Board of City Commissioners

Board of City Commissioners - March 27, 2017 Minutes

The Regular Meeting of the Board of City Commissioners of the City of Fargo, North Dakota, was held in the City Commission Room at City Hall at 5:00 o'clock p.m., Monday, March 27, 2017.
The Commissioners present or absent were as shown following:
Present: Gehrig, Grindberg, Piepkorn, Strand, Mahoney.
Absent: None.
Mayor Mahoney presiding.

Mayor Mahoney read a statement with the following information: The Fire Department reminds residents that many people are killed in fires each year caused by cigarettes and other smoking materials, therefore smokers are reminded to put cigarettes out all the way, every time; on April 11th, Fargo Cass Public Health will host Hospice of the Red River Valley’s leadership team and social workers for a presentation to learn more about services available to the community; the Library will host a free concert on April 2nd by folk rock musician Tristan Larson; the Transit Department’s annual iGoEco Challenge runs through April 30th and those participating can earn prizes; and with the final concrete pour for the main structure of the Water Treatment Plant completed March 24th and structural steel more than 80 percent complete, the project is on schedule and expected to be operational the summer of 2018.

Order of Agenda Approved:
Commissioner Strand moved the Order of the Agenda be approved, moving Item Nos. “2b” and “11” from the Consent Agenda to the Regular Agenda and adding an Executive Session relating to Item No. “11” at the end of the meeting.

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

Minutes Approved:
Commissioner Gehrig moved that the Minutes of the Regular Meeting of the Board held on March 13, 2017 be approved as read.

Second by Piepkorn. 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. 1st reading of an Ordinance Amending Sections 8-0101, 8-0305, 8-0920, 8-0921, 8-0d925, 8-0925.1 and 8-0925.8 of Articles 8-01, 8-03, 8-09 and Enacting Sections 8-0920.1 and 8-0921.1 of Article 8-09 of Chapter 8 of the Fargo Municipal Code Relating to the Traffic Code.
2. 2nd reading, waive reading and final adoption of the following Rezoning Ordinances; 1st reading, 3/13/17:
a. Certain Parcels of Land Lying in Osgood Townsite Fourteenth Addition to the City of Fargo, Cass County, North Dakota.
b. Certain Parcels of Land Lying in Island Park Addition to the City of Fargo, Cass County, North Dakota (moved to the Regular Agenda).
3. Creation Resolution re-establishing the Business Improvement District for Downtown Fargo (Attachment “A”).
4. Applications for Games of Chance:
a. Fargo Lions Club for a raffle on 4/20/17.
b. Tammy K. Prischmann Benefit for a raffle on 3/31/17; Public Spirited Resolution.
c. Sigma Alpha Professional Agriculture Sorority for a raffle on 4/7/17.
d. Sigma Alpha Professional Agriculture Sorority for a raffle on 4/8/17.
e. Knights of Columbus 6570 for a calendar raffle from 5/1/17 to 5/31/17.
f. Farm Rescue for a raffle on 12/2/17.
g. Farm Rescue for a raffle on 12/2/17.
5. Applications for property tax exemptions for improvements made to buildings:
a. Brenda A. Deckard, 1330 8th Street South (5 year).
b. Kurt A. and Patricia A. Olson, 1411 10th Street North (5 year).
6. Purchase of Service Agreement in the amount of $20,000.00 with Cass County Social Services for in home services.
7. Grant award from the ND Department of Health for the immunization program (CFDA #93.539 and #93.268).
8. Contract with Baker & Taylor, Midwest Tape, Ingram and Quality Books for the purchase of library materials (RFP17020).
9. Agreement with the ND Department of Emergency Services and the Fargo Fire Department for materials and supplies for response to hazardous materials releases.
10. Purchase of two wildland skid units from M & T Fire and Safety, Inc. in the amount of $30,118.00.
11. Eight City of Fargo Resolutions of Necessity pertaining to the acquisition of properties for Flood Mitigation purposes (moved to the Regular Agenda).
12. Lease Agreement with the Fargo Park District for five recycling center locations.
13. Equipment proposal awards for Project No. SW16-03, Phase I.
14. Bid awards to Precision Roadway Services, LLC for Project No. PR-17-C1 in the amount of $44,800.00, and to Earthwork Services for Project No. SW16-02 in the amount of $139,806.14.
15. Hazard Mitigation Grant Program Amendment No. 4 for Project No. WW 1402.
16. Direct the City Attorney’s Office to review Fargo Ordinance Chapter 17-Control and Regulation of Sewerage System to ensure the City’s legal authority is aligned with the ND Department of Health Pretreatment Regulations.
17. Bid advertisement for Project Nos. FM-15-B2, HD-17-A and TM-17-A.
18. Contract and bond for Project No. WA1601.
19. Bills in the amount of $3,907,512.69.

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.

Memorandum of Offer to Landowner with Sterling Properties, LLLP Approved (Improvement District No. PR-17-A):
Commissioner Grindberg moved the Memorandum of Offer to Landowner for the purchase of two permanent easements and a temporary easement from Sterling Properties, LLLP Improvement District No. PR-17-A be approved.

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.

Access Agreement with Montplaisir Ag and Rental LLP Approved (Improvement District No. BN-17-A1):
Commissioner Grindberg moved the Access Agreement with Montplaisir Ag and Rental LLP for property located at 2102 45th Street North Improvement District No. BN-17-A1 be approved.

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.

Final Balancing Change Order No. 1 for Improvement District No. PN-14-71 Approved:
Commissioner Grindberg moved approval of Final Balancing Change Order No. 1 for an increase of $12,545.31 for Improvement District No. PN-14-71.

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.

Addition of an Incentive Clause for Improvement District No. BR-17-C Approved:
The Board received a communication from the Public Works Projects Evaluation Committee (PWPEC) regarding a recommendation to include an incentive for the project on 4th Street from 2nd Street South to Main Avenue. A disincentive is not recommended, as liquidated damages will apply, they said. Staff is recommending the inclusion of 25 days of incentive for 4th Street at a rate of $5,000.00 per day. The total maximum possible incentive is $125,000.00, they said, and no incentive is recommended for Main Avenue.

Commissioner Grindberg moved the inclusion of an incentive for Improvement District No. BR-17-C be approved as recommended.

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.

Force Main Construction, Sanitary Sewer Rehabilitation, Street Reconstruction and Incidentals Improvement District No. BR-17-A1: Protests Received and Declared Insufficient:
The Statutory Resolution of Necessity for the construction of Force Main Construction, Sanitary Sewer Rehabilitation, Street Reconstruction and Incidentals Improvement District No. BR-17-A1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on February 20 and 27, 2017 and protests representing 1 percent of the legal protest area have been received and filed in the office of the City Auditor within the legal protest period.

Commissioner Grindberg moved the protests be received and filed and declared insufficient.

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.

Bids Received for Force Main Construction, Sanitary Sewer Rehabilitation, Street Reconstruction and Incidentals Improvement District No. BR-17-A1:
The bids for Force Main Construction, Sanitary Sewer Rehabilitation, Street Reconstruction and Incidentals Improvement District No. BR-17-A1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., Wednesday, March 22, 2017 and the bids were found to be as follows:

Master Construction Company, Inc. Fargo, ND
Bid: $2,846,155.75

Dakota Underground Company Fargo, ND
Bid: $2,939,380.84

KPH, Inc. Kindred, ND
Bid: $3,076,797.70

Sellin Brothers, Inc. Hawley, MN
Bid: $3,362,177.40

Contract for Force Main Construction, Sanitary Sewer Rehabilitation, Street Reconstruction and Incidentals Improvement District No. BR-17-A1 Awarded to Master Construction Company in the Amount of $2,846,155.75:
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 Force Main Construction, Sanitary Sewer Rehabilitation, Street Reconstruction and Incidentals Improvement District No. BR-17-A1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received for Force Main Construction, Sanitary Sewer Rehabilitation, Street Reconstruction and Incidentals Improvement District No. BR-17-A1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Force Main Construction, Sanitary Sewer Rehabilitation, Street Reconstruction and Incidentals Improvement District No. BR-17-A1shows the bid of Master Construction Company of Fargo, North Dakota in the sum of $2,846,155.75 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 Master Construction Company in the sum of $2,846,155.75 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Force Main Construction, Sanitary Sewer Rehabilitation, Street Reconstruction and Incidentals Improvement District No. BR-17-A1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Master Construction Company for the sum of $2,846,155.75, 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, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolution was adopted.

No Protests Received for Seal Coat and Incidentals Improvement District No. PR-17-G1:
The Statutory Resolution of Necessity for the construction of Seal Coat and Incidentals Improvement District No. PR-17-G1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota, on February 20 and 27, 2017 and no protests either written or verbal have been received or filed in the office of the City Auditor within the legal protest period, nor at any time.

Commissioner Grindberg moved that the Board declare that no protests have been filed to the construction of Seal Coat and Incidentals Improvement District No. PR-17-G1.

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.

Bids Received for Seal Coat and Incidentals Improvement District No. PR-17-G1:
The bids for Seal Coat and Incidentals Improvement District No. PR-17-G1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., Wednesday, March 22, 2017 and the bids were found to be as follows:

Asphalt Surface Technologies Corporation St. Cloud, MN
Bid: $798,304.58

Asphalt Preservation Company, Inc. Detroit Lakes, MN
Bid: $821,217.22

Pearson Brothers, Inc. Loretto, MN
Bid: $839,219.00

Contract for Seal Coat and Incidentals Improvement District No. PR-17-G1 Awarded to Asphalt Surface Technologies Corporation in the Amount of $798,304.58:
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 Seal Coat and Incidentals Improvement District No. PR-17-G1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received Seal Coat and Incidentals Improvement District No. PR-17-G1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Seal Coat and Incidentals Improvement District No. PR-17-G1 shows the bid of Asphalt Surface Technologies Corporation of St. Cloud, Minnesota in the sum of $798,304.58 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 Asphalt Surface Technologies Corporation in the sum of $798,304.58 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Seal Coat and Incidentals Improvement District No. PR-17-G1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Asphalt Surface Technologies Corporation for the sum of $798,304.58, 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.

No Protests Received for Street Lighting and Incidentals Improvement District No. SL-16-B1:
The Statutory Resolution of Necessity for the construction of Street Lighting and Incidentals Improvement District No. SL-16-B1 in the City of Fargo, North Dakota, was duly published in the official newspaper for the City of Fargo, North Dakota on February 20 and 27, 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 Street Lighting and Incidentals Improvement District No. SL-16-B1.

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.

Bids Received for Street Lighting and Incidentals Improvement District No. SL-16-B1:
The bids for Street Lighting and Incidentals Improvement District No. SL-16-B1 in the City of Fargo, North Dakota were opened at 11:30 o'clock a.m., Wednesday, March 22, 2017 and the bids were found to be as follows:

Strata Corporation Grand Forks, ND
Bid: $617,090.40

Scott’s Electric, Inc. Wahpeton, ND
Bid: $651,925.50

Fargo Electric Construction Fargo, ND
Bid: $657,161.50

Moorhead Electric Fargo, ND
Bid: $666,877.30

Contract for Street Lighting and Incidentals Improvement District No. SL-16-B1 Awarded to Strata Corporation in the Amount of $617,090.40:
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 Street Lighting and Incidentals Improvement District No. SL-16-B1; and
WHEREAS, The Board of City Commissioners of the City of Fargo has considered the bids received March 22, 2017 for Street Lighting and Incidentals Improvement District No. SL-16-B1 in the City of Fargo, North Dakota; and
WHEREAS, The City Engineer's tabulation of the bids received for Street Lighting and Incidentals Improvement District No. SL-16-B1 shows the bid of Strata Corporation of Grand Forks, North Dakota in the sum of $617,090.40 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 Strata Corporation in the sum of $617,090.40 is the lowest and best bid received.
BE IT FURTHER RESOLVED, That the contract for Street Lighting and Incidentals Improvement District No. SL-16-B1 in the City of Fargo, North Dakota, be and the same is hereby awarded to Strata Corporation for the sum of $617,090.40, 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.

Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-17-F (Bison Village, 10th Street north of 32nd Avenue North):
Commissioner Grindberg moved the following action be taken in connection with Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-17-F:

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

10th Street North from 32nd Avenue North to 700’ north.

COMPRISING:
Lots 3 through 28, Block 1.
All platted in Bison Village Addition.

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

NOW, THEREFORE, BE IT RESOLVED, That Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-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. BN-17-F:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BN-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 $524,118.00.)

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

Adopt Resolution Approving Plans and Specifications and Engineer's Report for Improvement District No. BN-17-F:
WHEREAS, The Board of City Commissioners of the City of Fargo, North Dakota, has created Improvement District No. BN-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. BN-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 Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-17-F 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 Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals Improvement District No. BN-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 Sanitary Sewer, Water Main, Storm Sewer, Paving, Street Lights and Incidentals must be in writing and must be filed with the City Auditor's Office within 15 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. BN-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. BN-17-F in the City of Fargo, North Dakota.

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.

Water Main Replacement, Force Main Construction, Street Reconstruction and Incidentals Improvement District No. BR-17-B (Broadway from 15th Avenue North to 12th Avenue North):
Commissioner Grindberg moved the following action be taken in connection with Water Main Replacement, Force Main Construction, Street Reconstruction and Incidentals Improvement District No. BR-17-B:

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

On Broadway North from 15th Avenue to 12th Avenue.

COMPRISING:
An area bound on the north by 15th Avenue North, bound on the south by 12th Avenue North, bound on the west by 8th Street North, and bound on the east by 3rd Street North.

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

NOW, THEREFORE, BE IT RESOLVED, That Water Main Replacement, Force Main Construction, Street Reconstruction and Incidentals Improvement District No. BR-17-B in the City of Fargo, North Dakota, be and the same is hereby created.

Request Report and Estimate of Cost From the City Engineer for Improvement District No. BR-17-B:
Direct City Engineer to report as to the general nature, purpose and feasibility relative to the construction of Improvement District No. BR-17-B in the City of Fargo, North Dakota; as well as an estimate of the approximate cost of said construction. (The Engineer's estimate of cost is $3,200,004.00.)

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

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

Adopt Resolution Declaring Water Main Replacement, Force Main Construction, Street Reconstruction and Incidentals Improvement District No. BR-17-B Necessary:
BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF FARGO:
That it be and is hereby declared necessary to construct Water Main Replacement, Force Main Construction, Street Reconstruction and Incidentals, Improvement District No. BR-17-B 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 Water Main Replacement, Force Main Construction, Street Reconstruction and Incidentals improvement is to be paid from Infrastructure Sales Tax, and approximately 34% 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 Water Main Replacement, Force Main Construction, Street Reconstruction & 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. BR-17-B:
Direct City Auditor's Office to publish a Notice, as required by law, calling for bids for the construction of Improvement District No. BR-17-B in the City of Fargo, North Dakota.

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.

Public Comments Regarding the Outcome of the Election and City Governance Task Force:
Commissioner Grindberg said he felt there should be an agenda item in the evening so more people could come in to make comments on the Task Force report. He said he wants people to convey their thoughts, he welcomes a change and that needs to be taken sincerely on what is right for the city to move forward and it is incumbent to have a proper opportunity for people to convey their thoughts.

Zac Echola, 11 6th Street South, said many issues within governance can be fixed and there are some things with elections that could be done better. He said two issues are admirable and simple to implement, the first being the approval voting system and the second is the addition of two Commission members. He said approval voting is not complicated; it is an inoffensive reform in that it helps elected officials better understand their mandate or lack thereof. He said candidates with no chance of ever winning could get a better understanding of where their support is. People have to choose one or the other, he said, and candidates who do not have resources to run several times over may give up after the first time. He said Former Mayor Bruce Furness said many times that no voting system is without problems but the one the City uses is the worst. He said there is a fear in general of being first at this and there are groups all over the country looking at these changes. He said Minneapolis moved to a ranked choice voting system, which is more complicated. He said in speaking with people about this, many agree once it is explained to them and the most resistance he gets is from politicians or former politicians. Second, he said, adding two Commission members is an incremental step toward better governance. He said Fargo is one of the largest cities that still uses a portfolio-style City Commission, so as the city grows it makes sense to have a more diverse set of viewpoints on the Commission. He said wards are an inevitability, but the Task Force was not able to have a wide-ranging discussion about the ward system.

Courtney Schaff, Fargo, expressed she is in favor of approval voting and the addition of two City Commissioners.

Steve Olson, 2808 Maple Street North, said he is against the Task Force recommendation to use approval voting because the method is untried in the United States and allows voters to cast multiple approval votes. He said the Task Force stated the results of approval voting will mirror the results of the current plurality system and it may result in higher numbers of votes and percentages for successful candidates. However, he said, there is no guarantee that successful candidates will have higher winning percentages than with the plurality system. He said he would always be suspicious of tabulation fraud because the number of approvals will not be directly relatable to the number of ballots. He said he can live with candidates having low percentages and he thinks it benefits voters by encouraging city officials to be moderate in their actions if they know they do not have a mandate. He said regarding how to increase voter turnout, he suggests the best way to conduct city elections is via mail ballot and he encourages the Commission to adopt instant run-off voting, also known as ranked voting. He said mail ballots will significantly increase the number of ballots cast and run-off voting will always yield elected officials with 50 percent or more of the vote. He said the Task Force said approval voting will not require much of an investment and mail voting will offer some savings by eliminating the cost of running polling places and by reducing the number of vote tabulating machines; however, it will add other costs that are a worthy expenses for having an effective and clearly understandable election.

Justin Vega, 213 20th Street East, West Fargo, said in 2011 he put a foot forward into politics. He said one of the methods of election he found to be effective on the local level was run-off voting. He said all the candidates are nominated and seconded, and a round of voting is held. He said if a candidate for the position did not reach 50 percent of the vote, the least amount of votes was removed and a new round of voting started. He said this would repeat until someone got 50 percent. This system has been used at the state and national level, he said, and applying it to a single ballot and several localities across the country gives the citizens a voice. He said candidates received a majority vote and the example that spurred this was the number of candidates but no one got the majority, yet the voice of the people called into question was very effective. He said after votes are cast, a citizen and two candidates were remaining and he hopes this system is considered, as there are studies available which support it.

Mark Johnson, a non-voting member of the Task Force and a political science teacher, said Fargo is the only city of its size with a Commission form of government. He said Fargo is on the high end, and there is only one other than Bismarck, which uses wards and some use the mixed system. He said Commissions are very rare in cities with populations over 100,000. He said he likes the idea of using a mixed system, some from wards, some at-large, and this is a compromise. As for approval voting, he said, the literature is quite thin and based on mathematical theories. He said the City should not be locked in to something and should be allowed to improve our democracy.

Joe Burgum, 514 10th Avenue South, said he supports two do pass recommendations as they both add a level of dynamics. He said it is not about the Commissioners, it is how does the City improve democracy. He said people want to vote on these recommendations and he sees the eagerness of people who want to be involved. He said there are strong merits to both and this is not a winner take all. He said it should be OK to try something and the City should not be locked in to something.

Jed Limke, 2301 11th Street South, also served on the Task Force and supports increasing the Commission by two members. He said Fargo is much larger now than when the five-member Commission was created. Adding two members, he said, will add more voices to the Commission and they can be more responsive and more receptive. As for approval voting, while there are proponents of other types of voting, he said, there is not one person who says the City should not change. In approval voting, the public votes for one or more candidates and as a Commissioner you can look at your results and know that you earned them. This is a safe change, he said, and other governments use it as does the United Nations. He said local governments are the laboratories of democracy and he thinks Fargo is ready to try this change.

Carol Sawicki, who represented the League of Women Voters on the Task Force, said wards are something to think about and to not just assume just because the Task Force did not come to a consensus the group did not have serious thoughts about it.

Commissioner Grindberg said HB3016 is an interim study of changing election law statewide. The Legislature will know if there is something that is studied, he said, and what the Commission should deliberate. He said with a Home Rule Charter, the Commission or the people could put this on the ballot. He said he would like to study more about the approval voting method and the Commission should make a decision by May 1st.

Commissioner Gehrig said he received some feedback about the Task Force findings and he is surprised by how much people want change.

Application for Abatement or Refund of Taxes #4460 submitted by Mark Weston of Rabbit River, LLC on Property Located at 3500 38th Avenue South Approved:
The Board received a communication from City Assessor Ben Hushka that an application was filed by Mark Weston of Rabbit River, LLC for abatement or refund of taxes and requesting the valuation for 2016 be reduced from $3,667,000.000 to $3,000,000.00 on an apartment building located at 3500 38th Avenue South. Mr. Huschka said the information in the application is a pro-forma income and expense worksheet, a cash flow statement and cost information. He said the applicant indicated there was an independent appraisal completed on the property for financing purposes; however, he has not provided a copy of the appraisal. He said the valuation information provided on the application does not reflect the value of the entire parcel and it appears to reflect the land area dedicated to one building. He said there is additional land and another building is under construction. He said the current valuation of $3,667,000.00 is the result of a market-adjusted cost approach model to arrive at the value of one building that was completed for the 2016 assessment. He said he also considered an estimated income approach using the pro-forma information provided by the applicant. He said the property has not attained stabilization so the income analysis has limited benefit at this time. He said in applying current cost models, the value of the property is $3,627,000.00, which is $40,000.00 less than the certified 2016 value. He said he feels this value is reasonable based on sales and the values of comparable properties. There was only one recent sale with underground parking, so the Assessor’s Office did some analysis going back a few years looking for a premium that may be paid for properties with underground parking, which this property has. He said he is confident in the value compared to recent projects with no underground parking. He said there is missing and incorrect information on the application. He said the applicant stated the true value on land is $189,000.00, but the City’s land value is $420,000.00 for the entire site where more buildings will be constructed. He said the land was purchased for $549,000.00 and in the building value he is requesting, he said he might have transposed some numbers. He said the applicant refers to actual costs of $2,977,000.00 rather than $2,279,000.00. He said if those values are corrected, construction costs and acquisitions total $3,526,000.00 or about 2.8 percent value than what the Assessor’s Office is. He said he does recommend a slight reduction to $3,627,000.00.

Mr. Weston, 6203 13th Street North, said the property is one parcel and includes two apartment buildings and a small office building. He said that is how the property is designated. He said he has been an appraiser for 10 years and is familiar with the three approaches to value and he is also a licensed commercial real estate agent with 20 years of experience. He said he has the appraisal from Bell State Bank; however, he did not know he needed to turn it over due to the fact that it is two years old. He said rents in the building were penciled in at $1,300.00 for a three bedroom, $1,100.00 for a two bedroom and $850.00 for a one bedroom; however, they have not realized that. He said he was told by the Assessor’s Office that the building has not stabilized, which takes 12 to 18 months. He said the building went online in November 2015; therefore, next month it will be 18 months. He said the Assessor’s Office said sales are at the 7 percent to 7.1 percent cap rate and he thinks that is aggressive. He said the fed in the last 12 months has raised rates 25 basis points and anyone who understands real estate investing knows when interest rates go up, so do cap rates. He said he reviewed the appraisal and it shows a 5 percent vacancy, which is what the appraiser used in the report along with rents. It comes to about 5.8 percent, he said, and he said he took out the 8 percent and can be optimistic and see a 6 percent vacancy; however, that still does not get to 7 percent or 7.1 percent. He said these properties sell based on the income approach, not the cost or sales comparison approach. He said he could bring in real estate investors and agents who will say the same thing. He said he understands taxation; however, he is asking for fairness. He said he did a breakdown of the properties and was told by the Assessor’s Office there would be $189,000.00 of land on the 3500 building, $189,000.00 of land on the 3480 building that is now under construction and the office would be $42,000.00, which totals $3,231,000.00. He said if cap rates go up, high vacancies continue and having to give incentives of 8 percent, he will be back. He said he is being taxed in anticipation of income and that is not done with sales tax or income tax; however, with property tax it is an anticipation that someday the investors are going to make money and the City wants to get it now. He said he was asked by the Assessor’s Office why he was building a second building. He said he owns the land and the architects and engineers have been paid and he did not want to wait for inflation and interest rates to go up. He said he waited until now to start construction on the second building due to the fact that he was not confident and even today he is not confident; however, he got into it and now he has to finish what was begun. He said he hopes things change in two to three years as fewer apartments are built; however, if not, he is going to be in trouble.

In response to a question from Commissioner Strand about basing assessments on fuller occupancy than 9 percent and are there policies that allow that or affect that and is discussion about valuations according to occupancy, Mr. Hushka said the most available data on commercial property is sales. He said the income approach is important and he tries to get as much information as he can on actual income and vacancies. He said an appraisal firm provides quarterly reports which show vacancy rates and vacancies are up due to the fact there are have been a lot of units constructed in the past couple of years. He said as an Assessment Office that is responsible to put a value on everything every year by February 1st, his office is working on limited data. He said at best 3 percent to 5 percent of commercial properties in town sell in a given year, so the Assessor’s Office tries to look for trends in occupancies and sales but the Assessor’s Office does not have the data to do income approaches on everything. He said even if they did, there are some areas in town that have better occupancy rates than others, so assessments are done area by area, not building by building. He said the Assessor’s Office sweeps a big brush every year and are a year behind. He said the value of this building is as of February 1st, 2016 and some of what has happened since then will show up in the future if values are down.

In response to a question from Commissioner Grindberg about consistency and if the Feds raise interest rates, what work will be the City have to do on a formula basis, Mr. Hushka said apartments are separate from all other commercial property and all apartment sales are analyzed and broken down with whatever grouping is indicated statistically by such things as age and unit count. He said the Assessor’s Office uses the same cost service application, making adjustments based on the analysis for different category breakdowns and apply the same formula to all properties that fall into the study categories.

In response to a question from Commissioner Strand asking if the Commission honors this request for a lower valuation is that setting a precedent, Mr. Hushka said if one property is singled out of what has been determined statistically and using the best analysis, that will open the door for other properties to come in and ask for the same.

Commissioner Piepkorn moved the value on 3500 38th Avenue South be reduced to $3,627,000.00 for the 2016 tax year.

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 Corporate Air for Payment in Lieu of Tax Exemption (PILOT) Denied:
A Hearing had been set for this day and hour on an application filed by Corporate Air for a payment in lieu of property tax exemption (PILOT) for a project at 3100 31st Street North which the applicant will use in the operation of a storage and aircraft maintenance facility for freight shipping.
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 the Tax Exempt Review Committee met to consider this application. He said the applicant was not present at the meeting and the Committee determined this project does not meet the necessary criteria to be eligible for a PILOT. The project does not have primary sector designation from the State of North Dakota, he said, and the project does not meet the necessary policy requirements for a combination of jobs created, project type and improvement value. He said the Tax Exempt Review Committee recommended denial.

Commissioner Grindberg moved that the application filed by Corporate Air for a ten-year payment in lieu of tax exemption (PILOT) be denied.

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 to Transfer the Alcoholic Beverage License from Grazies Pasta Company LLC d/b/a Grazies Italian Grill to Albana LLC d/b/a Grazies Restaurant Denied:
A Hearing had been set for this day and hour on an application to transfer the Class "FA" Alcoholic Beverage License from Grazies Pasta Company, LLC d/b/a Grazies Italian Grill to Albana, LLC d/b/a Grazies Restaurant at 2400 44th Street South notice of which had been duly published in the official newspaper for the City of Fargo.
City Auditor Steve Sprague said the Liquor Control Board did an evaluation of the application and found that the applicant has some significant credit concerns. He said there were two judgements in the credit history; therefore, the Liquor Control Board is recommending denial of this application. He said the applicant knows of this decision and was told if the credit issues are resolved, Liquor Control would reconsider the application.

Commissioner Piepkorn moved the application be denied.

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.

Application to Transfer the Alcoholic Beverage License from Romo’s LLC d/b/a Romo’s Tacos to Romo’s LLC d/b/a Romo’s Tacos Approved:
A Hearing had been set for this day and hour on an application to transfer the Class "H" Alcoholic Beverage License from Romo’s LLC d/b/a Romo’s Tacos at 3402 13th Avenue South to Romo’s LLC d/b/a Magnolia’s at 402 Broadway North 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 application is a location transfer only. He said Romo’s will no longer be able to sell alcohol at their 13th Avenue South location but they will be able to sell alcohol at the new location on Broadway. He said the recommendation from the Liquor Control Board is to approve.

Commissioner Strand moved the application be approved.

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

State Water Commission Request for Reimbursement for FM Diversion Project Costs Approved:
Finance Director Kent Costin said the State Water Commission is requesting $465,203.00 for cost reimbursement for the FM Area Flood Risk Management Project for February 2017. He said the list of projects for February is shorter due to the fact that all of the projects were for in-town improvements. He said the Diversion eligible activities included work in the Howard Johnson area, 2nd Street and gatewell projects as well as other projects along the river corridor.

Commissioner Grindberg moved the cost reimbursement request in the amount of $465,203.00 for the FM Area Flood Risk Management Project be approved.

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.

Board of Equalization to Meet at 7:30 a.m. on Tuesday April 11, 2017:
Commissioner Grindberg moved the Board of Equalization meet at 7:30 o’clock a.m. on Tuesday, April 11, 2017.

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.

Legislative Update:
City Administrator Bruce Grubb said committee hearings concluded last week; however, additional committee work continues. He said there are four or five bills alive that are of interest to staff and Commission and there are two water bills he has been tracking. He said HB1020 has to do with the Diversion and water supply funding and the other bill is HB1374, which is also a State Water Commission bill that would protect eligibility to receive state funding.

Finance Director Kent Costin said he has been tracking HB1361, which has to do with property taxes and it is still in the works. He said he provided testimony on the bill at a hearing, as did representatives from Grand Forks, Dickinson, West Fargo and several school and park districts that are subject to this cap. He said his testimony surrounded the deficiency levy authority that is not included within this provision that allows the City to make our special assessment bonds. He said there is no provision in this bill for this, which is something the City previously had and the Legislature did not reinstate it. He said the Diversion core financial plan is wrapped around special assessment financing up to $870 million and the City has extended the sales tax to 2084 and all of this is related to that bill due to the fact they were taking away that ability. He said very few people other than the bill supporters testified in favor of the bill and the City of Fargo encouraged a do not pass. He said when describing the bill, it pursues ways and means of taxing the additional value of homes. The companion bill, HB1276, failed due to the fact that it was trying to levy at the parcel level as opposed to the entire tax base. He said there was strong opposition to HB1361 in committee hearings.

Planning Director Jim Gilmour said language was added to SB2166 to not allow new Tax Increment Financing (TIF) districts within Renaissance Zones. He said Fargo still wants that option and this bill would not allow any new Renaissance Zones in TIF districts. He said while the City has existing Renaissance Zones, he is not sure if this would apply to an extension. He said SB1182 is still in the Senate Finance Committee and state income tax exemptions would have been taken out of that bill; however, there are other amendments being considered.

In response to a question from Commissioner Strand about the new conceal carry law in North Dakota, Police Chief David Todd said the City cannot further restrict what the state restricts. He said the new bill does not allow people to carry in places already prohibited, such as schools and government buildings and others where permission is required. He said he did send his thoughts about the bill to the Governor and encouraged a veto. He said as a public safety officer for more than 30 years, he has seen many cases of accidental discharges and crimes. He said the bill does not offer any training and he cannot understand why there would be a call for a bill that does not require a class on parameters such as use of Force. He said under the former conceal carry legislation, there was a class required and people had to attend safe handling classes.

Resolutions of Necessity Adopted Pertaining to the Acquisition of Eight Properties for Flood Mitigation Purposes (Attachments “B,” “C,” “D,” “E,” “F,” “G,” “H” and “I” moved from the Consent Agenda):
Division Engineer Jody Bertrand gave a presentation regarding the acquisition of eight properties on Hackberry Drive, Harwood Drive and River Drive. He said this is the eve of the eight-year anniversary of the record flood of 2009, when the Red River reached the 40.84 flood level. He said this is one of the areas where there were major concerns during the 2009 flood. He said sandbagging in the rear of the homes in this area was difficult due to the slope down to the river and due to that slope, a secondary line was eventually built in front of the homes with Hescos backed up by clay. He said this area was also a concern in 2011 and in 2012, these homes were on the master buyout list. A permanent dike running from 32nd Avenue to 40th Avenue South is being built and 52 properties have been acquired. He said there were geotechnical evaluations done in the area as well as a hydraulic impact analysis. He said Phase 1 of the dike was completed in 2015 and in order to complete Phase 2, these eight properties are needed. He said multiple letters for voluntary buyouts have been sent to the property owners, outlining that they would be paid the assessed value of their home plus 10 percent. The path forward now, he said, is to have the resolutions of necessity for these eight properties. He said this does not impede continuing negotiations; however, the resolutions are just another step that allows the City to move forward in the court system for eminent domain if that becomes necessary.

Aubrey Zuger, an attorney working for Curtis H. and Deborah Kesselring, 635 Harwood Drive South, said the Kesselring’s have spent more than the value of their home to build a private floodwall that protects their property, which the City encouraged at one time. She said the critical number is 43.5 feet, which is the Kesselring’s level of protection when they constructed their home in 2008. She said there was considerable expense in building the floodwall and they worked with the City to ensure their home was protected. She said the Kesselring’s spent more money on flood control than what the City has offered to buy their home.

Mayor Mahoney said the issue with the Kesselring’s floodwall is it is not certified for the flood issues. He said there were also extenuating circumstances with the Kesselring’s regarding the appraisal.

Ms. Zuger said the Kesselring’s flood protection is two and a half feet taller than the crest in 2009. She said last month the Kesselring’s received an offer from the City and contacted Engineering to request a meeting to consider other options that would allow them to keep their home. Engineers did meet with her clients, she said, who discussed with them three options, including tying into their existing floodwall, building a second floodwall behind their floodwall or building the City floodwall somewhere else on their property. Following that meeting, she said, City engineers did not do any other analysis and the Kesselring’s were told they should perform the analysis to determine whether there is a viable alternative to taking their home. She said the offer the Kesselring’s received was cents on the dollar, which is difficult for them. She said the Resolution includes language that the City has negotiated in good faith, but that it is not true with the Kesselring’s. She said the City is in a rush to acquire properties; however, with this specific home, the City worked on an appraisal for a year and the Kesselring’s got the offer a month ago and now six weeks later they have to make a decision.

City Engineer April Walker said Engineering did meet with the Kesselring’s and told them Engineering was not authorized to do additional engineering work, the Commission chose a preferred alternative and Engineering was directed to move forward. She said if the Kesselring’s want to suggest some alternate form of protection, they could do that as a counter offer; however, they have to make their terms known, She said one alternative was to potentially leave their house on the wrong side. She said she told the Kesselring’s the Commission would want to know specifically what that meant to them, for instance were they expecting to be compensated, what would they do if they were flooded and all of those terms would need to be outlined in a counter offer. She said if advised by the Commission, Engineering could design a floodwall to keep them on the wrong side, but that would be at the direction of the Commission.

In response to a question from Commissioner Grindberg as to where the Kesselring’s suggested the floodwall be moved, Ms. Walker said right behind the sidewalk on the front of the house.

In response to a question from Commissioner Grindberg about the possibility of putting the floodwall on the back of the property, Ms. Walker said there is a geothermal network in the backyard that prevents Engineering from going behind them and the floodway is also quite close.

Assistant City Attorney Nancy Morris said the offer to the Kesselring’s is based on the appraisal amount that was conveyed on March 1st and negotiations are ongoing.

Commissioner Gehrig moved the Resolutions of Necessity referred to as Attachments “B,” “C,” “D,” “E,” “F,” “G,” “H” and “I,” be adopted and attached herto, pertaining to acquisition of properties for flood mitigation purposes.

Second by Grindberg. On call of the roll Commissioners Gehrig, Grindberg, Strand, Piepkorn and Mahoney voted aye.
No Commissioner being absent and none voting nay, the Resolutions were adopted.

Second Reading and Final Adoption of an Ordinance Rezoning a Certain Parcel of Land Lying in Island Park Addition to the City of Fargo, Cass County, North Dakota Approved (moved from the Consent Agenda):
Commissioner Strand said when items come up for a second and final vote he wants his vote on the second reading to reflect his vote on the first reading. He said he voted against this ordinance on first reading and he wants to register his consistent vote. He said it is his desire to contemporize zoning so these debates are not necessary. He said he wants to be a voice for the citizens and neighbors and he is standing for them for what they wanted.

Commissioner Grindberg said there are efforts to update the code and there is room for improvement; however, he said the Commission is consistent. He said if you would ask 99 people what it means to preserve a neighborhood you would get 99 different answers and the ultimate issue is you cannot please everyone. He said the Copeland home near Main Avenue is a brand new home; however, it looks like every house in the neighborhood. He said trees and other homes make it fit into the neighborhood, not what windows are used. He said the Commission has to make decisions that are right for the neighborhood and not everyone is going to be happy.

Commissioner Grindberg moved that the proposed Ordinance Rezoning a Certain Parcel of Land Lying in Island Park Addition to the City of Fargo, Cass County North Dakota, which was placed on its first reading March 13, 2017 be now placed on its second reading and a vote taken on the question of its final passage and adoption.

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

There was unanimous consent to waive reading of the Ordinance in its entirety and no one was present to request that the Ordinance be read.
On the vote being taken on the question of the final passage and adoption of the Ordinance, Commissioners Grindberg, Gehrig, Piepkorn and Mahoney voted aye.
Commissioner Strand voted nay.
The Ordinance was duly passed and adopted.

Police Chief Dave Todd gave a short presentation and analysis about the overall crime rate in Fargo over the past year. Overall crime is up 3 percent, he said, with Part 1 crimes up 14 percent. He said Part 1 crimes are felony level such as burglary, theft of vehicle, gross sexual imposition and homicide. Part 2 crimes were up 4 percent, which include simple assault and misdemeanor theft. He said the analysis of the crime rate is somewhat anectodal due to an increase in population and a lot of it is addiction-driven, he said, with people committing theft and fraud crimes to feed that addiction.
Commissioner Piepkorn said next year he would like the Commission to be briefed on the report before it is released to the media to give them a chance to ask questions and be informed.

Mayor Mahoney announced that the Board will meet in Executive Session in the River Room for purposes of attorney consultation and discussion of negotiation strategy pursuant to N.D. Cent. Code § 44-04-19.1(2) for the acquisition of property located at 707 Harwood Drive South, Fargo.

Commissioner Gehrig moved the Commissioners meet in Executive Session in the River Room as authorized by NDCC, Section 44-04-19.1(2) to discuss said matter.

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

At 6:40 o’clock p.m. the Board moved to the River Room to discuss the litigation matter in Executive Session.
Members present were: Strand, Gehrig, Grindberg, Piepkorn and Mahoney.

The Executive Session closed at 7:02 p.m. and the meeting reconvened in public session at 7:04 o’clock p.m.
Members present were: Strand, Gehrig, Grindberg, Piepkorn and Mahoney.

Commissioner Gehrig moved the recommendation regarding the acquisition of property located at 707 Harwood Drive South be approved.

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

Commissioner Grindberg moved that the Board adjourn to 5:00 o’clock p.m., Monday, April 10, 2017.

Second by Piepkorn. All the Commissioners voted aye and the motion was declared carried.
The time at adjournment was 7:07 o’clock p.m.