5 year).
f. Kali R. Frankhanel and Justyn T. Armentrout, 1546 13 1/2 Street South (5 year).
g. Matthew and Kayla Flann, 1833 17th Street South (5 year).
h. Andrew and Apryl Zetocha, 1023 5th Street South (5 year).
i. Paula Kay Henry and Robert Giles, 1533 9th Avenue South (5 year).

4. Site authorization for Prairie Public Broadcasting, Inc. at Bison Turf.

5. Applications for Games of Chance:
a. NDSU Men’s Lacrosse Team for a raffle on 3/22/19.
b. Dakota Se Chapter of Pheasants Forever, Inc. for a raffle board on 3/3/19.
c. NDSU Climbing Club for a raffle on 3/8/19.
d. Red River VW Club for a raffle on 7/27/19.
e. Charism for a raffle on 2/14/19.
f. Fargo Moorhead Derby Girls for a raffle on 3/9/19.
g. Red River Valley Figure Skating Club for a raffle on 3/10/19.

6. Contract award in the amount of $58,000.00 for consulting services to Flint Communications, Inc. in association with Project No. MS-19-B0.

7. Agreements – Engineering Technician I with Peggy Amsbaugh and Dana Johnson.

8. Concur with the Consultant Selection Committee’s recommendations for the selection of consultants for the Master Services Agreements, as presented (Project No. MS-19-A0).

9. Final Balancing Change Order No. 2 in the amount of $10,054.50 for Project No. SN-17-A1.

10. Bid advertisement for Project No. PR-19-A.

11. Bid award for Tree Injection Services - 2019 to Paul Bunyan Nurseries (RFP19008).

12. Agreement with Kara Gloe for Assistant Planner Services.

13. Resolution Approving Plat of Rocking Horse East Fourth Addition
(Attachment “A”).

14. Acceptance of the grant award from the Fargo Force Hockey Organization in the amount of $7,500.00 for the Fargo Police Department to equip squad cars with medical kits.

15. Bid award to DSG Waterworks in the amount of $44,829.69 for Water Main Materials, Miscellaneous Materials, Fire Hydrants/Parts and Miscellaneous Street Materials (RFP19009).

16. Bid award for lease/purchase of one crawler dozer to General Equipment for a total amount of $627,608.00. (RFP19016).

17. Bills in the amount of $9,037,358.62.

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

Change Order No. 4 for Improvement District No. BR-17-C1 Approved:
Commissioner Grindberg moved Change Order No. 4 for an increase of $45,607.22 for Improvement District No. BR-17-C1 be approved.

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

Change Order No. 2 and Time Extension for Improvement District No. NR-18-A1 Approved:
Commissioner Grindberg moved Change Order No. 2 for an increase of $5,480.26 and a 17-day time extension for Improvement District No. NR-18-A1 be approved.

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

Change Order No. 1 and Time Extension for Improvement District No. BN-18-F2 Approved:
Commissioner Grindberg moved Change Order No. 1 for an increase of $108,725.46 and an 8-day time extension for Improvement District No. BN-18-F2 be approved.

Second by Strand. On call of the roll Commissioners Grindberg, Strand, Gehrig, Piepkorn 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-18-C1 Approved:
Commissioner Grindberg moved Negative Final Balancing Change Order No. 4 in the amount of -$143,972.65 for Improvement District No. PR-18-C1 be approved.

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

Negative Final Balancing Change Order No. 3 for Improvement District No. BR-17-A1 Approved:
Commissioner Grindberg moved Negative Final Balancing Change Order No. 3 in the amount of -$102,103.74 for Improvement District No. BR-17-A1 be approved.

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

Seal Coat and Incidentals Improvement District No. PR-19-E (Various Locations in South Fargo):
Commissioner Grindberg moved the following action be taken in connection with Seal Coat and Incidentals Improvement District No. PR-19-E:

Adopt Resolution Creating Improvement District No. PR-19-E:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, deems it expedient that Improvement District No. PR-19-E in the City of Fargo, North Dakota, be created

LOCATION (Section 11):
On Douglas Drive South.
On Rose Creek Parkway South from 25th Street South to Drain No. 53.

LOCATION (Section 12):
On 58th Court South.
On 35th Street South from Maple Valley Drive South to 60th Avenue South.
On Maple Valley Drive South from Autumn Drive South to 35th Street South.
On Autumn Drive South from 60th Avenue South to 40’ south of Maple Valley Drive South.
On 60th Avenue South from 36th Street South to Maple Valley Drive South.
On 62nd Avenue South east of Maple Valley Drive South.
On 36th Street South from 1075’ north of 60th Avenue South to 274’ south of 60th Avenue South.

LOCATION (Section 14):
On 34th Avenue South from 47th Street South to 50th Street South.
On Chelsea Lane South from 47th Street South to 50th Street South.
On 35th Avenue South from 47th Street South to 50th Street South.
On Spencer Lane South from 47th Street South to 50th Street South.
On 36th Avenue South from 45th Street South to 47th Street South.
On 47th Street South from 33rd Avenue South to 36th Avenue South.
On 49th Street South from 33rd Avenue South to 150’ south of Spencer Lane South.
On 50th Street South from 34th Avenue South to Spencer Lane South.

COMPRISING (Section 11):
Lots 1 through 14, Block 2.
Lots 1 through 7, Block 3.
All in Coulee’s Crossing Addition.

Lots 1 through 6, Block 1, Coulee’s Crossing 3rd Addition.

Lots 10 through 13, Block 1, Coulee’s Crossing Court Addition.

COMPRISING (Section 12):
Lots 23 through 71, Block 1.
Lots 1 through 10, Block 2.
Lots 1 through 22, Block 3.
Lots 1 through 19, Block 4.
Lots 1 through 40, Block 5.
Lots 1 through 21, Block 6.
Lots 23 through 36, Block 6.
Lots 2 through 48, Block 8.
All in Maple Valley Addition.

COMPRISING (Section 14):
Lots 1 through 12, Block 6.
Lots 1 through 24, Block 7.
Lots 1 through 24, Block 8.
Lots 1 through 24, Block 9.
Lots 1 through 12, Block 10.
Lots 1 through 14, Block 11.
Lots 1 through 14, Block 12.
Lots 1 through 12, Block 13.
Lots 1 through 27, Block 14.
All in Brandt Crossing 1st Addition.

Lots 1, 2, 3, 7, 8, 9, 10 and 11, Block 1, Brandt Crossing 2nd Addition.
Lots 1 through 17, Block 1, Brandt Crossing 3rd Addition.
Lots 1 and 2, Block 1, Sincebaugh 2nd Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Seal Coat and Incidentals Improvement District No. PR-19-E in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost from the City Engineer for Improvement District No. PR-19-E:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. PR-19-E 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 $1,129,085.00.)

Order Plans and Specifications for Improvement District No. PR-19-E:
Direct City Engineer to prepare Plans and Specifications for the construction of Improvement District No. PR-19-E in the City of Fargo, North Dakota.

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. PR-19-E:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. PR-19-E in the City of Fargo, North Dakota, as required by law; and
WHEREAS, Plans and Specifications and the Engineer's Report prepared by the City Engineer, have been considered.
NOW, THEREFORE, BE IT RESOLVED, That the Plans and Specifications and Engineer's Report for the construction of Improvement District No. PR-19-E 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 Seal Coat 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 Seal Coat and Incidentals Improvement District No. PR-19-E 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 Seal Coat 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. PR-19-E:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. PR-19-E in the City of Fargo, North Dakota.

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

Billy Nustad and Daniel J. Olson Reappointed to the City Hall-Auditorium Commission:
The Board received a communication from Mayor Mahoney recommending that Billy Nustad and Daniel J. Olson be reappointed to the City Hall-Auditorium Commission.
Commissioner Strand moved Billy Nustad and Daniel J. Olson be reappointed to the City Hall-Auditorium Commission for three-year terms ending January 1, 2022.

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

State Water Commission Request for Cost Reimbursement for FM Diversion Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $105,433.98 for cost reimbursement for the FM Area Flood Risk Management Project for December 2018. He said the request is for expenses related to the Oxbow/Hickson/Bakke component of the project.
Commissioner Grindberg moved the cost reimbursement request in the amount of $105,433.98 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, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

State Water Commission Request for Cost Reimbursement for FM Diversion Project Costs Approved:
The Board received a communication from Finance Director Kent Costin stating the State Water Commission is requesting $121,908.95 for cost reimbursement for the FM Area Flood Risk Management Project for December 2018. He said the request is for expenses excluding the Oxbow/Hickson/Bakke component of the project.
Commissioner Grindberg moved the cost reimbursement request in the amount of $121,908.95 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 Grindberg, Gehrig, Piepkorn, Strand and Mahoney voted aye.
No Commissioner being absent and none voting nay, the motion was declared carried.

Request for Proposals for City-owned Property at 1-2nd Street South Approved:
The Board received a communication from Director of Strategic Planning and Research Jim Gilmour stating the Finance Committee is recommending that the City call for proposals for the development of city-owned property at 1-2nd Street South. He said this is a portion of the site where the Park East Apartments were acquired for a flood control project. The Engineering Department has identified a 54,000 square foot segment of the property that is not needed for flood control, he said. The property that will be for sale is currently a staging area for construction of the flood control project, he said, and should be available on or about August 1st. He said there has already been some inquiries about the property due to its high-visibility location as an entrance into Fargo and he hopes for development that will reflect well on the City.

In response to a question from Commissioner Gehrig, asking since the City purchased this land for flood protection with flood sales tax dollars is the City certain that a developer can build on it, City Engineer Brenda Derrig said the parcel of land is remnant land and will be outside of the levee; however, a developer will have to follow all building rules.

In response to a question from Commissioner Strand, asking how this property is viewed according to Fargo’s Downtown Master Plan, Mr. Gilmour said there is a high probability that this property will include residential; however, this property was not included in the Downtown Master Plan.

In response to a question from Commissioner Strand, asking if the City had considered syncing this property with the Lashkowitz High Rise, Mr. Gilmour said they are not connected, and there is no real way to drive or walk from the High Rise to this particular property without crossing the flood control project or the parking lot of the Gateway Shopping Center. He said the Lashkowitz High Rise did consider using this land for surface parking; however, they were able to find other options. He said with low income housing, the better philosophy is to spread it around the community rather than adding more to what is already there.
Commissioner Grindberg moved the Request for Proposals for City-owned property at 1-2nd Street South be approved.

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.

Amendment to the Growth Plan of NSC Addition Approved (5703 and 6101 45th Street North):
A Hearing had been set for this day and hour to consider approval of an amendment to the Growth Plan within a portion of the boundaries of the proposed NSC Addition.
The Fargo Planning Commission recommended approval of the amendment to the Growth Plan at their September 4, 2018 meeting.
No written protest or objection to the amendment to the Plan has been received or filed in the Planning and Development Department.
The Board determined that no person is present to protest or offer objection to the Growth Plan amendment.
Commissioner Grindberg moved the amendment to the Growth Plan be approved.

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

Parcels of Land in NCS Addition Rezoned:
At a Hearing held on September 4, 2018 the Fargo Planning Commission recommended approval of a change in zoning from AG, Agricultural to P/I, Public and Institutional.
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.

Current Planning Coordinator Donald Kress said the applicant and owner of this land is the City of Fargo which encompasses about 195 acres. He said the subdivision application includes 5703 and 6101 45th Street North; however, the Growth Plan Amendment and zoning change are only for 6101 45th Street North, which is the Fargo Park District’s Northside Softball Complex. He said the zone change and Growth Plan Amendment would change the land use designation of Lot 1 to a parks and open space designation, which is appropriate zoning for the softball complex. He said Lot 2 will be platted but not rezoned until there is further development. He said a Lease Agreement established between the City and the Fargo Park District in 2013 enables the Park District to utilize the property for the softball complex.
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 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.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in NSC 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 NSC Addition to the City of Fargo, Cass County, North Dakota be placed on first reading with the understanding that the Ordinance will be amended to reflect a zoning change on Lot 1 only.

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.

Resolution Adopted Approving NSC Addition:
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, A Plat has been filed in the office of the City Auditor entitled “NSC Addition” containing 2 Lots, 1 Block and 195.634 acres of land more or less, located at 5703 and 6101 45th Street North; and
WHEREAS, A Hearing was held September 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 January 28 and February 4, 2019, that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., February 11, 2019 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 “NSC 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 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.

Item No. 27b Omitted:
Item No. 27b (Hearing on Special Assessments of Sewer Repairs) was omitted.

Application Filed by CI Sport, Inc. for a Five-Year Property Tax Exemption Approved:
A Hearing had been set for this day and hour on an application filed by CI Sport, Inc. for a five-year property tax exemption for a project at 2121 43rd Street South which the applicant will use in operation of designing and marketing collegiate and corporate apparel.
No written protests have been filed for the attention of the Board.
The Board determined that no person is present at this Hearing to protest or offer objection thereto.
City Assessor Ben Hushka said CI Sport, Inc., which currently operates in a building Downtown on Broadway, is purchasing the Gander Mountain building and relocating its business in order to expand. He said CI Sport, Inc. designs, develops and provides printing on collegiate and corporate apparel and soft goods. The Tax Exempt Review Committee feels that this request does meet the necessary criteria to be eligible for the exemption for the expansion portion of the improvements, he said, which includes additional equipment and inventory, and expanded payroll and commissions due to projected staff increases.

In response to a question from Commissioner Gehrig, asking if the project would work without the tax exemption due to the fact that CI Sport, Inc. is putting a lot of money into this project already and is $30,000.00 a year really going to make or break it, Warren Ackley, a partner in CI Sport, Inc., said the project would not work without the incentives.

In response to a question from Mayor Mahoney, asking if CI Sport, Inc. could take its business anywhere in the state, Mr. Ackley said there have been other opportunities to relocate; however, the Gander Mountain location has been vacant for some time, it is in a very visible area and it is a great opportunity for the business to get out of Downtown. He said there are several proposals for the current building Downtown and this will be two projects at once; therefore, the incentives are needed to go forward. He said when the new location is up and running, they will go from 83 to 134 employees.

In response to a question from Commissioner Strand, asking if Gander Mountain received any prior tax exemptions or incentives, Mr. Hushka said Gander Mountain was retail and would not have qualified for incentives. He said the exemption is only on the building and CI Sport, Inc. will be paying property taxes on the land.

Commissioner Strand commended Mr. Ackley for paying a living wage to his employees and he said he feels businesses that are receiving public support should be paying a living wage.
Commissioner Piepkorn moved that the application filed by CI Sport, Inc. for a five-year property tax exemption pursuant to Chapter 40-57.1, NDCC be approved.

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

Parcels of Land in St. Paul’s Newman Center Addition Rezonedma Planned Unit Development Overlay and Planned Unit Development Master Land Use Plan Approved (Various Locations in North Fargo):
At a Hearing held on June 5, 2018 the Fargo Planning Commission recommended approval of a change in zoning from MR-3, Multi-Dwelling Residential, LC, Limited Commercial and SR-3, Single-Dwelling Residential to MR-3, Multi-Dwelling Residential with a PUD, Planned Unit Development and a Planned Unit Development Master Land Use Plan for 1113, 1117, 1119, 1129, 1131, 1141 North University Drive; 1112, 1118, 1122, 1126, 1130, 1134, 1138, 1142, 1146 12th Street North; 1201, 1211, 1213, 1215, 1223 11th Avenue North, Lots 1-10, Block 2, College Addition and Lots 1-4 and 15-23, Bolley’s Subdivision of Block 9 of Chapin’s Addition.
The City Auditor's Office published a Notice of Hearing stating 5:15 p.m. on January 14, 2019 was the time and date set for said Hearing at which time all interested persons could appear and would be heard.
At the January 14, 2019 meeting, the Hearing was continued to this day and hour.

Planning Director Nicole Crutchfield said since the Public Hearing the developer and the Roosevelt Neighborhood Association (RNA) have agreed to a compromise known as “Option D.” She said a summary of the changes include the proposed number of units have gone from 33 to 32 and includes all phases of townhomes. She said the developer is proposing a grouping on Lot 3 and has added a potential Lot 4 for future townhomes. She said all of that combined and including the Pastor’s residence equals 32 units an acre. She said the project height was reduced to four stories and three stories on the end cap. There is also some green space at the corner of 12th Street and 11th Avenue North, she said, and many people played a role in developing this level of compromise. She said the City is in a quasi-judicial process with Planning regulations, including balancing property rights and comprehensive planning goals. She said she realizes there are those who are not in support of this project; however, at this point she wants to be sure the Board has all the information needed to make a decision. She said some of the Commissioners have asked about the next steps and there has been a lot of discussion about the hearing process and how that can be changed or improved. She spoke with the Planning Commission about the 2019 Work Plan, she said, and the Core Neighborhood Plan, which has started to develop a timeline and process with the Planning Commission and Community Development Committee. She said as part of that process, there will be a public engagement process with all the stakeholders on par with the Downtown Infocus and Go2030. The purpose of that planning process, she said, is to come up with a corrugated consensus and long-range vision. She said that vision, which has continued to grow and change in respective people's minds, so it is time to get that vision brought together and build a consensus and a comprehensive plan as is expected in all other comprehensive planning processes. She said she is thankful for the increased neighborhood feedback over the years and discussion of the continuous cycle of blight and that the 2019 City budget includes the hiring of a full-time Code Enforcement position. The City is also collaborating with the Inspections and Assessor's departments, she said, along with Habitat for Humanity and Rebuilding Together to update the City’s demolition, dangerous building rehab and housing stabilization programs. The bottom line, she said, is staff supports this project and specifically at this location. She said these improvements and investment will be a positive addition to the neighborhood and it will lead to providing better-managed housing and a safer environment.

Larry Nygard, Roers Development, said this is a pivotal moment and the culmination of many years of work.

Father James Cheney, St. Paul’s Newman Center, said he has been working on this project for 14 years and he knows it will be positive for the community while addressing density around NDSU. He said the project will provide a safe environment and programming for students and is thankful for all the work done by Roers and the RNA.

Ken Enokson, 1202 8th Street North, said “Option D” gives the neighborhood a future with lower density, green space, townhomes to replace some of the lost single-family residences, lowered heights, the parking was moved and the developer will try to salvage a few of the homes for renovation. He said he continues to have concerns about density and worries about overflow parking and the precedent set by this project; however, it could have been worse if the RNA did not exist and get involved. There are residents who do not accept this compromise, he said, and feel the Board should reject it. He said they have valid fears such as the Board approving the demolition of single-family homes to make room for large-scale, high-density developments, which is not a long-term solution for core neighborhoods. He said there is a lack of clear policy planning in the City, which is a disservice to the residents. Core neighborhood residents see gaps in the process that need addressing, he said, and they would like to know the value of previous agreements the City has made with neighborhoods in the form of zoning ordinances and development codes and the purpose and value of future land use plans. He said skirting the enforcement of residential protection standards by the over-application of PUD’s is problematic and shortsighted. The neighborhoods want a process that respects property rights, he said, and stands by these rights and honors codes and agreements.

Commissioner Gehrig said he lives in the Roosevelt neighborhood, he is Catholic and he attended NDSU and would support the project if incentives were not involved.

In response to a question from Commissioner Gehrig, asking if Roers Development will be asking the City for incentives for this project, Mr. Nygard said if incentives are available, they will ask for them.

Commissioner Piepkorn said the Board is only voting on the project and there are no proposed incentives at this time.

Commissioner Gehrig said the choice for him is binary and he will not support a project with large incentives attached. He said he wishes Roers good luck and he hopes it happens; however, he will not support the incentive nor the iteration of this project.

Commissioner Strand said he feels like no one is happy; however, when he hears the graciousness it is like a eulogy at a funeral, there is a grieving aspect and he hopes healing happens as this moves forward. He said he does not want to see a neighborhood go through this again and hopes everyone can decide to make it the City’s highest priority to have policies direct actions and to address gaps in policies. The neighborhoods cannot keep doing this, he said, and the “Option D” plan is a great spot to land compared to where it began and it has all the parties’ fingerprints, including the neighborhood, the developer and the Diocese.

Mayor Mahoney said times have changed and North Dakota’s governor believes in density; however, the Board needs to find out what Fargo needs and he is thankful for neighborhood associations and their articulate leaders. He said he is thankful for the sincere engagement by all involved and that they arrived at a consensus everyone can live with, even though it is has been a challenge.
Commissioner Grindberg offered the following Resolution and moved its adoption:
WHEREAS, All legal requirements in connection with the above-described request for rezoning, Planned Unit Development (PUD) Overlay and Planned Unit Development Master Land Use Plan 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 Resolution was adopted.

First Reading of an Ordinance Rezoning Certain Parcels of Land Lying in Bolley’s Subdivision of Part of Block 9, Chapin’s Addition and College 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 Bolley’s Subdivision of Part of Block 9, Chapin’s Addition and College Addition to the 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.

First Reading of an Ordinance Establishing a Planned Unit Development Overlay on St. Paul’s Newman Center Addition to the City of Fargo:
Commissioner Grindberg moved an Ordinance Establishing a Planned Unit Development Overlay on St. Paul’s Newman Center Addition to the City of Fargo 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 St. Paul’s Newman Center 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 “St. Paul’s Newman Center Addition” containing 3 Lots, 1 Block and 3.82 acres of land more or less, located at 1113, 1117, 1119, 1129, 1131, 1141 North University Drive; 1112, 1118, 1122, 1126, 1130, 1134, 1138, 1142, 1146 12th Street North; 1201, 1211, 1213, 1215, 1223 11th Avenue North; and
WHEREAS, A Hearing was held December 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 December 31, 2018 and January 7, 2019 that a Hearing would be held in the City Commission Room, City Hall, Fargo, North Dakota at 5:15 p.m., January 14, 2019 at which time said Plat would be considered and all interested persons would be heard. At the January 14, 2019 City Commission meeting the Hearing was continued to February 11, 2019, at which time said Plat would be considered.
NOW, THEREFORE, BE IT RESOLVED, That the findings and recommendations of staff and the Planning Commission be accepted and the Plat entitled “St. Paul’s Newman Center 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, Strand and Mahoney voted aye.
Commissioner Gehrig voted nay.
The Resolution was adopted.

First Reading of an Ordinance Amending Section 25-1606 of Article 25-16 of Chapter 25 of the Fargo Municipal Code Relating to Restrictions on Sale, Service or Dispensing of Alcoholic Beverages:
Assistant City Attorney Nancy Morris said there was a request for a waiver of an Ordinance to allow an individual to hold more than one Class “B-Limited” Alcoholic Beverage License. She said the current Ordinance provides for one Class
“B-Limited” Alcoholic Beverage License to be owned by an entity that already holds a Class “B-Limited” Alcoholic Beverage License. This change will allow an entity that currently holds a Class “B-Limited” Alcoholic Beverage License to hold two Class “B-Limited” Alcoholic Beverage Licenses. She said the applicant for the change is going out of business and had a buyer for the business; however, that buyer was purchased by a company that already held a Class “B-Limited” Alcoholic Beverage License; therefore, per Ordinance, could not proceed with the purchase of the applicant’s business. She said that particular License will come back to the City and the original buyer will have a first preference at the application for that Class “B-Limited” Alcoholic Beverage License. There are some time constraints in place, she said, due to the fact that this application was made in October 2018 and if the buyer is allowed to hold this second license, they want to proceed with the application.
Commissioner Strand moved the requirement relating to receipt of the Ordinance by the Commission one week prior to first reading be waived and that an Ordinance Amending Section 25-1606 of Article 25-16 of Chapter 25 of the Fargo Municipal Code Relating to Restrictions on Sale, Service or Dispensing of Alcoholic Beverages be placed on first reading.

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

Legislative Update:
City Administrator Bruce Grubb said the hearing schedule is slowing down and many bills still reside in Committee. He said he will update the Special Assessments Taskforce this week regarding legislation relative to special assessments. He said there is a master list of what bills have passed, what bills have failed, who has testified and whether the City supports or opposes a certain bill. He said he has weekly calls from the League of Cities and everyone on his team is trying to stay on top of the 907 bills that were introduced.

Commissioner Piepkorn moved that the Board adjourn to 5:00 o’clock p.m., Monday, February 25, 2019.

Second by Grindberg. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 5:50 o’clock p.m.